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HomeMy WebLinkAbout2018-01-10 e-packet@7:00Wednesday, January 10, 2018 7:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA City Council Regular Meeting Agenda January 10, 2018City Council Regular Meeting Agenda PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:00 p.m. 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. LIZA NORMANDY, Mayor KARYL MATSUMOTO, Mayor Pro Tempore RICHARD A. GARBARINO, Councilman MARK ADDIEGO, Councilman PRADEEP GUPTA, Councilman 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. Page 2 City of South San Francisco Printed on 4/16/2018 January 10, 2018City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Presentation by HIP Housing regarding its annual calendar contest and distribution. (Leila Parreras, HIP Housing) 1. Presentation by Get Us Moving San Mateo County regarding transportation needs and funding. (Cory Wolbach, Get Us Moving San Mateo County) 2. Presentation regarding online permitting implementation. (Phillip Perry, Chief Building Official) 3. PUBLIC COMMENTS COUNCIL COMMENTS/REQUESTS Page 3 City of South San Francisco Printed on 4/16/2018 January 10, 2018City Council Regular Meeting Agenda PUBLIC HEARING Report regarding ordinance amending Chapter 8.67 of the South San Francisco Municipal Code revising the method of calculation for the Parkland Acquisition Fee and a Parks Construction Fee for Non-Residential Developments. (Richard Lee, Director of Finance) 4. Resolution affirming Average Fair Market Value per Acre of Park Land, adjusting the Average Park Construction Cost per Acre, and establishing an Administrative Fee pursuant to Chapter 8.67 of the South San Francisco Municipal Code. 4a. Ordinance amending Chapter 8.67 of the South San Francisco Municipal Code revising the method of calculation for the Parkland Acquisition Fee and a Parks Construction Fee for Non-Residential Developments. 4b. ADMINISTRATIVE BUSINESS Report regarding a resolution approving the purchase and installation of three sculptures: Windswept, by Brian F. Russell, purchase price of $18,000; Slices of Heaven by Craig Gray, purchase price of $16,000; and Popsicles by Craig Gray, purchase price of $16,000, and amending the Fiscal Year 2017-18 Parks and Recreation Department operating budget by $50,000 pursuant to Budget Amendment #18.016. (Sharon Ranals, Parks and Recreation Director) 5. Resolution approving the purchase and installation of three sculptures: Windswept, by Brian F. Russell, purchase price of $18,000; Slices of Heaven by Craig Gray, purchase price of $16,000; and Popsicles by Craig Gray, purchase price of $16,000; and amending the Fiscal Year 2017-18 Parks and Recreation Department operating budget by $50,000 pursuant to Budget Amendment #18.016. 5a. Report regarding a resolution approving the transfer of ownership of a modular trailer installed at the bocce courts at Orange Memorial Park to the Italian American Citizens Club and executing a new Lease Agreement to define the terms and conditions for the the Italian American Citizens Club’s use of the trailer on City property. (Sharon Ranals, Parks and Recreation Director) 6. Resolution approving the transfer of ownership of a modular trailer installed at the bocce courts at Orange Memorial Park to the Italian American Citizens Club and executing a new Lease Agreement to define the terms and conditions for the Italian American Citizens Club’s use of the trailer on City property 6a. Page 4 City of South San Francisco Printed on 4/16/2018 January 10, 2018City Council Regular Meeting Agenda Report regarding a resolution authorizing the City Manager to approve a consulting services agreement with Biggs Cardosa Associates Inc., of San Jose, California for construction management and inspection services for the South Airport Bridge Replacement Project (Project No. st1301) in an amount not to exceed $560,411, for a total construction management budget of $616,452. (Sam Bautista, Principal Engineer) 7. Resolution authorizing the City Manager to approve a consulting services agreement with Biggs Cardosa Associates Inc., of San Jose, California for construction management and inspection services for the South Airport Bridge Replacement Project (Project No. st1301) in an amount not to exceed $560,411, for a total construction management budget of $616,452. 7a. Report regarding a resolution approving the Program Supplemental Agreement No. 026-F with the State of California for the Citywide Gap Closure - Haskins Sidewalk Project (Project No. st1402) in the amount of $356,982 and authorizing the City Manager to execute said agreement. (Sam Bautista, Principal Engineer) 8. Resolution approving the Program Supplemental Agreement No. 026-F with the State of California for the Citywide Gap Closure - Haskins Sidewalk Project (Project No. st1402) in the amount of $356,982 and authorizing the City Manager to execute said agreement. 8a. Report regarding resolution supporting the submission of an application for Measure A Pedestrian and Bicycle Program Funding for $600,000 for the South San Francisco Regional Bike Network Connectivity Project. (Sam Bautista, Principal Engineer) 9. Resolution supporting the submission of an application for Measure A Pedestrian and Bicycle Program Funding for $600,000 for the South San Francisco Regional Bike Network Connectivity Project. 9a. Report regarding a resolution awarding a construction contract to W. Bradley Electric, Inc. of Novato, California for the Grand Avenue and West Orange Avenue Pedestrian Crossing Improvements (Project No. st1706) in an amount not to exceed $341,100 and authorizing a total construction budget of $426,375. (Richard Cho, Sr. Civil Engineer) 10. Resolution awarding a construction contract to W. Bradley Electric, Inc. of Novato, California for the Grand Avenue and West Orange Avenue Pedestrian Crossing Improvements (Project No. st1706) in an amount not to exceed $341,100 and authorizing a total construction budget of $426,375. 10a. Page 5 City of South San Francisco Printed on 4/16/2018 January 10, 2018City Council Regular Meeting Agenda Report regarding a resolution awarding a construction contract to HM Construction of Hercules, California for the Magnolia Senior Center and Siebecker Preschool Parking Lot Resurfacing Project (Project No. pf1609) in an amount not to exceed $190,692, and authorizing a total construction budget of $247,900. (Patrick Caylao, Associate Civil Engineer) 11. Resolution awarding a construction contract to HM Construction of Hercules, California for the Magnolia Senior Center and Siebecker Preschool Parking Lot Resurfacing Project (Project No. pf1609) in an amount not to exceed $190,692, and authorizing a total construction budget of $247,900. 11a. Report regarding a resolution authorizing the submittal of an application of $3,030,451 for the 200 Linden Transit Oriented Development Project to the California State Department of Housing and Community Development for funding under the Infill Infrastructure Grant Program; the execution of a standard agreement if selected for such funding and any amendments thereto; and any related documents necessary to participate in the Infill Infrastructure Grant Program. (Julie Barnard, Economic Development Coordinator and Deborah Gill, Special Projects Manager) 12. Resolution authorizing the submittal of an application of $3,030,451 for the 200 Linden Transit Oriented Development Project to the California State Department of Housing and Community Development for funding under the Infill Infrastructure Grant Program; the execution of a standard agreement if selected for such funding and any amendments thereto; and any related documents necessary to participate in the Infill Infrastructure Grant Program. 12a. Report regarding a resolution awarding a construction contract to Spencon Construction, Inc. of Danville, California for the South San Francisco Gap Closure Project (Project No. st1402) in an amount not to exceed $194,205, and authorizing a total construction budget of $ 262,178. (Sam Bautista, Principal Engineer) 13. Resolution awarding a construction contract to Spencon Construction of Danville, California for the South San Francisco Gap Closure Project (Project No. st1402) in an amount not to exceed $194,205, and authorizing a total construction budget of $262,178. 13a. Report regarding resolution supporting the submission of an application for Measure A Pedestrian and Bicycle Program Funding for $400,000 for the Hickey/Junipero Serra Boulevards Safety and Connectivity Improvement Project. (Sam Bautista, Principal Engineer) 14. Resolution supporting the submission of an application for Measure A Pedestrian and Bicycle Program Funding for $400,000 for the Hickey/Junipero Serra Boulevards Safety and Connectivity Improvement Project. 14a. Page 6 City of South San Francisco Printed on 4/16/2018 January 10, 2018City Council Regular Meeting Agenda CONSENT CALENDAR Motion to approve the Minutes from the meetings of December 5, 2017 and December 13, 2017. 15. Motion confirming payment registers for January 10, 2018. (Richard Lee, Director of Finance) 16. Report regarding a resolution authorizing the acceptance of $34,594 in donations to support the Library’s Project Read program. (Valerie Sommer, Library Director) 17. Resolution authorizing the acceptance of $34,594 in donations to support the Library’s Project Read program. 17a. Report regarding a resolution authorizing the filing of a grant application of $20,000 for Community Development Block Grant funds allocated through the City of Daly City to support Project Read and authorizing the Director of Finance to approve Budget Amendment 18.019 upon receipt of grant award. (Valerie Sommer, Library Director) 18. Resolution authorizing the filing of a grant application of $20,000 for Community Development Block Grant funds allocated through the City of Daly City to support Project Read and authorizing the Director of Finance to approve Budget Amendment 18.019 upon receipt of grant award. 18a. Report regarding a resolution authorizing the acceptance of $5,000 in one-time grant funding from Quality Counts San Mateo County for the Big Lift Little Steps Preschool at the Community Learning Center, and amending the Parks and Recreation Department’s Fiscal Year 2017-18 Operating Budget pursuant to Budget Amendment #18.015. (Sharon Ranals, Director of Parks and Recreation) 19. Resolution authorizing the acceptance of $5,000 in one-time grant funding from Quality Counts San Mateo County for the Big Lift Little Steps Preschool at the Community Learning Center, and amending the Parks and Recreation Department’s Fiscal Year 2017-18 operating budget pursuant to Budget Amendment #18.015. 19a. Report regarding an ordinance amending the South San Francisco Zoning Ordinance, related to the El Camino Real/Chestnut Avenue Plan District, in accordance with South San Francisco Municipal Code Chapter 20.550. (Tony Rozzi, Principal Planner) 20. Ordinance amending the South San Francisco Zoning Ordinance, related to the El Camino Real/Chestnut Avenue Plan District, in accordance with South San Francisco Municipal Code Chapter 20.550. 20a. Page 7 City of South San Francisco Printed on 4/16/2018 January 10, 2018City Council Regular Meeting Agenda Report regarding a resolution authorizing the acceptance of $25,000 from the San Bruno Community Foundation to support Project Read’s Literacy Services through the Learning Wheels program and approving Budget Amendment 18.020. (Valerie Sommer, Library Director) 21. Resolution authorizing the acceptance of $25,000 from the San Bruno Community Foundation to support Project Read’s literacy services through the Learning Wheels program and approving Budget Amendment 18.020. 21a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS ADJOURNMENT Page 8 City of South San Francisco Printed on 4/16/2018 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1128 Agenda Date:1/10/2018 Version:1 Item #:1. Presentation by HIP Housing regarding its annual calendar contest and distribution. (Leila Parreras, HIP Housing) City of South San Francisco Printed on 1/4/2018Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1198 Agenda Date:1/10/2018 Version:1 Item #:2. Presentation by Get Us Moving San Mateo County regarding transportation needs and funding. (Cory Wolbach, Get Us Moving San Mateo County) City of South San Francisco Printed on 1/4/2018Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-755 Agenda Date:1/10/2018 Version:1 Item #:3. Presentation regarding online permitting implementation.(Phillip Perry, Chief Building Official) City of South San Francisco Printed on 1/4/2018Page 1 of 1 powered by Legistar™ UpdateonImplementationof OnlinePermitting South San Francisco City Council January 10, 2018 1 History •Ongoing, multi-departmental effort to use online technology to improve customer service •Mid-2016: Finance implements online Business License Renewal •Nov 2016: ECD Building & IT roll out pilot phase & testing for Online Permitting •March 2017: full implementation of Online Permitting. 2 OnlineBusinessLicenseRenewal •4,500 renewals annually •Automated system saves approximately 10 weeks of data entry and staff time •25% of payment transactions now online •Improvements to customer convenience & satisfaction 3 Over-the-Counter Permits account for 25% of permit applications Permit Types Other (Plans Required) Doors Water Heater Furnace Roof Window Bath Update Kitchen Update 4 Implementation •Functioning successfully since March 2017. •133 online permits issued to date. •All contractors with a SSF business license have access to online permitting. •Home owners canuse online permitting. •Next phase will merge digital submittal with online permitting. 5 BenefitsfromOnlinePermitting •Customer service & convenience •Reduces downtown trips •Allows customer to obtain over the counter permits 24x7x365 from their home or office •Increases staff productivity & efficiency. •Future capability for 100% paperless process using electronic plan review & submittal software 6 Thankyou! 7 8 9 10 11 12 13 14 15 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1223 Agenda Date:1/10/2018 Version:1 Item #:4. Report regarding ordinance amending Chapter 8.67 of the South San Francisco Municipal Code revising the method of calculation for the Parkland Acquisition Fee and a Parks Construction Fee for Non-Residential Developments.(Richard Lee, Director of Finance) RECOMMENDATION Staff recommends that the City Council hold a public hearing and take the following actions: 1.Introduce an Ordinance amending Chapter 8.67 of the South San Francisco Municipal Code revising the method of calculation for the Parkland Acquisition Fee and a Parks Construction Fee for Non-Residential Developments, and waive further reading. 2.Adopt a resolution affirming the Average Fair Market Value per Acre of Park Land,adjusting the Average Construction Cost per Acre of Park Land,and approving an Administrative Fee for the Park Land Acquisition and Parks Construction Fees. BACKGROUND/DISCUSSION In June 2017,the City Council adopted an ordinance amending Chapter 8.67 of the South San Francisco Municipal Code (SSFMC),which dealt with the Park Land Acquisition Fee and Parks Construction Fee.The primary purpose of the amendment was to 1)broaden the developments that were subject to the fees based on land use types, and (2) reduce the discount rate on the cost to acquire and develop an acre of park land. Based on the neighboring communities comparison information presented,the Council approved a discount rate of 30 percent for both the Park Land Acquisition Fee and the Parks Construction Fee.While the calculation of the park fees for residential land use was presented accurately,the calculation of park fees for non-residential land use was not.Based on the comprehensive comparison of impact fees that was presented to the Council,the park fees for a commercial/retail land use development should be $3,517 per 1,000 square feet.Accounting for correction of the park fee calculation,a discount rate of 75 percent is required to set the parks fees at the amounts previously presented. The accompanying ordinance amends the formula accordingly. In March of 2016,the City commissioned a report from Municipal Resources Group outlining the basis for the park fees and demonstrating the nexus between different types of development and the fees proposed to be charged.The report included detailed formulas that calculated the cost of acquiring and constructing new park facilities based on the impact generated by each particular type of development.The formulas in the study are based on a per acre land value of $3,000,000 and a cost per acre construction cost of $981,250.The formulas and analysis presented in the study were incorporated into Chapter 8.67,which was adopted by City Council in City of South San Francisco Printed on 1/4/2018Page 1 of 2 powered by Legistar™ File #:17-1223 Agenda Date:1/10/2018 Version:1 Item #:4. 2016. SSFMC Section 8.67.060 provides that the City Council can set and adjust the Fair Market Value per Acre and the Average Construction Cost per Acre for purposes of calculating the Parkland Acquisition and Park Construction Fees.Section 8.67.060(i)states that the City Council can adopt an annual adjustment based on the increase in the Engineering News Record Construction Cost Index (CCI).Staff recommends that the City Council adopt a resolution affirming the current $3,000,000 per acre figure as presented in the 2016 report and approving a 3.94 percent annual CCI adjustment for an updated construction cost per acre of $1,019,911. In addition,SSFMC Chapter 8.67.060 (f)permits the City to collect a reasonable administrative fee to cover the cost of administering the program.Staff conducted a time study,coupled with the fully burdened hourly rate from the recent fee study,and determined that an administrative fee of $700 was reasonable based on the required staff time. FISCAL IMPACT The amended ordinance has no financial impact.The City has not received any Park Land Acquisition or Parks Construction Fees to date.In order to ensure that the correct park fee rates are applied,the accompanying amended ordinance is applicable to any development applications that were submitted on or after August 27, 2017. CONCLUSION Adoption of the amended ordinance will correct calculation of the Park Land Acquisition and Parks Construction fees for non-residential developments.Adoption of the resolution will affirm the Fair Market Value per Acre as set by the 2016 study,adjust the Construction Cost per Acre by the CCI,and approve an Administrative Fee for the Park Land Acquisition Fee and Parks Construction Fee. City of South San Francisco Printed on 1/4/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1229 Agenda Date:1/10/2018 Version:1 Item #:4a. Resolution affirming Average Fair Market Value per Acre of Park Land,adjusting the Average Park Construction Cost per Acre,and establishing an Administrative Fee pursuant to Chapter 8.67 of the South San Francisco Municipal Code. WHEREAS,the City Council of the City of South San Francisco adopted Ordinance 1520-2016 in May 2016, which added Chapter 8.67 of the South San Francisco Municipal Code (SSFMC),requiring payment of a Park Land Acquisition Fee and a Parks Construction Fee to mitigate the impacts of new developments on park and recreation facilities in the City; and WHEREAS,the City Council amended SSFMC Chapter 8.67 in June 2017 to broaden the developments that were subject to the park fees to residential and non-residential and reduce the discount rate on the cost to acquire and develop an acre of park land; and WHEREAS,a study conducted in July 2015 determined that the weighted average value of land in South San Francisco was $3,000,000 per acre; and WHEREAS,a separate study conducted in March 2016 estimated the average hard and soft construction cost to be $981,250 per acre of park land; and WHEREAS,the City Council approved an increase of 3.94 percent in construction cost to $1,019,911 per acre as part of the update process in June 2017,based on the increase reflected in the Engineering Record New Construction Cost Index (CCI) for the San Francisco area between October 2015 and December 2016; and WHEREAS,SSFMC Chapter 8.67.060 (f)states that the City may collect a reasonable administrative fee to cover the cost of administering the program,as determined by the Finance Director,and approved by resolution of the City Council; and WHEREAS,the Finance Director has conducted a time study to determine,on average,the amount of staff time required to administer the park fees,and calculated the proposed Administrative Fee of $700,as illustrated in Exhibit A, attached herein. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby: City of South San Francisco Printed on 1/12/2018Page 1 of 2 powered by Legistar™ File #:17-1229 Agenda Date:1/10/2018 Version:1 Item #:4a. 1.Affirm the fair market value of land in the City of South San Francisco to be $3,000,000 per acre of park land, pursuant to SSFMC Chapter 8.67.060 (d); 2.Adjust the average construction cost in the City of South San Francisco to be $1,019,911 per acre of park land, pursuant to SSFMC Chapter 8.67.060 (e); and 3.Approve an Administrative Fee of $700 for the Park Land Acquisition Fee and Parks Construction Fee pursuant to SSFMC 8.67.060 (f). ***** City of South San Francisco Printed on 1/12/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Park Land Acquisition Fee / Parks Construction Fee Administrative Fee Calculation Department Time Increment FBHR Cost ECD Planning 1.00 163$ 163$ ECD Building 0.25 106$ 27$ Parks & Recreation 2.00 141$ 282$ Finance 2.00 114$ 228$ Proposed Administrative Fee 700$ EXHIBIT A City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1235 Agenda Date:1/10/2018 Version:1 Item #:4b. Ordinance amending Chapter 8.67 of the South San Francisco Municipal Code revising the method of calculation for the Parkland Acquisition Fee and a Parks Construction Fee for Non-Residential Developments. Refer to attachment. City of South San Francisco Printed on 1/12/2018Page 1 of 1 powered by Legistar™ ORDINANCE NO. ___________ CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE AMENDING CHAPTER 8.67 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE REVISING THE METHOD OF CALCULATION FOR THE PARKLAND ACQUISITION FEE AND A PARKS CONSTRUCTION FEE FOR NON-RESIDENTIAL DEVELOPMENTS ______________________________________________________ WHEREAS, parks and recreational facilities are vital to the health and welfare of a community; and WHEREAS, the City of South San Francisco (“City”) aims to provide sufficient levels of parks and recreational facilities for its residents; and WHEREAS, the City’s General Plan and Parks and Recreation Master Plan aim to provide three acres of parks and recreational facilities per 1,000 residents; and WHEREAS, the City General Plan and Parks and Recreation Master Plan also aim to provide one-half acres of parks and recreational facilities per 1,000 employees; and WHEREAS, Guiding Policy 5.1-G-1 of the City’s General Plan provides that the City should “[d]evelop additional parkland in the city, particularly in areas lacking these facilities, to meet the standards of required park acreage for new residents and employees;” and, WHEREAS, Implementing Policy 5.1-1-2 of the City’s General Plan provides that the City should “[m]aintain parkland standards of 3.0 acres of community and neighborhood parks per 1,000 new residents, and 0.5 acres of parkland per 1,000 new employees;” and WHEREAS, Goal #1 of the Parks and Recreation Master Plan provides that the City “should provide a minimum of 3 acres of developed park land per 1,000 residents and 0.5 acres of parkland per 1,000 new employees”; and WHEREAS, in 2016 the City contracted with the Municipal Resources Group (MRG) to analyze the relationship between new development in the City and the cost of public facilities to serve that growth and determined that there is a reasonable nexus between the proposed Parkland Acquisition Fee and Park Construction Fee and the types of new development that will be responsible for paying the fee (Park Land Acquisition and Park Construction Fees Report 2016, hereafter “Study” ); and WHEREAS, new non-residential development projects attract new employees to the city, which generates increased demand for parks and recreational facilities and impacts existing park service levels; and WHEREAS, the City may adopt and impose a parkland acquisition fee and a park construction fee to pay for the cost of acquiring and constructing park facilities needed to support new development under the authority of Sections 66000 et seq. of the California Government Code (“Mitigation Fee Act”); and WHEREAS, in accordance with Section 66019 of the Mitigation Fee Act, at least fourteen (14) days prior to the public hearing at which this Ordinance was introduced, notice of the time and place of the hearing was mailed to interested parties who filed written requests with the City for mailed notice of meetings on new or increased fees or service charges; and WHEREAS, ten (10) days advance notice of the public hearing at which this Ordinance was introduced was given by publication in accordance with Government Code Section 6062a; and WHEREAS, pursuant to the Mitigation Fee Act, the City seeks to adopt this Ordinance to mitigate the impacts caused by new development by providing for the payment of development impact fees necessary for the City to acquire property and construct parks and recreational facilities and to maintain desirable levels of parks and recreational facilities for new and existing residents and employees; and, WHEREAS, the action taken by this Ordinance has no potential for physical effects on the environment because it involves an adoption of certain fees and/or charges imposed by the City, does not commit the City to any specific project, and said fees and/or charges are applicable to future development projects and/or activities, each of which future projects and/or activities will be fully evaluated in full compliance with the California Environmental Quality Act (“CEQA”) when sufficient physical details regarding said projects and/or activities are available to permit meaningful CEQA review (See CEQA Guidelines, Section 15004(b)(1)). Therefore, approval of the fees and/or charges is not a “project” for purposes of CEQA, pursuant to CEQA Guidelines, Section 15378(b)(4); and, even if considered a “project” under CEQA, is exempt from CEQA review pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that approval of the updated fees and/or charges may have a significant effect on the environment. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1. Amendments The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. The City Council hereby amends Chapter 8.67 to the South San Francisco Municipal Code to read as follows with deletions shown in strikethrough and additions shown in double-underline. .Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. 8.67.060 Calculation of the parkland acquisition fee and park construction fee. (d) Parkland Acquisition Fee for Non-Residential Development. The Parkland Acquisition Fee for non-residential development shall be calculated by multiplying the total square feet of the development divided by 1,000, by the average number of employees per 1,000 square feet shown in Formula Table 8.67.060 (b) above, then by .0005 (equal to 0.5 acres per 1,000 employees), then by the average fair market value (FMV) per acre of land in the city, reduced by a factor of .30 .75. The average FMV per acre of land in the city shall be determined pursuant to subsection (f) below Formula 8.67.060 (d) Total square feet / 1,000 square feet X Average number of employees per 1,000 square feet X .0005 (0.5 acres per 1,000 employees) X Average FMV per acre of land X .70 .25 = Parkland Acquisition Fee for Non- Residential Development (e) Park Construction Fee for Non-Residential Development. The Park Construction Fee for non-residential development shall be calculated by multiplying the total square feet of the development divided by 1,000, by the average number of employees per 1,000 square feet shown in Formula Table 8.67.060 (b) above, then by .0005 (equal to 0.5 acres per 1,000 employees), then by the average construction cost per acre of land in the city, reduced by a factor of .30 .75. The average construction cost per acre of land in the city shall be determined pursuant to subsection (g) below. Formula 8.67.060 (e) Total square feet / 1,000 square feet X Average number of employees per 1,000 square feet X .0005 (0.5 acres per 1,000 employees) X Average Construction Cost per acre of land X .70 .25 = Park Construction Fee for Non- Residential Development SECTION 3. Publication and Effective Date Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk’s Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective sixty (60) days from and after its adoption. * * * * * Introduced at a regular meeting of the City Council of the City of South San Francisco held the 10th day of January, 2018. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the ____day of _________, 2018, by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this day of , 2018. Liza Normandy, Mayor 2904046.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1076 Agenda Date:1/10/2018 Version:1 Item #:5. Report regarding a resolution approving the purchase and installation of three sculptures:Windswept,by Brian F.Russell,purchase price of $18,000;Slices of Heaven by Craig Gray,purchase price of $16,000;and Popsicles by Craig Gray,purchase price of $16,000,and amending the Fiscal Year 2017-18 Parks and Recreation Department operating budget by $50,000 pursuant to Budget Amendment #18.016.(Sharon Ranals, Parks and Recreation Director) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the purchase and installation of three sculptures:Windswept,by Brian F.Russell,purchase price of $18,000,to be installed on Westborough Boulevard median west of the Highway 280 off ramp;Slices of Heaven by Craig Gray, purchase price of $16,000,to be installed on Tennis Drive at the east end of the Sculpture Garden at Orange Memorial Park;and Popsicles by Craig Gray,purchase price of $16,000,to be installed at the entrance to Centennial Way across from the South San Francisco BART Station,as recommended by the Cultural Arts Commission.In the event that unforeseen site constraints prevent the installation of any of these sculptures at the designated sites,it is recommended that staff be authorized to select alternative locations.It is further recommended that the Parks and Recreation Department operating budget be amended by $50,000 pursuant to Budget Amendment #18.016. BACKGROUND/DISCUSSION In March 2017,staff issued a nationwide call for sculpture entries that was generated and executed under the direction of the South San Francisco Cultural Arts Commission (“Commission”).By the May 10,2017 submission deadline,staff received thirty-one entries from seventeen artists.The Cultural Arts Commission’s Sculpture Subcommittee rated the entries and selected three sculptures and one alternate to recommend to the full Commission.Discussion of the Subcommittee’s recommended sculpture purchases took place at the Commission’s regular meetings on August 17,2017 and September 21,2017,at which times there were opportunities for public comment.At the regular September Commission meeting,the full Commission voted to accept the Subcommittee’s recommendations and forward them to the City Council for approval.Information about each of the sculptures is provided below. Photographs of each sculpture are available in Attachment 1. Title:Windswept Artist: Brian F. Russell (Arlington, Tennessee) Dimensions: 120” x 48” x 30” Medium: Aluminum alloy with durable, clear urethane lacquer coating City of South San Francisco Printed on 1/4/2018Page 1 of 3 powered by Legistar™ File #:17-1076 Agenda Date:1/10/2018 Version:1 Item #:5. Proposed location: Westborough Boulevard median, west of Highway 280 Purchase price: $18,000 Brian Russell is a professional sculptor working primarily in a dynamic abstract style.His preferred media are cast glass and forged and welded aluminum,bronze and steel.Mr.Russell’s works are exhibited in galleries nationally,including Ohio,North Carolina,New York,and Illinois,as well as internationally including China,Saudi Arabia and Qatar.Mr.Russell maintains an independent studio and sculpture garden near Arlington, Tennessee. Title:Slices of Heaven Artist: Craig Gray (Key West, Florida) Dimensions: 48” x 48” x 108” Medium: Stucco, steel, pressure-treated plywood Proposed location: Tennis Drive in Orange Memorial Park, at entrance to the Sculpture Garden Purchase price: $16,000 Slices of Heaven is one of two pieces the City hopes to purchase from Craig Gray.Mr.Gray is a sculptor of large scale public art works whose goal is to warm the creative soul and bring happiness to the heart. His works are inspired by roadside Americana which is disappearing from the landscape.Mr.Gray’s work installed in over 35 communities in the nation,including Tennessee,Mississippi,Virginia,Illinois, Wyoming, California, and Florida. Title:Popsicles Artist: Craig Gray (Key West, Florida) Dimensions: 60” x 60” x 108” Medium: Stucco, steel, pressure-treated plywood Proposed location: Entrance to Centennial Way across from the South San Francisco BART Station Purchase price: $16,000 Popsicles is the second of two pieces the City would like to purchase from Craig Gray. Staff have reviewed and spoken with the artists about each sculpture’s specifications,and believe that these sculptures are sufficiently durable for installation in the proposed locations.Installation can be completed competently by city staff members.In coordination with the artists,staff will contract with a structural engineer to confirm the size and specifications of the concrete footing and attachment method for each sculpture based on the sculpture weight and potential environmental conditions.As noted in each of the Art Purchase Agreements between the City and the artists,the artists are responsible for the cost of transportation of the art works to South San Francisco,and must be present at the time of installation.City staff will prepare the necessary pads, and will assist the artists with the installation. Significant consideration was given to where these sculptures should be located,ensuring that they would beCity of South San Francisco Printed on 1/4/2018Page 2 of 3 powered by Legistar™ File #:17-1076 Agenda Date:1/10/2018 Version:1 Item #:5. Significant consideration was given to where these sculptures should be located,ensuring that they would be very visible to the community;in a location that allows adequate clearance for pedestrians;and geographically distributed for the benefit of different areas of the community.Although staff have done due diligence in siting the pieces,there is always the possibility that a proposed location will present some logistical difficulty.In this event,staff will confer with the Cultural Arts Commission on an alternative location,and will inform the City Council of the new location prior to installation. Maintenance is required for all public art,which varies by piece depending upon the materials and age of the pieces,but at the very least includes periodic cleaning and touch-up.Staff is not aware of any extraordinary maintenance issues presented by these sculptures.The cost of installation and future maintenance can be absorbed in the Parks and Recreation Department’s operating budget. FUNDING During Fiscal Year (FY)2016-17 the City Council allocated $50,000 for the purchase of public art,which was the budget that the Cultural Arts Commission was working with when these three pieces were selected.Because the funds were part of the Parks and Recreation Department’s operating budget,and the purchases were not finalized by the end of the Fiscal Year,the funds reverted back to the general fund as an unspent surplus.Staff requests that if the purchase of the sculptures is approved,these funds be restored to the FY 2017-18 budget in accordance with Budget Amendment #18.016 in the amount of $50,000 to cover the cost of purchasing all three sculptures recommended by the Cultural Arts Commission.The Commission’s Public Art fund has sufficient funds to purchase materials to be used for the preparation of the sites and the installation of the sculptures. CONCLUSION It is recommended that the City Council approve a resolution authorizing the City to execute Art Purchase Agreements to purchase three sculptures:Windswept,by Brian F.Russell,purchase price of $18,000;Slices of Heaven by Craig Gray,purchase price of $16,000;and Popsicles by Craig Gray,purchase price of $16,000,and amending the FY 2017-18 Park and Recreation Department operating budget by $50,000 to cover the cost of purchasing all three sculptures recommended by the Cultural Arts Commission. Attachment: Sculpture Photos City of South San Francisco Printed on 1/4/2018Page 3 of 3 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1077 Agenda Date:1/10/2018 Version:1 Item #:5a. Resolution approving the purchase and installation of three sculptures:Windswept,by Brian F.Russell, purchase price of $18,000;Slices of Heaven by Craig Gray,purchase price of $16,000;and Popsicles by Craig Gray,purchase price of $16,000;and amending the Fiscal Year 2017-18 Parks and Recreation Department operating budget by $50,000 pursuant to Budget Amendment #18.016. WHEREAS,in March 2017,staff issued a nationwide Call for Entries for sculptures to be installed in various designated areas in South San Francisco; and WHEREAS,staff received thirty-one sculpture entries from seventeen artists by the May 10,2017 submission deadline; and WHEREAS,at the September 21,2017 regular meeting of the Cultural Arts Commission,the Commission voted in favor of recommending to City Council for approval the purchase of Windswept by Brian F.Russell for the purchase price of $18,000;Slices of Heaven by Craig Gray for the purchase price of $16,000;and Popsicles by Craig Gray for the purchase price of $16,000, hereinafter collectively referred to as “Artwork”; and WHEREAS,staff recommends that the Artwork be installed in the following locations,hereinafter collectively referred to as “Sites”:Windswept be installed on the Westborough Boulevard median west of the Highway 280 off ramp;Slices of Heaven be installed on Tennis Drive at the east end of the Sculpture Garden at Orange Memorial Park;and Popsicles be installed at a location yet to be determined;or if necessary due to unforeseen Site restrictions, installation at an alternative Site as recommended by the Cultural Arts Commission; and WHEREAS,staff recommends amending the Fiscal Year (FY)2017-18 Parks and Recreation Department operating budget by $50,000 pursuant to Budget Amendment #18.016 to cover the purchase of the Artwork. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the purchase of the Artwork and approves the Art Purchase Agreements for the purchase of the Artwork with the Artists,in a form substantially similar to the Art Purchase Agreements attached to this resolution as Exhibit A, Exhibit B, and Exhibit C. BE IT FURTHER RESOLVED that the City Council approves the Sites in which the Artwork are to be installed,or if necessary due to unforeseen Site restrictions,at an alternative Site as determined by the Cultural Arts Commission. City of South San Francisco Printed on 1/22/2018Page 1 of 2 powered by Legistar™ File #:17-1077 Agenda Date:1/10/2018 Version:1 Item #:5a. BE IT FURTHER RESOLVED that the City Council hereby amends the FY2017-18 Parks and Recreation Department operating budget by $50,000 pursuant to Budget Amendment #18.016 to cover the cost of the Artwork. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Manager is hereby authorized to execute the Art Purchase Agreements with the Artists,in a form substantially similar to the Art Purchase Agreements attached to this resolution as Exhibit A,Exhibit B,and Exhibit C,on behalf of the City of South San Francisco,subject to the 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 Printed on 1/22/2018Page 2 of 2 powered by Legistar™ 1 ART PURCHASE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND BRIAN F. RUSSELL THIS ART PURCHASE AGREEMENT (“Agreement”) is made at South San Francisco, California, as of January 11, 2018, by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and Brian F. Russell (“Artist”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. WHEREAS, the City of South San Francisco solicited proposals for a Work of public art; and B. WHEREAS, the Artist submitted a proposal for public art pursuant to the City’s request for proposals; and C. WHEREAS, the sculpture by Artist titled Windswept, (hereinafter called “Work”) is being offered by the Artist for $18,000; and D. WHEREAS, City and Artist now desire City to purchase the Work for a flat fee of $18,000. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Artist hereby agree as follows: ARTICLE I. SCOPE OF SERVICES A. GENERAL 1. Artist agrees to sell Work described in Exhibit A attached hereto and incorporated herein by reference, and City agrees to purchase Work from Artist. The specifications of the Work are as follows: a. Title: Windswept Dimensions: 120” x 48” x 30” Medium: Aluminum alloy with durable, clear graffiti-resistant urethane lacquer coating. 2. The permanent location for the Work (“Site”) will be determined by the City at a later date. 3. The Artist shall pay for actual, reasonable costs for transportation, meals, and lodging for the Artist representative while traveling to and from the City to assist with installation of the Work. Exhibit A - Page 1 2 4. Title of ownership of the Work shall pass to the City upon the execution of this Agreement. B. DELIVERY AND INSTALLATION 1. Work Delivery. Artist, at its sole cost and expense, shall deliver the Work to a location within the City, and at a date and time and in the manner coordinated with, and approved by the City. This includes, but is not limited to: packing, shipping, transportation and unloading of the Work at a pre-determined location. 2. The Artist shall work with the City in the development of the installation plan for the site selected by the City. 3. The City shall be responsible for all expenses, materials, labor and equipment to prepare the Site foundation footing for the timely installation of the Work. The City shall waive all permit fees, license fees, and sales taxes. The Artist shall deliver and supervise the installation of the completed Work at the Site. Cost of installation shall be paid for by the City which shall include the use of a boom truck and related equipment. Cost of delivery shall be paid for by the Artist. 4. The Artist shall coordinate with the City to prepare the Site for installation. The City shall use its best efforts to arrange to temporarily modify and/or barricade the Site so as to effectively secure the Site and protect the public during installation of the Work. 5. Attendance During Installation. Artist must be present at the Site during all City installation activities related to the Work. Artist shall reimburse City for any costs incurred in the event the Artist fails to be present during any installation or removal activities. Only upon issuance of a written and signed waiver by the City, can this requirement be waived. 6. In the installation and documentation of the Work, the Artist shall comply with all applicable federal, state and local laws, rules and regulations, including those pertaining to Worker’s Compensation insurance and employee liability insurance. 7. The Artist shall complete the installation of the Work by within seven months of the date of the deposit hereinafter described (hereinafter called ‘Installation Date”), or upon a mutually agreed upon date. C. POST-INSTALLATION 1. The Artist shall furnish the City with a full written narrative description of the Work. 2. The Artist shall provide to the City, written instructions for appropriate maintenance and preservation of the Work, including moving and reinstallation of the Work. 3. The City shall provide and install an identification plaque at the site of the Work, which shall include the following information: Exhibit A - Page 2 3 Title: Windswept Artist: Brian F. Russell Material: Aluminum alloy Date: 2016 D. FINAL ACCEPTANCE 1. The Artist shall notify the City in writing when all services required by the Artist under the Contract (including those described in Article I, Section C) have been completed. The Artist shall, prior to final acceptance, provide the City with such lien and/or claim releases with respect to the Work as the City may require. The Artist releases claim to the Work upon final acceptance. 2. The City shall notify the Artist in writing of its final acceptance of the Work. 3. Final acceptance shall be determined by the City in its sole and absolute discretion. Such acceptance shall constitute the City’s acknowledgement that the Work has been completed and installed according to the terms of this Contract. F. RISK OF LOSS 1. The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work and the materials relating hereto from loss or damage and to insure the Work and the materials relating thereto until final acceptance. 2. The Artist shall maintain appropriate insurance on the Work, insuring against potential risk of loss, including but not limited to transportation and installation, in an amount acceptable and approved by the City’s Risk Manager. The City shall be shown as an additional insured for general liability. ARTICLE II. COMPENSATION A. PAYMENT SCHEDULE 1. The City shall pay the Artist a fixed fee of $18,000, which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Contract. 2. The $18,000 fee shall be paid in the following phases with each installment except the Phase I installment to represent full and final payment for all services and materials provided for that phase: Exhibit A - Page 3 4 a. Phase 1 – One-half of the fee amounting to $9,000 upon execution of this Contract. b. Phase 2 – $9,000 upon final assembly of the sculptures. 3. For all other expenses for which the City is obligated, payment shall be made 30 days after receipt of written statement. B. FEE STATEMENTS In order to receive the payments described in clauses a. and b. above, the Artist shall submit an invoice to the City. ARTICLE III. TIME OF PERFORMANCE A. CITY DELAY If the Artist is delayed from installing the Work by the Installation Date as a result of action taken by the City, the City shall reimburse the Artist for actual transportation and storage costs incurred for the period between the Installation date and date on which the Site is available to permit installation of the work, if and only if, the transportation and storage cost are incurred as a direct result of the delay by the City. The City shall not be responsible for any transportation and storage costs that the Artist would have been required to pay in the absence of delay caused by the City. B. FORCE MAJEURE Except for the City’s obligations to make payments following the Payment Schedule neither party shall be considered in default in the performance of its obligations hereunder if such performance is prevented or delayed because of war, hostilities, revolution, civil commotion, strike, lock-out, epidemic, accident, fire, wind, catastrophic event or flood or because of any law, order, proclamation, regulation or ordinance of any government or of any subdivision thereof or because of any act of God or any other cause beyond the reasonable control of the party affected (“Force Majeure Event”); provided that the affected party shall have used its best efforts to avoid such condition and, provided further, that notice of such Force Majeure Event is given by the affected party to the other within five (5) days of said Force Majeure Event. Should one or both of the parties be prevented from fulfilling their contractual obligations because of a Force Majeure Event lasting continuously for a period of at least six (6) months, the parties shall consult with each other regarding the future implementation of this Agreement. The parties agree to use their best efforts to minimize any delays and/or losses, if any, resulting from such Force Majeure Event. C. ASSIGNMENT In the event of the serious illness or death of the Artist during the construction and/or the installation of the Work, his heirs, family and estate will in no way be responsible for the Exhibit A - Page 4 5 completion of the unfinished Work nor shall they be entitled to the compensation for uncompleted work due under this contract. ARTICLE IV. WARRANTIES A. WARRANTIES OF TITLE 1. The Artist represents and warrants that: a. The Work is solely the result of the artistic and creative efforts of the Artist; b. Except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any Copyright; and c. The Work is free and clear of all liens from any source whatsoever. 2. The warranties described in this Section A shall survive for so long as the City or any successor of City owns the Work. B. WARRANTIES OF QUALITY AND CONDITION 1. The Artist represents and warrants that: a. The Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects of “inherent vice” or qualities which may cause or accelerate deterioration of the Work; and b. Reasonable maintenance of the Work will not require procedures in excess of those described in Article I, Section C, subsection 2. 2. The warranties described in this Section shall survive for a period of one (1) year after final acceptance of the Work. The City shall give notice to the Artist of any observed breach of these warranties with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranties, which is curable and which cure is consistent with professional conservation standard (including, for example, cure by means of repair or re-fabrication of the Work). 3. The Artist shall not be responsible for any damage inflicted on the Work by third parties or outside forces, whether man-made or from natural causes, which exceed those that the design of the Work should reasonably tolerate. 4. After final acceptance of the Work by the City, the City shall hold the Artist harmless from any and all liability or personal injury to the public, except to the extent covered by the warranties of Article IV, Section B.1. Exhibit A - Page 5 6 ARTICLE V. OWNERSHIP OF WORK AND COPYRIGHT A. GENERAL The Artist retains Copyright in and to the work under the Copyright Act of 1976, 17 U.S.C., Section 101, et seq. The Artist reserves the right to produce similar Works at any size. The City shall first notify the Artist consistent with Section D herein as to identified location of the Work. If the Artist objects to the location, the only remedy available to the Artist is to request in writing that the City remove the identification plaque referred to in Article I, Section D, subsection 3 herein, and that the City not promote the Work as that of the Artist. Provided however, this provision in no way prohibits the City from truthfully responding to inquiries, oral and written, as to the name of the Artist. The Artist shall not unreasonably object to a change of location or alteration of the site. In the event of such a move, the City will preserve the Work as delivered by the Artist, allowing changes to the base as required by the new site, but no changes to the Work itself. The City agrees to consult with Artist in the event of such a move. B. IDENTITY OF ARTIST The Artist grants to the City and its assigns an irrevocable license to make two-dimensional reproductions of the Work for non-commercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other publications, provided that these rights are exercised in a tasteful and professional manner. All two-dimensional reproductions of the Work by the City shall contain a credit to the Artist substantially in the following form: Windswept By Brian F. Russell (2016) C. NOTICES All notices required herein shall be in writing and served upon the parties as follows: Brian F. Russell 10385 Long Rd. Arlington, TN 38002 901-210-8193 City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94083 (650) 829-3800 Exhibit A - Page 6 7 All notices required herein shall be deemed served when mailed by First Class Mail, Certified Mail, postage prepaid, to each party’s last known mailing address. It is the responsibility of each party to inform the other of a change in address. If notice cannot be served due to a change in address, which has not been served upon the other party, such party’s failure to notify shall be deemed a waiver of notice. ARTICLE VI. SUBSEQUENT EVENTS A. MAINTENANCE The City and the Artist recognize that maintenance of the Work on a regular basis is essential to the integrity of the Work. Therefore, the City shall assure regular maintenance according to the instructions supplied by the Artist as set forth herein under Article I, Section C.2 and may take action reasonably designed to protect the Work against vandalism. B. REPAIRS AND RESTORATION After final acceptance of the Work, the Artist may inspect the Work at his own expense and shall notify the City in writing as to the necessity of any repairs. The City may in its discretion consult with the Artist and make the noted repairs. All such consultations shall be without additional cost to the City. Beyond reasonable consultation to determine a course of corrective action, any action taken by the Artist at the request of the City will be subject to a cost to be decided in a new agreement between the parties. C. FUTURE MODIFICATION OR RELOCATION 1. City has the right to remove the Artwork from the Site at any time. In addition, in the event that any element of the Artwork constitutes a public safety hazard, City has the right to remove the element posing the public safety hazard. 2. Except to the extent permitted by subsection 1 above, City agrees not to intentionally modify the Artwork without first obtaining Artist’s written consent. 3. City shall have the right to dispose of the Work, in any manner that the City deems appropriate, at any time. Before exercising this right, City, by written notice to Artist at Artist’s last known address, agrees to give Artist the opportunity to purchase the Artwork for the greater of the Total Price or the amount of any offer which City has received for the purchase of the Artwork, plus all costs associated with the removal of the Artwork from the Site, clean-up of the Site and delivery to Artist. Artist shall have thirty (30) days from the date of City’s notice to exercise the option to purchase the Artwork. 