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HomeMy WebLinkAbout2021-05-26 e-packet@6:00Wednesday, May 26, 2021 6:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA TELECONFERENCE MEETING City Council Regular Meeting Agenda May 26, 2021City Council Regular Meeting Agenda TELECONFERENCE MEETING NOTICE THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDERS N-29-20 AND N-63-20 ALLOWING FOR DEVIATION OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT & PURSUANT TO THE ORDER OF THE HEALTH OFFICER OF SAN MATEO COUNTY DATED MARCH 31, 2020 AS THIS MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT NECESSARY BUSINESS AND IS PERMITTED UNDER THE ORDER AS AN ESSENTIAL GOVERNMENTAL FUNCTION. The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff and the public while allowing for public participation. Councilmembers Coleman, Flores and Nicolas, Vice Mayor Nagales and Mayor Addiego and essential City staff will participate via Teleconference. PURSUANT TO RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES SHALL BE BY ROLL CALL DUE TO COUNCIL MEMBERS PARTICIPATING BY TELECONFERENCE. MEMBERS OF THE PUBLIC MAY VIEW A VIDEO BROADCAST OF THE MEETING BY: Internet: https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council Local cable channel: Astound, Channel 26 or Comcast, Channel 27 ZOOM LINK BELOW -NO REGISTRATION REQUIRED Join Zoom meeting https://ssf-net.zoom.us/j/87055877933 (Enter your email and name) Join by One Tap Mobile : US: +16699006833,,87055877933# or +13462487799,,87055877933# Join by Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 346 248 7799 or +1 669 900 6833 or 833 548 0276 (Toll Free) Webinar ID: 870 5587 7933 Page 2 City of South San Francisco Printed on 7/14/2021 May 26, 2021City Council Regular Meeting Agenda American Disability Act: The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at all-cc@ssf.net. Include your name, address, phone number, a brief description of the requested materials, and preferred alternative format service at least 72-hours before the meeting. Accommodations: Individuals who require special assistance of a disability-related modification or accommodation to participate in the meeting, including Interpretation Services, should contact the Office of the City Clerk by email at all-cc@ssf.net, 72-hours before the meeting. Notification in advance of the meeting will enable the City of South San Francisco to make reasonable arrangements to ensure accessibility to the meeting. PEOPLE OF SOUTH SAN FRANCISCO The City Council's regular meetings are held on the second and fourth Wednesday of each month at 6:00 p.m. MARK ADDIEGO, Mayor (At-Large) MARK NAGALES, Vice Mayor (District 2) BUENAFLOR NICOLAS, Councilmember (At-Large) JAMES COLEMAN, Councilmember (District 4) EDDIE FLORES, Councilmember (At-Large) ROSA GOVEA ACOSTA, City Clerk FRANK RISSO, City Treasurer MIKE FUTRELL, City Manager SKY WOODRUFF, City Attorney In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. Page 3 City of South San Francisco Printed on 7/14/2021 May 26, 2021City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Presentation of a Certificate of Recognition to Janice Martir, student at El Camino High School, and Cyrus Ramesh, student at South San Francisco High School, as the 2021 Jack Drago Cultural Arts Commission Youth Art Scholarship Award Recipients. (Mark Addiego, Mayor) 1. Proclamation honoring Charlene “Shane” Looper, Cultural Arts Commissioner, (Mark Addiego, Mayor) 2. Presentation on Reimagine SamTrans. (Jessica Epstein, and Jonathan Steketee with SamTrans) 3. Page 4 City of South San Francisco Printed on 7/14/2021 May 26, 2021City Council Regular Meeting Agenda PUBLIC COMMENTS HOW TO SUBMIT WRITTEN PUBLIC COMMENT BEFORE THE MEETING Members of the public are encouraged to submit public comments in writing in advance of the meeting via the eComment tab by 4:00 p.m. on the meeting date. Use the eComment portal by clicking on the following link: https://ci-ssf-ca.granicusideas.com/meetings or by visiting the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application used by City Council and staff. Comments received by the deadline will be read into the record by the City Clerk or designee. Comments received after the deadline will be included as part of the meeting record but will not be read aloud during the meeting. Approximately 300 words total can be read in three minutes. The Public Comment portion of the meeting is reserved for persons wishing to address the Council on any matter NOT on the agenda. Comments on agenda items will be taken when that item is called. If joining the conference by phone you may raise your hand by dialing *9 and *6 to unmute. State law prevents Council from responding to public comments or taking action on matters not on the agenda . The Council may refer comments to staff for follow -up. Speakers are limited to three minutes. If there appears to be a large number of speakers, the Mayor may reduce speaking time to limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). Speakers that are not in compliance with the City Council's rules of decorum will be muted. HOW TO PROVIDE PUBLIC COMMENT DURING THE MEETING Members of the public who wish to provide comment during the meeting may do so by using the “Raise Hand” feature: • To raise your hand on a PC or Mac desktop/laptop, click the button labeled "Raise Hand” at the bottom of the window on the right side of the screen. Lower your hand by clicking the same button, now labeled “Lower Hand.” • To raise your hand on a mobile device, tap “Raise Hand” at the bottom left corner of the screen. The hand icon will turn blue, and the text below it will switch to say "Lower Hand" while your hand is raised. To lower your hand, click on “Lower Hand.” • To raise your hand when participating by telephone, press *9. • To toggle mute/unmute, press *6. Once your hand is raised, please wait to be acknowledged by the City Clerk, or designee, who will call on speakers. When called upon, speakers will be unmuted. After the allotted time, speakers will be placed on mute. Page 5 City of South San Francisco Printed on 7/14/2021 May 26, 2021City Council Regular Meeting Agenda COUNCIL COMMENTS/REQUESTS CONSENT CALENDAR Motion to approve the Minutes for the meeting of April 14, 2021. (Rosa Govea Acosta, City Clerk) 4. Report recommending to accept the construction improvements of the Linden Avenue Phase 1 Traffic Calming Improvements Project (st1601). (Angel Torres, Senior Civil Engineer) 5. Report regarding a resolution approving an environmental testing services agreement for laboratory testing services with Alpha Analytical Laboratories, Inc. in an amount not to exceed $175,000 annually for Fiscal Years 2021-2022, 2022-2023, 2023-2024, 2024-2025, and 2025-2026, and authorizing the City Manager to execute the agreement. (Andrew Wemmer, Environmental Compliance Supervisor) 6. Resolution approving an environmental testing services agreement for environmental laboratory testing services with Alpha Analytical Laboratories, Inc. in an amount not to exceed $175,000.00 annually for Fiscal Years 2021-2022, 2022-2023, 2023-2024, 2024-2025 and 2025-2026, and authorizing the City Manager to execute the agreement. 6a. Report regarding a resolution determining the continued existence of an emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire. (Greg Mediati, Deputy Director of Parks and Recreation) 7. Resolution determining the continued existence of an emergency and authorizing procurement for emergency remediation work relating to fire damage on Sign Hill in South San Francisco. 7a. Report regarding a resolution to accept the construction improvements of the Grand Boulevard Initiative Project: Phase I (st1403) and Phase II (st1502). (Matthew Ruble, Principal Engineer). 8. Resolution to accept the construction improvements of the Grand Boulevard Initiative Project: Phase I (st1403) and Phase II (st1502). 8a. Report regarding a resolution accepting a grant in the amount of $29,750.40 from Kaiser Foundation Hospitals Northern California Community Benefits Programs to support COVID-19 Vaccine Equity in South San Francisco and approving budget amendment 21.051. (Christina Fernandez, Assistant to the City Manager) 9. Page 6 City of South San Francisco Printed on 7/14/2021 May 26, 2021City Council Regular Meeting Agenda Resolution authorizing the acceptance of a grant from Kaiser Foundation Hospitals Northern California Community Benefit Programs in the amount of $29,750.40 for COVID-19 Vaccine Equity in South San Francisco, authorizing the City Manager to execute a grant agreement, and approving budget amendment 21.051. 9a. Report regarding a resolution approving a consultant services agreement with Dysert Environmental, Inc. for environmental sampling services in an amount not to exceed $90,000 annually, for fiscal years 2021-2022, 2022-2023, 2023-2024, 2024-2025, and 2025-2026; and authorizing the City Manager to execute the agreement (Andrew Wemmer, Environmental Compliance Supervisor). 10. Resolution approving a consultant services agreement with Dysert Environmental, Inc. for environmental sampling services in an amount not to exceed $90,000.00 annually, for fiscal years 2021-2022, 2022-2023, 2023-2024, 2024-2025 and 2025-2026. 10a. Report regarding a resolution authorizing the City Manager to execute a professional services contract with Zoon Engineering, Inc. of Emeryville, California for construction management and inspection services for the Smart Corridors Expansion Project (Project No. tr2002) in an amount not to exceed $550,700 for a total budget of $633,305. (Bianca Liu, Senior Engineer) 11. Resolution authorizing the City Manager to execute a professional services contract with Zoon Engineering, Inc of Emeryville, California for construction management and inspection services for the Smart Corridors Expansion Project (Project No. tr2002) in an amount not to exceed $550,700 for a total budget of $633,305. 11a. Report regarding a resolution approving a one-year extension of a services agreement for the maintenance of the Emergency Standby Generators, 480V Utility/Generator Paralleling Switchgear and Cogeneration Engine Generator at the Water Quality Control Plant with Peterson Power Systems in an amount not to exceed $225,000 for fiscal year 2021-22 and authorizing the City Manager to execute the agreement. (Brian Schumacker, Water Quality Control Plant Superintendent) 12. Resolution approving a one-year extension of a services agreement for the maintenance of the Emergency Standby Generators, 480V Utility/Generator, Paralleling Switchgear and Cogeneration Engine Generator at the Water Quality Control Plant with Peterson Power in an amount not to exceed $225,000 for fiscal year 2021-22 and authorizing the City Manager to execute the agreement 12a. Page 7 City of South San Francisco Printed on 7/14/2021 May 26, 2021City Council Regular Meeting Agenda Report regarding a resolution awarding a construction contract to Murphy Industrial Coatings, Inc. of Signal Hill, California for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phase Two and Three for a total construction budget of $1,038,644.40, and authorizing the City Manager to execute agreement on behalf of the City. (Brian Schumacker, Plant Superintendent, and Peter Vorametsanti, Engineering Division Consultant/ Project Manager) 13. Resolution awarding a construction contract to Murphy Industrial Coatings, Inc. of Signal Hill, California for the Water Quality Control Plant And Pump Station Coating and Corrosion Protection Project Phases Two and Three (Project No. ss1307 & ss1901) in an amount not to exceed $865,537.00; authorizing a total construction budget of $1,038,644.40; and authorizing the City Manager to execute the construction contract on behalf of the City. 13a. Report regarding a resolution awarding landscape maintenance services agreements to Frank and Grossman Landscape Contractors, Inc. of Hayward, California for citywide right-of-way landscape maintenance services in an amount not to exceed $616,064, and to Gothic Landscaping of San Jose, California for Common Greens landscape maintenance services in an amount not to exceed $792,416 for a twenty-four (24) month term and amending the Parks and Recreation Department’s Fiscal Year 2021-22 and 2022-23 Operating Budgets pursuant to budget amendment # 22.002 (Greg Mediati, Deputy Director of Parks and Recreation). 14. Resolution awarding landscape maintenance services agreements to Frank and Grossman Landscape Contractors, Inc. of Hayward, California for citywide right-of-way landscape maintenance services in an amount not to exceed $616,064, and to Gothic Landscaping of San Jose, California for Common Greens landscape maintenance services in an amount not to exceed $792,416 for a twenty-four (24) month term and amending the Parks and Recreation Department’s Fiscal Year 2021-22 and 2022-23 Operating Budgets pursuant to budget amendment #22.002. 14a. Report regarding adoption of an ordinance amending the contract between the Board of Administration, California Public Employees’ Retirement System and the City of South San Francisco to implement the ability for Classic Miscellaneous members in the Executive Management Unit to increase their portion of the employer share of their CalPERS pension costs. (Leah Lockhart, Human Resources Director) 15. Ordinance approving an amendment to the contract between the Board of Administration California Public Employees’ Retirement System and the City Council of the City of South San Francisco. 15a. Page 8 City of South San Francisco Printed on 7/14/2021 May 26, 2021City Council Regular Meeting Agenda Report regarding an ordinance repealing Chapter 11.44 of the South San Francisco Municipal Code to eliminate the mandatory licensing of a bicycle or motorized bicycle before operating it within the City of South San Francisco. (Sky Woodruff, City Attorney) 16. Ordinance repealing Chapter 11.44 of the South San Francisco Municipal Code to eliminate the mandatory licensing of a bicycle or motorized bicycle before operating it within the City of South San Francisco. 16a. ADMINISTRATIVE BUSINESS Report regarding a motion to approve the program concept for the Shop Local Gift Card Program (Heather Ruiz, Management Analyst) 17. Report regarding consideration of countywide bus service changes proposed under the Reimagine SamTrans project. (Christopher Espiritu, Senior Planner and Tony Rozzi, Chief Planner) 18. Report regarding a resolution approving the Second Amendment to the Exclusive Negotiating Rights Agreement with Firehouse Work LLC and Eden Housing for the disposition of the old firehouse property located at 201 Baden Avenue (Julie Barnard, Economic Development Coordinator). 19. Resolution approving the second amendment to the Exclusive Negotiating Rights Agreement with Firehouse Work LLC and Eden Housing for the old firehouse property located at 201 Baden Avenue 19a. Report regarding a resolution authorizing the City Manager to execute an agreement with the County of San Mateo for continued provision of animal control services for a five-year term beginning July 1, 2021, not to exceed $662,368 for FY 2021/22. 20. Resolution authorizing the City Manager to execute an agreement with the County of San Mateo for continued provision of animal control services for a five-year term beginning July 1, 2021, not to exceed $662,368 for FY 2021/22. 20a. Report regarding an ordinance to amend Title 15 of the South San Francisco Municipal Code to adopt Reach Codes for Electrical Energy and Electric Vehicle Charging Stations (Alex Greenwood, Director of Economic and Community Development) 21. Page 9 City of South San Francisco Printed on 7/14/2021 May 26, 2021City Council Regular Meeting Agenda An ordinance amending Title 15 (Buildings and Construction) of the South San Francisco Municipal Code to adopt certain modifications and additions to the California Energy Code/Building Energy Efficiency Standards and the California Green Building Standards Code which serve as Reach Codes to increase building efficiency and increase requirements related to electric vehicle charging stations. 21a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS San Mateo County City Selection Committee discussion and motion to approve an alternate to the City Selection Committee. (Mark Addiego, Mayor) 22. CLOSED SESSION Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6) Agency designated representatives: Leah Lockhart, Human Resources Director, Donna Williamson, Liebert Cassidy Whitmore Employee organization: AFSCME, Local 829; Confidential Unit - Teamsters Local 856; Mid-management Unit - Teamsters Local 856; and International Union of Operating Engineers, Local 39 23. Conference with Legal Counsel-Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One potential case 24. ADJOURNMENT Page 10 City of South San Francisco Printed on 7/14/2021 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-192 Agenda Date:5/26/2021 Version:1 Item #:1. Presentation of a Certificate of Recognition to Janice Martir, student at El Camino High School, and Cyrus Ramesh, student at South San Francisco High School, as the 2021 Jack Drago Cultural Arts Commission Youth Art Scholarship Award Recipients. (Mark Addiego, Mayor) City of South San Francisco Printed on 5/21/2021Page 1 of 1 powered by Legistar™ Jack Drago Cultural Arts Commission Youth Art Scholarship 2021 South San Francisco High School Finalist Cyrus Ramesh Cyrus Ramesh Preferred medium: Video editing Greatest Goal: Film and Theater acting Plans to major in Theater and minor in Visual Media Cyrus Ramesh Cyrus Ramesh Cyrus Ramesh Cyrus Ramesh Cyrus Ramesh Cyrus Ramesh 2020 SSFHS Virtual Homecoming Rally (Long-Form Visual Media) https://youtu.be/ooiDPOsbS2I 2020 SSFHS Freshmen Orientation (Long-Form Visual Media) https://youtu.be/wj0Py__zHFY 2020 SSFHS ASB Holiday Sing-a-Long (Short-Form Visual Media) https://youtu.be/c5NZXxz6aj4 2020 SSFHS Prom Venue Reveal (Short-Form Visual Media) https://youtu.be/F2355Vwn7j8 Cyrus Ramesh Jack Drago Cultural Arts Commission Youth Art Scholarship 2021 El Camino High School Finalist Janice Megan Martir Janice Megan Martir Preferred medium: Pencil on paper Greatest Goal: To pursue a career as an illustrator focusing on storybook art and character design pencil on paper Janice Megan Martir The Yellow Wallpaper Janice Megan Martir Akilah Simmons Character Design Pencil Sketch 2 Pencil Sketch 1 Pencil Sketch 5 Janice Megan Martir Janice Megan Martir watercolor The Robbery of Culture Janice Megan Martir pen on paper Coffee Shop Watercolor 1 Janice Megan Martir Colored pen on paperJanice Megan Martir City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-357 Agenda Date:5/26/2021 Version:1 Item #:2. Proclamation honoring Charlene “Shane” Looper, Cultural Arts Commissioner,(Mark Addiego, Mayor) City of South San Francisco Printed on 5/21/2021Page 1 of 1 powered by Legistar™ RECOGNITION OF CHARLENE “SHANE” LOOPER FOR HER 13 YEARS OF SERVICE ON THE CITY OF SOUTH SAN FRANCISCO’S CULTURAL ARTS COMMISSION May 26, 2021 WHEREAS, Charlene “Shane” Looper has served on the City of South San Francisco’s Cultural Arts Commission for 13 years; and WHEREAS, Shane has been an active and contributing member of the Cultural Arts Commission as well as the Improving Public Places (IPP) group, volunteering hundreds of hours supporting City functions and events; and WHEREAS, during Shane’s terms of service, she has been a passionate art advocate, tirelessly contributing to art exhibits, public art and youth scholarship fundraising programs; and WHEREAS, Shane is a recognized Master Floral Designer, current President of California Garden Clubs, and respected member of several local and national floral organizations, and has generously donated her time and utilized her expertise to coordinate, plan and implement many projects to improve the South San Francisco community; and WHEREAS, Shane has been instrumental in beautification and civic landscape improvements, through the efforts of the Improving Public Places (IPP) group; and WHEREAS, Shane has demonstrated outstanding leadership, serving as Cultural Arts Commission Chair, and in a capable and uplifting fashion guided the Commission’s goals through the difficult challenges of the Covid-19 pandemic; and WHEREAS, Shane’s dedication and commitment to South San Francisco extends beyond the Cultural Arts Commission as she has been a trusted advisor to members of the City Council and staff; and WHEREAS, Shane was recognized as an outstanding volunteer and was presented the 2019 Volunteer Citizen award by the California Parks and Recreation Society (CPRS) District IV; and WHEREAS, Shane’s colleagues on the South San Francisco Cultural Arts Commission have recognized her distinguished contributions on the completion of her term of service, and she has served as an excellent representative of the citizens of South San Francisco since her appointment; and NOW, THEREFORE, BE IT RESOLVED that Mayor Mark Addiego and the City Council of the City of South San Francisco, do hereby commend Shane Looper for outstanding service to the City of South San Francisco. ________________________________ Mark Addiego, Mayor ________________________________ Mark Nagales, Vice Mayor ________________________________ Buenaflor Nicolas, Council Member ________________________________ James Coleman, Council Member ________________________________ Eddie Flores, Council Member City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-355 Agenda Date:5/26/2021 Version:1 Item #:3. Presentation on Reimagine SamTrans.(Jessica Epstein, and Jonathan Steketee with SamTrans) City of South San Francisco Printed on 5/21/2021Page 1 of 1 powered by Legistar™ Reimagine SamTransBus Network AlternativesCity of South San FranciscoMay 26, 2021 AgendaProject Guiding Principles & Timeline Introducing the Alternatives– Potential Changes in SSFPublic Input Questions2 What Are Our Guiding Principles?Employcustomer-focused decision-makingDesign service that can be reasonably delivered byour workforceProvide transportation services that support principles ofsocial equityBe an effectivemobility providerCustomer FocusWorkforce DeliverySocial EquityEffective Mobility Project Timeline5We’re here Informing the Alternatives6Existing conditionsWhat’s working and not working for SamTrans?Public outreachWhat are the community’s priorities for SamTrans?Market researchWhat are rider and non-rider perceptions and desires?AlternativesThree bus network alternatives for the public to comment on What are the objectives of all three alternatives?ReliabilityConnectionsLess DuplicationAddress reliability and on-time performanceImprove connections at county and regional hubsReduce route duplication within our systemSchedulingEquityEfficiencyMore efficient scheduling to reduce costs and maximize resourcesAdd or improve service in high-need areasMore efficient resource allocation, such as using all capacity on school-related routes Reimagine SamTrans Alternatives THE ALTERNATIVES Alt 1: Direct, high-frequency service within the county12What changes by Service TypeSchool-related Service-Modest ReductionLocal Service: Neutral-Slight ReductionFrequent Service-Moderate IncreaseExpress Service: Neutral-Slight ReductionOverall ChangesIncrease frequency on 7 routes with service every 15 minutes, minimum 12 hours a day, 7 days a week.Add Service to Oyster Point from Daly City, SSF & San Bruno.Add Service from East Palo Alto to SFO and San Bruno BART with a limited stop route.All Service into downtown SF truncated near county line.Routes 292 and ECR split into 2 routes, Improving reliability and increase frequency in busiest areas.Areas with low ridership targeted for service reductions. Alt 2: Expanded connections to rail and the region14What changes by Service TypeSchool-related Service-Modest ReductionLocal Service-IncreaseFrequent Service-NeutralExpress Service-IncreaseOverall ChangesExpand service to connect with BART at Colma & Millbrae.Expand service to connect with Caltrain at Hillsdale & Redwood CityAdd 2 new routes to Oyster Point3 routes into downtown SF: Route 292, FCX, & New Express route from San MateoAreas with low ridership targeted for service reductions. Alt 3: Retain geographic service coverage16What changes by Service TypeSchool-related Service-Modest ReductionLocal Service-Modest IncreaseFrequent Service-NeutralExpress Service-ReductionOverall Changes11 Routes with increased midday and weekend service.Improve connections between East Palo Alto, Stanford, Daly City, & SFO.Microtransit zones for East Palo Alto, Foster City, Millbrae & Half Moon Bay.Fully Restore FCXReduced transfers & more one-seat rides to key destinations. Does the alternative …How do the alternatives compare?CustomerFocusAddress key themes of rider feedback●●●●●●●●●Add more middayand weekendservice●●●●●●●●●Add frequency●●● ●●●●●●Workforce DeliveryReduce pressure on peak service delivery●●● ●●●●●●Reduce split shifts●●● ●●●●●●Effective MobilityHave the potential to increase ridership●●● ●●●●●●Leverage other transportation investments(101 Managed Lanes, BART, Caltrain)●●●●●● ●●●Add faster routes with fewer stops●●●●●●●●●Provide service to new areas●●●●●●●●●Increase percentage of people with access to high-frequency bus service●●● ●●●●●●SocialEquityIncrease access to places within 45 minutes on transit from equity zones●●●●●●●●●Increase share of residents in equity zones with high frequency service●●● ●●●●●●123 ROUTE ECR FOCUSPalo Alto to Daly City Route ECR – Alt. 1Split into two routes - ECR North and ECR South - at the Millbrae Transit CenterRoute ECR North would operate every 10 min on weekdays and every 15 min on weekendsRoute ECR South would operate every 15 minutes, seven days a weekShorten route in Daly City by using Flourney StreetReintroduce ECR Rapid service between Redwood City and San Bruno BART Route ECR – Alt. 2Reduce the number of stops on route to improve speed and reliabilityUp to 30% of stops could be consolidated, which reduce travel times between Daly City and Palo Alto by 10-15 minutes during peak timesAbout 10% of riders would need to walk further to a new stop but all riders would have faster, more reliable serviceShorten route in Daly City by using Flourney Street Route ECR – Alt. 3Reschedule route to better reflect actual travel speedsHours of service and frequency would not changeShorten route in Daly City by using Flourney StreetAlternative 3 alignment is the same as Alternative 2 PROPOSED CHANGES IN SOUTH SAN FRANCISCO Route 120 AlternativesAlt 1: Direct, high-frequency service within the county• Shorten route to end at Daly City BART to reduce duplicative service.• Frequency increases. • To every 15 minutes all day and weekends.• To every 10 minutes between 2PM-4PM.• Evening service levels more than double 7 days a week. Route 120 AlternativesAlt 2: Improved Connections to Rail and the Region• Extend route to Mission Hills Park• Frequency would not change.• Concurrent with recommendation to shorten route 121 to end at Daly City BART. Route 120 AlternativesAlt 3: Retain Geographic Coverage• Shorten Route• End at Daly City BART• Cease service to South Hill• Other Samtrans routes would still serve areas where route is shortened.• Route would not connect Colma BART and Serramonte, but other routes would.• Route 120 & 130 would be combined at Serramonte.• Allows for connections to SSF, Oyster Pt. and SFO. Route 122 AlternativesAlt 1: Direct, high-frequency service within the county• Split route at Colma BART• Northern portion of route remains route 122.• Increase frequency to every 15 minutes during day on weekdays.• Southern portion of route becomes route 125 (new route).• Operate every 30 minutes all day.• Improved on time performance.• Adds frequency where majority of ridership is located. Route 122 AlternativesAlt 2: Improved Connections to Rail and the Region & Alt 3: Retain Geographic Coverage• No Changes to the route. Route 126 AlternativesAlt 2: Improved Connections to Rail and the Region• New Route under Alternative• Route would operate every 15 minutes between 6:30-9:30AM and 4:00-7:00PM.• Route would operate every 30 minutes between 9:30-4:00 PM• Would improve access to Oyster Point and provide access to neighborhoods along Sister Cities Blvd., Hillsdale Blvd. & Chestnut Ave. Route 126 AlternativesAlt 1: Direct, high-frequency service within the county & Alt 3: Retain Geographic Coverage• Route would be eliminated for these alternatives. Route 130 AlternativesAlt 1: Direct, high-frequency service within the county• Extend route to Oyster Point.• Service between E. Market St. and Daly City BART would increase in frequency.• Overall more frequency service.• Increase frequency to every 15 minutes during the day, 7 days a week.• Operate until midnight on weekends instead of 8PM. Route 130 AlternativesAlt 2: Improved Connections to Rail and the Region• Extension to Oyster Point on weekdays.• More direct access to SSF Caltrain Station.• On Weekends, would end at SSF Caltrain Station• Operate until midnight on weekends instead of 8PM. Route 130 AlternativesAlt 3: Retain Geographic Coverage• Operate between Daly City BART and Serramonte only.• Route 120 would still service Linden Ave. with more frequent and later service.• Would operate until 10PM on weekends instead of 8PM Route 141 AlternativesAlt 1: Direct, high-frequency service within the county• Route would operate more frequently, every 15 min. 7 days a week.• Operate later, until 10:30 PM 7 days a week.• Would discontinue service between San Bruno BART and Shelter Creek Lane due to low ridership. Route 141 AlternativesAlt 2: Improved Connections to Rail and the Region• Same alignment as Alternative 1• But, would operate every 30 minutes and end at 10:00 PM. Route 141 AlternativesAlt 3: Retain Geographic Coverage• Route would be eliminated and Route 140 would take over a majority of the service.• Another option is the Bay Hill Shuttle during peak service. Route 292 AlternativesAlt 1: Direct, high-frequency service within the county• Add Millbrae BART Station to the route.• Split Route in two at Millbrae BART Station.• Rename Route between Hillsdale and Millbrae Route 293.• End at Bayshore to connect with Muni• Route will not go to Downtown SF• Increases Frequency to every 15 minutes during Peak and Midday 7 days a week• New Route 293 will still be at 30 minute frequency. Route 292- AlternativesAlt 2: Improved Connections to Rail and the Region• Route 292 would stay on the same routing• Stops would be evaluated an placed ~1/2 mile.• Will mean fewer stops on the route.• Will decrease travel time along the route.• Frequency and Hours of Service stay the same. Route 292- AlternativesAlt 3: Retain Geographic Coverage• Route 292 would add Millbrae BART Station• Limited stop service in San Francisco (stops ~1/2 miles)• Frequency and Hours of Service stay the same. Community Routes AlternativeRoute 37 & 39Proposed: Combine Routes 37 and 39 in one route.• Route serves Alta Loma MS• Route 37 serves neighborhoods to the east of El Camino Real• Route 39 served neighborhoods to the west of El Camino Real• With ridership demand, we could combine both routes into one• Combines two underutilized routes into one while only adding approximately 3 minutes of travel time. PUBLIC INPUT Public Input through May 31, 202159Ways to participate:– Visit www.reimaginesamtrans.com– Review route alternatives and take a survey– Talk to staff during a live social media event or virtual Q&A session – Meetings with stakeholder groups– Limited in-person pop-up events Virtual Public Meetings HeldMid-County: Thurs, April 29 – 5:30-6:30 PM– Languages: Spanish and MandarinCoastside: Wed, May 5 – 5:30-6:30 PM– Languages: Spanish, Mandarin, and CantoneseSouth County: Wed, May 12 – 5:30-6:30 PM– Languages: Spanish and MandarinNorth County: Tues, May 18 – 5:30-6:30 PM– Languages: Spanish, Mandarin, and CantoneseGet all meeting information at www.reimaginesamtrans.com/get-involved Review and Comment on ProposalsVisit www.reimaginesamtrans.com/alternativesClick here Questions City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-408 Agenda Date:5/26/2021 Version:1 Item #:4. Motion to approve the Minutes for the meeting of April 14, 2021.(Rosa Govea Acosta, City Clerk) City of South San Francisco Printed on 7/14/2021Page 1 of 1 powered by Legistar™ CALL TO ORDER Mayor Addiego called the meeting to order at 6:00 p.m. ROLL CALL Present: Councilmembers Coleman, Flores and Nicolas, Vice Mayor Nagales, and Mayor Addiego AGENDA REVIEW No changes ANNOUNCEMENTS FROM STAFF Assistant to the City Manager Fernandez reported the City held various successful vaccination clinics and another one would be held on Saturday. She encouraged the community to get vaccinated. Deputy Director of Parks and Recreation Mediati announced the reopening of various activities and programs. Summer registration would begin on May 3rd and a virtual art exhibit would start on April 23rd. PRESENTATIONS 1. Presentation from California Teachers Association (CTA) on the rise of anti-Asian and anti-AAPI racism/violence. (Daniel Yanow and Catrina Ellis) Councilmember Coleman introduced Daniel Yanow and Catrina Ellis. Mr. Yanow thanked the Council and introduced Catrina Ellis. Ms. Ellis read into the record a statement from the South San Francisco California Teachers Association on the rise of anti-Asian racism and thanked Council for their support. 2. Recognition of 100 year anniversary of Santini & Roccucci. (Mark Addiego, Mayor) Mayor Addiego read into the record a proclamation recognizing the 100 year anniversary of Santini & Roccucci. Rachelle Ungaretti Young thanked staff and Council for the recognition. MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, APRIL 14, 2021 6:00 p.m. Teleconference via Zoom City Council conducted this meeting in accordance with California Governor Newsom’s Executive Orders N-29-20 and N-63-20 and COVID-19 pandemic protocols. REGULAR CITY COUNCIL MEETING APRIL 14, 2021 MINUTES PAGE 2 3. Proclamation recognizing Public Safety Telecommunicators Week, April 11-17, 2021. (Mark Addiego, Mayor) Vice Mayor Nagales read into the record a proclamation recognizing Public Safety Telecommunicators Week. Elizabeth Kennan and Gina Winter, Communications Supervisors from the South San Francisco Police Department accepted the proclamation and thanked Council for the recognition. PUBLIC COMMENTS Members of the public were encouraged to submit public comments in writing in advance of the meeting via eComment by 4:00 p.m. on the day of the meeting. The following individual addressed the City Council to provide public comment: • Hon. Raymond Buenaventura, Daly City resident COUNCIL COMMENTS/REQUESTS City Clerk Govea Acosta recognized Joanne Howell for her contributions to the community. She expressed her condolences to the family and requested the meeting to be adjourned in her memory. Councilmember Nicolas commended police officers in swing shift b for assisting a mother and child with a place to stay for the night. She announced a partnership with the South San Francisco Chamber of Commerce and SITIKE to promote mental health. She provided information about another partnership with UnitedWE and the City’s Racial and Social Equity Commission to launch the Appointments Project, which empowers women and increases gender diversity in the Boards and Commissions. Councilmember Nicolas requested the meeting be adjourned in memory of Bienvenido Acosta. Councilmember Coleman requested staff collect data on all public safety traffic stops and suggested looking at what other cities are doing to reduce interactions with the police. City Manager Futrell indicated that staff would pursue collecting the data and provided it to Council. Councilmember Flores expressed his gratitude to the Council for their support of the COVID-19 vaccination clinics. He thanked staff, volunteers, and San Mateo County for their collaboration and assistance. He discussed the murder of Daunte Wright and expressed his condolences to the family. Vice Mayor Nagales requested the meeting be adjourned in memory of former Mayor and Assemblymember Gene Mullin. He requested having a discussion on the Outdoor Dining Program and the Downtown Plan. City Manager Futrell stated that the Outdoor Dining Program was operating under an emergency ordinance and had a deadline. He stated the items would be brought back for Council consideration at a future meeting. Mayor Addiego expressed his concerns with the COVID-19 vaccination events and suggested the City add sitting areas for members of the community. He requested the meeting be adjourned in memory of Gilberto Dominguez and Dan Mathiesen. REGULAR CITY COUNCIL MEETING APRIL 14, 2021 MINUTES PAGE 3 CONSENT CALENDAR The City Clerk duly read the Consent Calendar and the City Council engaged in discussion of specific item as follows: Item 5 was pulled by Councilmember Flores and Item 8 was pulled by Vice Mayor Nagales. Item No. 5 – Councilmember Flores inquired whether the bus stops would have cutouts and funding options for the project. Planning Manager Rozzi indicated that the plan would create new hardscape infrastructure for the East of 101 and bus stops cutouts could be explored. He stated that the East of 101 transit project had flexibility on funding options, if the project was selected. Item No. 8 – Vice Mayor Nagales inquired whether the chapter that was dissolving was the one that provided tax return assistance. Deputy Director Mediati indicated that the National AARP was the one that provided tax support for the community. 4. Motion to approve the Minutes for the meeting of February 24, 2021 and March 10, 2021. 5. Report regarding Resolution No. 66-2021 to authorize the filing of an application for funding assigned to MTC, committing any necessary matching funds, and stating assurance to complete the El Camino Real Grand Boulevard Initiative Phase III OBAG Project AND the East of 101 Transit Expansion Project. (Jeffrey Chou, Associate Engineer) 6. Report regarding Resolution No. 67-2021 authorizing the acceptance of $5,000 from Quality Counts San Mateo County, and $17,000 from the San Mateo County Learning Hubs Expansion Fund for the Parks and Recreation Department’s Childcare Program for Fiscal Year 2020-2021. (Greg Mediati, Deputy Director of Parks and Recreation) 7. Report regarding Resolution No. 68-2021 determining the continued existence of an emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire. (Greg Mediati, Deputy Director of Parks and Recreation) 8. Report regarding Resolution No. 69-2021 authorizing the acceptance of $4,000 from AARP South San Francisco Chapter #3156 and $300 from the South San Francisco Women’s Club for the Parks and Recreation Department for Fiscal Year 2020-2021. (Greg Mediati, Deputy Director of Parks and Recreation) 9. Report regarding Resolution No. 70-2021 approving a First Amendment to the Purchase Agreement with Polydyne, Inc. for the purchase of cationic and anionic polymers for an additional $180,000. (Brian Schumacker, Water Quality Control Plant Superintendent. Motion — Councilmember Nicolas/Second – Councilmember Vice Mayor Nagales: To approve Consent Calendar items 4-9, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ADMINISTRATIVE BUSINESS 10. Report regarding adoption of Resolution No. 71-2021 of Intention to Issue Tax-Exempt Obligations related to the Civic Campus and Street Paving Program. (Jason Wong, Deputy Finance Director) REGULAR CITY COUNCIL MEETING APRIL 14, 2021 MINUTES PAGE 4 Deputy Finance Director Wong presented the item and provided background information on Tax- Exempt Obligations. He stated that under the Internal Revenue Code, an issuer of tax-exempt debt may reimburse itself for certain costs spent on capital projects from proceeds of tax-exempt debt. The City would continue to pay for costs of the Civic Center Campus and the Street Paving Program from available City funds. The following individuals addressed the City Council to provide public comment: • Mina Richardson, community member Motion — Councilmember Flores/Second – Councilmember Nicolas: To adopt Resolution No. 71- 2021 of Intention to Issue Tax-Exempt Obligations related to the Civic Campus and Street Paving Program, by roll call vote: AYES: Councilmembers Coleman, Flores, Vice Mayor Nagales; NAYS: Councilmember Nicolas and Mayor Addiego; ABSENT: None; ABSTAIN: None. 11. Report regarding adopting Resolution No. 72-2021 approving the appropriation of funding for the Economic Mobility Resource hub, professional services agreements with Renaissance Entrepreneurship Center and JobTrain, and accepting a contribution from Lane Partners for the new Economic Mobility Resource Hub in South San Francisco. (Mike Lappen and Ernesto Lucero, Economic Development Coordinators, and Nell Selander, Deputy Director, Economic and Community Development Department) Economic Development Coordinator Lucero presented the report and provided background information on the new Economic Mobility Resource hub. He introduced Barrie Hathaway, President and Chief Executive Officer of JobTrain. Mr. Hathaway provided an overview of their workforce development program and introduced Art Taylor, Chief Strategy Officer of JobTrain who provided an overview of the program timeline. Sharon Miller, Chief Executive Officer and Tim Russell, Program Director of Renaissance Entrepreneurship Center provided an overview of the small business and entrepreneurship assistance program. Vice Mayor Nagales inquired on any lessons learned from other sites that could be brought to South San Francisco. Mr. Russell stated that having great marketing and partnerships that would peak the interests of the community. Councilmember Nicolas stated she was familiar with JobTrain and Renaissance Entrepreneurship Center and expressed her support of the programs. Councilmember Flores expressed his support for the programs and thanked Mr. Russell for the thoroughness of his report. Councilmember Coleman expressed his support of the programs. Motion — Councilmember Nicolas/Second – Councilmember Coleman: To adopt Resolution No. 72-2021 approving the appropriation of funding for the Economic Mobility Resource hub, professional services agreements with Renaissance Entrepreneurship Center and JobTrain, and accepting a contribution from Lane Partners for the new Economic Mobility Resource Hub in South San Francisco, by roll call vote: AYES: Councilmembers Coleman, Flores, Vice Mayor Nagales; NAYS: Councilmember Nicolas and Mayor Addiego; ABSENT: None; ABSTAIN: None. REGULAR CITY COUNCIL MEETING APRIL 14, 2021 MINUTES PAGE 5 Meeting recessed: 7:45 p.m. Meeting resumed: 7:55 p.m. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Councilmember Nicolas invited the community to attend the next meeting for the Racial and Social Equity Commission on Wednesday, April 21 at 4:00 p.m. The topic would be affordable housing. Mayor Addiego expressed his concerns with Councilmember Coleman and a conversation he had with a Parks and Recreation Commissioner. Councilmember Coleman provided an explanation of the call to the commissioner. Entered into Closed Session: 08:06 p.m. CLOSED SESSION 12. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Property: 366 Grand Avenue (APN 012-312-310) City Negotiators: Alex Greenwood, Director of Economic and Community Development; Nell Selander, Deputy Director of Economic and Community Development; Mike Lappen, Economic Development Coordinator; and Ernesto Lucero, Economic Development Coordinator Negotiating Party: Sebanc Properties Under Negotiations: Price and terms 13. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Property: City property at Oyster Point (APN 015-010-970) City Negotiators: Alex Greenwood, Director of Economic and Community Development; Nell Selander, Deputy Director of Economic and Community Development; and Ernesto Lucero, Economic Development Coordinator Negotiating Party: Ensemble Investments Under Negotiations: Price and terms Resumed from Closed Session: 9:16 p.m. Report out of Closed Session by Mayor Addiego: Direction given to negotiators. No reportable action. ADJOURNMENT Being no further business, Mayor Addiego adjourned the meeting in memory of Joanne Howell, Bienvenido Acosta, Hon. Gene Mullin, Gilberto Dominguez and Dan Mathiesen at 9:18 p.m. Respectfully submitted by: Approved by: Cindy Avila Mark Addiego Assistant City Clerk Mayor Approved by the City Council: / / City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-403 Agenda Date:5/26/2021 Version:1 Item #:5. Report recommending to accept the construction improvements of the Linden Avenue Phase 1 Traffic Calming Improvements Project (st1601).(Angel Torres, Senior Civil Engineer) RECOMMENDATION It is recommended that the City Council,by motion,accept the construction improvements of the Linden Avenue Phase 1 Traffic Calming Improvements Project (st1601). BACKGROUND/DISCUSSION On June 24,2020,the City Council of South San Francisco awarded a construction contract to Burch Construction Company of San Francisco,CA for the Linden Avenue Phase 1 Traffic Calming Improvements Project in an amount not to exceed $605,980. The Linden Avenue Phase 1 Traffic Calming Improvements Project is the culmination of two separate City projects along this corridor,as further described below and shown on Attachment 1 (Project Location Map). The projects were designed as one comprehensive project,but are being constructed in two separate construction contracts.The work on Phase 1 consisted of improvements at two intersections,starting just south of Pine Avenue to just north of Aspen Avenue.This project was awarded a City/County Association of Governments (C/CAG)Transportation Development Act (TDA)grant.City project st1602 Linden Avenue Phase 2 and Spruce Avenue Traffic Calming Improvements,which was also awarded a grant but was not to be part of this Phase 1 construction project,includes work at three intersections starting just south of Miller Avenue to just north of California Avenue,and along Spruce Avenue between Maple Avenue and Tamarack Lane. The Phase 1 project’s total construction budget is $757,475.00. These projects improve safety for pedestrians and bicyclists along the Linden Avenue corridor,helping to mitigate conflicts with motor vehicles and encourage economic development.The projects increase driver awareness along the corridor through the installation of traffic calming treatments such as curb extensions (bulb -outs),advanced stop bars at stop-controlled approaches,high reflectivity thermoplastic crosswalks,and the addition of state approved “green”color “sharrows”to increase awareness of the mixed-use bicycle and vehicle lanes.These features will also enhance pedestrian access to transit stops and promote bicycle usage along the Linden Avenue corridor.The projects also include storm drain runoff biofiltration/planter areas at each corner curb extension with a new irrigation system to be utilized during the non-rainy season to irrigate the plants in the biofiltration planters. The City issued a Notice to the Contractor that the project was Substantially Complete as of December 24, 2020 and that the “180-Day Plant Establishment Period”had commenced as of December 16,2020.The plant establishment period ends on June 13,2021.On January 11,2021,the Contractor was issued a list of work items that were either defective or incomplete (Punch List),and that needed to be corrected prior to project acceptance. All items on the punch list have been corrected or completed. The project was initially scheduled to be completed in 50 working days,and reached substantial completionCity of South San Francisco Printed on 5/21/2021Page 1 of 2 powered by Legistar™ File #:21-403 Agenda Date:5/26/2021 Version:1 Item #:5. The project was initially scheduled to be completed in 50 working days,and reached substantial completion after 107 working days.Based upon the extended completion time,Burch Construction has submitted multiple proposed change order (PCO)requests for additional compensation.The City has reviewed and denied the PCO requests,a decision the contractor disputes.A final accounting of all project costs will be completed after project acceptance. At this time,staff seeks to close out the Project and file a notice of completion with the County.Accepting the project will allow the City to proceed in calculating the final payment on the Project. FISCAL IMPACT The project was approved and included in the City of South San Francisco’s fiscal year 2020-21 Capital Improvement Program (Project No.st1601)with sufficient funds allocated to cover the project costs.This project is funded by general funds, TDA grant and Measure A funds. The current construction cost incurred for the project is summarized as follows with the final costs to be determined after acceptance. The final cost is not expected to exceed funding previously approved by Council. Projected Actual (to-date) Construction Contract $ 605,980.00 $ 564,447.30* Construction Contingency (25%)$ 151,495.00 $ 0 Total Construction Budget $ 757,475.00 $ 564,447.30* *Final amount pending settlement of claims with Contractor. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan Priority Area 2,Quality of Life Initiative 2.2 by rehabilitating existing streets and curb ramps and helping maintain existing city infrastructure. CONCLUSION Staff recommends acceptance of the project.Upon acceptance,a Notice of Completion will be filed with the County of San Mateo Recorder’s office.At the end of the thirty-day lien period,the retention funds will be released to the contractor after the City receives a one-year warranty bond. Attachments: 1.Project Location Map 2.Construction Photos 3.Presentation City of South San Francisco Printed on 5/21/2021Page 2 of 2 powered by Legistar™ LINDEN AVEPINE AVEASPEN AVEATTACHMENT 1 LINDEN AVEPINE AVE LINDEN AVENUE PHASE 1 TRAFFIC CALMING IMPROVEMENTS- TDA ACCEPTANCE OF THE CONSTRUCTION IMPROVEMENTS MAY 26, 2021 Linden Avenue Phase 1 Traffic Calming Improvements – TDA PROJECT OVERVIEW Improvements along Linden Ave: Phase 1 •Aspen Avenue & Linden Avenue •Pine Avenue & Linden Avenue Phase 2 •California Avenue & Linden Avenue •Lux Avenue & Linden Avenue •Miller Avenue & Linden Avenue 2 Linden Avenue Phase 1 Traffic Calming Improvements – TDA Aspen Avenue – Curb Extensions, Bio-Filtration/Planter Area, Crosswalks & Sharrows 3 Linden Avenue Phase 1 Traffic Calming Improvements – TDA Pine Avenue – Curb Extensions, Bio-Filtration/Planter Area, Crosswalks & Sharrows 4 Linden Avenue Phase 1 Traffic Calming Improvements – TDA Pine Avenue – New Irrigation System Controller and Back-Flow Preventer with Enclosure 5 Construction included new water service for planter area for Phase 1, Phase 2 and existing landscaped lot •2” Irrigation Water Service Installed by CalWater •New Irrigation Back-Flow Preventer •New Irrigation Controller Linden Avenue Phase 1 Traffic Calming Improvements – TDA CONSTRUCTION COST The total construction cost incurred to date for the project is summarized as follows: Projected Actual (to-date) Burch Construction Company, Construction Contract $605,980.00 $564,447.30 Construction Contingency (25%) $151,495.00 $TBD Total Construction Costs $757,475.00 $TBD 6 Linden Avenue Phase 1 Traffic Calming Improvements – TDA QUESTIONS? 7 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-274 Agenda Date:5/26/2021 Version:1 Item #:6. Report regarding a resolution approving an environmental testing services agreement for laboratory testing services with Alpha Analytical Laboratories,Inc.in an amount not to exceed $175,000 annually for Fiscal Years 2021-2022,2022-2023,2023-2024,2024-2025,and 2025-2026,and authorizing the City Manager to execute the agreement.(Andrew Wemmer, Environmental Compliance Supervisor) RECOMMENDATION Staff recommends that the City Council adopt a Resolution approving an environmental testing services agreement with Alpha Analytical Laboratories,Inc.for environmental laboratory testing services.The National Pollution Discharge Elimination System (NPDES)and Industrial Pretreatment regulatory requirements require ongoing wastewater constituents laboratory testing.The resolution authorizes the City Manager to execute the agreement for Fiscal Years 2021-2022,2022-2023,2023-2024,2024-2025,and 2025-2026. BACKGROUND/DISCUSSION The City’s NPDES Permit regulates the discharge of treated effluent from the South San Francisco -San Bruno Water Quality Control Plant (WQCP).The NPDES permit also requires regular independent laboratory testing of industrial facility discharge and WQCP wastewater.Publicly Owned Treatment Works (POTW’s)routinely contract with specialized laboratories because of the large number of resources and specialized equipment needed for testing.Data segregation from a neutral third-party laboratory also demonstrates transparency with the regulatory agencies, such as the California Environmental Protection Agency (CalEPA). The WQCP’s Environmental Compliance Program regulates 26 industrial facilities through EPA-required Wastewater Discharge Permits.Depending on the discharge permit,regulators require wastewater analysis and reporting at a frequency ranging from monthly to semi-annually.Staff also performs background analysis of residential areas through this program to support the evaluation of the WQCP’s local limits for pollutants of concern.The WQCP Division bills back all independent laboratory analytical costs to the industrial facilities as surcharges with their annual sewer service charges. City staff directly issued a Request for Proposal (RFP)for environmental laboratory services to nine (9) qualified environmental laboratories in 2021.Two (2)companies,Alpha Analytical Laboratories,Inc.and Delta Environmental Laboratories,responded to the RFP.The Environmental Compliance Program Supervisor, Acting Laboratory Supervisor,and Plant Assistant Superintendent evaluated the proposals.Based on the RFP evealuation,WQCP staff recommends entering into an environmental testing services agreement with Alpha Analytical Laboratories, Inc. given their qualifications, expertise, and experience (see Attachment C). Alpha Analytical’s proposal scored the highest.Staff ranked Alpha Analytical Laboratories,Inc.based on the combination of their professional knowledge of the City’s NPDES and Pretreatment programs,the City’s numerous permitted industrial facilities,and excellent customer service.As the City’s independent laboratory City of South San Francisco Printed on 5/21/2021Page 1 of 2 powered by Legistar™ File #:21-274 Agenda Date:5/26/2021 Version:1 Item #:6. numerous permitted industrial facilities,and excellent customer service.As the City’s independent laboratory service provider for the previous eleven (11)years,Alpha Analytical’s proposal was all-inclusive and offered a turnkey service for the City to continue maintaining compliance with our mandated pretreatment program and NPDES permit. Because of the positive and longstanding relationship between the City and Alpha Analytical,staff maintained pricing under the previous Alpha Analytical contract (July 1,2017 -June 30,2021).Continuing in this contract with Alpha Analytical will secure discounted 2017 rates.Alpha Analytical’s service has remained exceptional throughout the current contract period.Alpha continues to provide valuable support to the City’s NPDES permit requirements. The proposed agreement is attached to the accompanying resolution as Exhibit A. RELATIONSHIP TO STRATEGIC PLAN The mission of the WQCP division is to protect public health and the environment.Regular testing of wastewater effluents ensures the quality of life and public safety. FISCAL IMPACT City Council approved the WQCP Division’s operating budget that includes environmental laboratory testing services for the FY 2020-21.As summarized in Attachment A,the typical annual cost for sampling services is $134,111.Staff recommends a total not to exceed the amount of $175,000 that includes a contingency for unforeseen permittee compliance where the WQCP may require additional laboratory analyses,such as occasional environmental impact analysis. CONCLUSION The South San Francisco-San Bruno Water Quality Control Plant’s NPDES Permit requires regular wastewater analyses.Per the proposal evaluation,Alpha Analytical Laboratories,Inc.is the most qualified responsible contractor for external laboratory testing services.Staff recommends that the City Council adopt a resolution contracting with Alpha Analytical Laboratories,Inc.for environmental laboratory testing services mandated by the National Pollution Discharge Elimination System (NPDES)and Industrial Pretreatment regulatory requirements for FY 2021-2022,2022-2023,2023-2024,2024-2025,and 2025-2026.Approval of the resolution authorizes the City Manager to execute the agreements. Attachments: Attachment A Alpha Analytical Laboratories Estimated Costs 2021 Attachment B Scope of Work Alpha Analytical 2021 Attachment C Laboratory Testing Proposal Evaluation 2021 City of South San Francisco Printed on 5/21/2021Page 2 of 2 powered by Legistar™ Attachment A - Alpha Analytical Laboratories Estimated Costs 2021 Analyte Method Matrix (Sludge = S, Waste Water = WW and Water = W) Annual QTY (Estimated) Special Projects (Estimated)Cost (unit)Cost (extended) pH in Field (certified ELAP Lab)SM4500-H+B WW 216 36 $5.00 $1,260.00 Chemical Oxygen Demand SM5220D WW 216 12 $30.00 $6,840.00 Total Suspended Solids SM2540D WW 216 12 $20.00 $4,560.00 Total Solids SM2540B WW 0 36 $20.00 $720.00 Ammonia as NH3 SM4500NH3C WW 27 36 $38.00 $2,394.00 Biochemical Oygen Demand SM5210B WW 24 0 $50.00 $1,200.00 Total Oil and Grease EPA 1664 WW 34 36 $85.00 $5,950.00 Total Cyanide SM20-4500-CNE C&E WW 42 36 $75.00 $5,850.00 Total Metals - (9) Cd, Cr, Cu, Ni, Pb, Zn, Se, Ag, As EPA 200.7 WW 24 0 $153.00 $3,672.00 Total Metals - (6) Cd, Cr, Cu, Ni, Pb, Zn EPA 200.7 WW 108 0 $102.00 $11,016.00 Total Copper EPA 200.7 WW 6 10 $17.00 $272.00 Mercury EPA 245.1 WW 116 0 $70.00 $8,120.00 Hexavalent Chromium SM3500-Cr B WW 0 5 $60.00 $300.00 Total Recoverable Phenolics EPA 420.1 WW 24 30 $85.00 $4,590.00 Total Sulfide SM4500SD WW 49 30 $50.00 $3,950.00 Sulfate EPA 300.0 WW 24 0 $20.00 $480.00 Volatile Organic Compouds EPA 624 WW 45 30 $150.00 $11,250.00 Semi-Volatile Organic Compounds EPA 625 WW 22 30 $200.00 $10,400.00 Organochlorine Pesticides EPA 608 WW 20 30 $85.00 $4,250.00 Poly Chlorinated Bi-phenyls EPA 608 WW 20 30 $85.00 $4,250.00 PSNS/PSES List Pharma Pollutants EPA 524.2/1666 WW 4 0 $500.00 $2,000.00 Volatile Organic Compouds EPA 624 WW 2 0 $150.00 $300.00 Semi-Volatile Organic Compounds EPA 625 WW 2 0 $200.00 $400.00 Organochlorine Pesticides EPA 608 WW 2 0 $85.00 $170.00 Poly Chlorinated Bi-phenyls EPA 608 WW 2 0 $85.00 $170.00 Poly Chlorinated Bi-phenyls EPA 1668C WW 8 0 $800.00 $6,400.00 Total Kjeldahl Nitrogen SM4500-Norg B WW 4 0 $45.00 $180.00 Nitrate + Nitrite as N SM4500-NO3 E WW 28 0 $40.00 $1,120.00 Total Ammonia as N SM4500NH3C WW 24 0 $38.00 $912.00 Total Phosphorus SM4500-P E WW 28 0 $30.00 $840.00 Total Sulfide SM4500SD WW 24 0 $48.00 $1,152.00 Total Recoverable Phenolics EPA 420.1 WW 24 0 $85.00 $2,040.00 Mercury EPA 245.1 Low Level WW 12 0 $70.00 $840.00 Mercury EPA 1631 WW 12 0 $130.00 $1,560.00 Total Metals - (12) As, Sb, Be, Cd, Cr, Cu, Pb, Ni, Ag, Se, Tl, Zn EPA 200.8 WW 4 2 $204.00 $1,224.00 Total Metals - (4) Cr, Cu, Ni, Se EPA 200.8 WW 24 12 $68.00 $2,448.00 Total Cyanide 10-204-00-1X WW 36 0 $75.00 $2,700.00 Total Oil and Grease EPA 1664 WW 24 0 $85.00 $2,040.00 Poly Cyclic Aromatic Hydrocarbons EPA 625 - SIM WW 24 0 $200.00 $4,800.00 Total Sodium EPA 200.7 WW 24 0 $17.00 $408.00 Total Dissolved Solids SM2540C WW 24 0 $25.00 $600.00 Total Organic Carbon SM5310C WW 12 0 $55.00 $660.00 Water Suitability SM9020B - 2005 W 1 0 $295.00 $295.00 Total Metals - (6) Cd, Cr, Cu, Ni, Pb, Zn EPA 200.8 W 1 0 $102.00 $102.00 Total Recoverable Phenolics EPA 420.1 S 1 0 $85.00 $85.00 Total Cyanide EPA 9014 S 1 0 $75.00 $75.00 TPH-Gasoline EPA 8015B S 1 0 $85.00 $85.00 Hexavalent Chromium EPA 7196A S 1 0 $110.00 $110.00 Tributyltin GC - FPD S 1 0 $325.00 $325.00 TTLC and STLC Metals - As, Sb, Be, Cd, Cr, Co, Cu, Fe, Pb, Mn, Hg, Mo, Ni, Ag, Se, Tl, and Zn (add Ba, Co & V - Feburary 2015)EPA 6010B/7471A S 1 0 $376.00 $376.00 Dioxins/Furans EPA 8290 S 1 0 $1,250.00 $1,250.00 Poly Chlorinated Bi-phenyls EPA 8082 S 1 0 $125.00 $125.00 Organochlorine Pesticides EPA 8082 S 1 0 $125.00 $125.00 Semi-Volatile Organic Compounds EPA 8270 S 1 0 $300.00 $300.00 Attachment A - Alpha Analytical Laboratories Estimated Costs 2021 Volatile Organic Compounds EPA 8260B S 1 0 $225.00 $225.00 TPH-Diesel Motor Oil EPA 8015DRO S 1 0 $75.00 $75.00 % Solids and report both wet weight and dry weight EPA 160.3 S 1 0 $20.00 $20.00 Composite Fee 4:1 N/A WW/S 75 50 $50.00 $6,250.00 Sample Disposal Fee N/A WW/W/S 866 134 $0.00 $0.00 EDD - Linko Report N/A WW/W/S 169 67 $0.00 $0.00 Courier Fee N/A $0.00 $0.00 One grab sample. Includes use of autosampler.N/A WW 0 36 $0.00 Four grab samples. Includes use of autosampler. 4 site visits in 24 hours.N/A WW 0 12 $0.00 24hr composite sample. Includes use of autosampler. 2 site visits in 24 hours.N/A WW 0 9 $0.00 24hr composite sample and one grab sample. Includes use of autosampler. 2 site visits in 24 hours.N/A WW 92 33 $0.00 24hr composite and three grab samples. Includes use of autosampler. 4 site visits in 24 hours.N/A WW 13 0 $0.00 24hr composite sample and four grab samples. Includes use of autosampler. 5 site visits in 24 hours.N/A WW 28 10 $0.00 Hg grab sampling w/ ISCO (2 Techs up to 1.5 hrs). Monthly metals sampling.N/A WW 12 0 $0.00 Hg grab sampling supplies. Monthly metals sampling.N/A WW 12 0 $0.00 Wastewater sampling technician hours. Prepare COC, labels and bottles for Nutrient Sampling. Day 1 - Collect E001 samples for Ortho Phosphate and filter in field within 15 minutes of sample collection. Day 2 - Collect samples from E001 24 hour composite sample provided by City of SSF- WQCP and filter for dissolved / soluble analysis.N/A WW 24 0 $0.00 Disposable supplies. 0.45 micron disposable filter.N/A WW 24 0 $0.00 New factory sealed peristaltic pump tubing and new sample suction line. Includes use of GEOTECH Masterflex II Peristaltic Pump N/A WW 24 0 $0.00 Misc. Supplies. New factory sealed peristaltic pump tubing, new sample suction line and (if needed for composite sample) new factory sealed ProPak sample bottle liner.N/A WW 133 100 $0.00 ANALYTICAL TOTAL ESTIMATE $134,111.00 SAMPLING TOTAL ESTIMATE $0.00 TOTAL ESTIMATE $134,111.00 Attachment B - Scope of Work Alpha Analytical Laboratories Analytical Testing Services 2021-2022, 2022-2023, 2023-2024, 2024-2025 and 2025-2026 Alpha Analytical Laboratories, Inc. Scope of Work to provide laboratory analysis of samples as required by NPDES (National Pollutant Discharge Elimination System) Permit No. R2-2019-0021. The City of South San Francisco is required to comply with the wastewater discharge provisions listed in NPDES Permit No. R2-2019-0021, which requires regular analysis of plant influent and effluent; biosolids; significant industrial user discharge; stormwater; nutrients; PCBs by method 1668; and additional analysis of various discharges as needed. Analytical services will be in support of the City’s Environmental Compliance and Water Quality Control Laboratory Programs. Alpha Analytical Laboratories, Inc. will be responsible for the analysis of monthly, quarterly and semi-annual samples of plant influent and plant effluent; analysis of semi-annual biosolids samples; analysis of bi-monthly, quarterly or semi-annual significant industrial user samples; analysis of semi-annual stormwater samples and analysis of additional samples of various discharges as needed. Alpha is expected to meet the standard turnaround time of 10 working days. Occasionally a rush analysis with a turnaround time of between 1-5 working days will be needed. Alpha must be able to meet the turnaround time for the occasional rush analysis. Alpha Analytical Laboratories, Inc. shall furnish all materials, labor and expense needed to analyze and issue reports for various wastewater, biosolids, industrial, and miscellaneous samples. Analytical Methods and Detection Limits Alpha must be able to meet the following minimum levels of quantification as stated in Attachment G of NPDES Permit No. R2-2019-0021. Dioxin or Furan Congener Minimum Level (pg/L) 1998 Toxicity Equivalency Factor Bioaccumulation Equivalency Factor 2,3,7,8-TCDD 10 1.0 1.0 1,2,3,7,8-PeCDD 50 1.0 0.9 1,2,3,4,7,8-HxCDD 50 0.1 0.3 1,2,3,6,7,8-HxCDD 50 0.1 0.1 1,2,3,7,8,9-HxCDD 50 0.1 0.1 1,2,3,4,6,7,8-HpCDD 50 0.01 0.05 OCDD 100 0.0003 0.01 2,3,7,8-TCDF 10 0.1 0.8 1,2,3,7,8-PeCDF 50 0.03 0.2 2,3,4,7,8-PeCDF 50 0.3 1.6 1,2,3,4,7,8-HxCDF 50 0.1 0.08 1,2,3,6,7,8-HxCDF 50 0.1 0.2 1,2,3,7,8,9-HxCDF 50 0.1 0.6 2,3,4,6,7,8-HxCDF 50 0.1 0.7 1,2,3,4,6,7,8-HpCDF 50 0.01 0.01 1,2,3,4,7,8,9-HpCDF 50 0.01 0.4 OCDF 100 0.0003 0.02 List of Monitoring Parameters and Analytical Methods CTR No. Pollutant/Parameter Method Minimum Levels2 (µg/l) GC GCMS LC Color FAA GFAA ICP ICP MS SPGFAA HYD RIDE CVAA DCP 1. Antimony 204.2 10 5 50 0.5 5 0.5 1000 2. Arsenic 206.3 20 2 10 2 2 1 1000 3. Beryllium 20 0.5 2 0.5 1 1000 4. Cadmium 200 or 213 10 0.5 10 0.25 0.5 1000 5a. Chromium (III) SM 3500 5b. Chromium (VI) SM 3500 10 5 1000 Chromium (total)4 SM 3500 50 2 10 0.5 1 1000 6. Copper 200.9 25 5 10 0.5 2 1000 7. Lead 200.9 20 5 5 0.5 2 10,000 8. Mercury 1631 (note)5 9. Nickel 249.2 50 5 20 1 5 1000 10. Selenium 200.8 or SM 3114B or C 5 10 2 5 1 1000 11. Silver 272.2 10 1 10 0.25 2 1000 12. Thallium 279.2 10 2 10 1 5 1000 13. Zinc 200 or 289 20 20 1 10 14. Cyanide SM 4500 CN- C or I 5 15. Asbestos (only required for dischargers to MUN waters)5 0100.2 6 16. 2,3,7,8-TCDD and 17 congeners (Dioxin) 1613 17. Acrolein 603 2.0 5 18. Acrylonitrile 603 2.0 2 19. Benzene 602 0.5 2 33. Ethylbenzene 602 0.5 2 39. Toluene 602 0.5 2 20. Bromoform 601 0.5 2 21. Carbon Tetrachloride 601 0.5 2 22. Chlorobenzene 601 0.5 2 23. Chlorodibromomethane 601 0.5 2 24. Chloroethane 601 0.5 2 25. 2-Chloroethylvinyl Ether 601 1 1 26. Chloroform 601 0.5 2 75. 1,2-Dichlorobenzene 601 0.5 2 76. 1,3-Dichlorobenzene 601 0.5 2 77. 1,4-Dichlorobenzene 601 0.5 2 27. Dichlorobromomethane 601 0.5 2 28. 1,1-Dichloroethane 601 0.5 1 29. 1,2-Dichloroethane 601 0.5 2 30. 1,1-Dichloroethylene or 1,1-Dichloroethene 601 0.5 2 31. 1,2-Dichloropropane 601 0.5 1 32. 1,3-Dichloropropylene or 1,3-Dichloropropene 601 0.5 2 34. Methyl Bromide or Bromomethane 601 1.0 2 CTR No. Pollutant/Parameter Method Minimum Levels2 (µg/l) GC GCMS LC Color FAA GFAA ICP ICP MS SPGFAA HYD RIDE CVAA DCP 35. Methyl Chloride or Chloromethane 601 0.5 2 36. Methylene Chloride or Dichlorormethane 601 0.5 2 37. 1,1,2,2-Tetrachloroethane 601 0.5 1 38. Tetrachloroethylene 601 0.5 2 40. 1,2-Trans-Dichloroethylene 601 0.5 1 41. 1,1,1-Trichloroethane 601 0.5 2 42. 1,1,2-Trichloroethane 601 0.5 2 43. Trichloroethene 601 0.5 2 44. Vinyl Chloride 601 0.5 2 45. 2-Chlorophenol 604 2 5 46. 2,4-Dichlorophenol 604 1 5 47. 2,4-Dimethylphenol 604 1 2 48. 2-Methyl-4,6-Dinitrophenol or Dinitro-2-methylphenol 604 10 5 49. 2,4-Dinitrophenol 604 5 5 50. 2-Nitrophenol 604 10 51. 4-Nitrophenol 604 5 10 52. 3-Methyl-4-Chlorophenol 604 5 1 53. Pentachlorophenol 604 1 5 54. Phenol 604 1 1 50 55. 2,4,6-Trichlorophenol 604 10 10 56. Acenaphthene 610 HPLC 1 1 0.5 57. Acenaphthylene 610 HPLC 10 0.2 58. Anthracene 610 HPLC 10 2 60. Benzo(a)Anthracene or 1,2 Benzanthracene 610 HPLC 10 5 61. Benzo(a)Pyrene 610 HPLC 10 2 62. Benzo(b)Fluoranthene or 3,4 Benzofluoranthene 610 HPLC 10 10 63. Benzo(ghi)Perylene 610 HPLC 5 0.1 64. Benzo(k)Fluoranthene 610 HPLC 10 2 74. Dibenzo(a,h)Anthracene 610 HPLC 10 0.1 86. Fluoranthene 610 HPLC 10 1 0.05 87. Fluorene 610 HPLC 10 0.1 92. Indeno(1,2,3-cd) Pyrene 610 HPLC 10 0.05 100. Pyrene 610 HPLC 10 0.05 68. Bis(2-Ethylhexyl)Phthalate 606 or 625 10 5 70. Butylbenzyl Phthalate 606 or 625 10 10 79. Diethyl Phthalate 606 or 625 10 2 80. Dimethyl Phthalate 606 or 625 10 2 81. Di-n-Butyl Phthalate 606 or 625 10 84. Di-n-Octyl Phthalate 606 or 625 10 59. Benzidine 625 5 65. Bis(2-Chloroethoxy)Methane 625 5 66. Bis(2-Chloroethyl)Ether 625 10 1 67. Bis(2-Chloroisopropyl)Ether 625 10 2 69. 4-Bromophenyl Phenyl Ether 625 10 5 CTR No. Pollutant/Parameter Method Minimum Levels2 (µg/l) GC GCMS LC Color FAA GFAA ICP ICP MS SPGFAA HYD RIDE CVAA DCP 71. 2-Chloronaphthalene 625 10 72. 4-Chlorophenyl Phenyl Ether 625 5 73. Chrysene 625 10 5 78. 3,3’-Dichlorobenzidine 625 5 82. 2,4-Dinitrotoluene 625 10 5 83. 2,6-Dinitrotoluene 625 5 85. 1,2-Diphenylhydrazine (note)7 625 1 88. Hexachlorobenzene 625 5 1 89. Hexachlorobutadiene 625 5 1 90. Hexachlorocyclopentadiene 625 5 5 91. Hexachloroethane 625 5 1 93. Isophorone 625 10 1 94. Naphthalene 625 10 1 0.2 95. Nitrobenzene 625 10 1 96. N-Nitrosodimethylamine 625 10 5 97. N-Nitrosodi-n-Propylamine 625 10 5 98. N-Nitrosodiphenylamine 625 10 1 99. Phenanthrene 625 5 0.05 101. 1,2,4-Trichlorobenzene 625 1 5 102. Aldrin 608 0.005 103. α-BHC 608 0.01 104. β-BHC 608 0.005 105. γ-BHC (Lindane) 608 0.02 106. δ-BHC 608 0.005 107. Chlordane 608 0.1 108. 4,4’-DDT 608 0.01 109. 4,4’-DDE 608 0.05 110. 4,4’-DDD 608 0.05 111. Dieldrin 608 0.01 112. Endosulfan (alpha) 608 0.02 113. Endosulfan (beta) 608 0.01 114. Endosulfan Sulfate 608 0.05 115. Endrin 608 0.01 116. Endrin Aldehyde 608 0.01 117. Heptachlor 608 0.01 118. Heptachlor Epoxide 608 0.01 119- 125 PCBs: Aroclors 1016, 1221, 1232, 1242, 1248, 1254, 1260 608 0.5 126. Toxaphene 608 0.5 Alpha Analytical Laboratories Estimated Cost Sheet Analyte Method Matrix (Sludge = S, Waste Water = WW and Water = W) Annual QTY (Estimated) Special Projects (Estimated) Cost (unit) Cost (extended) pH in Field (certified ELAP Lab) SM4500-H+B WW 216 36 $5.00 $1,260.00 Chemical Oxygen Demand SM5220D WW 216 12 $30.00 $6,840.00 Total Suspended Solids SM2540D WW 216 12 $20.00 $4,560.00 Total Solids SM2540B WW 0 36 $20.00 $720.00 Ammonia as NH3 SM4500NH3C WW 27 36 $38.00 $2,394.00 Biochemical Oygen Demand SM5210B WW 24 0 $50.00 $1,200.00 Total Oil and Grease EPA 1664 WW 34 36 $85.00 $5,950.00 Total Cyanide SM20-4500- CNE C&E WW 42 36 $75.00 $5,850.00 Total Metals - (9) Cd, Cr, Cu, Ni, Pb, Zn, Se, Ag, As EPA 200.7 WW 24 0 $153.00 $3,672.00 Total Metals - (6) Cd, Cr, Cu, Ni, Pb, Zn EPA 200.7 WW 108 0 $102.00 $11,016.00 Total Copper EPA 200.7 WW 6 10 $17.00 $272.00 Mercury EPA 245.1 WW 116 0 $70.00 $8,120.00 Hexavalent Chromium SM3500-Cr B WW 0 5 $60.00 $300.00 Total Recoverable Phenolics EPA 420.1 WW 24 30 $85.00 $4,590.00 Total Sulfide SM4500SD WW 49 30 $50.00 $3,950.00 Sulfate EPA 300.0 WW 24 0 $20.00 $480.00 Volatile Organic Compouds EPA 624 WW 45 30 $150.00 $11,250.00 Semi-Volatile Organic Compounds EPA 625 WW 22 30 $200.00 $10,400.00 Organochlorine Pesticides EPA 608 WW 20 30 $85.00 $4,250.00 Poly Chlorinated Bi-phenyls EPA 608 WW 20 30 $85.00 $4,250.00 PSNS/PSES List Pharma Pollutants EPA 524.2/1666 WW 4 0 $500.00 $2,000.00 Volatile Organic Compouds EPA 624 WW 2 0 $150.00 $300.00 Semi-Volatile Organic Compounds EPA 625 WW 2 0 $200.00 $400.00 Organochlorine Pesticides EPA 608 WW 2 0 $85.00 $170.00 Poly Chlorinated Bi-phenyls EPA 608 WW 2 0 $85.00 $170.00 Poly Chlorinated Bi-phenyls EPA 1668C WW 8 0 $800.00 $6,400.00 Total Kjeldahl Nitrogen SM4500-Norg B WW 4 0 $45.00 $180.00 Nitrate + Nitrite as N SM4500-NO3 E WW 28 0 $40.00 $1,120.00 Total Ammonia as N SM4500NH3C WW 24 0 $38.00 $912.00 Total Phosphorus SM4500-P E WW 28 0 $30.00 $840.00 Total Sulfide SM4500SD WW 24 0 $48.00 $1,152.00 Total Recoverable Phenolics EPA 420.1 WW 24 0 $85.00 $2,040.00 Mercury EPA 245.1 Low Level WW 12 0 $70.00 $840.00 Mercury EPA 1631 WW 12 0 $130.00 $1,560.00 Total Metals - (12) As, Sb, Be, Cd, Cr, Cu, Pb, Ni, Ag, Se, Tl, Zn EPA 200.8 WW 4 2 $204.00 $1,224.00 Total Metals - (4) Cr, Cu, Ni, Se EPA 200.8 WW 24 12 $68.00 $2,448.00 Total Cyanide 10-204-00-1X WW 36 0 $75.00 $2,700.00 Total Oil and Grease EPA 1664 WW 24 0 $85.00 $2,040.00 Poly Cyclic Aromatic Hydrocarbons EPA 625 - SIM WW 24 0 $200.00 $4,800.00 Total Sodium EPA 200.7 WW 24 0 $17.00 $408.00 Total Dissolved Solids SM2540C WW 24 0 $25.00 $600.00 Total Organic Carbon SM5310C WW 12 0 $55.00 $660.00 Water Suitability SM9020B - 2005 W 1 0 $295.00 $295.00 Total Metals - (6) Cd, Cr, Cu, Ni, Pb, Zn EPA 200.8 W 1 0 $102.00 $102.00 Total Recoverable Phenolics EPA 420.1 S 1 0 $85.00 $85.00 Total Cyanide EPA 9014 S 1 0 $75.00 $75.00 TPH-Gasoline EPA 8015B S 1 0 $85.00 $85.00 Hexavalent Chromium EPA 7196A S 1 0 $110.00 $110.00 Tributyltin GC - FPD S 1 0 $325.00 $325.00 TTLC and STLC Metals - As, Sb, Be, Cd, Cr, Co, Cu, Fe, Pb, Mn, Hg, Mo, Ni, Ag, Se, Tl, and Zn (add Ba, Co & V - Feburary 2015) EPA 6010B/7471A S 1 0 $376.00 $376.00 Dioxins/Furans EPA 8290 S 1 0 $1,250.00 $1,250.00 Poly Chlorinated Bi-phenyls EPA 8082 S 1 0 $125.00 $125.00 Organochlorine Pesticides EPA 8082 S 1 0 $125.00 $125.00 Semi-Volatile Organic Compounds EPA 8270 S 1 0 $300.00 $300.00 Volatile Organic Compounds EPA 8260B S 1 0 $225.00 $225.00 TPH-Diesel Motor Oil EPA 8015DRO S 1 0 $75.00 $75.00 % Solids and report both wet weight and dry weight EPA 160.3 S 1 0 $20.00 $20.00 Composite Fee 4:1 N/A WW/S 75 50 $50.00 $6,250.00 Sample Disposal Fee N/A WW/W/S 866 134 $0.00 $0.00 EDD - Linko Report N/A WW/W/S 169 67 $0.00 $0.00 Courier Fee N/A $0.00 $0.00 One grab sample. Includes N/A WW 0 36 $0.00 use of autosampler. Four grab samples. Includes use of autosampler. 4 site visits in 24 hours. N/A WW 0 12 $0.00 24hr composite sample. Includes use of autosampler. 2 site visits in 24 hours. N/A WW 0 9 $0.00 24hr composite sample and one grab sample. Includes use of autosampler. 2 site visits in 24 hours. N/A WW 92 33 $0.00 24hr composite and three grab samples. Includes use of autosampler. 4 site visits in 24 hours. N/A WW 13 0 $0.00 24hr composite sample and four grab samples. Includes use of autosampler. 5 site visits in 24 hours. N/A WW 28 10 $0.00 Hg grab sampling w/ ISCO (2 Techs up to 1.5 hrs). Monthly metals sampling. N/A WW 12 0 $0.00 Hg grab sampling supplies. Monthly metals sampling. N/A WW 12 0 $0.00 Wastewater sampling technician hours. Prepare COC, labels and bottles for Nutrient Sampling. Day 1 - Collect E001 samples for Ortho Phosphate and filter in field within 15 minutes of sample collection. Day 2 - Collect samples from E001 24 hour composite sample provided by City of SSF- WQCP and filter for dissolved / soluble analysis. N/A WW 24 0 $0.00 Disposable supplies. 0.45 micron disposable filter. N/A WW 24 0 $0.00 New factory sealed peristaltic pump tubing and new sample suction line. Includes use of GEOTECH Masterflex II Peristaltic Pump N/A WW 24 0 $0.00 Misc. Supplies. New factory sealed peristaltic pump tubing, new sample suction line and (if needed for composite sample) new factory sealed N/A WW 133 100 $0.00 ProPak sample bottle liner. ANALYTICAL TOTAL ESTIMATE $134,111.00 SAMPLING TOTAL ESTIMATE $0.00 TOTAL ESTIMATE $134,111.00 Attachment C - Laboratory Testing Proposal Evaluation 2021 Company Location Sample Transport SSF Exp. (years) Qual/Exp Rating (SUM) Est. City Labor Hours Est. Annual Cost Est. City Labor Cost Total Est Annual Cost Cost Rating (SUM) Efficiency Rating (SUM) Readibility of Proposal (SUM) Total Points Alpha Analytical Laboratories Ukiah, CA Same-day courier 11 85 0 $134,111 $0 $134,111 75 85 27 272 Delta Environmental Benicia, CA Same-day courier 0 79 378 $72,057 $28,350 $100,407 82 78 22 261 Estimated City Labor Cost calculated based on staff hours required to setup approximately 26 distinct monitoring and analytical programs, labor hours setting up specified required electronic data deliverables and reporting requirements, quality control/quality assurance of sampling programs and permit requirements. Labor hours estimated at 12 hours for each permit project (12 x 26 = 312) and a total of 30 hours for WQCP lab projects. Additionally, background/pump station lab projects are performed at 12 sites. Estimated at 36 City labor hours for coordination and project set-up $75 per hour is rate used per Master Fee Schedule. Total of 378 hours x $75 = $28350. As the City's laboratory service provider for the previous 11 years, Alpha Analytical's proposal is all-inclusive. Additional labor costs are $0 as projects will continue uninterrupted and will not require City staff time for setup. Additionally, samples are transported same-day via courier immediately after sampling, ensuring sample holding times and temperatures are within compliance limits when received. Therefore, resampling and expedited shipping costs are estimated at $0. Attachment D - SSF Laboratory Testing Proposal Evaluation 2021 - Ratings Total Company Location Sample Transport SSF Exp. (years) Qual/Exp Rating (SUM) Est. City Labor Hours Est. Annual Cost Est. City Labor Cost Total Est Annual Cost Cost Rating (SUM) Efficiency Rating (SUM) Readibility of Proposal (SUM) Total Points Alpha Analytical Laboratories Ukiah, CA Same-day courier 11 85 0 $134,111 $0 $134,111 75 85 27 272 Delta Environmental Benicia, CA Same-day courier 0 79 378 $72,057 $28,350 $100,407 82 78 22 261 Qualifications/ Experience (30 max) Cost (30 pts Max) Efficiency (30 pts Max) Readibility (10 pts Max) Total (100 pts Max) REVIEWER 1 28 25 29 9 91 Nicholas Talbot 26 27 26 7 86 REVIEWER 2 28 25 28 9 90 Janice Chapman 26 27 26 7.5 86.5 REVIEWER 3 29 25 28 9 91 Andrew Wemmer 27 28 26 7 88 Alpha Analytical Laboratories Delta Environmental Alpha Analytical Laboratories Delta Environmental Alpha Analytical Laboratories Delta Environmental City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-275 Agenda Date:5/26/2021 Version:1 Item #:6a. Resolution approving an environmental testing services agreement for environmental laboratory testing services with Alpha Analytical Laboratories,Inc.in an amount not to exceed $175,000.00 annually for Fiscal Years 2021-2022,2022-2023,2023-2024,2024-2025 and 2025-2026,and authorizing the City Manager to execute the agreement. WHEREAS,the South San Francisco -San Bruno Water Quality Control Plant is regulated under NPDES Permit No.R2-2019-0021,requiring regular laboratory testing of regulated industrial discharge and Water Quality Control Plant process wastewater; and WHEREAS, required testing must be performed by a laboratory certified for all required analyses; and WHEREAS,the City of South San Francisco issued a Request for Proposals for these services on March 22, 2021, and two (2) proposals were received on April 27-28, 2021; and WHEREAS,City of South San Francisco Environmental Compliance and Laboratory staff evaluated qualifications of proposals received; and WHEREAS,the most comprehensive and qualified proposal received for these services was submitted by Alpha Analytical Laboratories, Inc.; and WHEREAS,City staff recommends that the City Council approve an environmental testing services agreement for environmental laboratory testing services with Alpha Analytical Laboratories,Inc.,attached hereto as Exhibit A,in an amount not to exceed $175,000.00 annually for Fiscal Years 2021-2022,2022-2023,2023- 2024, 2024-2025 and 2025-2026. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco as follows: 1.The City Council approves an environmental testing services agreement for environmental laboratory testing services with Alpha Analytical Laboratories,Inc.in an amount not to exceed $175,000.00 annually for Fiscal Years 2021-2022,2022-2023,2023-2024,2024-2025 and 2025-2026,attached hereto and incorporated herein as Exhibit A. 2.The City Manager is authorized to execute the environmental testing services agreement with Alpha Analytical Laboratories,Inc.,in substantially the same form as Exhibit A,subject to approval as to form by the City Attorney.The City Manager is also authorized to take any other action consistent with the intent of this resolution. City of South San Francisco Printed on 6/1/2021Page 1 of 2 powered by Legistar™ File #:21-275 Agenda Date:5/26/2021 Version:1 Item #:6a. ***** City of South San Francisco Printed on 6/1/2021Page 2 of 2 powered by Legistar™ Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 1 of 16 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND ALPHA ANALYTICAL LABORATORIES THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and Alpha Analytical Laboratories (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2021 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2026, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $875,000 ($175,000 annually), 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 Exhibit A Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 2 of 16 Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:  Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.);  The beginning and ending dates of the billing period;  A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;  The amount and purpose of actual expenditures for which reimbursement is sought;  The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 3 of 16 2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. 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 _____________________________. Reimbursable expenses shall not exceed $_____________________. 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 ____. 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 in order to verify costs incurred to that date. Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 4 of 16 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 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 Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 5 of 16 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 Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 6 of 16 activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: 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 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 must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 7 of 16 expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 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, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 8 of 16 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; Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 9 of 16 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 indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 10 of 16 all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 11 of 16 Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 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: Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 12 of 16 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 unless required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted in 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 Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 13 of 16 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 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. Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 14 of 16 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 _________________ ("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 ___________________________ Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 15 of 16 ___________________________ ___________________________ ___________________________ City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 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. The Parties have executed this Agreement as of the Effective Date. Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Alpha Analytical Laboratories Page 16 of 16 CITY OF SOUTH SAN FRANCISCO Consultants ____________________________ _____________________________________ City Manager NAME: TITLE: Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney 2729962.1 EXHIBIT A SCOPE OF SERVICES EXHIBIT B COMPENSATION SCHEDULE EXHIBIT C INSURANCE CERTIFICATES [OPTIONAL] 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 #:21-384 Agenda Date:5/26/2021 Version:1 Item #:7. Report regarding a resolution determining the continued existence of an emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire.(Greg Mediati,Deputy Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council adopt a resolution determining the continued existence of an emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire. On October 16,2020 at 11:54 a.m.,a fire ignited on Sign Hill originating on the western section of the iconic letters.This was the third day of a regional Red Flag Warning with elevated temperatures,reduced humidity, and a steady easterly wind.The wind pushed the fire quickly to the west across the southern face of the hill through the grasses before spreading into the nearby tree groves.The incident commander realized the fire would grow quickly and structures would be threatened.Additional resources were immediately called to the scene to assist. In total,five alarms of fire apparatus from South San Francisco and nearby agencies responded to the emergency.Additionally,an agreement with California Forestry and Fire Department (CalFire)was utilized and provided the City with their associated aircraft,hand crews and wildland firefighting equipment for the incident.The fire burned for nearly three hours before being declared under control.Fire crews remained on site for over two days to ensure all hot spots were extinguished and embers would not reignite.Fortunately,the fire was kept to 16 acres and only caused minor property damage to three homes on Mountain Road,and no one was injured,thanks to the fuel load reduction and fire break work completed in recent years and the fire fighters’ great efforts. Immediately after the fire,the City Manager’s Office,Parks and Recreation Department,Fire Department and Public Works/Engineering Department staff met to discuss next steps to prepare the hill for the winter months. On October 22,2020,City Parks and Recreation staff completed a walkthrough and prepared an assessment of the state of the Sign Hill environment and trails to evaluate the scale of fire damage.Based on staff’s assessment,two phases of work were established -short term work to winterize the hill,remove hazards,and make it safe to reopen,and longer term work to expand on the ongoing fuel load reduction and maintain firebreaks on Sign Hill. Due to the emergent nature of the short term work to prepare Sign Hill for wet weather,and potential debris flows,falling trees,or the potential for future fire due to the buildup of fuel in the form of dead trees and brush, it was determined an emergency declaration was needed to expedite the work. At the November 24,2020 Regular City Council Meeting,the City Council adopted a resolution determining the existence of an emergency as a result of the Diamond Fire,and authorized emergency repairs.These repairs largely include the removal of more than 1,500 trees directly impacted by the Diamond Fire for a contract total not to exceed $900,000.Additionally,the City executed a contract with Acacia Environmental Construction to City of South San Francisco Printed on 5/21/2021Page 1 of 3 powered by Legistar™ File #:21-384 Agenda Date:5/26/2021 Version:1 Item #:7. not to exceed $900,000.Additionally,the City executed a contract with Acacia Environmental Construction to perform immediate slope stabilization and erosion mitigation work on newly exposed and vulnerable sloped areas for a contract total not to exceed $110,559. For historical context,it should be noted that on September 12,2018,the City Council adopted a resolution delegating authority to the City Manager to order any emergency action and enter into necessary contracts pursuant to the provisions and restrictions of Public Contract Code Section 22050. Tree Removals Davey Tree Experts began their work on December 3,2020 focusing on the area near the Ridge Trail known as Seubert Grove.At the time of drafting this report,this portion of the work is largely complete.The next phase of work has begun and is focused on clearing the Iris Trail and Letters Trail of any hazardous trees.In each of these areas,the trees being removed are largely being chipped on site to help with slope stabilization or are safely stockpiled for use in restoration efforts on the hill.Some tree trunks of twelve inches or greater in diameter may be left on the ground perpendicular to the slope of the hill.The smaller brush is being removed so as not to serve as potential fuel for the next fire season.This work is in accordance with CalFire forestry guidance. The Seubert,Eucalyptus,and Ridge Trails have been cleared of hazardous trees within falling proximity to the trails and were opened to the public starting on February 23,2021.At this time the Iris Trail and Letters Trail remain closed as hazardous trees are still present near parts of these trails.Parks staff anticipates these trails to open in the next few weeks.When these areas are made safe,the Parks Division will re-open these two trails and tree work will shift focus to trees adjacent to residences on the hill in a preventative effort to abate the impacted and hazardous trees for the dry season in 2021.The status of the trails on Sign Hill will be regularly updated on the City’s webpage under the Sign Hill link for residents to access closure information. Tree work is expected to continue through much of 2021.The month of March marked the beginning of bird nesting season,and Parks staff have gone out to bid and have finalized a contract with Wood PLC,a biologist consultant to survey for nesting birds.Performing bird nest surveys will allow for work to continue through the nesting season.Wood PLC has conducted preliminary surveys on the week of April 19,2021 and are performing subsequent surveys every fourteen days through August 2021,the end of nesting season.Some nesting raptor species were found and these nests will be left undisturbed till after the nesting season.Wood PLC is working directly with Davey Tree,while coordinating with City staff to guide work appropriately. Surveying for bird nests during the tree work is required by the Migratory Bird Act which provides protections to bird habitat.Staff has found it necessary to continue work through the nesting season in order to open all trails to the public within a reasonable timeframe,and to reduce the fuel load that still exists on the hill as much as possible prior to the next fire season. Erosion Control Acacia Environmental Construction was contracted to perform the erosion control efforts on December 11, 2020.Staff met with Acacia’s project team on December 14 to discuss the project’s priorities and phases of work.Erosion control work began on December 28,2020,and consists of installation of check dams in drainage areas and culverts,fiber waddle installation on steep slopes,and hydro-seeding barren areas of the hill with a native seed blend,which in addition to the slope stabilization efforts will help re-establish the hill’s native grassland ecosystem.Additionally,tree stumps and root mass from felled trees are left in place to help City of South San Francisco Printed on 5/21/2021Page 2 of 3 powered by Legistar™ File #:21-384 Agenda Date:5/26/2021 Version:1 Item #:7. with slope stabilization. Mulch from removed trees was also spread to lessen rain impacts. Acacia Environmental Construction completed the erosion control work in early February 2021.The hydro- seeding that was installed is already sprouting and beginning to take root as intended,providing crucial stabilization of hillsides and future native habitat for native species. Emergency Continuation Continuation of this emergency is necessary to continue the aforementioned work in response to the Diamond Fire and safely re-open the park as soon as possible.Terminating the work now would leave hundreds of hazardous trees in immediate proximity to paths of travel. As required by Public Contract Code section 22050(c)(1),this emergency tree removal and erosion control project will continue to be placed back on future regular City Council meeting agendas for the Council to review this emergency action and determine whether there is a need to continue the action,until such emergency repairs have been completed and the project terminated.Section 22050 requires the City Council determine the continuance of the emergency by a four-fifths vote.Adoption of the associated resolution authorizes the continuance of the emergency repair work to address the response to the Diamond Fire and related repairs. FISCAL IMPACT Work for the immediate tree work and erosion control measures is estimated to be $1,010,559,though subsequent work is needed to rehabilitate trails and park amenities,and for habitat restoration.Cost estimates for that work are to be determined once tree work is complete.Bird nest surveying for the year of 2021 is a total of $18,988. Currently, funding exists outside of the general fund for this project. RELATIONSHIP TO STRATEGIC PLAN This project will contribute to the City’s Strategic Plan under Priority #2 by helping to create sustainable parks and open space areas, and under Priority #4 by enhancing public safety in and around Sign Hill. CONCLUSION Approving the resolution and adopting the findings will authorize the continuation of emergency repair work to address the hazardous conditions as a result of the Diamond Fire on Sign Hill.Staff recommends that the City Council determines that the emergency continues to exist and the emergency action,undertaken pursuant to the City Manager’s delegated authority, remains necessary. City of South San Francisco Printed on 5/21/2021Page 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 #:21-385 Agenda Date:5/26/2021 Version:1 Item #:7a. Resolution determining the continued existence of an emergency and authorizing procurement for emergency remediation work relating to fire damage on Sign Hill in South San Francisco. WHEREAS,on September 12,2018,the City Council adopted a resolution delegating authority to the City Manager to order any emergency action and enter into necessary contracts pursuant to the provisions and restrictions of California Public Contract Code Section 22050; and WHEREAS,on October 16,2020,a multi-alarm grass fire broke out on the western section of the iconic letters at Sign Hill in South San Francisco,where multiple recreational trails are located and frequently used by the public; and WHEREAS,the wind pushed the fire quickly to the west across the southern face of the hill through the grasses and spread into the nearby tree groves, killing hundreds of trees which now pose a public safety hazard; and WHEREAS, the fire burned over 16 acres of land and damaged a significant number of trees and trails; and WHEREAS,although the fire has been contained,the damaged trees have since become a falling hazard and trails remain severely damaged or destroyed,creating an extremely dangerous condition for the public and rendering the Sign Hill trails unsafe for trail users, and also required them to be closed to the public; and WHEREAS,at the November 24,2020 Regular City Council Meeting,the City Council adopted a resolution determining the existence of an emergency as a result of the Diamond Fire,and authorized emergency repairs including removal of more than 1,500 trees directly impacted by the wildfire; and WHEREAS,in order to remediate such dangerous conditions,City staff retained consultants and contractors to assess the scope of the damage,recommend corrective action,and undertake or contract for a substantial amount of tree removal and trail repair/remediation work in order to restore the trails and other features of Sign Hill to a safe condition as quickly as possible, and to subsequently re-open them to the public; and WHEREAS,pursuant to the aforementioned delegated authority,the City solicited for and executed a contract with Davey Tree Expert Company,for the emergency removal of more than 1,500 damaged or hazardous trees for a contract total not to exceed $900,000; and WHEREAS,in December 2020,the City solicited for and executed a contract with Acacia Environmental Construction,for the emergency mitigation of potential erosion hazards within fire damaged areas on Sign Hill; and City of South San Francisco Printed on 6/12/2021Page 1 of 3 powered by Legistar™ File #:21-385 Agenda Date:5/26/2021 Version:1 Item #:7a. WHEREAS,the dead trees remain in a precarious and dangerous condition for the public and additional emergency mitigation work is still needed to eliminate the dangerous conditions. FINDINGS WHEREAS, the City Council of the City of South San Francisco hereby finds as follows: A.The above recitals are true and correct and incorporated herein by this reference. B.Pursuant to California Public Contract Code Section 20168,public interest and necessity demand the immediate commencement of the above-described work at Sign Hill in South San Francisco and the expenditure of public money for such work to safeguard life, health and property. C.Pursuant to California Public Contract Code Section 22050 and the authority delegated by the City Council on September 12,2018,and based on substantial evidence presented by the circumstances of the Sign Hill fire and City staff’s assessments,including but not limited to those from the City’s Fire,Police,and Parks &Recreation Departments,the staff report prepared concerning this resolution,and as set forth in this resolution,the City Manager would continue to be authorized to order emergency tree removal,trail repair and related work for the hazardous and threatening conditions at Sign Hill in South San Francisco. D.Terminating the above-described emergency work and let the remaining work at Sign Hill to competitive bidding would jeopardize public health,safety and welfare;risk additional damage to public and private property;and result in the public incurring additional expense,including,but not limited to,additional expense due to delay and further damage,due to the dangerous conditions of the falling trees and damage to trails and other features of the Sign Hill area and such work is necessary to respond to the emergency conditions at Sign Hill.Therefore,it remains that competitive bidding of such work would not produce an advantage for the public. E.Based on evidence presented in the record,the above-described emergency work continues to be statutorily exempt from the requirements of the California Environmental Quality Act (CEQA)pursuant to CEQA Guidelines Section 15269, subparagraphs (b) and (c). NOW,THEREFORE,the City Council of the City of South San Francisco hereby does resolve,by at least a four-fifths vote, as follows: 1.The above recitals and findings are true and correct and hereby declared to be findings of the City Council of the City of South San Francisco. 