4. Without limitation of City’s rights under this Agreement, it is City’s practice to notify and consult with the Artist before intentionally moving, relocating or removing artwork. If, after the initial discussion, Artist and City do not reach a mutually Exhibit A - Page 7 8 agreeable decision regarding relocation or modification of an Artwork, or do not agree upon compensation to Artist for providing Artist’s input on proposed relocation or modification, City may take such actions as City deems necessary in management of its Artwork, and no further agreement or compensation is due to Artist. Notwithstanding the foregoing, whether or not City notified or consulted with Artist, if City removes, relocates, or modifies the Artwork without Artist’s prior written consent, City shall not be liable to Artist for damages. Under such circumstances, if Artist objects to the modification or new location, then (i) City may restore the Artwork or replace the Artwork to its original location, or (ii) if the City does not restore the Artwork or to relocate the Artwork to the original location, Artist may request that Artist’s association with Artwork be severed. In either event, City shall have no further obligation or liability to Artist. 5. If City moves the Artwork from its originally installed location without Artist’s oversight, Artist shall not be held responsible for the structural integrity or safety of the Artwork to the extent that City’s action impaired the structural integrity or safety of the Artwork, nor shall Artist be held responsible for code compliance of the Artwork to the extent that City’s action rendered the Artwork non-compliant with applicable codes. 6. Artist’s rights under this Agreement cease with Artist’s death and do not extend to Artist’s heirs, successors or assigns. D. WAIVER OF RIGHTS The Artist understands and agrees that the provisions of this Article VI shall control over the provisions of 17 U.S.C. – 106A (a), known as the Visual Artist Rights Act of 1990 (“VARA”), and other laws granting the Artist any “moral rights” or similar rights as to the Work, and shall constitute a waiver by the Artist of any rights with the exception of copyright, in the Work set out in or otherwise granted by 17 U.S.C. – 106A (a) or in such other laws. ARTICLE VII. INDEPENDENT CONTRACTOR The Artist performs this contract as an independent contractor and not as an agent of an employee of the City. The Artist shall maintain control; furnish all supervision, labor, materials, equipment, supplies, other incidentals, as well as transportation, shipping and installation of the Work. ARTICLE VIII. ASSIGNMENT The work and services required of the Artist under this Contract are personal and shall not be assigned, sublet or transferred. However, the Artist shall be allowed to employ qualified personnel who shall work under the Artist’s supervision. Exhibit A - Page 8 9 ARTICLE IX. INDEMNIFICATION The Artist shall defend, release, indemnify and save and hold harmless the City against any and all damages to property or injuries to or death of any person or persons, and shall defend, release, indemnify and hold harmless the City from any and all claims, demands, suits, liabilities, actions, causes of actions, or legal or equitable proceedings of any kind or nature, including reasonable attorney’s fees incurred by legal counsel of the City’s choice, or by anyone whomsoever, in any way resulting from or arising out of the Artist’s activities in connection with this Contract, including acts of omissions of the Artist or persons acting under the Artist’s control. The City shall defend, release, indemnify and save and hold harmless the Artist against any and all damages to property or injuries to or death of any person or persons, and shall defend, release, indemnify and hold harmless the Artist from any and all claims, demands, suits, liabilities, actions, causes of actions, or legal or equitable proceedings of any kind or nature, including reasonable attorney’s fees incurred by legal counsel of the Artist's choice, or by anyone whomsoever, in any way resulting from or arising out of the City's activities in connection with this Contract, including acts of omissions of the City or persons acting under the City's control. ARTICLE X. TERMINATION & MEDIATION A. TERMINATION 1. If either the Artist or the City shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements or stipulations material to this Contract, the other party shall thereupon have the right to terminate this Contract by giving written notice to the defaulting party of its intent to terminate and specifying the grounds for termination. The defaulting party shall have thirty days (30) after receipt of the notice to cure the default. If the default is not cured within such time period, this Contract shall terminate. 2. In the event of a default by the City, the City shall promptly compensate the Artist pursuant to Article II for all services performed by the Artist prior to termination, and all finished and unfinished drawings, sketches, photographs and other work products prepared and submitted or prepared for submission by the Artist under this Contract shall at the City’s option become its property, provided that no right to fabricate or execute the Work shall pass to the City. 3. In the event of a default by the Artist, shall forfeit the right to any and all remaining payments due under this contract for which Work has not been completed as well as any and all copyrights reserved herein and any and all limited edition rights as defined herein. B. MEDIATION If, during the creation of the Work, its installation and subsequent existence, any disputes should arise between the Artist and the City, the parties hereto will mediate their Exhibit A - Page 9 10 disagreements and make every effort to affect a mutually satisfactory resolution of the disagreements including the appointment of an independent mediator reasonably acceptable to both parties. If unable to agree, a mediator shall be appointed by the court. Costs will be equally divided. ARTICLE XI. MODIFICATION No alteration, change or modification of the terms of this Contract shall be valid unless made in writing and signed by the parties hereto. ARTICLE XII. CONFLICT OF LAW Any provision of this Contract, which is hereafter found by a court of law or otherwise to be in conflict with the laws, rules, and/or regulations of the United States or the State of California shall be considered null and void. The valid provisions of this Contract shall be severed from the invalid provisions and remain in effect to the extent possible. The law of the State of California shall govern the interpretation of this contract. ARTICLE XIII. CHOICE OF LAW All conflicts, causes of actions and civil disputes shall be filed in the Superior Court. ARTICLE XIV. EFFECTIVE DATE The effective date of this Contract shall be the date of approval by all parties hereto. ARTICLE XV. COUNTERPARTS FOR SIGNATURE This contract may be executed in duplicate counterparts, each of which shall be deemed an original. Attest to: City of South San Francisco _____________________________ ______________________________ City Clerk City Manager (Corporate Seal) Attest to: _____________________________ Brian F. Russell Exhibit A - Page 10 Exhibit A Exhibit A - Page 11 Exhibit A Exhibit A - Page 12 Exhibit A Exhibit A - Page 13 Exhibit A Exhibit A - Page 14 Exhibit A Exhibit A - Page 15 Exhibit A Exhibit A - Page 16 1 ART PURCHASE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CRAIG GRAY THIS ART PURCHASE AGREEMENT (“Agreement”) is made at South San Francisco, California, as of January 11, 2018, by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and Craig Gray (“Artist”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. WHEREAS, the City of South San Francisco solicited proposals for a Work of public art; and B. WHEREAS, the Artist submitted a proposal for public art pursuant to the City’s request for proposals; and C. WHEREAS, the sculpture by Artist titled Slices of Heaven, (hereinafter called “Work”) is being offered by the Artist for $16,000; and D. WHEREAS, City and Artist now desire City to purchase the Work for a flat fee of $16,000. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Artist hereby agree as follows: ARTICLE I. SCOPE OF SERVICES A. GENERAL 1. Artist agrees to sell Work described in Exhibit A attached hereto and incorporated herein by reference, and City agrees to purchase Work from Artist. The specifications of the Work are as follows: a. Title: Slices of Heaven Dimensions: 48” x 48” x108” Medium: Stucco, steel, pressure-treated plywood 2. The permanent location for the Work (“Site”) will be determined by the City at a later date. 3. The Artist shall pay for actual, reasonable costs for transportation, meals, and lodging for the Artist representative while traveling to and from the City to assist with installation of the Work. Exhibit B - Slices of Heaven 2 4. Title of ownership of the Work shall pass to the City upon the execution of this Agreement. B. DELIVERY AND INSTALLATION 1. Work Delivery. Artist, at its sole cost and expense, shall deliver the Work to a location within the City, and at a date and time and in the manner coordinated with, and approved by the City. This includes, but is not limited to: packing, shipping, transportation and unloading of the Work at a pre-determined location. 2. The Artist shall work with the City in the development of the installation plan for the site selected by the City. 3. The City shall be responsible for all expenses, materials, labor and equipment to prepare the Site foundation footing for the timely installation of the Work. The City shall waive all permit fees, license fees, and sales taxes. The Artist shall deliver and supervise the installation of the completed Work at the Site. Cost of installation shall be paid for by the City which shall include the use of a boom truck and related equipment. Cost of delivery shall be paid for by the Artist. 4. The Artist shall coordinate with the City to prepare the Site for installation. The City shall use its best efforts to arrange to temporarily modify and/or barricade the Site so as to effectively secure the Site and protect the public during installation of the Work. 5. Attendance During Installation. Artist must be present at the Site during all City installation activities related to the Work. Artist shall reimburse City for any costs incurred in the event the Artist fails to be present during any installation or removal activities. Only upon issuance of a written and signed waiver by the City, can this requirement be waived. 6. In the installation and documentation of the Work, the Artist shall comply with all applicable federal, state and local laws, rules and regulations, including those pertaining to Worker’s Compensation insurance and employee liability insurance. 7. The Artist shall complete the installation of the Work by within seven months of the date of the deposit hereinafter described (hereinafter called ‘Installation Date”), or upon a mutually agreed upon date. C. POST-INSTALLATION 1. The Artist shall furnish the City with a full written narrative description of the Work. 2. The Artist shall provide to the City, written instructions for appropriate maintenance and preservation of the Work, including moving and reinstallation of the Work. 3. The City shall provide and install an identification plaque at the site of the Work, which shall include the following information: Exhibit B - Slices of Heaven 3 Title: Slices of Heaven Artist: Craig Gray Material: stucco, steel, plywood Date: 2017 D. FINAL ACCEPTANCE 1. The Artist shall notify the City in writing when all services required by the Artist under the Contract (including those described in Article I, Section C) have been completed. The Artist shall, prior to final acceptance, provide the City with such lien and/or claim releases with respect to the Work as the City may require. The Artist releases claim to the Work upon final acceptance. 2. The City shall notify the Artist in writing of its final acceptance of the Work. 3. Final acceptance shall be determined by the City in its sole and absolute discretion. Such acceptance shall constitute the City’s acknowledgement that the Work has been completed and installed according to the terms of this Contract. F. RISK OF LOSS 1. The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work and the materials relating hereto from loss or damage and to insure the Work and the materials relating thereto until final acceptance. 2. The Artist shall maintain appropriate insurance on the Work, insuring against potential risk of loss, including but not limited to transportation and installation, in an amount acceptable and approved by the City’s Risk Manager. The City shall be shown as an additional insured for general liability. ARTICLE II. COMPENSATION A. PAYMENT SCHEDULE 1. The City shall pay the Artist a fixed fee of $16,000, which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Contract. 2. The $16,000 fee shall be paid in the following phases with each installment except the Phase I installment to represent full and final payment for all services and materials provided for that phase: Exhibit B - Slices of Heaven 4 a. Phase 1 – One-half of the fee amounting to $8,000 upon execution of this Contract. b. Phase 2 – $8,000 upon final assembly of the sculptures. 3. For all other expenses for which the City is obligated, payment shall be made 30 days after receipt of written statement. B. FEE STATEMENTS In order to receive the payments described in clauses a. and b. above, the Artist shall submit an invoice to the City. ARTICLE III. TIME OF PERFORMANCE A. CITY DELAY If the Artist is delayed from installing the Work by the Installation Date as a result of action taken by the City, the City shall reimburse the Artist for actual transportation and storage costs incurred for the period between the Installation date and date on which the Site is available to permit installation of the work, if and only if, the transportation and storage cost are incurred as a direct result of the delay by the City. The City shall not be responsible for any transportation and storage costs that the Artist would have been required to pay in the absence of delay caused by the City. B. FORCE MAJEURE Except for the City’s obligations to make payments following the Payment Schedule neither party shall be considered in default in the performance of its obligations hereunder if such performance is prevented or delayed because of war, hostilities, revolution, civil commotion, strike, lock-out, epidemic, accident, fire, wind, catastrophic event or flood or because of any law, order, proclamation, regulation or ordinance of any government or of any subdivision thereof or because of any act of God or any other cause beyond the reasonable control of the party affected (“Force Majeure Event”); provided that the affected party shall have used its best efforts to avoid such condition and, provided further, that notice of such Force Majeure Event is given by the affected party to the other within five (5) days of said Force Majeure Event. Should one or both of the parties be prevented from fulfilling their contractual obligations because of a Force Majeure Event lasting continuously for a period of at least six (6) months, the parties shall consult with each other regarding the future implementation of this Agreement. The parties agree to use their best efforts to minimize any delays and/or losses, if any, resulting from such Force Majeure Event. C. ASSIGNMENT In the event of the serious illness or death of the Artist during the construction and/or the installation of the Work, his heirs, family and estate will in no way be responsible for the Exhibit B - Slices of Heaven 5 completion of the unfinished Work nor shall they be entitled to the compensation for uncompleted work due under this contract. ARTICLE IV. WARRANTIES A. WARRANTIES OF TITLE 1. The Artist represents and warrants that: a. The Work is solely the result of the artistic and creative efforts of the Artist; b. Except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any Copyright; and c. The Work is free and clear of all liens from any source whatsoever. 2. The warranties described in this Section A shall survive for so long as the City or any successor of City owns the Work. B. WARRANTIES OF QUALITY AND CONDITION 1. The Artist represents and warrants that: a. The Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects of “inherent vice” or qualities which may cause or accelerate deterioration of the Work; and b. Reasonable maintenance of the Work will not require procedures in excess of those described in Article I, Section C, subsection 2. 2. The warranties described in this Section shall survive for a period of one (1) year after final acceptance of the Work. The City shall give notice to the Artist of any observed breach of these warranties with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranties, which is curable and which cure is consistent with professional conservation standard (including, for example, cure by means of repair or re-fabrication of the Work). 3. The Artist shall not be responsible for any damage inflicted on the Work by third parties or outside forces, whether man-made or from natural causes, which exceed those that the design of the Work should reasonably tolerate. 4. After final acceptance of the Work by the City, the City shall hold the Artist harmless from any and all liability or personal injury to the public, except to the extent covered by the warranties of Article IV, Section B.1. Exhibit B - Slices of Heaven 6 ARTICLE V. OWNERSHIP OF WORK AND COPYRIGHT A. GENERAL The Artist retains Copyright in and to the work under the Copyright Act of 1976, 17 U.S.C., Section 101, et seq. The Artist reserves the right to produce similar Works at any size. The City shall first notify the Artist consistent with Section D herein as to identified location of the Work. If the Artist objects to the location, the only remedy available to the Artist is to request in writing that the City remove the identification plaque referred to in Article I, Section D, subsection 3 herein, and that the City not promote the Work as that of the Artist. Provided however, this provision in no way prohibits the City from truthfully responding to inquiries, oral and written, as to the name of the Artist. The Artist shall not unreasonably object to a change of location or alteration of the site. In the event of such a move, the City will preserve the Work as delivered by the Artist, allowing changes to the base as required by the new site, but no changes to the Work itself. The City agrees to consult with Artist in the event of such a move. B. IDENTITY OF ARTIST The Artist grants to the City and its assigns an irrevocable license to make two-dimensional reproductions of the Work for non-commercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other publications, provided that these rights are exercised in a tasteful and professional manner. All two-dimensional reproductions of the Work by the City shall contain a credit to the Artist substantially in the following form: Slices of Heaven By Craig Gray (2017) C. NOTICES All notices required herein shall be in writing and served upon the parties as follows: Craig Gray 102B Peary Court Key West, FL 33040 305-432-6856 City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94083 (650) 829-3800 Exhibit B - Slices of Heaven 7 All notices required herein shall be deemed served when mailed by First Class Mail, Certified Mail, postage prepaid, to each party’s last known mailing address. It is the responsibility of each party to inform the other of a change in address. If notice cannot be served due to a change in address, which has not been served upon the other party, such party’s failure to notify shall be deemed a waiver of notice. ARTICLE VI. SUBSEQUENT EVENTS A. MAINTENANCE The City and the Artist recognize that maintenance of the Work on a regular basis is essential to the integrity of the Work. Therefore, the City shall assure regular maintenance according to the instructions supplied by the Artist as set forth herein under Article I, Section C.2 and may take action reasonably designed to protect the Work against vandalism. B. REPAIRS AND RESTORATION After final acceptance of the Work, the Artist may inspect the Work at his own expense and shall notify the City in writing as to the necessity of any repairs. The City may in its discretion consult with the Artist and make the noted repairs. All such consultations shall be without additional cost to the City. Beyond reasonable consultation to determine a course of corrective action, any action taken by the Artist at the request of the City will be subject to a cost to be decided in a new agreement between the parties. C. FUTURE MODIFICATION OR RELOCATION 1. City has the right to remove the Artwork from the Site at any time. In addition, in the event that any element of the Artwork constitutes a public safety hazard, City has the right to remove the element posing the public safety hazard. 2. Except to the extent permitted by subsection 1 above, City agrees not to intentionally modify the Artwork without first obtaining Artist’s written consent. 3. City shall have the right to dispose of the Work, in any manner that the City deems appropriate, at any time. Before exercising this right, City, by written notice to Artist at Artist’s last known address, agrees to give Artist the opportunity to purchase the Artwork for the greater of the Total Price or the amount of any offer which City has received for the purchase of the Artwork, plus all costs associated with the removal of the Artwork from the Site, clean-up of the Site and delivery to Artist. Artist shall have thirty (30) days from the date of City’s notice to exercise the option to purchase the Artwork. 4. Without limitation of City’s rights under this Agreement, it is City’s practice to notify and consult with the Artist before intentionally moving, relocating or removing artwork. If, after the initial discussion, Artist and City do not reach a mutually agreeable decision regarding relocation or modification of an Artwork, or do not Exhibit B - Slices of Heaven 8 agree upon compensation to Artist for providing Artist’s input on proposed relocation or modification, City may take such actions as City deems necessary in management of its Artwork, and no further agreement or compensation is due to Artist. Notwithstanding the foregoing, whether or not City notified or consulted with Artist, if City removes, relocates, or modifies the Artwork without Artist’s prior written consent, City shall not be liable to Artist for damages. Under such circumstances, if Artist objects to the modification or new location, then (i) City may restore the Artwork or replace the Artwork to its original location, or (ii) if the City does not restore the Artwork or to relocate the Artwork to the original location, Artist may request that Artist’s association with Artwork be severed. In either event, City shall have no further obligation or liability to Artist. 5. If City moves the Artwork from its originally installed location without Artist’s oversight, Artist shall not be held responsible for the structural integrity or safety of the Artwork to the extent that City’s action impaired the structural integrity or safety of the Artwork, nor shall Artist be held responsible for code compliance of the Artwork to the extent that City’s action rendered the Artwork non-compliant with applicable codes. 6. Artist’s rights under this Agreement cease with Artist’s death and do not extend to Artist’s heirs, successors or assigns. D. WAIVER OF RIGHTS The Artist understands and agrees that the provisions of this Article VI shall control over the provisions of 17 U.S.C. – 106A (a), known as the Visual Artist Rights Act of 1990 (“VARA”), and other laws granting the Artist any “moral rights” or similar rights as to the Work, and shall constitute a waiver by the Artist of any rights with the exception of copyright, in the Work set out in or otherwise granted by 17 U.S.C. – 106A (a) or in such other laws. ARTICLE VII. INDEPENDENT CONTRACTOR The Artist performs this contract as an independent contractor and not as an agent of an employee of the City. The Artist shall maintain control; furnish all supervision, labor, materials, equipment, supplies, other incidentals, as well as transportation, shipping and installation of the Work. ARTICLE VIII. ASSIGNMENT The work and services required of the Artist under this Contract are personal and shall not be assigned, sublet or transferred. However, the Artist shall be allowed to employ qualified personnel who shall work under the Artist’s supervision. Exhibit B - Slices of Heaven 9 ARTICLE IX. INDEMNIFICATION The Artist shall defend, release, indemnify and save and hold harmless the City against any and all damages to property or injuries to or death of any person or persons, and shall defend, release, indemnify and hold harmless the City from any and all claims, demands, suits, liabilities, actions, causes of actions, or legal or equitable proceedings of any kind or nature, including reasonable attorney’s fees incurred by legal counsel of the City’s choice, or by anyone whomsoever, in any way resulting from or arising out of the Artist’s activities in connection with this Contract, including acts of omissions of the Artist or persons acting under the Artist’s control. The City shall defend, release, indemnify and save and hold harmless the Artist against any and all damages to property or injuries to or death of any person or persons, and shall defend, release, indemnify and hold harmless the Artist from any and all claims, demands, suits, liabilities, actions, causes of actions, or legal or equitable proceedings of any kind or nature, including reasonable attorney’s fees incurred by legal counsel of the Artist's choice, or by anyone whomsoever, in any way resulting from or arising out of the City's activities in connection with this Contract, including acts of omissions of the City or persons acting under the City's control. ARTICLE X. TERMINATION & MEDIATION A. TERMINATION 1. If either the Artist or the City shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements or stipulations material to this Contract, the other party shall thereupon have the right to terminate this Contract by giving written notice to the defaulting party of its intent to terminate and specifying the grounds for termination. The defaulting party shall have thirty days (30) after receipt of the notice to cure the default. If the default is not cured within such time period, this Contract shall terminate. 2. In the event of a default by the City, the City shall promptly compensate the Artist pursuant to Article II for all services performed by the Artist prior to termination, and all finished and unfinished drawings, sketches, photographs and other work products prepared and submitted or prepared for submission by the Artist under this Contract shall at the City’s option become its property, provided that no right to fabricate or execute the Work shall pass to the City. 3. In the event of a default by the Artist, shall forfeit the right to any and all remaining payments due under this contract for which Work has not been completed as well as any and all copyrights reserved herein and any and all limited edition rights as defined herein. B. MEDIATION If, during the creation of the Work, its installation and subsequent existence, any disputes should arise between the Artist and the City, the parties hereto will mediate their Exhibit B - Slices of Heaven 10 disagreements and make every effort to affect a mutually satisfactory resolution of the disagreements including the appointment of an independent mediator reasonably acceptable to both parties. If unable to agree, a mediator shall be appointed by the court. Costs will be equally divided. ARTICLE XI. MODIFICATION No alteration, change or modification of the terms of this Contract shall be valid unless made in writing and signed by the parties hereto. ARTICLE XII. CONFLICT OF LAW Any provision of this Contract, which is hereafter found by a court of law or otherwise to be in conflict with the laws, rules, and/or regulations of the United States or the State of California shall be considered null and void. The valid provisions of this Contract shall be severed from the invalid provisions and remain in effect to the extent possible. The law of the State of California shall govern the interpretation of this contract. ARTICLE XIII. CHOICE OF LAW All conflicts, causes of actions and civil disputes shall be filed in the Superior Court. ARTICLE XIV. EFFECTIVE DATE The effective date of this Contract shall be the date of approval by all parties hereto. ARTICLE XV. COUNTERPARTS FOR SIGNATURE This contract may be executed in duplicate counterparts, each of which shall be deemed an original. Attest to: City of South San Francisco _____________________________ ______________________________ City Clerk City Manager (Corporate Seal) Attest to: _____________________________ Craig Gray Exhibit B - Slices of Heaven Exhibit A Exhibit B - Slices of Heaven Exhibit A Exhibit B - Slices of Heaven Exhibit A Exhibit B - Slices of Heaven Exhibit A Exhibit B - Slices of Heaven Exhibit A Exhibit B - Slices of Heaven Exhibit A Exhibit B - Slices of Heaven Exhibit A Exhibit B - Slices of Heaven Exhibit A Exhibit B - Slices of Heaven Exhibit A Exhibit B - Slices of Heaven 1 ART PURCHASE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND CRAIG GRAY THIS ART PURCHASE AGREEMENT (“Agreement”) is made at South San Francisco, California, as of January 11, 2018, by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and Craig Gray (“Artist”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A.WHEREAS, the City of South San Francisco solicited proposals for a Work of public art; and B.WHEREAS, the Artist submitted a proposal for public art pursuant to the City’s request for proposals; and C.WHEREAS, the sculpture by Artist titled Popsicles, (hereinafter called “Work”) is being offered by the Artist for $16,000; and D.WHEREAS, City and Artist now desire City to purchase the Work for a flat fee of $16,000. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Artist hereby agree as follows: ARTICLE I. SCOPE OF SERVICES A.GENERAL 1.Artist agrees to sell Work described in Exhibit A attached hereto and incorporated herein by reference, and City agrees to purchase Work from Artist. The specifications of the Work are as follows: a.Title: Popsicles Dimensions: 60” x 60” x108” Medium: Stucco, steel, pressure-treated plywood 2.The permanent location for the Work (“Site”) will be determined by the City at a later date. 3.The Artist shall pay for actual, reasonable costs for transportation, meals, and lodging for the Artist representative while traveling to and from the City to assist with installation of the Work. Exhibit C - Popsicles 2 4.Title of ownership of the Work shall pass to the City upon the execution of this Agreement. B.DELIVERY AND INSTALLATION 1.Work Delivery. Artist, at its sole cost and expense, shall deliver the Work to a location within the City, and at a date and time and in the manner coordinated with, and approved by the City. This includes, but is not limited to: packing, shipping, transportation and unloading of the Work at a pre-determined location. 2.The Artist shall work with the City in the development of the installation plan for the site selected by the City. 3.The City shall be responsible for all expenses, materials, labor and equipment to prepare the Site foundation footing for the timely installation of the Work. The City shall waive all permit fees, license fees, and sales taxes. The Artist shall deliver and supervise the installation of the completed Work at the Site. Cost of installation shall be paid for by the City which shall include the use of a boom truck and related equipment. Cost of delivery shall be paid for by the Artist. 4.The Artist shall coordinate with the City to prepare the Site for installation. The City shall use its best efforts to arrange to temporarily modify and/or barricade the Site so as to effectively secure the Site and protect the public during installation of the Work. 5.Attendance During Installation. Artist must be present at the Site during all City installation activities related to the Work. Artist shall reimburse City for any costs incurred in the event the Artist fails to be present during any installation or removal activities. Only upon issuance of a written and signed waiver by the City, can this requirement be waived. 6.In the installation and documentation of the Work, the Artist shall comply with all applicable federal, state and local laws, rules and regulations, including those pertaining to Worker’s Compensation insurance and employee liability insurance. 7.The Artist shall complete the installation of the Work by within seven months of the date of the deposit hereinafter described (hereinafter called ‘Installation Date”), or upon a mutually agreed upon date. C.POST-INSTALLATION 1.The Artist shall furnish the City with a full written narrative description of the Work. 2.The Artist shall provide to the City, written instructions for appropriate maintenance and preservation of the Work, including moving and reinstallation of the Work. 3.The City shall provide and install an identification plaque at the site of the Work, which shall include the following information: Exhibit C - Popsicles 3 Title: Popsicles Artist: Craig Gray Material: stucco, steel, plywood Date: 2016 D.FINAL ACCEPTANCE 1.The Artist shall notify the City in writing when all services required by the Artist under the Contract (including those described in Article I, Section C) have been completed. The Artist shall, prior to final acceptance, provide the City with such lien and/or claim releases with respect to the Work as the City may require. The Artist releases claim to the Work upon final acceptance. 2.The City shall notify the Artist in writing of its final acceptance of the Work. 3.Final acceptance shall be determined by the City in its sole and absolute discretion. Such acceptance shall constitute the City’s acknowledgement that the Work has been completed and installed according to the terms of this Contract. F.RISK OF LOSS 1.The risk of loss or damage to the Work shall be borne by the Artist until final acceptance, and the Artist shall take such measures as are necessary to protect the Work and the materials relating hereto from loss or damage and to insure the Work and the materials relating thereto until final acceptance. 2.The Artist shall maintain appropriate insurance on the Work, insuring against potential risk of loss, including but not limited to transportation and installation, in an amount acceptable and approved by the City’s Risk Manager. The City shall be shown as an additional insured for general liability. ARTICLE II. COMPENSATION A.PAYMENT SCHEDULE 1.The City shall pay the Artist a fixed fee of $16,000, which shall constitute full compensation for all services and materials to be performed and furnished by the Artist under this Contract. 2.The $16,000 fee shall be paid in the following phases with each installment except the Phase I installment to represent full and final payment for all services and materials provided for that phase: Exhibit C - Popsicles 4 a.Phase 1 – One-half of the fee amounting to $8,000 upon execution of this Contract. b.Phase 2 – $8,000 upon final assembly of the sculptures. 3.For all other expenses for which the City is obligated, payment shall be made 30 days after receipt of written statement. B.FEE STATEMENTS In order to receive the payments described in clauses a. and b. above, the Artist shall submit an invoice to the City. ARTICLE III. TIME OF PERFORMANCE A.CITY DELAY If the Artist is delayed from installing the Work by the Installation Date as a result of action taken by the City, the City shall reimburse the Artist for actual transportation and storage costs incurred for the period between the Installation date and date on which the Site is available to permit installation of the work, if and only if, the transportation and storage cost are incurred as a direct result of the delay by the City. The City shall not be responsible for any transportation and storage costs that the Artist would have been required to pay in the absence of delay caused by the City. B.FORCE MAJEURE Except for the City’s obligations to make payments following the Payment Schedule neither party shall be considered in default in the performance of its obligations hereunder if such performance is prevented or delayed because of war, hostilities, revolution, civil commotion, strike, lock-out, epidemic, accident, fire, wind, catastrophic event or flood or because of any law, order, proclamation, regulation or ordinance of any government or of any subdivision thereof or because of any act of God or any other cause beyond the reasonable control of the party affected (“Force Majeure Event”); provided that the affected party shall have used its best efforts to avoid such condition and, provided further, that notice of such Force Majeure Event is given by the affected party to the other within five (5) days of said Force Majeure Event. Should one or both of the parties be prevented from fulfilling their contractual obligations because of a Force Majeure Event lasting continuously for a period of at least six (6)months, the parties shall consult with each other regarding the future implementation of this Agreement. The parties agree to use their best efforts to minimize any delays and/or losses, if any, resulting from such Force Majeure Event. C.ASSIGNMENT In the event of the serious illness or death of the Artist during the construction and/or the installation of the Work, his heirs, family and estate will in no way be responsible for the Exhibit C - Popsicles 5 completion of the unfinished Work nor shall they be entitled to the compensation for uncompleted work due under this contract. ARTICLE IV. WARRANTIES A.WARRANTIES OF TITLE 1.The Artist represents and warrants that: a.The Work is solely the result of the artistic and creative efforts of the Artist; b.Except as otherwise disclosed in writing to the City, the Work is unique and original and does not infringe upon any Copyright; and c.The Work is free and clear of all liens from any source whatsoever. 2.The warranties described in this Section A shall survive for so long as the City or any successor of City owns the Work. B.WARRANTIES OF QUALITY AND CONDITION 1.The Artist represents and warrants that: a.The Work, as fabricated and installed, will be free of defects in material and workmanship, including any defects of “inherent vice” or qualities which may cause or accelerate deterioration of the Work; and b.Reasonable maintenance of the Work will not require procedures in excess of those described in Article I, Section C, subsection 2. 2.The warranties described in this Section shall survive for a period of one (1) year after final acceptance of the Work. The City shall give notice to the Artist of any observed breach of these warranties with reasonable promptness. The Artist shall, at the request of the City, and at no cost to the City, cure reasonably and promptly the breach of any such warranties, which is curable and which cure is consistent with professional conservation standard (including, for example, cure by means of repair or re-fabrication of the Work). 3.The Artist shall not be responsible for any damage inflicted on the Work by third parties or outside forces, whether man-made or from natural causes, which exceed those that the design of the Work should reasonably tolerate. 4.After final acceptance of the Work by the City, the City shall hold the Artist harmless from any and all liability or personal injury to the public, except to the extent covered by the warranties of Article IV, Section B.1. Exhibit C - Popsicles 6 ARTICLE V. OWNERSHIP OF WORK AND COPYRIGHT A. GENERAL The Artist retains Copyright in and to the work under the Copyright Act of 1976, 17 U.S.C., Section 101, et seq. The Artist reserves the right to produce similar Works at any size. The City shall first notify the Artist consistent with Section D herein as to identified location of the Work. If the Artist objects to the location, the only remedy available to the Artist is to request in writing that the City remove the identification plaque referred to in Article I, Section D, subsection 3 herein, and that the City not promote the Work as that of the Artist. Provided however, this provision in no way prohibits the City from truthfully responding to inquiries, oral and written, as to the name of the Artist. The Artist shall not unreasonably object to a change of location or alteration of the site. In the event of such a move, the City will preserve the Work as delivered by the Artist, allowing changes to the base as required by the new site, but no changes to the Work itself. The City agrees to consult with Artist in the event of such a move. B. IDENTITY OF ARTIST The Artist grants to the City and its assigns an irrevocable license to make two-dimensional reproductions of the Work for non-commercial purposes, including but not limited to reproductions used in advertising, brochures, media publicity, and catalogues or other publications, provided that these rights are exercised in a tasteful and professional manner. All two-dimensional reproductions of the Work by the City shall contain a credit to the Artist substantially in the following form: Popsicles By Craig Gray (2016) C. NOTICES All notices required herein shall be in writing and served upon the parties as follows: Craig Gray 102B Peary Court Key West, FL 33040 305-432-6856 City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94083 (650) 829-3800 Exhibit C - Popsicles 7 All notices required herein shall be deemed served when mailed by First Class Mail, Certified Mail, postage prepaid, to each party’s last known mailing address. It is the responsibility of each party to inform the other of a change in address. If notice cannot be served due to a change in address, which has not been served upon the other party, such party’s failure to notify shall be deemed a waiver of notice. ARTICLE VI. SUBSEQUENT EVENTS A.MAINTENANCE The City and the Artist recognize that maintenance of the Work on a regular basis is essential to the integrity of the Work. Therefore, the City shall assure regular maintenance according to the instructions supplied by the Artist as set forth herein under Article I, Section C.2 and may take action reasonably designed to protect the Work against vandalism. B.REPAIRS AND RESTORATION After final acceptance of the Work, the Artist may inspect the Work at his own expense and shall notify the City in writing as to the necessity of any repairs. The City may in its discretion consult with the Artist and make the noted repairs. All such consultations shall be without additional cost to the City. Beyond reasonable consultation to determine a course of corrective action, any action taken by the Artist at the request of the City will be subject to a cost to be decided in a new agreement between the parties. C.FUTURE MODIFICATION OR RELOCATION 1.City has the right to remove the Artwork from the Site at any time. In addition, in the event that any element of the Artwork constitutes a public safety hazard, City has the right to remove the element posing the public safety hazard. 2.Except to the extent permitted by subsection 1 above, City agrees not to intentionally modify the Artwork without first obtaining Artist’s written consent. 3.City shall have the right to dispose of the Work, in any manner that the City deems appropriate, at any time. Before exercising this right, City, by written notice to Artist at Artist’s last known address, agrees to give Artist the opportunity to purchase the Artwork for the greater of the Total Price or the amount of any offer which City has received for the purchase of the Artwork, plus all costs associated with the removal of the Artwork from the Site, clean-up of the Site and delivery to Artist. Artist shall have thirty (30) days from the date of City’s notice to exercise the option to purchase the Artwork. 4.Without limitation of City’s rights under this Agreement, it is City’s practice to notify and consult with the Artist before intentionally moving, relocating or removing artwork. If, after the initial discussion, Artist and City do not reach a mutually agreeable decision regarding relocation or modification of an Artwork, or do not Exhibit C - Popsicles 8 agree upon compensation to Artist for providing Artist’s input on proposed relocation or modification, City may take such actions as City deems necessary in management of its Artwork, and no further agreement or compensation is due to Artist. Notwithstanding the foregoing, whether or not City notified or consulted with Artist, if City removes, relocates, or modifies the Artwork without Artist’s prior written consent, City shall not be liable to Artist for damages. Under such circumstances, if Artist objects to the modification or new location, then (i) City may restore the Artwork or replace the Artwork to its original location, or (ii) if the City does not restore the Artwork or to relocate the Artwork to the original location, Artist may request that Artist’s association with Artwork be severed. In either event, City shall have no further obligation or liability to Artist. 5. If City moves the Artwork from its originally installed location without Artist’s oversight, Artist shall not be held responsible for the structural integrity or safety of the Artwork to the extent that City’s action impaired the structural integrity or safety of the Artwork, nor shall Artist be held responsible for code compliance of the Artwork to the extent that City’s action rendered the Artwork non-compliant with applicable codes. 6. Artist’s rights under this Agreement cease with Artist’s death and do not extend to Artist’s heirs, successors or assigns. D. WAIVER OF RIGHTS The Artist understands and agrees that the provisions of this Article VI shall control over the provisions of 17 U.S.C. – 106A (a), known as the Visual Artist Rights Act of 1990 (“VARA”), and other laws granting the Artist any “moral rights” or similar rights as to the Work, and shall constitute a waiver by the Artist of any rights with the exception of copyright, in the Work set out in or otherwise granted by 17 U.S.C. – 106A (a) or in such other laws. ARTICLE VII. INDEPENDENT CONTRACTOR The Artist performs this contract as an independent contractor and not as an agent of an employee of the City. The Artist shall maintain control; furnish all supervision, labor, materials, equipment, supplies, other incidentals, as well as transportation, shipping and installation of the Work. ARTICLE VIII. ASSIGNMENT The work and services required of the Artist under this Contract are personal and shall not be assigned, sublet or transferred. However, the Artist shall be allowed to employ qualified personnel who shall work under the Artist’s supervision. Exhibit C - Popsicles 9 ARTICLE IX. INDEMNIFICATION The Artist shall defend, release, indemnify and save and hold harmless the City against any and all damages to property or injuries to or death of any person or persons, and shall defend, release, indemnify and hold harmless the City from any and all claims, demands, suits, liabilities, actions, causes of actions, or legal or equitable proceedings of any kind or nature, including reasonable attorney’s fees incurred by legal counsel of the City’s choice, or by anyone whomsoever, in any way resulting from or arising out of the Artist’s activities in connection with this Contract, including acts of omissions of the Artist or persons acting under the Artist’s control. The City shall defend, release, indemnify and save and hold harmless the Artist against any and all damages to property or injuries to or death of any person or persons, and shall defend, release, indemnify and hold harmless the Artist from any and all claims, demands, suits, liabilities, actions, causes of actions, or legal or equitable proceedings of any kind or nature, including reasonable attorney’s fees incurred by legal counsel of the Artist's choice, or by anyone whomsoever, in any way resulting from or arising out of the City's activities in connection with this Contract, including acts of omissions of the City or persons acting under the City's control. ARTICLE X. TERMINATION & MEDIATION A. TERMINATION 1. If either the Artist or the City shall willfully or negligently fail to fulfill in a timely and proper manner, or otherwise violate any of the covenants, agreements or stipulations material to this Contract, the other party shall thereupon have the right to terminate this Contract by giving written notice to the defaulting party of its intent to terminate and specifying the grounds for termination. The defaulting party shall have thirty days (30) after receipt of the notice to cure the default. If the default is not cured within such time period, this Contract shall terminate. 2. In the event of a default by the City, the City shall promptly compensate the Artist pursuant to Article II for all services performed by the Artist prior to termination, and all finished and unfinished drawings, sketches, photographs and other work products prepared and submitted or prepared for submission by the Artist under this Contract shall at the City’s option become its property, provided that no right to fabricate or execute the Work shall pass to the City. 3. In the event of a default by the Artist, shall forfeit the right to any and all remaining payments due under this contract for which Work has not been completed as well as any and all copyrights reserved herein and any and all limited edition rights as defined herein. B. MEDIATION If, during the creation of the Work, its installation and subsequent existence, any disputes should arise between the Artist and the City, the parties hereto will mediate their Exhibit C - Popsicles 10 disagreements and make every effort to affect a mutually satisfactory resolution of the disagreements including the appointment of an independent mediator reasonably acceptable to both parties. If unable to agree, a mediator shall be appointed by the court. Costs will be equally divided. ARTICLE XI. MODIFICATION No alteration, change or modification of the terms of this Contract shall be valid unless made in writing and signed by the parties hereto. ARTICLE XII. CONFLICT OF LAW Any provision of this Contract, which is hereafter found by a court of law or otherwise to be in conflict with the laws, rules, and/or regulations of the United States or the State of California shall be considered null and void. The valid provisions of this Contract shall be severed from the invalid provisions and remain in effect to the extent possible. The law of the State of California shall govern the interpretation of this contract. ARTICLE XIII. CHOICE OF LAW All conflicts, causes of actions and civil disputes shall be filed in the Superior Court. ARTICLE XIV. EFFECTIVE DATE The effective date of this Contract shall be the date of approval by all parties hereto. ARTICLE XV. COUNTERPARTS FOR SIGNATURE This contract may be executed in duplicate counterparts, each of which shall be deemed an original. Attest to: City of South San Francisco _____________________________ ______________________________ City Clerk City Mana ger (Corporate Seal) Attest to: _____________________________ Craig Gray Exhibit C - Popsicles Exhibit A Exhibit C - Popsicles Exhibit A Exhibit C - Popsicles Exhibit A Exhibit C - Popsicles Exhibit A Exhibit C - Popsicles Exhibit A Exhibit C - Popsicles Exhibit A Exhibit C - Popsicles Exhibit A Exhibit C - Popsicles Exhibit A Exhibit C - Popsicles Exhibit A Exhibit C - Popsicles City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1168 Agenda Date:1/10/2018 Version:1 Item #:6. Report regarding a resolution approving the transfer of ownership of a modular trailer installed at the bocce courts at Orange Memorial Park to the Italian American Citizens Club and executing a new Lease Agreement to define the terms and conditions for the the Italian American Citizens Club’s use of the trailer on City property. (Sharon Ranals, Parks and Recreation Director) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the transfer of ownership of a modular trailer installed at the bocce courts at Orange Memorial Park to the Italian American Citizens Club (IACC)and executing a new Lease Agreement with the IACC to define the terms and conditions for IACC’s use of the trailer on City property. BACKGROUND/DISCUSSION The city-owned trailer in the bocce ball area of Orange Memorial Park has significant water intrusion damage and continues to deteriorate.The Italian American Citizens Club (IACC),which is co-sponsored by the Parks and Recreation Department,currently has exclusive use of the trailer as a clubhouse for members.The IACC leadership has recently expressed a desire and willingness to make repairs to the trailer at their sole expense. Transfer of ownership of the trailer from the City to the IACC would allow the IACC to engage their own licensed contractor to undertake the repairs. History of IACC’s Use of the Trailer When the Corporation Yard was located at Orange Memorial Park,the office of the Parks Superintendent was located in a modular trailer.In 1997 when maintenance operations were relocated to a new facility at 550 N. Canal Street,the IACC was granted permission to move the surplus trailer to its current location for programming by the IACC.Ownership was not transferred to the IACC at that time;however,a Lease Agreement was executed in 1999 (see Attachment 1)in which the IACC agreed to contribute toward the cost of moving the trailer,pay utilities for the trailer,and provide custodial maintenance.The initial term of the agreement was five years, to renew automatically annually thereafter. As a “co-sponsored group”under the Parks and Recreation Department,the IACC is subject to certain conditions and benefits,such as the requirement that they retain a majority of members who are South San Francisco residents,carry insurance,maintain their non-profit status,and provide annual reports to the Parks and Recreation Commission.Co-sponsored groups are permitted to use City properties,such as sports fields or the swimming pool,at no or modest cost,for the purpose of providing valuable recreational services to the community.It should be noted that IACC volunteers perform the bulk of the maintenance of the bocce courts and surrounding area,which is a significant cost savings to the City.The IACC’s occupancy of the bocce courts City of South San Francisco Printed on 1/4/2018Page 1 of 3 powered by Legistar™ File #:17-1168 Agenda Date:1/10/2018 Version:1 Item #:6. also helps to positively activate the park. Agreements and Repairs to the Trailer The condition of the trailer has been deteriorating over a number of years;at this time,the condition is so poor that it is not being used by members.IACC has met with staff a number of times over the years to discuss this issue,seeking the approval to either make repairs or replace the trailer;however,until recently they had not made a decision to move forward with one option or the other. Several years ago,the IACC solicited quotes for both a refurbished trailer and a new trailer.At that time,the refurbished trailer quote was $52,599 and the new trailer quote was $65,461.The IACC has communicated that these prices have escalated significantly since they obtained the quotes,and the replacement costs now exceed their budget.The IACC is now seeking City approval to make repairs to the trailer,and has obtained an estimate from a licensed contractor for the scope of work described below: ·Remove the existing front section of the trailer,including siding,windows,doors,stairs,and landing area for access to work areas; ·Repair and/or replace any existing damaged insulation,framing and dry wall.Note:if water damage is present all items will be replaced; ·Install new siding to match existing; ·Install new flashing around windows, doors, and bottom areas of new siding; ·Install four new standard windows; ·Price is not to exceed $35,000 (but will be subject to the severity of damage found). Staff has determined that the trailer has no monetary or program value to the City and that the best course of action is to transfer ownership of the trailer to the IACC.The additional benefit of this transfer is that it will eliminate the future cost to the City of disconnecting the trailer from utilities,removing it from the site,and disposing of it.In order to complete the transfer of ownership,staff recommends that the City Council approve the concurrent execution of a Purchase and Sale Agreement,and a new Lease Agreement between the City and the IACC as provided by the corresponding resolution to this report.The purpose of these agreements are summarized below: 1.Purchase and Sale Agreement -Outlines the City’s agreement to sell and the IACC’s agreement to purchase the trailer located at the Orange Memorial Park bocce courts for $1.00. 2.Lease Agreement -Replaces the Lease Agreement between the City and the IACC executed in 1999; allows the IACC to lease the portion of land in which the trailer is located for $1.00 per year.The agreement also outlines the terms and conditions by which IACC may use and maintain the trailer while it is on City property. City of South San Francisco Printed on 1/4/2018Page 2 of 3 powered by Legistar™ File #:17-1168 Agenda Date:1/10/2018 Version:1 Item #:6. One item to note is that the original Lease Agreement specified that the IACC would pay utilities for the trailer;the relevant electric meter at the Park includes not only the trailer,but surrounding exterior park lights,which should not be the responsibility of the IACC.Since the cost of installing a new meter to isolate the trailer expenses was prohibitively expensive,the IACC has been paying 50 percent of the electricity bills. This practice has been formalized in the new Lease Agreement. Also,as a condition of continued occupancy,the Lease Agreement contains a provision that requires the IACC to have a contractor install an ADA ramp and railing so that the trailer will be accessible to members with disabilities.City staff will inspect the work of the contractor to ensure that it is done properly. The Purchase and Sale Agreement and the new Lease Agreement both include language indicating that the original Lease Agreement with the IACC becomes immediately terminated upon execution of the new agreements. FUNDING There is no direct financial impact on the City by transferring ownership of the trailer to the IACC.By formally releasing the City from any maintenance obligation for the trailer,there will be some potential savings in the future. CONCLUSION Staff recommends approval of a resolution authorizing the City Manager to enter into a Lease Agreement and a Purchase and Sale Agreement with the IACC that would transfer ownership of a modular trailer installed at the bocce courts at Orange Memorial Park to the IACC and define the terms for IACC’s use of the trailer and adjacent area. Attachments: 1.SSF-IACC Trailer Lease Agreement 1999 City of South San Francisco Printed on 1/4/2018Page 3 of 3 powered by Legistar™ Attachment 1 - Page 1 Attachment 1 - Page 2 Attachment 1 - Page 3 Attachment 1 - Page 4 Attachment 1 - Page 5 Attachment 1 - Page 6 Attachment 1 - Page 7 Attachment 1 - Page 8 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1169 Agenda Date:1/10/2018 Version:1 Item #:6a. Resolution approving the transfer of ownership of a modular trailer installed at the bocce courts at Orange Memorial Park to the Italian American Citizens Club and executing a new Lease Agreement to define the terms and conditions for the Italian American Citizens Club’s use of the trailer on City property WHEREAS,pursuant to a Lease Agreement between the City of South San Francisco (“City”)and the Italian American Citizens Club (IACC)dated January 29,1999 (“Original Lease”),IACC has leased a City-owned trailer (“Trailer”) located at the bocce courts at Orange Memorial Park; and WHEREAS,the Trailer has been used by IACC for club activities,including facilitation of the use of the bocce courts and related community activities; and WHEREAS,the condition of the Trailer has deteriorated such to such an extent that the cost of repair exceeds the worth of the Trailer and the Trailer has no value to the City; and WHEREAS,the City and IACC desire to transfer ownership of the Trailer from the City to the IACC for the purchase price of $1.00 by executing a Purchase and Sale Agreement,and sale of the Trailer serves a public purpose as the IACC is a City co-sponsored group,and IACC’s continued use of the Trailer for IACC activities will promote the public’s use and enjoyment of the bocce courts at Orange Memorial Park; and WHEREAS,the transfer of ownership necessitates a new Lease Agreement that defines the terms and conditions for IACC’s use of the trailer on City property; and WHEREAS,execution of the Purchase and Sale Agreement and the new Lease Agreement immediately terminates the Original Lease,notwithstanding any provision to the contrary that may be contained in the Original Lease. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the transfer of ownership of the Trailer to the IACC,and approves the Purchase and Sale Agreement to formalize the transfer of ownership and the new Lease Agreement that defines the terms and conditions for IACC’s use of the trailer on City property;in a form substantially similar to the Purchase and Sale Agreement and Lease Agreement attached to this resolution as Exhibit A and Exhibit B. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Manager is hereby authorized to execute the Purchase and Sale Agreement and Lease Agreement with the IACC,in a form substantially similar to the Purchase and Sale Agreement and Lease Agreement attached to this resolution as Exhibit A and Exhibit B,on behalf of the City of South San Francisco,subject to the approval as to form by the City of South San Francisco Printed on 1/4/2018Page 1 of 2 powered by Legistar™ File #:17-1169 Agenda Date:1/10/2018 Version:1 Item #:6a. Exhibit A and Exhibit B,on behalf of the City of South San Francisco,subject to the 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 Printed on 1/4/2018Page 2 of 2 powered by Legistar™ 1 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT (“this Agreement”) is made and entered into as of ________ (the “Effective Date”), by and between the City of South San Francisco, a municipal corporation (“City”), and South San Francisco Italian American Citizens Club, a non-profit organization (“IACC”). City and IACC are collectively referred to herein as the “Parties.” RECITALS A.Pursuant to a Lease Agreement between the Parties dated January 29,1999 (“Original Lease”), IACC has leased a City-owned trailer (“Trailer”) located at the bocce courts at Orange Memorial Park. B.The Trailer has been used by IACC for club activities, including facilitation of the use of bocce courts and related community activities. C.The condition of the trailer has deteriorated to such an extent that the cost of repair exceeds the worth of the Trailer and the Trailer has no value to the City. C.Pursuant to a separate Lease Agreement executed concurrently herewith, the Parties intend to terminate the Original Lease and the City intends to lease to IACC the portion of land at the bocce courts at Orange Memorial Park where the Trailer is currently located. D.The City now desires to sell and IACC intends to buy the Trailer located at Orange Memorial Park bocce courts. E.Sale of the Trailer serves a public purpose as the IACC is a City co-sponsored group, and the transfer to IACC and continued use of the Trailer for IACC activities will promote the public’s use and enjoyment of the park’s bocce courts. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements contained in this Agreement, and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by the parties, City and IACC hereby agree as follows: 1.INCORPORATION OF RECITALS AND EXHIBITS. The Recitals set forth above and the Exhibits attached to this Agreement are each incorporated into the body of this Agreement as if set forth in full. 2.PURCHASE AND SALE. 2.1. Agreement to Buy and Sell. Subject to the terms and conditions set forth herein, City agrees to sell the Trailer to IACC, and IACC hereby agrees to acquire the Trailer from Seller. 2.2. Purchase Price. The purchase price for the Trailer to be paid by Buyer to Seller is One Dollar ($1.00). Exhibit A - Page 1 2 2.3. Conveyance of Title. Upon payment of purchase price, City will deliver marketable title of the Trailer to IACC, clear of all title, interest and liability. City has not alienated, encumbered, transferred, mortgaged, assigned, pledged, or otherwise conveyed its interest in the Trailer, and there are no liens, encumbrances, mortgages, covenants, conditions, reservations, restrictions, or other matters affecting the Trailer. 2.4 No Guarantees or Warranties. The Trailer will be conveyed by City to IACC in an “as is” condition, with no warranty, express or implied, by City as to the Trailer’s fitness for a particular purpose or as to its physical condition including, but not limited to, the appearance, structural strength or the presence of known or unknown faults or hazardous conditions. 3.INDEMNIFICATION. To the fullest extent allowed by law, IACC shall indemnify, defend, and hold harmless the City, its officers, officials, directors, employees, and agents from and against any or all loss, liability, expense, claim, costs (including reasonable costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from this Agreement or the use of the Trailer. 4.ASSIGNMENT. Absent an express signed written agreement between the Parties to the contrary, neither City nor IACC may assign its rights or delegate its duties under this Agreement without the express written consent of the other, which consent may be withheld for any reason. No permitted assignment of any of the rights or obligations under this Agreement shall result in a novation or in any other way release the assignor from its obligations under this Agreement. 5.MISCELLANEOUS. 5.1. Attorneys’ Fees. In the event that either party to this Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this 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. 5.2. Interpretation. This Agreement has been negotiated at arm’s length and each party has been represented by independent legal counsel in this transaction and this Agreement has been reviewed and revised by counsel to each of the Parties. Accordingly, each party hereby waives any benefit under any rule of law (including Section 1654 of the California Civil Code) or legal decision that would require interpretation of any ambiguities in this Agreement against the drafting party. 5.3. Survival. All indemnities, covenants, representations and warranties contained in this Agreement shall survive after the sale has been completed. 5.4. Successors. Except as provided to the contrary in this Agreement, this Agreement shall be binding on and inure to the benefit of the Parties and their successors and assigns. 5.5. Governing Law. This Agreement shall be construed and interpreted in accordance with the laws of the State of California. Exhibit A - Page 2 3 5.6. Severability. If any term or provision of this Agreement is determined to be illegal, unenforceable, or invalid in whole or in part for any reason, such illegal, unenforceable, or invalid provisions or part thereof shall be stricken from this Agreement, any such provision shall not be affected by the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement is stricken in accordance with the provisions of this Section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision this is in keeping with the intent of the Parties as expressed herein. 5.7. Notices. Any delivery of this Agreement, notice, modification of this Agreement, collateral or additional agreement, demand, disclosure, request, consent, approval, waiver, declaration or other communication that either party desires or is required to give to the other party or any other person shall be in writing. Any such communication may be served personally, or by nationally recognized overnight delivery service (i.e., Federal Express) which provides a receipt of delivery, or sent by prepaid, first class mail, return receipt requested to the party’s address as set forth below: To IACC: Bill Green 803 Lomita Ave. Millbrae, CA 94030 To City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Any such communication shall be deemed effective upon personal delivery or on the date of first refusal to accept delivery as reflected on the receipt of delivery or return receipt, as applicable. Any party may change its address by notice to the other party. Each party shall make an ordinary, good faith effort to ensure that it will accept or receive notices that are given in accordance with this section and that any person to be given notice actually receives such notice. 5.8. Waivers. Any waiver by any party shall be in writing and shall not be construed as a continuing waiver. No waiver will be implied from any delay or failure to take action on account of any default by any party. Consent by any party to any act or omission by another party shall not be construed to be consent to any other subsequent act or omission or to waive the requirement for consent to be obtained in any future or other instance. 5.9. Signatures/Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Any one of such completely executed counterparts shall be sufficient proof of this Agreement. Exhibit A - Page 3 4 5.10. Date and Delivery of Agreement. Notwithstanding anything to the contrary contained in this Agreement, the parties intend that this Agreement shall be deemed effective, and delivered for all purposes under this Agreement, and for the calculation of any statutory time periods based on the date an agreement between parties is effective, executed, or delivered, as of the Effective Date. 5.11. Representation on Authority of Parties. Each person signing this Agreement represents and warrants that he or she is duly authorized and has legal capacity to execute and deliver this Agreement. Each party represents and warrants to the other that the execution and delivery of the Agreement and the performance of such party’s obligations hereunder have been duly authorized and that the Agreement is a valid and legal agreement binding on such party and enforceable in accordance with its terms. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above. CITY: CITY OF SOUTH SAN FRANCISCO, a California municipal corporation By: ____________________________ Mike Futrell City Manager IACC: Italian American Citizens Club, a nonprofit organization By: ____________________________ Name: __________________________ Title: ___________________________ ATTEST: By: ____________________________ Name: __________________________ Title: ___________________________ APPROVED AS TO FORM: By: ____________________________ City Attorney 2889649.1 Exhibit A - Page 4 1 LEASE AGREEMENT This LEASE AGREEMENT (“Lease”) is entered into as of ___________________, 2017, (“Effective Date”) by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation (“City”), and Italian American Citizens Club, a nonprofit organization (“IACC”), with reference to the Recitals set forth below. RECITALS A. City and IACC are parties to that certain Lease Agreement dated January 29, 1999 (“Original Lease”) pursuant to which the IACC leased a City-owned trailer located at the bocce courts at Orange Memorial Park. Upon execution of this Lease and the separate Purchase and Sale Agreement, the Original Lease shall immediately terminate, notwithstanding any provision to the contrary that may be contained in the Original Lease. B. Pursuant to a separate Purchase and Sale Agreement executed concurrently herewith, the City intends to sell and the IACC intends to buy the trailer located at the Orange Memorial Park bocce courts. C. Pursuant to this Agreement, the City intends to lease to IACC that portion of land at the bocce courts at Orange Memorial Park where the trailer is currently located as shown in more detail on the attached diagram in Exhibit A. LEASE AGREEMENT NOW, THEREFORE, in consideration of the foregoing Recitals, the mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and IACC hereby agree as follows: 1. LEASE OF PREMISES. City hereby leases to the IACC that portion of land located at the bocce courts at Orange Memorial Park where the trailer is currently located as depicted in more detail in the attached diagram in Exhibit A for one dollar ($1.00) per year. 2. TERM. The term of this Lease shall be for a period of five (5) years commencing upon the Effective Date of this Lease. 3. SALE OR DISPOSAL OF TRAILER. This Lease shall immediately terminate in the event that IACC sells or otherwise disposes of the trailer, unless otherwise agreed to by the parties. Upon termination of the Lease pursuant to this section, IACC must immediately vacate the City property, remove the trailer at its sole cost and expense, and make any repairs deemed necessary to restore the City property into an acceptable condition. 4. RAMP INSTALLATION. Within ninety (90) days of the Effective Date, IACC shall install a ramp at the entrance of the trailer and in compliance with requirements of the Americans with Disabilities Act of 1990 to provide access to the trailer. Upon completion of installation, IACC shall maintain the ramp in good working order; failure to install or maintain the ramp constitutes a breach and default by IACC under this Lease. Exhibit B - Page 1 2 5.TERMINATION. Except as provided in Section 3 above, either party may terminate this Lease at any time by providing ninety (90) days written notice to the other party. Upon termination, IACC, at IACC’s sole cost and expense, shall remove the trailer from City property, repair any damage caused by removal of the trailer, and make any other repairs deemed necessary to bring the City property into an acceptable condition. 6.USE OF PROPERTY. IACC shall use the trailer on City property only for IACC club activities. Gambling, unauthorized alcoholic beverage consumption, illegal activities and non-IACC activities are not permitted to take place on City property or at the trailer. Activities involving alcoholic beverage consumption may only take place with an effective permit issued in advance by the City’s Parks and Recreations Department. 7.UTILITIES. IACC shall be responsible for the payment of 50% of utilities.. 8.REPAIRS. IACC shall be responsible for making any repairs necessary to ensure that the trailer is safe and does not pose a danger to the public or users of the bocce courts. 9.MAINTENANCE. IACC shall maintain the trailer in a good and safe condition and ensure that the trailer does not create blight on City property, including maintenance of the trailer’s exterior painting and coating. 10.PAYMENT. IACC shall pay the City one dollar ($1) per year for use of the City property as a site for its trailer. 11.CO-SPONSORSHIP STATUS. IACC shall, at all times during the term of this Lease, comply with all conditions of City co-sponsorship such as to ensure activities are non-profit and group membership is open to the public, and shall maintain its status as a City co-sponsored group in accordance with all co-sponsorship requirements. Failure to maintain co-sponsorship status constitutes grounds for City to terminate this Lease. 12.INDEMNIFICATION. To the fullest extent permitted by law, IACC 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 (“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 IACC’s lease of the City property or failure to comply with this Lease, except such Liability caused by the sole negligence or willful misconduct of the City Indemnitees. IACC’s indemnification obligations set forth in this Section 12 shall survive the expiration or termination of this Agreement. 13.AMENDMENTS. This Lease may be amended from time to time upon mutual written agreement of both parties. 14.INSURANCE. Prior to the execution of the Lease and continuing throughout the term of this Lease, IACC shall, at IACC’s sole cost and expense, furnish the City with certificates of insurance evidencing that IACC has obtained and maintain 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. Exhibit B - Page 2 3 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 IACC’s insurance. If the IACC’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. The certificates shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation, termination or non-renewal of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation, termination or non-renewal. The City’s Risk Manager may waive or modify any of the insurance requirements of this section. 12.ASSIGNMENT. This Lease shall not be assigned or subleased without written consent of the other party. IACC shall not sublease or rent the premises subject to this Lease and the trailer to a third-party tenant without obtaining prior written consent from the City. 13.TERMINATION OF PRIOR LEASE. Upon execution of this Lease and the separate Purchase and Sale Agreement, the Original Lease shall immediately terminate, notwithstanding any provision to the contrary that may be contained in the Original Lease. IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date and year first above written. CITY: CITY OF SOUTH SAN FRANCISCO, a California municipal corporation By: ____________________________ Mike Futrell City Manager IACC: Italian American Citizens Club, a nonprofit organization By: ____________________________ Name: __________________________ Title: ___________________________ ATTEST: By: ____________________________ Name: __________________________ Title: ___________________________ APPROVED AS TO FORM: By: ____________________________ City Attorney 2889649.1 Exhibit B - Page 3 Exhibit A - Diagram of Premises Exhibit B - Page 4 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-765 Agenda Date:1/10/2018 Version:1 Item #:7. Report regarding a resolution authorizing the City Manager to approve a consulting services agreement with Biggs Cardosa Associates Inc.,of San Jose,California for construction management and inspection services for the South Airport Bridge Replacement Project (Project No.st1301)in an amount not to exceed $560,411,for a total construction management budget of $616,452.(Sam Bautista, Principal Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to approve a consulting services agreement with Biggs Cardosa Associates Inc.,of San Jose,California for construction management and inspection services for the South Airport Bridge Replacement Project (Project No.st1301)in an amount not to exceed $560,411 for a total construction management budget of $616,452. BACKGROUND/DISCUSSION The South Airport Boulevard Bridge at North Access Road and the I-380 Freeway on ramp needs to be replaced due to its deteriorated condition.The bridge was originally built on wood piles in 1949.In 1975,the bridge was widened on both sides with concrete piles supporting the new section.The inspection performed by Caltrans in May 2009 determined that the bridge’s weight bearing capacity must be reduced due to deterioration of the underlying wood piles. The South Airport Bridge Replacement Project (“Project”)shown in Attachment 1,will replace the bridge at North Access Road and I-380 on-ramp,crossing over the San Bruno Canal and connecting to the San Francisco Bay Trail.The bridge will be replaced in phases in order to maintain traffic on South Airport Boulevard,which is a major traffic artery near the San Francisco International Airport. The City with the assistance of The California Department of Transportation (Caltrans)has been successful in obtaining funding from the Federal Highway Administration (FHWA)for the Project’s new design and construction costs.Due to California Department of Fish &Wildlife regulations,work is limited in the creek and riparian zone from April 15 to October 31 each year.In order to maintain traffic on South Airport Boulevard,it is proposed that the bridge be replaced in three phases.Therefore,it is anticipated that the majority of bridge replacement will occur over two consecutive spring and summer seasons. Staff issued a Request for Proposals (RFP)through eBidboard for construction management services for the Project in June 2017.The consulting services agreement scope included:project construction administration and inspection;utility coordination;claim management;public outreach and post construction closet-out documentation to meet Caltrans requirements. City of South San Francisco Printed on 1/4/2018Page 1 of 3 powered by Legistar™ File #:17-765 Agenda Date:1/10/2018 Version:1 Item #:7. Responses to the RFP were received on August 17,2017,from four firms:K&B Construction Services,Inc., Caltrop/TRC Solutions,Zoon Engineering and Biggs Cardosa Associates,Inc.(Biggs Cardosa).After the review and scoring of the proposals,interviews were held with all four firms on November 8,2017.The interview panel consisted of members of City staff from the Public Works Department,including the Principal Engineer, two Senior Civil Engineers, an Associate Civil Engineer, and a WQCP Laboratory Supervisor. After the interviews,the presentations of the four firms were evaluated and scored by the selection panel using several criteria,which are listed in Attachment 2.Results from the scoring of proposals and interviews were tabulated and shown in Attachment 2.As indicated,the selection panel members concluded that Biggs Cardosa shown in Attachment 3,was the best qualified firm to provide the construction management and inspection services for this project,based on both proposal and interview.A similar example project is shown in Attachment 4.Selection of consulting services is not based on the lowest bidder,but on the firm’s expertise, experience and references. Biggs Cardosa has completed hundreds of local projects including several within the City.Biggs Cardosa worked directly with the City on several projects including Value Engineering for the Oyster Point Flyover, Hickey Boulevard Special Inspections,Old Fire Station #61,Municipal Services Building Seismic Evaluation and Retrofit and On-Call Testing Services on Capital Improvement Projects.Biggs Cardosa is currently on the City’s on call list for Structural Engineering services. As an industry standard,construction management and inspection services are approximately eight to ten percent of the construction cost of the project.When analyzing Biggs Cardosa’s proposal and fee schedule, their cost of construction management and inspection services is approximately 8.5 percent. Shown below is the project budget: Biggs Cardosa Associates Inc. Contract $560,411 Construction Management Contingency (10 percent)$56,041 Total Project Budget $616,452 The contingency will be utilized for any unforeseen conditions,such as additional testing,City initiated change orders,if the construction period is lengthened due to weather,or differing site conditions.Disadvantaged Business Enterprise (DBE)is required since federal funds are being utilized on this project.The City has established a DBE contract goal to 0.5 percent. FUNDING This project is included in the City of South San Francisco’s Fiscal Year 2017-18 Capital Improvement Program (Project No. st1301) and there are sufficient funds to execute the consultant services agreement. CONCLUSION Staff recommends approving an agreement with Biggs Cardosa Associates Inc.,based on their qualifications, City of South San Francisco Printed on 1/4/2018Page 2 of 3 powered by Legistar™ File #:17-765 Agenda Date:1/10/2018 Version:1 Item #:7. Staff recommends approving an agreement with Biggs Cardosa Associates Inc.,based on their qualifications, experience and project understanding.Approval of the consulting services agreement will allow Biggs Cardosa Associates Inc.to provide preconstruction services,construction management,value engineering, constructability review,traffic management coordination,public outreach,materials testing and post- construction services once the Project is under construction. Attachments: 1.Vicinity Map 2.Interview Evaluation Score Sheets 3.Biggs Cardosa Associates Inc. Profile and Project Team Sheet 4.Example Project Similar to the Subject Project City of South San Francisco Printed on 1/4/2018Page 3 of 3 powered by Legistar™ SOUTH AIRPORT BOULEVARD BRIDGE REPLACEMENT PROJECT S O U T H A I R P O R T B O U L E V A R D NORTH ACCESS ROAD U S - 1 0 1 B A Y S H O R E F R E E W A Y SAN FR A N C I S C O B A Y T R A I L SAN BR U N O C A N A L US 101/I-380 ON-RAMPS US 101/I-380 OFF-RAM P S SFO LO N G - T E R M PARKIN G G A R A G E SFO LONG-TERM PARKING GARAGE S F O BEACON STREET SAN FRANCISCO BAY TRAIL PROJECT LOCATION PROJECT VICINITY MAP SOUTH SAN FRANCISCO, CA Co n s t r u c t i o n  Ma n a g e m e n t  fo r  So u t h  Ai r p o r t  Bo u l e v a r d  Br i d g e  Re p l a c e m e n t  Pr o j e c t   Co n s u l t a n t  In t e r v i e w s Ra t i n g  Su m m a r y CR I T E R I A MA X   PO I N T S Rater 1 Rater 2 Rater 3 Rater 4 Rater 5 Total Rater 1 Rater 2 Rater 3 Rater 4 Rater 5 Total Rater 1 Rater 2 Rater 3 Rater 4 Rater 5 TotalRater 1 Rater 2 Rater 3 Rater 4 Rater 5 Total Un d e r s t a n d i n g  of  wo r k  to  be  do n e 25 2 4 2 4 2 4 2 2 2 5 1 1 9 2 1 2 3 2 3 2 2 2 4 1 1 3 1 8 1 7 2 2 2 0 2 0 9 7 2 3 2 3 2 4 2 2 2 4 1 1 6 Ex p e r i e n c e  wi t h  si m i l a r  ki n d s  of  wo r k 20 2 0 2 0 2 0 2 0 2 0 1 0 0 1 8 1 8 2 0 1 7 1 9 9 2 1 6 1 7 2 0 1 5 1 5 8 3 1 9 1 9 2 0 1 8 1 9 9 5 Qu a l i t y  of  st a f f  fo r  wo r k  to  be  do n e 15 1 4 1 4 1 4 1 3 1 5 7 0 1 3 1 4 1 3 1 2 1 3 6 5 1 0 1 3 1 2 1 1 1 2 5 8 1 4 1 5 1 4 1 3 1 4 7 0 Ca p a b i l i t y  of  de v e l o p i n g  in n o v a t i v e  or   ad v a n c e d  te c h n i q u e s 10 9 1 0 9 9 9 4 6 8 9 8 7 9 4 1 5 8 8 7 8 3 6 9 1 0 1 0 8 9 4 6 Fa m i l i a r i t y  wi t h  st a t e  an d  fe d e r a l   pr o c e d u r e s 10 9 1 0 1 0 1 0 1 0 4 9 8 7 1 0 8 9 4 2 8 8 9 8 8 4 1 9 1 0 1 0 9 1 0 4 8 Fi n a n c i a l  re s p o n s i b i l i t y 10 1 0 8 9 9 9 4 5 8 8 8 7 8 3 9 7 8 7 7 8 3 7 9 8 9 8 9 4 3 De m o n s t r a t e d  Te c h n i c a l  Ab i l i t y 10 1 0 1 0 1 0 9 1 0 4 9 9 9 8 8 9 4 3 8 8 8 7 8 3 9 9 9 9 8 9 4 4 To t a l 1 0 0 96 9 6 9 6 9 2 9 8 4 7 8 8 5 8 8 9 0 8 1 9 1 4 3 5 7 2 7 9 8 6 7 5 7 9 3 9 1 9 2 9 4 9 6 8 6 9 4 4 6 2 Bi g g s  Ca r d o s a  As s c .  In c C a l t r o p  / TR C  So l u t i o n s K & B  Co n s t r u c t i o n  Se r v i c e s Z o o n  Engineering Construction Management Services – South Airport Boulevard Bridge Replacement    Biggs Cardosa Firm Profile Biggs Cardosa Associates, Inc. is a California corporation that was established in 1986. Structural engineering, project management, construction management and inspection services for multi-disciplinary projects are provided from our five California offices located in San Jose, San Francisco, Oakland, Fresno and Orange. We specialize in the design, seismic retrofit, modification and rehabilitation of bridges and other transportation related structures for local and state agencies and Caltrans. Since our inception, Biggs Cardosa has been involved at various levels of construction management and inspection services on several billion dollars’ worth of construction for bridge-related projects throughout California. Biggs Cardosa is staffed with over 90 professional and technical personnel, which includes 53 registered Professional Engineers in the State of California including 15 registered Structural Engineers. With over 70 professional technical and administrative personnel in three local Bay Area offices, we have plenty of available staff to ensure that your project will be delivered in a timely fashion. Since our inception, Biggs Cardosa has been involved at various levels of construction management and inspection services for many important bridge replacement and other bridge-related projects throughout California. Biggs Cardosa’s experience in construction management and structural inspections for transportation projects includes all aspects of the construction oversight, including bridge inspections per the Caltrans Construction Records and Procedures Manual, materials inspection, sampling and testing by certified ACI, ICC and AWS engineer/inspectors as well as constructability reviews and value engineering during the project’s design phase. Our CM services include the full range of office engineering tasks such as submittal, RFI, and CCO processing, claims review, labor compliance documentation, contractor progress payment assessment, and schedule analysis, as well as permit monitoring, structural observation and inspection. A complete array of pre-construction, construction management & inspections, and post construction services are performed by our resident engineers, structural representatives, and construction inspectors. We perform construction management and bridge inspection services per standard Caltrans procedures using the Caltrans Construction Manual, Bridge Construction Records and Procedures Manual, Local Assistance Procedures Manual (LAPM) as well as all other Caltrans specialty manuals, guidelines and criteria. As a structural engineering firm that performs design and construction engineering, our inspectors come from an engineering background which enables them to have the engineering insight and knowledge to understand the importance and relevance of the elements being inspected and allows them the ability to identify potential problems in the field before they become a major issue. One of the unique strengths offered by our inspectors is their intimate knowledge of the structural design requirements and goals. As well as being proficient with Caltrans bridge inspection procedures and having multiple inspection certifications from ACI, ICC and AWS, our field inspectors are practiced structural engineers and maintain proficiency with structural design. Biggs Cardosa specializes in transportation projects for which bridges are a central component, especially bridge replacements and HBP-funded projects. Over the past 31 years, Biggs Cardosa has participated in the design and construction of over 100 HBP-funded or otherwise federally funded bridge projects. The Biggs Cardosa key personnel have led the design of dozens of HBP projects, many of them for bridges over rivers, canals, estuaries, and other bodies of water. These projects required approval from Caltrans, FHWA, Army Corps of Engineers, California Dept. of Fish and Wildlife, Regional Water Quality Control Boards, and local government agencies. With offices in San Jose, San Francisco, and Oakland, we have worked on numerous bridge projects in Caltrans District 4. Construction Management Services – South Airport Boulevard Bridge Replacement    Biggs Cardosa Team Organization Chart Construction Management Services – South Airport Boulevard Bridge Replacement    Biggs Cardosa Example Projects Embarcadero Bridge over Lake Merritt Channel (HBP) • Oakland, California Owner: City of Oakland Biggs Cardosa provided construction engineering services for the replacement of the Embarcadero Bridge over Lake Merritt Channel. The project consists of the removal and disposal of an existing 500-foot long bridge and construction of a new 535-foot long four span cast- in-place post-tensioned concrete box girder bridge that is supported on concrete columns with cast-in-drilled-hole concrete pile foundations within the channel. The project is estimated to be completed by the Fall of 2018. Biggs Cardosa will continue to provide bridge construction inspection, special inspection and materials testing to the construction completion of this project. Berryessa Creek at Montague Expressway • Milpitas, California Owner: County of Santa Clara Biggs Cardosa provided construction engineering services for the bridge replacement of Montague Expressway over Berryessa Creek, two new floodwalls, and nine retaining walls for the County of Santa Clara. The bridge replacement consisted of a 68-foot long by a 160-foot wide simple- span post tensioned cast-in- place concrete slab superstructure supported on diaphragm abutments and precast concrete driven piles at the abutments. The bridge was constructed in three stages to facilitate traffic operations along Montague Expressway and required extensive utility coordination for numerous utilities that were to be both relocated onto the bridge and protected in place. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-766 Agenda Date:1/10/2018 Version:1 Item #:7a. Resolution authorizing the City Manager to approve a consulting services agreement with Biggs Cardosa Associates Inc.,of San Jose,California for construction management and inspection services for the South Airport Bridge Replacement Project (Project No.st1301)in an amount not to exceed $560,411,for a total construction management budget of $616,452. WHEREAS,the South Airport Bridge Replacement Project (“Project”)will replace the bridge at North Access Road and I-380 on-ramp; and WHEREAS,the City with the assistance of The California Department of Transportation (Caltrans)has been successful in obtaining funding from the Federal Highway Administration (FHWA)for the Project’s new design and construction costs; and WHEREAS,staff issued a Request for Proposals (RFP)through eBidboard for construction management services for the Project in June 2017; and WHEREAS,responses to the RFP were received on August 17,2017,from four (4)firms:K&B Construction Services,Inc.,Caltrop/TRC Solutions,Zoon Engineering and Biggs Cardosa Associates,Inc.(“Biggs Cardosa”); and WHEREAS, interviews were held with all four firms on November 8, 2017; and WHEREAS,the interview panel consisted of members of City staff from the Public Works Department:Sam Bautista,Principal Engineer;Richard Cho,Senior Civil Engineer;Matt Ruble,Senior Civil Engineer;Patrick Caylao, Associate Civil Engineer and Abby Partin, Laboratory Supervisor; and WHEREAS,the selection panel members concluded that Biggs Cardosa was the best qualified firm to provide the construction management and inspection services for this project,based on both proposal and interview; and WHEREAS,Biggs Cardosa worked directly with the City on several projects including Value Engineering for the Oyster Point Flyover,Hickey Boulevard Special Inspections,Old Fire Station #61,Municipal Services Building Seismic Evaluation and Retrofit and On-Call Testing Services on Capital Improvement Projects; and WHEREAS,when analyzing Biggs Cardosa’s proposal and fee schedule,their cost of construction City of South San Francisco Printed on 1/11/2018Page 1 of 2 powered by Legistar™ File #:17-766 Agenda Date:1/10/2018 Version:1 Item #:7a. WHEREAS,when analyzing Biggs Cardosa’s proposal and fee schedule,their cost of construction management and inspection services is approximately 8.5 percent,which is within the industry standard range of 8 to 10 percent of construction costs. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves a consulting services agreement,attached herewith as Exhibit A,for construction management and inspection services for the South Airport Bridge Replacement Project (Project No.st1301)in an amount not to exceed $560,411 and authorizing a total construction management budget of $616,452 conditioned on Biggs Cardosa Associates Inc.’s timely execution of the consultant services agreement and submission of all required documents,including but not limited to,certificates of insurance and endorsements, in accordance with the Project documents. BE IT FURTHER RESOLVED that the City 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 agreements and any other related documents on behalf of the City upon timely submission by Biggs Cardosa Associates Inc.signed contract and all other documents, subject to approval by the City Attorney. ***** City of South San Francisco Printed on 1/11/2018Page 2 of 2 powered by Legistar™ CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND BIGGS CARDOSA ASSOCIATES, INC. THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and Biggs Cardosa Associates, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of December 13, 2017 (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 hereto and incorporated herein as Exhibit A, 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 December 31, 2019, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before 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 work 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 Five Hundred Sixty Thousand Four Hundred Eleven Dollars ($560,411), 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, or Consultant’s compensation schedule, attached as Exhibit B, 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 in writing, Consultant shall not bill City for duplicate services performed by more than one person. 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 all services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain all 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 each employee, agent, and subcontractor of Consultant performing services hereunder;  Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours within a twelve (12)-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.  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. Each invoice shall include all expenses and actives performed during the invoice period for which Consultant expects to receive payment. 2.3 Final Payment. City shall pay the five percent (5%) 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. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit B. 2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by this Agreement: mileage, parking, tolls, printing, out of area travel, conference calls, postage, express mail, and delivery. Reimbursable expenses shall not exceed five thousand dollars ($5,000). Expenses not listed above are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under Section 2 of this Agreement that shall not be exceeded. 2.7 Payment of Taxes; Tax Withholding. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Consultant must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit D. Unless Consultant provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Consultant as required by law. Consultant shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Consultant accepts sole responsibility for withholding taxes from any non-California resident subcontractor and shall submit written documentation of compliance with Consultant’s withholding duty to City upon request. 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 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. 2.10 False Claims Act. Presenting a false or fraudulent claim for payment, including a change order, is a violation of the California False Claims Act and may result in treble damages and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation. 2.11 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 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 Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant 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 Consultant to each worker. An error on the part of an awarding body does not relieve the Consultant 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 Consultant 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 Consultant. 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 Consultant 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. Each Consultant 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 Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.” Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. 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 proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work 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). Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 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 $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) 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 therefrom, 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 Insurance and Services Office form number GL 0404 covering Broad Form Comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition). 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: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability 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 AND 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: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (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 shall purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy 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 the City does not receive the required insurance documents prior to the Consultant beginning work, this 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 City’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 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. To the fullest extent permitted by law, Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, 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 (“Claims”), to the extent caused, directly or indirectly, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents. 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. 5.1 Insurance Not in Place of Indemnity. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 5.2 PERS Liability. 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. 5.3 Third Party Claims. With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees. 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 Not an 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 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 federal, state and local laws and regulations applicable to the performance of the work hereunder. Consultant’s failure to comply with such law(s) or regulation(s) shall constitute a breach of contract. 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. 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 whatsoever 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 thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of 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 Consultant to execute a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The 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. Section 9. KEEPING AND STATUS OF RECORDS. 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 confidential and will not be released to third parties without prior written consent of both Parties except as 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 ($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 Response to an Invitation to Bid or Request for Proposals. 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 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 of 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. 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 Sam Bautista ("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: Consultant Biggs Cardosa Associates, Inc. 865 The Alameda San Jose, CA 95126 City NOTICES INVOICES City Clerk Engineering City of South San Francisco City of South San Francisco 400 Grand Avenue 315 Maple Ave South San Francisco, CA 94080 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 the scope of work attached hereto and incorporated herein as Exhibits A, B, C, and D 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. Exhibit A Scope of Services Exhibit B Compensation Schedule Exhibit C Provisions Required For Public Works Contracts Exhibit D Form 590 10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 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. 10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties hereto with no intent to benefit any non-signatory third parties. [SIGNATURES ON FOLLOWING PAGE] The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO CONSULTANT ____________________________ ______________________________ Mike Futrell, City Manager Mahvash Harms, PE, SE Principal-in-Charge Attest: ____________________________ City Clerk Approved as to Form: ____________________________ City Attorney 2729964.1 EXHIBIT A SCOPE OF SERVICES CONSTRUCTION MANAGEMENT ITEM TASK 1 - Preconstruction Services 1.1 Plan & Specifications Review / Schedule Analysis / Budget Assessment  Prepare Project Manual  Review Construction Contract Documents and Develop List of Submittals  Review Proposed Project Schedule  Review Budget and Provide Cost Control Recommendations  Review Dispute Resolution Review / Caltrans Permit Dept. Coordination  SWPPP Review and Implementation 1.2 Bidding Assistance  Bidding Assistance - Bid Tabulations / Bid Analysis / Payment Schedules  Contract Award / Check Contractor References Licenses,Insurance and Sureties 1.3 Constructability Review, Claims Avoidance and Value Engineering  Perform Constructability Review  Develop Claims Avoidance / Value Engineering Recommendations 1.4 Traffic Management Coordination during Preconstruction  Analyze Project Traffic Management Plans (TMP)  Review Project Staging Plans & Propose Revisions 1.5 Public Outreach during Preconstruction and Preconstruction Meetings  Develop Stakeholders Database  Facilitate Public Meeting 1.6 Preconstruction Condition Survey  Perform Preconstruction Condition Survey TASK 2 - Construction Management Services (during construction) 2.1 Project Administration, Coordination and Correspondence  Establish Filing System and Document Control  Coordinate Partnering Sessions  Weekly Construction Meetings  Caltrans Permit Department Coordination During Construction  Coordination with City, Environmental Monitor, and Design Team  3rd Party Utility Coordination 2.2 Construction Schedule Analysis and Management  Monitoring Project Schedule During Construction  Coordination Schedule with Caltrans, City, and 3rd Parties 2.3 Payment Recommendations  Review Contractor's Monthly Schedule of Values  Analyze and Coordinate Monthly Progress Payments 2.4 Request for Information (RFI)  RFI Coordination and Responses (5 RFIs assumed) 2.5 Change Orders  Contract Change Order Coordination and Processing (3 CCO assumed) 2.6 Construction Observation / Inspection Services Construction Survey Control (OPTIONAL) Submittal Reviews Construction Inspections, Material Sampling and Testing / Construction Observation (Labor Compliance / Permits / Safety) Stage 1 Construction  Temporary K-Rail, Striping, and Signs  Median Demolition and Temporary HMA  Construct Curb Ramp at SE Corner of North Access Road Stage 2 Construction  Temporary Creek Diversion Installation  Water Quality Sampling and Testing  Traffic Striping, Pavement Markings, and Crash Cushion Installation  Temporary Signal Installation  Bridge Demolition  Abutment Shoring Installation  Steel Pile Installation (Including Pile Splicing)  Abutment Diaphragm Construction  Bridge Falsework Installation  Bridge Deck Construction  Bridge Deck Post-Tensioning  Abutment Wingwall Construction  Temporary Creek Diversion Removal  Structure Approach Slab Construction  Bridge Profilograph and Coefficient of Friction Testing Stage 3 Construction  Temporary Creek Diversion Installation  Traffic Striping, Pavement Markings, and Crash Cushion Installation  Temporary Signal Installation  Bridge Demolition  Steel Pile Installation (Including Pile Splicing)  Abutment Diaphragm Construction  Bridge Falsework Installation  Bridge Deck Construction  Bridge Deck Post-Tensioning  Abutment Wingwall Construction  Temporary Creek Diversion Removal  Structure Approach Slab Construction  Bridge Profilograph and Coefficient of Friction Testing  Bridge Concrete Barrier, Median, and Bridge Railing Construction  Utility Relocation  Joint Seal Installation Stage 4 Construction  Curb Ramp Construction at Beacon Street  Construct Roadway Sidewalk  Utility Relocation  Bridge Concrete Barrier, and Bridge Railing Construction  Final HMA Pavement, Delineation, and Signs  Permanent Lane Striping, Pavement Markings, and Crash Cushions  New Signal at Intersection  Project Close-Out Preparation 2.7 Changes and Claims Management  Contractor Claims Review and Analysis (4 claims assumed) 2.8 Public Outreach during Construction  Monthly Progress Project Data Sheets  Update Website or Blog Content  Project Public Hotline 2.9 Traffic Management Coordination during Construction  Baseline Schedule Review with TMPs and Staging Plans  Review TMPs for Coordination with Future Construction Projects & Re-Analyze TMP TASK 3 - Post Construction Services (Close Out/Claims) 3.1 Project Closeout  Final Walkthrough and Generate Punchlist  Inspect Punchlist Items  Commissioning of Signal and Synchronization / Final Release of Project Permits  Finalize Outstanding Contract Change Orders / Global Settlements, Dispute Resolution, Arbitration Meetings / Final Payment  Project Closeout Documents EXHIBIT B COMPENSATION SCHEDULE EXHIBIT C PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS I. HOURS OF WORK: A. In accordance with California Labor Code Section 1810, eight (8) hours of labor in performance of the services described in Exhibit A shall constitute a legal day’s work under this contract. B. In accordance with California Labor Code Section 1811, the time of service of any worker employed in performance of the services described in Exhibit A is limited to eight (8) hours during any one (1) calendar day, and forty (40) hours during any one calendar week, except in accordance with California Labor Code Section 1815, which provides that work in excess of eight (8) hours during any one (1) calendar day and forty (40) hours during any one calendar week is permitted upon compensation for all hours worked in excess of eight (8) hours during any one (1) calendar day and forty (40) hours during any one (1) calendar week at not less than one-and-one-half (1.5) times the basic rate of pay. C. The Consultant and its subcontractors shall forfeit as a penalty to the City twenty five dollars ($25) for each worker employed in the performance of the services described in Exhibit A for each calendar day during which the worker is required or permitted to work more than eight (8) hours in any one (1) calendar day, or more than forty (40) hours in any one (1) calendar week, in violation of the provisions of California Labor Code Section 1810, et seq.. II. WAGES: A. In accordance with California Labor Code Section 1773.2, the Contractor and any subcontractors shall pay not less than the general prevailing wages for each craft or type of work needed for completion of the services described in Exhibit A, as published by the State of California Department of Industrial Relations, Division of Labor Statistics and Research. A copy of this publication is on file in the City Public Works Office and shall be made available on request. B. Pursuant to Labor Code Section 1775, Contractor may be subject to a penalty of up to two hundred dollars ($200) per day for each worker engaged in the performance of the services described in Exhibit A that the Consultant or any subcontractor pays less than the specified prevailing wage. The Consultant or subcontractor shall also pay the difference between the prevailing wage rates and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the prevailing wage rate. C. Consultant shall comply with all of the following requirements: 1. contracts between the Consultant and the subcontractor for the performance of part of the services described in Exhibit A shall include a copy of the provisions of California Labor Code Sections 1771, 1775, 1776, 1777.5, 1813, and 1815. 