2.The emergency conditions at Sign Hill in South San Francisco continue to exist and threaten public health,welfare and safety;thus,emergency repair work continues to be necessary to address the hazardous and threatening conditions of the falling trees and destructed trail improvements.The emergency work described in this resolution continues to be exempt from California Public Contract Code competitive bidding requirements pursuant to California Public Contract Code Sections 20168 and 22050. 3.The City Council continues to authorize City staff to procure contracts for the emergency work City of South San Francisco Printed on 6/12/2021Page 2 of 3 powered by Legistar™ File #:21-385 Agenda Date:5/26/2021 Version:1 Item #:7a. 3.The City Council continues to authorize City staff to procure contracts for the emergency work described in this resolution and the City Manager to execute such contracts on behalf of the City,as approved to form by the City Attorney, and to take any other related action necessary to further the intent of this Resolution. 4.City staff is directed,in accordance with California Public Contract Code Section 22050(c)(1),to place on future regular agendas of the City Council an item concerning the emergency work authorized pursuant to this resolution so that the City Council may determine,by at least a four-fifths vote,whether there is a need to continue the emergency work described above or whether such work may be terminated. 5.This resolution shall become effective immediately. 6.Each portion of this resolution is severable.Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction,then the remaining resolution portions shall be and continue in full force and effect,except as to those resolution portions that have been adjudged invalid.The City Council hereby declares that it would have adopted this resolution and each section,subsection,clause, sentence,phrase and other portion thereof,irrespective of the fact that one or more section,subsection,clause sentence, phrase or other portion may be held invalid or unconstitutional. ***** City of South San Francisco Printed on 6/12/2021Page 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 #:21-279 Agenda Date:5/26/2021 Version:1 Item #:8. Report regarding a resolution to accept the construction improvements of the Grand Boulevard Initiative Project: Phase I (st1403) and Phase II (st1502). (Matthew Ruble, Principal Engineer). RECOMMENDATION It is recommended that the City Council adopt a resolution to accept the construction improvements of the Grand Boulevard Initiative Project: Phase I (st1403) and Phase II (st1502). BACKGROUND/DISCUSSION Project History On June 13,2018,the City Council of South San Francisco awarded a construction contract to LC General Engineering &Construction,Inc.of San Francisco,CA for the Grand Boulevard Initiative Project:Phase I and II in an amount not to exceed $5,748,633.The work consisted of improvements that included enhanced pedestrian crossings with corner curb bulb-outs and median refuges,expanded bus stop/waiting areas,and a new landscaped median. On November 12,2020,the City issued a Notice of Substantial Completion and City Letter RE-118 providing LCG a list of punch list items that were either defective or incomplete,and that needed to be corrected prior to Project acceptance.However,LCG disputed most of the punch list,arguing the work was either built per project plans or was not required under the contract.After reaching an impasse on the punch list,the City instructed LCG to complete all outstanding punch list items by March 19,2021,and informed LCG that the City would reduce or withhold payment for the outstanding punch-list items.LCG failed to follow the City’s instructions. Current Status The construction management team conducted a final inspection on March 25,2021,and found the project to be incomplete in accordance with the contract documents.Parks and Recreation staff conducted a second inspection of landscaping items on May 18,2021.Project location map and construction photos are included as Attachments 1 and 2,respectively,of this staff report.A list of the punch-list items that were found to be outstanding during the final inspection and subsequent landscaping inspection is included as Attachment 3. This outstanding work includes, primarily: -15 ADA ramps that were not constructed per project plans -62 concrete cracks in newly poured concrete that diminish the work’s expected lifespan -Various landscaping items such as installation of mulch,re-application of hyrdoseed,and likely replacement of plants -Replacing or repairing sign posts and signs in various locations. At this time,staff seeks to close out the project and file a notice of completion with the County.Staff thus recommends the City Council adopt a resolution accepting the Project.While typically acceptance occurs only City of South San Francisco Printed on 5/21/2021Page 1 of 2 powered by Legistar™ File #:21-279 Agenda Date:5/26/2021 Version:1 Item #:8. recommends the City Council adopt a resolution accepting the Project.While typically acceptance occurs only after the City finds a project has been completed per plans and specifications,here staff recommends the City accept the Project as-is with the express finding that the punch list items included in Attachment 3 are not per plans and specifications.The contract with LCG allows the City both to reduce payment on work that is defective and to withhold funds for defective work that must be corrected.(See General Conditions,Section V, Items 9, 10; Section VI, Items 2 and 4; Section IX, Item 6.) Accepting the project will allow the City to proceed in calculating the final payment on the project without further delay and,ultimately,to have another contractor perform the remaining work that needs to be completed. FISCAL IMPACT The project is included in the City of South San Francisco’s Fiscal Year 2020-21 Capital Improvement Program (Project No.st1403 and st1502)with sufficient funds allocated to cover the project cost.This project is funded by OBAG2 grant funds, Measure A, Gas Tax, City Measure W, and San Mateo County Measure W. Phase I of the project was funded by a combination of One Bay Area Grant (OBAG)grant and Measure A funds from the City.The project was included in the South San Francisco’s fiscal year 2018-19 Capital Improvement Program (Project No. st1403). Phase II of the project is funded by a combination of City/County Association of Governments (C/CAG)State Transportation Improvement Program and Transportation Enhancement (TCSP)and Measure A funds from the City.The project is included in the South San Francisco’s fiscal year 2018-19 Capital Improvement Program (Project No. st1502). The current construction cost incurred for the project is summarized as follows: Projected Actual Construction Contract $5,748,633 $5,553,136 Construction Contingency (20%)$1,149,727 $649,005 Total Construction Budget $6,898,360 $6,202,141 RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan Priority Area 2,Quality of Life Initiative 2.2 by rehabilitating existing streets and curb ramps and helping maintain existing city infrastructure. CONCLUSION Staff recommends acceptance of the project.Upon acceptance,a Notice of Completion will be filed with the County of San Mateo Recorder’s office.Within thirty days of acceptance,the City will provide the contractor with a final estimate of payment in writing of the quantities of work done under the contract and the value of such work. Attachments: 1.Project Location Map 2.Construction Photos 3.Outstanding Punch List Items City of South San Francisco Printed on 5/21/2021Page 2 of 2 powered by Legistar™ Attachment 1 – Project Location Map Project Location The Grand Boulevard Initiative ITEMS OF WORK •biofiltration planters •biofiltration tree wells and pervious concrete sidewalk The Grand Boulevard Initiative ITEMS OF WORK •ADA curbs & push buttons •New Traffic Signal at Kaiser Way The Grand Boulevard Initiative CURB RAMPS The Grand Boulevard Initiative LANDSCAPE Final Inspection Date: 3/22/2021                     Additional Inspection Date: 5/18/2021PLANTING AND IRRIGATION ITEMSITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMSTATUS1 Deliverable/Submittal TCSP & OBAGSpecification 20.2.06A ‐ Submit complete manufacturers maintenance and operations manual for each type of Irrigation Controller Instralled at each location                              Outstanding2 Deliverable/Submittal TCSP & OBAGSpecification 20 ‐ After work is complete submit (3) copies of the AS‐Built Shop Drawings including any wire modifications for each type of Irrigation Controller Installed                                 IncompleteNo wiring diagram included in As‐built3 Deliverable/Submittal TCSP & OBAGSpecification 20 ‐ For each controller, laminate and place in a plastic envelope (1 copy) of (a) As Built Wiring Diagram, including all wiring mods. Outstanding Could not be verified as Contractor has not provided cabinet keys4 Deliverable/Submittal TCSP & OBAGSpecification 20 ‐ Provide 11"x17" "As Built Irrigation Plan" Laminated. The laminate material must be clear mat finished plastic that is at least 10 mil in thickness ‐ The envelope for this must be Heavy Plastic. Outstanding Could not be verified as Contractor has not provided cabinet keys5 Deliverable/Submittal TCSP & OBAGSpecification 20 ‐ Provide Training by a qualified person of the use & adjustment of the installed Irrigation Controllers at least 30 days before contract acceptance Outstanding6 Deliverable/Submittal TCSP & OBAGSpecification 20 ‐ The installation date and expiration date of the manufacturers guarantee for the controllers must be permanently marked on the inside face of the controller. Outstanding Could not be verified as Contractor has not provided cabinet keys7 Deliverable/Submittal TCSP & OBAGSpecification 20 ‐ Have an area inside the cabinet doors for storage of the "As‐Built  Schematic Wiring Diagram and Irrigation Plans.Outstanding Could not be verified as Contractor has not provided cabinet keys8 Deliverable/Submittal TCSP & OBAGSpecification 20 ‐ Have padlock clasp or latch and lock mechanism                                                       IncompleteContractor has not provided cabinet keys9 Deliverable/Submittal TCSP & OBAGSpecification 20‐3.01A(3) C  ‐ CERTIFICATES OF COMPLIANCE ‐ Submit a certificate of compliance for sod and soil amendment    Outstanding10 Deliverable/Submittal TCSP & OBAGSpecification 20‐3.01A(4)  Quaity Assurance ‐ Plants must comply with  with Federal and  State laws requiring inspections for diseases and infections. Inspection certificates required by law must accompany each shipment of plants.                    OutstandingContractor submitted receipts only11 Planting TCSP & OBAGCorrect hydroseeding at planter areas and medians‐ Hydroseed is not growing. It is currently at approximately 50%. Remove weeds, cultivate and re‐ hydroseed to complete contract obligation.      IncompleteCity Parks did one more inspection on 5/18/202112 Planting South Bound Lanes Remove & Replace Trees  ‐ Trees are marked with yellow caution tape OutstandingCity Parks did one more inspection on 5/18/202113 Planting Median AreaReplace leader for Sycamore Tree ‐ 3rd Tree from BART WAY Southbound Lane              xxxxxxxOutstandingCity Parks did one more inspection on 5/18/202114 Planting South Bound LaneReplace Leader (1) one Live Oak Tree on SBL Sidewalk ‐ Replce leader for tree across from Kaiser Enterance by Broadmore OutstandingCity Parks did one more inspection on 5/18/2021CITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSPUNCH LIST Final Inspection Date: 3/22/2021                     Additional Inspection Date: 5/18/2021PLANTING AND IRRIGATION ITEMSITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMSTATUSCITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSPUNCH LIST15 Planting All Tree AreasCorrect all tree tying ‐ Trees are either not tied or not tied correctly. Extensive re‐staking necessary for many trees as trees are growing unevenly.          OutstandingCity Parks did one more inspection on 5/18/202116 Irrigation Multiple Areas Correct drip lines in biofiltration planter areas ‐ Many areas do not have enough landscape cover and are exposed.  Cover all drip irrigation lines.OutstandingCity Parks did one more inspection on 5/18/202117 IrrigationMedian at WestboroughReplace/fix broken coupler box and drip line boxOutstanding Issue discovered by City Parks during inspection on  5/18/202118 Planting Multiple Areas Provide treatment for many sycamore and deciduous oaks which are becoming infected with Anthracnose fungus.Outstanding Issue discovered by City Parks during inspection on  5/18/202219 Irrigation TCSP & OBAGSpecifications SSection 20‐2.01a)4)(D) ‐ The functional tests for each irrigation controller or group of controllers and associated irrigation system served by a single electric service point must consist of at least (1) one cycle of operation. The Engineer determines the length of the cycle. Perform a functional test for each irrigation system:  (1) Before planting the plants, (2) After planting the plants, (3) Before start of the plant establisihment work.   Perform functional test prior to plant establishement period.                   IncompleteContractor only performed one test20 Deliverable/Submittal TCSP & OBAGSpecification 20‐4.01C(1) General ‐ Submit seasonal watering schedules for use during the plant establishment period 10 days after the start of the plant establishment period. Remote irrigation control system watering schedule must use the remote irrigation system  program.        Plant establishment work has not started21 Deliverable/Submittal TCSP & OBAGSpecification 20‐4.01C(1) General ‐ Submit up‐date watering schedules within 5 buisness days after any changes have been made to authorized schedules  Plant establishment work has not started22 Deliverable/Submittal TCSP & OBAGSpecification 20‐4.01C(1) General ‐ Submit a revised watering schedule for each irrigation controller at least 30 days before completion of plant establishment period. Plant establishment work has not started23 Deliverable/Submittal TCSP & OBAGSpecification 20‐4.01C(2)  Notification ‐ The Engineer notifies the contractor when the plant establishment period starts and finishes statements regarding the number of working days credited to the plant establishment period after the notification.                                                          Plant establishment work has not started24 Deliverable/Submittal TCSP & OBAGSpecification 20‐4.01D Quality Assurance ‐ Provide training by a qualified person on the use and adjustment of the installed irrigation controllers no more than 30 days before completion of the plant establishment period                                                                          Plant establishment work has not started25 Deliverable/Submittal TCSP & OBAGSpecification 20‐2.01A(4)(e) ‐ Perform a final inspection of the plant establishment work in the presence of the Engineer 20 to 30 days before Contract Acceptance. Plant establishment work has not started Electrical ItemsITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMSTATUS1 Deliverables TCSP & OBAGQC Documentation ‐ Submit copies of all completed  field documentation and checklists associaetd with material deliveries and field installation as detailed in MBE Submittal No. 74.1, MBE QC Plan.                                  Outstanding2 Deliverables TCSP & OBAGTechnical Specification 77‐1.02(A)(ii) Functional ‐ The standard optical detection discriminator assembly to be used in range tests must be available from the manufacturer of the system. A certified performance report must be furnished with each assembly. Provide report.Outstanding 3 Deliverables TCSP & OBAGTechnical Specification 77‐1.03(A)(I) System Operation ‐ Provide test results Outstanding 4 SIGNAL SYSTEM Arroyo DriveCorrect reach for push button ‐ push button at Arroyo Dr is more than 1 foot from the curb Outstanding PUNCH LISTCITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSFinal Inspection DATE: 3/22/2021 General Items ITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMSTATUS1 Site Cleanup TCSP & OBAGIrrigation/Electrical pull boxes/manholes/survey monuments that are covered in dirt or slurry seal must be cleared of all debris before opening. Open each element in the presence of the City inspector.            Outstanding2 Site Cleanup TCSP & OBAGInterconnect cable box lid along SB82 and South of Kaiser Way should be free of slurry seal in order to open. Remove slurry.                        Outstanding3 Site Cleanup TCSP & OBAG Remove plastic from all truncated domes and clean them. Incomplete4 Signage TCSP & OBAGAll sign posts should be vertical and plumb with out bends. Walk the site with City inspector and erect identified posts in the presence of the inspector.         Outstanding5 Signage TCSP & OBAGReplace or repair Signs for the following locations:    a)  Chestnut intersection b) North Side of Arroyo. Walk the site with City inspector and repair/replace in the presence of inspector.              Outstanding6 Warranties TCSP & OBAGGeneral Condition Section III, Item 4and Section VII, Item 22‐ Submit 1 year Guranty Bond Outstanding7 Warranties TCSP & OBAGSpecifications Section 73 ‐3.01C & D(2) ‐ Submit 5‐year manufacturer's replacement warranty against defects in a prefabricated detectable warning surface. It must cover defects in dome shape, color fastness, sound‐on‐cane acoustic quality, resilience, and attachment. The warranty period starts at contract acceptance.Outstanding8 Survey TCSP & OBAGTechnical Specification Section 73‐3.01C and 73‐3.01D(3) ‐ Submit pre and post construction survey including ADA ramps and other areas with dimensions and slopes showin in plans.Incomplete9 Contractor Expenses TCSP & OBAGSpecial Provision 11 Use of Water ‐ Responsibility of the contractor to pay for all expenses associated with potable and non‐potable water associated with prosecution of the work. Calwater billed the CIty for water used for irrigation work. The City will provide the bill to LCG for reimbursement.Outstanding10 As‐Built Plans TCSP & OBAGSpecial Provision Appendix C ‐ Caltrans Encroachment Permit General Condition 22, As‐Built Plans.  Submitted As‐Built Plans are incomplete. Revise them to incoroporate items 1 thru 6 from this form.  Incomplete11Waste Management PlanTCSP & OBAGSpecial Provision 18 Construction & Demolition Waste Management Plan and Appendix A ‐ Provide a copy of the LCG's WMP approved by the City, submit the Diversion Assesment Form to the Building Department for review, and provide a copy of City response to Diversion Assesment Form.Outstanding12 Pervious Concrete TCSP & OBAGTechnical Specification Section 40 and QCP Plan ‐ Submit test results for Unit Weight/Fresh density (ASTM C1688) for first concrete load on each day of work.  OutstandingPUNCH LISTCITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSFinal Inspection DATE: 3/22/2021 Civil ItemsITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMStatus1 Curb 243+92.00Crack on curb          OBAG STATIONS FROM 239+80 to 249+15OutstandingReplace from joint to joint2 Curb 243+98.86 Crack on curbOutstandingReplace from joint to joint3 Curb 242+76.70 Crack on curbOutstandingReplace from joint to joint4 Curb 242+56.00 Crack on curbOutstandingReplace from joint to joint5 Curb 242+41.00 Crack on curbOutstandingReplace from joint to joint6 Curb 242+23.00 Crack on curbOutstandingReplace from joint to joint7 Curb 242+12.00 Crack on curbOutstandingReplace from joint to joint8 Sidewalk 242+93.70 to 243+38.00 Backfill sidewalk ‐ east side Outstanding9 Curb 231+87 Crack on curbOutstandingReplace from joint to joint10 Traffic Control 231+85 Turn the crossing push button 180 degrees Outstanding11 Curb 230+97, 231+00Crack on curb, replace curb section projecting into gutterOutstandingReplace from joint to joint12 Curb 229+82 Crack on curbOutstandingReplace from joint to joint13 Curb 229+65 Crack on curbOutstandingReplace from joint to joint14 Curb 221+50 Crack on curbOutstandingReplace from joint to jointPUNCH LISTCITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSFinal Inspection DATE: 3/22/2021NORTHBOUND DIRECTION Civil ItemsITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMStatusPUNCH LISTCITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSFinal Inspection DATE: 3/22/202115 Curb 213+68, 214+00 Crack on curbOutstandingReplace from joint to joint16 Median area General ‐ Entire work areaRemove concrete, rocks, and traffic road reflectors in the medianOutstanding17 Median area General ‐ Entire work areaReplace or fix sign 85 at McLellan, Chestnut, and northside of Kaiser way and ArroyoOutstanding18 No Park sign 246+00 Adjust the sign Outstanding19 Curb 212+00 Repair or replace damaged curb (Upper portion)OutstandingReplace from joint to joint20 AT&T Vault 231+00 (NB)Obtain final inspection and acceptance from AT&T. Submit acceptance in writingOutstanding21 Curb 203+71Crack on curb                           TCSP STATIONS FROM 203+71 to 234+50OutstandingReplace from joint to joint22 Curb 203+72 Crack on curbOutstandingReplace from joint to joint23 Curb 204+57 Crack on curbOutstandingReplace from joint to joint24 Curb 216+20 Crack on curbOutstandingReplace from joint to joint25 Curb 218+55 Crack on curbOutstandingReplace from joint to joint26 Retaining wall 227+00 Crack on the wallOutstandingReplace from joint to joint27 Retaining wall 228+36 Crack on the wallOutstandingReplace from joint to jointSOUTHBOUND DIRECTION Civil ItemsITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMStatusPUNCH LISTCITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSFinal Inspection DATE: 3/22/202128 Curb 240+10 Crack on curbOutstandingReplace from joint to joint29 Curb 240+19 Crack on curbOutstandingReplace from joint to joint30 Curb 240+19 Crack on curbOutstandingReplace from joint to joint31 Curb 240+34 Crack on curbOutstandingReplace from joint to joint32 Curb 240+43 Crack on curbOutstandingReplace from joint to joint33 Curb 240+58 Crack on curbOutstandingReplace from joint to joint34 Curb 240+91 Crack on curbOutstandingReplace from joint to joint35 Sidewalk 241+05 Crack on sidewalkOutstandingReplace from joint to joint36 Curb 241+19 Crack on curbOutstandingReplace from joint to joint37 Curb 241+49 Crack on curbOutstandingReplace from joint to joint38 Curb 241+73 Crack on curbOutstandingReplace from joint to joint39 Traffic light base 241+80Remove excess concrete from the top of the base plateOutstanding40 Curb 244+05 Crack on curbOutstandingReplace from joint to joint ADA Ramps Items based on Survey performed by City on 3/15/2021ITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMSTATUS1ADA Ramp 4 Bart WayApprocah profile is too steep at western conform. Remove and replace approach as required to achieve maximum 2% path of travel.Outstanding2ADA Ramp 6 Bart WayPassageway profile is too steep at northern side of NE ramp. Remove and replace portion of passage way as required to make path of travel less than 8.33%Outstanding3ADA Ramp 8 Bart WayApproch cross slope is too steep. Remove and replace portion of ramp as required to make cross slope at 2%Outstanding4ADA Ramp 1 Kaiser WaySidewalk cross slope at northen side of ramp is too steep. Remove and replace sidewalk as required to achieve a maximum cross slope of 2%.Outstanding5ADA Ramp 5 Kaiser WayCross slope of northern approach and back of ramp steeper than 2%. Remove and replace to achieve a maximum cross slope of 2%.Outstanding6ADA Ramp 7 Kaiser WayCross slope approach and SE conform steeper than 2%. Remove and replace portion of ramp as required to make cross slope of approach 2%.Outstanding7ADA Ramp 8 Kaiser WayCross slope approach steeper than 2%. Remove and replace portion of ramp as required to make cross slope of approach 2%Outstanding8ADA Ramp 1 McLellanCross slope of passageway at eastern curb line is steeper than 2%. Remove and replace portion of passageway as required to make cross slope of 2%Outstanding9ADA Ramp 2 McLellanCross slope at back of approach is steeper than 2%. Cross slope of sidewalk at eastern approach slopes to back of walk. Remove and replace approach and sidewalk as required to achieve maximum 2% path of travel.Outstanding10 ADA Ramp 3 McLellanSidewalk approach to reamp is too steep at back of walk. Remove and replace approach as required to achieve maximum 2% path of travel.Outstanding11 ADA Ramp 1 Kaiser DrivewaySidewalk cross slope exceeds 2% at southern conform. Remove and replace  portion of sidewalk as required to make cross slope of 2%Outstanding12 ADA Ramp 1 ChestnutCross slope of ramp is steeper than 2%. Remove and replace portion of ramp and curb and gutter as required to make cross slope 2%Outstanding13 ADA Ramp 2 ChestnutCross slope steeper than 2%. Remove and replace portion of passageway as required to make cross slope 2%Outstanding14 ADA Ramp 5 ArroyoCross slope at approach exceeds 2%. Remove and replace portion of ramp as required to make cross slope at 2%Outstanding15 ADA Ramp 10 ArroyoProfile of passageway exceeds 2%. Remove and replace portion of passaageway  as required to make path of travel less than 2%.OutstandingPUNCH LISTCITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSFinal Inspection DATE: 3/22/2021 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-409 Agenda Date:5/26/2021 Version:1 Item #:8a. Resolution to accept the construction improvements of the Grand Boulevard Initiative Project:Phase I (st1403) and Phase II (st1502). WHEREAS,on June 13,2018,the City Council of the City of South San Francisco (“City”)awarded a construction contract to LC General Engineering &Construction,Inc.of San Francisco,CA for the Grand Boulevard Initiative Project: Phase I and II (“Project”) in an amount not to exceed $5,748,633; and WHEREAS,the Project work consisted of improvements that included enhanced pedestrian crossings with corner curb bulb-outs and median refuges, expanded bus stop/waiting areas, and a new landscaped median; and WHEREAS,on November 12,2020,the City issued a Notice of Substantial Completion and City Letter RE- 118 providing LCG a list of punch list items that were either defective or incomplete,and that needed to be corrected prior to project acceptance; and WHEREAS,LCG has disputed most of the punch list,arguing the work was either built per project plans or was not required under the Project contract (“Contract”); and WHEREAS,the City has been unable to secure LCG’s cooperation on the punch-list items,and LCG has failed to follow the City’s instructions to complete the punch-list items by March 19, 2021; and WHEREAS,on March 25,2021,the Engineering Division inspected the work again and found the punch-list items included as Exhibit A to this Resolution were not built per plans and specifications and thus remain outstanding; and WHEREAS, despite the incomplete nature of the Project, the City seeks to close out the Project; and WHEREAS,General Condition Section V,Items 9,10;Section VI,Items 2 and 4;and Section IX,Item 6 of the contract,among others,allow the City both to reduce payment on defective work that is accepted and to withhold funds for defective work that must be corrected after acceptance; and WHEREAS,General Condition Section VI,Item 4 of the Contract specifically provides that for work that is defective and not in accordance with the plans and specifications,the City may retain such work and make deductions in the payments due or to become due the contractor that are just and reasonable;if the City Engineer determines that the imperfection in the work is not of sufficient magnitude or importance to make the work dangerous or undesirable;or if the removal of such work is impractical or will create conditions which are dangerous or undesirable; and WHEREAS,acceptance of the Project and filing of Notice of Completion will allow the City to proceed in calculating the final payment on the Project without further delay and,ultimately,to have another contractorCity of South San Francisco Printed on 6/11/2021Page 1 of 2 powered by Legistar™ File #:21-409 Agenda Date:5/26/2021 Version:1 Item #:8a. calculating the final payment on the Project without further delay and,ultimately,to have another contractor perform the remaining work that needs to be completed. NOW THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby finds as follows: 1.Each recital above is true and accurate, and incorporated herein by this reference; 2.The Project has been substantially completed; and BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby takes the following actions: 1.Accepts the Project, subject to the findings above; and 2.Authorizes the City Manager or his designee to file a Notice of Completion for the Project with the County of San Mateo Recorder’s office. ***** City of South San Francisco Printed on 6/11/2021Page 2 of 2 powered by Legistar™ Final Inspection Date: 3/22/2021                     Additional Inspection Date: 5/18/2021PLANTING AND IRRIGATION ITEMSITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMSTATUS1 Deliverable/Submittal TCSP & OBAGSpecification 20.2.06A ‐ Submit complete manufacturers maintenance and operations manual for each type of Irrigation Controller Instralled at each locationOutstanding2 Deliverable/Submittal TCSP & OBAGSpecification 20 ‐ After work is complete submit (3) copies of the AS‐Built Shop Drawings including any wire modifications for each type of Irrigation Controller InstalledIncompleteNo wiring diagram included in As‐built3Deliverable/Submittal TCSP & OBAGSpecification 20 ‐ For each controller, laminate and place in a plastic envelope (1 copy) of (a) As Built Wiring Diagram, including all wiring mods. Outstanding Could not be verified as Contractor has not provided cabinet keys4 Deliverable/Submittal TCSP & OBAGSpecification 20 ‐ Provide 11"x17" "As Built Irrigation Plan" Laminated. The laminate material must be clear mat finished plastic that is at least 10 mil in thickness ‐ The envelope for this must be Heavy Plastic. Outstanding Could not be verified as Contractor has not provided cabinet keys5 Deliverable/Submittal TCSP & OBAGSpecification 20 ‐ Provide Training by a qualified person of the use & adjustment of the installed Irrigation Controllers at least 30 days before contract acceptance Outstanding6 Deliverable/Submittal TCSP & OBAGSpecification 20 ‐ The installation date and expiration date of the manufacturers guarantee for the controllers must be permanently marked on the inside face of the controller. Outstanding Could not be verified as Contractor has not provided cabinet keys7 Deliverable/Submittal TCSP & OBAGSpecification 20 ‐ Have an area inside the cabinet doors for storage of the "As‐Built  Schematic Wiring Diagram and Irrigation Plans.Outstanding Could not be verified as Contractor has not provided cabinet keys8 Deliverable/Submittal TCSP & OBAGSpecification 20 ‐ Have padlock clasp or latch and lock mechanismIncompleteContractor has not provided cabinet keys9 Deliverable/Submittal TCSP & OBAGSpecification 20‐3.01A(3) C  ‐ CERTIFICATES OF COMPLIANCE ‐ Submit a certificate of compliance for sod and soil amendment    Outstanding10 Deliverable/Submittal TCSP & OBAGSpecification 20‐3.01A(4)  Quaity Assurance ‐ Plants must comply with  with Federal and  State laws requiring inspections for diseases and infections. Inspection certificates required by law must accompany each shipment of plants.OutstandingContractor submitted receipts only11PlantingTCSP & OBAGCorrect hydroseeding at planter areas and medians‐ Hydroseed is not growing. It is currently at approximately 50%. Remove weeds, cultivate and re‐ hydroseed to complete contract obligation.      IncompleteCity Parks did one more inspection on 5/18/202112Planting South Bound Lanes Remove & Replace Trees  ‐ Trees are marked with yellow caution tape OutstandingCity Parks did one more inspection on 5/18/202113PlantingMedian AreaReplace leader for Sycamore Tree ‐ 3rd Tree from BART WAY Southbound Lane              xxxxxxxOutstandingCity Parks did one more inspection on 5/18/202114Planting South Bound LaneReplace Leader (1) one Live Oak Tree on SBL Sidewalk ‐ Replce leader for tree across from Kaiser Enterance by Broadmore OutstandingCity Parks did one more inspection on 5/18/2021CITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSPUNCH LISTEXHIBIT A Final Inspection Date: 3/22/2021                     Additional Inspection Date: 5/18/2021PLANTING AND IRRIGATION ITEMSITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMSTATUSCITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSPUNCH LIST15 Planting All Tree AreasCorrect all tree tying ‐ Trees are either not tied or not tied correctly. Extensive re‐staking necessary for many trees as trees are growing unevenly.          OutstandingCity Parks did one more inspection on 5/18/202116 Irrigation Multiple Areas Correct drip lines in biofiltration planter areas ‐ Many areas do not have enough landscape cover and are exposed.  Cover all drip irrigation lines.OutstandingCity Parks did one more inspection on 5/18/202117 IrrigationMedian at WestboroughReplace/fix broken coupler box and drip line boxOutstanding Issue discovered by City Parks during inspection on  5/18/202118 Planting Multiple Areas Provide treatment for many sycamore and deciduous oaks which are becoming infected with Anthracnose fungus.Outstanding Issue discovered by City Parks during inspection on  5/18/202219 Irrigation TCSP & OBAGSpecifications SSection 20‐2.01a)4)(D) ‐ The functional tests for each irrigation controller or group of controllers and associated irrigation system served by a single electric service point must consist of at least (1) one cycle of operation. The Engineer determines the length of the cycle. Perform a functional test for each irrigation system:  (1) Before planting the plants, (2) After planting the plants, (3) Before start of the plant establisihment work.   Perform functional test prior to plant establishement period.                   IncompleteContractor only performed one test20 Deliverable/Submittal TCSP & OBAGSpecification 20‐4.01C(1) General ‐ Submit seasonal watering schedules for use during the plant establishment period 10 days after the start of the plant establishment period. Remote irrigation control system watering schedule must use the remote irrigation system  program.        Plant establishment work has not started21 Deliverable/Submittal TCSP & OBAGSpecification 20‐4.01C(1) General ‐ Submit up‐date watering schedules within 5 buisness days after any changes have been made to authorized schedules  Plant establishment work has not started22 Deliverable/Submittal TCSP & OBAGSpecification 20‐4.01C(1) General ‐ Submit a revised watering schedule for each irrigation controller at least 30 days before completion of plant establishment period. Plant establishment work has not started23 Deliverable/Submittal TCSP & OBAGSpecification 20‐4.01C(2)  Notification ‐ The Engineer notifies the contractor when the plant establishment period starts and finishes statements regarding the number of working days credited to the plant establishment period after the notification.                                                          Plant establishment work has not started24 Deliverable/Submittal TCSP & OBAGSpecification 20‐4.01D Quality Assurance ‐ Provide training by a qualified person on the use and adjustment of the installed irrigation controllers no more than 30 days before completion of the plant establishment period                                                                          Plant establishment work has not started25 Deliverable/Submittal TCSP & OBAGSpecification 20‐2.01A(4)(e) ‐ Perform a final inspection of the plant establishment work in the presence of the Engineer 20 to 30 days before Contract Acceptance. Plant establishment work has not started Electrical ItemsITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMSTATUS1 Deliverables TCSP & OBAGQC Documentation ‐ Submit copies of all completed  field documentation and checklists associaetd with material deliveries and field installation as detailed in MBE Submittal No. 74.1, MBE QC Plan.                                  Outstanding2 Deliverables TCSP & OBAGTechnical Specification 77‐1.02(A)(ii) Functional ‐ The standard optical detection discriminator assembly to be used in range tests must be available from the manufacturer of the system. A certified performance report must be furnished with each assembly. Provide report.Outstanding 3 Deliverables TCSP & OBAGTechnical Specification 77‐1.03(A)(I) System Operation ‐ Provide test results Outstanding 4 SIGNAL SYSTEM Arroyo DriveCorrect reach for push button ‐ push button at Arroyo Dr is more than 1 foot from the curb Outstanding PUNCH LISTCITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSFinal Inspection DATE: 3/22/2021 General Items ITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMSTATUS1 Site Cleanup TCSP & OBAGIrrigation/Electrical pull boxes/manholes/survey monuments that are covered in dirt or slurry seal must be cleared of all debris before opening. Open each element in the presence of the City inspector.            Outstanding2 Site Cleanup TCSP & OBAGInterconnect cable box lid along SB82 and South of Kaiser Way should be free of slurry seal in order to open. Remove slurry.                        Outstanding3 Site Cleanup TCSP & OBAG Remove plastic from all truncated domes and clean them. Incomplete4 Signage TCSP & OBAGAll sign posts should be vertical and plumb with out bends. Walk the site with City inspector and erect identified posts in the presence of the inspector.         Outstanding5 Signage TCSP & OBAGReplace or repair Signs for the following locations:    a)  Chestnut intersection b) North Side of Arroyo. Walk the site with City inspector and repair/replace in the presence of inspector.              Outstanding6 Warranties TCSP & OBAGGeneral Condition Section III, Item 4and Section VII, Item 22‐ Submit 1 year Guranty Bond Outstanding7 Warranties TCSP & OBAGSpecifications Section 73 ‐3.01C & D(2) ‐ Submit 5‐year manufacturer's replacement warranty against defects in a prefabricated detectable warning surface. It must cover defects in dome shape, color fastness, sound‐on‐cane acoustic quality, resilience, and attachment. The warranty period starts at contract acceptance.Outstanding8 Survey TCSP & OBAGTechnical Specification Section 73‐3.01C and 73‐3.01D(3) ‐ Submit pre and post construction survey including ADA ramps and other areas with dimensions and slopes showin in plans.Incomplete9 Contractor Expenses TCSP & OBAGSpecial Provision 11 Use of Water ‐ Responsibility of the contractor to pay for all expenses associated with potable and non‐potable water associated with prosecution of the work. Calwater billed the CIty for water used for irrigation work. The City will provide the bill to LCG for reimbursement.Outstanding10 As‐Built Plans TCSP & OBAGSpecial Provision Appendix C ‐ Caltrans Encroachment Permit General Condition 22, As‐Built Plans.  Submitted As‐Built Plans are incomplete. Revise them to incoroporate items 1 thru 6 from this form.  Incomplete11Waste Management PlanTCSP & OBAGSpecial Provision 18 Construction & Demolition Waste Management Plan and Appendix A ‐ Provide a copy of the LCG's WMP approved by the City, submit the Diversion Assesment Form to the Building Department for review, and provide a copy of City response to Diversion Assesment Form.Outstanding12 Pervious Concrete TCSP & OBAGTechnical Specification Section 40 and QCP Plan ‐ Submit test results for Unit Weight/Fresh density (ASTM C1688) for first concrete load on each day of work.  OutstandingPUNCH LISTCITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSFinal Inspection DATE: 3/22/2021 Civil ItemsITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMStatus1 Curb 243+92.00Crack on curb          OBAG STATIONS FROM 239+80 to 249+15OutstandingReplace from joint to joint2 Curb 243+98.86 Crack on curbOutstandingReplace from joint to joint3 Curb 242+76.70 Crack on curbOutstandingReplace from joint to joint4 Curb 242+56.00 Crack on curbOutstandingReplace from joint to joint5 Curb 242+41.00 Crack on curbOutstandingReplace from joint to joint6 Curb 242+23.00 Crack on curbOutstandingReplace from joint to joint7 Curb 242+12.00 Crack on curbOutstandingReplace from joint to joint8 Sidewalk 242+93.70 to 243+38.00 Backfill sidewalk ‐ east side Outstanding9 Curb 231+87 Crack on curbOutstandingReplace from joint to joint10 Traffic Control 231+85 Turn the crossing push button 180 degrees Outstanding11 Curb 230+97, 231+00Crack on curb, replace curb section projecting into gutterOutstandingReplace from joint to joint12 Curb 229+82 Crack on curbOutstandingReplace from joint to joint13 Curb 229+65 Crack on curbOutstandingReplace from joint to joint14 Curb 221+50 Crack on curbOutstandingReplace from joint to jointPUNCH LISTCITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSFinal Inspection DATE: 3/22/2021NORTHBOUND DIRECTION Civil ItemsITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMStatusPUNCH LISTCITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSFinal Inspection DATE: 3/22/202115 Curb 213+68, 214+00 Crack on curbOutstandingReplace from joint to joint16 Median area General ‐ Entire work areaRemove concrete, rocks, and traffic road reflectors in the medianOutstanding17 Median area General ‐ Entire work areaReplace or fix sign 85 at McLellan, Chestnut, and northside of Kaiser way and ArroyoOutstanding18 No Park sign 246+00 Adjust the sign Outstanding19 Curb 212+00 Repair or replace damaged curb (Upper portion)OutstandingReplace from joint to joint20 AT&T Vault 231+00 (NB)Obtain final inspection and acceptance from AT&T. Submit acceptance in writingOutstanding21 Curb 203+71Crack on curb                           TCSP STATIONS FROM 203+71 to 234+50OutstandingReplace from joint to joint22 Curb 203+72 Crack on curbOutstandingReplace from joint to joint23 Curb 204+57 Crack on curbOutstandingReplace from joint to joint24 Curb 216+20 Crack on curbOutstandingReplace from joint to joint25 Curb 218+55 Crack on curbOutstandingReplace from joint to joint26 Retaining wall 227+00 Crack on the wallOutstandingReplace from joint to joint27 Retaining wall 228+36 Crack on the wallOutstandingReplace from joint to jointSOUTHBOUND DIRECTION Civil ItemsITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMStatusPUNCH LISTCITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSFinal Inspection DATE: 3/22/202128 Curb 240+10 Crack on curbOutstandingReplace from joint to joint29 Curb 240+19 Crack on curbOutstandingReplace from joint to joint30 Curb 240+19 Crack on curbOutstandingReplace from joint to joint31 Curb 240+34 Crack on curbOutstandingReplace from joint to joint32 Curb 240+43 Crack on curbOutstandingReplace from joint to joint33 Curb 240+58 Crack on curbOutstandingReplace from joint to joint34 Curb 240+91 Crack on curbOutstandingReplace from joint to joint35 Sidewalk 241+05 Crack on sidewalkOutstandingReplace from joint to joint36 Curb 241+19 Crack on curbOutstandingReplace from joint to joint37 Curb 241+49 Crack on curbOutstandingReplace from joint to joint38 Curb 241+73 Crack on curbOutstandingReplace from joint to joint39 Traffic light base 241+80Remove excess concrete from the top of the base plateOutstanding40 Curb 244+05 Crack on curbOutstandingReplace from joint to joint ADA Ramps Items based on Survey performed by City on 3/15/2021ITEM No. CATEGORY LOCATION DESCRIPTION OF ITEMSTATUS1ADA Ramp 4 Bart WayApprocah profile is too steep at western conform. Remove and replace approach as required to achieve maximum 2% path of travel.Outstanding2ADA Ramp 6 Bart WayPassageway profile is too steep at northern side of NE ramp. Remove and replace portion of passage way as required to make path of travel less than 8.33%Outstanding3ADA Ramp 8 Bart WayApproch cross slope is too steep. Remove and replace portion of ramp as required to make cross slope at 2%Outstanding4ADA Ramp 1 Kaiser WaySidewalk cross slope at northen side of ramp is too steep. Remove and replace sidewalk as required to achieve a maximum cross slope of 2%.Outstanding5ADA Ramp 5 Kaiser WayCross slope of northern approach and back of ramp steeper than 2%. Remove and replace to achieve a maximum cross slope of 2%.Outstanding6ADA Ramp 7 Kaiser WayCross slope approach and SE conform steeper than 2%. Remove and replace portion of ramp as required to make cross slope of approach 2%.Outstanding7ADA Ramp 8 Kaiser WayCross slope approach steeper than 2%. Remove and replace portion of ramp as required to make cross slope of approach 2%Outstanding8ADA Ramp 1 McLellanCross slope of passageway at eastern curb line is steeper than 2%. Remove and replace portion of passageway as required to make cross slope of 2%Outstanding9ADA Ramp 2 McLellanCross slope at back of approach is steeper than 2%. Cross slope of sidewalk at eastern approach slopes to back of walk. Remove and replace approach and sidewalk as required to achieve maximum 2% path of travel.Outstanding10 ADA Ramp 3 McLellanSidewalk approach to reamp is too steep at back of walk. Remove and replace approach as required to achieve maximum 2% path of travel.Outstanding11 ADA Ramp 1 Kaiser DrivewaySidewalk cross slope exceeds 2% at southern conform. Remove and replace  portion of sidewalk as required to make cross slope of 2%Outstanding12 ADA Ramp 1 ChestnutCross slope of ramp is steeper than 2%. Remove and replace portion of ramp and curb and gutter as required to make cross slope 2%Outstanding13 ADA Ramp 2 ChestnutCross slope steeper than 2%. Remove and replace portion of passageway as required to make cross slope 2%Outstanding14 ADA Ramp 5 ArroyoCross slope at approach exceeds 2%. Remove and replace portion of ramp as required to make cross slope at 2%Outstanding15 ADA Ramp 10 ArroyoProfile of passageway exceeds 2%. Remove and replace portion of passaageway  as required to make path of travel less than 2%.OutstandingPUNCH LISTCITY OF South San Francisco - Grand Blvd. Initiative Project - Phase I and IITCSP AND OBAG CONTRACT AREAS INCLUDING ALL SUBCONTRACTSFinal Inspection DATE: 3/22/2021 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-391 Agenda Date:5/26/2021 Version:1 Item #:9. Report regarding a resolution accepting a grant in the amount of $29,750.40 from Kaiser Foundation Hospitals Northern California Community Benefits Programs to support COVID-19 Vaccine Equity in South San Francisco and approving budget amendment 21.051.