2. The Consultant shall monitor payment of the specified general prevailing rate of per diem wages by the subcontractor by periodic review of the subcontractor’s certified payroll records. 3. Upon becoming aware of a subcontractor’s failure to pay the specified prevailing rate of wages, the Consultant shall diligently take corrective action to halt or rectify the failure, including, but not limited to, retaining sufficient funds due the subcontractor for performance of the services described in Exhibit A. 4. Prior to making final payment to the subcontractor, the Consultant shall obtain an affidavit signed under penalty of perjury from the subcontractor that the subcontractor has paid the specified general prevailing rate of per diem wages for employees engaged in the performance of the services described in Exhibit A and any amounts due pursuant to California Labor Code Section 1813. D. In accordance with California Labor Code Section 1776, the Consultant and each subcontractor engaged in performance of the services described in Exhibit A shall keep accurate payroll records showing the name, address, social security number, work, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in performance of the services described in Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following: 1. The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of Sections 1771, 1811, and 1815 for any work performed by the employer’s employees on the public works project. The payroll records required pursuant to California Labor Code Section 1776 shall be certified and shall be available for inspection by the City and its authorized representatives, the Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the Department of Industrial Relations and shall otherwise be available for inspection in accordance with California Labor Code Section 1776. E. In accordance with California Labor Code Section 1777.5, the Consultant, on behalf of the Consultant and any subcontractors engaged in performance of the services described in Exhibit A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5 governing employment and payment of apprentices on public works contracts. EXHIBIT D FORM 590 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1189 Agenda Date:1/10/2018 Version:1 Item #:8. Report regarding a resolution approving the Program Supplemental Agreement No.026-F with the State of California for the Citywide Gap Closure -Haskins Sidewalk Project (Project No.st1402)in the amount of $356,982 and authorizing the City Manager to execute said agreement. (Sam Bautista, Principal Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution approving Program Supplemental Agreement No.026-F with the State of California for the Citywide Gap Closure -Haskins Sidewalk Project (Project No. st1402) in the amount of $356,982 and authorizing the City Manager to execute said Agreement. BACKGROUND/DISCUSSION The City of South San Francisco’s (“City”)administration of state and federally funded local transportation projects is carried out under a Master Administrating Agreement with the California Department of Transportation (“Caltrans”)Local Assistance Program.Each individual grant-funded project requires an execution of a Program Supplemental Agreement (“Agreement”)which defines the funding information and other covenants governing reimbursement of the City’s costs.The Agreement will allow the City to seek reimbursement at the maximum of $356,982 of eligible construction phase costs for the Citywide Gap Closure - Haskins Sidewalk Project. The associated resolution authorizes the City Manager to execute this Agreement. As described by the construction contract award report also on this agenda (file ID 17-1111),the Citywide Gap Closure -Haskins Sidewalk Project will construct approximately 400 feet of 5.5 foot-wide concrete sidewalk in the public right-of-way on the east side of Haskins Way,connecting the existing concrete curb ramp on the south side of East Grand Avenue with the crosswalk at East Jaime Court,thereby improving pedestrian/ADA access to the nearby Regional Bay Trail. Please see the attachment for a location map. FUNDING The Agreement authorizes Federal funding reimbursement in the amount of $356,982 for the construction phase work.The reimbursable project funding specified in this agreement is included in the City of South San Francisco’s Fiscal Year 2017-18 Capital Improvement Program. There is no impact on the General Fund. CONCLUSION Approval of the associated resolution will approve the Program Supplemental Agreement No 026-F and 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 $356,982 for the construction of the Citywide Gap Closure - Haskins Sidewalk Project. City of South San Francisco Printed on 1/4/2018Page 1 of 2 powered by Legistar™ File #:17-1189 Agenda Date:1/10/2018 Version:1 Item #:8. Attachment: 1.Citywide Gap Closure - Haskins Sidewalk Location Map City of South San Francisco Printed on 1/4/2018Page 2 of 2 powered by Legistar™ AT T A C H M E N T  1        VI C I N I T Y  MA P   HASKINS WAY PROJECT SITE City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1190 Agenda Date:1/10/2018 Version:1 Item #:8a. Resolution approving the Program Supplemental Agreement No.026-F with the State of California for the Citywide Gap Closure -Haskins Sidewalk Project (Project No.st1402)in the amount of $356,982 and authorizing the City Manager to execute said agreement. WHEREAS,the City of South San Francisco (“City”)is eligible to receive federal funding reimbursement in the amount of $356,980 for design,construction,and construction engineering services under Program Supplement Agreement No.026-F (“Agreement”)through the State of California Department of Transportation (“Caltrans”); and WHEREAS,a Program Supplemental Agreement must be executed with Caltrans before any such federal funds can be obtained/reimbursed; and WHEREAS,the City wishes to delegate authorization to execute the Agreement and any amendments with Caltrans 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.026-F,attached hereto as Exhibit A,for the South San Francisco Gap Closure- Haskin Sidewalk Project, between the City and Caltrans. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute Program Supplemental Agreement No.026-F on behalf of the City,subject to approval as to form by the City Attorney,and take any other related actions necessary to further the intent of this Resolution. ***** City of South San Francisco Printed on 4/16/2018Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1220 Agenda Date:1/10/2018 Version:1 Item #:9. Report regarding resolution supporting the submission of an application for Measure A Pedestrian and Bicycle Program Funding for $600,000 for the South San Francisco Regional Bike Network Connectivity Project.(Sam Bautista, Principal Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the filing of a grant application not to exceed $600,000 for the San Mateo County Transportation Authority Measure A Pedestrian and Bicycle Program grant funds for the South San Francisco Regional Bike Network Connectivity Project. BACKGROUND/DISCUSSION On June 7,1988,the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the San Mateo County Transportation Authority (TA)of a half-cent transactions and use tax in San Mateo County for 25 years,with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (“Original Measure A”).On November 2,2004,the voters of San Mateo County approved the continuation of the collection and distribution by the TA of the half-cent transactions and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan beginning January 1, 2009 (“New Measure A”). The TA issued a Call for Projects for the Measure A Pedestrian and Bicycle Program funds on November 6, 2017.The TA requires applicants for Measure A funds to submit a resolution in support of the application. There is a gap in connectivity for pedestrians and bicyclists on the Bay Trail Corridor,which is used by both commuters and recreational users,and along the North-South Bikeway Corridor,which is used primarily by commuters and connects to bike lanes that reach mass transit hubs such as the Ferry Terminal. Measure A funds would be used for pre-project planning,preliminary engineering,Plans Specifications & Estimates (PS&E),and construction of 1.5 miles of Class II and III dedicated bike lanes along Airport Boulevard, Mitchell Avenue and Harbor Way (“Project”). Please see the Attachment for a map of locations. FISCAL IMPACT The total cost for the Project is $720,000.The City would provide match funding of 17 percent,totaling $120,000, from the City’s Fiscal Year 2017-18 Capital Improvement Plan. CONCLUSION It is recommended that the City Council adopt a resolution approving the filing of a grant application not to exceed $600,000 for the San Mateo County Transportation Authority Measure A Pedestrian and Bicycle City of South San Francisco Printed on 1/4/2018Page 1 of 2 powered by Legistar™ File #:17-1220 Agenda Date:1/10/2018 Version:1 Item #:9. exceed $600,000 for the San Mateo County Transportation Authority Measure A Pedestrian and Bicycle Program grant funds for the South San Francisco Regional Bike Network Connectivity Project. Attachment: Map City of South San Francisco Printed on 1/4/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1219 Agenda Date:1/10/2018 Version:1 Item #:9a. Resolution supporting the submission of an application for Measure A Pedestrian and Bicycle Program Funding for $600,000 for the South San Francisco Regional Bike Network Connectivity Project. WHEREAS,there is a gap in connectivity for pedestrians and bicyclists on the Bay Trail Corridor,and along the North-South Bikeway Corridor; and WHEREAS,the South San Francisco Regional Bike Network Connectivity Project includes pre-project planning,preliminary engineering,Plans Specifications &Estimates (PS&E),and construction of 1.5 miles of Class II and III dedicated bike lanes along Airport Boulevard,Mitchell Avenue and Harbor Way (“Project”); and WHEREAS, it will cost $720,000 to implement the Project; and WHEREAS, the City wishes to sponsor the Project and seeks $600,000 for that purpose; and WHEREAS,on June 7,1988,the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the San Mateo County Transportation Authority (TA)of a half-cent transactions and use tax in San Mateo County for 25 years,with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (“Original Measure A”); and WHEREAS,on November 2,2004,the voters of San Mateo County approved the continuation of the collection and distribution by the TA of the half-cent transactions and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan beginning January 1, 2009 (“New Measure A”); and WHEREAS,the TA issued a Call for Projects for the Measure A Pedestrian and Bicycle Program on November 6, 2017; and WHEREAS,the TA requires a governing board resolution from the City in support of the City’s application for $600,000 in San Mateo County Measure A Pedestrian and Bicycle Program funds for the Project; and WHEREAS,the TA requires a governing board resolution from the City committing the City to the completion of the Project,including the commitment of matching funds in the amount of $120,000 needed for implementation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco: 1.Directs staff to submit an application for TA Measure A Pedestrian and Bicycle Program funds for City of South San Francisco Printed on 1/22/2018Page 1 of 2 powered by Legistar™ File #:17-1219 Agenda Date:1/10/2018 Version:1 Item #:9a. 1.Directs staff to submit an application for TA Measure A Pedestrian and Bicycle Program funds for $600,000 for the Project. 2.Authorizes the City Manager to execute a funding agreement with the San Mateo County Transportation Authority to encumber any TA Measure A Pedestrian and Bicycle Program funds awarded. 3.Approves the City’s commitment of $120,000 of matching funds needed for implementation of the Project, if awarded the requested TA Measure A Pedestrian and Bicycle Program funds. ***** City of South San Francisco Printed on 1/22/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1172 Agenda Date:1/10/2018 Version:1 Item #:10. Report regarding a resolution awarding a construction contract to W.Bradley Electric,Inc.of Novato, California for the Grand Avenue and West Orange Avenue Pedestrian Crossing Improvements (Project No. st1706)in an amount not to exceed $341,100 and authorizing a total construction budget of $426,375.(Richard Cho, Sr. Civil Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution awarding a construction contract to W. Bradley Electric of Novato,California for the Grand Avenue and West Orange Pedestrian Crossing Improvements (Project No.st1706)in an amount not to exceed $341,100 and authorizing a total construction budget of $426,375. BACKGROUND/DISCUSSION This project proposes to upgrade the safety at existing pedestrian crossings on Grand Avenue between Cypress and Walnut Avenues and on West Orange Avenue at Centennial Way Trail. Currently,the City’s main downtown thoroughfare on Grand Avenue is in need of enhanced pedestrian safety improvements.Grand Avenue is not only a major east-west arterial within the City,but it is also the street with the highest volume of pedestrians in the City.Please see attached for a location map.The proposed rectangular rapid flashing beacon (RRFB)devices provide better visibility for motorists driving on Grand Avenue to yield to pedestrians in advance of mid-block crosswalks and uncontrolled intersections.RRFBs are reliable devices and result in low maintenance for City crews.Two RRFBs will be installed for each crosswalk.In addition to standard push-button activation,the City will also install a passive detection device (camera)to detect pedestrians at the sidewalks waiting to cross the street.The proposed RRFB device will be powered by solar energy and will not require any trenching in the street or sidewalk.Due to the high volume of vehicular traffic and pedestrians along Grand Avenue,it is anticipated that this type of installation will result in a faster construction completion for each location. West Orange Avenue at Centennial Way Trail is a highly-used recreational facility within the City.At the point where the trail crosses West Orange Avenue,the contractor will install new RRFB devices to provide better visibility to motorists approaching the crosswalk.The existing in-ground lights will be removed at this crosswalk.The newly-installed RRFBs will provide much better advance notification for motorists approaching the crossing from a greater distance than other types of devices (i.e.in-ground lights).Please see the attachment for a location map. Staff advertised a notice on the eBidboard inviting new bids for the project on December 4,2017.A mandatory pre-bid meeting was held on-site on December 14,2017.Bids for this project closed on December 21,2017. City of South San Francisco Printed on 1/4/2018Page 1 of 2 powered by Legistar™ File #:17-1172 Agenda Date:1/10/2018 Version:1 Item #:10. pre-bid meeting was held on-site on December 14,2017.Bids for this project closed on December 21,2017. Staff received two bids in response.The lowest responsible bidder was W.Bradley Electric,Inc.of Novato, California.Staff has verified the contractor’s current license with the California State Licensing Board and found it to be in good standing. The following is a summary of all bids received: Base Bid Amount W. Bradley Electric, Inc. of Novato, CA $341,100 St. Francis Electric LLC San Leandro, CA $392,300 The Engineer’s estimate is $320,000. The project budget is: W. Bradley Electric, Inc. Construction Contract $341,100 Construction Contingency (20 percent)$ 68,220 Construction Administration (5 percent)$17,055 Total Project Budget:$426,375 The construction contingency will be used for any additional costs related to design changes due to unforeseen conditions on site.There are no federal funds utilized in this project;therefore,there are no Disadvantaged Business Enterprise (DBE) requirements. FUNDING This project is funded by Community Development Block Grants,gas tax fund,and Measure A funds.The project is included in the South San Francisco’s Fiscal Year 2017-18 Capital Improvement Program (Project No. st1706) with sufficient funds allocated to cover the project cost. CONCLUSION The proposed rectangular rapid flashing beacon devices will increase pedestrian and bicycle safety.The proposed locations for these RRFB installations are at high-volume pedestrian crosswalks within the City. Overall,the visibility of the crossings for motorists will be vastly improved with this proposed project. Awarding the construction contract to W.Bradley Electric,Inc.of Novato,California,for the Grand Avenue and West Orange Avenue Pedestrian Crossing Improvements will enhance pedestrian safety at mid-block and uncontrolled crossings in the downtown area and on the Centennial Way Trail. Attachments: 1.Vicinity Map City of South San Francisco Printed on 1/4/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1173 Agenda Date:1/10/2018 Version:1 Item #:10a. Resolution awarding a construction contract to W.Bradley Electric,Inc.of Novato,California for the Grand Avenue and West Orange Avenue Pedestrian Crossing Improvements (Project No.st1706)in an amount not to exceed $341,100 and authorizing a total construction budget of $426,375. WHEREAS,this project proposes to upgrade the safety at existing pedestrian crossings on Grand Avenue between Cypress and Walnut Avenues and on West Orange Avenue at Centennial Way Trail; and WHEREAS,the City’s main downtown thoroughfare on Grand Avenue is in need of enhanced pedestrian safety improvements; and WHEREAS,the proposed rectangular rapid flashing beacon (RRFB)devices provide better visibility for motorists driving on Grand Avenue to yield in advance of mid-block crosswalks and uncontrolled intersections; and WHEREAS,the City will install new RRFB devices on West Orange Avenue at Centennial Way Trail to provide better visibility to motorists approaching the crosswalk; and WHEREAS,staff advertised a notice on the eBidboard inviting new bids for the project on December 4,2017; and WHEREAS, a mandatory pre-bid meeting was held on-site on December 14, 2017; and WHEREAS,on December 21,2017,staff received two (2)bids in response and the lowest responsible bidder was W. Bradley Electric, Inc. of Novato, California; and WHEREAS,this project is funded by Community Development Block Grants,gas tax fund,Measure A funds, and included in the South San Francisco’s Fiscal Year 2017-18 Capital Improvement Program. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby awards a construction contract,a draft of which is attached hereto as Exhibit A,for the Grand Avenue and West Orange Avenue Pedestrian Crossing Improvements to W.Bradley Electric,Inc.of Novato, California in an amount not to exceed $341,100 conditioned on W.Bradley Electric Inc.’s timely execution of the Project contract and submission of all required documents,including but not limited to,certificates of City of South San Francisco Printed on 3/28/2018Page 1 of 2 powered by Legistar™ File #:17-1173 Agenda Date:1/10/2018 Version:1 Item #:10a. insurance and endorsements, in accordance with the Project documents. BE IT FURTHER RESOLVED that the City Council authorizes a total project construction budget of $426,375 and authorizes the City manager to utilize 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 agreements and any other related documents on behalf of the City upon timely submission by W.Bradley Electric,Inc.signed contract and all other documents, subject to approval by the City Attorney. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of this resolution. ***** City of South San Francisco Printed on 3/28/2018Page 2 of 2 powered by Legistar™ NON-FED-AID AGREEMENT TEMPLATE MAY 2017 CITY OF SOUTH SAN FRANCISCO GRAND AVENUE AND WEST ORANGE AVENUE PEDESTRIAN CROSSING IMPROVEMENTS ENGINEERING FILE NO. ST-17-08 & TR-13-04 PROJECT NO. 510-99999-ST 1706, TR 1402 BID NO. 2608 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS TABLE OF CONTENTS Page No. 1. Scope of Work A-1 2. The Contract Documents A-1 3. Equipment - Performance of Work A-2 4. Contract Price A-2 5. Rights of City to Increase Working Days A-2 6. Option of City to Terminate Agreement in Event of Failure to Complete Work A-2 7. Termination of Contract for Convenience A-3 8. Performance by Sureties A-5 9. Hold-Harmless Agreement and Contractor's Insurance A-6 10. Insurance A-6 11. Proof of Carriage of Insurance A-7 12. Provisions Cumulative A-8 13. Notices A-8 14. Interpretation A-8 Attachment A – Escrow Agreement for Security Deposits in Lieu of Retention NON-FED-AID AGREEMENT TEMPLATE MAY 2017 Page A-1 of 12 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this 10th, day of January,2018, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and W. Bradley Electric, Inc., hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on January 10, 2018, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: Scope of Work. Contractor shall perform the Work described briefly as follows: 1. The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the Grand Avenue And West Orange Avenue Pedestrian Crossing Improvements; 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. The Contract Documents. The complete Contract consists of the following documents: 2. Notice Inviting Bids (A) Part I – Submitted Proposal (as accepted) (B) This Agreement, including Contractor’s Payment Bond, Faithful Performance (C) Bond and Guaranty Bond. 1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall 1. include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and business or social invitees. Page A-2 of 9 Part II – General Conditions (D) Part III – Special Provisions: Special Conditions and Technical Specifications, (E) including State Standard Specifications dated 2015, sections 10-99. Part IV – Project Plans, approved December 2017 (F) Administrative subsections of the State Standard Specifications dated 2015. (G) 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.” Equipment - Performance of Work. Contractor shall furnish all tools, equipment, 3. 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: GRAND AVENUE AND WEST ORANGE AVENUE PEDESTRIAN CROSSING IMPROVEMENTS 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. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work 4. agreed to be done the sum of Three Hundred Forty One Thousand One Hundred Dollars ($341,100.00). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. Rights of City to Increase Working Days. If such Work is not completed within the time 5. specified, the Engineer shall have the right to increase the number of working days in the amount it may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer. Page A-3 of 9 Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any 6. time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. Termination of Contract for Convenience. The City also reserves the right to terminate 7. 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: The City will issue the Contractor a written notice signed by the Engineer, (A) specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII-17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: Stop all work under the contract except that specifically directed to be completed prior to (1) acceptance. Perform work the Engineer deems necessary to secure the project for termination. (2) Remove equipment and plant from the site of the Work. (3) Take such action as is necessary to protect materials from damage. (4) Notify all subcontractors and suppliers that the contract is being terminated and that their (5) contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. Page A-4 of 9 Provide the Engineer with an inventory list of all materials previously produced, (6) 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. Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the (7) Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and with bills of sale or other documents of title for such materials. Subject to the prior written approval of the Engineer, settle all outstanding liabilities and (8) 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. Furnish the Engineer with the documentation required to be furnished by the Contractor (9) 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. Take such other actions as the Engineer may direct. (10) Acceptance of the contract as hereinafter specified shall not relieve the (B) 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: The Contractor’s responsibility for damage to materials for which partial payment has (1) been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. The Contractor’s responsibility for damage to materials purchased by the City subsequent (2) 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. When the Engineer determines that the Contractor has completed the Work under the (3) 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. Termination of the contract shall not relieve the surety of its obligation for any (C) just claims arising out of the work performed. The total compensation to be paid to the Contractor shall be determined by the (D) Engineer on the basis of the following: Page A-5 of 9 The reasonable cost to the Contractor, without profit, for all work performed under the (1) 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. A reasonable allowance for profit on the cost of the work performed as determined under (2) 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. The reasonable cost to the Contractor of handling material returned to the vendor, (3) delivered to the City, or otherwise disposed of as directed by the Engineer. A reasonable allowance for the Contractor’s administrative costs in determining the (4) amount payable due to termination of the contract. A reasonable credit to the City for defective or incomplete work not corrected. (5) All records of the Contractor and subcontractors necessary to determine compensation in accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. Page A-6 of 9 Performance by Sureties. In the event of any termination as herein before provided, City 8. 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) working days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) working days after notice to the City of such election, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, 9. 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. Insurance. The Contractor shall take out and maintain during the life of this Agreement 10. the following policies of insurance: Workers' Compensation and Employers' Liability Insurance providing full (A) statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". Page A-7 of 9 Comprehensive General Liability Insurance. (B) Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): Bodily Injury Liability: (1) $ 500,000 each person $1,000,000 each occurrence Property Damage Liability [includes XCU (explosion, collapse, and underground (2) damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence Comprehensive Automobile Liability Insurance (includes owned, non-owned, (C) and hired vehicles): Bodily Injury Liability: (1) $ 500,000 per person $1,000,000 each occurrence Property Damage Liability: (2) $ 500,000 each occurrence It is agreed that the insurance required by Subsections B and C, in an aggregate (D) amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, 11. concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and Page A-8 of 9 that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including 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. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition 12. to and not in limitation of, any other rights or remedies available to City. Notices. All notices shall be in writing and delivered in person or transmitted by certified 13. 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: _________________________________________________________________________ Interpretation. As used herein, any gender includes each other gender, the singular 14. includes the plural, and vice versa. IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of twelve (12) pages (being pages A-1 through A-12), each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. ATTEST: CITY: City of South San Francisco, a municipal corporation Page A-9 of 9 _______________________________ By: _____________________________ City Clerk Mike Futrell, City Manager CONTRACTOR:_______________________ __________________________________ ATTEST: By:_______________________________ (If Contractor is an individual, so state. _____________________________ If Contractor is a Corporation, a corporate seal or signatures of the President or Vice President and the Secretary Treasurer are required). ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City," and ________________________________________,whose address is ___________________________________________________________, hereinafter called “Contractor” and ______________________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature __________________________________ __________________________________ Address Address On behalf of Escrow Agent: __________________________________ Title __________________________________ Name __________________________________ Signature __________________________________ Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature Approved as to form: Attest: _____________________________________ __________________________________ City Attorney Date City Clerk City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1200 Agenda Date:1/10/2018 Version:1 Item #:11. Report regarding a resolution awarding a construction contract to HM Construction of Hercules,California for the Magnolia Senior Center and Siebecker Preschool Parking Lot Resurfacing Project (Project No.pf1609)in an amount not to exceed $190,692,and authorizing a total construction budget of $247,900.(Patrick Caylao, Associate Civil Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution awarding a construction contract to HM Construction of Hercules,California,California for the Magnolia Senior Center and Siebecker Preschool Parking Lot Resurfacing Project (Project No.pf1609)in an amount not to exceed $190,692 and authorizing a total construction budget of $247,900. BACKGROUND/DISCUSSION The parking lots at Magnolia Senior Center and Siebecker Preschool are in need of extensive repair to address surface and drainage issues.The Magnolia Senior Center offers adults,aged fifty and older,a wide range of programs including an adult day care center,which operates seven days a week.The Siebecker Preschool offers a child care program for children two-and-a-half to five years old which operates Monday through Friday.The Magnolia Senior Center and Siebecker Preschool Parking Lot Resurfacing Project (“Project”)will repair the pavement distresses,restripe to meet staff and patrons’parking needs,and provide improvements to ADA accessibility within the parking lots. On July 28,2017,in collaboration with the Economic and Community Development and Housing Division, Public Works-Engineering staff identified this Project as consistent with the Public Improvements program under the City’s Community Development Block Grant (“CDBG”)Annual Action Plan.The Project provides ADA improvements to facilities that serve the low income and senior population in South San Francisco and is consistent with the goals and criteria for CDBG funding.CDBG funds of $250,000 have been allocated to the Project. On January 3,2018,staff received two bids in response.The lowest responsible bidder was HM Construction, Inc.of Hercules,California.Staff has verified the low bidder’s current contractor’s license with the California State Licensing Board and found it to be in good standing. The following is a summary of all bids received: Base Bid Amount HM Construction, Inc. of Hercules, California $190,692 Golden Bay Construction, Inc. of Hayward, California $206,735 City of South San Francisco Printed on 1/4/2018Page 1 of 2 powered by Legistar™ File #:17-1200 Agenda Date:1/10/2018 Version:1 Item #:11. The Engineer’s estimate is $220,827. The project budget is: HM Construction, Inc. Construction Contract $190,692 Construction Contingency (25 percent)$ 47,673 Construction Administration (5 percent)$ 9,535 Total Project Budget $247,900 The construction contingency will be used for any additional costs related to design changes due to unforeseen conditions on site.There are no federal funds utilized in this project;therefore,there are no Disadvantaged Business Enterprise (DBE) requirements. FUNDING This project is funded by Community Development Block Grants,gas tax fund,and Measure A funds.The project is included in the South San Francisco’s Fiscal Year 2017-18 Capital Improvement Program (Project No. pf1609) with sufficient funds allocated to cover the project cost. CONCLUSION Awarding the construction contract to HM Construction,Inc.of Hercules,California,for the Magnolia Senior Center and Siebecker Preschool Parking Lots Resurfacing Project (Project No.pf1609)will improve the parking lot conditions by resurfacing, restriping and improving the ADA accessibility, at each facility. Attachments: 1.Vicinity Map City of South San Francisco Printed on 1/4/2018Page 2 of 2 powered by Legistar™ AT T A C H M E N T  I – VI C I N I T Y  MA P   Pf 1 6 0 9        Ma g n o l i a  Se n i o r  Ce n t e r  Pa r k i n g  Lo t   Si e b e c k e r  Preschool Parking Lot  City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1201 Agenda Date:1/10/2018 Version:1 Item #:11a. Resolution awarding a construction contract to HM Construction of Hercules,California for the Magnolia Senior Center and Siebecker Preschool Parking Lot Resurfacing Project (Project No.pf1609)in an amount not to exceed $190,692, and authorizing a total construction budget of $247,900. WHEREAS,the City is pursuing to perform extensive deferred maintenance at two of the City’s public facilities, Magnolia Senior Center and Siebecker Preschool parking lots; and WHEREAS,the Magnolia Senior Center and Siebecker Preschool Parking Lot Resurfacing Project (“Project”) will repair pavement distresses,address drainage issues,restripe the parking lot,and improve ADA accessibility within both facilities’ parking lots; and WHEREAS,in July 28,2017,in collaboration with Economic and Community Development and Housing Division,Public Works/Engineering Staff identified the Project as consistent with the Public Improvements Program under the City’s Community Development Block Grant (“CDBG”) Annual Action Plan; and WHEREAS,the Project provides ADA improvements to facilities that serves the low income and senior population in South San Francisco; and WHEREAS, the Project is consistent with the goals and criteria for CDBG funding; and WHEREAS, on December 8, 2017, project design was completed; and WHEREAS,on December 11,2017,City of South San Francisco (“City”)staff advertised a notice inviting new bids for the Magnolia Senior Center and Siebecker Preschool Parking Lot Resurfacing Project (“Project”); and WHEREAS, on January 3, 2018, staff received bids from two (2) responsible bidders; and WHEREAS,after reviewing the bids,HM Construction,Inc.(“Contractor”)of Hercules,California is the lowest responsible bidder; and WHEREAS,staff recommends awarding the construction contract for the Project to the Contractor in the amount not to exceed $190,692 and authorizing a total construction budget of $247,900; and WHEREAS,the Project is included in the City of South San Francisco’s 2017-18 Capital Improvement City of South San Francisco Printed on 1/22/2018Page 1 of 2 powered by Legistar™ File #:17-1201 Agenda Date:1/10/2018 Version:1 Item #:11a. WHEREAS,the Project is included in the City of South San Francisco’s 2017-18 Capital Improvement Program (Project No. pf1609). NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves a construction contract,attached herewith as Exhibit A,for the Project with HM Construction,Inc.of Hercules,California in an amount not to exceed $190,692 and authorizing a total construction budget of $247,900 conditioned on Contractor’s timely execution of the construction 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 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 agreement and any other related documents on behalf of the City upon timely submission by Contractor’s signed contract and all other documents, subject to approval by the City Attorney. ***** City of South San Francisco Printed on 1/22/2018Page 2 of 2 powered by Legistar™ NON-FED-AID AGREEMENT TEMPLATE MAY 2017 CITY OF SOUTH SAN FRANCISCO MAGNOLIA SENIOR CENTER AND SIEBECKER PRESCHOOL PARKING LOT RESURFACING PROJECT ENGINEERING FILE NO. PF-15-12 PROJECT NO. 510-99999-PB1609 BID NO. 2610 NOTICE INVITING BIDS PART I - PROPOSAL PROPOSAL FORMS FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS PART II – GENERAL CONDITIONS PART III – SPECIAL PROVISIONS SPECIAL CONDITIONS TECHNICAL SPECIFICATIONS PART IV – PROJECT PLANS CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS TABLE OF CONTENTS Page No. 1. Scope of Work A-1 2. The Contract Documents A-1 3. Equipment - Performance of Work A-2 4. Contract Price A-2 5. Rights of City to Increase Working Days A-2 6. Option of City to Terminate Agreement in Event of Failure to Complete Work A-2 7. Termination of Contract for Convenience A-3 8. Performance by Sureties A-5 9. Hold-Harmless Agreement and Contractor's Insurance A-6 10. Insurance A-6 11. Proof of Carriage of Insurance A-7 12. Provisions Cumulative A-8 13. Notices A-8 14. Interpretation A-8 Attachment A – Escrow Agreement for Security Deposits in Lieu of Retention NON-FED-AID AGREEMENT TEMPLATE MAY 2017 Page A-1 of 12 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this 10th, day of January, 2018, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and HM Construction, Inc., hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on January 10, 2018, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: 1. Scope of Work. Contractor shall perform the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the Magnolia Senior Center And Siebecker Preschool Parking Lot Resurfacing Project; in accordance with the Contract Documents. Also included are any such other items or details not mentioned above that are required by the Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as specified herein and as directed by the Engineer. The aforementioned improvements are further described in the "Contract Documents" hereinafter referred to. 2. The Contract Documents. The complete Contract consists of the following documents: (A) Notice Inviting Bids (B) Part I – Submitted Proposal (as accepted) (C) This Agreement, including Contractor’s Payment Bond, Faithful Performance Bond and Guaranty Bond. (D) Part II – General Conditions 1. 1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and business or social invitees. Page A-2 of 9 (E) Part III – Special Provisions: Special Conditions and Technical Specifications, including State Standard Specifications dated 2015, sections 10-99, as revised in Revised Standard Specifications (RSS) dated February 18, 2015. (F) Part IV – Project Plans, approved December 8, 2017. (G) Administrative subsections of the State Standard Specifications dated 2015, as specifically referenced in contract Parts I-IV and as revised in RSS dated February 18, 2015. 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: MAGNOLIA SENIOR CENTER AND SIEBECKER PRESCHOOL PARKING LOT RESURFACING PROJECT 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 Ninety Thousand Six Hundred Ninety Two Dollars ($190,692.00). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. 5. Rights of City to Increase Working Days. If such Work is not completed within the time specified, the Engineer shall have the right to increase the number of working days in the amount it may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer. Page A-3 of 9 6. Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 7. Termination of Contract for Convenience. The City also reserves the right to terminate the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that termination of the contract is in the best interest of the City. If the City elects to terminate the contract for convenience, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following: (A) The City will issue the Contractor a written notice signed by the Engineer, specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII-17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: (1) Stop all work under the contract except that specifically directed to be completed prior to acceptance. (2) Perform work the Engineer deems necessary to secure the project for termination. (3) Remove equipment and plant from the site of the Work. (4) Take such action as is necessary to protect materials from damage. (5) Notify all subcontractors and suppliers that the contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. Page A-4 of 9 (6) Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and with bills of sale or other documents of title for such materials. (8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title, and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the contract, including, on projects as to which Federal and State funds are involved, all documentation required under the Federal and State requirements included in the contract. (10) Take such other actions as the Engineer may direct. (B) Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows: (1) The Contractor’s responsibility for damage to materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. (2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Contractor will recommend that the Engineer formally accept the contract to the extent performed, and immediately upon and after such acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Engineer. (C) Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed. (D) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: Page A-5 of 9 (1) The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed. (2) A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed four (4) percent of said cost. (3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City, or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the contract. (5) A reasonable credit to the City for defective or incomplete work not corrected. All records of the Contractor and subcontractors necessary to determine compensation in accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. Page A-6 of 9 8. Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) working days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) working days after notice to the City of such election, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” 9. Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (A) The City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15, “Insurance” hereof. (B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 10. Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (A) Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". Page A-7 of 9 (B) Comprehensive General Liability Insurance. Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): (1) Bodily Injury Liability: $ 500,000 each person $1,000,000 each occurrence (2) Property Damage Liability [includes XCU (explosion, collapse, and underground damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence (C) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired vehicles): (1) Bodily Injury Liability: $ 500,000 per person $1,000,000 each occurrence (2) Property Damage Liability: $ 500,000 each occurrence (D) It is agreed that the insurance required by Subsections B and C, in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. 11. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and Page A-8 of 9 that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self- insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. 12. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 13. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk City Hall, 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to Contractor shall be addressed as follows: _________________________________________________________________________ _________________________________________________________________________ Notices required to be given sureties of Contractor shall be addressed as follows: _________________________________________________________________________ Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows: _________________________________________________________________________ 14. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural, and vice versa. 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. Page A-9 of 9 ATTEST: CITY: City of South San Francisco, a municipal corporation _______________________________ By: _____________________________ City Clerk Mike Futrell, City Manager CONTRACTOR:_______________________ __________________________________ ATTEST: By:_______________________________ (If Contractor is an individual, so state. _____________________________ If Contractor is a Corporation, a corporate seal or signatures of the President or Vice President and the Secretary Treasurer are required). ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City," and ________________________________________,whose address is ___________________________________________________________, hereinafter called “Contractor” and ______________________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature __________________________________ __________________________________ Address Address On behalf of Escrow Agent: __________________________________ Title __________________________________ Name __________________________________ Signature __________________________________ Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature Approved as to form: Attest: _____________________________________ __________________________________ City Attorney Date City Clerk City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1122 Agenda Date:1/10/2018 Version:1 Item #:12. Report regarding a resolution authorizing the submittal of an application of $3,030,451 for the 200 Linden Transit Oriented Development Project to the California State Department of Housing and Community Development for funding under the Infill Infrastructure Grant Program;the execution of a standard agreement if selected for such funding and any amendments thereto;and any related documents necessary to participate in the Infill Infrastructure Grant Program.(Julie Barnard,Economic Development Coordinator and Deborah Gill, Special Projects Manager) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the filing of a grant application not to exceed $3,030,451 for the California State Department of Housing and Community Development Infill Infrastructure Grant Program for the 200 Linden Transit Oriented Development Project. BACKGROUND/DISCUSSION On October 2,2017 the California Department of Housing and Community Development (“HCD”)issued a Notice of Funding Availability (NOFA)for the Infill Infrastructure Grant (IIG)Program established under the Housing and Emergency Shelter Trust Fund Act of 2006 (Proposition 1C)pursuant to the Infill Infrastructure Grant Program established Part 12 of Division 31 of the Health and Safety Code,commencing with Section 53545.12.IIG supports construction and rehabilitation of infrastructure to support higher-density affordable and mixed-income housing in infill locations.Applications are made jointly by public agencies and housing developers.Infill project sites must have been previously developed,or largely surrounded by development. There is also an affordability requirement;15 percent of the units need to be affordable units,which is defined as up to 120 percent of the area median income in for-sale housing units and up to 60 percent of the area median income in for-rent housing units. HCD requires applicants for IIG funds to submit a resolution in support of the application. City staff considered residential development projects in the pipeline and concluded that the most competitive project for the IIG is the 200 Linden Transit Oriented Development Project (“Project”). This project is also the only current project that would qualify.The site is owned by the former Redevelopment Agency and,through a competitive bidding process,the City selected Hisense REUS,LLC as the developer to purchase and develop the site.The Project consists of a seven story, mixed use building,with 97 for-sale,condominium units,and approximately 6,000 square feet of ground floor retail space.Twenty percent of the units will be offered at Below Market Rate (BMR) prices:15 units will be affordable to households making 80 percent of less of the area median income and 4 units will be affordable to households making 80 percent to 120 percent of the area median income.The Project is the first for-sale,condominium development in the South San Francisco City of South San Francisco Printed on 1/4/2018Page 1 of 2 powered by Legistar™ File #:17-1122 Agenda Date:1/10/2018 Version:1 Item #:12. income.The Project is the first for-sale,condominium development in the South San Francisco Downtown Station Area Specific Plan (DSASP)area.The site also meets the infill requirement of the IIG program. The Project is in an area where development is beginning to occur because of the approved DSASP Environmental Impact Report (EIR)that facilitates and encourages development to support the new Caltrain Station,scheduled to be completed in fall 2019.Because of the limited land available for redevelopment in the DSASP area,the City’s BMR requirements,and development impact fees,for- sale residential development is financially challenging.As a result,the City is partnering with the Project developer,Hisense,to apply for grant funds to offset certain Project costs and nearby Capital Improvement Projects (CIP). If granted,the IIG will fund infrastructure work related to the construction of the Project,which includes: ·Demolition &reconstruction of sidewalk;construction of ADA compliant curb ramps in front of the Project and surrounding streets;(these include the streets along the City block of Linden Ave.(between Baden Ave.and Grand Ave.),along Baden Ave.(between Linden Ave).and Cypress Ave. (between Baden Ave. and 3rd Lane)). ·Undergrounding of overhead utilities in front of the project and on surrounding streets (these include the streets of Third Lane (between Linden Ave.and Cypress Ave.)and Baden Ave. (between Linden Ave. and Cypress Ave.)). The grant is reimbursable and as the work described above is completed. FISCAL IMPACT The City is partnering with the applicant,Hisense REUS,LLC,a for-profit developer,for the total funding application request of $3,030,451.There is no match requirement.If the grant is successful it is foreseen the grant award would be split between the City and developer,in an amount to be negotiated at a later date, depending on the amount of funding awarded. If the grant is unsuccessful,the developer is obligated to complete the improvements on the property frontage,which is one of the requirements of eligibility to apply for the grant.If unsuccessful,the City will seek alternative funding for the City’s CIP Projects that extend beyond the developer’s property frontage. CONCLUSION It is recommended that the City Council adopt a resolution approving the filing of the grant application not to exceed $3,030,451 for the California State Department of Housing and Community Development Infill Infrastructure Grant Program for the 200 Linden Transit Oriented Development Project. City of South San Francisco Printed on 1/4/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1123 Agenda Date:1/10/2018 Version:1 Item #:12a. Resolution authorizing the submittal of an application of $3,030,451 for the 200 Linden Transit Oriented Development Project to the California State Department of Housing and Community Development for funding under the Infill Infrastructure Grant Program;the execution of a standard agreement if selected for such funding and any amendments thereto;and any related documents necessary to participate in the Infill Infrastructure Grant Program. WHEREAS,the City of South San Francisco (“City”)wishes to apply for and receive an allocation of funds through the Infill Infrastructure Grant Program; and WHEREAS,the California Department of Housing and Community Development (hereinafter referred to as “HCD”)has issued a Notice of Funding Availability (NOFA)for the Infill Infrastructure Grant Program established under the Housing and Emergency Shelter Trust Fund Act of 2006 (Proposition 1C)pursuant to the Infill Infrastructure Grant (IIG)Program established Part 12 of Division 31 of the Health and Safety Code, commencing with Section 53545.12; and WHEREAS,pursuant to the statute,HCD is authorized to approve funding allocations utilizing monies made available by the State Legislature,subject to the terms and conditions of the statute and the Infill Infrastructure Grant Program Guidelines implemented October 2, 2017; and WHEREAS,the City has identified the 200 Linden Transit Oriented Development Project (Project)as a qualifying project for the IIG Program; and WHEREAS,the City wishes to submit an application in partnership with the Project developer,Hisense REUS, LLC,to obtain from HCD an allocation of the Infill Infrastructure Grant Program funds in the amount of $3,030,451. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that hereby takes the following actions: 1.The City of South San Francisco shall submit to HCD an application to the Infill Infrastructure Grant Program in response to the NOFA issued on October 2,2017 requesting a funding allocation in the amount of $3,030,451 for the 200 Linden Transit Oriented Development Project for the following activities: demolition of sidewalk and construction of ADA compliant curb ramps along the City block City of South San Francisco Printed on 1/11/2018Page 1 of 2 powered by Legistar™ File #:17-1123 Agenda Date:1/10/2018 Version:1 Item #:12a. demolition of sidewalk and construction of ADA compliant curb ramps along the City block comprised of Linden Ave.(between Baden Ave.and Grand Ave.),along Baden Ave.(between Linden Ave).and Cypress Ave.(between Baden Ave.and 3rd Lane);and the undergrounding of overhead utilities on Third Lane (between Linden Ave.and Cypress Ave.)and Baden Ave. (between Linden Ave. and Cypress Ave.) 2.If the application funding is approved,the City of South San Francisco hereby agrees to use the Infill Infrastructure Grant Program funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program Guidelines cites above.It also may execute any and all other instruments necessary or required by HCD for participation in the Infill Infrastructure Grant Program. 3.The City of South San Francisco authorizes the City Manager or his designee to execute in the name of The City of South San Francisco the application,the Standard Agreement,and all other documents required by HCD for participation in the Infill Infrastructure Grant Program, and any amendments thereto. ***** City of South San Francisco Printed on 1/11/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1111 Agenda Date:1/10/2018 Version:1 Item #:13. Report regarding a resolution awarding a construction contract to Spencon Construction,Inc.of Danville, California for the South San Francisco Gap Closure Project (Project No.st1402)in an amount not to exceed $194,205, and authorizing a total construction budget of $ 262,178. (Sam Bautista, Principal Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution awarding a construction contract to Spencon Construction,Inc.of Danville,California for the South San Francisco Gap Closure Project (Project No. st1402) in an amount not to exceed $194,205 and authorizing a total construction budget of $262,178. BACKGROUND/DISCUSSION In 2013,the City received a federal Congestion Mitigation and Air Quality (CMAQ)grant in the amount of $357,000 to complete a sidewalk gap in the Haskins Way sidewalk,thereby improving pedestrian/ADA access to the nearby Regional Bay Trail.This grant required a local match of $47,000 which the City programmed with the grant funding into the Fiscal Year (FY) 2017-18 Capital Improvement Program (CIP) project budget. The City selected BKF Engineers in accordance with federal aid consultant procurement requirements to design the Haskins Sidewalk project.BKF Engineers completed a design for construction of approximately 400 feet of 5.5 foot-wide concrete sidewalk in the public right-of-way on the east side of Haskins Way,connecting the existing concrete curb ramp on the south side of East Grand Avenue with the crosswalk at East Jaime Court. Staff completed the environmental assessment of the project in accordance with California Department of Transportation (Caltrans)direction and Caltrans provided the project a National Environmental Policy Act (NEPA)categorical exclusion determination on March 10,2017.Staff also had the County Clerk record a California Environmental Quality Act (CEQA)categorical exemption for the project on April 18,2017.The construction work will be performed in accordance with the restrictions of the environmental documents, including completing a survey of the street trees for nesting birds before the onset of work. Staff submitted the project design and cost estimate to Caltrans and received the Authorization to Proceed to Construction (E76 form)on October 31,2017,allowing the City to advertise for bids.Staff advertised the Notice Inviting Bids for construction of the project on November 6,2017,and November 13,2017.On December 4,2017,staff received and opened six bids in response.The lowest responsive and responsible bidder is Spencon Construction,Inc.of Danville,California.Staff has verified the low bidder’s current contractor’s license with the California State Licensing Board and found it to be in good standing. City of South San Francisco Printed on 1/4/2018Page 1 of 2 powered by Legistar™ File #:17-1111 Agenda Date:1/10/2018 Version:1 Item #:13. The following is a summary of all bids received: Base Bid Amount Spencon Construction of Danville, California $194,205 Kerex Engineering, Inc. of Pleasant Hill, California $259,925 J.J.R. Construction, Inc. of San Mateo, California $263,565 S.G. Engineering of San Francisco, California $268,443 Cazadoro Construction, Inc. of San Francisco, California $299,070 Interstate Grading & Paving, Inc. of South San Francisco, California $327,800 The Engineer’s estimate is $284,675. The project budget is: Spencon Construction Contract $194,205 Construction Contingency (10 percent)$19,421 Construction Engineering (15 percent)$29,131 Construction Management Construction Administration (10 percent)$19,421 Total Project Budget $262,178 The construction contingency will be used for any additional construction costs related to design changes during the construction operations. There is a Disadvantaged Business Enterprise (DBE)participation goal of 5.7 percent for this construction contract,calculated in accordance with federal aid guidelines.Staff reviewed the bidder’s DBE participation commitment forms to confirm it will meet the DBE goal when implemented. FUNDING This project is funded by a federal CMAQ grant in the amount of $357,000 with a local match of $47,000.The project is included in the City of South San Francisco’s FY 2017-18 CIP (Project No.st1402)with sufficient funds allocated to cover the project cost. CONCLUSION Awarding the construction contract to Spencon Construction of Danville,California,for the South San Francisco Gap Closure Project will allow the City to use the CMAQ grant funds to complete gaps in the Haskins Way sidewalk, thereby providing the public a link to the Regional Bay Trail. Attachments: 1.Vicinity Map City of South San Francisco Printed on 1/4/2018Page 2 of 2 powered by Legistar™ AT T A C H M E N T  1        VI C I N I T Y  MA P   HASKINS WAY PROJECT SITE City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1112 Agenda Date:1/10/2018 Version:1 Item #:13a. Resolution awarding a construction contract to Spencon Construction of Danville,California for the South San Francisco Gap Closure Project (Project No.st1402)in an amount not to exceed $194,205,and authorizing a total construction budget of $262,178. WHEREAS,in 2013,the City received a federal Congestion Mitigation and Air Quality (CMAQ)grant in the amount of $357,000 to complete a gap in the Haskins Way sidewalk to improve pedestrian/American Disabilities Act (ADA) access to the nearby Regional Bay Trail; and WHEREAS,the City selected BKF Engineers of Redwood City,California in accordance with federal aid consultant procurement requirements to design the South San Francisco Gap Closure Project (“Project”); and WHEREAS,the project design calls for construction of approximately 400 feet of 5.5 foot-wide concrete sidewalk in the public right-of-way to connect the existing curb return on East Grand Avenue with the existing crosswalk at East Jaime Court; and WHEREAS,the project has received a categorical exclusion determination under National Environmental Policy Act criteria and a categorical exemption determination under California Environmental Quality Act criteria; and WHEREAS,on October 31,2017,Caltrans issued the City the Authorization to Proceed (E76 form)for the construction phase of the project; and WHEREAS,staff advertised the Notice Inviting Bids for construction of the Project on November 6,2017,and November 13, 2017; and WHEREAS,on December 4,2017,staff received six (6)bids in response with the lowest responsive and responsible bidder supplied by Spencon Construction, Inc. of Danville, California; and WHEREAS,this project is funded by a federal Congestion Mitigation and Air Quality (CMAQ)grant in the amount of $357,000 with a local match of $47,000; and WHEREAS,City may obtain 100 percent reimbursement of the participating construction costs for the construction contract,construction contingency used for contract change orders,and construction engineering from the CMAQ grant; and City of South San Francisco Printed on 1/12/2018Page 1 of 2 powered by Legistar™ File #:17-1112 Agenda Date:1/10/2018 Version:1 Item #:13a. WHEREAS,the project is included in the City of South San Francisco’s Fiscal Year 2017-18 Capital Improvement Program (Project No. st1402) with sufficient funds allocated to cover the project cost; and WHEREAS,awarding the construction contract to Spencon Construction for the Project will allow the City to use the CMAQ grant and provide the City with a public link to the Reginal Bay Trail. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby awards a construction contract,a draft of which is attached hereto as Exhibit A,for the South San Francisco Gap Closure Project to Spencon Construction of Danville,California,in an amount not to exceed $194,205 conditioned on Spencon’s timely execution of the Project contact and submission of all required documents,including but not limited to,certificates of insurance and endorsement,in accordance with the Project documents. BE IT FURTHER RESOLVED the City Council authorizes a total Project construction budget of $262,178 and authorizes the City Manager to utilize unspent amount of the total Project,if necessary,towards additional construction contingency budget. BE IT FURTHER RESOLVED the City Council 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 agreement and any other related documents on behalf of the City upon timely submission by Spencon Construction of the signed contract and all other documents, subject to approval by the City Attorney. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the resolution. ***** City of South San Francisco Printed on 1/12/2018Page 2 of 2 powered by Legistar™ Page A-1 of 9 CITY OF SOUTH SAN FRANCISCO CITYWIDE GAP CLOSURE – HASKINS SIDEWALK ENGINEERING FILE NO. ST-13-5 PROJECT NO. st1402, BID NO. 2602 NOTICE INVITING BIDS PART I - PROPOSAL PROPOSAL FORMS FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS PART II – GENERAL CONDITIONS PART III – SPECIAL PROVISIONS SPECIAL CONDITIONS TECHNICAL SPECIFICATIONS PART IV – PROJECT PLANS Citywide Gap Closure – Haskins Sidewalk City Project st1402; Federal Project CML-5177(035) Page A-1 of 9 CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS TABLE OF CONTENTS Page No. 1. Scope of Work A-1 2. The Contract Documents A-1 3. Equipment - Performance of Work A-2 4. Contract Price A-2 5. Rights of City to Increase Working Days A-2 6. Option of City to Terminate Agreement in Event of Failure to Complete Work A-2 7. Termination of Contract for Convenience A-3 8. Performance by Sureties A-5 9. Hold-Harmless Agreement and Contractor's Insurance A-6 10. Insurance A-6 11. Proof of Carriage of Insurance A-7 12. Provisions Cumulative A-8 13. Form FHWA 1273 A-8 14. Federal Minimum Wage Rates A-8 15. Notices A-8 16. Interpretation A-8 Attachment A – Escrow Agreement for Security Deposits in Lieu of Retention Attachment B – FHWA Form 1273 Attachment C – Federal Minimum Wage Rates Page A-1 of 9 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this 13th day of December, 2017, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and Spencon Construction, hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on December 13, 2017, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: Scope of Work. Contractor shall perform the Work described briefly as follows: 1. The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the Citywide Gap Closure – Haskins Sidewalk 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. The Contract Documents. The complete Contract consists of the following documents: 2. Notice Inviting Bids (A) Part I – Submitted Proposal (as accepted) (B) This Agreement, including Contractor’s Payment Bond, Faithful Performance (C) Bond and Guaranty Bond. Part II – General Conditions (D) 1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall 1. include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and business or social invitees. Citywide Gap Closure – Haskins Sidewalk City Project st1402; Federal Project CML-5177(035) Page A-2 of 9 Part III – Special Provisions: Special Conditions and Technical Specifications, (E) including State Standard Specifications dated 2015, sections 10-99. Part IV – Project Plans, approved 6/6/6/6/2017 (F) Administrative subsections of the State Standard Specifications dated 2015, as (G) specifically referenced in contract Parts I-IV. 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.” Equipment - Performance of Work. Contractor shall furnish all tools, equipment, 3. 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: Citywide Gap Closure – Haskins Sidewalk 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. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work 4. agreed to be done the sum of One Hundred Ninety Four Thousand Two Hundred Five Dollars ($194,205). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. Rights of City to Increase Working Days. If such Work is not completed within the time 5. specified, the Engineer shall have the right to increase the number of working days in the amount it may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer. Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any 6. time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Citywide Gap Closure – Haskins Sidewalk City Project st1402; Federal Project CML-5177(035) Page A-3 of 9 Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. Termination of Contract for Convenience. The City also reserves the right to terminate 7. 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: The City will issue the Contractor a written notice signed by the Engineer, (A) specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII-17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: Stop all work under the contract except that specifically directed to be completed prior to (1) acceptance. Perform work the Engineer deems necessary to secure the project for termination. (2) Remove equipment and plant from the site of the Work. (3) Take such action as is necessary to protect materials from damage. (4) Notify all subcontractors and suppliers that the contract is being terminated and that their (5) contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. Provide the Engineer with an inventory list of all materials previously produced, (6) 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. Citywide Gap Closure – Haskins Sidewalk City Project st1402; Federal Project CML-5177(035) Page A-4 of 9 Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the (7) Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and with bills of sale or other documents of title for such materials. Subject to the prior written approval of the Engineer, settle all outstanding liabilities and (8) 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. Furnish the Engineer with the documentation required to be furnished by the Contractor (9) 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. Take such other actions as the Engineer may direct. (10) Acceptance of the contract as hereinafter specified shall not relieve the (B) 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: The Contractor’s responsibility for damage to materials for which partial payment has (1) been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. The Contractor’s responsibility for damage to materials purchased by the City subsequent (2) 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. When the Engineer determines that the Contractor has completed the Work under the (3) 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. Termination of the contract shall not relieve the surety of its obligation for any (C) just claims arising out of the work performed. The total compensation to be paid to the Contractor shall be determined by the (D) Engineer on the basis of the following: The reasonable cost to the Contractor, without profit, for all work performed under the (1) 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 Citywide Gap Closure – Haskins Sidewalk City Project st1402; Federal Project CML-5177(035) Page A-5 of 9 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. A reasonable allowance for profit on the cost of the work performed as determined under (2) 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. The reasonable cost to the Contractor of handling material returned to the vendor, (3) delivered to the City, or otherwise disposed of as directed by the Engineer. A reasonable allowance for the Contractor’s administrative costs in determining the (4) amount payable due to termination of the contract. A reasonable credit to the City for defective or incomplete work not corrected. (5) All records of the Contractor and subcontractors necessary to determine compensation in accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. Performance by Sureties. In the event of any termination as herein before provided, City 8. 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) working days after giving them said notice of termination, do not give the City written notice of their Citywide Gap Closure – Haskins Sidewalk City Project st1402; Federal Project CML-5177(035) Page A-6 of 9 intention to take over the performance of the Agreement and do not commence performance thereof within five (5) working days after notice to the City of such election, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, 9. 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. Insurance. The Contractor shall take out and maintain during the life of this Agreement 10. the following policies of insurance: Workers' Compensation and Employers' Liability Insurance providing full (A) statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". Comprehensive General Liability Insurance. (B) Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): Citywide Gap Closure – Haskins Sidewalk City Project st1402; Federal Project CML-5177(035) Page A-7 of 9 Bodily Injury Liability: (1) $ 500,000 each person $1,000,000 each occurrence Property Damage Liability [includes XCU (explosion, collapse, and underground (2) damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence Comprehensive Automobile Liability Insurance (includes owned, non-owned, (C) and hired vehicles): Bodily Injury Liability: (1) $ 500,000 per person $1,000,000 each occurrence Property Damage Liability: (2) $ 500,000 each occurrence It is agreed that the insurance required by Subsections B and C, in an aggregate (D) amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, 11. concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions Citywide Gap Closure – Haskins Sidewalk City Project st1402; Federal Project CML-5177(035) Page A-8 of 9 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. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition 12. to and not in limitation of, any other rights or remedies available to City. Form FHWA 1273. For a Federal-aid contract, form FHWA-1273 is included in this 13. Agreement as Attachment B. Comply with its provisions. Interpret the training and promotion section as specified in section 7-1.11A of the State Standard Specifications. Federal Minimum Wage Rates – For a Federal-aid contract, federal minimum wage rates 14. apply and are included in the Agreement as Attachment C. Notices. All notices shall be in writing and delivered in person or transmitted by certified 15. 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: _________________________________________________________________________ Interpretation. As used herein, any gender includes each other gender, the singular 16. includes the plural, and vice versa. 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. Citywide Gap Closure – Haskins Sidewalk City Project st1402; Federal Project CML-5177(035) Page A-9 of 9 ATTEST: CITY: City of South San Francisco, a municipal corporation _______________________________ By: _____________________________ City Clerk Mike Futrell, City Manager CONTRACTOR:_______________________ __________________________________ ATTEST: By:_______________________________ (If Contractor is an individual, so state. _____________________________ If Contractor is a Corporation, a corporate seal or signatures of the President or Vice President and the Secretary Treasurer are required). Citywide Gap Closure – Haskins Sidewalk City Project st1402; Federal Project CML-5177(035) ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City," and ________________________________________,whose address is ___________________________________________________________, hereinafter called “Contractor” and ______________________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, Citywide Gap Closure – Haskins Sidewalk City Project st1402; Federal Project CML-5177(035) the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature __________________________________ __________________________________ Address Address On behalf of Escrow Agent: __________________________________ Title __________________________________ Name __________________________________ Signature __________________________________ Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Citywide Gap Closure – Haskins Sidewalk City Project st1402; Federal Project CML-5177(035) IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature Approved as to form: Attest: _____________________________________ __________________________________ City Attorney Date City Clerk Citywide Gap Closure – Haskins Sidewalk City Project st1402; Federal Project CML-5177(035) ATTACHMENT B FORM 1273   Page 1 of 24 July 2016 FHWA-1273 -- Revised May 1, 2012 REQUIRED CONTRACT PROVISIONS FEDERAL-AID CONSTRUCTION CONTRACTS I. General II. Nondiscrimination III. Nonsegregated Facilities IV. Davis-Bacon and Related Act Provisions V. Contract Work Hours and Safety Standards Act Provisions VI. Subletting or Assigning the Contract VII. Safety: Accident Prevention VIII. False Statements Concerning Highway Projects IX. Implementation of Clean Air Act and Federal Water Pollution Control Act X. Compliance with Governmentwide Suspension and Debarment Requirements XI. Certification Regarding Use of Contract Funds for Lobbying ATTACHMENTS A. Employment and Materials Preference for Appalachian Development Highway System or Appalachian Local Access Road Contracts (included in Appalachian contracts only) I. GENERAL 1. Form FHWA-1273 must be physically incorporated in each construction contract funded under Title 23 (excluding emergency contracts solely intended for debris removal). The contractor (or subcontractor) must insert this form in each subcontract and further require its inclusion in all lower tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services). The applicable requirements of Form FHWA-1273 are incorporated by reference for work done under any purchase order, rental agreement or agreement for other services. The prime contractor shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Form FHWA-1273 must be included in all Federal-aid design-build contracts, in all subcontracts and in lower tier subcontracts (excluding subcontracts for design services, purchase orders, rental agreements and other agreements for supplies or services). The design-builder shall be responsible for compliance by any subcontractor, lower-tier subcontractor or service provider. Contracting agencies may reference Form FHWA-1273 in bid proposal or request for proposal documents, however, the Form FHWA-1273 must be physically incorporated (not referenced) in all contracts, subcontracts and lower-tier subcontracts (excluding purchase orders, rental agreements and other agreements for supplies or services related to a construction contract). 2. Subject to the applicability criteria noted in the following sections, these contract provisions shall apply to all work performed on the contract by the contractor's own organization and with the assistance of workers under the contractor's immediate superintendence and to all work performed on the contract by piecework, station work, or by subcontract. 3. A breach of any of the stipulations contained in these Required Contract Provisions may be sufficient grounds for withholding of progress payments, withholding of final payment, termination of the contract, suspension / debarment or any other action determined to be appropriate by the contracting agency and FHWA. 4. Selection of Labor: During the performance of this contract, the contractor shall not use convict labor for any purpose within the limits of a construction project on a Federal-aid highway unless it is labor performed by convicts who are on parole, supervised release, or probation. The term Federal-aid highway does not include roadways functionally classified as local roads or rural minor collectors. II. NONDISCRIMINATION The provisions of this section related to 23 CFR Part 230 are applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The provisions of 23 CFR Part 230 are not applicable to material supply, engineering, or architectural service contracts. In addition, the contractor and all subcontractors must comply with the following policies: Executive Order 11246, 41 CFR 60, 29 CFR 1625- 1627, Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The contractor and all subcontractors must comply with: the requirements of the Equal Opportunity Clause in 41 CFR 60-1.4(b) and, for all construction contracts exceeding $10,000, the Standard Federal Equal Employment Opportunity Construction Contract Specifications in 41 CFR 60-4.3. Note: The U.S. Department of Labor has exclusive authority to determine compliance with Executive Order 11246 and the policies of the Secretary of Labor including 41 CFR 60, and 29 CFR 1625-1627. The contracting agency and the FHWA have the authority and the responsibility to ensure compliance with Title 23 USC Section 140, the Rehabilitation Act of 1973, as amended (29 USC 794), and Title VI of the Civil Rights Act of 1964, as amended, and related regulations including 49 CFR Parts 21, 26 and 27; and 23 CFR Parts 200, 230, and 633. The following provision is adopted from 23 CFR 230, Appendix A, with appropriate revisions to conform to the U.S. Department of Labor (US DOL) and FHWA requirements. 1. Equal Employment Opportunity: Equal employment opportunity (EEO) requirements not to discriminate and to take affirmative action to assure equal opportunity as set forth under laws, executive orders, rules, regulations (28 CFR 35, 29 CFR 1630, 29 CFR 1625-1627, 41 CFR 60 and 49 CFR 27) and orders of the Secretary of Labor as modified by the provisions prescribed herein, and imposed pursuant to 23 U.S.C. 140 shall constitute the EEO and specific affirmative action standards for the contractor's project activities under this contract. The provisions of the Americans with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.) set forth under 28 CFR 35 and 29 CFR 1630 are incorporated by reference in this contract. In the execution of this contract, the contractor agrees to comply with the following minimum specific requirement activities of EEO: a. The contractor will work with the contracting agency and the Federal Government to ensure that it has made every good faith effort to provide equal opportunity with respect to all of its terms and conditions of employment and in their review of activities under the contract. b. The contractor will accept as its operating policy the following statement: "It is the policy of this Company to assure that applicants are employed, and that employees are treated during employment, without regard to their race, religion, sex, color, national origin, age or disability. Such action shall include: 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, pre-apprenticeship, and/or on- the-job training." 2. EEO Officer: The contractor will designate and make known to the contracting officers an EEO Officer who will have the responsibility for and must be capable of effectively administering and promoting an active EEO program and who must be assigned adequate authority and responsibility to do so 3. Dissemination of Policy: All members of the contractor's staff who are authorized to hire, supervise, promote, and discharge employees, or who recommend such action, or who are substantially involved in such action, will be made fully cognizant of, and will implement, the contractor's EEO policy and contractual responsibilities to provide EEO in each grade and classification of employment. To ensure that the above agreement will be met, the following actions will be taken as a minimum: a. Periodic meetings of supervisory and personnel office employees will be conducted before the start of work and then not less often than once every six months, at which time the contractor's EEO policy and its implementation will be reviewed and explained. The meetings will be conducted by the EEO Officer. b. All new supervisory or personnel office employees will be given a thorough indoctrination by the EEO Officer, covering all major aspects of the contractor's EEO obligations within thirty days following their reporting for duty with the contractor. c. All personnel who are engaged in direct recruitment for the project will be instructed by the EEO Officer in the contractor's procedures for locating and hiring minorities and women. d. Notices and posters setting forth the contractor's EEO policy will be placed in areas readily accessible to employees, applicants for employment and potential employees. e. The contractor's EEO policy and the procedures to implement such policy will be brought to the attention of employees by means of meetings, employee handbooks, or other appropriate means. 4. Recruitment: When advertising for employees, the contractor will include in all advertisements for employees the notation: "An Equal Opportunity Employer." All such advertisements will be placed in publications having a large circulation among minorities and women in the area from which the project work force would normally be derived. a. The contractor will, unless precluded by a valid bargaining agreement, conduct systematic and direct recruitment through public and private employee referral sources likely to yield qualified minorities and women. To meet this requirement, the contractor will identify sources of potential minority group employees, and establish with such identified sources procedures whereby minority and women applicants may be referred to the contractor for employment consideration. b. In the event the contractor has a valid bargaining agreement providing for exclusive hiring hall referrals, the contractor is expected to observe the provisions of that agreement to the extent that the system meets the contractor's compliance with EEO contract provisions. Where implementation of such an agreement has the effect of discriminating against minorities or women, or obligates the contractor to do the same, such implementation violates Federal nondiscrimination provisions. c. The contractor will encourage its present employees to refer minorities and women as applicants for employment. Information and procedures with regard to referring such applicants will be discussed with employees. 5. Personnel Actions: Wages, working conditions, and employee benefits shall be established and administered, and personnel actions of every type, including hiring, upgrading, promotion, transfer, demotion, layoff, and termination, shall be taken without regard to race, color, religion, sex, national origin, age or disability. The following procedures shall be followed: a. The contractor will conduct periodic inspections of project sites to insure that working conditions and employee facilities do not indicate discriminatory treatment of project site personnel. b. The contractor will periodically evaluate the spread of wages paid within each classification to determine any evidence of discriminatory wage practices. c. The contractor will periodically review selected personnel actions in depth to determine whether there is evidence of discrimination. Where evidence is found, the contractor will promptly take corrective action. If the review indicates that the discrimination may extend beyond the actions reviewed, such corrective action shall include all affected persons. d. The contractor will promptly investigate all complaints of alleged discrimination made to the contractor in connection with its obligations under this contract, will attempt to resolve such complaints, and will take appropriate corrective action within a reasonable time. If the investigation indicates that the discrimination may affect persons other than the complainant, such corrective action shall include such other persons. Upon completion of each investigation, the contractor will inform every complainant of all of their avenues of appeal. 6. Training and Promotion: a. The contractor will assist in locating, qualifying, and increasing the skills of minorities and women who are applicants for employment or current employees. Such efforts should be aimed at developing full journey level status employees in the type of trade or job classification involved. b. Consistent with the contractor's work force requirements and as permissible under Federal and State regulations, the contractor shall make full use of training programs, i.e., apprenticeship, and on-the-job training programs for the geographical area of contract performance. In the event a special provision for training is provided under this contract, this subparagraph will be superseded as indicated in the special provision. The contracting agency may reserve training positions for persons who receive welfare assistance in accordance with 23 U.S.C. 140(a). c. The contractor will advise employees and applicants for employment of available training programs and entrance requirements for each. d. The contractor will periodically review the training and promotion potential of employees who are minorities and women and will encourage eligible employees to apply for such training and promotion. 7. Unions: If the contractor relies in whole or in part upon unions as a source of employees, the contractor will use good faith efforts to obtain the cooperation of such unions to increase opportunities for minorities and women. Actions by the contractor, either directly or through a contractor's association acting as agent, will include the procedures set forth below: a. The contractor will use good faith efforts to develop, in cooperation with the unions, joint training programs aimed toward qualifying more minorities and women for membership in the unions and increasing the skills of minorities and women so that they may qualify for higher paying employment. b. The contractor will use good faith efforts to incorporate an EEO clause into each union agreement to the end that such union will be contractually bound to refer applicants without regard to their race, color, religion, sex, national origin, age or disability. c. The contractor is to obtain information as to the referral practices and policies of the labor union except that to the extent such information is within the exclusive possession of the labor union and such labor union refuses to furnish such information to the contractor, the contractor shall so certify to the contracting agency and shall set forth what efforts have been made to obtain such information. d. In the event the union is unable to provide the contractor with a reasonable flow of referrals within the time limit set forth in the collective bargaining agreement, the contractor will, through independent recruitment efforts, fill the employment vacancies without regard to race, color, religion, sex, national origin, age or disability; making full efforts to obtain qualified and/or qualifiable minorities and women. The failure of a union to provide sufficient referrals (even though it is obligated to provide exclusive referrals under the terms of a collective bargaining agreement) does not relieve the contractor from the requirements of this paragraph. In the event the union referral practice prevents the contractor from meeting the obligations pursuant to Executive Order 11246, as amended, and these special provisions, such contractor shall immediately notify the contracting agency. 8. Reasonable Accommodation for Applicants / Employees with Disabilities: The contractor must be familiar with the requirements for and comply with the Americans with Disabilities Act and all rules and regulations established there under. Employers must provide reasonable accommodation in all employment activities unless to do so would cause an undue hardship. 9. Selection of Subcontractors, Procurement of Materials and Leasing of Equipment: The contractor shall not discriminate on the grounds of race, color, religion, sex, national origin, age or disability in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The contractor shall take all necessary and reasonable steps to ensure nondiscrimination in the administration of this contract. a. The contractor shall notify all potential subcontractors and suppliers and lessors of their EEO obligations under this contract. b. The contractor will use good faith efforts to ensure subcontractor compliance with their EEO obligations. 10. Assurance Required by 49 CFR 26.13(b): a. The requirements of 49 CFR Part 26 and the State DOT’s U.S. DOT-approved DBE program are incorporated by reference. b. The contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the contracting agency deems appropriate. 11. Records and Reports: The contractor shall keep such records as necessary to document compliance with the EEO requirements. Such records shall be retained for a period of three years following the date of the final payment to the contractor for all contract work and shall be available at reasonable times and places for inspection by authorized representatives of the contracting agency and the FHWA. a. The records kept by the contractor shall document the following: (1) The number and work hours of minority and non-minority group members and women employed in each work classification on the project; (2) The progress and efforts being made in cooperation with unions, when applicable, to increase employment opportunities for minorities and women; and (3) The progress and efforts being made in locating, hiring, training, qualifying, and upgrading minorities and women; b. The contractors and subcontractors will submit an annual report to the contracting agency each July for the duration of the project, indicating the number of minority, women, and non- minority group employees currently engaged in each work classification required by the contract work. This information is to be reported on Form FHWA-1391. The staffing data should represent the project work force on board in all or any part of the last payroll period preceding the end of July. If on-the-job training is being required by special provision, the contractor will be required to collect and report training data. The employment data should reflect the work force on board during all or any part of the last payroll period preceding the end of July. III. NONSEGREGATED FACILITIES This provision is applicable to all Federal-aid construction contracts and to all related construction subcontracts of $10,000 or more. The contractor must ensure that facilities provided for employees are provided in such a manner that segregation on the basis of race, color, religion, sex, or national origin cannot result. The contractor may neither require such segregated use by written or oral policies nor tolerate such use by employee custom. The contractor's obligation extends further to ensure that its employees are not assigned to perform their services at any location, under the contractor's control, where the facilities are segregated. The term "facilities" includes waiting rooms, work areas, restaurants and other eating areas, time clocks, restrooms, washrooms, locker rooms, and other storage or dressing areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing provided for employees. The contractor shall provide separate or single-user restrooms and necessary dressing or sleeping areas to assure privacy between sexes. IV. DAVIS-BACON AND RELATED ACT PROVISIONS This section is applicable to all Federal-aid construction projects exceeding $2,000 and to all related subcontracts and lower-tier subcontracts (regardless of subcontract size). The requirements apply to all projects located within the right-of-way of a roadway that is functionally classified as Federal-aid highway. This excludes roadways functionally classified as local roads or rural minor collectors, which are exempt. Contracting agencies may elect to apply these requirements to other projects. The following provisions are from the U.S. Department of Labor regulations in 29 CFR 5.5 “Contract provisions and related matters” with minor revisions to conform to the FHWA-1273 format and FHWA program requirements. 1. Minimum wages a. All laborers and mechanics employed or working upon the site of the work, will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph 1.d. of this section; also, regular contributions made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in 29 CFR 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein: Provided, That the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph 1.b. of this section) and the Davis-Bacon poster (WH–1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. b. (1) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: (i) The work to be performed by the classification requested is not performed by a classification in the wage determination; and (ii) The classification is utilized in the area by the construction industry; and (iii) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination. (2) If the contractor and the laborers and mechanics to be employed in the classification (if known), or their representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (3) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the contracting officer shall refer the questions, including the views of all interested parties and the recommendation of the contracting officer, to the Wage and Hour Administrator for determination. The Wage and Hour Administrator, or an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary. (4) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs 1.b.(2) or 1.b.(3) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification. c. Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. d. If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, Provided, That the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. 2. Withholding The contracting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract, or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the contracting agency may, after written notice to the contractor, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased. 3. Payrolls and basic records a. Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, his or her correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs. b. (1) The contractor shall submit weekly for each week in which any contract work is performed a copy of all payrolls to the contracting agency. The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls shall only need to include an individually identifying number for each employee ( e.g. , the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH–347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors. Contractors and subcontractors shall maintain the full social security number and current address of each covered worker, and shall provide them upon request to the contracting agency for transmission to the State DOT, the FHWA or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the contracting agency.. (2) Each payroll submitted shall be accompanied by a “Statement of Compliance,” signed by the contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall certify the following: (i) That the payroll for the payroll period contains the information required to be provided under §5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete; (ii) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3; (iii) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract. (3) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH–347 shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph 3.b.(2) of this section. (4) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States Code. c. The contractor or subcontractor shall make the records required under paragraph 3.a. of this section available for inspection, copying, or transcription by authorized representatives of the contracting agency, the State DOT, the FHWA, or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the FHWA may, after written notice to the contractor, the contracting agency or the State DOT, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. 4. Apprentices and trainees a. Apprentices (programs of the USDOL). Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. b. Trainees (programs of the USDOL). Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the Employment and Training Administration withdraws approval of a training program, the contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. c. Equal employment opportunity. The utilization of apprentices, trainees and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR part 30. d. Apprentices and Trainees (programs of the U.S. DOT). Apprentices and trainees working under apprenticeship and skill training programs which have been certified by the Secretary of Transportation as promoting EEO in connection with Federal-aid highway construction programs are not subject to the requirements of paragraph 4 of this Section IV. The straight time hourly wage rates for apprentices and trainees under such programs will be established by the particular programs. The ratio of apprentices and trainees to journeymen shall not be greater than permitted by the terms of the particular program. 5. Compliance with Copeland Act requirements. The contractor shall comply with the requirements of 29 CFR part 3, which are incorporated by reference in this contract. 6. Subcontracts. The contractor or subcontractor shall insert Form FHWA-1273 in any subcontracts and also require the subcontractors to include Form FHWA-1273 in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR 5.5. 7. Contract termination: debarment. A breach of the contract clauses in 29 CFR 5.5 may be grounds for termination of the contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. 8. Compliance with Davis-Bacon and Related Act requirements. All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this contract. 9. Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause of this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the contractor (or any of its subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives. 10. Certification of eligibility. a. By entering into this contract, the contractor certifies that neither it (nor he or she) nor any person or firm who has an interest in the contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). b. No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1). c. The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001. V. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT The following clauses apply to any Federal-aid construction contract in an amount in excess of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act. These clauses shall be inserted in addition to the clauses required by 29 CFR 5.5(a) or 29 CFR 4.6. As used in this paragraph, the terms laborers and mechanics include watchmen and guards. 1. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. 2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1.) of this section, the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1.) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1.) of this section. 3. Withholding for unpaid wages and liquidated damages. The FHWA or the contacting agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2.) of this section. 4. Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1.) through (4.) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1.) through (4.) of this section. VI. SUBLETTING OR ASSIGNING THE CONTRACT This provision is applicable to all Federal-aid construction contracts on the National Highway System. 1. The contractor shall perform with its own organization contract work amounting to not less than 30 percent (or a greater percentage if specified elsewhere in the contract) of the total original contract price, excluding any specialty items designated by the contracting agency. Specialty items may be performed by subcontract and the amount of any such specialty items performed may be deducted from the total original contract price before computing the amount of work required to be performed by the contractor's own organization (23 CFR 635.116). a. The term “perform work with its own organization” refers to workers employed or leased by the prime contractor, and equipment owned or rented by the prime contractor, with or without operators. Such term does not include employees or equipment of a subcontractor or lower tier subcontractor, agents of the prime contractor, or any other assignees. The term may include payments for the costs of hiring leased employees from an employee leasing firm meeting all relevant Federal and State regulatory requirements. Leased employees may only be included in this term if the prime contractor meets all of the following conditions: (1) the prime contractor maintains control over the supervision of the day-to-day activities of the leased employees; (2) the prime contractor remains responsible for the quality of the work of the leased employees; (3) the prime contractor retains all power to accept or exclude individual employees from work on the project; and (4) the prime contractor remains ultimately responsible for the payment of predetermined minimum wages, the submission of payrolls, statements of compliance and all other Federal regulatory requirements. b. "Specialty Items" shall be construed to be limited to work that requires highly specialized knowledge, abilities, or equipment not ordinarily available in the type of contracting organizations qualified and expected to bid or propose on the contract as a whole and in general are to be limited to minor components of the overall contract. 2. The contract amount upon which the requirements set forth in paragraph (1) of Section VI is computed includes the cost of material and manufactured products which are to be purchased or produced by the contractor under the contract provisions. 3. The contractor shall furnish (a) a competent superintendent or supervisor who is employed by the firm, has full authority to direct performance of the work in accordance with the contract requirements, and is in charge of all construction operations (regardless of who performs the work) and (b) such other of its own organizational resources (supervision, management, and engineering services) as the contracting officer determines is necessary to assure the performance of the contract. 4. No portion of the contract shall be sublet, assigned or otherwise disposed of except with the written consent of the contracting officer, or authorized representative, and such consent when given shall not be construed to relieve the contractor of any responsibility for the fulfillment of the contract. Written consent will be given only after the contracting agency has assured that each subcontract is evidenced in writing and that it contains all pertinent provisions and requirements of the prime contract. 5. The 30% self-performance requirement of paragraph (1) is not applicable to design-build contracts; however, contracting agencies may establish their own self-performance requirements. VII. SAFETY: ACCIDENT PREVENTION This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. 1. In the performance of this contract the contractor shall comply with all applicable Federal, State, and local laws governing safety, health, and sanitation (23 CFR 635). The contractor shall provide all safeguards, safety devices and protective equipment and take any other needed actions as it determines, or as the contracting officer may determine, to be reasonably necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the work covered by the contract. 2. It is a condition of this contract, and shall be made a condition of each subcontract, which the contractor enters into pursuant to this contract, that the contractor and any subcontractor shall not permit any employee, in performance of the contract, to work in surroundings or under conditions which are unsanitary, hazardous or dangerous to his/her health or safety, as determined under construction safety and health standards (29 CFR 1926) promulgated by the Secretary of Labor, in accordance with Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 3704). 