(Christina Fernandez, Assistant to the City Manager) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting a grant in the amount of $29,750.40 from Kaiser Foundation Hospitals Northern California Community Benefits Programs to support COVID-19 Vaccine Equity in South San Francisco,authorize the City Manager to execute a grant agreement, and approve budget amendment 21.051. BACKGROUND/DISCUSSION The goal of City of South San Francisco’s COVID-19 Vaccine Equity grant is to increase vaccination rates among the communities hardest hit by the pandemic and address inequitable access barriers that prevent timely vaccination. Located in the heart of our downtown, the South San Francisco COVID-19 Neighborhood Vaccination Clinics aim to inoculate our most vulnerable populations in targeted Latinx and Asian/Pacific Islander neighborhoods with low vaccination rates in South San Francisco. COVID-19 has disproportionately impacted Black, Brown, Indigenous and other people of color in terms of increased morbidity and mortality, yet vaccine rates show significant racial disparities. Kaiser Foundation Hospitals has awarded a grant to support the City’s COVID-19 Vaccine Equity program, which aims to remove access and trust barriers to ensure people at highest risk for contracting COVID-19 receive timely vaccinations, particularly within communities of color. The South San Francisco COVID-19 Neighborhood Vaccination Clinics targets the City’s two lowest income census tracts, which are predominately Latinx and Asian/Pacific Islander. South San Francisco and the County of San Mateo rely on the County’s health department data when targeting households canvassed during outreach efforts. The vaccine clinics target our two lowest income census tracts located in the Downtown and Old Town area of South San Francisco. These census tracts are predominately Latinx, multigenerational households who are also renters. Approximately 47% of our residents are housing burdened, spending more than 30% of their income on rent. According to regional data, those census tracts have 10.5% and 14.5% poverty rates respectively; however, the Stanford Center for Poverty and Inequality found that considering high housing costs, the poverty rate in downtown South San Francisco is actually between 20-40%. The Metropolitan Transportation Commission (MTC) has labeled the City of South San Francisco as a Community of Concern. A diverse city with pockets of low income, high need neighborhoods vulnerable to displacement juxtaposed against the largest biotechnology cluster in the world bifurcated by Highway 101. • 58% of households speak a language other than English City of South San Francisco Printed on 5/21/2021Page 1 of 2 powered by Legistar™ File #:21-391 Agenda Date:5/26/2021 Version:1 Item #:9. • 81% of households are households of color • 40%-49% of households in our downtown area are spending more than 30% of income on housing costs Acceptance of this grant allows the City to provide translation services (Spanish and Traditional Chinese)at all of our neighborhood vaccine clinics as well as emergency medical services staff including 1 paramedic and 1 EMT at each event. FISCAL IMPACT There is no known fiscal impact to acceptance of this grant. RELATIONSHIP TO STRATEGIC PLAN Acceptance of the COVID-19 Vaccine Equity grant meets the strategic goals of providing a healthy and safe environment for our residents and community members. CONCLUSION It is recommended City Council adopt a resolution accepting a grant in the amount of $29,750.40 from Kaiser Foundation Hospitals Northern California Community Benefits Programs to support COVID-19 Vaccine Equity in South San Francisco,authorize the City Manager to execute a grant agreement,and approve budget amendment 21.051. City of South San Francisco Printed on 5/21/2021Page 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 #:21-392 Agenda Date:5/26/2021 Version:1 Item #:9a. Resolution authorizing the acceptance of a grant from Kaiser Foundation Hospitals Northern California Community Benefit Programs in the amount of $29,750.40 for COVID-19 Vaccine Equity in South San Francisco,authorizing the City Manager to execute a grant agreement,and approving budget amendment 21.051. WHEREAS,COVID-19 has disproportionately impacted Black,Brown,Indigenous and other people of color in terms of increased morbidity and mortality, yet vaccine rates show significant racial disparities; and WHEREAS,Kaiser Foundation Hospitals Northern California Community Benefits Programs has awarded the City a grant to support the City’s COVID-19 Vaccine Equity program,which aims to remove access and trust barriers to ensure people at highest risk for contracting COVID-19 receive timely vaccinations,particularly within communities of color; and WHEREAS,the goal of the City of South San Francisco’s COVID-19 Vaccine Equity grant is to increase vaccination rates among the communities hardest hit by the pandemic and address inequitable access barriers that prevent timely vaccination. NOW,THEREFORE,BE IT RESOLVED,the South San Francisco City Council accepts a grant in the amount of $29,750.40 from Kaiser Foundation Hospitals Northern California Community Benefits Programs to support COVID-19 Vaccine Equity in South San Francisco and approves budget amendment 21.051. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute a grant agreement with Kaiser Foundation Hospitals and to execute any related documents and make any revisions,amendments,or modifications deemed necessary to carry out the intent of this Resolution which do not materially alter or increase the City’s obligations thereunder, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 6/1/2021Page 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 #:21-272 Agenda Date:5/26/2021 Version:1 Item #:10. Report regarding a resolution approving a consultant services agreement with Dysert Environmental, Inc.for environmental sampling services in an amount not to exceed $90,000 annually,for fiscal years 2021-2022,2022-2023,2023-2024,2024-2025,and 2025-2026;and authorizing the City Manager to execute the agreement (Andrew Wemmer, Environmental Compliance Supervisor). RECOMMENDATION Staff recommends that the City Council adopt a resolution approving a consultant services agreement with Dysert Environmental,Inc.for environmental sampling services required for regulatory compliance for fiscal years 2021-2022,2022-2023,2023-2024,2024-2025,and 2025-2026 and authorizing the City Manager to execute the necessary agreement. BACKGROUND/DISCUSSION The National Pollutant Discharge Elimination System (NPDES)governs the South San Francisco -San Bruno Water Quality Control Plant's (WQCP)treated effluent.This permit requires regular sampling and monitoring of industrial facility discharge and WQCP wastewater through the WQCP's Environmental Compliance and Laboratory programs.The City historically contracts with a third party to perform these services due to the specialized nature of the work,a large number of resources,equipment,and labor required,and data transparency.The Environmental Compliance Program controls 26 industrial facilities through EPA-required Wastewater Discharge Permits.Depending on the type of business,discharge permits require sample frequencies from monthly to semi-annually.The City recovers sampling costs incurred through the wastewater discharge permits through annual sewer service billings -this practice results in total sampling cost recovery to the WQCP. Staff sent the Request for Proposal (RFP)to six (6)companies specializing in sampling services.Two companies,Dysert Environmental,Inc.and Delta Environmental Laboratories,responded to the RFP. The Environmental Compliance Program Supervisor,Acting Laboratory Supervisor,and Plant Assistant Superintendent evaluated the proposals on April 27 and 28,2021,at the South San Francisco Water Quality Control Plant.After reviewing the proposals,staff recommends awarding a contract to Dysert Environmental, Inc. based on evaluations of qualifications and pricing (Attachment 3). Dysert Environmental Inc.'s service is professional,providing valuable support of the City's NPDES permit requirements.Dysert Environmental also submitted the lowest cost proposal,and their knowledge of the City's NPDES and Pretreatment programs lends itself to excellent customer service. To ensure quality of service and competitive rates moving forward,staff intends to pursue a new RFP for NPDES sampling services in the fiscal year 2026-2027. City of South San Francisco Printed on 5/21/2021Page 1 of 2 powered by Legistar™ File #:21-272 Agenda Date:5/26/2021 Version:1 Item #:10. RELATIONSHIP TO STRATEGIC PLAN The WQCP division protects public health and the environment.Regular sampling of wastewater effluents ensures the quality of life and public safety. FUNDING The Division's operating budget includes environmental sampling services approved by the City Council for the fiscal year 2020-2021.As summarized in Attachment No.1,staff anticipates that the annual cost for sampling services should not exceed $90,000. CONCLUSION The South San Francisco-San Bruno Water Quality Control Plant's NPDES Permit requires regular wastewater sampling.Based on the evaluation of the proposals received,WQCP staff drafted a services agreement (Exhibit A to the accompanying resolution)with Dysert Environmental,Inc.,the most qualified responsible contractor,to provide sampling services for the fiscal years 2021-2022,2022-2023, 2023-2024,2024-2025 and 2025-2026.Staff recommends that the City Council adopt a Resolution approving a contract with Dysert Environmental,Inc.for environmental sampling services for NPDES and Industrial Pretreatment regulatory requirements for fiscal years 2021-2022 through 2025-2026,and authorize the City Manager to execute the necessary agreement. Attachments: 1.Sampling Proposal Price Sheet 2021 2.Dysert Environmental Scope of Work 2021 3.Sampling Proposal Evaluation 2021 City of South San Francisco Printed on 5/21/2021Page 2 of 2 powered by Legistar™ Attachment 1 – Dysert Environmental, Inc. Estimated Annual Environmental Sampling Costs Sampling Event/Activity Method Matrix (Sludge = S, Waste Water = WW and Water = W) Annual QTY Estimated Special Projects Estimated Cost (unit) Cost (extended) One grab sample. Includes use of autosampler. N/A WW 6 36 $120.00 $5,040.00 Four grab samples. Includes use of autosampler. 4 site visits in 24 hours. N/A WW 4 12 $345.00 $5,520.00 24hr composite sample. Includes use of autosampler. 2 site visits in 24 hours. N/A WW 0 9 $215.00 $1,935.00 24hr composite sample and one grab sample. Includes use of autosampler. 2 site visits in 24 hours. N/A WW 47 33 $225.00 $18,000.00 24hr composite and three grab samples. Includes use of autosampler. 4 site visits in 24 hours. N/A WW 11 0 $345.00 $3,795.00 24hr composite sample and four grab samples. Includes use of autosampler. 5 site visits in 24 hours. N/A WW 26 10 $400.00 $15,200.00 Hg grab sampling w/ ISCO (2 Techs up to 1.5 hrs). Monthly metals sampling. N/A WW 12 0 $365.00 $4,380.00 Hg grab sampling supplies. Monthly metals sampling. N/A WW 12 0 $150.00 $1,800.00 Sampling Event/Activity Method Matrix (Sludge = S, Waste Water = WW and Water = W) Annual QTY Estimated Special Projects Estimated Cost (unit) Cost (extended) Wastewater sampling technician hours. Prepare COC, labels and bottles for Nutrient Sampling. Day 1 - Collect E001 samples for Ortho Phosphate and filter in field within 15 minutes of sample collection. Day 2 - Collect samples from E001 24 hour composite sample provided by City of SSF- WQCP and filter for dissolved / soluble analysis. N/A WW 0 0 $255 $0.00 Disposable supplies. 0.45 micron disposable filter. N/A WW 0 0 New factory sealed peristaltic pump tubing and new sample suction line. Includes use of GEOTECH Masterflex II Peristaltic Pump N/A WW 0 0 $37.50 $0.00 Misc. Supplies. New factory sealed peristaltic pump tubing, new sample suction line and (if needed for composite sample) new factory sealed ProPak sample bottle liner. N/A WW 84 100 $60.00 $11,040.00 TOTAL EST ANNUAL SAMPLING COST $67,430.00 ANNUAL CONTINGENCY AMOUNT (Illicit Discharge sampling, background sampling, etc.) $22,570.00 TOTAL ANNUAL NOT TO EXCEED AMOUNT $90,000.00 Attachment 2 - Scope of Work Dysert Environmental, Inc. Environmental Sampling Services 2021-2022, 2022-2023, 2023-2024, 2024-2025 and 2025-2026 Dysert Environmental, Inc. Scope of Work to provide sampling and analysis of samples as required by NPDES (National Pollutant Discharge Elimination System) Permit No. R2-2019-0021. The City of South San Francisco is required to comply with the wastewater discharge provisions listed in NPDES Permit No. R2-2019-0021, which requires monthly, quarterly and semi-annual monitoring and analysis of plant influent and effluent; semi-annual monitoring of biosolids; bi- monthly, quarterly or semi-annual monitoring of significant industrial users; semi-annual monitoring of stormwater; twice monthly monitoring of nutrients; quarterly monitoring of PCBs by method 1668; and additional monitoring of various discharges as needed. Sampling and analytical services would be in support of the City’s Environmental Compliance and Water Quality Control Laboratory Programs. Dys ert Environmental, Inc. will be responsible for the coordination and collection of monthly, quarterly and semi-annual samples of plant influent and effluent; coordination of collection of semi- annual biosolids samples; coordination and collection of bi-monthly, quarterly or semi-annual significant industrial user samples; coordination and collection of residential samples; and coordination and collection of additional samples of various discharges as needed. Dysert Environmental, Inc. is expected to be available on short notice for sampling that might arise and to work closely with WQCP staff to coordinate monthly, bi-monthly, quarterly, and semi-annual sampling. Dysert Environmental, Inc. shall furnish all materials, labor and expense needed to coordinate, collect and analyze various wastewater, biosolids, industrial, and miscellaneous samples. The chart below identifies the estimated annual sampling schedule for the contract term. Sampling Location Annual Frequency # of Industries/Samples Total Annual Sampling Events Permitted Industries Monthly (12) 2 24 2/Month (6) 12 72 Quarterly (4) 27 108 Semi-Annually (2) 8 16 Total Annual Industrial Events 220 SSF WQCP Monthly (12) 4 48 2/Month (24) 1 24 Quarterly (4) 1 4 Semi-Annually (2) 4 8 Annually (1) 2 2 Total Annual WQCP Events 86 Dysert Environmental, Inc. Estimated Annual Environmental Sampling Costs Sampling Event/Activity Method Matrix (Sludge = S, Waste Water = WW and Water = W) Annual QTY Estimated Special Projects Estimated Cost (unit) Cost (extended) One grab sample. Includes use of autosampler. N/A WW 6 36 $120.00 $5,040.00 Four grab samples. Includes use of autosampler. 4 site visits in 24 hours. N/A WW 4 12 $345.00 $5,520.00 24hr composite sample. Includes use of autosampler. 2 site visits in 24 hours. N/A WW 0 9 $215.00 $1,935.00 24hr composite sample and one grab sample. Includes use of autosampler. 2 site visits in 24 hours. N/A WW 47 33 $225.00 $18,000.00 24hr composite and three grab samples. Includes use of autosampler. 4 site visits in 24 hours. N/A WW 11 0 $345.00 $3,795.00 24hr composite sample and four grab samples. Includes use of autosampler. 5 site visits in 24 hours. N/A WW 26 10 $400.00 $15,200.00 Hg grab sampling w/ ISCO (2 Techs up to 1.5 hrs). Monthly metals sampling. N/A WW 12 0 $365.00 $4,380.00 Hg grab sampling supplies. Monthly metals sampling. N/A WW 12 0 $150.00 $1,800.00 Sampling Event/Activity Method Matrix (Sludge = S, Waste Water = WW and Water = W) Annual QTY Estimated Special Projects Estimated Cost (unit) Cost (extended) Wastewater sampling technician hours. Prepare COC, labels and bottles for Nutrient Sampling. Day 1 - Collect E001 samples for Ortho Phosphate and filter in field within 15 minutes of sample collection. Day 2 - Collect samples from E001 24 hour composite sample provided by City of SSF- WQCP and filter for dissolved / soluble analysis. N/A WW 0 0 $255 $0.00 Disposable supplies. 0.45 micron disposable filter. N/A WW 0 0 New factory sealed peristaltic pump tubing and new sample suction line. Includes use of GEOTECH Masterflex II Peristaltic Pump N/A WW 0 0 $37.50 $0.00 Misc. Supplies. New factory sealed peristaltic pump tubing, new sample suction line and (if needed for composite sample) new factory sealed ProPak sample bottle liner. N/A WW 84 100 $60.00 $11,040.00 TOTAL EST ANNUAL SAMPLING COST $67,430.00 Attachment 3 - Sampling Proposal Evaluation 2021 Company Location Sample Transport SSF Exp. (years) Exp Rating (SUM) Est. City Labor Hours Est. Annual Cost Est. City Labor Cost Total Est Annual Cost Adj Cost Rating Efficienc y Rating (SUM) Readibility of Proposal (SUM) Total Points Dysert Environmental San Mateo, CA Same-day courier 13 87 0 $67,430 $0 $67,430 80 87 29 283 Delta Environmental Benicia, CA Same-day courier 0 78 126 $74,650 $9,450 $84,100 75 77 24 254 Estimated City Labor Cost calculated based on staff hours spent setting up approximately 26 distinct sampling programs and reporting requirements, quality control/quality assurance of sampling programs and permit requirements. Labor hours estimated at 4 hours for each permit project (5 x 26 = 104) and a total of 10 hours for WQCP lab projects. Additionally, background/pump station lab projects are performed at 12 sites. Estimated 12 City labor hours for coordination and project set-up $75.00 per hour is rate used per Master Fee Schedule. Attachment 3 - SSF Sampling Proposal Evaluation 2021 - Ratings Total Company Location Sample Transport SSF Exp. (years) Qual/Exp Rating (SUM) Est. City Labor Hours Est. Annual Cost Est. City Labor Cost Total Est Annual Cost Cost Rating (SUM) Efficiency Rating (SUM) Readibility of Proposal (SUM) Total Points Dysert Environmental San Mateo, CA Same-day courier 13 87 0 $67,430 $0 $67,430 80 87 29 283 Delta Environmental Benicia, CA Same-day courier 0 78 126 $74,650 $9,450 $84,100 75 77 24 254 Qualificati ons/Experi ence (30 max) Cost (30 pts Max) Efficiency (30 pts Max) Readibility (10 pts Max) Total (100 pts Max) REVIEWER 1 Dysert Environmental 29 25 29 10 93 Nicholas Talbot Delta Environmental 25 24 25 8 82 REVIEWER 2 Dysert Environmental 29 27 29 9 94 Janice Chapman Delta Environmental 26 25 26 7.5 84.5 REVIEWER 3 Dysert Environmental 29 28 29 10 96 Andrew Wemmer Delta Environmental 27 26 26 8 87 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-273 Agenda Date:5/26/2021 Version:1 Item #:10a. Resolution approving a consultant services agreement with Dysert Environmental,Inc.for environmental sampling services in an amount not to exceed $90,000.00 annually,for fiscal years 2021-2022,2022-2023, 2023-2024, 2024-2025 and 2025-2026. WHEREAS,the South San Francisco -San Bruno Water Quality Control Plant is regulated under NPDES Permit No.R2-2019-0021,requiring regular sampling of regulated industrial dischargers and Water Quality Control Plant; and WHEREAS,the City of South San Francisco distributed a Request for Proposals for these services on March 22, 2021; and WHEREAS,the City received two proposals and,on April 27-28,2021,the City of South San Francisco Environmental Compliance and Laboratory staff evaluated qualifications of proposals received; and WHEREAS,the most qualified proposal received for these services was submitted by Dysert Environmental, Inc.; and WHEREAS,City staff recommends that the City Council approve a consultant services agreement with Dysert Environmental, Inc., for five years, for the scope of work as described in the accompanying staff report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco as follows: 1.The City Council approves a consultant services agreement with Dysert Environmental,Inc.for environmental sampling services,attached hereto and incorporated herein as Exhibit A,in an amount not to exceed $90,000.00 annually and a total not-to-exceed amount of $450,000,for a total of five years covering fiscal years 2021-2022, 2022-2023, 2023-2024, 2024-2025 and 2025-2026. 2.The City Manager is authorized to execute the consultant services agreement with Dysert Environmental,Inc.on behalf of the City,in substantially the same form as Exhibit A and subject to approval as to form by the City Attorney. 3.The City Manager is authorized to take any other actions consistent with the intent of this Resolution. ***** City of South San Francisco Printed on 6/11/2021Page 1 of 1 powered by Legistar™ Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 1 of 16 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2026, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $90,000.00 annually and $450,000 in total, 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 EXHIBIT A CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND DYSERT ENVIRONMENTAL, INC. THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and Dysert Environmental, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2021 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 2 of 16 pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:  Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.);  The beginning and ending dates of the billing period;  A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;  The amount and purpose of actual expenditures for which reimbursement is sought;  The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 3 of 16 2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. 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 _____________________________. Reimbursable expenses shall not exceed $_____________________. 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 ____. 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 in order to verify costs incurred to that date. Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 4 of 16 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 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 Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 5 of 16 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 Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 6 of 16 activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: 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 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 must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 7 of 16 expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 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, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 8 of 16 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; Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 9 of 16 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 indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 10 of 16 all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 11 of 16 Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 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: Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 12 of 16 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 unless required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted in 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 Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 13 of 16 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 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. Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 14 of 16 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 _________________ ("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 ___________________________ Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 15 of 16 ___________________________ ___________________________ ___________________________ City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 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. The Parties have executed this Agreement as of the Effective Date. Consulting Services Agreement between [Rev:11.14.2016] July 1, 2021 City of South San Francisco and Dysert Environmental, Inc. Page 16 of 16 CITY OF SOUTH SAN FRANCISCO Consultants ____________________________ _____________________________________ City Manager NAME: TITLE: Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney 2729962.1 EXHIBIT A SCOPE OF SERVICES EXHIBIT B COMPENSATION SCHEDULE EXHIBIT C INSURANCE CERTIFICATES [OPTIONAL] 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 #:21-334 Agenda Date:5/26/2021 Version:1 Item #:11. Report regarding a resolution authorizing the City Manager to execute a professional services contract with Zoon Engineering,Inc.of Emeryville,California for construction management and inspection services for the Smart Corridors Expansion Project (Project No.tr2002)in an amount not to exceed $550,700 for a total budget of $633,305. (Bianca Liu, Senior Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute a professional services contract with Zoon Engineering,Inc.of Emeryville,California for construction management and inspection services for the Smart Corridors Expansion Project (Project No.tr2002)in an amount not to exceed $550,700 for a total budget of $633,305. BACKGROUND/DISCUSSION The South San Francisco Smart Corridors Expansion Project is part of the overall countywide traffic management system Smart Corridors project. The Project is not a traditional project where physical roadway improvements are made,but an implementation of traffic management devices that will enable the City,state law enforcement agencies,and fire departments to proactively and cooperatively manage freeway and arterial traffic congestion during major freeway incidents. Intelligent Transportation Systems (ITS)infrastructure improvements fall under four categories:arterial management, incident management, traveler information, and transit management. The Project will extend the San Mateo County Smart Corridors program north to include routes located in the City: Airport Boulevard, Oyster Point Boulevard, Gateway Boulevard, and Grand Avenue. Attachment 1 includes a project location map. The project will also support the overall San Mateo County Smart Corridors program. The Project work includes the installation of: ·Directional (trailblazer) signs ·Fixed closed-circuit television cameras ·Arterial dynamic message signs ·Traffic signal controllers ·Microwave vehicle detection systems ·Fiber optic cable communications connections The design is complete and staff expects to begin construction in the Fall of 2021. Because the project will take place within the South San Francisco city boundary,the City will be the “Implementing Agency”leading the construction phase and administering the construction contract.However, C/CAG will remain as the overall “Project Sponsor”of the Smart corridor project and provide funding for the project. At a regular city council meeting in March of 2021,City Council adopted a resolution accepting state and City of South San Francisco Printed on 5/21/2021Page 1 of 5 powered by Legistar™ File #:21-334 Agenda Date:5/26/2021 Version:1 Item #:11. At a regular city council meeting in March of 2021,City Council adopted a resolution accepting state and county funding to fund the construction phase of the project.Also,during March 2021,staff began soliciting proposals from consultants to provide construction management and inspection services for the project. Attachment 2 includes the scope of services requested. Overview of City’s procurement process The City’s procurement process is governed by both state and local law.In awarding contracts for professional services,equipment and supplies,the City has some latitude.State law requires the City to adopt regulations and policies to govern such service and supplies procurement,but otherwise provides the City flexibility in determining relevant requirements as long as they are consistent with applicable state law.(Gov.Code § 54202.) The City’s purchasing ordinance distinguishes between three primary types of procurement methods as follows: 1.Competitive Bidding for Construction Projects Public projects are specifically defined under the Public Contract Code,and generally involve any construction project that is paid with public funds or those projects involving improvements, demolition,or other work on public property or facility.Public projects are required to be procured through competitive bidding and the City must award the contract to the lowest bidder whose bid complies with all of the City’s solicitation requirements and demonstrates that the bidder is able to perform the work.Under the City’s policy,different levels of competitive bidding are required depending on the dollar limit of the underlying project. For these contracts,cost is generally the sole determining factor,and the lowest responsible bidder is awarded the project even if another bidder appears to be more skilled, but is more expensive. 2.Open Market Procedures for Vendors (Supplies and Equipment) Open Market Procedures is the City’s vendor selection process for purchase of goods,supplies,and professional services. These rules do not apply to, and may not be used for public construction projects. Contracts for the purchase of goods and services that exceed $10,000 require staff to utilize open market procedures.If the contract is $25,000 or less,staff must obtain at least three quotes,which are informal offers to perform work at a stated price.If the contract is greater than $25,000,staff will be required to solicit the project,such as issuing a Request for Proposals (“RFPs”)and obtain at least three written responses. Under this vendor selection process,cost can be only one factor in determining which vendor the City will ultimately select for services,equipment or supplies.This requirement is similarly reflected under SSFMC §4.04.080. Thus,when utilizing the open market vendor selection process,the City is focused on the skill,ability, and expertise of the entity or person to be able to provide the service,equipment or goods to the City. The selection is based on competence,professional qualifications,and overall value to the City with cost being only one factor in the determination of an award.For supplies and equipment contracts that receive federal funding,there are additional requirements that would be imposed as a part of funding or City of South San Francisco Printed on 5/21/2021Page 2 of 5 powered by Legistar™ File #:21-334 Agenda Date:5/26/2021 Version:1 Item #:11. grant acceptance. 3.Open Market Procedures for Architectural and Engineering (A&E) Professional Services For certain professional services such as architectural,engineering,environmental,land surveying,or construction management,the Government Code specifically requires that such services not be awarded solely based on price,but instead based on demonstrated competence.(Gov.Code §4526.)Both the state law provision and the City’s policy reflect the legislative view that when acquiring such services the City does not necessarily receive the best value when it pays the lowest price.(See e.g.California Attorney General Op. No. 94-819 (February 9, 1995)). The Smart Corridors Expansion Project Construction Management and Inspection Professional Services Contract falls under Procurement Type 3 -Open Market Procedures for Architectural and Engineering (A&E) Services General Request For Proposals (RFP) Review Process RFPs are the City’s primary method to procure equipment, materials, supplies, and professional services. Typically, this process consists of the City issuing the RFP for proposals from vendor candidates to demonstrate their qualifications and abilities to provide the City with desired services, equipment/supplies, or other goods. The City’s RFP will contain evaluation and scoring criteria used to rank vendor candidates based on the strength of their proposals. Typical factors include demonstrated knowledge,qualifications,industry reputation,implementation schedule, ease of implementation and cost.Factors not typically considered include the size of the firm and geographic location of the firm (i.e.whether the firm is local,in-or out-of-state),race,sex or gender.However,the City does have the discretion to include geography as one evaluation factor and to select local vendors where the quality and price are equal between local and non-local vendors and federal funds are not used. The City assembles an evaluation panel comprised primarily of City staff and third-party consultants and personnel as necessary,to review and score the proposals,negotiate with the top-ranked candidate,and recommend the selection for City Council approval.Staff will also maintain records of the method of evaluation, final vendor selection and negotiations for a final contract. Once candidates are ranked and a top-ranked candidate is identified,staff will negotiate terms of the contract with that candidate.The final award of the contract is subject to consideration and approval by the City Council.Staff will present the selection recommendation to the Council and prepare a resolution awarding the contract to the recommended candidate.If the Council does not support staff’s recommendation,then it could elect not to take any action on the resolution or contract award,and may instead direct staff to either reconsider the other proposals selected or to re-issue the RFP which may include additional or different selection criteria and qualification requirements. Staff issued a Request for Proposal (RFP)on the ProcureNow website on March 25,2021.To generate interest in the project,staff notified construction management firms of the RFP advertisement.Staff reached out directly to 23 construction management firm contacts from the City’s On-Call List and contacts provided from C/CAG,and 18 firms downloaded the proposal packet.Proposals were due on April 20,2021 and one firm, Zoon Engineering,responded.Staff contacted several firms that did not respond and many stated that they did City of South San Francisco Printed on 5/21/2021Page 3 of 5 powered by Legistar™ File #:21-334 Agenda Date:5/26/2021 Version:1 Item #:11. Zoon Engineering,responded.Staff contacted several firms that did not respond and many stated that they did not have the ITS/Electrical expertise to support this type of project or they did not have the experience with ITS projects. Others noted that they had limited staff availability or were too busy with their current workload. Zoon Engineering’s proposal was reviewed by a panel of four consisting of a Senior Engineer,Deputy Public Works Director, Traffic Signal Supervisor, and C/CAG Program Manager. Members of the panel rated the proposals in the following areas: 1.Qualification of the Firm and Proposed Project Team - Qualifications to complete the required scope of work, and professional references. Technical experience in performing work related to type of services. Technical experience and strength and stability of proposed subconsultants. (40 points maximum) 2.Project Understanding - Understanding of the Project and the ability to meet the City and C/CAG’s objectives and to identify key issues. Methods of approach and work plan. (35 points maximum) 3.Similar Projects and Quality Control - Demonstrated experience with completing similar projects and quality control. Record of completing work on schedule. (15 points maximum) 4.Presentation of a concise and responsive proposal. (10 points maximum) The Zoon Engineering proposal was scored by the panel as follows: Scoring Criteria Points Awarded Points Possible Qualification of Firm and Proposed Project Team 38 40 Project Understanding 31 35 Similar Projects and Quality Control 14 15 Presentation of a concise and responsive proposal 09 10 Total 92 100 Zoon specializes in providing program management,construction management,project controls,and contract administration services on complex ITS infrastructure projects.Attachment 1 includes the project team’s qualifications and experience for reference.Based on the experience,positive references and staffing submitted, the review panel found their qualifications and experience to be applicable to this project. FISCAL IMPACT Adopting this resolution will have no fiscal impact to the City.This project is funded through State and County funding and is included in the City of South San Francisco’s Fiscal Year 2020-2021 Capital Improvements Program (Project No.tr2002).The construction phase includes a total budget of $6,559,000 and the budget for construction management and inspections was estimated to cost $840,000.Additionally,as the project sponsor, C/CAG will also be responsible for any cost overrun. City of South San Francisco Printed on 5/21/2021Page 4 of 5 powered by Legistar™ File #:21-334 Agenda Date:5/26/2021 Version:1 Item #:11. Zoon Engineering of Emeryville, CA $550,700 Contingency (15%)$ 82,605 Total Budget $633,305 RELATIONSHIP TO STRATEGIC PLAN Awarding this contract will contribute to the City’s Strategic Plan outcome of improved Quality of Life by providing traffic relief in the case of an accident along Highway 101 and supporting the overall Countywide Smart Corridors Program. CONCLUSION City staff and C/CAG staff recommend that City Council adopt a resolution authorizing the City Manager to execute a professional services contract with Zoon Engineering,Inc of Emeryville,California for construction management and inspection services for the Smart Corridors Expansion Project (Project No.tr2002)in an amount not to exceed $550,700 for a total budget of $633,305. Attachments: 1.Project Location Map 2.Scope of Services 3.Zoon Engineering Project Team Qualifications and Experience City of South San Francisco Printed on 5/21/2021Page 5 of 5 powered by Legistar™ Attachment #1 Project Location Map Attachment #2: Scope of Services Task 1 –Pre-Construction Services Review project plans, specifications, reports and permits and provide a list of items to the City Project Manager on potential conflicts, constructability issues, value-engineering opportunities and consistency between the plans, specifications and estimates. 1.1 Constructability review of the contract plans, specifications, reports, permits and agreements. Consultant must have familiarity with the Caltrans standards and formatting. • Redlined drawings, specifications and other construction documents • A detailed, written matrix report describing the finding, reviewers estimated level of completion, issues and proposed solut ions, identified by item, page and discipline (civil, electrical, general). • Pictures when reference is made to specific site conditions not covered by the designers or in conflict with construction documents. • A summary report identifying the major issues, deficiencies and solutions, of the plans sheets, specifications, and estimates. • Arrange and attend meetings with the City and designer to review comments. • Coordinate with design consultant for any design services or changes need. 1.2 Review project schedule which includes all notification timelines noted on all permits, agreements, and contract documents. Upon receipt of contractor’s schedule, evaluate and confer with the City regarding workability of the schedule or suggest changes that may improve the schedule. 1.3 Arrange and attend pre-construction meeting 1.4 Review any material related to dispute resolution with contractor’s methodologies, policies, and procedures. Coordinate with the City as necessary. Task 2 – Advertise and Award Advertise the project in accordance with all applicable regulations. 2.1 Utilize the procure now software to assist the City in advertising the subject project. 2.2 Respond to questions concerning the plans, specifications, and estimates prior to bid opening. • Coordinate responses with the City, C/CAG and the City’s design consultant. • Prepare an addendum, as needed. 2.3 Review and evaluate construction bids received and confer with the City 2.4 Assist the City in preparing a presentation and recommendation to City Council to award the construction of the project. 2.5 Provide technical and report writing services, including, but not limited to, conducting research, and completing studies in specific areas. 2.6 Review contractor provided traffic control plans for work within the Caltrans or City’s right of way. Task 3 –Construction Management and Inspection Services During Construction Provide a full-time Resident Engineer to provide construction management for the subject project. Construction management team will utilize City’s e -builder program to manage the project, maintain construction documents, update the city with project status, and process invoices, CCOs, RFIs, progress payments. Responsibilities include but are not limited to: 3.1 Project Coordination and Correspondence • Coordinate with the City Project Manager and various City Departments • Provide bi-weekly updates on construction progress, summarizing key issues, and schedule status in a memo that can be shared with City Departments and City Council • Arrange, lead and attend weekly, o r as necessary, construction contract coordination meetings with the City and the Contractor. This includes preparation of agenda, meeting minutes and tracking of outstanding issues. • Set up and maintain construction project files in e-builder. • Convene pre-construction meetings with the selected civil contractor and subcontractor. • Ensure that the construction of the project is properly coordinated with all stakeholders and community members • Receives and responds to public inquiries, concerns and complaints regarding City construction activities • Coordinate the installation and location of traffic equipment with City staff and Caltrans. 3.2 Follow required City Quality Assurance Plan Procedures. 3.3 Facilitate the City in obtaining any necessary permits for the implementation of this project and ensure that the contractor has secured all construction permits and that permits are kept current throughout the duration of the project. 3.4 Implement and maintain quality control procedures to manage conflicts, insure product accuracy, and identify critical reviews and milestones. 3.5 Perform labor compliance activities 3.6 Recommend approval of subcontractor substitutions. 3.7 Perform office engineering including, but not limited to: developing and processing Contract Change Orders, reviewing shop drawings, calculating pay quantities, and preparing engineering and As-built drawings, preparing calculations, records, reports and correspondence related to project activities, deploying project controls activities, including identifying actual and potential problems associated with the construction project and recommend solutions. 3.8 Schedule Management • Review planned schedule for conformance with the specifications and for reasonableness of the sequence and duration of the activities. • Review work progress as compared to the planned schedule and inform City Project Manager of schedule slippage. Analyze schedule to determine impact of weather and change orders. Obtain from Contractor updates of construction schedule incorporating actual progress, weather delays, and change order impacts. • Provide weekly statement of working days. • Prepare and submit a monthly progress report to City Project Manager describing key issues, milestones, cost status, and schedule status. 3.9 Construction Engineering • Prepare and maintain Resident Engineer’s file review. • Perform all Resident Engineer functions as required in the Caltrans Standard Specifications, project Special Provisions and Caltrans Construction Manual. • Review all project plans, construction contract special provisions, schedule and estimate. • Review and approve Value Engineering Change Proposal (VECP) review and approval. • Review and approve Construction contractor’s water pollution control program and Storm Water Pollution Prevention Plan review. • Review safety plans and ensure a safe work environment. 3.10 Payment recommendations • Review Contractor’s initial schedule of values for reasonableness and ease of monitoring. • Process progress pay estimates and extra work billings. • Determine contract pay quantities and preparation of payment sheets, and submit monthly progress payment requests, analyze differences over amount. 3.11 Requests for Information (RFI) • Review and monitor Requests for Information (RFI) from Contractor. • Review and track responses to RFI related to construction issues. • Review design-related RFI to Design Engineer and copy City Project Manager. • Arrange and attend meetings with City, Design Engineer, Contractor and other parties, as needed, to discuss and resolve RFI. 3.12 Submittal Review • Review and respond to submittals by the Contractor with minimal assistance from the Design Engineers. 3.13 Change Orders • Review ALL change orders related to construction issues based on drawings, specifications, and other design information from Engineer firm. • Help determine whether a requested change order is for work within the Smart Corridor Project scope and critical to overall Smart Corridor operation. Assist Design Engineer as necessary in preparing recommendations to accompany change order documents and forward to City Project Manager for review and approval. • Perform change order analysis, including reviewing: logs of proposed change orders, change order quotations from Contractor, negotiated change order costs, time extensions, processing final negotiated change orders, and effect of approved change orders in progress payment breakdowns. • Evaluate, negotiate, recommend and prepare change orders. 3.14 Claims Management • Establish a dispute resolution process, claims resolution principles, claims avoidance techniques, timeline awareness, risk analysis, and claim report writing. • Review additional compensation claims that are submitted during the construction period and responses. • Assist with claims administration, including coordinating and monitoring claims response preparation, logging claims, and tracking claims status. Task 4 – Construction Observation/Inspection Services Provide full-time inspector and any specialty inspection services, required for the project during construction. Responsibilities include but are not limited to: 4.1 Provide day-to-day on-the-job observation/inspection of work. Inspection shall make reasonable efforts to guard the City against defects and deficiencies in the work of the Contractor and to ensure provisions of the contract documents are being fulfilled; prepare daily inspection reports documenting observed construction activities and files them electronically; take progress photographs and bind and label them; report and document contractors’ operations relative to safety requirements; p rovide oversight on network testing and certification; provide support services for geotechnical and related work as requested; review contractor record drawing markups; punch lists; coordinate with City’s Project Manager for final inspection; and assist with other matters relating to construction of the project. 4.2 Perform material testing services as required per the project special provisions, Caltrans Material Testing Manuals and City’s Quality Assurance Program (QAP); • Source inspection and material approval documentation for all source inspection. • For material requiring inspection required by Caltrans Materials Engineering and Testing Services (METS), coordinate inspections, testing and approvals. • Performing and assisting in performing the duties of a Construction Inspector including civil, electrical, landscape, structural, and utility construction engineering. This work includes, but is not limited to, performing quantity calculations, checking grade and alignment, materials sampling and control, coordinating scheduling, reviewing certified payroll, conducting labor compliance interviews, and any other task. • Providing materials sampling and testing required by the Project. • Performing and assisting in performing materials and/or product manufacturing inspection in the field or at the manufacturer’s plant location. This work includes, but is not limited to, verifying the materials and/or products conform to the plans, specifications, material tests, and quality control. • Conducting storm water monitoring to comply with Court Orders, permit obligations, and other activities as deemed appropriate. • Preparing and/or ensuring preparation of reports for City, Caltrans, Regional Water Quality Control Board(s) (RWQCB), and other agencies as appropriate. 4.3 Provide specialty inspections and testing in accordance with applicable standards and requirements. This includes but is not limited to geotechnical testing. If deemed necessary, advertise and procure specialty inspection services in accordance with all applicable regulations. 4.4 Issues code violation notices as appropriate. Task 5 – System Testing Oversee systems testing, integration, and implementation support work to ensure a full operational system, including but not limited to: 5.1 Lead all coordination between the civil contractor and system integrator, and also coordination with Caltrans, the City, C/CAG and any other contractors or stakeholders. 5.2 Lead oversight of system integrator’s work, including testing of individual system components, such as: • CCTV Cameras and Systems • Trailblazer Signs (TBS) • Network Switches and Routers • Hardware and Software • Traffic Signal System • Traffic Signal Controllers • Video Image Detection Systems and Cabinets • Fiber Optic and Wireless Communications 5.3 Provide oversight of overa ll network integration, from start to finish. • Though testing may be performed by others, witness tests, confirm that test results are safety certified by the engineer or contractor and files as appropriate, and ensure that integration is fully functional. • Review, oversee, witness and prepare reports on smart corridor system components installed, configured and tested by the Contractor. Task 6 - Post Construction Services (Close Out/Claims) The post construction services task includes project closeout after issuance of substantial completion for the construction Contractor. This task will review punch lists items of remaining work, contract change order, global settlements, dispute resolution, and arbitration meetings. The design consultant will provide project changes to original design documents. Review of final payment. The consultant shall perform final inspection and project acceptance recommendation. In addition, the consultant shall review and sign as-built drawings, including red-lining and mark up. The consultant shall review equipment labeling and asset inventory to ensure thoroughness and completion. The consultant will ensure that equipment inventory and warranty information is accurately and thoroughly documented. Task 7 - Project Management Perform project management tasks including but not limited to: Coordination: 7.1 Consultant shall propose a strategy to mitigate any changes, potential change orders and or time delays before or during project construction. Upon approval from the City, Consultant shall facilitate and administer any necessary change orders. 