3. Pursuant to 29 CFR 1926.3, it is a condition of this contract that the Secretary of Labor or authorized representative thereof, shall have right of entry to any site of contract performance to inspect or investigate the matter of compliance with the construction safety and health standards and to carry out the duties of the Secretary under Section 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C.3704). VIII. FALSE STATEMENTS CONCERNING HIGHWAY PROJECTS This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. In order to assure high quality and durable construction in conformity with approved plans and specifications and a high degree of reliability on statements and representations made by engineers, contractors, suppliers, and workers on Federal-aid highway projects, it is essential that all persons concerned with the project perform their functions as carefully, thoroughly, and honestly as possible. Willful falsification, distortion, or misrepresentation with respect to any facts related to the project is a violation of Federal law. To prevent any misunderstanding regarding the seriousness of these and similar acts, Form FHWA- 1022 shall be posted on each Federal-aid highway project (23 CFR 635) in one or more places where it is readily available to all persons concerned with the project: 18 U.S.C. 1020 reads as follows: "Whoever, being an officer, agent, or employee of the United States, or of any State or Territory, or whoever, whether a person, association, firm, or corporation, knowingly makes any false statement, false representation, or false report as to the character, quality, quantity, or cost of the material used or to be used, or the quantity or quality of the work performed or to be performed, or the cost thereof in connection with the submission of plans, maps, specifications, contracts, or costs of construction on any highway or related project submitted for approval to the Secretary of Transportation; or Whoever knowingly makes any false statement, false representation, false report or false claim with respect to the character, quality, quantity, or cost of any work performed or to be performed, or materials furnished or to be furnished, in connection with the construction of any highway or related project approved by the Secretary of Transportation; or Whoever knowingly makes any false statement or false representation as to material fact in any statement, certificate, or report submitted pursuant to provisions of the Federal-aid Roads Act approved July 1, 1916, (39 Stat. 355), as amended and supplemented; Shall be fined under this title or imprisoned not more than 5 years or both." IX. IMPLEMENTATION OF CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT This provision is applicable to all Federal-aid construction contracts and to all related subcontracts. By submission of this bid/proposal or the execution of this contract, or subcontract, as appropriate, the bidder, proposer, Federal-aid construction contractor, or subcontractor, as appropriate, will be deemed to have stipulated as follows: 1. That any person who is or will be utilized in the performance of this contract is not prohibited from receiving an award due to a violation of Section 508 of the Clean Water Act or Section 306 of the Clean Air Act. 2. That the contractor agrees to include or cause to be included the requirements of paragraph (1) of this Section X in every subcontract, and further agrees to take such action as the contracting agency may direct as a means of enforcing such requirements. X. CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION This provision is applicable to all Federal-aid construction contracts, design-build contracts, subcontracts, lower-tier subcontracts, purchase orders, lease agreements, consultant contracts or any other covered transaction requiring FHWA approval or that is estimated to cost $25,000 or more – as defined in 2 CFR Parts 180 and 1200. 1. Instructions for Certification – First Tier Participants: a. By signing and submitting this proposal, the prospective first tier participant is providing the certification set out below. b. The inability of a person to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The prospective first tier participant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the department or agency's determination whether to enter into this transaction. However, failure of the prospective first tier participant to furnish a certification or an explanation shall disqualify such a person from participation in this transaction. c. The certification in this clause is a material representation of fact upon which reliance was placed when the contracting agency determined to enter into this transaction. If it is later determined that the prospective participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the contracting agency may terminate this transaction for cause of default. d. The prospective first tier participant shall provide immediate written notice to the contracting agency to whom this proposal is submitted if any time the prospective first tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. e. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). f. The prospective first tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency entering into this transaction. g. The prospective first tier participant further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions," provided by the department or contracting agency, entering into this covered transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. h. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. i. Nothing contained in the foregoing shall be construed to require the establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the prospective participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. j. Except for transactions authorized under paragraph (f) of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency may terminate this transaction for cause or default. 2. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion – First Tier Participants: a. The prospective first tier participant certifies to the best of its knowledge and belief, that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (a)(2) of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local) terminated for cause or default. b. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. 2. Instructions for Certification - Lower Tier Participants: (Applicable to all subcontracts, purchase orders and other lower tier transactions requiring prior FHWA approval or estimated to cost $25,000 or more - 2 CFR Parts 180 and 1200) a. By signing and submitting this proposal, the prospective lower tier is providing the certification set out below. b. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department, or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. c. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous by reason of changed circumstances. d. The terms "covered transaction," "debarred," "suspended," "ineligible," "participant," "person," "principal," and "voluntarily excluded," as used in this clause, are defined in 2 CFR Parts 180 and 1200. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. “First Tier Covered Transactions” refers to any covered transaction between a grantee or subgrantee of Federal funds and a participant (such as the prime or general contract). “Lower Tier Covered Transactions” refers to any covered transaction under a First Tier Covered Transaction (such as subcontracts). “First Tier Participant” refers to the participant who has entered into a covered transaction with a grantee or subgrantee of Federal funds (such as the prime or general contractor). “Lower Tier Participant” refers any participant who has entered into a covered transaction with a First Tier Participant or other Lower Tier Participants (such as subcontractors and suppliers). e. The prospective lower tier participant agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. f. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions exceeding the $25,000 threshold. g. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant is responsible for ensuring that its principals are not suspended, debarred, or otherwise ineligible to participate in covered transactions. To verify the eligibility of its principals, as well as the eligibility of any lower tier prospective participants, each participant may, but is not required to, check the Excluded Parties List System website (https://www.epls.gov/), which is compiled by the General Services Administration. h. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. i. Except for transactions authorized under paragraph e of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. * * * * * Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Participants: 1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. * * * * * XI. CERTIFICATION REGARDING USE OF CONTRACT FUNDS FOR LOBBYING This provision is applicable to all Federal-aid construction contracts and to all related subcontracts which exceed $100,000 (49 CFR 20). 1. The prospective participant certifies, by signing and submitting this bid or proposal, to the best of his or her knowledge and belief, that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 2. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31 U.S.C. 1352. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 3. The prospective participant also agrees by submitting its bid or proposal that the participant shall require that the language of this certification be included in all lower tier subcontracts, which exceed $100,000 and that all such recipients shall certify and disclose accordingly. ATTACHMENT C FEDERAL MINIMUM WAGE RATES General Decision Number: CA170029 10/13/2017 CA29 Superseded General Decision Number: CA20160029 State: California Construction Types: Building, Heavy (Heavy and Dredging) and Highway Counties: Alameda, Calaveras, Contra Costa, Fresno, Kings, Madera, Mariposa, Merced, Monterey, San Benito, San Francisco, San Joaquin, San Mateo, Santa Clara, Santa Cruz, Stanislaus and Tuolumne Counties in California. BUILDING CONSTRUCTION PROJECTS; DREDGING PROJECTS (does not include hopper dredge work); HEAVY CONSTRUCTION PROJECTS (does not include water well drilling); HIGHWAY CONSTRUCTION PROJECTS Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.20 for calendar year 2017 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.20 (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2017. The EO minimum wage rate will be adjusted annually. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/06/2017 1 01/20/2017 2 01/27/2017 3 02/17/2017 4 02/24/2017 5 03/03/2017 6 03/10/2017 7 03/31/2017 8 04/14/2017 9 04/21/2017 10 05/05/2017 11 05/12/2017 12 05/26/2017 13 06/02/2017 14 06/16/2017 15 06/30/2017 16 07/07/2017 17 07/14/2017 18 08/04/2017 19 08/11/2017 20 09/08/2017 21 10/13/2017 ASBE0016-004 01/01/2017 AREA 1: CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TOULMNE COUNTIES AREA 2: ALAMEDA, CONTRA COSTA, SAN FRANSICO, SAN MATEO & SANTA CLARA COUNTIES Rates Fringes Asbestos Removal worker/hazardous material handler (Includes preparation, wetting, stripping, removal, scrapping, vacuuming, bagging and disposing of all insulation materials from mechanical systems, whether they contain asbestos or not) Area 1......................$ 28.20 8.95 Area 2......................$ 32.98 8.95 ---------------------------------------------------------------- ASBE0016-008 08/01/2017 AREA 1: ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANSICO, SAN MATEO, SANTA CLARA, & SANTA CRUZ AREA 2: CALAVERAS, COLUSA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAU, & TUOLUMNE Rates Fringes Asbestos Workers/Insulator (Includes the application of all insulating materials, Protective Coverings, Coatings, and Finishes to all types of mechanical systems) Area 1......................$ 65.36 23.11 Area 2......................$ 49.46 23.11 ---------------------------------------------------------------- BOIL0549-001 10/01/2016 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES AREA 2: REMAINING COUNTIES Rates Fringes BOILERMAKER Area 1......................$ 43.28 37.91 Area 2......................$ 39.68 35.71 ---------------------------------------------------------------- BRCA0003-001 02/01/2017 Rates Fringes MARBLE FINISHER..................$ 31.17 14.99 ---------------------------------------------------------------- BRCA0003-003 02/01/2017 Rates Fringes MARBLE MASON.....................$ 41.77 26.76 ---------------------------------------------------------------- BRCA0003-005 05/01/2017 Rates Fringes BRICKLAYER ( 1) Fresno, Kings, Madera, Mariposa, Merced....$ 38.45 21.22 ( 7) San Francisco, San Mateo.......................$ 42.34 25.83 ( 8) Alameda, Contra Costa, San Benito, Santa Clara.......................$ 44.16 21.71 ( 9) Calaveras, San Joaquin, Stanislaus, Toulumne....................$ 39.66 20.76 (16) Monterey, Santa Cruz...$ 39.51 23.49 ---------------------------------------------------------------- * BRCA0003-008 09/01/2017 Rates Fringes TERRAZZO FINISHER................$ 35.14 16.87 TERRAZZO WORKER/SETTER...........$ 44.11 26.36 ---------------------------------------------------------------- BRCA0003-011 04/21/2017 AREA 1: Alameda, Contra Costa, Monterey, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz AREA 2: Calaveras, San Joaquin, Stanislaus, Tuolumne AREA 3: Fresno, Kings, Madera, Mariposa, Merced Rates Fringes TILE FINISHER Area 1......................$ 27.48 15.45 Area 2......................$ 25.60 14.90 Area 3......................$ 24.42 14.53 Tile Layer Area 1......................$ 45.80 17.54 Area 2......................$ 42.67 17.46 Area 3......................$ 35.31 16.83 ---------------------------------------------------------------- CARP0022-001 07/01/2017 San Francisco County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 46.40 28.71 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 46.55 28.71 Journeyman Carpenter........$ 46.40 28.71 Millwright..................$ 46.50 30.30 ---------------------------------------------------------------- CARP0034-001 07/01/2017 Rates Fringes Diver Assistant Tender, ROV Tender/Technician...........$ 45.65 31.91 Diver standby...............$ 50.61 31.91 Diver Tender................$ 49.82 31.91 Diver wet...................$ 95.17 31.91 Manifold Operator (mixed gas)........................$ 54.82 31.91 Manifold Operator (Standby).$ 49.82 31.91 DEPTH PAY (Surface Diving): 050 to 100 ft $2.00 per foot 101 to 150 ft $3.00 per foot 151 to 220 ft $4.00 per foot SATURATION DIVING: The standby rate shall apply until saturation starts. The saturation diving rate applies when divers are under pressure continuously until work task and decompression are complete. The diver rate shall be paid for all saturation hours. DIVING IN ENCLOSURES: Where it is necessary for Divers to enter pipes or tunnels, or other enclosures where there is no vertical ascent, the following premium shall be paid: Distance traveled from entrance 26 feet to 300 feet: $1.00 per foot. When it is necessary for a diver to enter any pipe, tunnel or other enclosure less than 48" in height, the premium will be $1.00 per foot. WORK IN COMBINATION OF CLASSIFICATIONS: Employees working in any combination of classifications within the diving crew (except dive supervisor) in a shift are paid in the classification with the highest rate for that shift. ---------------------------------------------------------------- CARP0034-003 07/01/2016 Rates Fringes Piledriver.......................$ 44.65 31.40 ---------------------------------------------------------------- CARP0035-007 07/01/2017 AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties AREA 2: Monterey, San Benito, Santa Cruz Counties AREA 3: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, San Joaquin, Stanislaus, Tuolumne Counties Rates Fringes Modular Furniture Installer Area 1 Installer I................$ 25.61 20.42 Installer II...............$ 22.18 20.42 Lead Installer.............$ 29.06 20.92 Master Installer...........$ 33.28 20.92 Area 2 Installer I................$ 22.96 20.42 Installer II...............$ 20.01 20.42 Lead Installer.............$ 25.93 20.92 Master Installer...........$ 29.56 20.92 Area 3 Installer I................$ 22.01 20.42 Installer II...............$ 19.24 20.42 Lead Installer.............$ 24.81 20.92 Master Installer...........$ 31.13 20.13 ---------------------------------------------------------------- CARP0035-008 08/01/2017 AREA 1: Alameda, Contra Costa, San Francisco, San Mateo, Santa Clara counties AREA 2: Monterey, San Benito, Santa Cruz Counties AREA 3: San Joaquin AREA 4: Calaveras, Fresno, Kings, Madera, Mariposa, Merced, Stanislaus, Tuolumne Counties Rates Fringes Drywall Installers/Lathers: Area 1......................$ 46.40 29.15 Area 2......................$ 40.52 29.15 Area 3......................$ 39.02 28.64 Area 4......................$ 39.67 29.15 Drywall Stocker/Scrapper Area 1......................$ 23.20 16.88 Area 2......................$ 20.26 16.88 Area 3......................$ 19.51 16.57 Area 4......................$ 19.84 16.88 ---------------------------------------------------------------- CARP0152-001 07/01/2017 Contra Costa County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 46.40 28.71 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 46.55 28.71 Journeyman Carpenter........$ 46.40 28.71 Millwright..................$ 46.50 28.71 ---------------------------------------------------------------- CARP0152-002 07/01/2017 San Joaquin County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 46.40 28.71 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 40.67 28.71 Journeyman Carpenter........$ 40.52 28.71 Millwright..................$ 43.02 30.30 ---------------------------------------------------------------- CARP0152-004 07/01/2017 Calaveras, Mariposa, Merced, Stanislaus and Tuolumne Counties Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 46.40 28.71 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 39.32 28.71 Journeyman Carpenter........$ 39.17 28.71 Millwright..................$ 41.67 30.30 ---------------------------------------------------------------- CARP0217-001 07/01/2017 San Mateo County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 46.40 28.71 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 46.55 28.71 Journeyman Carpenter........$ 46.40 28.71 Millwright..................$ 46.50 30.30 ---------------------------------------------------------------- CARP0405-001 07/01/2017 Santa Clara County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 46.40 28.71 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 46.55 28.71 Journeyman Carpenter........$ 46.40 28.71 Millwright..................$ 46.50 30.30 ---------------------------------------------------------------- CARP0405-002 07/01/2017 San Benito County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 46.40 28.71 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 40.58 28.71 Journeyman Carpenter........$ 40.52 28.71 Millwright..................$ 43.02 30.30 ---------------------------------------------------------------- CARP0505-001 07/01/2017 Santa Cruz County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 46.40 28.71 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 40.67 28.71 Journeyman Carpenter........$ 40.52 28.71 Millwright..................$ 43.02 30.30 ---------------------------------------------------------------- CARP0605-001 07/01/2017 Monterey County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 46.40 28.71 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 40.67 28.71 Journeyman Carpenter........$ 40.52 28.71 Millwright..................$ 43.02 30.30 ---------------------------------------------------------------- CARP0701-001 07/01/2017 Fresno and Madera Counties Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 46.40 28.71 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 39.32 28.71 Journeyman Carpenter........$ 39.17 28.71 Millwright..................$ 41.67 30.30 ---------------------------------------------------------------- CARP0713-001 07/01/2017 Alameda County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 46.40 28.71 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 46.55 28.71 Journeyman Carpenter........$ 46.40 28.71 Millwright..................$ 46.50 30.30 ---------------------------------------------------------------- CARP1109-001 07/01/2017 Kings County Rates Fringes Carpenters Bridge Builder/Highway Carpenter...................$ 46.40 28.71 Hardwood Floorlayer, Shingler, Power Saw Operator, Steel Scaffold & Steel Shoring Erector, Saw Filer.......................$ 39.32 28.71 Journeyman Carpenter........$ 39.17 28.71 Millwright..................$ 41.67 30.30 ---------------------------------------------------------------- ELEC0006-004 12/01/2016 SAN FRANCISCO COUNTY Rates Fringes Sound & Communications Installer...................$ 35.57 3%+18.05 Technician..................$ 40.50 3%+18.05 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0006-007 06/01/2017 SAN FRANCISCO COUNTY Rates Fringes ELECTRICIAN......................$ 66.00 3%+43.40 ---------------------------------------------------------------- ELEC0100-002 09/01/2017 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes ELECTRICIAN......................$ 37.00 21.91 ---------------------------------------------------------------- ELEC0100-005 12/01/2016 FRESNO, KINGS, MADERA Rates Fringes Communications System Installer...................$ 30.64 3%+17.86 Technician..................$ 34.89 3%+17.86 SCOPE OF WORK Includes the installation testing, service and maintenance, of the following systems which utilize the transmission and/or transference of voice, sound, vision and digital for commercial, education, security and entertainment purposes for the following: TV monitoring and surveillance, background-foreground music, intercom and telephone interconnect, inventory control systems, microwave transmission, multi-media, multiplex, nurse call system, radio page, school intercom and sound, burglar alarms, and low voltage master clock systems. A. SOUND AND VOICE TRANSMISSION/TRANSFERENCE SYSTEMS Background foreground music, Intercom and telephone interconnect systems, Telephone systems Nurse call systems, Radio page systems, School intercom and sound systems, Burglar alarm systems, Low voltage, master clock systems, Multi-media/multiplex systems, Sound and musical entertainment systems, RF systems, Antennas and Wave Guide, B. FIRE ALARM SYSTEMS Installation, wire pulling and testing C. TELEVISION AND VIDEO SYSTEMS Television monitoring and surveillance systems Video security systems, Video entertainment systems, Video educational systems, Microwave transmission systems, CATV and CCTV D. SECURITY SYSTEMS Perimeter security systems Vibration sensor systems Card access systems Access control systems, Sonar/infrared monitoring equipment E. COMMUNICATIONS SYSTEMS THAT TRANSMIT OR RECEIVE INFORMATION AND/OR CONTROL SYSTEMS THAT ARE INTRINSIC TO THE ABOVE LISTED SYSTEMS SCADA (Supervisory Control and Data Acquisition) PCM (Pulse Code Modulation) Inventory Control Systems, Digital Data Systems Broadband and Baseband and Carriers Point of Sale Systems, VSAT Data Systems Data Communication Systems RF and Remote Control Systems, Fiber Optic Data Systems WORK EXCLUDED Raceway systems are not covered (excluding Ladder-Rack for the purpose of the above listed systems). Chases and/or nipples (not to exceed 10 feet) may be installed on open wiring systems. Energy management systems. SCADA (Supervisory Control and Data Acquisition) when not intrinsic to the above listed systems (in the scope). Fire alarm systems when installed in raceways (including wire and cable pulling) shall be performed at the electrician wage rate, when either of the following two (2) conditions apply: 1. The project involves new or major remodel building trades construction. 2. The conductors for the fire alarm system are installed in conduit. ---------------------------------------------------------------- ELEC0234-001 12/25/2016 MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes ELECTRICIAN Zone A......................$ 44.65 24.44 Zone B......................$ 49.12 24.57 Zone A: All of Santa Cruz, Monterey, and San Benito Counties within 25 air miles of Highway 1 and Dolan Road in Moss Landing, and an area extending 5 miles east and west of Highway 101 South to the San Luis Obispo County Line Zone B: Any area outside of Zone A ---------------------------------------------------------------- ELEC0234-003 12/01/2016 MONTEREY, SAN BENITO, AND SANTA CRUZ COUNTIES Rates Fringes Sound & Communications Installer...................$ 35.07 18.60 Technician..................$ 37.94 16.30 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0302-001 02/27/2017 CONTRA COSTA COUNTY Rates Fringes CABLE SPLICER....................$ 54.92 26.75 ELECTRICIAN......................$ 48.51 26.56 ---------------------------------------------------------------- ELEC0302-003 12/01/2016 CONTRA COSTA COUNTY Rates Fringes Sound & Communications Installer...................$ 35.07 18.05 Technician..................$ 39.93 18.20 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0332-001 05/29/2017 SANTA CLARA COUNTY Rates Fringes CABLE SPLICER....................$ 69.60 34.318 ELECTRICIAN......................$ 60.52 34.046 FOOTNOTES: Work under compressed air or where gas masks are required, orwork on ladders, scaffolds, stacks, "Bosun's chairs," or other structures and where the workers are not protected by permanent guard rails at a distance of 40 to 60 ft. from the ground or supporting structures: to be paid one and one-half times the straight-time rate of pay. Work on structures of 60 ft. or over (as described above): to be paid twice the straight-time rate of pay. ---------------------------------------------------------------- ELEC0332-003 12/01/2016 SANTA CLARA COUNTY Rates Fringes Sound & Communications Installer...................$ 35.07 18.602 Technician..................$ 39.93 18.748 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0595-001 06/01/2017 ALAMEDA COUNTY Rates Fringes CABLE SPLICER....................$ 59.91 3%+34.10 ELECTRICIAN......................$ 53.25 3%+34.10 ---------------------------------------------------------------- ELEC0595-002 06/01/2017 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes CABLE SPLICER....................$ 41.40 3%+28.83 ELECTRICIAN (1) Tunnel work.............$ 38.86 3%+28.83 (2) All other work.........$ 36.00 3%+28.83 ---------------------------------------------------------------- ELEC0595-006 12/01/2016 ALAMEDA COUNTY Rates Fringes Sound & Communications Installer...................$ 35.07 3%+17.86 Technician..................$ 39.93 3%+17.86 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0595-008 12/01/2016 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes Communications System Installer...................$ 30.64 3%+17.86 Technician..................$ 34.89 3%+17.86 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0617-001 06/01/2017 SAN MATEO COUNTY Rates Fringes ELECTRICIAN......................$ 57.00 33.59 ---------------------------------------------------------------- ELEC0617-003 12/01/2016 SAN MATEO COUNTY Rates Fringes Sound & Communications Installer...................$ 35.07 18.86 Technician..................$ 39.93 18.86 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC0684-001 06/01/2017 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes ELECTRICIAN......................$ 37.00 3%+20.73 CABLE SPLICER = 110% of Journeyman Electrician ---------------------------------------------------------------- ELEC0684-004 12/01/2016 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes Communications System Installer...................$ 30.64 3%+17.86 Technician..................$ 34.89 3%+17.86 SCOPE OF WORK: Including any data system whose only function is to transmit or receive information; excluding all other data systems or multiple systems which include control function or power supply; inclusion or exclusion of terminations and testings of conductors determined by their function; excluding fire alarm work when installed in raceways (including wire and cable pulling) and when performed on new or major remodel building projects or jobs for which the conductors for the fire alarm system are installed in conduit; excluding installation of raceway systems, line voltage work, industrial work, life-safety systems (all buildings having floors located more than 75' above the lowest floor level having building access); excluding energy management systems. FOOTNOTE: Fire alarm work when installed in raceways (including wire and cable pulling), on projects which involve new or major remodel building construction, for which the conductors for the fire alarm system are installed in the conduit, shall be performed by the inside electrician. ---------------------------------------------------------------- ELEC1245-001 06/01/2017 Rates Fringes LINE CONSTRUCTION (1) Lineman; Cable splicer..$ 55.49 3%+17.65 (2) Equipment specialist (operates crawler tractors, commercial motor vehicles, backhoes, trenchers, cranes (50 tons and below), overhead & underground distribution line equipment)...........$ 44.32 3%+17.65 (3) Groundman...............$ 33.89 3%+17.65 (4) Powderman...............$ 49.55 3%+17.65 HOLIDAYS: New Year's Day, M.L. King Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and day after Thanksgiving, Christmas Day ---------------------------------------------------------------- ELEV0008-001 01/01/2017 Rates Fringes ELEVATOR MECHANIC................$ 63.44 31.585 FOOTNOTE: PAID VACATION: Employer contributes 8% of regular hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for 6 months to 5 years of service. PAID HOLIDAYS: New Years Day, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day, Friday after Thanksgiving, and Christmas Day. ---------------------------------------------------------------- ENGI0003-008 07/01/2017 Rates Fringes Dredging: (DREDGING: CLAMSHELL & DIPPER DREDGING; HYDRAULIC SUCTION DREDGING:) AREA 1: (1) Leverman...............$ 44.77 31.25 (2) Dredge Dozer; Heavy duty repairman.............$ 39.81 31.25 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator...................$ 38.69 31.25 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler..$ 35.39 31.25 AREA 2: (1) Leverman...............$ 46.77 31.25 (2) Dredge Dozer; Heavy duty repairman.............$ 41.81 31.25 (3) Booster Pump Operator; Deck Engineer; Deck mate; Dredge Tender; Winch Operator...................$ 40.69 31.25 (4) Bargeman; Deckhand; Fireman; Leveehand; Oiler..$ 37.39 31.25 AREA DESCRIPTIONS AREA 1: ALAMEDA,BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES AREA 2: MODOC COUNTY THE REMAINGING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: ALPINE COUNTY: Area 1: Northernmost part Area 2: Remainder CALAVERAS COUNTY: Area 1: Remainder Area 2: Eastern part COLUSA COUNTY: Area 1: Eastern part Area 2: Remainder ELDORADO COUNTY: Area 1: North Central part Area 2: Remainder FRESNO COUNTY: Area 1: Remainder Area 2: Eastern part GLENN COUNTY: Area 1: Eastern part Area 2: Remainder LASSEN COUNTY: Area 1: Western part along the Southern portion of border with Shasta County Area 2: Remainder MADERA COUNTY: Area 1: Except Eastern part Area 2: Eastern part MARIPOSA COUNTY Area 1: Except Eastern part Area 2: Eastern part MONTERREY COUNTY Area 1: Except Southwestern part Area 2: Southwestern part NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County Area 2: Remainder PLACER COUNTY: Area 1: Al but the Central portion Area 2: Remainder PLUMAS COUNTY: Area 1: Western portion Area 2: Remainder SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder SIERRA COUNTY: Area 1: Western part Area 2: Remainder SISKIYOU COUNTY: Area 1: Central part Area 2: Remainder SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Remainder TEHAMA COUNTY: Area 1: All but the Western border with Mendocino & Trinity Counties Area 2: Remainder TRINITY COUNTY: Area 1: East Central part and the Northeastern border with Shasta County Area 2: Remainder TUOLUMNE COUNTY: Area 1: Except Eastern part Area 2: Eastern part ---------------------------------------------------------------- ENGI0003-018 06/26/2017 "AREA 1" WAGE RATES ARE LISTED BELOW "AREA 2" RECEIVES AN ADDITIONAL $2.00 PER HOUR ABOVE AREA 1 RATES. SEE AREA DEFINITIONS BELOW Rates Fringes OPERATOR: Power Equipment (AREA 1:) GROUP 1.....................$ 44.67 30.39 GROUP 2.....................$ 43.14 30.39 GROUP 3.....................$ 41.66 30.39 GROUP 4.....................$ 40.28 30.39 GROUP 5.....................$ 39.01 30.39 GROUP 6.....................$ 37.69 30.39 GROUP 7.....................$ 36.55 30.39 GROUP 8.....................$ 35.41 30.39 GROUP 8-A...................$ 33.20 30.39 OPERATOR: Power Equipment (Cranes and Attachments - AREA 1:) GROUP 1 Cranes.....................$ 46.30 30.39 Oiler......................$ 36.63 30.39 Truck crane oiler..........$ 39.20 30.39 GROUP 2 Cranes.....................$ 43.79 30.39 Oiler......................$ 36.36 30.39 Truck crane oiler..........$ 38.98 30.39 GROUP 3 Cranes.....................$ 42.05 30.39 Hydraulic..................$ 38.32 30.39 Oiler......................$ 36.14 30.39 Truck Crane Oiler..........$ 38.71 30.39 GROUP 4 Cranes.....................$ 39.01 30.39 OPERATOR: Power Equipment (Piledriving - AREA 1:) GROUP 1 Lifting devices............$ 45.89 30.39 Oiler......................$ 36.63 30.39 Truck crane oiler..........$ 39.20 30.39 GROUP 2 Lifting devices............$ 44.07 30.39 Oiler......................$ 36.36 30.39 Truck Crane Oiler..........$ 38.98 30.39 GROUP 3 Lifting devices............$ 42.39 30.39 Oiler......................$ 36.14 30.39 Truck Crane Oiler..........$ 38.71 30.39 GROUP 4 Lifting devices............$ 40.62 30.39 GROUP 5 Lifting devices............$ 39.32 30.39 GROUP 6 Lifting devices............$ 37.98 30.39 OPERATOR: Power Equipment (Steel Erection - AREA 1:) GROUP 1 Cranes.....................$ 46.30 30.39 Oiler......................$ 36.63 30.39 Truck Crane Oiler..........$ 39.20 30.39 GROUP 2 Cranes.....................$ 43.79 30.39 Oiler......................$ 36.36 30.39 Truck Crane Oiler..........$ 38.98 30.39 GROUP 3 Cranes.....................$ 42.05 30.39 Hydraulic..................$ 38.32 30.39 Oiler......................$ 36.14 30.39 Truck Crane Oiler..........$ 38.71 30.39 GROUP 4 Cranes.....................$ 39.01 30.39 GROUP 5 Cranes.....................$ 35.13 30.39 OPERATOR: Power Equipment (Tunnel and Underground Work - AREA 1:) SHAFTS, STOPES, RAISES: GROUP 1....................$ 40.77 30.39 GROUP 1-A..................$ 43.24 30.39 GROUP 2....................$ 39.51 30.39 GROUP 3....................$ 38.18 30.39 GROUP 4....................$ 37.04 30.39 GROUP 5....................$ 35.90 30.39 UNDERGROUND: GROUP 1....................$ 40.67 30.39 GROUP 1-A..................$ 43.14 30.39 GROUP 2....................$ 39.41 30.39 GROUP 3....................$ 38.08 30.39 GROUP 4....................$ 36.94 30.39 GROUP 5....................$ 35.80 30.39 FOOTNOTE: Work suspended by ropes or cables, or work on a Yo-Yo Cat: $.60 per hour additional. POWER EQUIPMENT OPERATOR CLASSIFICATIONS GROUP 1: Operator of helicopter (when used in erection work); Hydraulic excavator, 7 cu. yds. and over; Power shovels, over 7 cu. yds. GROUP 2: Highline cableway; Hydraulic excavator, 3-1/2 cu. yds. up to 7 cu. yds.; Licensed construction work boat operator, on site; Power blade operator (finish); Power shovels, over 1 cu. yd. up to and including 7 cu. yds. m.r.c. GROUP 3: Asphalt milling machine; Cable backhoe; Combination backhoe and loader over 3/4 cu. yds.; Continuous flight tie back machine assistant to engineer or mechanic; Crane mounted continuous flight tie back machine, tonnage to apply; Crane mounted drill attachment, tonnage to apply; Dozer, slope brd; Gradall; Hydraulic excavator, up to 3 1/2 cu. yds.; Loader 4 cu. yds. and over; Long reach excavator; Multiple engine scraper (when used as push pull); Power shovels, up to and including 1 cu. yd.; Pre-stress wire wrapping machine; Side boom cat, 572 or larger; Track loader 4 cu. yds. and over; Wheel excavator (up to and including 750 cu. yds. per hour) GROUP 4: Asphalt plant engineer/box person; Chicago boom; Combination backhoe and loader up to and including 3/4 cu. yd.; Concrete batch plant (wet or dry); Dozer and/or push cat; Pull- type elevating loader; Gradesetter, grade checker (GPS, mechanical or otherwise); Grooving and grinding machine; Heading shield operator; Heavy-duty drilling equipment, Hughes, LDH, Watson 3000 or similar; Heavy-duty repairperson and/or welder; Lime spreader; Loader under 4 cu. yds.; Lubrication and service engineer (mobile and grease rack); Mechanical finishers or spreader machine (asphalt, Barber-Greene and similar); Miller Formless M-9000 slope paver or similar; Portable crushing and screening plants; Power blade support; Roller operator, asphalt; Rubber-tired scraper, self-loading (paddle-wheels, etc.); Rubber- tired earthmoving equipment (scrapers); Slip form paver (concrete); Small tractor with drag; Soil stabilizer (P & H or equal); Spider plow and spider puller; Tubex pile rig; Unlicensed constuction work boat operator, on site; Timber skidder; Track loader up to 4 yds.; Tractor-drawn scraper; Tractor, compressor drill combination; Welder; Woods-Mixer (and other similar Pugmill equipment) GROUP 5: Cast-in-place pipe laying machine; Combination slusher and motor operator; Concrete conveyor or concrete pump, truck or equipment mounted; Concrete conveyor, building site; Concrete pump or pumpcrete gun; Drilling equipment, Watson 2000, Texoma 700 or similar; Drilling and boring machinery, horizontal (not to apply to waterliners, wagon drills or jackhammers); Concrete mixer/all; Person and/or material hoist; Mechanical finishers (concrete) (Clary, Johnson, Bidwell Bridge Deck or similar types); Mechanical burm, curb and/or curb and gutter machine, concrete or asphalt); Mine or shaft hoist; Portable crusher; Power jumbo operator (setting slip-forms, etc., in tunnels); Screed (automatic or manual); Self-propelled compactor with dozer; Tractor with boom D6 or smaller; Trenching machine, maximum digging capacity over 5 ft. depth; Vermeer T-600B rock cutter or similar GROUP 6: Armor-Coater (or similar); Ballast jack tamper; Boom- type backfilling machine; Assistant plant engineer; Bridge and/or gantry crane; Chemical grouting machine, truck-mounted; Chip spreading machine operator; Concrete saw (self-propelled unit on streets, highways, airports and canals); Deck engineer; Drilling equipment Texoma 600, Hughes 200 Series or similar up to and including 30 ft. m.r.c.; Drill doctor; Helicopter radio operator; Hydro-hammer or similar; Line master; Skidsteer loader, Bobcat larger than 743 series or similar (with attachments); Locomotive; Lull hi-lift or similar; Oiler, truck mounted equipment; Pavement breaker, truck-mounted, with compressor combination; Paving fabric installation and/or laying machine; Pipe bending machine (pipelines only); Pipe wrapping machine (tractor propelled and supported); Screed (except asphaltic concrete paving); Self- propelled pipeline wrapping machine; Tractor; Self-loading chipper; Concrete barrier moving machine GROUP 7: Ballast regulator; Boom truck or dual-purpose A-frame truck, non-rotating - under 15 tons; Cary lift or similar; Combination slurry mixer and/or cleaner; Drilling equipment, 20 ft. and under m.r.c.; Firetender (hot plant); Grouting machine operator; Highline cableway signalperson; Stationary belt loader (Kolman or similar); Lift slab machine (Vagtborg and similar types); Maginnes internal full slab vibrator; Material hoist (1 drum); Mechanical trench shield; Pavement breaker with or without compressor combination); Pipe cleaning machine (tractor propelled and supported); Post driver; Roller (except asphalt); Chip Seal; Self-propelled automatically applied concrete curing mahcine (on streets, highways, airports and canals); Self-propelled compactor (without dozer); Signalperson; Slip-form pumps (lifting device for concrete forms); Tie spacer; Tower mobile; Trenching machine, maximum digging capacity up to and including 5 ft. depth; Truck- type loader GROUP 8: Bit sharpener; Boiler tender; Box operator; Brakeperson; Combination mixer and compressor (shotcrete/gunite); Compressor operator; Deckhand; Fire tender; Forklift (under 20 ft.); Generator; Gunite/shotcrete equipment operator; Hydraulic monitor; Ken seal machine (or similar); Mixermobile; Oiler; Pump operator; Refrigeration plant; Reservoir-debris tug (selfpropelled floating); Ross Carrier (construction site); Rotomist operator; Self-propelled tape machine; Shuttlecar; Self-propelled power sweeper operator (includes vacuum sweeper); Slusher operator; Surface heater; Switchperson; Tar pot firetender; Tugger hoist, single drum; Vacuum cooling plant; Welding machine (powered other than by electricity) GROUP 8-A: Elevator operator; Skidsteer loader-Bobcat 743 series or smaller, and similar (without attachments); Mini excavator under 25 H.P. (backhoe-trencher); Tub grinder wood chipper ---------------------------------------------------------- ALL CRANES AND ATTACHMENTS GROUP 1: Clamshell and dragline over 7 cu. yds.; Crane, over 100 tons; Derrick, over 100 tons; Derrick barge pedestal-mounted, over 100 tons; Self-propelled boom-type lifting device, over 100 tons GROUP 2: Clamshell and dragline over 1 cu. yd. up to and including 7 cu. yds.; Crane, over 45 tons up to and including 100 tons; Derrick barge, 100 tons and under; Self-propelled boom-type lifting device, over 45 tons; Tower crane GROUP 3: Clamshell and dragline up to and including 1 cu. yd.; Cranes 45 tons and under; Self-propelled boom-type lifting device 45 tons and under; GROUP 4: Boom Truck or dual purpose A-frame truck, non-rotating over 15 tons; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) over 15 tons; Truck-mounted rotating telescopic boom type lifting device, Manitex or similar (boom truck) - under 15 tons; ----------------------------------------------------------- PILEDRIVERS GROUP 1: Derrick barge pedestal mounted over 100 tons; Clamshell over 7 cu. yds.; Self-propelled boom-type lifting device over 100 tons; Truck crane or crawler, land or barge mounted over 100 tons GROUP 2: Derrick barge pedestal mounted 45 tons to and including 100 tons; Clamshell up to and including 7 cu. yds.; Self-propelled boom-type lifting device over 45 tons; Truck crane or crawler, land or barge mounted, over 45 tons up to and including 100 tons; Fundex F-12 hydraulic pile rig GROUP 3: Derrick barge pedestal mounted under 45 tons; Selfpropelled boom-type lifting device 45 tons and under; Skid/scow piledriver, any tonnage; Truck crane or crawler, land or barge mounted 45 tons and under GROUP 4: Assistant operator in lieu of assistant to engineer; Forklift, 10 tons and over; Heavy-duty repairperson/welder GROUP 5: Deck engineer GROUP 6: Deckhand; Fire tender ------------------------------------------------------------- STEEL ERECTORS GROUP 1: Crane over 100 tons; Derrick over 100 tons; Selfpropelled boom-type lifting device over 100 tons GROUP 2: Crane over 45 tons to 100 tons; Derrick under 100 tons; Self-propelled boom-type lifting device over 45 tons to 100 tons; Tower crane GROUP 3: Crane, 45 tons and under; Self-propelled boom-type lifting device, 45 tons and under GROUP 4: Chicago boom; Forklift, 10 tons and over; Heavy-duty repair person/welder GROUP 5: Boom cat -------------------------------------------------------------- -- TUNNEL AND UNDERGROUND WORK GROUP 1-A: Tunnel bore machine operator, 20' diameter or more GROUP 1: Heading shield operator; Heavy-duty repairperson; Mucking machine (rubber tired, rail or track type); Raised bore operator (tunnels); Tunnel mole bore operator GROUP 2: Combination slusher and motor operator; Concrete pump or pumpcrete gun; Power jumbo operator GROUP 3: Drill doctor; Mine or shaft hoist GROUP 4: Combination slurry mixer cleaner; Grouting Machine operator; Motorman GROUP 5: Bit Sharpener; Brakeman; Combination mixer and compressor (gunite); Compressor operator; Oiler; Pump operator; Slusher operator ----------------------------------------------------------- AREA DESCRIPTIONS: POWER EQUIPMENT OPERATORS, CRANES AND ATTACHMENTS,TUNNEL AND UNDERGROUND [These areas do not apply to Piledrivers and Steel Erectors] AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES AREA 2 - MODOC COUNTY THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: ALPINE COUNTY: Area 1: Northernmost part Area 2: Remainder CALAVERAS COUNTY: Area 1: Except Eastern part Area 2: Eastern part COLUSA COUNTY: Area 1: Eastern part Area 2: Remainder DEL NORTE COUNTY: Area 1: Extreme Southwestern corner Area 2: Remainder ELDORADO COUNTY: Area 1: North Central part Area 2: Remainder FRESNO COUNTY Area 1: Except Eastern part Area 2: Eastern part GLENN COUNTY: Area 1: Eastern part Area 2: Remainder HUMBOLDT COUNTY: Area 1: Except Eastern and Southwestern parts Area 2: Remainder LAKE COUNTY: Area 1: Southern part Area 2: Remainder LASSEN COUNTY: Area 1: Western part along the Southern portion of border with Shasta County Area 2: Remainder MADERA COUNTY Area 1: Remainder Area 2: Eastern part MARIPOSA COUNTY Area 1: Remainder Area 2: Eastern part MENDOCINO COUNTY: Area 1: Central and Southeastern parts Area 2: Remainder MONTEREY COUNTY Area 1: Remainder Area 2: Southwestern part NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County Area 2: Remainder PLACER COUNTY: Area 1: All but the Central portion Area 2: Remainder PLUMAS COUNTY: Area 1: Western portion Area 2: Remainder SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder SIERRA COUNTY: Area 1: Western part Area 2: Remainder SISKIYOU COUNTY: Area 1: Central part Area 2: Remainder SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Reaminder TEHAMA COUNTY: Area 1: All but the Western border with mendocino & Trinity Counties Area 2: Remainder TRINITY COUNTY: Area 1: East Central part and the Northeaster border with Shasta County Area 2: Remainder TULARE COUNTY; Area 1: Remainder Area 2: Eastern part TUOLUMNE COUNTY: Area 1: Remainder Area 2: Eastern Part ---------------------------------------------------------------- ENGI0003-019 07/26/2017 SEE AREA DESCRIPTIONS BELOW Rates Fringes OPERATOR: Power Equipment (LANDSCAPE WORK ONLY) GROUP 1 AREA 1.....................$ 34.05 28.73 AREA 2.....................$ 36.05 28.73 GROUP 2 AREA 1.....................$ 30.45 28.73 AREA 2.....................$ 32.45 28.73 GROUP 3 AREA 1.....................$ 25.84 28.73 AREA 2.....................$ 27.84 28.73 GROUP DESCRIPTIONS: GROUP 1: Landscape Finish Grade Operator: All finish grade work regardless of equipment used, and all equipment with a rating more than 65 HP. GROUP 2: Landscape Operator up to 65 HP: All equipment with a manufacturer's rating of 65 HP or less except equipment covered by Group 1 or Group 3. The following equipment shall be included except when used for finish work as long as manufacturer's rating is 65 HP or less: A-Frame and Winch Truck, Backhoe, Forklift, Hydragraphic Seeder Machine, Roller, Rubber-Tired and Track Earthmoving Equipment, Skiploader, Straw Blowers, and Trencher 31 HP up to 65 HP. GROUP 3: Landscae Utility Operator: Small Rubber-Tired Tractor, Trencher Under 31 HP. AREA DESCRIPTIONS: AREA 1: ALAMEDA, BUTTE, CONTRA COSTA, KINGS, MARIN, MERCED, NAPA, SACRAMENTO, SAN BENITO, SAN FRANCISCO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, SOLANO, STANISLAUS, SUTTER, YOLO, AND YUBA COUNTIES AREA 2 - MODOC COUNTY THE REMAINING COUNTIES ARE SPLIT BETWEEN AREA 1 AND AREA 2 AS NOTED BELOW: ALPINE COUNTY: Area 1: Northernmost part Area 2: Remainder CALAVERAS COUNTY: Area 1: Except Eastern part Area 2: Eastern part COLUSA COUNTY: Area 1: Eastern part Area 2: Remainder DEL NORTE COUNTY: Area 1: Extreme Southwestern corner Area 2: Remainder ELDORADO COUNTY: Area 1: North Central part Area 2: Remainder FRESNO COUNTY Area 1: Except Eastern part Area 2: Eastern part GLENN COUNTY: Area 1: Eastern part Area 2: Remainder HUMBOLDT COUNTY: Area 1: Except Eastern and Southwestern parts Area 2: Remainder LAKE COUNTY: Area 1: Southern part Area 2: Remainder LASSEN COUNTY: Area 1: Western part along the Southern portion of border with Shasta County Area 2: Remainder MADERA COUNTY Area 1: Remainder Area 2: Eastern part MARIPOSA COUNTY Area 1: Remainder Area 2: Eastern part MENDOCINO COUNTY: Area 1: Central and Southeastern parts Area 2: Remainder MONTEREY COUNTY Area 1: Remainder Area 2: Southwestern part NEVADA COUNTY: Area 1: All but the Northern portion along the border of Sierra County Area 2: Remainder PLACER COUNTY: Area 1: All but the Central portion Area 2: Remainder PLUMAS COUNTY: Area 1: Western portion Area 2: Remainder SHASTA COUNTY: Area 1: All but the Northeastern corner Area 2: Remainder SIERRA COUNTY: Area 1: Western part Area 2: Remainder SISKIYOU COUNTY: Area 1: Central part Area 2: Remainder SONOMA COUNTY: Area 1: All but the Northwestern corner Area 2: Reaminder TEHAMA COUNTY: Area 1: All but the Western border with mendocino & Trinity Counties Area 2: Remainder TRINITY COUNTY: Area 1: East Central part and the Northeaster border with Shasta County Area 2: Remainder TULARE COUNTY; Area 1: Remainder Area 2: Eastern part TUOLUMNE COUNTY: Area 1: Remainder Area 2: Eastern Part ---------------------------------------------------------------- IRON0377-002 07/01/2016 Rates Fringes Ironworkers: Fence Erector...............$ 28.33 20.64 Ornamental, Reinforcing and Structural..............$ 34.75 29.20 PREMIUM PAY: $6.00 additional per hour at the following locations: China Lake Naval Test Station, Chocolate Mountains Naval Reserve-Niland, Edwards AFB, Fort Irwin Military Station, Fort Irwin Training Center-Goldstone, San Clemente Island, San Nicholas Island, Susanville Federal Prison, 29 Palms - Marine Corps, U.S. Marine Base - Barstow, U.S. Naval Air Facility - Sealey, Vandenberg AFB $4.00 additional per hour at the following locations: Army Defense Language Institute - Monterey, Fallon Air Base, Naval Post Graduate School - Monterey, Yermo Marine Corps Logistics Center $2.00 additional per hour at the following locations: Port Hueneme, Port Mugu, U.S. Coast Guard Station - Two Rock ---------------------------------------------------------------- LABO0067-002 06/27/2016 AREA "A" - ALAMEDA, CONTRA COSTA, MARIN, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES AREA "B" - ALPINE, AMADOR, BUTTE, CALAVERAS, COLUSA, DEL NORTE, EL DORADO, FRESNO, GLENN, HUMBOLDT, KINGS, LAKE, LASSEN, MADERA, MARIPOSA, MENDOCINO, MERCED, MODOC, MONTEREY, NAPA, NEVADA, PLACER, PLUMAS, SACRAMENTO, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, SHASTA, SIERRA, SISKIYOU, SOLANO, SONOMA, STANISLAUS, SUTTER, TEHAMA, TRINITY, TULARE, TUOLUMNE, YOLO AND YUBA COUNTIES Rates Fringes Asbestos Removal Laborer Areas A & B.................$ 20.66 10.02 LABORER (Lead Removal) Area A......................$ 30.00 21.34 Area B......................$ 29.00 21.34 ASBESTOS REMOVAL-SCOPE OF WORK: Site mobilization; initial site clean-up; site preparation; removal of asbestos-containing materials from walls and ceilings; or from pipes, boilers and mechanical systems only if they are being scrapped; encapsulation, enclosure and disposal of asbestos-containing materials by hand or with equipment or machinery; scaffolding; fabrication of temporary wooden barriers; and assembly of decontamination stations. ---------------------------------------------------------------- LABO0073-002 06/30/2014 CALAVERAS AND SAN JOAQUIN COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 27.14 19.03 Traffic Control Person I....$ 27.44 19.03 Traffic Control Person II...$ 24.94 19.03 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- * LABO0073-003 07/01/2017 SAN JOAQUIN COUNTY Rates Fringes LABORER Mason Tender-Brick..........$ 30.45 19.58 ---------------------------------------------------------------- LABO0073-005 06/30/2014 Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 34.60 19.49 GROUP 2.....................$ 34.37 19.49 GROUP 3.....................$ 34.12 19.49 GROUP 4.....................$ 33.67 19.49 GROUP 5.....................$ 33.13 19.49 Shotcrete Specialist........$ 35.12 19.49 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- * LABO0073-007 06/26/2017 CALAVERAS COUNTY Rates Fringes Laborers: (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group.......................$ 29.49 22.15 GROUP 1.....................$ 28.79 22.15 GROUP 1-a...................$ 29.01 22.15 GROUP 1-c...................$ 28.84 22.15 GROUP 1-e...................$ 29.34 22.15 GROUP 1-f...................$ 29.37 22.15 GROUP 2.....................$ 28.64 22.15 GROUP 3.....................$ 28.54 22.15 GROUP 4.....................$ 22.23 22.15 See groups 1-b and 1-d under laborer classifications. Laborers: (GUNITE - AREA B:) GROUP 1.....................$ 28.35 18.66 GROUP 2.....................$ 27.85 18.66 GROUP 3.....................$ 27.26 18.66 GROUP 4.....................$ 27.14 18.66 Laborers: (WRECKING - AREA B:) GROUP 1.....................$ 27.39 18.66 GROUP 2.....................$ 27.24 18.66 Landscape Laborer (GARDENERS, HORTICULURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction........$ 27.14 18.66 (2) Establishment Warranty Period......................$ 20.83 18.66 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. "Sewer cleaner" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification "material cleaner" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of "form stripping, cleaning and oiling and moving to the next point of erection". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- * LABO0074-005 05/26/2017 SAN JOAQUIN COUNTY Rates Fringes Laborers: (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group.......................$ 29.49 22.15 GROUP 1.....................$ 28.79 22.15 GROUP 1-a...................$ 29.01 22.15 GROUP 1-c...................$ 28.84 22.15 GROUP 1-e...................$ 29.34 22.15 GROUP 1-f...................$ 29.37 22.15 GROUP 2.....................$ 28.64 22.15 GROUP 3.....................$ 28.54 22.15 GROUP 4.....................$ 22.23 22.15 See groups 1-b and 1-d under laborer classifications. Laborers: (GUNITE - AREA B:) GROUP 1.....................$ 28.35 18.66 GROUP 2.....................$ 27.85 18.66 GROUP 3.....................$ 27.26 18.66 GROUP 4.....................$ 27.14 18.66 Laborers: (WRECKING - AREA A:) GROUP 1.....................$ 28.39 18.66 GROUP 2.....................$ 28.24 18.66 Laborers: (WRECKING - AREA B:) GROUP 1.....................$ 27.39 18.66 GROUP 2.....................$ 27.24 18.66 Landscape Laborer (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction........$ 28.14 18.66 (2) Establishment Warranty Period......................$ 21.83 18.66 Landscape Laborer (GARDENERS, HORTICULURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction........$ 27.14 18.66 (2) Establishment Warranty Period......................$ 20.83 18.66 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. "Sewer cleaner" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification "material cleaner" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of "form stripping, cleaning and oiling and moving to the next point of erection". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- * LABO0185-004 06/26/2017 ALPINE, AMADOR, BUTTE, COLUSA, EL DORADO, GLENN, LASSEN, MODOC, NEVADA, PLACER, PLUMAS, SACRAMENTO, SHASTA, SIERRA, SISKIYOU, SUTTER, TEHAMA, YOLO AND YUBA COUNTIES Rates Fringes Laborers: (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group.......................$ 29.49 22.15 GROUP 1.....................$ 28.79 22.15 GROUP 1-a...................$ 29.01 22.15 GROUP 1-c...................$ 28.84 22.15 GROUP 1-e...................$ 29.34 22.15 GROUP 1-f...................$ 29.37 22.15 GROUP 2.....................$ 28.64 22.15 GROUP 3.....................$ 28.54 22.15 GROUP 4.....................$ 22.23 22.15 See groups 1-b and 1-d under laborer classifications. Laborers: (GUNITE - AREA B:) GROUP 1.....................$ 28.35 18.66 GROUP 2.....................$ 27.85 18.66 GROUP 3.....................$ 27.26 18.66 GROUP 4.....................$ 27.14 18.66 Laborers: (WRECKING - AREA B:) GROUP 1.....................$ 27.39 18.66 GROUP 2.....................$ 27.24 18.66 Landscape Laborer (GARDENERS, HORTICULURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction........$ 27.14 18.66 (2) Establishment Warranty Period......................$ 20.83 18.66 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. "Sewer cleaner" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification "material cleaner" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of "form stripping, cleaning and oiling and moving to the next point of erection". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0261-003 06/30/2014 SAN FRANCISCO AND SAN MATEO COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 28.14 19.03 Traffic Control Person I....$ 28.44 19.03 Traffic Control Person II...$ 25.94 19.03 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0261-005 06/30/2014 SAN FRANCISCO AND SAN MATEO COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 34.60 19.49 GROUP 2.....................$ 34.37 19.49 GROUP 3.....................$ 34.12 19.49 GROUP 4.....................$ 33.67 19.49 GROUP 5.....................$ 33.13 19.49 Shotcrete Specialist........$ 35.12 19.49 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- * LABO0261-009 06/26/2017 SAN FRANCISCO, AND SAN MATEO COUNTIES Rates Fringes Laborers: (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group.......................$ 30.49 22.15 GROUP 1.....................$ 29.79 22.15 GROUP 1-a...................$ 30.01 22.15 GROUP 1-c...................$ 29.84 22.15 GROUP 1-e...................$ 30.34 22.15 GROUP 1-f...................$ 30.37 22.15 GROUP 2.....................$ 29.64 22.15 GROUP 3.....................$ 29.54 22.15 GROUP 4.....................$ 23.23 22.15 See groups 1-b and 1-d under laborer classifications. Laborers: (GUNITE - AREA A:) GROUP 1.....................$ 29.35 18.66 GROUP 2.....................$ 28.85 18.66 GROUP 3.....................$ 28.26 18.66 GROUP 4.....................$ 28.14 18.66 Laborers: (WRECKING - AREA A:) GROUP 1.....................$ 28.39 18.66 GROUP 2.....................$ 28.24 18.66 Landscape Laborer (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction........$ 28.14 18.66 (2) Establishment Warranty Period......................$ 21.83 18.66 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. "Sewer cleaner" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification "material cleaner" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of "form stripping, cleaning and oiling and moving to the next point of erection". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- * LABO0261-011 05/01/2017 SAN FRANCISCO AND SAN MATEO COUNTIES: Rates Fringes MASON TENDER, BRICK..............$ 33.18 21.49 FOOTNOTES: Underground work such as sewers, manholes, catch basins, sewer pipes, telephone conduits, tunnels and cut trenches: $5.00 per day additional. Work in live sewage: $2.50 per day additional. ---------------------------------------------------------------- LABO0270-003 06/30/2014 AREA A: SANTA CLARA AREA B: MONTEREY, SAN BENITO AND SANTA CRUZ COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person Area A.....................$ 28.14 19.03 Area B.....................$ 27.14 19.03 Traffic Control Person I Area A.....................$ 28.44 19.03 Area B.....................$ 27.44 19.03 Traffic Control Person II Area A.....................$ 25.94 19.03 Area B.....................$ 24.94 19.03 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0270-004 06/30/2014 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 34.60 19.49 GROUP 2.....................$ 34.37 19.49 GROUP 3.....................$ 34.12 19.49 GROUP 4.....................$ 33.67 19.49 GROUP 5.....................$ 33.13 19.49 Shotcrete Specialist........$ 35.12 19.49 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- * LABO0270-005 07/01/2017 MONTEREY AND SAN BENITO COUNTIES Rates Fringes LABORER Mason Tender-Brick..........$ 30.45 19.58 ---------------------------------------------------------------- * LABO0270-007 06/26/2017 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ, COUNTIES Rates Fringes Laborers: (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group.......................$ 29.49 22.15 GROUP 1.....................$ 28.78 22.15 GROUP 1-a...................$ 29.01 22.15 GROUP 1-c...................$ 28.84 22.15 GROUP 1-e...................$ 29.34 22.15 GROUP 1-f...................$ 29.37 22.15 GROUP 2.....................$ 28.64 22.15 GROUP 3.....................$ 28.54 22.15 GROUP 4.....................$ 22.23 22.15 See groups 1-b and 1-d under laborer classifications. Laborers: (GUNITE - AREA B:) GROUP 1.....................$ 28.35 18.66 GROUP 2.....................$ 27.85 18.66 GROUP 3.....................$ 27.26 18.66 GROUP 4.....................$ 27.14 18.66 Laborers: (WRECKING - AREA B:) GROUP 1.....................$ 27.39 18.66 GROUP 2.....................$ 27.24 18.66 Landscape Laborer (GARDENERS, HORTICULURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction........$ 27.14 18.66 (2) Establishment Warranty Period......................$ 20.83 18.66 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. "Sewer cleaner" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification "material cleaner" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of "form stripping, cleaning and oiling and moving to the next point of erection". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- * LABO0294-001 07/01/2017 FRESNO, KINGS AND MADERA COUNTIES Rates Fringes LABORER (Brick) Mason Tender-Brick..........$ 30.45 19.58 ---------------------------------------------------------------- LABO0294-002 06/30/2014 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 27.14 19.03 Traffic Control Person I....$ 27.44 19.03 Traffic Control Person II...$ 24.94 19.03 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0294-005 06/30/2014 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 34.60 19.49 GROUP 2.....................$ 34.37 19.49 GROUP 3.....................$ 34.12 19.49 GROUP 4.....................$ 33.67 19.49 GROUP 5.....................$ 33.13 19.49 Shotcrete Specialist........$ 35.12 19.49 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- * LABO0294-008 06/26/2017 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes Laborers: (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group.......................$ 29.49 22.15 GROUP 1.....................$ 28.79 22.15 GROUP 1-a...................$ 29.01 22.15 GROUP 1-c...................$ 28.84 22.15 GROUP 1-e...................$ 29.34 22.15 GROUP 1-f...................$ 29.37 22.15 GROUP 2.....................$ 28.64 22.15 GROUP 3.....................$ 28.54 22.15 GROUP 4.....................$ 22.23 22.15 See groups 1-b and 1-d under laborer classifications. Laborers: (GUNITE - AREA B:) GROUP 1.....................$ 28.35 18.66 GROUP 2.....................$ 27.85 18.66 GROUP 3.....................$ 27.26 18.66 GROUP 4.....................$ 27.14 18.66 Laborers: (WRECKING - AREA B:) GROUP 1.....................$ 27.39 18.66 GROUP 2.....................$ 27.24 18.66 Landscape Laborer (GARDENERS, HORTICULURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction........$ 27.14 18.66 (2) Establishment Warranty Period......................$ 20.83 18.66 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. "Sewer cleaner" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification "material cleaner" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of "form stripping, cleaning and oiling and moving to the next point of erection". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- LABO0304-002 06/30/2014 ALAMEDA COUNTY Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 28.14 19.03 Traffic Control Person I....$ 28.44 19.03 Traffic Control Person II...$ 25.94 19.03 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0304-003 06/30/2014 ALAMEDA COUNTY Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 34.60 19.49 GROUP 2.....................$ 34.37 19.49 GROUP 3.....................$ 34.12 19.49 GROUP 4.....................$ 33.67 19.49 GROUP 5.....................$ 33.13 19.49 Shotcrete Specialist........$ 35.12 19.49 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- * LABO0304-004 06/26/2017 ALAMEDA COUNTY Rates Fringes Laborers: (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group.......................$ 30.49 22.15 GROUP 1.....................$ 29.79 22.15 GROUP 1-a...................$ 30.01 22.15 GROUP 1-c...................$ 29.84 22.15 GROUP 1-e...................$ 30.34 22.15 GROUP 1-f...................$ 30.37 22.15 GROUP 1-g (Contra Costa County).....................$ 28.59 18.66 GROUP 2.....................$ 29.64 22.15 GROUP 3.....................$ 29.54 22.15 GROUP 4.....................$ 23.23 22.15 See groups 1-b and 1-d under laborer classifications. Laborers: (GUNITE - AREA A:) GROUP 1.....................$ 29.35 18.66 GROUP 2.....................$ 28.85 18.66 GROUP 3.....................$ 28.26 18.66 GROUP 4.....................$ 28.14 18.66 Laborers: (WRECKING - AREA A:) GROUP 1.....................$ 28.39 18.66 GROUP 2.....................$ 28.24 18.66 Landscape Laborer (GARDENERS, HORTICULTURAL & LANDSCAPE LABORERS - AREA A:) (1) New Construction........$ 28.14 18.66 (2) Establishment Warranty Period......................$ 21.83 18.66 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. "Sewer cleaner" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification "material cleaner" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of "form stripping, cleaning and oiling and moving to the next point of erection". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- * LABO0304-005 05/01/2017 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Brick Tender.....................$ 33.18 21.49 FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LABO0324-002 06/30/2014 CONTRA COSTA COUNTY Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 28.14 19.03 Traffic Control Person I....$ 28.44 19.03 Traffic Control Person II...$ 25.94 19.03 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO0324-006 06/30/2014 CONTRA COSTA COUNTY Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 34.60 19.49 GROUP 2.....................$ 34.37 19.49 GROUP 3.....................$ 34.12 19.49 GROUP 4.....................$ 33.67 19.49 GROUP 5.....................$ 33.13 19.49 Shotcrete Specialist........$ 35.12 19.49 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- * LABO0324-012 06/26/2017 CONTRA COSTA COUNTY Rates Fringes Laborers: (CONSTRUCTION CRAFT LABORERS - AREA A:) Construction Specialist Group.......................$ 30.49 22.15 GROUP 1.....................$ 29.79 22.15 GROUP 1-a...................$ 30.01 22.15 GROUP 1-c...................$ 29.84 22.15 GROUP 1-e...................$ 30.34 22.15 GROUP 1-f...................$ 30.37 22.15 GROUP 1-g...................$ 29.99 22.15 GROUP 2.....................$ 29.64 22.15 GROUP 3.....................$ 29.54 22.15 GROUP 4.....................$ 23.23 22.15 See groups 1-b and 1-d under laborer classifications. Laborers: (GUNITE - AREA B:) GROUP 1.....................$ 28.35 18.66 GROUP 2.....................$ 27.85 18.66 GROUP 3.....................$ 27.26 18.66 GROUP 4.....................$ 27.14 18.66 Laborers: (WRECKING - AREA B:) GROUP 1.....................$ 27.39 18.66 GROUP 2.....................$ 27.24 18.66 Landscape Laborer (GARDENERS, HORTICULURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction........$ 27.14 18.66 (2) Establishment Warranty Period......................$ 20.83 18.66 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. "Sewer cleaner" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification "material cleaner" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of "form stripping, cleaning and oiling and moving to the next point of erection". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters ---------------------------------------------------------------- * LABO0324-014 05/01/2017 CONTRA COSTA COUNTY: Rates Fringes Brick Tender.....................$ 33.18 21.49 FOOTNOTES: Work on jobs where heat-protective clothing is required: $2.00 per hour additional. Work at grinders: $.25 per hour additional. Manhole work: $2.00 per day additional. ---------------------------------------------------------------- LABO1130-002 06/30/2014 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes LABORER (TRAFFIC CONTROL/LANE CLOSURE) Escort Driver, Flag Person..$ 27.14 19.03 Traffic Control Person I....$ 27.44 19.03 Traffic Control Person II...$ 24.94 19.03 TRAFFIC CONTROL PERSON I: Layout of traffic control, crash cushions, construction area and roadside signage. TRAFFIC CONTROL PERSON II: Installation and removal of temporary/permanent signs, markers, delineators and crash cushions. ---------------------------------------------------------------- LABO1130-003 06/30/2014 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE COUNTIES Rates Fringes Tunnel and Shaft Laborers: GROUP 1.....................$ 34.60 19.49 GROUP 2.....................$ 34.37 19.49 GROUP 3.....................$ 34.12 19.49 GROUP 4.....................$ 33.67 19.49 GROUP 5.....................$ 33.13 19.49 Shotcrete Specialist........$ 35.12 19.49 TUNNEL AND SHAFT CLASSIFICATIONS GROUP 1: Diamond driller; Groundmen; Gunite and shotcrete nozzlemen GROUP 2: Rodmen; Shaft work & raise (below actual or excavated ground level) GROUP 3: Bit grinder; Blaster, driller, powdermen, heading; Cherry pickermen - where car is lifted; Concrete finisher in tunnel; Concrete screedman; Grout pumpman and potman; Gunite & shotcrete gunman & potman; Headermen; High pressure nozzleman; Miner - tunnel, including top and bottom man on shaft and raise work; Nipper; Nozzleman on slick line; Sandblaster - potman, Robotic Shotcrete Placer, Segment Erector, Tunnel Muck Hauler, Steel Form raiser and setter; Timberman, retimberman (wood or steel or substitute materials therefore); Tugger (for tunnel laborer work); Cable tender; Chuck tender; Powderman - primer house GROUP 4: Vibrator operator, pavement breaker; Bull gang - muckers, trackmen; Concrete crew - includes rodding and spreading, Dumpmen (any method) GROUP 5: Grout crew; Reboundman; Swamper/ Brakeman ---------------------------------------------------------------- * LABO1130-005 07/01/2017 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES Rates Fringes LABORER Mason Tender-Brick..........$ 30.45 19.58 ---------------------------------------------------------------- * LABO1130-007 06/26/2017 MARIPOSA, MERCED, STANISLAUS, AND TUOLUMNE , COUNTIES Rates Fringes Laborers: (CONSTRUCTION CRAFT LABORERS - AREA B:) Construction Specialist Group.......................$ 29.49 22.15 GROUP 1.....................$ 28.79 22.15 GROUP 1-a...................$ 29.01 22.15 GROUP 1-c...................$ 28.84 22.15 GROUP 1-e...................$ 29.34 22.15 GROUP 1-f...................$ 29.37 22.15 GROUP 2.....................$ 28.64 22.15 GROUP 3.....................$ 28.54 22.15 GROUP 4.....................$ 22.23 22.15 See groups 1-b and 1-d under laborer classifications. Laborers: (GUNITE - AREA B:) GROUP 1.....................$ 28.35 18.66 GROUP 2.....................$ 27.85 18.66 GROUP 3.....................$ 27.26 18.66 GROUP 4.....................$ 27.14 18.66 Laborers: (WRECKING - AREA B:) GROUP 1.....................$ 27.39 18.66 GROUP 2.....................$ 27.24 18.66 Landscape Laborer (GARDENERS, HORTICULURAL & LANDSCAPE LABORERS - AREA B:) (1) New Construction........$ 27.14 18.66 (2) Establishment Warranty Period......................$ 20.83 18.66 FOOTNOTES: Laborers working off or with or from bos'n chairs, swinging scaffolds, belts shall receive $0.25 per hour above the applicable wage rate. This shall not apply to workers entitled to receive the wage rate set forth in Group 1-a below. --------------------------------------------------------- LABORER CLASSIFICATIONS CONSTRUCTION SPECIALIST GROUP: Asphalt ironer and raker; Chainsaw; Laser beam in connection with laborers' work; Cast-in- place manhole form setter; Pressure pipelayer; Davis trencher - 300 or similar type (and all small trenchers); Blaster; Diamond driller; Multiple unit drill; Hydraulic drill GROUP 1: Asphalt spreader boxes (all types); Barko, Wacker and similar type tampers; Buggymobile; Caulker, bander, pipewrapper, conduit layer, plastic pipelayer; Certified hazardous waste worker including Leade Abatement; Compactors of all types; Concrete and magnesite mixer, 1/2 yd. and under; Concrete pan work; Concrete sander; Concrete saw; Cribber and/or shoring; Cut granite curb setter; Dri-pak-it machine; Faller, logloader and bucker; Form raiser, slip forms; Green cutter; Headerboard, Hubsetter, aligner, by any method; High pressure blow pipe (1-1/2" or over, 100 lbs. pressure/over); Hydro seeder and similar type; Jackhammer operator; Jacking of pipe over 12 inches; Jackson and similar type compactor; Kettle tender, pot and worker applying asphalt, lay-kold, creosote, lime, caustic and similar type materials (applying means applying, dipping or handling of such materials); Lagging, sheeting, whaling, bracing, trenchjacking, lagging hammer; Magnesite, epoxyresin, fiberglass, mastic worker (wet or dry); No joint pipe and stripping of same, including repair of voids; Pavement breaker and spader, including tool grinder; Perma curb; Pipelayer (including grade checking in connection with pipelaying); Precast-manhole setter; Pressure pipe tester; Post hole digger, air, gas and electric; Power broom sweeper; Power tampers of all types (except as shown in Group 2); Ram set gun and stud gun; Riprap stonepaver and rock-slinger, including placing of sacked concrete and/or sand (wet or dry) and gabions and similar type; Rotary scarifier or multiple head concrete chipping scarifier; Roto and Ditch Witch; Rototiller; Sandblaster, pot, gun, nozzle operators; Signalling and rigging; Tank cleaner; Tree climber; Turbo blaster; Vibrascreed, bull float in connection with laborers' work; Vibrator; Hazardous waste worker (lead removal); Asbestos and mold removal worker GROUP 1-a: Joy drill model TWM-2A; Gardner-Denver model DH143 and similar type drills; Track driller; Jack leg driller; Wagon driller; Mechanical drillers, all types regardless of type or method of power; Mechanical pipe layers, all types regardless of type or method of power; Blaster and powder; All work of loading, placing and blasting of all powder and explosives of whatever type regardless of method used for such loading and placing; High scalers (including drilling of same); Tree topper; Bit grinder GROUP 1-b: Sewer cleaners shall receive $4.00 per day above Group 1 wage rates. "Sewer cleaner" means any worker who handles or comes in contact with raw sewage in small diameter sewers. Those who work inside recently active, large diameter sewers, and all recently active sewer manholes shal receive $5.00 per day above Group 1 wage rates. GROUP 1-c: Burning and welding in connection with laborers' work; Synthetic thermoplastics and similar type welding GROUP 1-d: Maintenance and repair track and road beds. All employees performing work covered herein shall receive $ .25 per hour above their regular rate for all work performed on underground structures not specifically covered herein. This paragraph shall not be construed to apply to work below ground level in open cut. It shall apply to cut and cover work of subway construction after the temporary cover has been placed. GROUP 1-e: Work on and/or in bell hole footings and shafts thereof, and work on and in deep footings. (A deep footing is a hole 15 feet or more in depth.) In the event the depth of the footing is unknown at the commencement of excavation, and the final depth exceeds 15 feet, the deep footing wage rate would apply to all employees for each and every day worked on or in the excavation of the footing from the date of inception. GROUP 1-f: Wire winding machine in connection with guniting or shot crete GROUP 1-g, CONTRA COSTA COUNTY: Pipelayer (including grade checking in connection with pipelaying); Caulker; Bander; Pipewrapper; Conduit layer; Plastic pipe layer; Pressure pipe tester; No joint pipe and stripping of same, including repair of voids; Precast manhole setters, cast in place manhole form setters GROUP 2: Asphalt shoveler; Cement dumper and handling dry cement or gypsum; Choke-setter and rigger (clearing work); Concrete bucket dumper and chute; Concrete chipping and grinding; Concrete laborer (wet or dry); Driller tender, chuck tender, nipper; Guinea chaser (stake), grout crew; High pressure nozzle, adductor; Hydraulic monitor (over 100 lbs. pressure); Loading and unloading, carrying and hauling of all rods and materials for use in reinforcing concrete construction; Pittsburgh chipper and similar type brush shredders; Sloper; Single foot, hand-held, pneumatic tamper; All pneumatic, air, gas and electric tools not listed in Groups 1 through 1-f; Jacking of pipe - under 12 inches GROUP 3: Construction laborers, including bridge and general laborer; Dump, load spotter; Flag person; Fire watcher; Fence erector; Guardrail erector; Gardener, horticultural and landscape laborer; Jetting; Limber, brush loader and piler; Pavement marker (button setter); Maintenance, repair track and road beds; Streetcar and railroad construction track laborer; Temporary air and water lines, Victaulic or similar; Tool room attendant (jobsite only) GROUP 4: Final clean-up work of debris, grounds and building including but not limited to: street cleaner; cleaning and washing windows; brick cleaner (jobsite only); material cleaner (jobsite only). The classification "material cleaner" is to be utilized under the following conditions: A: at demolition site for the salvage of the material. B: at the conclusion of a job where the material is to be salvaged and stocked to be reused on another job. C: for the cleaning of salvage material at the jobsite or temporary jobsite yard. The material cleaner classification should not be used in the performance of "form stripping, cleaning and oiling and moving to the next point of erection". -------------------------------------------------------- GUNITE LABORER CLASSIFICATIONS GROUP 1: Structural Nozzleman GROUP 2: Nozzleman, Gunman, Potman, Groundman GROUP 3: Reboundman GROUP 4: Gunite laborer ---------------------------------------------------------- WRECKING WORK LABORER CLASSIFICATIONS GROUP 1: Skilled wrecker (removing and salvaging of sash, windows and materials) GROUP 2: Semi-skilled wrecker (salvaging of other building materials) ---------------------------------------------------------------- * LABO1414-004 07/01/2017 SAN FRANCISCO AND SAN MATEO COUNTIES: Rates Fringes PLASTER TENDER...................$ 34.70 23.11 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- * LABO1414-007 07/01/2017 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE Rates Fringes Plasterer tender.................$ 31.02 20.80 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- * LABO1414-008 07/01/2017 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Plasterer tender.................$ 34.70 23.11 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- LABO1414-010 08/03/2016 SANTA CLARA AND SANTA CRUZ COUNTIES Rates Fringes PLASTER TENDER 4 Stories and under.........$ 32.15 19.28 5 Stories and above.........$ 34.15 19.28 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- * LABO1414-011 07/01/2017 MONTEREY AND SAN BENITO COUNTIES Rates Fringes Plasterer tender.................$ 34.70 21.22 Work on a swing stage scaffold: $1.00 per hour additional. ---------------------------------------------------------------- PAIN0016-001 01/01/2017 ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN MATEO, SANTA CLARA, AND SANTA CRUZ COUNTIES Rates Fringes Painters:........................$ 38.87 22.83 PREMIUMS: EXOTIC MATERIALS - $0.75 additional per hour. SPRAY WORK: - $0.50 additional per hour. INDUSTRIAL PAINTING - $0.25 additional per hour [Work on industrial buildings used for the manufacture and processing of goods for sale or service; steel construction (bridges), stacks, towers, tanks, and similar structures] HIGH WORK: over 50 feet - $2.00 per hour additional 100 to 180 feet - $4.00 per hour additional Over 180 feet - $6.00 per houir additional ---------------------------------------------------------------- PAIN0016-003 01/01/2017 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO & SANTA CLARA COUNTIES AREA 2: CALAVERAS, MARIPOA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes Drywall Finisher/Taper AREA 1......................$ 44.16 25.64 AREA 2......................$ 40.03 24.29 ---------------------------------------------------------------- PAIN0016-012 01/01/2017 ALAMEDA, CONTRA COSTA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES Rates Fringes SOFT FLOOR LAYER.................$ 47.39 24.64 ---------------------------------------------------------------- PAIN0016-015 01/01/2017 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes PAINTER Brush.......................$ 32.16 18.26 FOOTNOTES: SPRAY/SANDBLAST: $0.50 additional per hour. EXOTIC MATERIALS: $1.00 additional per hour. HIGH TIME: Over 50 ft above ground or water level $2.00 additional per hour. 100 to 180 ft above ground or water level $4.00 additional per hour. Over 180 ft above ground or water level $6.00 additional per hour. ---------------------------------------------------------------- PAIN0016-022 01/01/2017 SAN FRANCISCO COUNTY Rates Fringes PAINTER..........................$ 42.49 22.83 ---------------------------------------------------------------- PAIN0169-001 01/01/2017 FRESNO, KINGS, MADERA, MARIPOSA AND MERCED COUNTIES: Rates Fringes GLAZIER..........................$ 34.93 24.03 ---------------------------------------------------------------- PAIN0169-005 01/01/2017 ALAMEDA CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA & SANTA CRUZ COUNTIES Rates Fringes GLAZIER..........................$ 45.13 26.79 ---------------------------------------------------------------- PAIN0294-004 07/01/2017 FRESNO, KINGS AND MADERA COUNTIES Rates Fringes PAINTER Brush, Roller...............$ 27.94 17.45 Drywall Finisher/Taper......$ 33.99 21.56 FOOTNOTE: Spray Painters & Paperhangers recive $1.00 additional per hour. Painters doing Drywall Patching receive $1.25 additional per hour. Lead Abaters & Sandblasters receive $1.50 additional per hour. High Time - over 30 feet (does not include work from a lift) $0.75 per hour additional. ---------------------------------------------------------------- PAIN0294-005 01/01/2017 FRESNO, KINGS & MADERA Rates Fringes SOFT FLOOR LAYER.................$ 31.49 19.23 ---------------------------------------------------------------- PAIN0767-001 01/01/2017 CALAVERAS, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes GLAZIER..........................$ 34.57 25.96 PAID HOLIDAYS: New Year's Day, Martin Luther King, Jr. Day, President's Day, Memorial Day, Independence Day, Labor Day, Veteran's Day, Thanksgiving Day, and Christmas Day. Employee rquired to wear a body harness shall receive $1.50 per hour above the basic hourly rate at any elevation. ---------------------------------------------------------------- PAIN1176-001 01/01/2017 HIGHWAY IMPR0VEMENT Rates Fringes Parking Lot Striping/Highway Marking: GROUP 1.....................$ 34.41 16.31 GROUP 2.....................$ 29.25 16.31 GROUP 3.....................$ 29.59 16.31 CLASSIFICATIONS GROUP 1: Striper: Layout and application of painted traffic stripes and marking; hot thermo plastic; tape, traffic stripes and markings GROUP 2: Gamecourt & Playground Installer GROUP 3: Protective Coating, Pavement Sealing ---------------------------------------------------------------- PAIN1237-003 01/01/2017 CALAVERAS; SAN JOAQUIN COUNTIES; STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes SOFT FLOOR LAYER.................$ 33.93 20.39 ---------------------------------------------------------------- PLAS0066-002 07/01/2017 ALAMEDA, CONTRA COSTA, SAN MATEO AND SAN FRANCISCO COUNTIES: Rates Fringes PLASTERER........................$ 40.51 27.13 ---------------------------------------------------------------- PLAS0300-001 07/01/2014 Rates Fringes PLASTERER AREA 188: Fresno...........$ 29.44 22.26 AREA 224: San Benito, Santa Clara, Santa Cruz.....$ 31.59 22.26 AREA 295: Calaveras & San Joaquin Counties...........$ 31.41 22.26 AREA 337: Monterey County..$ 30.52 22.26 AREA 429: Mariposa, Merced, Stanislaus, Tuolumne Counties...........$ 31.41 22.26 ---------------------------------------------------------------- PLAS0300-005 07/01/2017 Rates Fringes CEMENT MASON/CONCRETE FINISHER...$ 39.20 19.71 ---------------------------------------------------------------- PLUM0038-001 07/01/2017 SAN FRANCISCO COUNTY Rates Fringes PLUMBER (Plumber, Steamfitter, Refrigeration Fitter)..........................$ 70.00 43.24 ---------------------------------------------------------------- PLUM0038-005 07/01/2017 SAN FRANCISCO COUNTY Rates Fringes Landscape/Irrigation Fitter (Underground/Utility Fitter).....$ 59.50 38.24 ---------------------------------------------------------------- PLUM0062-001 01/01/2017 MONTEREY AND SANTA CRUZ COUNTIES Rates Fringes PLUMBER & STEAMFITTER............$ 41.90 29.59 ---------------------------------------------------------------- PLUM0159-001 07/01/2017 CONTRA COSTA COUNTY Rates Fringes Plumber and steamfitter (1) Refrigeration...........$ 56.92 35.94 (2) All other work..........$ 55.92 34.44 ---------------------------------------------------------------- PLUM0246-001 01/01/2017 FRESNO, KINGS & MADERA COUNTIES Rates Fringes PLUMBER & STEAMFITTER............$ 38.40 29.39 ---------------------------------------------------------------- PLUM0246-004 01/01/2017 FRESNO, MERCED & SAN JOAQUIN COUNIES Rates Fringes PLUMBER (PIPE TRADESMAN).........$ 13.00 10.74 PIPE TRADESMAN SCOPE OF WORK: Installation of corrugated metal piping for drainage, as well as installation of corrugated metal piping for culverts in connection with storm sewers and drains; Grouting, dry packing and diapering of joints, holes or chases including paving over joints, in piping; Temporary piping for dirt work for building site preparation; Operating jack hammers, pavement breakers, chipping guns, concrete saws and spades to cut holes, chases and channels for piping systems; Digging, grading, backfilling and ground preparation for all types of pipe to all points of the jobsite; Ground preparation including ground leveling, layout and planting of shrubbery, trees and ground cover, including watering, mowing, edging, pruning and fertilizing, the breaking of concrete, digging, backfilling and tamping for the preparation and completion of all work in connection with lawn sprinkler and landscaping; Loading, unloading and distributing materials at jobsite; Putting away materials in storage bins in jobsite secure storage area; Demolition of piping and fixtures for remodeling and additions; Setting up and tearing down work benches, ladders and job shacks; Clean-up and sweeping of jobsite; Pipe wrapping and waterproofing where tar or similar material is applied for protection of buried piping; Flagman ---------------------------------------------------------------- PLUM0342-001 07/01/2017 ALAMEDA & CONTRA COSTA COUNTIES Rates Fringes PIPEFITTER CONTRA COSTA COUNTY.........$ 58.10 42.45 PLUMBER, PIPEFITTER, STEAMFITTER ALAMEDA COUNTY..............$ 58.10 42.45 ---------------------------------------------------------------- PLUM0355-004 07/01/2015 ALAMEDA, CALAVERAS, CONTRA COSTA, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SAN MATEO, SANTA CLARA, SANTA CRUZ, STANISLAUS, AND TUOLUMNE COUNTIES: Rates Fringes Underground Utility Worker /Landscape Fitter...........$ 28.60 10.05 ---------------------------------------------------------------- PLUM0393-001 07/01/2017 SAN BENITO AND SANTA CLARA COUNTIES Rates Fringes PLUMBER/PIPEFITTER...............$ 60.91 39.58 ---------------------------------------------------------------- PLUM0442-001 01/01/2017 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS & TUOLUMNE COUNTIES Rates Fringes PLUMBER & STEAMFITTER............$ 40.00 28.39 ---------------------------------------------------------------- PLUM0467-001 07/01/2017 SAN MATEO COUNTY Rates Fringes Plumber/Pipefitter/Steamfitter...$ 62.70 34.21 ---------------------------------------------------------------- ROOF0027-002 01/01/2017 FRESNO, KINGS, AND MADERA COUNTIES Rates Fringes ROOFER...........................$ 26.01 14.21 FOOTNOTE: Work with pitch, pitch base of pitch impregnated products or any material containing coal tar pitch, on any building old or new, where both asphalt and pitchers are used in the application of a built-up roof or tear off: $2.00 per hour additional. ---------------------------------------------------------------- ROOF0040-002 08/01/2017 SAN FRANCISCO & SAN MATEO COUNTIES: Rates Fringes ROOFER...........................$ 37.88 18.22 ---------------------------------------------------------------- ROOF0081-001 08/01/2017 ALAMEDA AND CONTRA COSTA COUNTIES: Rates Fringes Roofer...........................$ 38.20 16.81 ---------------------------------------------------------------- ROOF0081-004 08/01/2017 CALAVERAS, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes ROOFER...........................$ 38.20 16.81 ---------------------------------------------------------------- ROOF0095-002 08/01/2017 MONTEREY, SAN BENITO, SANTA CLARA, AND SANTA CRUZ COUNTIES: Rates Fringes ROOFER Journeyman..................$ 41.56 17.47 Kettle person (2 kettles); Bitumastic, Enameler, Coal Tar, Pitch and Mastic worker......................$ 42.36 16.42 ---------------------------------------------------------------- SFCA0483-001 01/01/2017 ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO AND SANTA CLARA COUNTIES: Rates Fringes SPRINKLER FITTER (FIRE)..........$ 58.72 28.07 ---------------------------------------------------------------- SFCA0669-011 04/01/2017 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, MONTEREY, SAN BENITO, SAN JOAQUIN, SANTA CRUZ, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes SPRINKLER FITTER.................$ 37.20 15.84 ---------------------------------------------------------------- SHEE0104-001 07/03/2017 AREA 1: ALAMEDA, CONTRA COSTA, SAN FRANCISCO, SAN MATEO, SANTA CLARA AREA 2: MONTEREY & SAN BENITO AREA 3: SANTA CRUZ Rates Fringes SHEET METAL WORKER AREA 1: Mechanical Contracts under $200,000.............$ 50.29 35.93 All Other Work.............$ 57.09 37.74 AREA 2......................$ 45.82 31.99 AREA 3......................$ 48.13 29.61 ---------------------------------------------------------------- SHEE0104-003 07/01/2017 CALAVERAS AND SAN JOAQUIN COUNTIES: Rates Fringes SHEET METAL WORKER...............$ 39.74 31.50 ---------------------------------------------------------------- SHEE0104-005 07/01/2017 MARIPOSA, MERCED, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes SHEET METAL WORKER (Excluding metal deck and siding)...........$ 37.67 34.10 ---------------------------------------------------------------- SHEE0104-007 07/01/2017 FRESNO, KINGS, AND MADERA COUNTIES: Rates Fringes SHEET METAL WORKER...............$ 37.49 34.45 ---------------------------------------------------------------- SHEE0104-015 07/01/2016 ALAMEDA, CONTRA COSTA, MONTEREY, SAN BENITO, SAN FRANCISCO, SAN MATEO, SANTA CLARA AND SANTA CRUZ COUNTIES: Rates Fringes SHEET METAL WORKER (Metal Decking and Siding only).........$ 35.64 31.49 ---------------------------------------------------------------- SHEE0104-018 07/01/2016 CALAVERAS, FRESNO, KINGS, MADERA, MARIPOSA, MERCED, SAN JOAQUIN, STANISLAUS AND TUOLUMNE COUNTIES: Rates Fringes Sheet metal worker (Metal decking and siding only).........$ 35.64 31.49 ---------------------------------------------------------------- TEAM0094-001 07/01/2017 Rates Fringes Truck drivers: GROUP 1.....................$ 30.72 27.47 GROUP 2.....................$ 31.02 27.47 GROUP 3.....................$ 31.32 27.47 GROUP 4.....................$ 31.67 27.47 GROUP 5.....................$ 32.02 27.47 FOOTNOTES: Articulated dump truck; Bulk cement spreader (with or without auger); Dumpcrete truck; Skid truck (debris box); Dry pre-batch concrete mix trucks; Dumpster or similar type; Slurry truck: Use dump truck yardage rate. Heater planer; Asphalt burner; Scarifier burner; Industrial lift truck (mechanical tailgate); Utility and clean-up truck: Use appropriate rate for the power unit or the equipment utilized. TRUCK DRIVER CLASSIFICATIONS GROUP 1: Dump trucks, under 6 yds.; Single unit flat rack (2- axle unit); Nipper truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump truck (when flat rack truck is used appropriate flat rack shall apply); Concrete pump machine; Fork lift and lift jitneys; Fuel and/or grease truck driver or fuel person; Snow buggy; Steam cleaning; Bus or personhaul driver; Escort or pilot car driver; Pickup truck; Teamster oiler/greaser and/or serviceperson; Hook tender (including loading and unloading); Team driver; Tool room attendant (refineries) GROUP 2: Dump trucks, 6 yds. and under 8 yds.; Transit mixers, through 10 yds.; Water trucks, under 7,000 gals.; Jetting trucks, under 7,000 gals.; Single-unit flat rack (3-axle unit); Highbed heavy duty transport; Scissor truck; Rubber-tired muck car (not self-loaded); Rubber-tired truck jumbo; Winch truck and "A" frame drivers; Combination winch truck with hoist; Road oil truck or bootperson; Buggymobile; Ross, Hyster and similar straddle carriers; Small rubber-tired tractor GROUP 3: Dump trucks, 8 yds. and including 24 yds.; Transit mixers, over 10 yds.; Water trucks, 7,000 gals. and over; Jetting trucks, 7,000 gals. and over; Vacuum trucks under 7500 gals. Trucks towing tilt bed or flat bed pull trailers; Lowbed heavy duty transport; Heavy duty transport tiller person; Self- propelled street sweeper with self-contained refuse bin; Boom truck - hydro-lift or Swedish type extension or retracting crane; P.B. or similar type self-loading truck; Tire repairperson; Combination bootperson and road oiler; Dry distribution truck (A bootperson when employed on such equipment, shall receive the rate specified for the classification of road oil trucks or bootperson); Ammonia nitrate distributor, driver and mixer; Snow Go and/or plow GROUP 4: Dump trucks, over 25 yds. and under 65 yds.; Water pulls - DW 10's, 20's, 21's and other similar equipment when pulling Aqua/pak or water tank trailers; Helicopter pilots (when transporting men and materials); Lowbedk Heavy Duty Transport up to including 7 axles; DW10's, 20's, 21's and other similar Cat type, Terra Cobra, LeTourneau Pulls, Tournorocker, Euclid and similar type equipment when pulling fuel and/or grease tank trailers or other miscellaneous trailers; Vacuum Trucks 7500 gals and over and truck repairman GROUP 5: Dump trucks, 65 yds. and over; Holland hauler; Low bed Heavy Duty Transport over 7 axles ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ================================================== Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ================================================== ============== END OF GENERAL DECISION City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1203 Agenda Date:1/10/2018 Version:1 Item #:14. Report regarding resolution supporting the submission of an application for Measure A Pedestrian and Bicycle Program Funding for $400,000 for the Hickey/Junipero Serra Boulevards Safety and Connectivity Improvement Project.(Sam Bautista, Principal Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the filing of a grant application not to exceed $400,000 for the San Mateo County Transportation Authority Measure A Pedestrian and Bicycle Program grant funds for the Hickey/Junipero Serra Boulevards Safety and Connectivity Improvement Project. BACKGROUND/DISCUSSION On June 7,1988,the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the San Mateo County Transportation Authority (TA)of a half-cent transactions and use tax in San Mateo County for 25 years,with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (“Original Measure A”).On November 2,2004,the voters of San Mateo County approved the continuation of the collection and distribution by the TA of the half-cent transactions and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan beginning January 1, 2009 (“New Measure A”). The TA issued a Call for Projects for the Measure A Pedestrian and Bicycle Program funds on November 6, 2017.The TA requires applicants for Measure A funds to submit a resolution in support of the application. There are currently missing crosswalks and no bicycling amenities within the intersection of Hickey Boulevard and Junipero Serra Boulevard, which creates hazards for pedestrians and bicyclists. Measure A funds would be used for the pre-project planning,preliminary engineering,and Plans Specifications &Estimates (PS&E)to design curb extensions,advanced crosswalk markings and signage,and bike lanes within the Hickey Boulevard and Junipero Serra Boulevard intersection (“Project”).Please see the attachment for preliminary designs. FISCAL IMPACT The total cost for the Project is $480,000.The City would provide match funding of 17 percent,totaling $80,000, from the City’s Fiscal Year 2017-18 Capital Improvement Plan. CONCLUSION It is recommended that the City Council adopt a resolution approving the filing of a grant application not to City of South San Francisco Printed on 1/4/2018Page 1 of 2 powered by Legistar™ File #:17-1203 Agenda Date:1/10/2018 Version:1 Item #:14. It is recommended that the City Council adopt a resolution approving the filing of a grant application not to exceed $400,000 for the San Mateo County Transportation Authority Measure A Pedestrian and Bicycle Program grant funds for the Hickey/Junipero Serra Boulevards Safety and Connectivity Improvement Project. Attachment - Preliminary Design City of South San Francisco Printed on 1/4/2018Page 2 of 2 powered by Legistar™ R E V I S I O N S SO U T H S A N F R A N C I S C O JU N I P E R O S E R R A B L V D / H I C K E Y B L V D / L O N G F O R D D R I M P R O V E M E N T S TY P I C A L S E C T I O N S , L E G E N D , A B B R E V I A T I O N S X- 0 1 R E V I S I O N S SO U T H S A N F R A N C I S C O JU N I P E R O S E R R A B L V D / H I C K E Y B L V D / L O N G F O R D D R I M P R O V E M E N T S LA Y O U T L- 0 1 R E V I S I O N S SO U T H S A N F R A N C I S C O JU N I P E R O S E R R A B L V D / H I C K E Y B L V D / L O N G F O R D D R I M P R O V E M E N T S L- 0 2 R E V I S I O N S SO U T H S A N F R A N C I S C O JU N I P E R O S E R R A B L V D / H I C K E Y B L V D / L O N G F O R D D R I M P R O V E M E N T S L 0 3 R E V I S I O N S SO U T H S A N F R A N C I S C O J U N I P E R O S E R R A B L V D / H I C K E Y B L V D / L O N G F O R D D R I M P R O V E M E N T S L- 0 4 R E V I S I O N S SO U T H S A N F R A N C I S C O JU N I P E R O S E R R A B L V D / H I C K E Y B L V D / L O N G F O R D D R I M P R O V E M E N T S LA Y O U T L- 0 5 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1202 Agenda Date:1/10/2018 Version:1 Item #:14a. Resolution supporting the submission of an application for Measure A Pedestrian and Bicycle Program Funding for $400,000 for the Hickey/Junipero Serra Boulevards Safety and Connectivity Improvement Project. WHEREAS,there are currently missing crosswalks and no bicycling amenities within the intersection of Hickey Boulevard and Junipero Serra Boulevard, which creates hazards for pedestrians and bicyclists; and WHEREAS,the Hickey/Junipero Serra Boulevards Safety and Connectivity Improvement Project (“Project”) includes the pre-project planning,preliminary engineering,and Plans Specifications &Estimates (PS&E) phases to design curb extensions,advanced crosswalk markings and signage,and bike lanes within the Hickey Boulevard and Junipero Serra Boulevard intersection; and WHEREAS, it will cost $480,000 to implement the Project; and WHEREAS, the City wishes to sponsor the Project and seeks $400,000 for that purpose; and WHEREAS,on June 7,1988,the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the San Mateo County Transportation Authority (TA)of a half-cent transactions and use tax in San Mateo County for 25 years,with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (“Original Measure A”); and WHEREAS,on November 2,2004,the voters of San Mateo County approved the continuation of the collection and distribution by the TA of a half-cent transactions and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan beginning January 1, 2009 (“New Measure A”); and WHEREAS,the TA issued a Call for Projects for the Measure A Pedestrian and Bicycle Program on November 6, 2017; and WHEREAS,the TA requires a governing board resolution from the City in support of the City’s application for $400,000 in San Mateo County Measure A Pedestrian and Bicycle Program funds for the Project; and WHEREAS,the TA requires a governing board resolution from the City committing the City to the completion of the Project,including the commitment of matching funds in the amount of $80,000 needed for implementation. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco: 1.Directs staff to submit an application for TA Measure A Pedestrian and Bicycle Program funds for City of South San Francisco Printed on 1/11/2018Page 1 of 2 powered by Legistar™ File #:17-1202 Agenda Date:1/10/2018 Version:1 Item #:14a. 1.Directs staff to submit an application for TA Measure A Pedestrian and Bicycle Program funds for $400,000 for the Project. 2.Authorizes the City Manager to execute a funding agreement with the San Mateo County Transportation Authority to encumber any TA Measure A Pedestrian and Bicycle Program funds awarded. 3.Approves the City’s commitment of $80,000 of matching funds needed for implementation of the Project, if the City is awarded the requested TA Measure A Pedestrian and Bicycle Program funds. ***** City of South San Francisco Printed on 1/11/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:18-2 Agenda Date:1/10/2018 Version:1 Item #:15. Motion to approve the Minutes from the meetings of December 5, 2017 and December 13, 2017. City of South San Francisco Printed on 1/4/2018Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1246 Agenda Date:1/10/2018 Version:1 Item #:16. Motion confirming payment registers for January 10, 2018.(Richard Lee, Director of 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 Printed on 1/4/2018Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1233 Agenda Date:1/10/2018 Version:1 Item #:17. Report regarding a resolution authorizing the acceptance of $34,594 in donations to support the Library’s Project Read program. (Valerie Sommer, Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting donations in the amount of $34,594 to support the Library’s Project Read program. BACKGROUND/DISCUSSION Project Read commemorated the 25th Anniversary of the Annual Trivia Challenge at the South San Francisco Conference Center on November 3,2017.Project Read’s 25th Annual Trivia Challenge event raised $34,594 in donations to support adult literacy services.This event is the only fundraiser for the program which proudly serves the communities of South San Francisco,Colma,Daly City,and San Bruno.The Trivia Challenge is sponsored by local businesses,community groups and individual donors,listed below,who make this event possible through their generous donations. ·Gold Sponsor, $5,000: CSG Consultants, Inc. ·Silver Sponsors,$2,500:Carollo Engineers,Meyers Nave;Northern California Carpenters Regional Council ·Scorekeeper &Volunteer Sponsors,$1,500:Blocka Construction;South San Francisco Scavenger Company, Inc. ·Team Sponsor, $1,600: South San Francisco Friends of the Library ·High School Team Sponsors,$1,000:A.S.F.Electric,Inc.;Kaiser Permanente;The San Mateo County Plumbers & Pipefitters Local 467 Apprenticeship & Training Center ·Contributing Sponsors,$500:Daly City Public Library Associates;First National Bank of Northern California;Lucky Chances Casino;NEMS North East Medical Services;Republic Services;Sammut Family Foundation;See’s Candies,Inc.;Seton Medical Center,a part of Verity Health;Skyline College; Sutter Health, Mills-Peninsula Medical Center ·Donations,$100 -$300:A.F.S Electric,Inc.;Anchor Drugs &Pharmacy;Blocka Construction,Inc.; Cisca Hansen;Corporate Security Services,Inc.;Eugene Berg,in honor of Joel &Barbara Bruxvoort; Helen Drazich; Janice McCulloch & James Nixon; Liberty Bank; Susan Kennedy The remaining $10,444 was raised via dinner and team registrations, raffle tickets and the silent auction. This year,32 teams competed for a first place win while 352 people including 38 volunteers,many of whom are current or former learners and tutors,came together to support the Annual Trivia Challenge.Event proceeds enable Project Read to continue offering free adult literacy,which includes financial,health and family service components.The Project Read program has a profound effect on learners’ability to get and keep jobs,to help City of South San Francisco Printed on 1/4/2018Page 1 of 2 powered by Legistar™ File #:17-1233 Agenda Date:1/10/2018 Version:1 Item #:17. their children succeed in school, and to improve their health and financial well-being: ·Since 1985 Project Read has: o Helped more than 4,650 adults achieve their literacy goals, o Trained more than 3,100 volunteer tutors, o Distributed over 100,000 books to low-income families through Learning Wheels. ·Annually, Project Read volunteers donate more than 6,000 hours of free community service. ·Last year,Learning Wheels provided 173 programs that benefited 7,820 children and adults with books, workshops and Storytime events. ·In 2017,Project Read’s free tax preparation service filed 230 returns for low-income taxpayer households. FISCAL IMPACT Donations received will be used to support Project Read programs including the I Am a Writer project which was announced during the 25th Anniversary of the Annual Trivia Challenge. CONCLUSION Receipt of these funds will enable the Library to enhance Project Read programs and services. It is recommended that the City Council accept $34,594 in donations to support the Library’s Project Read program. City of South San Francisco Printed on 1/4/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1234 Agenda Date:1/10/2018 Version:1 Item #:17a. Resolution authorizing the acceptance of $34,594 in donations to support the Library’s Project Read program. WHEREAS,the City of South San Francisco (“City”)Library Department established Project Read to assist adults and their families in reaching educational goals; and WHEREAS,Project Read holds an annual fundraising event,Trivia Challenge,to raise funds to enhance Project Read services; and WHEREAS,the 25th Annual Trivia Challenge was held at the South San Francisco Conference Center on November 3, 2017; and WHEREAS,funds raised through this event including sponsorships,team participation,a silent auction,and community attendance at the event raised a total of $34,594; and WHEREAS,funds will be added to the Project Read donations account and used to enhance and supplement adult literacy services. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $34,594 in donations to support Project Read Services. ***** City of South San Francisco Printed on 1/15/2018Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1159 Agenda Date:1/10/2018 Version:1 Item #:18. Report regarding a resolution authorizing the filing of a grant application of $20,000 for Community Development Block Grant funds allocated through the City of Daly City to support Project Read and authorizing the Director of Finance to approve Budget Amendment 18.019 upon receipt of grant award. (Valerie Sommer, Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the filing of a grant application for Community Development Block Grant (CDBG)funds allocated through the City of Daly City for FY 2018-19 in the amount of $20,000 to support Project Read and approve Budget Amendment 18.019 upon receipt of the grant award letter. BACKGROUND/DISCUSSION It is recommended that City Council adopt a resolution authorizing the filing of a grant application for CDBG funds allocated through the City of Daly City.Last year Project Read received $20,000 from this program to support 40 adult literacy students living in Daly City.We will request the same amount for Fiscal Year (FY) 2018-19. We have received Daly City CDBG funds for over fifteen years. Adult learners receive free services that include 1)a literacy assessment,2)free one-on-one tutoring or small group tutoring,3)free workbooks and dictionaries,and 4)use of library computers.Adult literacy services target adults with low level English reading and writing skills and focus on basic skill development.Over the year 28 percent of our adult learners are from Daly City,while 65 percent are from South San Francisco,and 7 percent are from San Bruno and Colma. In 1985,when Project Read was established,we were encouraged by the California State Library to serve North San Mateo County,thus increasing the number of people served.Part of our funding structure is reliant on matching funds from California Library Literacy Services (CLLS).Matching funds are based on the amount expended on literacy services and the number of adult literacy students served.Last year,we received $64,016 in CLLS funds.By serving students in Daly City,San Bruno and Colma,we increase the amount received in matching funds.In addition,expanding our geographic area has proven successful when applying for grants to support enhanced programming for low-income,low-literacy participants.In the past year,San Bruno and Colma provided approximately $36,775 to support literacy services to their residents. Most Project Read participants are South San Francisco (SSF)residents and benefit from our core adult literacy services.In addition,SSF residents receive additional support from grant-funded projects that include visits from Learning Wheels,Families for Literacy programs,workshops on financial literacy,and Volunteer Income Tax Assistance (VITA)services.Yearly,over 450 SSF core users regularly participate in at least one of these City of South San Francisco Printed on 1/4/2018Page 1 of 2 powered by Legistar™ File #:17-1159 Agenda Date:1/10/2018 Version:1 Item #:18. Tax Assistance (VITA)services.Yearly,over 450 SSF core users regularly participate in at least one of these enhanced programs. FISCAL IMPACT Grant funds received from the CDBG program for FY 2018-19 will offset general fund expenses;there will be no need to increase the Library Department’s budget for expenditures.Receipt of these funds does not commit the City to ongoing or matching funding.Adopting this resolution will authorize the Director of Finance to amend the FY 2018-19 revenue budget through Budget Amendment 18.019 upon receipt of a grant award letter. CONCLUSION It is recommended that the City Council adopt a resolution authorizing the filing of a grant application for Community Development Block Grant (CDBG)funds allocated through the City of Daly City for FY 2018-19 in the amount of $20,000 to support Project Read and authorize the Finance Director to amend the revenue budget per Budget Amendment 18.019 upon receipt of a grant award letter.Receipt of these funds will enable Project Read to continue adult literacy services to Daly City. City of South San Francisco Printed on 1/4/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1163 Agenda Date:1/10/2018 Version:1 Item #:18a. Resolution authorizing the filing of a grant application of $20,000 for Community Development Block Grant funds allocated through the City of Daly City to support Project Read and authorizing the Director of Finance to approve Budget Amendment 18.019 upon receipt of grant award. 