7.2 Manage and coordinate systems integration work. 7.3 Schedule and lead project coordination meetings bi-weekly or as needed with City staff, C/CAG staff, and other outside staff as necessar y, including preparation of agenda, meeting minutes and tracking of outstanding issues. 7.4 Proactively lead all necessary coordination and provide proactive on-site coordination with stakeholders, including, but not limited to: Caltrans, Pacific Gas & Electr ic (PG&E), and utility service provider. 7.5 Provide a single point of contact to the City and C/CAG. Reporting: 7.6 Prepare and submit to the City and C/CAG a Risk Assessment Report, detailing any potential construction changes, time delays, etc. Update the report, as needed. 7.7 Prepare regular construction updates via memo to inform City Council and outside agencies of construction work. 7.8 Assist the City with grant invoicing and tracking and prepare any grant reporting documentation necessary to complete the project. 7.9 Determine if there will be any potential change orders in the contracts and any delays. Follow the change order procedures established between C/CAG and the City. 7.10 Prepare and submit monthly invoice for construction management and inspection activities along with monthly progress report and description of work. 7.11 Develop final construction management staffing plan and project management plans for the construction and completion of the Project. City of South San Francisco Statement of Qualifications to Provide Construction Management and Inspection Services City of South San Francisco Smart Corridor Expansion Project 1 Legal Name of Firm: Zoon Engineering, Inc. Address: 3960 Adeline Street Suite 3 Emeryville, CA 9468 Web Site: zoon-eng.com Principal-In-Charge: Nabil Hissen, PE Telephone: 925.451.1585 Email: nhissen@zoon-eng.com Size of Firm: 25 employees 5 c. Current size of firm and organization chart of firm, organization chart of team d. Principal in Charge and Project Manager SECTION 1: CONSULTANT INFORMATION, QUALIFICATIONS & EXPERIENCE Zoon Engineering Zoon Engineering was founded in 2008 with the express goal of providing high quality engineering and project management services within a dynamic, flexible and tasked focused organization. Zoon has been involved in several high profile public works projects in California including the Presidio Parkway Reconstruction, New Eastern Span of the San Francisco-Oakland Bay Bridge, Presidio Parkway, Caldecott Tunnel and more recently California High Speed Rail. The firm’s guiding principle is to add value to private entities and public agencies by furnishing high level technical resources and expertise. Our approach combines highly developed engineering and management capabilities with proven problem solving and relationship building skills. Zoon Engineering is a certified Small Business. Zoon specializes in providing program management, construction management, project controls, and contract administration services on complex and sensitive infrastructure projects. We are proud of our excellent track record and reaffirm our strong commitment to protect our clients’ interests. Our success can be traced to our passion and love for what we do and is a direct result of high level technical engineering skills coupled with enhanced interpersonal capabilities. MNS Engineers Established in 1962, MNS is a C-Corporation providing quality infrastructure consulting services to the transportation, water resources, and government service markets throughout California. Specializing in the core services of construction management, civil engineering, and land surveying, MNS' reputation has been built on clear and direct communication and quality services and was further enhanced with the acquisition of S&C Engineers in April of 2018. MNS’ is experienced and knowledgeable in permitting and multi-agency coordination. A leader in construction management and inspection services, MNS offers SMCTA a depth of staff resources and a reputation for success to meet budget and schedule goals. Alta Vista Solutions Alta Vista is a nationally recognized consulting engineering firm that specializes in quality assurance, project management, construction administration, inspection, and testing services for large infrastructure projects. Alta Vista was founded in 2008 in the Bay Area, and now has five major offices and more than 110 professionals throughout California, in addition to offices in New York and Washington. Alta Vista’s approach to working with clients originates from their name; from day one, Alta Vista has differentiated itself by actively looking for the solutions to move projects forward. They understand that throughout construction, challenges will always arise; but rather than allow these challenges to bring a project to a standstill. They have a successfully achieved this goal on a wide range of projects for diverse clients, working on public works projects both in the capacity of Quality Assurance (QA) and project Independent Quality Assurance (IQA), or oversight on behalf of the California Department of Transportation (Caltrans). Together with our partner firms, Zoon’s success can be traced to our passion and love for what we do and is a direct result of high-level technical engineering skills coupled with enhanced interpersonal capabilities. We excel in providing a wide array of services including:  Project Management  Project Management  Construction Management  Construction Management  Project Controls  Project Controls City of South San Francisco Statement of Qualifications to Provide Construction Management and Inspection Services City of South San Francisco Smart Corridor Expansion Project 2 Contracting Agency: Bay Area Infrastructure Financing Authority (BAIFA) Contracting Agency Project Manager: Angela Louie, PE, Project Manager Contracting Agency Contact Information: (415) 778-5203. Contract Amount: $45,000,000.00 (Construction) ; $7,080,000.00 (CM Services) Funding Source: Various Date Of Contract: March 2016 Date Of Completion: December 2020  Claims Management  Claims Management  Source Inspection  Materials Testing We are devoted to delivering success to your endeavor by creating unified teams focused on a safe work environment, effectively resolving project issues, minimizing overall costs, achieving excellent quality, and maintaining timelines and schedule. A representative list of projects similar to the Smart Corridor Expansion Project, completed jointly with MNS over the past 3 years follows (additional MNS projects are included in Appendix B): I-880 Express Lanes Conversion Project, Alameda County, California This Bay Area Infrastructure Financing Authority (BAIFA) funded project proposed to convert existing High Occupancy Vehicle (HOV) lanes to Express Lanes along Interstate 880 from High Street to the SR 237 interchange in both the northbound and southbound directions. The project included installing toll tag readers and FasTrak equipment, traffic monitoring equipment, overhead sign structures and road signage as well as concrete median barrier construction and striping. With a length of over 30 miles along Interstate 880, the project spanned various cities from Oakland, San Leandro, Hayward, Union City, and Fremont. With a construction value $45 million a significant portion of the work was conducted at night in multiple locations concurrently. Construction work began in July 2017 with completion in the end of 2020. Zoon Engineering, supported by our partners MNS, was responsible for pre-construction constructability review and providing construction management during the construction phase through closeout, including performing contract negotiations, RFI responses, managing change orders, submittal review, document control and progress payment processing. Alta Vista Solutions provided Source Inspection and Materials Testing support to the team. Zoon provided full construction management services including resolving and managing contract change orders and potential claims. Zoon was responsible for identifying contractual issues, developing mitigation plans, contractor negotiations, claims avoidance and resolution. I-680 Express Lanes Conversion Project, Contra Costa/Alameda Counties, California This Bay Area Infrastructure Financing Authority (BAIFA) funded project proposed to convert existing High Occupancy Vehicle (HOV) lanes to Express Lanes along Interstate 680 from Alcosta Boulevard to Livorna Road in the northbound direction and from Rudgear Road to Alcosta Boulevard in the southbound direction. The project included installing toll tag readers and FasTrak equipment, traffic monitoring equipment, overhead sign structures and road signage as well as concrete median barrier construction and striping. With a length of over 13 miles along Interstate 680, the project spanned various cities from San Ramon and Dublin in the south to Danville, Alamo, and Walnut Creek in the north. With a construction value of $17 million, a significant portion of the work was conducted at night in multiple locations concurrently. Construction work began in August 2015 and was completed in April 2017. The Express Lane was opened to traffic on October 9, 2017. City of South San Francisco Statement of Qualifications to Provide Construction Management and Inspection Services City of South San Francisco Smart Corridor Expansion Project 3 Contracting Agency: Bay Area Infrastructure Financing Authority (BAIFA) Contracting Agency Project Manager: Peter Lee, PE, Project Manager Contracting Agency Contact Information: (415) 778-6716 Contract Amount: $17,000,000.00 (Construction) ; $1,700,000.00 (CM Services) Funding Source: Various Date Of Contract: July 2015 Date Of Completion: December 2017 Contracting Agency: San Mateo County Transportation Authority (SMCTA) Contracting Agency Project Manager: Joe Hurley, PE, Director Contracting Agency Contact Information: (650) 508-7942 Contract Amount: $325,000,000.00 (Construction) ; $2,500,000.00 (CM Services) Funding Source: Various Date Of Contract: January 2020 Date Of Completion: Ongoing Zoon Engineering, supported by our partners MNS was responsible for providing full construction services on this project including scheduling, managing contract change and potential claims. Zoon staff was responsible for identifying contractual issues, developing mitigation plans, contractor negotiations, claims avoidance and resolution and administering the approval process. US-101 Express Lanes Conversion Project, San Mateo County, California San Mateo County Transportation Authority (SMCTA) proposes to convert existing High Occupancy Vehicle (HOV) lanes to Express Lanes along US-101 from US-101/Embarcadero Road Interchange to the US 101/ Whipple Interchange and construct new express lanes from the US 101/ Whipple Interchange to I-380 Interchange. The project is being delivered using the CM/GC (Construction Manager/General Contractor) approach with Kiewit Pacific having been selected for this work in 2017. The scope of work will includes installing toll tag readers and FasTrak equipment, traffic monitoring equipment, overhead sign structures and road signage as well as concrete median barrier construction and striping. The proposed civil work will be completed via two contracts: the design for the Southern Contract was completed in December 2018 and construction began in April 2019. The design for the Northern Contract was completed in late 2019. And construction began shortly thereafter. Zoon Engineering, supported by our partners MNS, is providing construction management, scheduling, inspection, office engineering, claims management and TSI coordination services on this project. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-336 Agenda Date:5/26/2021 Version:1 Item #:11a. Resolution authorizing the City Manager to execute a professional services contract with Zoon Engineering,Inc of Emeryville,California for construction management and inspection services for the Smart Corridors Expansion Project (Project No. tr2002) in an amount not to exceed $550,700 for a total budget of $633,305. WHEREAS,the South San Francisco Smart Corridors Expansion Project is part of the overall countywide traffic management system Smart Corridors project; and WHEREAS,staff issued a Request for Proposal (RFP)on the ProcureNow website for construction management and inspection services for the Smart Corridors Expansion Project on March 25, 2021; and WHEREAS, proposals were due on April 20, 2021 and one firm, Zoon Engineering, responded; and WHEREAS,Zoon Engineering’s proposal was reviewed by a panel of four consisting of a Senior Engineer, Deputy Public Works Director, Traffic Signal Supervisor, and C/CAG Program Manager; and WHEREAS,based on the experience,positive references and staffing submitted,the review panel found their qualifications and experience to be applicable to this project; and WHEREAS,this project is included in the City of South San Francisco’s fiscal year 2020-2021 Capital Improvements Program (Project No. tr2002) and is funded through State and County funding; and WHEREAS,staff requests the City Council to authorize a professional services contract budget of $550,700.00, with additional $82,605.00 contingency,totaling a professional services contract budget of $633,305.00 for the Project; and 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 for construction management and inspection services for the Smart Corridors Expansion Project (tr2002),attached hereto and incorporated herein as Exhibit A,in an amount not to exceed $550,700 and authorizes a total budget of $633,305,conditioned on Zoon Engineering’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 Manager is hereby authorized to execute the consultant services agreement in substantially the same form as Exhibit A and any other related documents on behalf of the City upon timely submission by Zoon Engineering,Inc.of the signed agreement and all other documents,subject to approval by the City Attorney. City of South San Francisco Printed on 6/11/2021Page 1 of 2 powered by Legistar™ File #:21-336 Agenda Date:5/26/2021 Version:1 Item #:11a. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the associated staff report or resolution,that do not materially increase the City’s obligations. ***** City of South San Francisco Printed on 6/11/2021Page 2 of 2 powered by Legistar™ Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 1 of 19 Attachment #1 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND NAME OF Consultants (for use on Caltrans projects) THIS AGREEMENT for consulting services (“Agreement”) is made by and between the City of South San Francisco (“City”) and _______________ (“Consultant”) (together sometimes referred to as the “Parties”) as of _______________ (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on _______________, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to th e 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 ____________________, 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 Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 2 of 19 shall prevail. City shall pay Consultant for services rendered pu rsuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under thi s 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 inte nded 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 t his Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall conta in 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 pri or 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 nam e of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Co nsultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ▪ The amount and purpose of actual expenditures for which reimbursement is sought; ▪ The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 3 of 19 2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completio n 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 a dditional 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 _____________________________. Reimbursable expenses shall not exceed $_____________________. Expenses not listed above are not chargeable to City. Reimbursable expenses are included in the total a mount 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 ____. 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 C onsultant’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 com pensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 4 of 19 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 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics o n 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 th e 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 tha n 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 C onsultant 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 attac hed 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 perfor m 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, f iling cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 5 of 19 the information in possession of the City. The location, quantity, and time of furnishing those facili ties 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 ag ainst 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 pro visions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self - insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined s ingle 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 sha ll 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 bodi ly and personal injury, including death resulting there from, and damage to property resulting from Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 6 of 19 activities contemplated under this Agreement, including the use of owned and non - owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: 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 expens e, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: 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 must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 7 of 19 expense, any extended reporting provisions of the policy, i f the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 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 covera ge on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all require d 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 e ither 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, can celled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that cov erage 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. Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 8 of 19 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 investigatio ns, 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 end orsements 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 followin g 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; Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 9 of 19 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 indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agen ts, 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 muni cipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employe es, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemn ify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultan t acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or empl oyer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF Consultant. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or bec ome entitled to, and hereby agree to waive any and Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 10 of 19 all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that C onsultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents an d 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. Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 11 of 19 Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and wit hout cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be enti tled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 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 enter ing 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. 8.4.1 Subcontracting A. Nothing contained in this Agreement or otherwise, shall create any contractual relationship between City and any subconsultant(s), and no subcontract shall relieve Consultant of its responsibilities and obligations hereunder. Consultant agrees to be as fully responsible to City for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by Consultant. Consultant’s obligation to pay its subconsultant(s) is an Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 12 of 19 independent obligation from City’s obligation to make payments to the Consultant. B. Consultant shall perform the work contemplated with resources available within its organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by City’s Contract Administrator, except that, which is expressly identified in the approved Scope of Work. C. Consultant shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to Consultant by City. D. Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all the provisions in this contract to be applicable to subconsultants. E. Any substitution of subconsultant(s) must be approved in writing by City’s Contract Administrator prior to the start of work by the subconsultant(s). 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 s hall 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 Consultan t 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 delive r those documents to the City upon termination of the Agreement. It is understood and Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 13 of 19 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 withou t prior written consent of both parties unless required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request o f the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.3.1 Retention of Records/Audit For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the perfor mance of the contract pursuant to Government Code 8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the term of the Agreement and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants (CPA) work papers that are pertinent to the contract and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies th ereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain the provision. 9.3.2 Audit Review Procedures. A. Any dispute concerning a question of fact arising under an interim or post audit of this Agreement that is not disposed of by agreement, shall be reviewed by City’s Finance Director. Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 14 of 19 B. Not later than 30 days after issuance of the final audit report, Consultant may request a review by City’s Finance Director of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this contract. 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 recogniz es 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 t his Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 15 of 19 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 tha t 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 activitie s 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 fore going, 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 _________________ ("Contract Administrator"). All correspondence shall b e directed to or through the Contract Administrator or his or her designee. Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 16 of 19 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 su ch 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 ___________________________ ___________________________ ___________________________ ___________________________ City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and ea ch 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 r esponsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 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, w hich shall be binding upon and effective as to all Parties.. Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 17 of 19 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. 10.16 Cost Principles and Administrative Requirements. A. The CONSULTANT agrees that 48 CFR Part 31, Contract Cost Principles and Procedures, shall be used to determine the allowability of individual terms of cost. B. The CONSULTANT also agrees to comply with Federal procedures in accordance with 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. C. Any costs for which payment has been made to the CONSULTANT that are determined by subsequent audit to be unallowable under 48 CFR Part 31 or 2 CFR Part 200 are subject to repayment by the CONSULTANT to LOCAL AGENCY. D. When a CONSULTANT or Subconsultant is a Non -Profit Organization or an Institution of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply. 10.17 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the total compensation stated in this Agreement; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 10.18 Statement of Compliance. A. Consultant’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. B. During the performance of this Agreement, Consultant and its subconsultants shall not unlawfully discriminate, harass or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (e.g., cancer), age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 18 of 19 Consultants and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code §12990 (a -f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. C. The Consultant shall comply with regulations re lative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 – Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of fed eral assistance will implement and maintain a policy of nondiscrimination in which no person in the State of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance of their assignees and successors in interest. D. The Consultant, with regard to the work, performed by it during the Agreemen t shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment. 10.19 Debarment and Suspension Certification. A. Consultant’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR, Part 180, “OMB Guidelines to Ag encies on Government wide Debarment and Suspension (nonprocurement)”, which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary e xclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any manner involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City. Consulting Services Agreement between [Rev:5.23.2017] DATE City of South San Francisco and _______________ Page 19 of 19 B. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. C. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO Consultants ____________________________ _____________________________________ City Manager NAME: TITLE: Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney 2729962.1 EXHIBIT A SCOPE OF SERVICES EXHIBIT B COMPENSATION SCHEDULE EXHIBIT C INSURANCE CERTIFICATES [OPTIONAL] 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 #:21-353 Agenda Date:5/26/2021 Version:1 Item #:12. Report regarding a resolution approving a one-year extension of a services agreement for the maintenance of the Emergency Standby Generators,480V Utility/Generator Paralleling Switchgear and Cogeneration Engine Generator at the Water Quality Control Plant with Peterson Power Systems in an amount not to exceed $225,000 for fiscal year 2021-22 and authorizing the City Manager to execute the agreement.(Brian Schumacker, Water Quality Control Plant Superintendent) RECOMMENDATION Staff recommends that the City Council adopt a Resolution approving a one-year extension of a services agreement with Peterson Power for the maintenance of the Emergency Standby Generators,480 Volt (V) Utility/Generator Paralleling Switchgear and Cogeneration Engine Generator.The resolution authorizes the City Manager to execute the agreement for fiscal year 2021-22. BACKGROUND/DISCUSSION Two Caterpillar standby generators provide emergency backup power to the Water Quality Control Plant (WQCP).The plant has one 2000 kilowatt (kW),one 1600 kW Caterpillar emergency backup power generators and one Caterpillar Intelligent Switchgear Organization (Cat ISO)utility generator paralleling switchgear.This essential equipment ensures that the treatment plant remains fully functional during periods of utility power interruption. In addition to the two emergency standby generators,the Water Quality Control Plant also generates electricity using a biogas cogeneration system producing up to 400 kW,This cogeneration engine offsets plant utility power costs up to $1,200 per day of operation. Factory certified technicians using specialized training,equipment,and expertise maintain these complex systems to keep them operating reliably. Regulators require the WQCP to utilize the services of Power Generation,Engine Service,and Repair providers for the maintenance of the Treatment Plant backup power generator and cogeneration generators per the WQCP’s contingency plan.Further,the required facilities tools and machine interface equipment required to keep these engines and switchgears operational are cost prohibitive for municipalities to perform in house. On June 27,2018,City Council approved a services agreement for the maintenance of the Emergency Standby Generators,480V Utility/Generator Paralleling Switchgear and Cogeneration Engine Generator with Peterson Power Systems in an amount not to exceed $225,000 annually for fiscal years (FY)2018-19,2019-20 and 2020- 21.Section 8.2 of the signed consulting services agreement and the proposal term section in the 2018 Request for Proposals (RFP)each contain language granting the City of South San Francisco the exclusive option to extend the agreement, with the RFP specifying an additional two (2) one-year terms. To summarize the 2018 staff report,city staff issued a Request for Proposal (RFP)for the maintenance of the Emergency Standby Generators,480V Utility/Generator Paralleling Switchgear and Cogeneration at the Water Quality Control Plant.There was only one responsive bidder:Peterson Power Systems,one provider declined to City of South San Francisco Printed on 5/21/2021Page 1 of 2 powered by Legistar™ File #:21-353 Agenda Date:5/26/2021 Version:1 Item #:12. submit a proposal and two failed to respond in the 14 business days set forth in the RFP. A selection panel made up of the Plant Superintendent,Acting Assistant Plant Superintendent,and Plant Maintenance Supervisor, reviewed the submitted proposal by Peterson Power Systems. Peterson Power Systems is a Power Generation and Engine Service and Repair service provider based in San Leandro,California.They are the sole provider of Caterpillar (CAT)equipment on the West Coast,their staff is experienced with all aspects of Caterpillar engine generators and CAT ISO switchgears.Peterson Power Systems are the authorized Waukesha Pearce Industries (WPI)representative for North America.They provide 24-hour emergency response. They are responsive, qualified and had the lowest cost proposal. Plant staff has reviewed the applicable prevailing wage rates for a Power Generation Mechanic and has confirmed that a Power Generator Mechanic does exist within the State Department of Industrial Relations (DIR) general prevailing wage determinations schedule. A draft amendment to extend the current agreement is attached to the accompanying resolution as Exhibit A. FISCAL IMPACT The approved fiscal year 2021-22 budget includes specific funding for contractor maintenance of Emergency Standby Generators,480V Utility/Generator Paralleling Switchgear,and Cogeneration Engine Generator at the Water Quality Control Plant. RELATIONSHIP TO THE STRATEGIC PLAN The Water Quality Control Plant (WQCP)Division promotes public health and environmental stewardship continuing to fund the maintenance of Emergency Standby Generators,480V Utility/Generator Paralleling Switchgear,and Cogeneration Engine Generator at the Water Quality Control Plant positively affects the quality of life for South San Francisco residents by protecting public health and safety. CONCLUSION Staff recommends that that the City Council adopt a resolution extending a contract to Peterson Power for maintenance of the Emergency Standby Generators,480V Utility/Generator Paralleling Switchgear and Cogeneration Engine Generator for fiscal year 2021-22.Approval of the resolution authorizes the City Manager to execute the agreement. City of South San Francisco Printed on 5/21/2021Page 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 #:21-354 Agenda Date:5/26/2021 Version:1 Item #:12a. Resolution approving a one-year extension of a services agreement for the maintenance of the Emergency Standby Generators,480V Utility/Generator,Paralleling Switchgear and Cogeneration Engine Generator at the Water Quality Control Plant with Peterson Power in an amount not to exceed $225,000 for fiscal year 2021-22 and authorizing the City Manager to execute the agreement. WHEREAS,the Water Quality Control Plant (WQCP)requires reliable and sustainable operation of sophisticated Emergency Standby Generators,480V Utility/Generator Paralleling Switchgears and the Cogeneration Engine Generator in order to maintain compliance with federal and state discharge permits; and WHEREAS, the preceding services agreement for these services ends on June 30, 2021; and WHEREAS,staff solicited requests for quotations from four Power Generation and Engine Service and Repair providers in the San Francisco Bay Area on May 8, 2018; and WHEREAS,Peterson Power Systems of San Leandro,California was selected as the most qualified firm based upon experience, qualifications; and WHEREAS,City Council approved a consultant services agreement with Peterson Power for fiscal years 2018- 19, 2019-20 and 2020-21 per Resolution 106-2018; and WHEREAS,the City Council-approved services agreement grants the City of South San Francisco the exclusive option to extend the agreement; and WHEREAS,the Request for Proposal grants the City of South San Francisco the exclusive option to extend the agreement for an additional two (2) one-year terms; and WHEREAS,city staff recommends that the City Council approve one (1)year extension of a services agreement with Peterson Power in an amount not to exceed $225,000 for FY 2021-22; and NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves a services agreement extension for Emergency Standby Generator,480V Utility/Generator Paralleling Switchgear and Cogeneration Engine Generator services with Peterson Power Systems in an amount not to exceed $225,000 per year for FY 2021-22. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the services agreement extension on behalf of the City upon timely submission by Peterson Power Systems of the signed contract and City of South San Francisco Printed on 6/11/2021Page 1 of 2 powered by Legistar™ File #:21-354 Agenda Date:5/26/2021 Version:1 Item #:12a. all other documents, subject to approval as to form by the City Attorney and, BE IT FURTHER RESOLVED,that the City Manager is authorized to execute any related documents,to make any revisions,amendments,or modifications,deemed necessary to carry out the intent of this Resolution which do not materially alter or increase the City’s obligations thereunder,and subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 6/11/2021Page 2 of 2 powered by Legistar™ FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND Peterson Power Systems, Inc. THIS FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of June 30, 2021 by and between THE CITY OF SOUTH SN FRANCISCO (“City”), a municipal corporation, and Peterson Power Systems, Inc. (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A.On July 01, 2018, City and Contractor entered that certain Consulting Services Agreement (“Agreement”) whereby Contractor agreed to monthly routine maintenance and annual service to Water Quality Control Plant Generators. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A. B.City and Contractor now desire to amend the Agreement. 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 Contractor hereby agree as follows: 1.All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2.Section 1: Term. The June 30, 2021 end date for the term of services identified in Section 1 of the Agreement is hereby replaced with June 30, 2022. 3.Section 2: Compensation. Section 2 of the Agreement shall be amended such that the City agrees to pay Contractor a sum not to exceed Two Hundred and Twenty-Five Dollars ($225,000) for the 2021-2022 fiscal year. The total not-to-exceed amount for the Agreement shall remain at Six Hundred and Seventy-Five Thousand Dollars ($675,000) based on a calculation of $225,000 per fiscal year, with the understanding that up to $315,127.93 has already been paid to Contractor. Contractor agrees the not-to-exceed amounts listed above are the City’s total contribution for payment of costs under the Agreement unless additional payments are authorized in accordance with the terms of the Agreement and said terms of payment are mutually agreed to by and between the parties in writing. 4.Scope of Services. The Scope of Services is amended and attached as Exhibit B to this Amendment. All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE] Dated: CITY OF SOUTH SAN FRANCISCO PETERSON POWER SYSTEMS, INC. By: By: Mike Futrell, City Manager [NAME] Approved as to Form: By: City Attorney 3734638.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-372 Agenda Date:5/26/2021 Version:1 Item #:13. Report regarding a resolution awarding a construction contract to Murphy Industrial Coatings, Inc. of Signal Hill, California for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phase Two and Three for a total construction budget of $1,038,644.40, and authorizing the City Manager to execute agreement on behalf of the City.(Brian Schumacker, Plant Superintendent, and Peter Vorametsanti, Engineering Division Consultant/ Project Manager) RECOMMENDATION Staff recommends that the City Council adopt a resolution awarding a construction contract to Murphy Industrial Coatings,Inc.of Signal Hill,California for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phases Two and Three (Project No. ss1307 & ss1901). BACKGROUND/DISCUSSION This staff report describes the plant and pump station recoating project in three sections.Section One discusses the need for the project.Section Two describes the overall phasing of the recoating project,and finally,Section three discusses awarding Phases Two and Three of the recoating project. Section One -Recoating Project Needs As previously presented to City Council,plant management and structural engineers completed a comprehensive condition assessment of the metal assets at the plant and fourteen pump stations in 2016.The condition assessment included over 1000 individual components,including buildings,structural supports, equipment,electrical boards and wiring,pumps,pipes,valves,and vaults in buildings/process units and pump stations.Staff inspected the assets and evaluated them for their condition,exposure,vulnerability,criticality to operations, and safety. Plant staff worked with structural engineers to rate the overall condition of the metal assets at the plant and pump stations.The WQCP Team then prioritized recoating projects based on the Metal Corrosion Index Rating System (MCIRS).The MCIRS system uses four levels to rate the condition of industrially coated metal assets. A level one rating indicates a metal asset that does not need recoating.Level two rated assets are in fair condition and require a coating reapplication only.While a level three rating designates metal assets exhibiting layers of corrosion byproduct,known as scaling or foliation.Level three rated assets require the most amount of work to recoat,for instance,abrasive blasting and application of a complete recoating system.Finally,level four rated metal assets may have severe corrosion,usually requiring metal replacement.The metal assets inventoried at the plant and pump stations fell in the categories of one through three. On April 24,2019,the South San Francisco City Council voted to invest in an industrial recoating program at the South San Francisco -San Bruno Water Quality Control Plant and related pump stations.This industrial coatings program helps to improve the longevity of wastewater facilities,prolong the useful life of the metal system components, and safeguard critical system safety and reliability. City of South San Francisco Printed on 5/21/2021Page 1 of 3 powered by Legistar™ File #:21-372 Agenda Date:5/26/2021 Version:1 Item #:13. Section Two - Recoating Project Phasing The City retained EKI Environmental (EKI)to develop a multi-year,phased program to recoat Plant and Pump Station facilities.EKI also summarized asset coating by priority (priority one,two,and three)by asset ranking; and conducted a workshop with City staff that resulted in identifying a phased,prioritized approach for Plant and Pump Station coatings improvements.The plant and pump station recoating projects will occur in three phases. Section Three - Phase Two and Three Contract Award Recoating Project Phase One is ninety percent complete. To take advantage of the competitive bid climate,staff advertised a notice inviting bids for Phases Two and Three on March 15 and March 22,2021.Engineering Division Consultants held a mandatory pre-bid meeting on March 25, 2020. Five coatings contractors attended. On April 13, 2021, staff received four bids. Cities award Public Works contracts to the lowest responsible bidder whose bid is responsive to the solicitation (Public Contract Code §20166).The lowest responsible bidder was Murphy Industrial Coatings,Inc.of Signal Hill,California.Staff verified the low bidder’s current contractor license with the California State Licensing Board and found their license to be in good standing.Additionally,Murphy Coatings is currently on-site performing coatings for the large Digester and Wet Weather Improvement Project as a subcontractor.Murphy’s work is satisfactory. The following is a summary of all bids received: Base Bid Amount Murphy Industrial Coatings, Inc. of Signal Hill, California $865,537.00 Euro Style Management, of Highlands, California $1,702,800.00 F.D. Thomas, Inc. of Central Point, Oregon $1,653,259.00 Redwood Painting Co, Inc. of Pittsburg of California `$1,721,476.00 The Engineer’s estimate is $ 2,464,000.00. The project construction budget is as follows: Murphy Industrial Coatings, Inc. Contract $865,537.00 Construction Contingency (20%)$173,107.40 Total Project Construction Budget $1,038,644.40 Staff will use the construction contingency of 20%for any additional costs related to design or construction method changes during the construction operations. There are no Disadvantaged Business Enterprise (DBE)requirements.The City will not be utilizing Federal funds on the project. FUNDING The Sewer Fund funds this project.The project is included in the City of South San Francisco’s Fiscal Year 2019-2020 Capital Improvement Program (Project ss1307 and ss1901)budget with sufficient funds to cover the City of South San Francisco Printed on 5/21/2021Page 2 of 3 powered by Legistar™ File #:21-372 Agenda Date:5/26/2021 Version:1 Item #:13. project cost. RELATIONSHIP TO THE STRATEGIC PLAN Approval will support the City’s Strategic Plan outcome of improved Quality of Life by investing in the conditioned reliable operation of the South San Francisco - San Bruno Water Quality Control Plant. CONCLUSION Staff recommends awarding the construction contract to Murphy Industrial Coatings,Inc.of Signal Hill, California,for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phases Two and Three to improve the longevity of wastewater facilities. Attachments: 1.Vicinity Map 2.Typical Exisiting Conditions City of South San Francisco Printed on 5/21/2021Page 3 of 3 powered by Legistar™ Attachment -1 Vicinity Map Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phase 2 and 3 (Project No. ss1307 & ss1901) WQCP PLANT PS#05 PS#06 PS#07 PS#04 PS#03 PS#08 PS#10 Attachment -2 Typical Existing Condition Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phase 2 and 3 (Project No. ss1307 & ss1901) 3W Pump stations Effluent Fill Drain Pump station Effluent Pump station Main Switchgear Sludge Storage Area Switchgear K1 Transformer K Primary Clarifier Primary Sludge Pump station Pump Station No.03 Pump Station No.04 Pump Station No.05 Pump Station No.06 Pump Station No.07 Pump Station No.10 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-373 Agenda Date:5/26/2021 Version:1 Item #:13a. Resolution awarding a construction contract to Murphy Industrial Coatings,Inc.of Signal Hill,California for the Water Quality Control Plant And Pump Station Coating and Corrosion Protection Project Phases Two and Three (Project No.ss1307 &ss1901)in an amount not to exceed $865,537.00;authorizing a total construction budget of $1,038,644.40;and authorizing the City Manager to execute the construction contract on behalf of the City. WHEREAS,the City of South San Francisco (City)co-owns and operates the South San Francisco/San Bruno Water Quality Control Plant (WQCP),located at 195 Belle Air Road,and Sanitary Sewage Pump Stations that convey and treat wastwater for the Cities of South San Francisco and San Bruno; and WHEREAS,the City implemented a protective coatings program to improve wastewater facilities and prolong the useful life of the system components,meet service expectations and regulatory requirements,and safeguard the system’s safety and reliability; and WHEREAS,Staff completed an asset inventory to prioritize rehabilitation needs based on the comprehensive condition assessment created by engineers in 2016; and WHEREAS,the City engaged EKI Environmental &Water.Inc.to help structure a multi-year,phased program to coat Plant and Pump Station facilities; and WHEREAS,Staff advertised a Notice Inviting Bids for Phase Two and Three on March 15 and March 22, 2021; and WHEREAS, on April 13, 2021, Staff received four bids in response; and WHEREAS,Public Works contracts such as this project are awarded to the lowest responsible bidder whose bid is responsive per Public Contract Code §20166; and WHEREAS,the lowest responsible bidder was Murphy Industrial Coatings,Inc.of Signal Hill,California,with a bid amount of $865,537.00; and WHEREAS,Staff may use a construction contingency of 20%($173,107.40)for any additional costs related to City of South San Francisco Printed on 7/14/2021Page 1 of 2 powered by Legistar™ File #:21-373 Agenda Date:5/26/2021 Version:1 Item #:13a. WHEREAS,Staff may use a construction contingency of 20%($173,107.40)for any additional costs related to design or construction method changes during the construction operations; and WHEREAS, this Project is funded by the Sewer Funds; and WHEREAS,the Project is included in the City of South San Francisco’s Fiscal Year 2020-2021 Capital Improvement Program (Project No.ss1307 &1901)with sufficient funds allocated to cover the project cost; and 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 and incorporated herein,for the Water Quality Control Plant Coating and Corrosion protection Project Phase Two and Three to Murphy Industrial Coatings,Inc.of Signal Hill,California,in an amount not to exceed $865,537.00 conditioned on Murphy Industrial Coatings’timely execution of the Project contract and submission of all required documents,including but not limited to,certificates of insurance and endorsement,in accordance with the Project documents. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes a total Project construction budget of $1,038,644.40 and authorizes the City Manager to utilize the unspent amount of the entire Project,if necessary,towards additional construction contingency and construction management and administration budget. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement in substantially the same form as Exhibit A and any other related documents on behalf of the City upon timely submission by Murphy Industrial Coatings,Inc.of the signed contract and all other documents,subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any other required actions consistent with the intent of this resolution that does not materially increase the City’s obligations. ***** City of South San Francisco Printed on 7/14/2021Page 2 of 2 powered by Legistar™ Exhibit A – Construction Contract CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS TABLE OF CONTENTS Page No. 1. Scope of Work A-1 2. The Contract Documents A-1 3. Equipment - Performance of Work A-2 4. Contract Price A-2 5. Rights of City to Increase Working Days A-2 6. Option of City to Terminate Agreement in Event of Failure to Complete Work A-2 7. Termination of Contract for Convenience A-3 8. Performance by Sureties A-5 9. Hold-Harmless Agreement and Contractor's Insurance A-6 10. Insurance A-6 11. Proof of Carriage of Insurance A-7 12. Provisions Cumulative A-8 13. Notices A-8 14. Interpretation A-8 Attachment A – Escrow Agreement for Security Deposits in Lieu of Retention Page A-1 of 9 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this 26th , day of May 2021, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and Murphy Industrial Coatings, 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 May 26, 2021, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: 1. Scope of Work. Contractor shall perform the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the WATER QUALITY CONTROL PLANT AND PUMP STATION COATING AND CORROSION PROTECTION PROJECT PHASE Two and Three 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: 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 (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 (E) Part III – Special Provisions: Special Conditions and Technical Specifications, including State Standard Specifications dated 2018, sections 10-99, as revised in Revised Standard Specifications (RSS) April 20, 2018 (F) Part IV – Project Plans, approved March 2021 (G) Administrative subsections of the State Standard Specifications dated 2018, as specifically referenced in contract Parts I-IV and as revised in RSS dated April 20, 2018 All rights and obligations of City and Contractor are fully set forth and described in the contract documents. All of the above-named documents are intended to cooperate, so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as “the Contract Documents.” 