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,in addition to the services provided within the City,Project Read provides adult literacy services to approximately 40 individuals in Daly City; and WHEREAS,these services have been supported in previous years by Community Development Block Grant (CDBG) funding administered through the City of Daly City; and WHEREAS,staff recommends authorizing Project Read to apply for CDBG funding in the amount of $20,000 for Fiscal Year 2018-19 to support adult literacy services in Daly City; and WHEREAS,staff further recommends authorizing the Director of Finance to adjust the 2018-19 revenue budget through Budget Amendment 18.019 upon receipt of a grant award letter of any amount of CDBG funding awarded by the City of Daly City as a result of this grant application. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the filing of a grant application for Community Development Block Grant funds allocated through the City of Daly City for Fiscal Year 2018-19. BE IT FURTHER RESOLVED that City Council of the City of South San Francisco hereby authorizes the Director of Finance to adjust the FY 2018-19 operating budget upon receipt of notification that Daly City CDBG grant funds have been awarded to Project Read. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes the City Manager to execute any necessary documents for the grant application and/or receipt of grant funds,and designates the City Manager of the City of South San Francisco as the signatory for CDBG funding. City of South San Francisco Printed on 1/15/2018Page 1 of 2 powered by Legistar™ File #:17-1163 Agenda Date:1/10/2018 Version:1 Item #:18a. ***** City of South San Francisco Printed on 1/15/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1184 Agenda Date:1/10/2018 Version:1 Item #:19. Report regarding a resolution authorizing the acceptance of $5,000 in one-time grant funding from Quality Counts San Mateo County for the Big Lift Little Steps Preschool at the Community Learning Center,and amending the Parks and Recreation Department’s Fiscal Year 2017-18 Operating Budget pursuant to Budget Amendment #18.015.(Sharon Ranals, Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $5,000 in one- time grant funding from Quality Counts San Mateo County for the Big Lift Little Steps Preschool at the Community Learning Center and amending the Parks and Recreation Department’s Fiscal Year 2017-18 operating budget pursuant to Budget Amendment #18.015. BACKGROUND/DISCUSSION The City-operated Little Steps Preschool at the Community Learning Center is grant-funded by the Big Lift initiative,which is an impact collaborative led by the Silicon Valley Community Foundation,the San Mateo County Office of Education (SMCOE),and the County of San Mateo.Funding for the Big Lift is provided by the Social Innovation Fund (SIF),a federal program of the Corporation for National and Community Service, the County of San Mateo’s Measure A Sales Tax,and community-based organizations.Since Fiscal Year 2014- 15,the City has received a total of $758,675 in Big Lift grant funding for the Little Steps Preschool.Most recently,Council approved the acceptance of $200,000 in Big Lift grant funding for Fiscal Year 2017-18 at the November 8, 2017 City Council meeting. One of the requirements of the Big Lift grant agreement is that Little Steps Preschool maintains quality standards sufficient to meet a minimum of Tier 3 on the San Mateo Quality Rating and Improvement System (QRIS)and make progress toward achieving higher tiers.A QRIS is a tool to improve the quality of early care and education for children.Nearly every state in the nation has either launched,or is developing,a QRIS.The SMCOE,First 5 San Mateo County,and the Child Care Coordinating Council are the implementing partners for San Mateo County’s QRIS,also known as Quality Counts San Mateo County.Using local,state and federal funds,SMCOE has been steadily supporting the development of the QRIS to measure and guide quality improvement in early learning centers and family child care homes in San Mateo County. As a participant in the QRIS through Big Lift,Little Steps Preschool is eligible for a one-time Quality Improvement Grant in the amount of $5,000 for Fiscal Year 2017-18.The purpose of this grant is to help Little Steps Preschool create an action-oriented quality improvement plan based on the QRIS results,and provide one -time resources to implement those plans in 2017-18. City of South San Francisco Printed on 1/4/2018Page 1 of 2 powered by Legistar™ File #:17-1184 Agenda Date:1/10/2018 Version:1 Item #:19. About QRIS A QRIS helps programs improve by measuring current levels of quality against research-backed standards.In California, these standards tie to: ·Child observation ·Developmental and health screenings ·Teacher and administrator qualifications ·Teacher-child interactions ·Teacher-child ratios and group size ·Program environment The QRIS rates sites based on three core areas:child development and school readiness;teachers and teaching; and program and environment.In the first assessment of Little Steps Preschool,the process began with staff completing a program self-assessment and submitting documentation to Quality Counts San Mateo.Then Little Steps Preschool classrooms were assessed on the quality of teacher-child interactions and classroom environment using the nationally recognized Classroom Assessment Scoring System (CLASS)and Environment Rating Scales (ERS)tools provided by the QRIS.Lastly,Little Steps Preschool received a rating validation visit and met with Quality Counts San Mateo to review the scores and a quality improvement plan. Little Steps Preschool received a Tier 3 rating in its first QRIS assessment,scoring higher than the national average in most subject areas.If Council approves the acceptance of this grant,funds will be used for teachers to attend professional development trainings,purchase training materials and computer programs to benefit both teachers and children,and purchase equipment and play items to address areas identified in the quality improvement plan. FUNDING Funds from this grant will be used to amend the Parks and Recreation Department’s Fiscal Year 2017-18 operating budget on a one-time basis (Budget Amendment #18.015).Receipt of these funds does not commit the City to ongoing funding. CONCLUSION It is recommended that the City Council authorize the acceptance of the Quality Improvement Grant funds for Fiscal Year 2017-18,which will allow Little Steps Preschool to create an action-oriented quality improvement plan based on the QRIS results,and provide one-time resources to implement those plans in Fiscal Year 2017- 18. City of South San Francisco Printed on 1/4/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1185 Agenda Date:1/10/2018 Version:1 Item #:19a. Resolution authorizing the acceptance of $5,000 in one-time grant funding from Quality Counts San Mateo County for the Big Lift Little Steps Preschool at the Community Learning Center,and amending the Parks and Recreation Department’s Fiscal Year 2017-18 operating budget pursuant to Budget Amendment #18.015. WHEREAS,the Big Lift initiative,a collaborative led by the Silicon Valley Community Foundation,the San Mateo County Office of Education,and the County of San Mateo,aims to close the achievement gap and improve third-grade reading proficiency in San Mateo County by supporting preschools and reading readiness activities; and WHEREAS,the Parks and Recreation Department’s Little Steps Preschool at the Community Learning Center receives grant funding from the Big Lift initiative; and WHEREAS,one of the requirements of the Big Lift grant agreement is that Little Steps Preschool maintains quality standards sufficient to meet a minimum of Tier 3 on the San Mateo Quality Rating and Improvement System (QRIS) and make progress toward achieving higher tiers; and WHEREAS,the Little Steps Preschool is eligible to receive one-time grant funding in the amount of $5,000 from Quality Counts San Mateo County,and the Parks and Recreation Department desires to apply for and accept the grant, according to the terms indicated in the grant notification letter attached as Exhibit A; and WHEREAS,receipt of these grant funds will be utilized to amend the Parks and Recreation Department 's Fiscal Year 2017-18 operating budget,and will enable the Department to address the quality improvement plan for Little Steps Preschool with the goal of improving the preschool’s Tier 3 QRIS rating; and WHEREAS,acceptance of these funds does not commit the City to ongoing funding after the close of the grant cycle. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby authorizes the acceptance of $5,000 in grant funding from Quality Counts San Mateo County. BE IT FURTHER RESOLVED,that the City Council amends the Parks and Recreation Department’s 2017-18 Operating Budget by $5,000. City of South San Francisco Printed on 4/16/2018Page 1 of 2 powered by Legistar™ File #:17-1185 Agenda Date:1/10/2018 Version:1 Item #:19a. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City to execute the documents necessary to accept the grant funding and take any other actions necessary to carry out the intent of this resolution on behalf of the City Council, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 4/16/2018Page 2 of 2 powered by Legistar™ Ex h i b i t A - Pa g e 1 Ex h i b i t A - Pa g e 2 Ex h i b i t A - Pa g e 3 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1227 Agenda Date:1/10/2018 Version:1 Item #:20. Report regarding an ordinance amending the South San Francisco Zoning Ordinance,related to the El Camino Real/Chestnut Avenue Plan District,in accordance with South San Francisco Municipal Code Chapter 20.550. (Tony Rozzi, Principal Planner) RECOMMENDATION Staff recommends that the City Council waive reading and adopt an ordinance making findings and amending the South San Francisco Zoning Ordinance,related to the El Camino Real/Chestnut Avenue Plan District, in accordance with South San Francisco Municipal Code Chapter 20.550. BACKGROUND/DISCUSSION At the City Council meeting on December 13,2017,resolutions were adopted approving 1)a General Plan Amendment,2)El Camino Real/Chestnut Avenue Area Plan (ECR/C Plan)Amendment,and 3)Associated Supplemental Environmental Impact Report to incorporate the Community Civic Campus Project.Related to these plan changes, the following ordinance was introduced: Ordinance amending the South San Francisco Zoning Ordinance,related to the El Camino Real/Chestnut Avenue Plan District,in accordance with South San Francisco Municipal Code Chapter 20.550. (Introduced on 12/13/17; Vote 5 - 0) CONCLUSION The ordinance is now ready for adoption. City of South San Francisco Printed on 1/4/2018Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1228 Agenda Date:1/10/2018 Version:1 Item #:20a. Ordinance amending the South San Francisco Zoning Ordinance,related to the El Camino Real/Chestnut Avenue Plan District, in accordance with South San Francisco Municipal Code Chapter 20.550. WHEREAS,in July of 2010,the City Council for the City of South San Francisco (“City”)adopted a comprehensive update to the City’s Zoning Ordinance,which repealed the then-existing Title 20 of the South San Francisco Municipal Code,and replaced it with an entirely new Title 20 that,among other actions, established new zoning districts,revised and reformatted many then-existing zoning provisions,eliminated inconsistent and outdated provisions,and codified entirely new zoning provisions,including new land use regulations and development standards (“Zoning Ordinance”); and WHEREAS,in July of 2011,the City adopted the El Camino Real/Chestnut Avenue Area Plan (“ECR/C Plan”) and companion land use and development regulations in Chapter 20.270 of the Zoning Ordinance,which details the purpose, land use and development standards for the ECR/C Plan; and WHEREAS,the proposed revisions to the Zoning Ordinance ensure that there are no conflicts with the proposed Community Civic Campus Project that will construct a new recreation and library facility,police station,fire station,city offices,and associated parking within the El Camino Real/Chestnut Avenue Plan District (“Project”); and WHEREAS,the revisions will also provide flexibility for certain provisions of the El Camino Real/Chestnut Avenue Plan District development standards for the Project and any future developments that may be constrained due to parcel size, shape and/or encumbrances; and WHEREAS,the City has prepared a Zoning Amendment (“Amendment”)to the City’s Zoning Ordinance, including refinements to Chapter 20.270 of the Zoning Ordinance; and WHEREAS,the Zoning Ordinance was adopted after preparation,circulation,consideration,and adoption of an Initial Study/Mitigated Negative Declaration (IS/MND)in accordance with the California Environmental Quality Act,Public Resources Code Sections 21000,et seq.(CEQA),in which the IS/MND analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and WHEREAS,the City and consultant Michael Baker International prepared a Subsequent Environmental Impact City of South San Francisco Printed on 1/15/2018Page 1 of 4 powered by Legistar™ File #:17-1228 Agenda Date:1/10/2018 Version:1 Item #:20a. WHEREAS,the City and consultant Michael Baker International prepared a Subsequent Environmental Impact Report (SEIR)in accordance with the provisions of the California Environmental Quality Act (CEQA)and CEQA Guidelines, which discloses and analyzes the potential environmental impacts of the Project; and WHEREAS,the Draft SEIR (DSEIR)was prepared and circulated for a 45-day public/agency review period from July 2,2017 through August 28,2017,and a Final SEIR (FSEIR)was prepared,which includes written responses to comments received on the DSEIR and minor revisions to the DSEIR (collectively, EIR); and WHEREAS,the Planning Commission reviewed and carefully considered the information in the Draft SEIR and the Final SEIR,at a duly noticed public hearing held on November 16,2017,made the findings and recommended certification of the EIR,as an objective and accurate document that reflects the independent judgement of the City in the identification,discussion and mitigation of the Project’s environmental impacts; and WHEREAS,the refinements,clarifications,and/or corrections set forth in this Amendment,as they relate to the El Camino Real/Chestnut Avenue Area Plan District in Chapter 20.270 are minor in nature,the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/MND prepared for the Zoning Ordinance,or the SEIR prepared for the Project,nor do the refinements,clarifications,and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review; and WHEREAS,on November 16,2017,the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the proposed Amendment,take public testimony, and make a recommendation to the City Council on the project; and WHEREAS,on December 13,2017 the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment,take public testimony,consider the proposed Amendment,and take action on the proposed Amendment. NOW,THEREFORE,BE IT ORDAINED that based on the entirety of the record before it,as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. FINDINGS. Based on the entirety of the record as described above,the City Council for the City of South San Francisco hereby makes the following findings: A.General Findings. City of South San Francisco Printed on 1/15/2018Page 2 of 4 powered by Legistar™ File #:17-1228 Agenda Date:1/10/2018 Version:1 Item #:20a. 1.The foregoing recitals are true and correct and made a part of this ordinance. 2.The record for these proceedings,and upon which this ordinance is based,includes without limitation, Federal and State law;the California Environmental Quality Act,Public Resources Code §21000,et seq.(CEQA)and the CEQA Guidelines,14 California Code of Regulations §15000,et seq.;the South San Francisco General Plan and General Plan EIR,including all amendments and updates thereto;the South San Francisco Municipal Code;all reports,minutes,and public testimony submitted as part of the Planning Commission’s duly noticed August 17,2017 meeting;all reports,minutes,and public testimony submitted as part of the Planning Commission’s duly noticed November 16,2017 meeting;all reports,minutes,and public testimony submitted as part of the City Council’s duly noticed December 13,2017 meeting;and any other evidence (within the meaning of Public Resources Code §21080(e)and §21082.2). 3.The refinements,clarifications,and/or corrections set forth in this Amendment,as they relate to the El Camino Real/Chestnut Avenue Area Plan District in Chapter 20.270 are minor in nature,the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/MND prepared for the Zoning Ordinance,or the SEIR prepared for the Project,nor do the refinements, clarifications,and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. 4.The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco,315 Maple Avenue,South San Francisco,CA 94080, and in the custody of Chief Planner, Sailesh Mehra. B.Zoning Amendment Findings 1.The proposed Zoning Amendment is consistent with the adopted General Plan because the Zoning Amendment will reinforce the General Plan policies,is consistent with the relevant ECR/C area plan, and is consistent with the City’s overall vision for the Community Civic Campus project.None of the new or revised land use and development standards will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 2.The Zoning Amendments will ensure there is no conflict with the revisions to the ECR/C Plan and the new land use and development standards are generally suitable in terms of access,size of parcel, relationship to similar or related uses,and other considerations as deemed relevant by the Planning Commission and City Council because the added flexibility will accommodate special circumstances or encumbrances on 3.The proposed revisions will not be detrimental to the use of land in any adjacent zone because the Amendment only refines existing development standards within the adopted ECR/C Plan and the El Camino Real/Chestnut Avenue Area Plan District in Chapter 20.270 but will not alter density,height or City of South San Francisco Printed on 1/15/2018Page 3 of 4 powered by Legistar™ File #:17-1228 Agenda Date:1/10/2018 Version:1 Item #:20a. Camino Real/Chestnut Avenue Area Plan District in Chapter 20.270 but will not alter density,height or floor area ratio standards that could otherwise impact adjacent properties. SECTION II. AMENDMENTS. The City Council hereby makes the findings contained in this ordinance and adopts the revisions to the ordinance,as set forth in Exhibit A,attached hereto and incorporated herein.Sections and subsections that are not amended by this ordinance in Exhibit A shall remain in full force and effect. SECTION III. 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 IV. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933,a summary of this ordinance shall be prepared by the City Attorney.At least five (5)days prior to the Council meeting at which this ordinance is scheduled to be adopted,the City Clerk shall (1)publish the Summary,and (2)post in the City Clerk’s Office a certified copy of this ordinance.Within fifteen (15)days after the adoption of this ordinance,the City Clerk shall (1) publish the summary,and (2)post in the City Clerk’s Office a certified copy of the full text of this ordinance along with the names of those City Council members voting for and against this ordinance or otherwise voting. This ordinance shall become effective thirty (30) days from and after its adoption. ***** Introduced at a regular meeting of the City Council of the City of South San Francisco,held the 13th day of December, 2017. City of South San Francisco Printed on 1/15/2018Page 4 of 4 powered by Legistar™ 1 Draft Zoning Ordinance to modify Chapter 20.270 El Camino Real/Chestnut Avenue Area Plan District A. Revise Section 20.270.002 Sub Districts to read as follows: 20.270.002 Sub-Districts The following specific sub-districts are established within the El Camino Real/Chestnut District. El Camino Real/Chestnut sub-district boundaries are shown on the official Zoning Map. The purpose of each sub-district is as follows: A. El Camino Real/Chestnut Mixed Use, High Density (ECR/C-MXH). The El Camino Real/Chestnut Mixed Use, High Density sub-district is intended to provide sites for mixed-use development at high intensities. The ECR/C-MXH sub-district requires active uses that are accessible to the general public, generate walk-in pedestrian clientele, and contribute to a high level of pedestrian activity on the ground floor, along streets, sidewalks, and bike and pedestrian pathways, with commercial, residential, or public space up above, as well as eating and drinking establishments with outdoor dining. Publicly-accessible open space may also satisfy the active uses category where site constraints otherwise prohibit development, as determined by the Chief Planner. The commercial activities in the district are intended to be a destination, with regional and neighborhood serving establishments as well as civic uses. A public plaza along the BART right-of-way, just south of Oak Avenue, will provide a focus to the area, and a community-wide gathering space. B. El Camino Real/Chestnut Mixed Use, Medium Density (ECR/C-MXM). The El Camino Real/Chestnut Mixed Use, Medium Density sub-district is intended to provide sites for medium-intensity commercial, medical, or mixed-use development in close proximity to the BART station. The ECR/C-MXM sub-district is intended to act as a transition between the ECR/C-MXH and existing development. New development shall be designed to serve as a physical and visual buffer that will provide a transition between the BART station and existing Sunshine Gardens neighborhood. Along El Camino Real the existing Kaiser Hospital is expected to remain; while taller buildings at the Kaiser site will be allowed than previously, any redevelopment of the hospital should be designed to be visually cohesive in appearance, with articulated building form and massing, and connections to public spaces and surrounding uses. C. El Camino Real/Chestnut Residential, High Density (ECR/C-RH). The El Camino Real/Chestnut Residential, High Density sub-district is intended to provide for high-density residential development in the form of high rises, fronted by townhomes at the ground level, close to the BART station. Active uses are required at the lower levels along Mission Road and Centennial Way Linear Park to maintain visual interest and promote safety along the public rights-of-way. 2 B. Revise Section 20.270.003 Land Use Regulations to read as follows: 20.270.003 Land Use Regulations Table 20.270.003 below prescribes the land use regulations for “El Camino Real/Chestnut” sub-districts. The regulations for each district are established by letter designations as follows: “P” designates permitted uses. “MUP” designates use classifications that are permitted after review and approval of a Minor Use Permit by the Chief Planner. “C” designates use classifications that are permitted after review and approval of a Conditional Use Permit by the Planning Commission. “(#)” numbers in parentheses refer to specific limitations listed at the end of the table. “-” designates uses that are not permitted. Use classifications are defined in Chapter 20.620 (“Use Classifications”). In cases where a specific land use or activity is not defined, the Chief Planner shall assign the land use or activity to a classification that is substantially similar in character. Use classifications and sub-classifications not listed in the table or not found to be substantially similar to the uses below are prohibited. The table also notes additional use regulations that apply to various uses. Section numbers in the right-hand column refer to other sections of this title. Table 20.270.003 Land Use Regulations for El Camino Real/Chestnut Sub-Districts Uses Permitted ECR/C-MXH ECR/C-MXM ECR/C-RH Additional Regulations Residential Use Classifications Single-Unit Dwelling See sub-classification below Single-Unit Attached P(1) P P Multi-Unit Residential See sub-classifications below Multi-Unit C(1) C C Senior Citizen Residential C(1) C C Elderly and Long-Term Care C(1) C C See Section 20.350.020 Group Residential Facilities Family Day Care Home See sub-classification below Small P(1) P P Residential Care Facilities See sub-classifications below Limited P(1) P P General - C C See Section 20.350.020 Group Residential Facilities Senior - C C See Section 20.350.020 Group Residential Facilities Public and Semi-Public Use Classifications Colleges and Trade Schools, Public or Private MUP MUP MUP Community Assembly, 2,000 square feet or less P P C See Section 20.350.012 Community Assembly Facilities 3 Community Assembly, more than 2,000 square feet or less MUP MUP C See Section 20.350.012 Community Assembly Facilities Community Garden P(2) P(2) P(2) Cultural Institutions P P - Day Care Centers P P - Government Offices P P - Hospitals and Clinics See sub-classification below Hospitals C(3) C - See Figure 20.270.003 Park and Recreation Facilities, Public P P P Public Safety Facilities P P - Schools, Public or Private C C - Social Service Facilities MUP MUP - See Section 20.350.035 Social Service Facilities Commercial Use Classifications Animal Care, Sales and Services See sub-classifications below Pet Stores P P - See Section 20.350.005 Animal Care, Sales and Services Veterinary Services P P - See Section 20.350.005 Animal Care, Sales and Services Artists’ Studios P P - Banks and Financial Institutions See sub-classification below Banks and Credit Unions P(4) P - Business Services P(4) P - Commercial Entertainment and Recreation MUP C(5) - Eating and Drinking Establishments See sub-classifications below Bars/Night Clubs/Lounges C - - Coffee Shops/Cafés P P C See Section 20.350.028 Outdoor Seating Restaurants, Full Service P - - See Section 20.350.028 Outdoor Seating Restaurants, Limited Service P C(5) - See Section 20.350.028 Outdoor Seating Food and Beverage Retail Sales See sub-classifications below Convenience Market P P - See Section 20.350.014 Convenience Market Grocery Store P P - Supermarket P P - Live-Work Units P(1) P - See Section 20.350.023 Live- Work Units Lodging See sub-classification below Hotels and Motels C C C Maintenance and Repair Services P MUP - Massage Businesses MUP MUP - See Section 20.350.026.5 Massage Businesses Offices See sub-classifications below Business and Professional P(4) P - Medical and Dental P P - 4 Walk-In Clientele P P - Parking, Public or Private P(6) P(6) - Personal Services See sub-classifications below General Personal Services P P - See Section 20.350.030 Personal Services Retail Sales See sub-classification below General Sales P P - Employment Uses Recycling Facilities See sub-classification below Collection Facility C(7) C(7) - See Section 20.350.032 Recycling Facilities Research and Development P P - Transportation, Communication, and Utilities Use Classifications Communication Facilities See sub-classifications below Antennae and Transmission Towers MUP(8) MUP(8) MUP(8) See Chapter 20.370 Antennas and Wireless Communications Facilities Facilities within Buildings MUP MUP MUP Utilities, Major C C - Utilities, Minor P P P Other Applicable Use Regulations Accessory Uses See Section 20.300.002 Accessory Buildings and Structures Home Occupations P P P See Section 20.350.021 Home Occupations Nonconforming Use See Chapter 20.320 Nonconforming Uses, Structures, and Lots Temporary Use See Chapter 20.340 Temporary Uses Limitations: 1. Not permitted on the ground floor along El Camino Real, Chestnut Avenue, Oak Avenue, or BART right-of-way south of Oak Avenue. 2. Subject to site evaluation based on prior use. 3. Allowed only on the northeast corner of El Camino Real and Arroyo Drive/Oak Avenue Extension. See Figure 20.270.003. 4. Customer service offices are permitted on the ground level, and other offices are permitted on the second floor or when conducted as an accessory use with a permitted use on the site, occupying no more than 25 percent of the floor area. Additional office space may be allowed with a Use Permit, upon finding that such use will not conflict with adjacent street level retail uses. 5. Not permitted along Mission Road. 6. Must be structured. 7. Large Collection Facilities are not permitted. 8. Only building mounted or completely enclosed within a building. Not permitted on the ground floor. Figure 20.270.003 Hospital Uses 5 (Ord. 1501 § 2, 2015; Ord. 1487 § 2, 2014; Ord. 1449 § 2, 2011; Ord. 1448 § 2, 2011) C. Revise Section 20.270.004 Development Standards, Table 20.270.004-1, Table 20.270.004-2, and Additional Development Standards to read as follows: 20.270.004 Development Standards Tables 20.270.004-1 to 20.270.004-3 prescribe the development standards for the El Camino Real/Chestnut sub-districts. Additional regulations are denoted in the right-hand column. Section numbers in this column refer to other sections of this title, while individual letters refer to subsections that follow the tables, under “Additional Development Standards.” The numbers in Figure 20.270.004-1 refer to corresponding regulations in the “#” column in the associated table. Table 20.270.004-1 Lot, Density, and FAR Standards for El Camino Real/Chestnut Sub-Districts Standard ECR/C-MXH ECR/C-MXM ECR/C-RH Additional Regulations # Minimum Lot Size (sq. ft.) 20,000 20,000 20,000 Minimum Lot Width (ft.) 50 50 50 Floor Area Ratio (FAR) 6 Minimum Floor Area Ratio 0.6 exclusive of areas devoted to parking, of which a minimum 0.3 FAR shall be Active uses n/a The requirement for a minimum 0.3 FAR of Active uses does not apply to projects where 30% of the units are restricted and affordable to low- or low-moderate income households or in the ECR/C- MXM sub-district along El Camino Real or where site constraints otherwise limit ground-floor development, as determined by the Chief Planner. Maximum Floor Area Ratio 2.0 1.5 n/a Exclusive of structured parking Maximum Floor Area Ratio with Incentive Program 3.0(A) 2.5(A) n/a Exclusive of structured parking Residential Density (units per acre; included within the FAR above) Minimum Density n/a n/a 80 Maximum Density 80 40 120 See Chapter 20.390, Bonus Residential Density Maximum Density with Incentive Program 110 60 180 See (A) and See Chapter 20.390, Bonus Residential Density Figure 20.270.004-1 Reference Figures 7 Table 20.270.004-2 Building Form and Location Standards for El Camino Real/Chestnut Sub-Districts Standard ECR/C-MXH ECR/C-MXM ECR/C-RH Additional Regulations # Height (ft.) Minimum Building Height 25; 40 along Chestnut Avenue and BART right-of-way, south of Oak Avenue (B) 1 Maximum Building Height See Figure 20.270.004-2 (A)(B) Minimum Ground Floor Height (Nonresidential Uses) 15; 12 min. clearance n/a (B) 2 Minimum Ground Floor Height (Residential Uses) 12 12 n/a (B) 3 Maximum Finished Floor Height (Residential Uses) 5 5 5 (B) 4 Yards (ft.) 8 El Camino Real Frontage At property line or 15 from curb (whichever is greater) n/a See (C) and 20.300.011 Projections into Required Yards 5 BART Right-of-Way Frontage 0 0 0 See (C) and 20.300.011 Projections into Required Yards All other Street Frontages Property line or 15 from curb (whichever is greater) 10 from property line or 15 from curb (whichever is greater) 10 See (C) and 20.300.011 Projections into Required Yards 6 Interior Side 0; 10 min when abutting a residential district 10 See (D) and 20.300.011 Projections into Required Yards 7 Rear 0 0 0 (D) 8 Corner Build Area (ft.) 30 30 30 (E) 9 Maximum Tower Dimension (ft.) 125 125 125 (F) 10 Maximum Separation Between Towers (ft.) 30 30 30 (F) 11 Maximum Lot Coverage (%) 90 90 90 See Chapter 20.040 Rules of Measurement Table 20.270.004-3 Open Space and Landscaping Standards for El Camino Real/Chestnut Sub- Districts Standard ECR/C-MXH ECR/C-MXM ECR/C-RH Additional Regulations # Minimum Usable Open Space (sq. ft. per residential unit) 150 150 150 (G) Minimum Public Open Space (% of site) 10; applicable only to lots greater than 15,000 square feet Minimum Amount of Landscaping (% of site) 10 10 10 See Section 20.300.007 Landscaping Figure 20.270.004-2 Building Height 9 Additional Development Standards A. Increased Density, FAR and/or Height. An increase in FAR, density, and height may be achieved for buildings through a combination of the following, subject to Conditional Use Permit approval by the City Council: 1. 0.5 FAR, up to 30 units per acre and/or 20 feet of height for the incorporation of Transportation Demand Management (TDM) measures specified in Chapter 20.400, Transportation Demand Management, or as deemed appropriate by the Chief Planner for residential projects. 2. 0.5 FAR, up to 30 units per acre and/or 20 feet of height for the following subject to Planning Commission approval: a. Projects that include high quality, innovative design and product type, and maximum provisions for pedestrian and bicycle use. b. Provision of Off-Site Improvements. This may include off-site amenities and/or infrastructure (other than standards requirements and improvements) such as funding for public safety facilities, libraries, senior centers, community meeting rooms, child care or recreation, or new or enhanced public spaces. c. Provision of green building measures over and above the applicable green building compliance threshold required pursuant to Title 15 (“Building and Construction”) of the South San Francisco Municipal Code. B. Heights and Building Stepbacks. 10 1. Ground Floor Height. The minimum ground floor height for buildings with nonresidential uses at the ground level is a minimum of 15 feet, with a minimum 12-foot clearance from floor to ceiling. In the ECR/C-MXH and ECR/C-MXM sub-districts, the minimum ground floor height shall be 12 feet for buildings containing ground floor residential uses. 2. Finished Floor Height for Residential Uses. The maximum finished floor height for ground floor residential uses is 5 feet above grade. 3. Street Wall Height. The minimum height of the street wall is 25 feet and the maximum height of the street wall is 35 feet. Along Chestnut Avenue and the BART right-of-way, south of Oak Avenue, the minimum height of the street wall is 40 feet and the maximum height of the street wall is 50 feet. 4. Front Building Stepback. A minimum of 50 percent of the street facing building frontage shall be stepped back within the area defined by a 75 degree angle originating from the top of the street wall to a point 80 feet from the average level of the highest and lowest point of the property along the public street. The Chief Planner may approve a reduced stepback percentage of 45 percent provided that a public plaza with a minimum depth of 25 feet, landscaping and seating amenities is provided on the ground level at grade; or other comparable public amenities are provided. Exceptions beyond that are subject to Planning Commission approval. Figure 20.270.004(B)(3) and (4) Street Wall and Building Stepback C. Build-to Line. Buildings shall be constructed at the required setback for at least 65 percent of linear street frontage. The area between the building and property line shall be paved so that it functions as a wider public sidewalk. This requirement may be modified or waived by the Planning Commission if: 11 1. The established street wall along El Camino Real and Chestnut Avenue is not interrupted; 2. Substantial landscaping is located between the build-to line and ground floor residential units to soften visual impact of buildings; 3. Entry courtyards, plazas, entries, or outdoor eating and display areas are located between the build-to line and building, provided that the buildings are built to the edge of the courtyard, plaza, or dining area; or 4. The building incorporates an alternative entrance design that creates a welcoming entry feature facing the street. Figure 20.270.004(C) Build-to Line D. Required Side and Rear Yards for Residential Uses. In order to provide light and air for residential units, the following minimum setbacks apply to any building wall containing windows and facing an interior side or rear yard. The following setbacks shall be provided: 1. For any wall containing windows, a setback of at least 5 feet shall be provided. 2. For any wall containing bedroom windows, a setback of at least 10 feet shall be provided. 3. For any wall containing living room or other primary room windows, a setback of at least 15 feet shall be provided. 4. The required setbacks apply to that portion of the building wall containing and extending 3 feet on either side of any window. E. Corner Build Area. Buildings must be located in accordance with the required setbacks within 30 feet of every corner. Public plazas may be at the street corner provided buildings are built to the edge of the public plaza. 12 Figure 20.270.004(E) Corner Build Area F. Tower Dimension and Separation. The maximum dimension of the portion of a building above 80 feet from finished grade shall not exceed 125 feet and must be separated from another building by at least 30 feet. Exceptions and modifications to dimensional standards of up to 10 percent may be granted by the Chief Planner, based on the finding that adequate design features have been incorporated to create visual variety and void a large-scale, bulky or monolithic appearance. Exceptions beyond 10 percent are subject to Planning Commission approval. Figure 20.270.004(F) Tower Dimension and Separation 13 G. Residential Usable Open Space. A minimum of 150 square feet of usable open space is required per residential unit and may be provided as common or private open space. Private areas typically consist of balconies, decks, patios, fenced yards, and other similar areas outside the residence. Common areas typically consist of landscaped areas, patios, swimming pools, barbeque areas, playgrounds, turf, or other such improvements as are appropriate to enhance the outdoor environment of the development; these can be in the form of courtyards at the ground level or terraces over parking podiums. 1. Minimum Dimensions. a. Private Open Space. Private open space located on the ground level (e.g., yards, decks, patios) shall have no dimension less than 10 feet. Private open space located above ground level (e.g., balconies) shall have no dimension less than 6 feet. b. Common Open Space. Minimum dimension of 20 feet. 2. Usability. A surface shall be provided that allows convenient use for outdoor living and/or recreation. Such surface may be any practicable combination of lawn, garden, flagstone, wood planking, concrete, or other serviceable, dust-free surfacing. Slope shall not exceed 10 percent. a. Accessibility. i. Private Open Space. The space shall be accessible to only one living unit by a doorway to a habitable room or hallway. ii. Common Open Space. The space shall be accessible to the living units on the lot. It shall be served by any stairway or other accessway qualifying as an egress facility from a habitable room. (Ord. 1511 § 2, 2016; Ord. 1449 § 2, 2011; Ord. 1448 § 2, 2011) D. Revise Section 20.270.005 Supplemental Regulations, and Figure 20.270.005(B) to read as follows: 20.270.005 Supplemental Regulations A. Building Bulk. The maximum lot coverage of the portion of a building above 45 feet to 80 feet from finished grade shall not exceed 80 percent of the lot area. Exceptions and modifications to dimensional standards of up to 10 percent may be granted by the Chief Planner, based on the finding that adequate design features have been incorporated to create visual variety and void a large-scale, bulky or monolithic appearance. Exceptions beyond 10 percent are subject to Planning Commission approval. B. Required Active Frontage. Active uses shall be located along the building frontage along primary streets, or facing public open space or plazas, and should incorporate ground-floor retail, civic uses, cultural uses, or other amenities with direct sidewalk access and some sidewalk visibility through use of transparent fenestration. 1. El Camino Real and Chestnut Avenue. A minimum of 65 percent of the frontage of a site along El Camino Real and Chestnut Avenue shall be devoted to active uses. 14 2. BART Right-of-Way South of Oak Avenue. A minimum of 75 percent of the frontage of a site along the BART right-of-way south of Oak shall be devoted to active uses. 3. Oak Avenue. A minimum of 65 percent of the frontage of a site along Oak Avenue shall be devoted to active uses. 4. Exceptions. The Chief Planner may approve a reduced frontage of 50 percent to allow for fire access, driveways, and for efficient site layout and site configuration. Exceptions beyond that are subject to Planning Commission approval. Figure 20.270.005(B) Required Active Frontage Minimum 65% of frontage shall be devoted to Active Uses. Minimum 75% of frontage shall be devoted to Active Uses. 15 C. Depth of Required Commercial Frontage. The minimum average depth of the required commercial frontage shall be 75 feet, or 65 feet for parcels less than 100 feet in depth. The Chief Planner may approve a reduced average depth of 65 feet, or 55 feet for parcels less than 100 feet in depth to allow for efficient site layout and site configuration. Exceptions beyond that are subject to Planning Commission approval. D. Building Transparency and Required Openings. A minimum of 60 percent of building façades facing streets and the BART right-of-way containing nonresidential uses and a minimum of 70 percent of street facing building façades containing retail uses shall provide transparency in accordance with the following: 1. Comprised of clear, nonreflective windows that allow views of indoor space between 2 and 12 feet above the sidewalk. 2. Windows or portions of windows, located between the sidewalk and 2 feet above the sidewalk may be glazed. Figure 20.270.005(D) Building Transparency and Required Openings E. Blank Walls. No wall facing streets and the BART right-of-way may run in a continuous plane for more than 20 feet without an opening. Openings fulfilling this requirement shall have transparent glazing and provide views into work areas, display areas, sales areas, lobbies, or similar active spaces, or into window displays that are at least 3 feet deep. 1. Exceptions. a. The maximum length of the wall may be 40 feet if it includes approved artwork approved by the City through the design review process. 16 b. The maximum length of the blank wall may be 30 feet for retail establishments with a gross floor area of 25,000 square feet or greater. Figure 20.270.005(E) Blank Walls F. Exterior Building Materials and Colors. 1. A unified palette of materials shall be used on all sides of buildings and structured parking. 2. Exterior materials shall be stone, brick, stucco, concrete block, painted wood clap-board, painted metal clapboard or other quality, durable materials approved by the City as part of the project review. G. Building Orientation and Entrances. 1. Buildings shall be oriented to face public streets and the BART right-of-way. Residential development adjacent to public spaces or connections shall be oriented facing onto the public space. 2. Building entrances shall be emphasized with small entry plazas, vertical massing, and architectural elements such as awnings, arcades, or porticos. 3. Entrances located at corners shall generally be located at a 45 degree angle to the corner and shall have a distinct architectural treatment to animate the intersection and facilitate pedestrian flow around the corner. Different treatments may include angled or rounded corners, arches, and other archi- tectural elements. All building and dwelling units located in the interior of a site shall have entrances from the sidewalk that are designed as an extension of the public sidewalk and connect to a public sidewalk. 4. In residential mixed-use developments, entrances to residential units shall be physically separated from the entrances to the permitted commercial uses and clearly marked with a physical feature such as a recess or projection incorporated into the building or appropriately scaled element applied to the façade. 5. All ground floor residential units shall have the primary entrance, either individual or shared, facing the public street, BART right-of-way, or a pedestrian connection and shall incorporate a projection (e.g., porch or stoop) or recess at least 40 square feet in area, with a minimum depth of 5 feet. Alternative designs that create a welcoming entry 17 feature facing the street, such as a trellis or landscaped courtyard entry, may be approved by the Chief Planner or Design Review Board. Figure 20.270.005(G)(3) Entrances Located on Corners H. Required Parking. Required parking for any use in ECR/C sub-districts shall be established by the Chief Planner based on the particular characteristics of the proposed use and any other relevant data regarding parking demand. The Chief Planner may require the provision of parking studies or any other information at the applicant’s cost as needed to assess parking demand for the proposed project. Where a Conditional Use Permit is required for the use, the Planning Commission will establish the ultimate parking requirement during the Conditional Use Permit application process. Generally, parking shall not exceed two spaces per unit for residential uses and one space per 300 square feet of commercial use. 1. Unbundling Parking from Residential Uses. Parking in excess of one space per unit may be sold or rented separate from the residential unit. All spaces shall be reserved for residential tenants on the same site. 2. In-Lieu Fees. In the ECR/C Parking District, the City may establish a parking mitigation fund and require payment of a fee in lieu of providing required parking on-site or off-site. a. In-Lieu Fee Amount. The amount of the in-lieu fee shall be calculated and paid as set forth in a resolution of the City Council. b. Use of Funds. In-lieu fees shall be used to fund and maintain shared parking facilities within the ECR/C Parking District. 18 Figure 20.270.005(H) ECR/C Parking District I. Limitations on Location of Parking. 1. Buildings shall be placed as close to the street, or public plaza or open space provided along street, as possible in compliance with the required setback, with parking located either underground, behind a building, or on the interior side or rear of the site. 2. Above ground parking may not be located within 40 feet of a street facing property line or BART right-of-way. Exceptions may be granted with the approval of a Conditional Use Permit when the following findings can be made: a. The design incorporates habitable space built close to the public sidewalk to the maximum extent feasible. b. The site is small and constrained such that underground parking or surface parking located more than 40 feet from the street frontage is not feasible. 3. The maximum height of a parking podium visible from El Camino Real is 5 feet from finished grade. Figure 20.270.005(I) Limitations on Location of Parking 19 J. Limitations on Curb Cuts. Curb cuts shall be minimized and located in the location least likely to impede pedestrian circulation. Curb cuts shall be located at least 10 feet from any intersection curb return or pedestrian crosswalk. K. Maximum Block Length. 600 feet; block length of up to 800 feet is allowed when a mid-block connection with a minimum width of 30 feet is provided. L. Pedestrian Access. On-site pedestrian circulation and access must be provided according to the following standards. 1. Internal Connections. A system of pedestrian walkways shall connect all buildings on a site to each other, to on-site automobile and bicycle parking areas, and to any on-site open space areas or pedestrian amenities. 2. To Street and Open Space Network. Regular connections between on-site walkways and the public sidewalk, public open space, and other pedestrian areas shall be provided. 3. To Neighbors. Direct and convenient access shall be provided from commercial and mixed-use projects to adjoining residential and commercial areas to the maximum extent feasible while still providing for safety and security. 4. To Transit. Safe and convenient pedestrian connections shall be provided from transit stops to building entrances. Sidewalk “bulb-outs” or bus “pullouts” may be required at potential bus stops. 5. Interior Pedestrian Walkway Design. a. Walkways shall be a minimum of 5 feet wide, shall be hard-surfaced, and paved with permeable materials. 20 b. Where a required walkway crosses driveways, parking areas, or loading areas, it must be clearly identifiable through the use of a raised crosswalk, a different paving material, or similar method. c. Where a required walkway is parallel and adjacent to an auto travel lane, it must be raised or separated from the auto travel lane by a raised curb at least four inches high, bollards, or other physical barrier. M. Truck Docks, Loading, and Service Areas. Truck docks, loading areas, and service areas must be located at the rear or interior side of buildings and be screened so as not to be visible from public streets. (Ord. 1449 § 2, 2011; Ord. 1448 § 2, 2011) City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1230 Agenda Date:1/10/2018 Version:1 Item #:21. Report regarding a resolution authorizing the acceptance of $25,000 from the San Bruno Community Foundation to support Project Read’s Literacy Services through the Learning Wheels program and approving Budget Amendment 18.020. (Valerie Sommer, Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting grant funding in the amount of $25,000 from the San Bruno Community Foundation to support Project Read’s family literacy services through the Learning Wheels program and approving Budget Amendment 18.020. BACKGROUND/DISCUSSION On September 25,2017,Project Read applied for a grant from the San Bruno Community Foundation to support the continuation of family literacy services offered through Learning Wheels for low-income,low- literacy parents and their children in the City of San Bruno.On December 6,2017 Project Read was awarded $25,000 in grant funding from the San Bruno Community Foundation.On a weekly basis San Bruno programs: 1)encourage literacy development of low-income residents,2)provide information and referrals so that families have the resources they need to succeed,and 3)distribute free children’s books to prepare children to learn to read. San Bruno programs run primarily through a partnership with Saint Bruno Hospitality House. Learning Wheels,the Library’s mobile literacy program,provides doorstep literacy services to low income,low -literacy parents and their children in North San Mateo County.Each month Learning Wheels visits over 400 families at preschools,transitional housing locations,social service agencies,health clinics,and participates in community events.In the past year,the Learning Wheels program distributed over 6,300 books and delivered 200 storytimes to families in South San Francisco and surrounding cities.Funding from the San Bruno Community Foundation allows Project Read’s Learning Wheels to continue vital services to the residents of San Bruno. FISCAL IMPACT Grant funds received will be used to amend the Library Department’s current Fiscal Year (FY)2017-18 operating budget per Budget Amendment 18.020.Funds not expended by the end of FY 2017-18 will be carried over into FY 2018-19. Receipt of these funds does not commit the City to ongoing funding. CONCLUSION Receipt of these funds will enable the Library to continue to provide literacy services in the City of San Bruno through Project Read’s Learning Wheels program.It is recommended that the City Council accept $25,000 in grant funding to support family literacy programming and amend the Library Department’s FY 2017-18 City of South San Francisco Printed on 1/4/2018Page 1 of 2 powered by Legistar™ File #:17-1230 Agenda Date:1/10/2018 Version:1 Item #:21. operating budget per Budget Amendment 18.020. City of South San Francisco Printed on 1/4/2018Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:17-1232 Agenda Date:1/10/2018 Version:1 Item #:21a. Resolution authorizing the acceptance of $25,000 from the San Bruno Community Foundation to support Project Read’s literacy services through the Learning Wheels program and approving Budget Amendment 18.020. 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 San Bruno Community Foundation has awarded the City $25,000 in grant funding to support Learning Wheels services in San Bruno; and WHEREAS,staff recommends the acceptance of the grant funding in the amount of $25,000 from the San Bruno Community 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 per Budget Amendment 18.020. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $25,000 in grant funding from the San Bruno Community Foundation and approves budget amendment 18.020 in order to reflect an increase of $25,000 in Library Department’s 2017-18 operating budget. ***** City of South San Francisco Printed on 1/12/2018Page 1 of 1 powered by Legistar™ CITY OF SOUTH SAN FRANCISCO SPEAKER CARD To address the City Council, please complete this card and submit it to the City Clerk Speaker comments are limited to three (3) minutes Please indicate which item you'd like to speak on: 1)'y Public Commenttss,o r 2) Agenda Item AIA Name: C��I f�J (.� Date:Z Pronounced: Address (optional)5'" Bkv -CITY-- ITY OF SOUTH SAN FRANCISCO SPEAKER CARD To address the City Council, please complete this card and submit it to the City Clerk Speaker comments are limited to three (3) minutes Please mdicate which item you'd like to speak on: Public Comments, or lam- I 1 n C 2) Agenda Item �r Name: C_,k�e GaN-ZALE ZJ .'Date: I f 0 Pronounced: Address (optional) 2� 1 I ��� J 1 S 7 t