3. Equipment - Performance of Work. Contractor shall furnish all tools, equipment, apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike manner the Work of general construction as called for, and for the manner designated in, and in strict conformity with, the plans and specifications for said Work entitled: WQCP AND PUMP STATION COATING AND CORRISION PROTICTION PROJECT PHASE – TWO AND THREE PROJECT NO. ss1307&ss1901, BID NO. 2648 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 eight hundred sixty-five thousand five hundred thirty-seven dollar ($865,537.00). 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. Page A-3 of 9 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. 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 Page A-4 of 9 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. (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 Page A-5 of 9 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: (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 Page A-6 of 9 representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX- 7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. 8. Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall 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 Page A-7 of 9 operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (A) The City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15, “Insurance” hereof. (B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 10. Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (A) Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". (B) Comprehensive General Liability Insurance. 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): Page A-8 of 9 (1) Bodily Injury Liability: $ 500,000 per person $1,000,000 each occurrence (2) Property Damage Liability: $ 500,000 each occurrence (D) It is agreed that the insurance required by Subsections B and C, in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. 11. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including 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 Page A-9 of 9 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: ________________________________________________________________________ __ ________________________________________________________________________ __ Page A-10 of 9 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. 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). WATER QUALITY CONTROL PLANT AND PUMP STATION COATING AND CORRASION PROTECTION PROJECT PHASE 2 &3 Project No. ss1307 & ss1901, Bid No.2648 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 Murphy Industrial Coatings, Inc. ,whose address is 2704 Gundry Ave, Signal Hill, CA 90755, 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 Water Quality Control Plant And Pump Station Coating And Corrasion Protection Project Phase -1 in the amount of six hundred ninety-one thousand, one hundred ninety five dollars and seventy nine cents ($865,537.00) dated May 26, 2021 (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. WATER QUALITY CONTROL PLANT AND PUMP STATION COATING AND CORRASION PROTECTION PROJECT PHASE 2 &3 Project No. ss1307 & ss1901, Bid No.2648 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 WATER QUALITY CONTROL PLANT AND PUMP STATION COATING AND CORRASION PROTECTION PROJECT PHASE 2 &3 Project No. ss1307 & ss1901, Bid No.2648 __________________________________ __________________________________ 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 WATER QUALITY CONTROL PLANT AND PUMP STATION COATING AND CORRASION PROTECTION PROJECT PHASE 2 &3 Project No. ss1307 & ss1901, Bid No.2648 __________________________________ __________________________________ 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 #:21-418 Agenda Date:5/26/2021 Version:1 Item #:14. Report regarding a resolution awarding landscape maintenance services agreements to Frank and Grossman Landscape Contractors,Inc.of Hayward,California for citywide right-of-way landscape maintenance services in an amount not to exceed $616,064,and to Gothic Landscaping of San Jose,California for Common Greens landscape maintenance services in an amount not to exceed $792,416 for a twenty-four (24)month term and amending the Parks and Recreation Department’s Fiscal Year 2021-22 and 2022-23 Operating Budgets pursuant to budget amendment # 22.002 (Greg Mediati, Deputy Director of Parks and Recreation). RECOMMENDATION It is recommended that the City Council adopt a resolution awarding landscape maintenance services agreements to Frank and Grossman Landscape Contractors,Inc.of Hayward,California for citywide right-of-way landscape maintenance services in an amount not to exceed $616,064,and to Gothic Landscaping of San Jose,California for Common Greens landscape maintenance services in an amount not to exceed $792,416 for a twenty-four (24)month term and amending the Parks and Recreation Department’s Fiscal Year 2021-22 and 2022-23 Operating Budgets pursuant to budget amendment #22.002. BACKGROUND/DISCUSSION The City of South San Francisco (“City”)currently contracts out for certain specialized landscape maintenance services throughout the city.These specialized contracted services are necessary to keep up with the extensive and varied landscape maintenance responsibilities of the City in order to maintain the City’s safety and aesthetic objectives. The current landscape maintenance contract with Brightview Landscape Services was first entered into in July 2017,and subsequently amended to extend the term of the agreement an additional year,however,this arrangement has existed for many years prior to this contract.The scope of work for the landscape maintenance contract has been modified over the years in order to cover those areas that were added to the City’s maintenance obligations,as well as to modify tasks requested by the City.These specified locations include medians, streets, hook ramps, green spots and Common Green areas. This is the first time the contract has been split by areas of services.One contract encompasses right-of-way (ROW)areas consisting of medians,roadway shoulders,hook ramps,green spots,and trails.The other contract consists of Common Greens areas,which include landscape district areas located between homes in various neighborhoods throughout the city.Structuring the scope of service in this way allows the project to be competitive to smaller landscaping vendors while simultaneously giving the City flexibility to find the most qualified and cost effective contractors for the project.This structure also allows contractors to focus more closely on the areas of service in each contract,and enhances the City’s ability to provide close oversight on the areas of maintenance. Project Scope The Landscape Maintenance Services Project (“Project”)includes all specialized labor,material and tools necessary to maintain all ornamental planting,including,but not limited to lawns,groundcovers and shrubs (trees are excluded);safety zones,drainage facilities,weed control on median hardscapes,poles,posts,wire,City of South San Francisco Printed on 5/21/2021Page 1 of 4 powered by Legistar™ File #:21-418 Agenda Date:5/26/2021 Version:1 Item #:14. (trees are excluded);safety zones,drainage facilities,weed control on median hardscapes,poles,posts,wire, irrigation sprinkler heads,lateral lines up to the valves (not including valves or water mains downstream of the water meter),clocks,and public walkways,including the cost of necessary repairs,replacements,care, supervision,and any and all other items necessary for the proper maintenance and operation thereof.The work does not include repairs and maintenance of lighting systems,gates,benches,railings,homeowner fences, walls, sidewalks and curb and gutter (except weed control). The City’s objectives for this Project include the following: ·Provide high-quality professional landscape maintenance services for various medians,islands,right -of-ways, and Common Greens areas within the City. ·Work in collaboration with the City to identify areas where reduction of maintenance,energy and water can result in an overall cost savings and environmental benefits for the City. ·Work in collaboration with the City to implement these identified strategies within the service areas. ·Help achieve priorities identified in the City’s Strategic Plan. Staff issued a request for proposals (RFP)for both Right-of-Way and Common Greens Landscape Services on March 1,2021.A mandatory pre-proposal meeting was held on March 29,where City staff provided prospective vendors with an overview of each contract and both scopes of work.Representatives from five prospective bidders attended this meeting:Frank and Grossman Landscape Contractors,Brightview Landscape Services,Gothic Landscaping,Diacks Nurseries,and Arborist Now Urban Forestry.On March 12,staff received proposals from three of the five firms noted above.The bids received were from Frank and Grossman Landscape Contractors, Brightview Landscape Services, and Gothic Landscaping. Because of the nature of the services sought,and the specialized knowledge required for plant maintenance, sustainable landscape maintenance practices,integrated pest management,and irrigation system design and analysis,this Project is considered a professional services agreement.Accordingly,the RFP did not state that it would award the contract based solely on the price of proposal,but rather on a number of factors,including the firm’s overall expertise,experience,ability to complete the project within the stated schedule,size of labor force allocated to the Project,and ability to achieve the Project’s objectives.Specifically,the RFP stated the skill and ability of the entity or persons performing the landscaping maintenance services was a key component of the selection criteria and that the City would select a consultant based on the basis of demonstrated competence and on the professional qualifications necessary for the satisfactory performance of the landscaping maintenance services required. Cost was only one factor in determining the selection. Specifically, scoring criteria included: ·Cost of providing the entire scope of work. ·Ability to complete the Project within the stated schedule. ·Consultant's demonstrated experience,reliability and qualifications in completing projects of a similar type. ·Ability to achieve the Project's objectives. ·Size of labor force allocated to this project. A panel of three staff members reviewed and scored the submitted proposals based on the established criteria in the RFP.The scoring panel consisted of Greg Mediati,Parks and Recreation Deputy Director;Joshua City of South San Francisco Printed on 5/21/2021Page 2 of 4 powered by Legistar™ File #:21-418 Agenda Date:5/26/2021 Version:1 Item #:14. the RFP.The scoring panel consisted of Greg Mediati,Parks and Recreation Deputy Director;Joshua Richardson,Parks Program Manager;and Zachary Kust,Parks Supervisor.After reviewing the proposals received, staff conducted interviews for each of the three vendors that submitted proposals. Right-of-Way Landscape Services Taking into consideration both the interview presentation and the overall proposal,staff recommends Frank and Grossman Landscape Contractors to undertake the right-of-way landscape services scope of the project.Frank and Grossman scored highest overall in this portion of the project based on their proposed staffing,project understanding,experience,and price.Additionally,a proposal to perform weed abatement and litter pick up on the recently negotiated BART property along Centennial Trail was submitted as a bid-alternate,valued at $22,872 additional per year,which staff also recommends accepting.Staff chose the lowest bidder,Frank and Grossman,as they had the most staffing hours proposed and demonstrated a great understanding of the scope and ability to meet the City’s needs within the available budget. The following is a summary of all proposals received for the right-of-way scope and the base proposal per month, which does not include any negotiated savings, contingencies, or bid-alt items noted above: Consultant Base Price Per Month Score Frank and Grossman $ 20,430.00 88.33 Gothic Landscape $ 23,950.00 81.33 Brightview Landscape $ 29,126.00 76.00 Common Greens Landscape Services Staff recommends Gothic Landscaping undertake the Common Greens landscape services scope of the project. Gothic Landscaping was ranked highest overall on this portion of the project based on their price,project understanding,staffing,qualifications and expertise,interview,and experience.Staff did not select the lowest bidder nor current contractor,Brightview Landscape Services,because although they came in with the lowest bid,Gothic Landscaping was able to provide more staff within the available budget,as well as ample dedicated equipment and resources to the project for the price proposed.Staff spoke with several of their references and received positive reviews regarding their work product,knowledge,customer service,responsiveness and expertise in the field of large scale landscape maintenance.Additionally,staff was able to negotiate the price of the final contract,reducing the final price by $10,992 annually for use of the storage yard located at Westborough Park. The following is a summary of all proposals received and the base proposal per month,which does not include any negotiated savings, bid-alts or contingencies: Consultant Base Price Per Month Score Frank and Grossman $ 31,982.00 81.70 Gothic Landscape $ 30,600.00 85.30 Brightview Landscape $ 29,151.00 74.70 Staff further recommends that the City Council also approve an additional $80,000 annually in budget authority,split equally between the two vendors,to serve as a contingency fund to cover deferred maintenance improvements to irrigation systems and landscaping within the project areas,or other as-needed landscape work.This contingency is not an additional funding request.Funding for this work is already present in the Parks Division’s existing Minor Maintenance Project Fund.Recent projects that have been accomplished with this contingency fund include the renovations to the medians on Westborough Boulevard from El Camino Real City of South San Francisco Printed on 5/21/2021Page 3 of 4 powered by Legistar™ File #:21-418 Agenda Date:5/26/2021 Version:1 Item #:14. this contingency fund include the renovations to the medians on Westborough Boulevard from El Camino Real to Camaritas Avenue,and on Hickey Boulevard between Junipero Serra Boulevard and Hilton Avenue,and various landscaping projects in the Common Greens areas.Any large-scale projects will be proposed for capital improvement funding outside of this contract and scope of work. FISCAL IMPACT The majority of funding for this project is included in the City of South San Francisco’s General Fund within the Parks and Recreation Departmental Operating Budget,and the various Common Greens funds.Additional annual funding in an amount of $101,100 is requested from the Common Greens funds.$65,940 of this amount was previously budgeted in the last contract,but was not rolled over into the budget for FY2021/22.The balance, $35,160, of this total amount is related to cost escalation and additional maintenance areas. Overall,this configuration will increase the amount of field staff in the contract from a total hours of approximately nine (360 hours weekly)full time maintenance staff currently to nine and a half (380 hours weekly)total staff hours.Staff’s intent is that this increase in staffing,with the new contract structure will improve the quality of service,which the residents of these neighborhoods and the city deserve.This additional funding request will fully be funded by the Common Greens funds and will have no financial impact to the General Fund. RELATIONSHIP TO STRATEGIC PLAN Awarding this project will contribute to City’s Strategic Plan by supporting Priority #3:Quality of Life by enhancing landscape areas that are utilized by residents and increasing the aesthetics of the City as a whole. This project also contributes to Priority #4:Public Safety by keeping areas under the scope of the project clean and free of hazards. CONCLUSION Staff recommends awarding the Right-of-Way Landscape Maintenance Services Agreement to Frank and Grossman Landscape Contractors,Inc.of Hayward,California and awarding the Common Greens Landscape Services Agreement to Gothic Landscaping,of San Jose,California,based on both firm’s cost,qualifications, experience and project understanding.Award of the Landscape Maintenance Services Agreement to both firms will allow for the continued and improved maintenance of the selected areas of the city as defined in the scope of service. Attached: Attachment 1 - Frank + Grossman Proposal Attachment 2 - Gothic Landscape Proposal City of South San Francisco Printed on 5/21/2021Page 4 of 4 powered by Legistar™ 1 | P a g e City of South San Francisco-Right of Way City of South SF Landscape Maintenance Partnership www.frankandgrossman.com 2 | P a g e April, 5 2021 Joshua Richardson Parks Manager South San Francisco Corporation Yard 550 North Canal Street, South San Francisco, CA 94080 I would like to thank you on behalf of Frank and Grossman Landscape Contractors Inc., for inviting us to bid the Right of Way Landscape Maintenance for the City of South San Francisco. Attached is our response which includes all elements of the RFP requirements. Frank and Grossman has extensive experience working in public settings for municipalities, transportation companies, commercial properties and HOAs. Our company provides landscaping services to the City of San Ramon, San Ramon School District, Sutter Health CPMC, Caltrain and many other large Commercial Properties throughout the Bay Area. Frank and Grossman has been maintaining beautiful landscapes in Northern California for over thirty five years. Our mission is to continue partnering with organizations that value quality service while implementing water conservation practices and Bay friendly t echniques. This proposal is valid for 90 days. Thank you again for this opportunity. Sincerely, Rick Oropeza Commercial Division Manager of Landscape & Janitorial Services 3428 Arden Rd, Hayward Ca 94545 T: 510-674-2321 C: 415-828-3946 E: Rick@ frankandgrossman.com 3 | P a g e ATTACHMENT F RECENT LANDSCAPE MAINTENANCE SERVICE CONTRACT WITHIN THE LAST THREE (3) YEARS Company Name and Address Contact Person and Phone Number Type of Work and Square Footage Contract Amount City of San Ramon Brent Scroggs Ph: 925-570-0302 Landscape Maintenance 50 Acres of schools and sports fields $44,495 San Ramon Valley Unified School District Stuart Watson Ph: 925-421-7336 Landscape Maintenance 25+ acres of school grounds and sports fields $ 24,000 CPMC/ Sutter Health Rigo Hurtado Ph: 415-600-2220 Landscape Maintenance 6 campuses in San Francisco $40,004 Tasi – Transit America Services, Inc. Carlos Leon Ph: 408-386-0051 Landscape Maintenance 32 stations from San Francisco to Gilroy $55,897 4 | P a g e CONTRACT LABOR SUMMARY- RIGHT OF WAY Pursuant to the specifications, the following Labor Summary must be completed for the Contract Areas, showing the number of full time positions provided by the Proposer to perform services for the areas. Additionally, the City will evaluate the proposals to ensure that a satisfactory number of positions have been provided for by the Proposer to achieve a high level of landscape maintenance in these areas. This Labor Summary and the selection criteria for award of con tract will be used by the City to select the most responsible Proposer. Designate the number of full time employees that have been included in the proposal for all Contract Areas. Designate the number of personnel employed on the job for 40 hours per week or the number of hours proposed per week for each category below: Proposer’s Proposed Manpower Number of Personnel Hours Per Week 1. First Line Supervisor of Landscaping Workers 1 _____________ 16 _____________ 2. Landscape and Groundskeeping Workers 3 _____________ 120 _____________ 3. Irrigation Technician 1 _____________ 8 _____________ 4. Pesticide Applicator 1 _____________ 16 _____________ Total full-time positions proposed: 4 _____________ 160 _____________ 5 | P a g e IDENTIFICATION OF SUBCONTRACTORS Not less than fifty percent (50%) of the contract work shall be done by the prime contractor. Further, the Contractor shall not, without the consent of the City of South San Francisco, either: (a) Substitute any person or subcontractors in place of the subcontractors designated on his original proposal. (b) Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. Should the Consultant violate any of the provisions of this Identification of Subcontractors form, it shall be deemed a violation of this Agreement, and the City of South San Francisco may cancel the Agreement. Subcontractor Name Location and Place Portion of Work & License Number of Business % of Work N/A _______________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ ________________________________________________________________________ 2302459.1 RIGHT OF WAY Organization and Approach 6 | P a g e Organization and Approach A. Describe the roles and organization of your proposed team for this project. Indicate the composition and number of (ii) project staff, (iii) facilities available, and (iv) experience of your team as it relates to this project. (i) Staff: Rick Oropeza-Division Manager -Oversees all Commercial Accounts, personnel and Finances (Maintenance and Construction) Silvia De Anda- Administrative Client Manager -Manages all Commercial Client contracts and renewals Francisco Jimenez- Operations Manager -Oversees Commercial Division’s Operations and Safety Gaspar Viramontes -Account Manager (Head Supervisor) -Works Directly with Field staff on a daily basis to ensure Quality, Control and contract obligations Jim Van Slyke- IPM Manager -Help asses IPM on client sites and helps create programs that are efficient, effective and sustainable. Souhila Benmayouf- Construction Manager -Heads our construction team by providing our customers designs and solution that are water conscious and low maintenance. Field Crew: 1x Foreman, 2x Crewmen, one floater during growing season, ½ Irrigation tech and a Pesticide applicator. (ii) Number of Key Project Staff: 6 Number of Production Staff: 4 (iii) Facilities: Frank and Grossman has facilities in Hayward, Redwood City, San Jose, Sonoma County and Monterey. We will be using a combination of our Redwood City and Hayward yard for this project. The Frank and Grossman Redwood City Branch is located about 20-25 minutes away from South San Francisco, emissions are greatly 7 | P a g e reduced as travel time to the site is kept at a minimum. We will also be available to quickly respond in emergency situations 24/7, 365 days. (iv) Experience of team: Frank and Grossman has over 35 years of experience working with Landscape throughout the Bay Area. Our team is dedicated to safe, high-quality landscaping practices while also placing an emphasis on sustainability and great customer service. Our team has extensive experience in the public sector and in working on large-scale projects. Our experience with similar projects includes the landscape maintenance for both the City and School District of San Ramon, the Caltrain Corridor and CPMC Campuses. We have been able to smoothly manage these projects and have kept all customers and Residents happy along the way. Additionally, having previously worked for the City of South San Francisco has allowed the Frank and Grossman staff to become very familiar with the Grounds, Irrigation, and City staff expectations. The Frank and Grossman key personal has also grown and developed tremendously since we last served the City. Part of our success is a result of looking inward and working on our deficiencies to become the best partner we can be. B. (i) Describe your project and management approach. (ii) Provide a detailed description of how the team and scope of work will be managed. (iii) Describe how you will address energy efficiencies, your ability to model and to verify energy savings. Our approach is building a partnership from day one, this includes honesty, transparency and continuous communication from the very beginning. We aim for partnering with entities that believe in a Win/Win approach, where the success of all parties is the end goal. Many of our clients have stated that working with F&G is like a breath of fresh air, they enjoy knowing that we are a support system and an extension of their organization that truly cares about the outcome. Our expectation is to have a smooth and successful start. We will be preparing as early as 45 days prior to the start of the contract. This will consist of hiring staff, purchasing equipment and tools, off site and onsite trainings and mock routing. This approach has proven to be successful for both the start of City of San Ramon and the San Ramon School District contracts. Our scheduling is created by our senior operations team. We take the entire scope of a contract and disseminate it to independent tasks while building a custom Agronomic Calendar. We then take the square feet of the entire site and divide into workable chunks. This allows for zoning of the sites that leads to organized and consistent crew performance. 8 | P a g e Our team will carefully follow the scope of work and the detailed schedule set for the landscape maintenance of the City of South San Francisco. This City will be maintained by having 1 maintenance crew for the Right of Way composed of 1Foreman and 2 crewmen. The crew will be given a schedule with the most efficient routing to reduce excessive travel time. Additionally, our staff is always working of being more efficient with their time and clients money. Throughout the course of the contract F&G expects to have conversations about how we can help reduce the amount of work that is required by the existing Landscape and how we can reallocate resources to more Value driven tasks. We love the idea of using mulch for weed suppression and water conservation. This will allow for more time allocation to the detail aspects of the work such as pruning and reducing Safety Hazards from the Landscape. Furthermore, Pre-emergents will play a vital role in reducing the amount of time spent weed whipping and once again allowing for more value to be derived from our labor allocation to the contract. Lastly, we address energy efficiency by education our staff members. We have Bay-Friendly staff that aid in educating other teammates in the most current sustainable practices. We will practice energy efficiency on this project by carefully planning our driving routes to avoid backtracking and excess driving. Moreover, conservation starts by reducing material going to landfill; our company uses a vendor that Recycles all green waste and turns it into compost and/or Cattle Feed for their farm. 9 | P a g e C. (i) Describe the roles of key individuals on the team. Provide resumes and references for all key team members. Resumes shall show relevant experience, for the project’s scope of work as well as the length of employment with the proposing Consultant. Key members, especially the project manager, shall have significant demonstrated ability with this type of project. (i) Key Individuals (Resumes, Experience, and Length of Employment): Rick Oropeza – Director of Landscape Management and Janitorial Services Cell: 415.828.3946 Email: rick@frankandgrossman.com 8 years of experience in landscape industry managing commercial, residential and municipal job sites. Rick oversees all aspects of our landscape maintenance, landscape construction, and janitorial services for Frank and Grossman. He has been with the company for approximately 3 years and has made a vast impact on the business. Currently Rick has 5 Direct reports that he meets with and strategizes with on a daily basis. He has an innate ability to find efficiencies at the job site level that best help the needs of our projects and our clients. He is customer service driven and focused on improving the customer experience. Rick will oversee the South San Francisco Landscape Maintenance services contract and will be one of the primary contacts for the duration of the contract. Rick started his professional career as a Financial Advisor before finding a love for landscaping. He has spent the last 8 years managing commercial, residential and municipal job sites as an acting Branch Manager and Business Development Manager before earning his current role as Director of Landscape Management and Janitorial Services. He is a Bay Friendly Landscaper and past Qualified Water Efficient Landscaper (QWEL). Portfolio examples: City of San Ramon, San Ramon Unified School District, Transit America Services (CalTrain Corridor), City of Gilroy, Kaiser Hospitals, Grace Cathedral, Federal Reserve Bank of San Francisco, California Pacific Medical Center 10 | P a g e Silvia De Anda- Administrative Client Manager Cell: 415-279-9215 Email: Silvia@frankandgrossman.com 5 years’ experience in business development and contracts administrative role in the landscape industry works with commercial residential and municipal clients. Liaison to client and operations ensuring from start to finish all RFP documents, proposals, estimations, and staff are prepared for the project. Silvia has been supporting our Operations team during the last year from the office and ensuring they have all the necessary and relevant information to execute the contracted scope. Francisco Jimenez- Operations Manager Cell: 415-314-2237 Email: Francisco@frankandgrossman.com Francisco has been with our Company for 2 years and in the landscape industry for over 15 years and has steadily worked his way up from being a gardener to foreman, account manager, and now our Operations Manager. He is a master in efficient scheduling, irrigation management, and incentivizing our people to produce everyday. Francisco runs a tight ship that encourages continuing education for his people, safety based operations practices, and producing high efficiency, high quality gardens. He has managed clients that range form HOA’s, residents, apartments, commercial, and municipalities. He will be utilized in the city of South Sanfrancisco to oversee the contractual obligations, scope of work follow through, safety, schedule, and quality of work. He will be a main point of contact for the city employees and will be available on an as needed basis. Gaspar Viramontes -Account Manager Cell: (415)-225-8075 Email: Gaspar@Frankandgrossman.com Gaspar has been with our company for 5 years and approximately 10 years in the Industry. He is a great leader and motivator for our field staff. Gaspar is a very hands on kind of supervisor, when visiting sites you will always find him teaching by demonstration first. Gaspar will be onsite Daily visiting crews and sites. He will be ensuring that crews are on schedule and are abiding by contract scope requirements. 11 | P a g e Jim Van Slyke- IPM Manager Cell: 415-696-6343 Email: JimV@frankandgrossman.com 25 years of experience in landscape industry coordinating, managing and designing for commercial, residential and municipal jobs. Trainings and Certification consist of Bay Friendly, QAL and QWEL. Jim started with Frank and Grossman at the beginning of 2021. Even though Jim is relatively new to our Organization Jim is very familiar with our company. Jim was our point of contact and led the role of Coordinator for the Cityof San Ramon School Parks for 3 years prior to working for our Organization. Jim currently oversees our entire Eastbay operation which includes the City of San Ramon, San Ramon Unified School District and few local HOAs. He currently has a staff of 9 employees that report to him directly. He is responsible for their work, training and safety. Souhila Benmayouf- Construction Manager Cell: 415-470-4224 Email: Souhila@frankandgrossman.com Souhila oversees all landscape construction and extra work for our maintenance department and is an integral part of our success with clients. She has over 10 years of successful business experience as a designer, project manager, and architect within residential/commercial landscape and building industries. Her expertise in the landscape world allows for our team to be very creative with our services and capabilities. She currently manages a team of 6 landscapers who build new, renovate old, and find efficiencies in the landscape that can greatly help clients like San Ramon save water and institute new ideas of landscape management. Souhila will be involved with South San Francisco on all extra work, irrigation renovations and efficiency projects. She partners with Rick and our clients on the day to day operations to help our client’s budget out projects and plan for the future. She will be heavily involved in doing this with the city to ensure that we are looking at the school sites in a futuristic light and to ensure that we have provided the city with a plan that will progress their initiatives. 12 | P a g e Work Methods At Frank and Grossman we prefer to have complete control and autonomy of our client’s properties by ensuring that our employees are continuously overseeing the sites and monitoring site conditions. This mentality not only allows for our employees to maintain the level of control we expect but, we also are able to stay proactive with site conditions and react quickly. We will be employing 1 Crew Manager and 1 Foreman and 2 gardeners to accomplish this. We will also make available an irrigation tech and 3 Enhancement crew members for any extra work required, (mulch, plantings, additional clean ups, etc.). And lastly, we will have 2 alternate employees who are trained and are familiar with the City of South San Francisco, in case someone misses a day. We will be onsite 5 days per week per the below preliminary schedule. Sample Prospective Schedule: Mondays Tuesdays Wednesdays Thursdays Fridays Week 1 -Westborough (Junipero-Olympic Drive) -Westborough (Olympic-Skyline) -Westborough (Camaritas-El Camino) -El Camino Real Median -Forbes BLVD -East Grand AVE -Willow Ave -Gateway BLVD -Hills Side (sister Cities) -Industrial Way -Centenial Way Trail -Chestnut Avenue -Airport BLVD -Gul Drive -Appian Way -SSF Drive Shoulder -Capay Cirle -Callan BLVD -Gateway Mondays Tuesdays Wednesdays Thursdays Fridays 13 | P a g e Week 2 Westborough (Junipero-Olympic Drive) Westborough (Olympic-Skyline) Westborough (Camaritas-El Camino) -Mission Rd -El Camino Real Median -Willow Ave -Hillside BLVD -Oyster Point -Jack Drago -Gus Island -Mitchell -2XGellert BLVD (King- Shannon) -Slopes on Airport Blvd -South Airport BLVD -Junipero Serra (HWY-280) Mondays Tuesdays Wednesdays Thursdays Fridays Week 3 -Westborough (Junipero-Olympic Drive) -Westborough (Olympic-Skyline) -Westborough (Camaritas-El Camino) -El Camino Real Median -Forbes BLVD -East Grand AVE -Willow Ave -Gateway BLVD -Hills Side (sister Cities) -Industrial Way -Centenial Way Trail -Chestnut Avenue -Gul Drive -Elm Court -Capay Cirle -Callan BLVD -Gateway Mondays Tuesdays Wednesdays Thursdays Fridays Week 4 Westborough (Junipero-Olympic Drive) Westborough (Olympic-Skyline) Westborough (Camaritas-El Camino) -Mission Rd -El Camino Real Median -Hillside BLVD N slopes -Oyster Point -Jack Drago -Gus Island -Mitchell -2XGellert BLVD (King- Shannon) -Slopes on Airport -S Airport -Airport BLV Sister Cities -Willow Ave -Randolf -Beach St -Spruce Ave -Hickey BLVD 14 | P a g e Frank and Grossman creates job binders which is what sets the precedent for our staff about quality of service and expectations of each type of service. This binder is our quality assurance program and is continuously updated. It outlines everything to be completed per the scope of work and expectations set with City of South SF. This binder can be provided to City staff as needed. In order to deliver a consistent quality with our Landscape Services, the Operations Manager, sets a schedule to check the work of Landscape crews.. He varies his approach depending on the situation. Typically, he inspects 2-3 times a week. He looks for real attention to details. One approach is to visit the site and check the work after the crew has left. If the Operations Manger sees areas where the work is not up to quality standards, he calls the crew lead to describe the issues and where, and has them raise the quality where the work lacked immediately. Additionally we check the work a second time to ensure that the second service visit addressed the sub-standard work. If it has not been addressed, the Operations Manager will sit down with the crew member to council him/her on what needs to be improved and creates an action plan. Secondly, Frank and Grossman is prepared to communicate in any way necessary for the City of South SF. We are going to be using some reports to ensure that our services are communicated and that both our expectations and the city expectations are continuously communicated effectively. These reports can be fine tuned with the start up meeting and start of service. Frank and Grossman’s management team approaches all aspects of landscape with a “Consider it Done” mentality. When problems arise, complaints happen, or adjustments need to be made, we get it done. Our references can attest to our ability to not make the same mistake twice and that we fix the issues for good. We will receive the subjected issue through our management team, pass it on to our operations team or train our operations team if needed, and complete the task as quickly as possible. A communication can be expected within 1 hour and a solution within 24 hours. Consider it Done. IPM is a tool utilized as a means to accomplish a goal in the least environmentally intrusive manner. In the landscape industry we are requested to engineer solutions to achieve horticultural results. IPM is a management thought process that is utilized in recognition of the environmental parameters that surrounds a particular problem in an effort to define an acceptable solution. These solutions are found by following five principles that allow us to assess the situation, find a solution, and take preventative measures for the future. Five key principles to keep in mind to properly perform up on an Integrated Pest Management Plan: 1. Identify the Pest 2. Monitor the Pests habits, environment, culture, extensiveness of the damage to the location, numbers, and breading habits. 15 | P a g e a. Survey the populations over a period of time while taking notes and logging information that will lead to solutions for the problems. 3. Asses the guidelines for managing the type of pest. a. Based on surveillance of the infestation, conclude what works best for each type of the below actions that can control/eradicate the infestation. 4. Take action using biological, cultural, physical/mechanical, and chemical management tools based upon the prior three conclusions. Course of action also will be determined based upon what has and hasn’t already worked at the location and type of pest. 5. Put in place prevention plans for future pests. Courses of Action Include:  Biological control: Using natural enemies to control a population of pests. predators, parasites, pathogens, and competitors—to control pests and their damage. Invertebrates, plant pathogens, nematodes, weeds, and vertebrates have many natural enemies.  Cultural control: Practices that reduce pest establishment, reproduction, dispersal, and survival. For example, changing irrigation practices can reduce pest problems, since too much water can increase root disease and weeds.  Mechanical and physical control: Practices that kill a pest directly or make the environment unsuitable for it. Traps for rodents are examples of mechanical control. Physical controls include mulches for weed management, steam sterilization of the soil for disease management, or barriers such as gopher wire to reduce rodent traffic in turf areas.  Chemical control: Practices that use pesticides. In IPM, pesticides are used only when needed and in combination with other approaches for more effective, long- term control. Also, pesticides are selected and applied in a way that minimizes their possible harm to people and the environment. With IPM you'll use the most selective pesticide that will do the job and be the safest for other organisms and for air, soil, and water quality; use pesticides in bait stations rather than sprays; or spot-spray a few weeds with notification and posting, instead of an entire area. Sustainability Frank and Grossman Landscape Contractors Inc. is a part of the BayFriendly Coalition/Rescape California, that strives to landscape the bay area in such a way that will be environmentally friendly and self-sustainable. We provide our clients with landscape maintenance and construction by:  Approach installs with California native ideas 16 | P a g e  Use water efficient landscaping ideas. Several of our employees are qualified water efficient landscapers.  Mulch areas to hold water and reduce the need for water  Ability to Use 95% organic fertilizers  Try to use non-toxic/holistic gardening principles before anything else. Especially in Pest and weed management principles.  Practice and advise Clients on the proper weather automated irrigation systems to conserve water and energy.  Cut down on green waste by using mulching mowers when possible.  Practice recycling in the office and in the field. All of our green waste is taken off site to Olivera Greenwaste Recycle.  Management uses gas efficient hybrid vehicles to cut down on used gas and gas emissions.  Restore natural habitats so that California natives can thrive.  Install sheet mulching where new turf areas or large plantings are taking place to replenish the soils nutrients. Also decreases the amount of water evaporated into the air. Water Management Frank and Grossman Landscape Contractors Inc dedicates a great amount of time trying to help our clients save on the amount of water they are using. F&G will attend the San Mateo Countywide Water Pollution Program meetings/workshops 3 x per year, to stay up to date county practices. We have several employees that are Qualified Water Efficient landscapers and Bayfriendly/ Rescape California landscapers who survey our clients properties to save them money and decrease their water budget. We use management tactics such as:  Inspect and manage the water budget with our clients to see exactly what meters are exceeding the water needs. This will pinpoint where water can be saved.  Monthly irrigation inspections to ensure no main lines, valves, lateral lines, heads, or controllers are broken. Broken components can lead to excessive watering.  Installing irrigation systems with smart controllers that study the evapotranspiration in the atmosphere and adjusts water to an as needed basis. Research newest and best technology to find the best and most efficient products.  Install soaker lines and drip tubing to areas that do not need spray heads. Spray heads often times create a lot of excess water usage.  Replace turf areas with California native gardens to cut down on water usage and maintenance needs.  Increase shade planting so that less evaporation will take place in the planted areas. If the ground stays saturated, water can be turned down. 17 | P a g e Safety Frank and Grossman Landscape is dedicated to providing its employees with a safe and healthy working environment. We employee a full time safety officer that inspects the working environment of all our projects on a quarterly basis. He ensures that we are meeting all codes and regulations needed to operate safely. Frank and Grossman also provides weekly safety and landscaping training to all of our employees that meet OSHA working standards and California Landscape Contractors Association requirements. We also will be dedicating our foreman to ensuring that all safe practices and standards are met on a daily basis when on the grounds. These practices include but are not restricted by:  Meeting the Minimum CalTrans Safety standards presented in Caltrans Maintenance Manual, Chapter 8-Protection of Workers.  Ensuring that when lanes are not closed (less than 20 min), we have a dedicated look out with a warning device that watches for oncoming traffic. We also will install temporary signage and wear the proper safety apparel that warns traffic about our presence. Ensuring that when lanes are closed (greater than 20 min), we have the proper safety devices that warn traffic about the lane closure. The proper signage and safety apparel will be used when shutting down lanes. 18 | P a g e ATTACHMENT A SERVICE AREAS AND LITTER PICKUP FREQUENCIES Perform the scope of work for LANDSCAPE MAINTENANCE SERVICES in place, and in accordance with the Service Areas and Litter Pickup Frequencies below, and with the Standard of Services (Attachment C). See key below for notes. In the event of a conflict in or inconsistency between the terms of this Attachment and the Standard of Services (Attachment B), the Standard of Services shall prevail. BID ITEM DESCRIPTION FROM TO LITTER PICKUP SERVICE FREQ. IRRIG. TYPE NOTES MONTHLY RATE ANNUAL COST 1 Callan Boulevard Carter Drive Westborough Boulevard 26 M $ 572 $ 6,860 2 Capay Circle / Lomitas Ave. Cuesta Drive Verano Drive 26 M $ 332 $ 3,979 3 Chestnut Avenue El Camino Real Mission Road 26 A $ 480 $ 5,762 4 Chestnut Avenue Hillside Boulevard Grand Avenue/Aldengate Dr. 26 A A $ 57 $ 686 5 East Grand Avenue Airport Boulevard Gateway Boulevard 26 A B $ 343 $ 4,116 6 El Camino Real medians & shoulders Hickey Boulevard Noor Avenue 52 A C $ 1,932 $23,185 7 Gellert Boulevard King Drive Westborough Boulevard 26 A $ 572 $ 6,860 8 Gellert Boulevard Westborough Boulevard Shannon Drive 26 A,M D $ 332 $ 3,979 9 Mission Road Chestnut Avenue Oak Avenue 26 A E $ 514 $ 6,174 10 Mitchell Avenue South Airport Boulevard W/O S.P.R.R. 26 M F $ 343 $ 4,116 11 South Airport Blvd. medians S.P.R.R. Underpass Beacon Street southern most intersection 26 N G $ 354 $ 4,253 12 Westborough Boulevard Median 800' E/O Junipero Serra Blvd. Olympic Drive 52 A $ 1,086 $13,033 13 Westborough Boulevard Median Olympic Drive Skyline Boulevard 52 N H $ 560 $ 6,722 14 Westborough Boulevard Median 515’ W/O Camaritas Avenue El Camino Real 52 A I $ 229 $ 2,744 15 Elm Court Tamarack Ln. Park Way 12 M J $ 160 $ 1,921 16 Forbes Boulevard Medians E. Grand Ave. Allerton 26 M $ 252 $ 3,018 19 | P a g e BID ITEM DESCRIPTION FROM TO LITTER PICKUP SERVICE FREQ. IRRIG. TYPE NOTES MONTHLY RATE ANNUAL COST 17 East Grand Ave. Medians Gateway Blvd. Littlefield Ave. 26 A,M $ 229 $ 2,744 18 Hillside Blvd. Chestnut Ave. Dolores Way 12 A K $ 114 $ 1,372 19 Willow Avenue Dolores Way Estate Ct. 26 A $ 114 $ 1,372 20 Gateway Boulevard E. Grand Ave. Mitchell Ave. 26 A $ 343 $ 4,116 21 Airport Blvd. medians, shoulders and hook ramps Sister Cities Blvd. Brisbane City limits 12 A,N $ 252 $ 3,018 22 Airport Blvd. median, sidewalks, and tree wells Sister Cities Blvd. South to S.P.R.R. underpass 26 A $ 366 $ 4,390 23 Slopes on Airport Blvd. 2nd Lane (including south side) South Airport Blvd. 12 N L $ 171 $ 2,058 24 Hillside Blvd/Sister Cities Blvd Lincoln St. Airport Blvd 26 A M $ 1,029 $ 12,347 25 Industrial Way 101 Grand Ave Exit Planted area at end of Industrial Way 26 N N $ 926 $ 11,112 26 Hillside Blvd. N. Slope at end of school fence East to backflow control valve 12 N $ 423 $ 5,076 27 Randolph Ave slope/valley gutter Highland Ave. Airport Blvd. 12 A,N O $ 686 $ 8,231 28 Beech St. median Spruce Ave. Larch Ave. 12 N P $ 91 $ 1,098 29 Spruce Ave. median Maple Ave. Park Way 12 N Q $ 69 $ 823 30 Hickey Blvd. El Camino Real Daly City limits 12 A R $ 857 $ 10,289 31 Oyster Pt. Blvd. median Airport Blvd. Marina Blvd. 26 A $ 366 $ 4,390 32 Jack Drago Park E. Grand Ave. Gateway Boulevard 26 A S $ 686 $ 8,231 33 “Gus' Islands” on Airport Blvd. Grand Ave. Miller Ave. 26 A $ 171 $ 2,058 34 Centennial Way / Trail San Bruno BART South San Francisco BART 26 A T $ 2,287 $ 27,438 35 Junipero Serra Hwy-280 Avalon entrance SSF Sign approx.. 90’ Northwest of Hickey Island 12 N U $ 2,287 $ 27,438 36 Gull Drive Oyster Point Blvd End of culvert approximately 220’ before Forbes Blvd 2 N V $ 343 $ 4,116 20 | P a g e BID ITEM DESCRIPTION FROM TO LITTER PICKUP SERVICE FREQ. IRRIG. TYPE NOTES MONTHLY RATE ANNUAL COST 37 Appian Way Median Westborough Boulevard Shannon Dr. 12 A $ 332 $ 3,979 38 SSF Drive Shoulder Mandalay Place 120’ before Woods Circle 4 N W $ 171 $ 2,058 TOTAL BID PRICE $ 20,430 $245,160 Key to Service Area Notes: Service Frequency: Minimum frequency of litter removal. 2 Biannual Service (2 times per year) 4 Quarterly Service (4 times per year) 12 Monthly Service (12 times per year) 26 Bi-weekly Service (26 times per year) 52 Weekly Service (52 times per year) Irrigation Type: Type of control system. A Automatic. Irrigation schedule shall be coordinated with the City. M Manual. Contractor shall be responsible for turning system on and off as required for proper irrigation. N No irrigation system. City will provide water wagon service as requested by contractor. Other Notes: A. Side median landscaping on west side (adjacent to subdivision boundary wall) from Hillside to Livingston Place to Street Light #3550; side median landscaping on east side (adjacent to subdivision boundary wall) from easement gate (near Street Light #4234) to Treeside Court to Street Light #4230; west roadside landscaping from Street Light #4229 to Grand Avenue (adjacent to subdivision boundary wall), which continues along Grand Avenue to Aldengate and includes both east and west roadside landscapes at the Aldengate entrance. Includes eastern hillside from Sunset Ave to Hillside Blvd from roadside to header board below homes. B. Area includes median islands and roadside landscaping; includes “bomanite” concrete side median along Dubuque which extends along E. Grand Avenue for 200 feet. (area is adjacent to 101 highway boundary fence) C. Area includes median islands, intersection islands at Hickey Blvd., and weed abatement along a 10’ wide easement from shopping center driveway on west side of El Camino Real extending 525’ to grey retaining wall; west side of El Camino Real from El Camino Real staircase across from Bart Way to Arroyo Drive, including triangular area between El Camino Real and Del Paso Drive. Also includes west side shoulder from Brentwood to San Bruno City limits (along wooden retaining wall). D. Area includes median islands plus roadside landscaping on east side, adjacent to subdivision boundary wall. 21 | P a g e E. Area includes median islands and park-like area between Mission Rd. and Colma Creek including shrubs extending to Mission Road entrance of Centennial Trail. F. Roadside landscaping adjacent to Colma Creek as well as medians at South Airport Blvd. G. Area includes median and hardscape islands and intersection islands at Produce and San Mateo Avenues. H. Area includes median islands. I. Area includes median landscaping from end of guard rail west of Camaritas Avenue to El Camino Real. Also includes two (2) triangular islands on north side of Westborough Blvd. at Camaritas Avenue. J. Includes median on Elm Court as well as easement extending from Elm Court to Palm Ave. Between addresses 505 and 509 on Elm Court; 569 and 573 on Palm Ave. K. Area includes roadside landscaping on south side adjacent to subdivision boundary wall. L. Area contains slope on west side of Airport Blvd from 2nd Lane to S.P.R.R. underpass also contains walk way between Village way and Airport Blvd; includes slope on south side of Airport Blvd from S.P.R.R. underpass to South Airport Blvd. Maintenance includes weeds in sidewalks on both sides. M. Area includes center and side medians for entirety of road from Lincoln Blvd. to Airport Blvd. Includes an 8’ easement on north shoulder from Airport Blvd to SSF Drive past bus stop across from Jefferson Street. Includes weed abatement and shrub clearance adjacent to sidewalks and roadway. Includes median on SSF Drive between Sister Cities Blvd and Mandalay Place N. Area includes full length of Industrial Way from Grand Ave to end of road at parking lot. Includes land on northwest side of road between railroad fence and curb, as well as southeast side of road approximately 10’ into landscaping as measured from curb edge. O. Area includes upslope towards Sister Cities Blvd guard rail and sound wall to keep valley gutter clear; includes round-about landscape area at the corner of Sister Cities and Airport Blvd; requires weed abatement 3 times per year and/or additional as requested for fire prevention. Larger debris removal required as needed throughout this area. P. Entire median extending from Spruce Ave to Larch Ave. Q. Two (2) ivy covered medians between Maple Ave and Park way R. Area includes center median islands from Hilton Ave. to Daly City border, as well as two porkchops at intersection of Hickey and Junipero Serra. Includes south side of road from Crown Circle to Junipero Serra as well as north side of road from Hilton Ave through bend till backflow along Junipero Serra Blvd. Areas extend from road edge to residents back fence 22 | P a g e S. Large park like area on E. Grand Ave. between Grand Ave and Gateway Blvd. Includes small “pork chop” island at Grand Ave and E. Grand Ave. T. Area includes weed abatement in open space between Orange Ave. and S. Spruce Ave. Rest of trail includes weed abatement 10’ on east and west sides of walking path except area adjacent to dog park where weed abatement and trimming occurs to fence lines on both sides of path; includes shrub maintenance at plazas on Huntington Ave, lawn and shrub area on south side of S. Spruce entrance, plaza entrance on north side of S. Spruce, plazas at Orange Ave, dog park entrance, Antoinette entrance, Mission road entrance, and SSF BART entrance. U. Area includes east and west sides of road extending to resident’s fence line where brush does not impeded access. Also includes median islands at Junipero Serra & King Drive, all hardscape island tips, small concrete islands on east side of Junipero Serra at Westborough. Includes all median islands and corners at Avalon Drive and Junipero Serra as well as medians on Avalon Drive from Valverde Drive to Waverly Court. Also includes east side of off-ramp from Avalon Drive to end of turn out area. Weed abatement required in this area 2-3 times per year. Application of herbicide and pre- emergent is required for these areas. V. Weed abatement and litter pick up on west side of road from end of culvert, north to Oyster Point Blvd. Area extends to top of ridge and clearance around vent tubes at top of hill. W. Area includes median island between Sister Cities Blvd and SSF Drive near Mandalay Place. 23 | P a g e ATTACHMENT B ADDITIONAL SERVICES AS NEEDED This attachment serves to dictate price per service (weed abatement and trash pick-up only) in each area listed below. These prices will be used to award additional work as determined by the Director, Parks Manager, or representative for the City. The City will pay the proposed price for each additional maintenance service requested and service in each area may be request ed multiple times. If service is not deemed acceptable or adequate to the standards detailed in the Landscape & Right Of Way Standard of Services (Attachment C), the City holds the right to withhold payment until standards are met. BID ITEM DESCRIPTION FROM TO Rate Per Weed Abatement Occurrence Rate per Trash Pickup Occurrence 1 Callan Boulevard Carter Drive Westborough Boulevard $ 286 $ 143 2 Capay Circle / Lomitas Ave. Cuesta Drive Verano Drive $ 166 $ 83 3 Chestnut Avenue El Camino Real Mission Road $ 240 $ 120 4 Chestnut Avenue Hillside Boulevard Grand Avenue/Alden gate Dr. $ 29 $ 14 5 East Grand Avenue Airport Boulevard Gateway Boulevard $ 171 $ 86 6 El Camino Real medians & shoulders Hickey Boulevard Noor Avenue $ 966 $ 483 7 Gellert Boulevard King Drive Westborough Boulevard $ 286 $ 143 8 Gellert Boulevard Westborough Boulevard Shannon Drive $ 166 $ 83 9 Mission Road Chestnut Avenue Oak Avenue $ 257 $ 129 10 Mitchell Avenue South Airport Boulevard W/O S.P.R.R. $ 171 $ 86 11 South Airport Blvd. medians S.P.R.R. Underpass Beacon Street southern most intersection $ 177 $ 89 12 Westborough Boulevard Median 800’ E/O Junipero Serra Blvd. Olympic Drive $ 543 $ 272 13 Westborough Boulevard Median Olympic Drive Skyline Boulevard $ 280 $ 140 14 Westborough Boulevard Median 515’ W/O Camaritas Avenue El Camino Real $ 114 $ 57 15 Elm Court Tamarack Ln. Park Way $ 80 $ 40 24 | P a g e BID ITEM DESCRIPTION FROM TO Rate Per Weed Abatement Occurrence Rate per Trash Pickup Occurrence 16 Forbes Boulevard Medians E. Grand Ave. Allerton $ 126 $ 63 17 East Grand Ave. Medians Gateway Blvd. Littlefield Ave. $ 114 $ 57 18 Hillside Blvd. Chestnut Ave. Dolores Way $ 57 29 19 Hillside Blvd. Chestnut Ridgeview $ 57 $ 29 20 Willow Avenue Dolores Way Estate Ct. $ 57 $ 29 21 Gateway Boulevard E. Grand Ave. Mitchell Ave. $ 171 $ 86 22 Airport Blvd. medians, shoulders and hook ramps Sister Cities Blvd. Brisbane City limits $ 126 $ 63 23 Airport Blvd. median, sidewalks, and tree wells Sister Cities Blvd. South to S.P.R.R. underpass $ 183 $ 91 24 Slopes on Airport Blvd. 2nd Lane (including south side) South Airport Blvd. $ 86 $ 43 25 Hillside Blvd/Sister Cities Blvd Lincoln St. Airport Blvd $ 514 $ 257 26 Industrial Way 101 Grand Ave Exit Planted area at end of Industrial Way $ 463 $ 232 27 Hillside Blvd. N. Slope at end of school fence East to backflow control valve $ 212 $ 106 28 Randolph Ave slope/valley gutter Highland Ave. Airport Blvd. $ 343 $ 171 29 Beech St. median Spruce Ave. Larch Ave. $ 46 $ 23 30 Spruce Ave. median Maple Ave. Park Way $ 34 $ 17 31 Hickey Blvd. El Camino Real Daly City limits $ 429 $ 214 32 Oyster Pt. Blvd. median Airport Blvd. Marina Blvd. $ 183 $ 91 33 Jack Drago Park E. Grand Ave. Gateway Boulevard $ 343 $ 171 34 “Gus' Islands” on Airport Blvd. Grand Ave. Miller Ave. $ 86 $ 43 25 | P a g e BID ITEM DESCRIPTION FROM TO Rate Per Weed Abatement Occurrence Rate per Trash Pickup Occurrence 35 Centennial Way / Trail San Bruno BART South San Francisco BART $ 1,143 $ 572 36 Junipero Serra Hwy-280 Avalon entrance SSF Sign approx.. 90’ Northwest of Hickey Island $ 1,143 $ 572 37 Gull Drive Oyster Point Blvd End of culvert approximately 220’ before Forbes Blvd $ 171 $ 86 38 Appian Way Median Westborough Boulevard Shannon Dr. $ 166 $ 83 39 SSF Drive Shoulder Mandalay Place 120’ before Woods Circle $ 86 $ 43 26 | P a g e Attachment C Bid-Alternative for Additional Property This attachment is for an additional scope of work for properties that the City may choose to activate for service throughout the life of the contract, but is not included or guaranteed in the base bid for areas dictated by Attachment A. The scope of this work includes weed abatement and litter pickup, and some additional services listed in the “notes” section of this document, on additional portions of bid item number 35 “Centennial Way/Trail”, in Attachment A. These areas are separated from “Item 35” due to property ownership and are viewed independently from the parcel as a whole. The properties are depicted in the maps below with designations of Section A, Section B, Section C, and Section D. Table of Contents 1. Maps of Additional Properties a. Map of Section A and Section B b. Map of Section C and Section D 2. Monthly and Annual Rates of Service 3. Notes 27 | P a g e 1. Maps of Additional Properties A. Satellite view and parcel view maps of BART properties. (Section A and Section B) 28 | P a g e B. Satellite view and parcel view maps of BART properties. (Section C and Section D) 2. Monthly and Annual Rates for Service 29 | P a g e Estimates are to be calculated based on a monthly service. The scope of work for each area is detailed in the notes associated with each area and the price should be based on these tasks accordingly. Bid Item Description From To Notes Monthly Rate Annual Rate Section A BART Plaza across from SSF BART El Camino Real BART Drop- off area a, b $1,006 $12,072 Section B Property Adjacent to Centennial Trail SSF BART Mission Road Bridge a $1,200 $14,400 Section C Drainage ditch on Northwest side of trail Spruce Ave 500’ down Centennial Trail a $252 $3,024 Section D South west Property adjacent to Centennial Trail PUC Structure Start of chain link fence for USPS a $1,200 $14,400 Total Base Bid $3,658 $43,896 3. Notes: a. Scope of service includes weed abatement, herbicide application, and litter pick-up per the standards defined in Attachment D: Landscape & Right of Way Standard of Services b. Area requires pressure washing of hardscape areas bi-annually and/or as needed when deemed necessary by the City. Area also includes maintenance of landscaped planters, trash receptacles, and graffiti abatement. c. This area is separate only in parcel delineation from the rest of Centennial Trail, but maintenance would be consistent with the rest of Centennial Trail as described in Attachment A. 30 | P a g e Equipment and Materials Our employees will be using the following equipment list to accomplish the tasks outlined in the scope of work:  (1) Ford F150 w/12’ Trailer  (1) Exmark 30” Lawn Mower  (1) Truck Mounted Sprayer  (Arrow Board, TTC Signs and Equipment)  Each Truck will be equipped with small equipment necessary to perform all services o Backpack Blowers o Hedge Trimmers o Edger’s o String Trimmers o Pole Saw o Hand tools All Materials to be used such as Fertilizers, Herbicides and Pesticides will be those approved by the City of South SF. Materials to be Used  Herbicides  Pesticides  Fertilizers  Pre-Emergents  Irrigation Parts (in contract work)  Trash Bags Horticultural Program Management Services REQUEST FOR PROPOSAL: LANDSCAPE MAINTENANCE SERVICES Common Greens THE CITY OF SOUTH SAN FRANCISCO April 5, 2021 Gothic Landscape Maintenance Division Table of Contents  Section 1. Introductory Letter/ Executive Summary  Section 2. Consultant Information, Qualifications, and Experience  Section 3. Organization and Approach  Section 4. Description of Work  Section 5. Exhibit A Proposal Sheet  Section 6. Contract Agreement  Additional Submittals • COVID-19 Jobsite Safety Plan • Encouraging Quality Employees April 5, 2021 Joshua Richardson, Parks Manager South San Francisco Corporation Yard 550 North Canal Street, South San Francisco, CA 94080 RE: RFP for LANDSCAPE & RIGHT OF WAY MAINTENANCE SERVICES Dear Joshua and City of South San Francisco: Thank you for the opportunity to provide our professional proposal for Landscape Management Services for the Landscape and Right of Way Maintenance areas within the City of So. San Francisco. The following documents will demonstrate our qualifications and expertise to achieve your landscape care goals. We are confident we can provide exceptional service in additional to the following key highlights:  Depth of expertise and resources at all program levels, including but not limited to: Horticultural Services, Water Management, Tree Care and Sustainable Solutions, mixed with culture of personable service.  Innovative and adaptive ideas/ solutions to manage the ecological, aesthetic, and economic needs of the City’s Landscape i. If Gothic Landscape is selected as your landscape service provider, we agree to enter into a contract under the terms and conditions as prescribed in “Attachment E-SSF Consulting Services Landscape Agreement,” and will adhere to all scope of work items listed in the RFP. ii. Gothic Landscape Maintenance Division:2520 Pulgas Ave. East Palo Alto Key Contact-Ryan Ferrara, 408-332-3545 ryan.ferrara@gothiclandscape.com iii. Gothic Landscape Maintenance Division – A California Corporation iv. Gothic Landscape Maintenance Division (legal entity, signing and executing agreement) v. We have received and reviewed all RFP documents including: Scope of work, RFP requirements, all exhibits and attachments, site maps and all addenda items. vi. We acknowledge and confirm the validity of this proposal and its content and will honor all items including pricing structure for 90 days from April 5, 2021 vii. Gothic Landscape Maintenance Division is not a signatory contractor to any union We appreciate you considering Gothic Landscape for this opportunity and look forward to the potential of partnering with you and the City of South San Francisco as your landscape service provider. If you should have any questions, please feel free to contact any of us. Sincerely, Ryan Ferrara Marlene Barneveld Strategic Growth Manager-CA Regional Manager-Northern California Gothic Landscape Maintenance Gothic Landscape Maintenance M 408.332.3545 M. 650.243.7911 Ryan.Ferrara@gothiclandscape.com marlene.barneveld@gothiclandscape.com Company Overview GOTHIC IS DRIVEN BY AN INTENSE PASSION FOR CLIENT SATISFACTION. Overview Gothic has remained a family-owned and operated company since its inception in 1984. The name “Gothic” derives from Gothic Avenue in the San Fernando Valley of Los Angeles where the Georgio family lived when the company was started. Gothic now operates full-service branches throughout California, Arizona, Nevada. Today, our extended family includes thousands of dedicated landscape professionals who are committed to quality, safety, and respect for the environment. Company Overview-QUICK Facts • Largest privately held landscape company in the Nation • Total # of Employees- 2,500+ • Branch Locations throughout California, Arizona & Nevada • 36 years in business • Contractor’s License Number- CA Class C27: 873902 • Certified and experienced professionals on staff- currently (58) CLT (certified landscape Technician)– recognized by the NALP as being in the top 6%nationwide in this certification, CLIA – 8, LEED – 12. • California Experience Modification Rate: .95 • Average employee tenure o Management- 18 years o Field Level- 13 years • 95% Client retention throughout maintenance division • Construction client satisfaction is averaging 9.63 out of 10 Company Info: Name: Gothic Landscape Address: 2520 Pulgas Ave. East Palo Alto Phone Number: 661-678-1400 Website: www.gothiclandscape.com CA Contractors License-C27-873902 Federal Tax ID- 56-239932 ATTACHMENT F RECENT LANDSCAPE MAINTENANCE SERVICE CONTRACT WITHIN THE LAST THREE (3) YEARS Company Name and Address Contact Person and Phone Number Type of Work and Square Footage Contract Amount Hudson Pacific Towers at Redwood Shores Krista Dixon Director of Operations kdixon@hudsonppi.com Commercial Class A $88K + per month CBRE Sierra Point Rachel Rockholt Rachel.rockholt@cbre.com Commercial Class A $4K+ per month MMS Military Housing Steve Sperry ssperry@tmo.com Privatized Military Housing 3,000+ Military Homes 95K+ per month CONTRACT LABOR SUMMARY Pursuant to the specifications, the following Labor Summary must be completed for the Contract Areas, showing the number of full-time positions provided by the Proposer to perform services for the areas. Additionally, the City will evaluate the proposals to ensure that a satisfactory number of positions have been provided for by the Proposer to achieve a high level of landscape maintenance in these areas. This Labor Summary and the selection criteria for award of contract will be used by the City to select the most responsible Proposer. Designate the number of full-time employees that have been included in the proposal for all Contract Areas. Designate the number of personnel employed on the job for 40 hours per week or the number of hours proposed per week for each category below: Proposer’s Proposed Manpower Number of Personnel Hours Per Week 1. First Line Supervisor of Landscaping Workers 1 40 2. Landscape and Groundskeeping Workers 4 160 3. Irrigation Technician 1 24 4. Pesticide Applicator 1 16 Total full-time positions proposed: 7 240 IDENTIFICATION OF SUBCONTRACTORS Not less than fifty percent (50%) of the contract work shall be done by the prime contractor. Further, the Contractor shall not, without the consent of the City of South San Francisco, either: (a) Substitute any person or subcontractors in place of the subcontractors designated on his original proposal. (b) Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. Should the Consultant violate any of the provisions of this Identification of Subcontractors form, it shall be deemed a violation of this Agreement, and the City of South San Francisco may cancel the Agreement. Portion of Work Subcontractor Name & License Number Location and Place of Business % of Work Broadleaf Weed Control (Supplemental) Killroy Pest Control License # 895 Campbell, CA 2% Pest Control (Supplemental) Smith's Pest Management License # 8261 San Jose, CA 2% Organization & Approach Management Plan The Gothic Landscape team for the City of So. SF will be supported by Marlene Barneveld, Regional Manager and led by JJ Hubert, Branch Manager. Marlene is a seasoned landscape professional with a degree in horticulture from the Massey University, New Zealand. She has 30+ years of experience in landscape management services with a strong emphasis on organic and sustainable environments. Marlene is a certified Bay-Friendly Landscape Maintenance Professional, Certified Bay-Friendly Landscape Designer, Certificated Sustainable Landscaping professional. She will be responsible for directing our on-site maintenance crews and support staff to adhere to the City’s landscape maintenance needs and standards. Marlene will provide project direction and support the landscape operations through her maintenance team & support service teams who consist of the following key service personnel: Landscape Management AND NOT JUST “MAINTENANCE” Our strategy is to provide an integrated and collaborative approach. Our Account Manager will communicate constantly with the production crews and infrastructure support teams to ensure both efficiency and quality control. It is always our goal to be proactive as opposed to reactive in bringing issues to your attention before you have to bring them to ours. Our overall Landscape Management program also includes the following: • Daily updating of “problem” report • Weekly property reports • Monthly comprehensive written report for inclusion in Board of Director packets • Attendance at required Board of Director meetings (when necessary) • Attendance on all site walks with management, at your direction Landscape Maintenance Team -Branch Manager -On-site weekly -Production Team - On-Site Weekly -Account Manager-On-site Supervisor-On-Site(s) Daily -Irrigation / Water Manager- Seasonal/ On-demand -Safety Officer-On-site min. 2x per month Support Staff-  Tree Care Crews-  Arborist  Construction Crews  Water Management  Quality Control  Technical Advisor  Design Specialist Organization & Approach Common Greens Litter P/U MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY 1 West Park 1 & 2 52 x x x 2 Greenview Commons 52 x 3 West Park 3 52 x x x x x 4 Willow Gardens 52 x 5 Stonegate 52 x 6 Linden Avenue Park Linden Ave @ Pine Ave 52 x 7 Olympic Park Olympic Drive @ Dublin Ct 26 x 8 Sister Cities Linear Park Orange Ave Spruce Ave 52 x 9 Irish Town Greens Airport Blvd between Armour & Linden 52 x 10 Orange Park Scupture Garden Tennis Drive Parking Lot 52 x Team 1 Team 2 ITEM DESCRIPTION Organization & Approach Approach/Mindset Approach Outcomes • Transparency/ collaboration • Flexibility/ Adaptability • Specialty Teams/ Cross Divisions • Landscape Performance/ Sustainability • Landscape Resiliency & longevity • Asset Preservation & Risk Mitigation • Achieve a balanced program-E.A.E- Economic, Aesthetic & Ecological Gothic Landscape Account Manager Irrigation Technician(s)- Support Services Administrative HR AR/AP Procurement Fleet Safety Construction Large Tree Care Irrigation/ Water Management Team Production Specialist Jose V. Grounds Maintenance Team Quarterly Service Strike Team Strike Team Foreman Grounds Maintenance Crew Leader Grounds Maintenance Gardener Strike Team Gardener #1 Marlene Barneveld NorCal Regional Manger JJ Hubert Branch Manager Organization & Approach Roles & Responsibility C.O.O. • Responsible for ensuring that all terms of the contract exceed customer expectations • Responsible to ensure that quality and service are consistent on a regular basis minimum of weekly during the transition • Makes sure that all the resources of people, training, equipment are aligned with the site and customer s needs • Will be meeting with the City of So SF. team on a regular basis to review progress, quality & any other additional needs • Help establish the long-term vision of the site as well as hold people accountable to the results Regional Manager- • Responsible for assigning the right people in the right roles at the right time • Develops short- and long-term horticultural needs of sites • Ensures the transition goes smoothly • Establishes and tracks quality thru walk through, inspections • Ensures customer service is rendered daily Account Manager • Has the ultimate responsibility for the outcome of the service • Serves as main client contact for all landscape items. • Is directly responsible for the work order flow • Is responsible to make sure that work is prioritized and executed daily with the utmost quality and clean up required • Manges the horticultural activities on site Irrigation Supervisor • Assists the irrigation technicians with training and complex troubleshooting • Suggest irrigation improvements and ensures that repairs are executed on a regular basis • Provides water conservation and water usage assistance and tracking Enhancement Manager • Helps create and organize the long-term vision of enhancement projects • Recommends improvements of plant species, spacing and plant performance • Budget Planning/ Tracking-works with Managers to ensure proper execution Irrigation Technician • Ensures that controllers are programmed correctly based on the needs and weather conditions • Performs inspections and runs the irrigation systems to ensure it is functioning at optimum • Performs repairs needed and recommends any needed changes • Ensure plant materials are getting proper amount of water Production Specialist • Works directly with the crew leaders and the crew to make sure they are following the landscape best practices • Acts as liaison between site manager and crews on different specialty tasks • Ensure the areas serviced are cleaned up and left debris free • Works with site manger on punch list items Crew Leader (Maintenance) • Helps ensure that all gardeners are doing the proper pruning, mowing, cleaning • Helps train all landscape technicians in all aspects of landscape • Reports issues from the areas worked Gardener (s) • Performs all the tasks of pruning, fertilizing, mowing and other tasks with quality and efficiency Organization & Approach Key Staff A Dedicated Team of Experts Nada Duna- Chief Operating Officer- • Master of Science, Pathology & Entomology • Bachelor of Science, Horticulture, American University of Beirut • Certificate in Ornamental Horticulture, California Polytechnic University, San Luis Obispo • 35 + years industry experience • Pest Control Advisor since 1989 • Member of USGBC & member of Joint Venture Silicon Valley Water Conservation. Marlene Barneveld-Regional Manager- NorCal • B.S., Horticulture, Massey University, New Zealand • Certified Bay-Friendly Landscape Maintenance Professional • Certified Bay-Friendly Landscape Designer • Certificate, Sustainable Landscaping, Sonoma State University • Qualified Applicator License, California Department of Pesticide Regulation • 30+ years of industry experience JJ Hubert- Branch Manager • B.S, Agriculture & Environmental Plant Sciences-Cal Poly, San Luis Obispo • President of the Horticulture Club and Turfgrass Management • Professional Landcare Network (PLANET)-Certified Landscape Manager - Exterior • Qualified Applicator License, California Department of Pesticide Regulation • 10+ years of industry experience Rodolfo Sepulveda- Irrigation Specialist • Certified Irrigation Contractor – Irrigation Association • Certified Landscape Irrigation Technician – Irrigation Association • Certified Backflow Prevention Assembly General Tester – American Water Works Association (CA-NV) • Water Sense Partner – Environmental Protection Agency Jose Torres - Production Specialist - • Certified in all aspects of landscape management (pest management, chemicals, pruning, plant identification, irrigation management) Level 5-Horticultural Certification • In process of completing CIT (Certified Irrigation Technician) • 15 years+ industry experience Tony Fargnoli-Enhancement Branch Manager • Bachelor of Science, Ornamental Horticulture, The University of Ohio State • Certified Landscape Technician in Maintenance, Enhancement, and Irrigation • 25+ years’ experience in Landscape Industry • Certified California Pesticide Applicator • ISA Certified Arborist Organization & Approach Approach to Providing Service Turnover, Transition and Start-Up Planning & Activities  30- 45 days before start of contract- (May/ June-) Goal- Be present at all turnover walks- suggest 3 separate inspections • missing plants, mulch, replacement needs with Gothic Horticulturist and Account Manager • Irrigation and drainage-field and controller diagnostic checks with Gothic Water manager and Account Manager  Assist with turnover punch lists and conformation of completion  Draft seasonal plan for first 30, 60, 90 Days- • Assessments to provide Realtime review and submission the following plans  To include pruning and selective plant edits  Debris management/ site hygiene  Water management plan  Review water use, programming, historical data  Seasonal adjustments and movement away from establishment phase irrigation to post establishment phase irrigation plan  Tree canopy management plan for fall and winter preparedness  Perform seasonally appropriate canopy pruning for wind sail management, security  clearance and canopy management- pruning activity monthly through year end  Integrated pest Management plan  Determine action threshold crossed on key persistent insect and disease  CLIENT COLLABORATION- management and consulting partners 15 days before starting up contract (June 15th) • Goal- seamless alignment of Site Performance Goals and Needs  Complete team member introductions  Seek input on 30,60,90-day plans to ensure correct alignment  Identify key events and site needs  Orient field crews to the site logistics, needs  MOBILIZATION 5 days before starting up contract (June 25th) • Goal- seamless transition Maintenance Teams with Horticulturalists- Activity orientations for the following teams • Establish repeatable routines and outcomes- weekly task plan • Focus on site needs around site hygiene, people flow, efficient and non- disruptive workflows • Set up storage room with equipment and supplies Organization & Approach Approach to Providing Service Turnover, Transition and Start-Up Planning & Activities  CONTRACT START and 1st 30 days (July 1, 2021) Goal- smooth mobilization  Maintenance Teams with Horticulturalists-Establish/ refine repeatable routines and outcomes, submit weekly task plan  Large Task Team- Mobilize teams to execute large seasonal tasks including Cut back eco turf meadow, dethatch- November  Water Management- Perform irrigation system inspection including flushing all drip lines, cleaning all filters and prepare for winter season de- escalation of system  Weed Control - perform any cannot wait tree event  Leadership- quality control, event preparedness for holiday season, monthly site review and present monthly report format  CONTRACT 31-90 days (Aug-Sept) Goal- escalate into vertical  Maintenance Teams- focus on site hygiene with fall debris, aerate and over-seed turf (spray zone)  Large Task teams – perform staggered winter pruning program  Leadership-monthly feedback and program refinement, water management report and irrigation management plan ATTACHMENT A SERVICE AREAS AND LITTER PICKUP FREQUENCIES Perform the scope of work for LANDSCAPE MAINTENANCE SERVICES in place, and in accordance with the Service Areas and Litter Pickup Frequencies below, and with the Standard of Services (Attachment B). See key below for notes. In the event of a conflict in or inconsistency between the terms of this Attachment and the Standard of Services (Attachment B), the Standard of Services shall prevail. BID ITEM DESCRIPTION FROM TO LITTER PICKUP SERVICE FREQ. IRRIG. TYPE NOTES MONTHLY RATE ANNUAL COST 1 West Park 1 & 2 Common Greens 52 A $ 8908 $106,896 2 Greenview Commons Common Greens 52 A $1570 $18,840 3 West Park 3 Common Greens 52 A $13190 $158,280 4 Willow Gardens Common Greens 52 A $1573 $18,876 5 Stonegate Common Greens 52 A $1573 $18,876 6 Linden Avenue Park Linden Avenue @ Pine Avenue 52 A $341 $4092 7 Olympic Park Olympic Dr @ Dublin Dr 26 A $171 $2052 8 Sister Cities Linear Park Orange Ave. Spruce Ave. 52 A $1310 $15,720 9 Irish Town Greens Airport Blvd. between Armour Ave and Linden Ave 52 A $1048 $12,576 10 Orange Park Sculpture Garden Tennis Drive Parking Lot 52 A $916 $10,992 TOTAL BASE BID PRICE: $30,600 $367,200 Key to Service Area Notes: Service Frequency: Minimum frequency of litter removal. 4 Quarterly Service (4 times per year) 12 Monthly Service (12 times per year) 26 Bi-weekly Service (26 times per year) 52 Weekly Service (52 times per year) Irrigation Type: Type of control system. A Automatic. Irrigation schedule shall be coordinated with the City. M Manual. Contractor shall be responsible for turning system on and off as required for proper irrigation. N No irrigation system. City will provide water wagon service as requested by contractor. Contract Agreement If Gothic Landscape is selected and award the landscape contract, we will execute agreement (attachment E) with no changes or addendums. We agree to comply with all terms, scopes and insurance and bonding requirements necessary to execute this agreement between Gothic Ground Management Inc. and the City of South San Francisco. COVID-19 Jobsite Safety Plan PURPOSE The purpose of this document is to ensure that your jobsite, which is actively operating, has a plan outlined to ensure the health and well-being of all workers, subcontractors, and suppliers each day. This field operations plan is to be implemented immediately to address the implications of COVID-19 (also known as Coronavirus). OBJECTIVES 1. Keep all workers and their family members safe by reducing the spread. 2. Support our local community by doing our part to flatten the curve of the virus. 3. Decrease the impacts that could potentially exist to subcontractors, client, and suppliers. 4. Protect all individuals who are at a higher risk due to identified demographics (such as age) or underlying health complications. RESOURCES Gothic Landscape is committed to servicing your site while ensure the health and safe of our team members and the communities we operate within. The following resources/ procedures have and will continue to be implemented throughout all service locations: 1. Social Distancing Protocol Policy and Checklist 2. Daily Crew Assessment Checklist 3. Supplier/Visitor Assessment Questionnaire 4. Zero Tolerance Policy for Working Sick 5. How to Manage Sick Workers 6. Jobsite Standards and Cleaning/Sanitation Protocols 7. Project Response Investigation Policy 8. Notice Form from Company’s Human Resources Department Qualifications & Experience Encouraging Quality Employee We believe in working hard and enjoying the services we provide, while respecting and supporting our staff. Taking care of our people includes offering the most extensive benefit packages in the landscape industry. To maintain and continue to lower voluntary turn over, Gothic Landscape focuses on the following: providing competitive compensation, health insurance plans, a company matching 401k system, paid vacations and holidays, bonus packages for field and management staff. Benefits include the following:  Health, Dental, Vison- 85% subsidized by company  Employee assistance programs including but not limited to counseling, family therapy, will writing &  Year-End Profit-Sharing Incentives  Free Financial advisory services to all employees  Free life insurance with the ability to purchase extra insurance for all family members  Additional paid 3 days for all foreman (double CA requirement)  FFMLA and baby bonding programs  Continued education classes & certification paid by Gothic (including English and Computer Skills/ Training)  Gothic University Training Program  Outside training thru consultants: Horticultural, equipment based, irrigation, interviewing, managing performance  Great work “perks “for all employees to receive discount tickets at movies, sports events, and concerts  Employee appreciation events, BBQ’s  Wellness programs including smoke cessation, dieting and nutrition We are committed to help our employees grow their career, with boundless opportunities for individuals who are passionate about the landscape business. We offer job specific training at all stages of employment. Gothic Landscape’s “ladder of success” program emphases promoting from within the company and providing a clear career path for all team members. Our mission statement is more than just words, it is engrained in the culture of Gothic Landscape: The Gothic Mission: To develop long-term partnerships through team members committed to a culture of extraordinary service. We eliminate our clients’ single biggest worry by providing unparalleled reliability delivered through exceptional communication, responsiveness, and expertise. Most importantly, it is our job to make you proud of where you live and we will always deal with you honestly, ethically, and fairly. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-419 Agenda Date:5/26/2021 Version:1 Item #:14a. Resolution awarding landscape maintenance services agreements to Frank and Grossman Landscape Contractors,Inc.of Hayward,California for citywide right-of-way landscape maintenance services in an amount not to exceed $616,064,and to Gothic Landscaping of San Jose,California for Common Greens landscape maintenance services in an amount not to exceed $792,416 for a twenty-four (24)month term and amending the Parks and Recreation Department’s Fiscal Year 2021-22 and 2022-23 Operating Budgets pursuant to budget amendment #22.002. WHEREAS,the City of South San Francisco (“City”)issued a Request for Proposals for Landscape Maintenance Services on March 1, 2021 and received three (3) bids in response; and WHEREAS,staff recommends awarding a landscape services agreement to Frank and Grossman Landscape Contractors of Hayward,California for the Right-of-Way Landscape Maintenance Services Project in a total amount not to exceed $616,064 for a twenty-four (24)month term based on their average overall proposal score,which included evaluation of project costs,project understanding,project completion schedule, qualifications, expertise and experience; and WHEREAS,staff recommends awarding a landscape services agreement to Gothic Landscaping of San Jose, California for the Common Greens Landscape Maintenance Services Project in a total amount not to exceed $792,416 for a twenty-four (24)month term based on their average overall proposal score,which included evaluation of project costs,project understanding,project completion schedule,qualifications,expertise and experience; and WHEREAS,additional funding in an amount of $101,100 is requested from the Common Greens funds to elevate the current level of service without any further financial impact to the City’s General Fund; and WHEREAS,staff requests Council’s approval for contract authority to utilize a contingency not to exceed $80,000 annually split equally between the two contracts,with this funding currently existing in the Parks and Recreation Department operating budget,to be used for enhancement projects on either the Right-of-Way Landscape Maintenance Project or the Common Greens Maintenance Project. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby award a landscape services agreement to Frank and Grossman of Hayward,California,for the Right-of-Way Landscape Maintenance Services Project,in a total amount not to exceed $616,064 for a twenty- City of South San Francisco Printed on 7/14/2021Page 1 of 2 powered by Legistar™ File #:21-419 Agenda Date:5/26/2021 Version:1 Item #:14a. Right-of-Way Landscape Maintenance Services Project,in a total amount not to exceed $616,064 for a twenty- four (24)month term,and award a landscape services agreement to Gothic Landscaping of San Jose, California,for the Common Greens Landscape Maintenance Services Project,in a total amount not to exceed $792,416 for a twenty-four (24) month term; and BE IT FUTHER RESOLVED,that the contract is conditioned on both contractor’s timely execution of the Project contracts and submission of all required documents,including but not limited to,certificates of insurance and endorsements, in accordance with the Project documents; and BE IT FUTHER RESOLVED that the Parks and Recreation Department’s Fiscal Year 2021-22 and 2022-23 Operating Budgets will be amended via budget amendment #22.002,and that the Finance Director is authorized to adjust budget as necessary to comply with budgetary intent of the executed contract(s); and BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the landscape services agreement and any other necessary documents on behalf of the City,subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 7/14/2021Page 2 of 2 powered by Legistar™ Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 1 of 17 LANDSCAPE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND FRANK + GROSSMAN LANDSCAPE CONTRACTORS, INC. THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and Frank + Grossman Landscape Contractors, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2021 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2023, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 9. 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 9. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Subject to the requirements of Section 9.4, 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 SIX HUDRED SIXTEEN THOUSAND SIXTY FOUR DOLLARS ($616,064) not withstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services EXHIBIT A Page 1 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 2 of 17 rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:  Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.);  The beginning and ending dates of the billing period;  A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;  The amount and purpose of actual expenditures for which reimbursement is sought;  The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. 2.3 Final Payment. City shall pay the last 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. EXHIBIT A Page 2 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 3 of 17 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 in Exhibit A. 2.6 Reimbursable Expenses. Expenses not listed are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor represents and warrants that Contractor is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as may be amended, and is exempt from withholding. Contractor accepts sole responsibility for verifying the residency status of any subcontractors and withhold taxes from non-California subcontractors as required by law. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve EXHIBIT A Page 3 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 4 of 17 incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. CONTRACT SECURITY. Concurrently with the execution of this Agreement, Consultant shall furnish a surety bond in an amount equal to at least 100% of the contract price set forth in Section 2 as security for the faithful performance of this contract. Sureties on said bond and the form thereof shall be issued by a California-admitted surety, satisfactory to the City and approved by the Contract Administrator identified in Section 11.9. Section 5 INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 5.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 5.2 Commercial General and Automobile Liability Insurance. 5.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least EXHIBIT A Page 4 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 5 of 17 twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 5.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 5.2.3 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. 5.3 Professional Liability Insurance. 5.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 5.3.2 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 EXHIBIT A Page 5 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 6 of 17 this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 5.4 All Policies Requirements. 5.4.1 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. 5.4.2 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, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 5.4.3 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. 5.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. EXHIBIT A Page 6 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 7 of 17 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. 5.4.5 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. 5.4.6 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. 5.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 5.4.8 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. 5.5 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 EXHIBIT A Page 7 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 8 of 17 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 6. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 7. STATUS OF CONSULTANT. 7.1 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; EXHIBIT A Page 8 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 9 of 17 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. 7.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 8. LEGAL REQUIREMENTS. 8.1 Governing Law. The laws of the State of California shall govern this Agreement. 8.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 8.3 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. 8.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 8.5 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 EXHIBIT A Page 9 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 10 of 17 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. 8.6 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 and 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 made available upon request as required by Labor Code Section 1776. (C) Subcontracting – Consultant shall be responsible for his own and subcontractors’ compliance with Section 1777.5 of the Labor Code regarding apprentice-able occupations. Consultant’s willful failure to comply with this section shall be denied the right to bid on a public works contract for a period of six (6) months from the date the determination is made. EXHIBIT A Page 10 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 11 of 17 Section 9. TERMINATION AND MODIFICATION. 9.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 10.1. 9.2 Extension. If agreed to by all parties the City may extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 9.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 9.4 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. Not less than fifty percent (50%) of the contract work shall be done by the prime contractor. Further, the Contractor shall not, without the consent of the City of South San Francisco, either: (a) Substitute any person or subcontractors in place of the subcontractors designated on the original proposal; or (b) Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. EXHIBIT A Page 11 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 12 of 17 Should the Consultant violate any of the provisions of this Agreement or the Identification of Subcontractors Form contained in the proposal, it shall be deemed a violation of this Agreement, and the City of South San Francisco may cancel the Agreement. 9.5 Temporary Suspension of Work. The Parks Manager shall have the authority to suspend the work wholly or in part for such period as deemed necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he/she may deem necessary, due to the failure on the part of the contractor to carry out orders given, or to perform any of the provisions of the work. The contractor shall immediately obey such orders of the Parks Manager and shall not restart the work until ordered in writing by the Parks Manager. 9.6 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. 9.7 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: 9.7.1 Immediately terminate the Agreement; 9.7.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 9.7.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 9.7.4 Charge Consultant the difference between the costs 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 10. KEEPING AND STATUS OF RECORDS. 10.1 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 EXHIBIT A Page 12 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 13 of 17 confidential and will not be released to third parties without prior written consent of both parties unless required by law. 10.2 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. 10.3 Inspection and Audit of Records. Any records or documents that Section 10.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 10.4 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. EXHIBIT A Page 13 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 14 of 17 Section 11 MISCELLANEOUS PROVISIONS. 11.1 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. 11.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 11.3 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. 11.4 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. 11.5 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. 11.6 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. 11.7 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 EXHIBIT A Page 14 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 15 of 17 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. 11.8 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. 11.9 Contract Administration. This Agreement shall be administered by Joshua Richardson, Parks Maintenance Program Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 11.10 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: Frank + Grossman Landscape Contractors, Inc. 3428 Arden Road Hayward, CA 94545 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 With a copy to: Joshua Richardson Parks Maintenance Program Manager City of South San Francisco, P.O. Box 711, South San Francisco California 94083 11.11 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 EXHIBIT A Page 15 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 16 of 17 "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. 11.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 11.14 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. EXHIBIT A Page 16 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 17 of 17 The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO CONSULTANT ____________________________ _____________________________________ Mike Futrell, City Manager Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney EXHIBIT A Page 17 of 19 Consulting Services Agreement between City of South San Francisco and - Exhibit A Page 1 of 1 EXHIBIT A SCOPE OF SERVICES EXHIBIT A Page 18 of 19 Consulting Services Agreement between City of South San Francisco and -Exhibit B Page 1 of 1 EXHIBIT B INSURANCE CERTIFICATES EXHIBIT A Page 19 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 1 of 17 LANDSCAPE MAINTENANCE SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND GOTHIC LANDSCAPE, INC. THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and Gothic Landscape, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of July 1, 2021 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2023, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 9. 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 9. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Subject to the requirements of Section 9.4, 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 SEVEN HUNDRED NINTY TWO THOUSAND FOUR HUNDRED SIXTEEN DOLLARS ($792,416) not withstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from EXHIBIT B Page 1 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 2 of 17 City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:  Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.);  The beginning and ending dates of the billing period;  A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;  At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense;  The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A;  The amount and purpose of actual expenditures for which reimbursement is sought;  The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. 2.3 Final Payment. City shall pay the last 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. EXHIBIT B Page 2 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 3 of 17 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 in Exhibit A. 2.6 Reimbursable Expenses. Expenses not listed are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor represents and warrants that Contractor is a resident of the State of California in accordance with California Revenue & Taxation Code Section 18662, as may be amended, and is exempt from withholding. Contractor accepts sole responsibility for verifying the residency status of any subcontractors and withhold taxes from non-California subcontractors as required by law. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve EXHIBIT B Page 3 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 4 of 17 incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. CONTRACT SECURITY. Concurrently with the execution of this Agreement, Consultant shall furnish a surety bond in an amount equal to at least 100% of the contract price set forth in Section 2 as security for the faithful performance of this contract. Sureties on said bond and the form thereof shall be issued by a California-admitted surety, satisfactory to the City and approved by the Contract Administrator identified in Section 11.9. Section 5 INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit B, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 5.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 5.2 Commercial General and Automobile Liability Insurance. 5.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least EXHIBIT B Page 4 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 5 of 17 twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 5.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 5.2.3 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. 5.3 Professional Liability Insurance. 5.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 5.3.2 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 EXHIBIT B Page 5 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 6 of 17 this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 5.4 All Policies Requirements. 5.4.1 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. 5.4.2 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, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 5.4.3 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. 5.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. EXHIBIT B Page 6 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 7 of 17 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. 5.4.5 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. 5.4.6 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. 5.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 5.4.8 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. 5.5 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 EXHIBIT B Page 7 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 8 of 17 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 6. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 7. STATUS OF CONSULTANT. 7.1 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; EXHIBIT B Page 8 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 9 of 17 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. 7.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 8. LEGAL REQUIREMENTS. 8.1 Governing Law. The laws of the State of California shall govern this Agreement. 8.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 8.3 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. 8.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 8.5 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 EXHIBIT B Page 9 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 10 of 17 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. 8.6 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 and 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 made available upon request as required by Labor Code Section 1776. (C) Subcontracting – Consultant shall be responsible for his own and subcontractors’ compliance with Section 1777.5 of the Labor Code regarding apprentice-able occupations. Consultant’s willful failure to comply with this section shall be denied the right to bid on a public works contract for a period of six (6) months from the date the determination is made. EXHIBIT B Page 10 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 11 of 17 Section 9. TERMINATION AND MODIFICATION. 9.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 10.1. 9.2 Extension. If agreed to by all parties the City may extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 9.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 9.4 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. Not less than fifty percent (50%) of the contract work shall be done by the prime contractor. Further, the Contractor shall not, without the consent of the City of South San Francisco, either: (a) Substitute any person or subcontractors in place of the subcontractors designated on the original proposal; or (b) Permit any subcontract to be assigned or transferred or allow it to be performed by anyone other than the original subcontractor listed in the proposal. EXHIBIT B Page 11 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 12 of 17 Should the Consultant violate any of the provisions of this Agreement or the Identification of Subcontractors Form contained in the proposal, it shall be deemed a violation of this Agreement, and the City of South San Francisco may cancel the Agreement. 9.5 Temporary Suspension of Work. The Parks Manager shall have the authority to suspend the work wholly or in part for such period as deemed necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable for the suitable prosecution of the work, or for such time as he/she may deem necessary, due to the failure on the part of the contractor to carry out orders given, or to perform any of the provisions of the work. The contractor shall immediately obey such orders of the Parks Manager and shall not restart the work until ordered in writing by the Parks Manager. 9.6 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. 9.7 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: 9.7.1 Immediately terminate the Agreement; 9.7.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 9.7.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 9.7.4 Charge Consultant the difference between the costs 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 10. KEEPING AND STATUS OF RECORDS. 10.1 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 EXHIBIT B Page 12 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 13 of 17 confidential and will not be released to third parties without prior written consent of both parties unless required by law. 10.2 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. 10.3 Inspection and Audit of Records. Any records or documents that Section 10.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 10.4 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. EXHIBIT B Page 13 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 14 of 17 Section 11 MISCELLANEOUS PROVISIONS. 11.1 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. 11.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 11.3 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. 11.4 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. 11.5 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. 11.6 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. 11.7 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 EXHIBIT B Page 14 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 15 of 17 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. 11.8 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. 11.9 Contract Administration. This Agreement shall be administered by Joshua Richardson, Parks Maintenance Program Manager ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 11.10 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: Gothic Landscape, Inc. 2520 Pulgas Avenue East Palo Alto, CA 94303 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 With a copy to: Joshua Richardson Parks Maintenance Program Manager City of South San Francisco, P.O. Box 711, South San Francisco California 94083 11.11 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 EXHIBIT B Page 15 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 16 of 17 "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. 11.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 11.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement. 11.14 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. EXHIBIT B Page 16 of 19 Landscape Maintenance Services Agreement between City of South San Francisco and GOTHIC LANDSCAPE, INC. Page 17 of 17 The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO CONSULTANT ____________________________ _____________________________________ Mike Futrell, City Manager Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney EXHIBIT B Page 17 of 19 Consulting Services Agreement between City of South San Francisco and - Exhibit A Page 1 of 1 EXHIBIT A SCOPE OF SERVICES EXHIBIT B Page 18 of 19 Consulting Services Agreement between City of South San Francisco and -Exhibit B Page 1 of 1 EXHIBIT B INSURANCE CERTIFICATES EXHIBIT B Page 19 of 19 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-319 Agenda Date:5/26/2021 Version:1 Item #:15. Report regarding adoption of an ordinance amending the contract between the Board of Administration,California Public Employees’Retirement System and the City of South San Francisco to implement the ability for Classic Miscellaneous members in the Executive Management Unit to increase their portion of the employer share of their CalPERS pension costs.(Leah Lockhart,Human Resources Director) RECOMMENDATION It is recommended that the City Council waive reading and adopt an ordinance amending the contract between the Board of Administration,California Public Employees’Retirement System (CalPERS)and the City of South San Francisco to implement the ability for Classic Miscellaneous members in the Executive Management Unit to increase their portion of the employer share of their CalPERS pension costs. BACKGROUND The City Council previously waived reading and introduced the following ordinance: ORDINANCE APPROVING AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES'RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO. (Introduced on 4/28/2021; vote 5-0) This ordinance is now ready for adoption. City of South San Francisco Printed on 5/21/2021Page 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 #:21-320 Agenda Date:5/26/2021 Version:1 Item #:15a. Ordinance approving an amendment to the contract between the Board of Administration California Public Employees’ Retirement System and the City Council of the City of South San Francisco. WHEREAS,the Public Employees'Retirement Law (California Government Code Section 20000 et seq.,the "Law")permits the participation of public agencies and their employees in the Public Employees'Retirement System (“PERS”)by the execution of a contract,and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS,the City of South San Francisco (the "City")and the Board of Administration California Public Employees'Retirement System have entered into a contract effective September 1,1945 (and heretofore subsequently amended) related to the Public Employees' Retirement System ("Contract"); and WHEREAS,the City has negotiated with its Executive Management Unit a Compensation Plan effective July 1,2017 through June 30,2022,that includes a provision stating that with the implementation of an amendment to the PERS contract and as authorized by GC 20516(f),Local Miscellaneous Classic Members and the City agree to a pension-cost sharing arrangement where all Classic members shall pay,in addition to their current 7%or 8%employee contribution,an additional one percent (1%)effective the first full pay period of July 2020 and an additional one percent (1%)for a total additional two percent (2%)effective the first full pay period of July 2021 (July 9, 2021); and WHEREAS,the California Public Employees'Retirement System staff have prepared the attached Amendment to Contract to implement the ability of Executive Management Unit Local Miscellaneous member employees to share in the employer costs of their pension benefit. NOW, THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: Section 1. RECITALS. The City Council hereby finds that the foregoing Recitals are true and correct. Section 2. APPROVAL OF AMENDMENT. The City Council does hereby approve the Amendment to Contract between the Board of Administration, California Public Employees'Retirement System and the City Council of the City of South San Francisco ("Exhibit A") attached hereto and incorporated herein by this reference. Section 3. AUTHORIZATION. City of South San Francisco Printed on 6/1/2021Page 1 of 2 powered by Legistar™ File #:21-320 Agenda Date:5/26/2021 Version:1 Item #:15a. The City Council hereby authorizes,empowers and directs the Mayor of the City to execute the Amendment and any documents related thereto on behalf of the City. Section 4. 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. Section 5. SEVERABILITY. In the event any section or portion of this ordinance shall be determined invalid or unconstitutional,such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. ***** Introduced and adopted at a regular meeting of the City Council of the City of South San Francisco held the 28th day of April 2021. City of South San Francisco Printed on 6/1/2021Page 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 #:21-414 Agenda Date:5/26/2021 Version:1 Item #:16. Report regarding an ordinance repealing Chapter 11.44 of the South San Francisco Municipal Code to eliminate the mandatory licensing of a bicycle or motorized bicycle before operating it within the City of South San Francisco.(Sky Woodruff, City Attorney) RECOMMENDATION It is recommended that the City Council waive reading and adopt an ordinance repealing Chapter 11.44 of the South San Francisco Municipal Code to eliminate the mandatory licensing of a bicycle or motorized bicycle before operating it within the City of South San Francisco. BACKGROUND On May 12,2021,the City Council moved to introduce an ordinance repealing Chapter 11.44 of the South San Francisco Municipal Code to eliminate the mandatory licensing of a bicycle or motorized bicycle before operating it within the City of South San Francisco.The Council voted to introduce the ordinance,and the ordinance now requires a second reading. (Introduced on 5/10/21, Vote 5-0) The ordinance is ready for adoption. CONCLUSION The ordinance is ready for adoption. City of South San Francisco Printed on 5/21/2021Page 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 #:21-415 Agenda Date:5/26/2021 Version:1 Item #:16a. Ordinance repealing Chapter 11.44 of the South San Francisco Municipal Code to eliminate the mandatory licensing of a bicycle or motorized bicycle before operating it within the City of South San Francisco. WHEREAS,Chapter 11.44 of the South San Francisco Municipal Code sets out a mandatory licensing procedure for bicycles and motorized bicycles before they may be operated on any street,road,highway,or other public property within the City of South San Francisco; and WHEREAS,Chapter 11.44 of the South San Francisco Municipal Code further authorizes the Chief of Police to impound and retain possession of any bicycle or motorized bicycle which does not comply with the provisions of Chapter 11.44 or Vehicle Code Section 39000,et seq,and authorizes the Chief of Police to retain possession of the bicycle until those provisions are complied with; and WHEREAS,any fee collected pursuant to the mandatory bicycle licensing procedures are designated for use to support enforcement of Chapter 11.44,improve bicycle safety programs in the City,and establish bicycle facilities, including bicycle paths and lanes; and WHEREAS,this ordinance was intended to make it easier to recover stolen bicycles and return them back to the owner; and WHEREAS,very few persons in the City of South San Francisco observe the mandatory bicycle licensing procedures under Chapter 11.44 of the South San Francisco Municipal Code; and WHEREAS,other cities have begun to repeal similar mandatory bicycle licensing ordinances,citing the high costs of administering them and low rates of participation,including the cities of Los Angeles,Santa Monica, and San Jose; and WHEREAS,the City Council now wishes to repeal Chapter 11.44 of the South San Francisco Municipal Code to remove the mandatory bicycle licensing requirements within the City of South San Francisco. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.Findings The City Council of South San Francisco finds that all Recitals are true and correct and are incorporated herein by reference. City of South San Francisco Printed on 6/1/2021Page 1 of 2 powered by Legistar™ File #:21-415 Agenda Date:5/26/2021 Version:1 Item #:16a. SECTION 2.Repeal of South San Francisco Municipal Code Chapter 11.44 Chapter 11.44 of the South San Francisco Municipal Code is hereby repealed and reserved for future use. SECTION 3.Use of Bicycle Licensing Fees The fees collected pursuant to Section 11.44.080 of the South San Francisco Municipal Code shall continue to exist and moneys shall continue to be used for the purposes specified in Section 11.44.080 prior to its repeal. SECTION 4.Severability If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid,the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. SECTION 5.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 and adopted at a regular meeting of the City Council of the City of South San Francisco held the 12th day of May 2021. City of South San Francisco Printed on 6/1/2021Page 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 #:21-390 Agenda Date:5/26/2021 Version:1 Item #:17. Report regarding a motion to approve the program concept for the Shop Local Gift Card Program (Heather Ruiz, Management Analyst) RECOMMENDATION Staff recommends that the City Council approve by motion the Shop Local Gift Card Program as described in this report. BACKGROUND/DISCUSSION At the City Council meeting of February 10,2021,Council Member Flores proposed that the City explore a Shop Local program that would provide vouchers or gift cards to low-income households suffering from food insecurity,and that would also support small businesses impacted by COVID.The Council asked staff to explore this concept and see if such a program could be implemented in the coming year. Based on this initial request and further direction provided by Council at its March 30,2021,study session, staff has developed a program with the following goals: ·Provide gift cards to low-income households impacted by COVID-19,to allow them to buy food and other essential goods; and ·Support the City’s ongoing marketing efforts to encourage residents to patronize local merchants as they re-open from the pandemic. Research & Analysis Staff researched other jurisdictions that have experimented with vouchers,gift cards,or e-coupons for essential services.Although the program may appear straightforward in concept and purpose,it involves many complex logistics. In researching the experiences of other jurisdictions, staff attempted to address several issues, such as: ·Who should qualify for the vouchers? How should households be verified or not? ·What types of local businesses (and goods/services) should be allowed to participate in the program? ·What type of voucher (physical coupon,gift card,app-based coupon,etc.)should be used to best serve the target customers? ·How should the program be managed, including: o Safe storage & distribution of vouchers or gift cards; o Tracking of households served; and o Program administration & bookkeeping? ·What marketing & education efforts are needed to: o Promote the program to eligible households; o Educate merchants on how the coupons will work; and o Leverage the program to build public awareness of Shop Local opportunities? ·What is a realistic budget and timeline for this type of program? In addition to contacting several jurisdictions (e.g.,San Luis Obispo,Merced,Lynwood,etc.),staff also met City of South San Francisco Printed on 6/1/2021Page 1 of 4 powered by Legistar™ File #:21-390 Agenda Date:5/26/2021 Version:1 Item #:17. In addition to contacting several jurisdictions (e.g.,San Luis Obispo,Merced,Lynwood,etc.),staff also met with the SSF Chamber of Commerce and Genentech to discuss the parallels with the "Genentech Goes to Town"initiative,including lessons learned and organizational capacity for the Chamber to assist in implementing a Shop Local program.This research allowed staff to draft guidelines for this proposed Shop Local Gift Card Program. Program Guidelines Based on the research and analysis done to date,staff is planning to move forward with a program with the following parameters: 1.Gift Cards:The City would provide one,prepaid $40 gift card,to eligible households.In comparison to paper vouchers,gift cards appear to be more accessible and useful to the target population,and more cost-effective to deploy.Each gift card would be valid for a limited period (approximately 180 days). The gift cards are redeemable only at participating businesses.Participating businesses will accept the gift cards as cash and will then be reimbursed once a week. Certain purchases will be excluded from gift card purchases including alcohol and tobacco products or anything of that nature. 2.Essential Goods &Services:Businesses eligible to participate must be a restaurant,grocery,pharmacy, gas station,or personal service business located in South San Francisco,with a current City business license and no open code enforcement actions.Participation would be voluntary.Businesses would not need to be members of the Chamber of Commerce,though staff recommend partnering with the Chamber to enroll businesses in the program. 3.Program Administration:City staff would administer the program.The City would enter into an agreement with the SSF Chamber of Commerce,which would be responsible for outreach to eligible local businesses to sign them up for the program and to help educate the merchants and their employees on how to accept,redeem,and submit for reimbursement.The Factor 4 gift card platform allows online tracking of how the gift cards are being redeemed,allowing summary reports to be generated on the metrics of how many households are being served and what general types of local services are being patronized. 4.Distribution and Targeted Events:Gift cards would be distributed by staff at selected community events,such as vaccination and/or food drives by City staff and select nonprofit and community partner organizations.Select nonprofit organizations would already have business relationships with the City (through the City’s CDBG and Affordable Housing programs)and have established trusting lines of communication with low income residents.By hand-distributing the gift cards as described above,staff believes they can be effectively distributed to those in need without a formal application or screening process (which would increase administrative costs and may discourage some residents from participating). 5.Marketing and Outreach:A webpage (managed by either City or Chamber staff)would describe the program and list the merchants where vouchers can be redeemed.In addition,staff is considering (and costing out)several potential ways to market the program including:social media,flyers (distributed to local places of worship or other organizations serving the target population),posters (displayed in the storefronts of participating merchants),community events,and/or other methods.To reach potentially eligible merchants,the Chamber would reach out to local businesses to promote the Program -including City of South San Francisco Printed on 6/1/2021Page 2 of 4 powered by Legistar™ File #:21-390 Agenda Date:5/26/2021 Version:1 Item #:17. eligible merchants,the Chamber would reach out to local businesses to promote the Program -including businesses that are not Chamber members and businesses that are popular with the target population of residents. Gift Card Vendor Selection Staff solicited informal bids from three gift card vendors:Gift Bar,Yiftee,and Factor 4.After careful consideration,staff selected Factor 4 to assist staff with managing the program,creating physical gift cards, processing transactions and moving money onto the cards and then reimbursing each business as the cards are redeemed.Redeeming a gift card does not require the use of a POS and instead,requires merchants to download Factor 4’s free gift card app onto their mobile device.This allows users to redeem their gift cards at “cash only” merchants. In addition, users can use the gift cards at multiple, participating merchants. Implementation & Next Steps If Council approves the program concept by Motion,staff will work with the Finance Department to have the funds appropriated as part of the Fiscal Year 2021-2022 budget for program implementation.Under the current, preliminary timeline, staff is hoping to develop and implement the program as follows: Month Activities June - Finalize design of gift cards, promotional poster, etc. -Execute contract with selected vendor -Order gift cards from selected vendor -Negotiate & execute a Professional Services Agreement with Chamber -Begin outreach to local merchants and enroll in program (1-2 months) July - Begin outreach to community -Launch website to describe program and list participating merchants -City receives gift cards from vendor August - Program begins -Distribute gift cards to residents Gift cards would expire after 180 days, and the program would be closed out in December/January. FISCAL IMPACT The impact of this program to the General Fund is $96,700,which is expected to be offset by American Rescue Plan funds. Staff estimates the budget for this program to be as follows: Item Estimated Cost Face Value of Gift Cards (up to 2,200 households @ $40/card)$88,000 Vendor Service Fees (approx. 3%) $2,700 Gift Card Production and Setup $1,500 Design, Marketing & Miscellaneous $4,500 Total $96,700 RELATIONSHIP TO THE STRATEGIC PLAN The Shop Local Gift Card Program addresses the following Strategic Plan areas: -Strategic Plan Priority #2 Quality of Life, City of South San Francisco Printed on 6/1/2021Page 3 of 4 powered by Legistar™ File #:21-390 Agenda Date:5/26/2021 Version:1 Item #:17. -Priority Area 3 Financial Stability, -Priority Area 5 Economic Vitality, and -Priority Area 6 Community Connections CONCLUSION Staff recommends that the City Council approve the program concept for the Shop Local Gift Card Program by motion. Attachments: Shop Local Gift Card Program Presentation City of South San Francisco Printed on 6/1/2021Page 4 of 4 powered by Legistar™ SHOP LOCAL GIFT CARD PROGRAM PRESENTATION May 26, 2021 City Council Meeting PROGRAM GOALS •Provide gift cards to low-income households impacted by COVID-19 to purchase food and essential goods •Support local merchants as they re-open from the pandemic PROGRAM GUIDELINES •Gift Cards: Low-income households will receive a pre-paid $40 gift card, valid for 180 days. •Participating merchants must be a restaurant, grocery, pharmacy, gas station, or personal service business in SSF with current business license. PROGRAM GUIDELINES CONTINUED •Administration: ECD staff with support from Chamber •Gift Card Distribution: •Select community events: vaccination sites and/or food drives •Select non-profit partners through the CDBG Program •Marketing & Outreach: Program webpage, social media, posters, and flyers SELECTED GIFT CARD VENDOR: FACTOR 4 •Assist staff with managing the program, •Creating physical gift cards, •Processing transactions and move money onto the cards, •Reimburse each business as the cards are redeemed. •Merchants can redeem gift cards using Factor 4’s free app, which allows users to redeem their gift cards at “cash only” merchants. BUDGET •Total program budget estimated at $96,700 -including: •2,200 Gift Cards @ $40/card •Vendor Service Fees •Gift Card Production and Setup •Design, Marketing, Miscellaneous NEXT STEPS •Appropriate funds for FY 2021-22 budget for Program Implementation •TIMELINE: •June: Begin Program implementation •July: Finalize collateral •August: Program begins •December/January: Program closeout STAFF RECOMMENDATION •Staff recommends the City Council approve by motion the Shop Local Gift Card Program. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-400 Agenda Date:5/26/2021 Version:1 Item #:18. Report regarding consideration of countywide bus service changes proposed under the Reimagine SamTrans project.(Christopher Espiritu, Senior Planner and Tony Rozzi, Chief Planner) RECOMMENDATION Staff recommends that the City Council consider the proposed bus service alternatives and authorize the City Manager to submit a letter reflecting the views of City Council concerning the alternatives proposed under the Reimagine SamTrans project BACKGROUND/DISCUSSION The San Mateo County Transit District (SamTrans)is going through a planning process to adjust its bus routes and service throughout the County.This process is called the Reimagine SamTrans Project.SamTrans has reached out to the City to solicit input on several route alternatives that would impact South San Francisco. The following provides background information and staff analysis of alternatives proposed under the Project. Attachment A provides an overview presentation from SamTrans staff,including descriptions of each alternative,project schedule,and public input opportunities.Attachment B provides detailed description and proposed route map changes for each bus route operating in, and through, South San Francisco. SamTrans represents that the final system recommendation will likely not be one of the alternatives as a whole, but instead be a combination of elements from the three alternatives presented.The alternatives are used to highlighted potential changes,creating contrasts to generate public input.SamTrans staff intends to take public comment into consideration,consolidate the alternatives into one final proposal,and then host another round of public comment in fall,2021.The proposed changes,if any,will not be presented to the SamTrans Board of Directors until after completion of public outreach concerning the final proposal. SamTrans is performing outreach in South San Francisco concerning the proposed route changes.On Tuesday, May 18,2021,SamTrans held a virtual town hall for north San Mateo County.The town hall generated feedback, including most frequently: ·Do not eliminate or scale back Route 292,which provide bus service into San Francisco (this was the dominant feedback provided). ·Do include shuttle service from BART to employment centers located East of Highway 101,including to the hotels. ·Bus shelters are in dire need of replacement,many having poor ADA access and not creating a safe City of South San Francisco Printed on 5/20/2021Page 1 of 4 powered by Legistar™ File #:21-400 Agenda Date:5/26/2021 Version:1 Item #:18. space for riders. SamTrans,along with “Friends of Old Town,”will also host an in-person town hall in South San Francisco on June 5,2021,from 10:00 a.m.to Noon at the corner of Linden Avenue and Pine Avenue,in the grassy lot. SamTrans staff will be on site with blowups of the three alternatives,answer questions,and assist residents to complete the Reimagine SamTrans survey.The Library is assisting with translation services and supplies and/or photocopies for the event. The public is invited to submit feedback to SamTrans until May 31, 2021 through <https://www.reimaginesamtrans.com/alternatives/>.SamTrans has extended the public comment period for the June 5 town hall to ensure feedback from this town hall is considered. Staff Analysis of Proposed Alternatives Reimagine SamTrans aggregates each alternative based on specific themes: Alternative 1 emphasizes direct, high frequency access to places within the county. Alternative 2 aims to improve connections to rail and the county. Alternative 3 retains geographic coverage of service within the county. Alternative 1 seeks to improve route efficiency and frequency by modifying lengthy bus routes and discontinuing portions of routes where low ridership and demand exists. Notable bus route changes below: 1.Route 122 (South SF BART - Stonestown / SF State): To improve on-time performance and improve frequency on the northern half of the route with stronger ridership, Route 122 would be split at the Colma BART Station. The northern segment would operate every 15 minutes during the daytime on weekdays. The southern segment would operate as a new Route 125 with service every 30 minutes all day, seven days a week. Every existing Route 122 stop would continue to have service. 2.Route 130:Retain existing coverage and extend bus service to the East of 101 area (Genentech/DNA Way or Oyster Point). 3.Route 292:Continues this service,however the route stops at the San Mateo County line (instead of continuing into San Francisco as currently operated). Alternative 2 seeks to remove duplicate services on some routes and provides new service to previously unserved areas of the City (Oyster Point and Genentech Campus areas).None of the discontinued segments are in South San Francisco. Notable bus route changes below: 1.NEW Route 126 (Oyster Point Shuttle) o Establishes a new bus route which would run every 15 minutes during the weekday AM and PM peak commute periods (6:30-9:30 am and 4:00-7:00 pm), and every 30 minutes during midday (9:30 am-4 pm) on weekdays. During the weekend, service runs every 30 minutes from 6-7pm. No evening/late night service. o Route 126 would improve access to jobs in Oyster Point and provide access to the neighborhoods along Sister Cities Boulevard, Hillside Boulevard, and Chestnut Avenue that do not currently have service. City of South San Francisco Printed on 5/20/2021Page 2 of 4 powered by Legistar™ File #:21-400 Agenda Date:5/26/2021 Version:1 Item #:18. 2.Route 130 (Daly City BART - Airport/Linden) o Alternative 2 retains existing service frequency during weekdays and weekends. o Route 130 service on Linden Avenue would be removed but would be replaced with Route 141. o Route 130 would include a new extension into Oyster Point via Grand Avenue and DNA Way, providing more direct access to the South San Francisco Caltrain Station in addition to jobs at Oyster Point. o On weekends, Route 130 would end at the South San Francisco Caltrain station. o Route 130 would operate until midnight on weekends. 3.Route 292: Continues as currently designed, providing service into San Francisco. Alternative 3 largely retains existing coverage and services Notable bus route changes below: 1.Route 120 (Colma BART - Brunswick / Templeton) o Shorten Route 120 to end at Daly City BART and stops serving South Hill to avoid duplicating service with Routes 121, ECR, and Muni 14R. Routes 121, ECR, and Muni 14R would continue to serve all stops affected by shortening Route 120. o Combine Routes 120 and 130 at Serramonte Center, so that more Daly City residents have a direct connection to South San Francisco, Oyster Point, and the SFO Airport. From Serramonte. Route 120 would follow the existing Route 130 alignment until Linden Avenue, where it would extend to the SFO Airtrain station via Grand Avenue, S. Airport Boulevard, and McDowell Road. o Route 120 would no longer connect Colma BART and Serramonte, but this connection would be provided by multiple other routes, including Routes 121, 122, and the northern portion of Route 130. 2.Route 140 (new East of 101 service): Route 140 would be extended to South San Francisco and Oyster Point, and duplicative Route 141 would be discontinued. All existing Route 141 stops between South San Francisco and San Bruno BART would continue to have service on the new Route 140. The existing Bay Hill Shuttle provides weekday rush hour service on a portion of the existing Route 141 and could possibly serve additional areas in the future, such as Shelter Creek. 3.Route 292: Continues as currently designed, providing service into San Francisco. Staff Recommendations Taken as a whole, Alternative 2 would provide the maximum amount of benefit to the City by ·Creating new shuttles from the South San Francisco BART station to Oyster Point. City of South San Francisco Printed on 5/20/2021Page 3 of 4 powered by Legistar™ File #:21-400 Agenda Date:5/26/2021 Version:1 Item #:18. ·Adding new bus service to Oyster Point. ·Least amount of service discontinuation on existing bus routes and largely retains existing services, including Route 292 into San Francisco. Council need not endorse an entire alternative,however,and may give direction to advocate or oppose certain elements of any of the three alternatives. Project Timeline ·Spring 2021 (Current Phase): Public Outreach ·Summer 2021: Develop final bus alternatives. ·Fall 2021: Public Outreach on final plan. ·Winter 2021/early 2022: SamTrans Board adopts the new bus system. ·Summer 2022: Implementation of the new bus system. STRATEGIC PLAN The alternatives proposed under the Reimagine SamTrans project helps achieve the following goals/objectives of the City’s Strategic Plan: ·Priority #2 Quality of Life -Multimodal Transportation Options and Pursue new shuttle routes and “last mile” solutions FISCAL IMPACT No fiscal impact on the General Fund have been identified as this project is a preliminary planning study at the County level. CONCLUSION Staff recommends that the City Council consider the proposed alternatives and authorize the City Manager to submit a letter of support for one of the alternatives proposed under the Reimagine SamTrans project. Attachments: A - Reimagine SamTrans - Overview of Bus Network Alternatives, April 2021 B - Reimagine SamTrans - Bus Route Changes by Alternatives City of South San Francisco Printed on 5/20/2021Page 4 of 4 powered by Legistar™ Reimagine SamTrans Overview of Bus Network Alternatives April 2021 Agenda Project Goals and Timeline Introducing the Alternatives Public Input Questions/Discussion 2 Revisiting Our Project Goals 3 Improve the experience for existing SamTrans customers Grow new and more frequent ridership on SamTrans Build SamTrans’ efficiency and effectiveness as a mobility provider The goals of Reimagine SamTrans are to … More important than ever How does Covid-19 impact our project purpose? New is harder than before —uncertainty around this market More frequent still possible More important to be efficient and effective with resources — has effectiveness changed? Project Timeline 4 We’re here Informing the Alternatives 5 Existing conditions What’s working and not working for SamTrans? Public outreach What are the community’s priorities for SamTrans? Market research What are rider and non-rider perceptions and desires? Alternatives Three bus network alternatives for the public to comment on THE ALTERNATIVES Guiding principles and shared objectives Overview of the alternatives What Are Our Guiding Principles? Employ customer-focused decision-making Design service that can be reasonably delivered by our workforce Provide transportation services that support principles of social equity Be an effective mobility provider Customer Focus Workforce Delivery Social EquityEffective Mobility What are the objectives of all three alternatives? Reliability Connections Less Duplication Address reliability and on-time performance Improve connections at county and regional hubs Reduce route duplication within our system Scheduling Equity Efficiency More efficient scheduling to reduce costs and maximize resources Add or improve service in high-need areas More efficient resource allocation, such as using all capacity on school-related routes What are the themes of our three alternatives? 9 Alternative 1: Emphasize direct, high frequency access to places within the county Alternative 2: Improve connections to rail and the region Alternative 3: Retain geographic coverage of service within the county Alt 1: Direct, high-frequency service within the county 10 Implications by service type… School-related service: Modest reduction Local service: Neutral –modest reduction Frequent service: Moderate increase Express service: Neutral –moderate reduction Overall Changes: Seven routes with service every 15 minutes all day, seven days a week Service into Oyster Point from Daly City, SSF, San Bruno East Palo Alto to SFO/San Bruno BART limited stop route All service into downtown SF truncated near county line Routes 292 and ECR split into two routes to improve reliability and increase frequency in busiest areas Areas with low ridership targeted for service reductions Alt 1 | System Map Comparison EXISTING ALTERNATIVE 1 Alt 2: Expanded connections to rail and the region 12 Overall Changes: •Expanded service to Colma BART, Millbrae BART/Caltrain, Hillsdale Caltrain, Redwood City Station •Two new routes into Oyster Point •Expanded service to community colleges •Three routes into downtown SF –Route 292 and two express routes from San Mateo and Foster City (FCX) •Areas with low ridership targeted for service reductions Implications by service type… School-related service: Modest reduction Local service: Moderate –significant increase Frequent service: Neutral Express service: Moderate -significant increase Alt 2 | System Map Comparison ALTERNATIVE 2EXISTING Alt 3: Retain geographic service coverage 14 Overall Changes: •Eleven routes with better midday and weekend service •Connections between East Palo Alto and Stanford, Daly City and SFO •Microtransit zones for East Palo Alto, Foster City, Millbrae and mid - Coast/Half Moon Bay •Fully restore FCX express •Fewer transfers, more one-seat rides to key destinations Likely implications by service type… School-related service: Modest reduction Local service: Neutral –moderate increase Frequent service: Neutral Express service: Significant reduction Alt 3 | System Map Comparison EXISTING ALTERNATIVE 3EXISTING Does the alternative … How do the alternatives compare? Customer Focus Address key themes of rider feedback ●●●●●●●●● Add more midday and weekend service ●●●●●●●●● Add frequency ●●●●●●●●● Workforce Delivery Reduce pressure on peak service delivery ●●●●●●●●● Reduce split shifts ●●●●●●●●● Effective Mobility Have the potential to increase ridership ●●●●●●●●● Leverage other transportation investments (101 Managed Lanes, BART, Caltrain)●●●●●●●●● Add faster routes with fewer stops ●●●●●●●●● Provide service to new areas ●●●●●●●●● Increase percentage of people with access to high-frequency bus service ●●●●●●●●● Social Equity Increase access to places within 45 minutes on transit from equity zones ●●●●●●●●● Increase share of residents in equity zones with high frequency service ●●●●●●●●● 1 2 3 PUBLIC INPUT Public Input through May 31, 2021 18 Ways to participate: –Visit www.reimaginesamtrans.com –Review route alternatives and take a survey –Talk to staff during a live social media event or virtual Q&A session –Meetings with stakeholder groups –Limited in-person pop-up events Attend a Virtual Public Meeting Mid-County: Thurs, April 29 –5:30-6:30 PM –Languages: Spanish and Mandarin Coastside: Wed, May 5 –5:30-6:30 PM –Languages: Spanish, Mandarin, and Cantonese South County: Wed, May 12 –5:30-6:30 PM –Languages: Spanish and Mandarin North County: Tues, May 18 –5:30-6:30 PM –Languages: Spanish, Mandarin, and Cantonese Get all meeting information at www.reimaginesamtrans.com/get -involved Review and Comment on Proposals Visit www.reimaginesamtrans.com/alternatives Click here What comes next? 21 We’re here Thank you! Reimagine SamTrans Alternatives Route 120 – Colma BART - Brunswick / Templeton Existing Service Route 120 is one of SamTrans’ highest ridership and most productive routes. It operates every 15 minutes or better seven days a week. Public input suggested that on-time performance could be improved on Route 120. Possible Changes Alt 1: Direct, high-frequency service within the county This option shortens Route 120 to end at Daly City BART removing service to the South Hill area to avoid duplicating service with Routes 121, ECR, and Muni 14R. Routes 121, ECR, and Muni 14R would continue to serve all stops that would be affected by shortening Route 120. Route 120 would operate more frequently, running every 10 minutes between 2 p.m. and 4 p.m. In addition, frequency would be increased to every 15 minutes all day on weekdays and weekends. Evening service levels more than double seven days a week. Alt 2: Improved connections to rail and the region Route 120 would be extended to Mission Hills Park, the existing turnaround for Route 121, improving access to this residential neighborhood. Service frequency and hours of service would not change. A corresponding recommendation would be to shorten Route 121 to end at Daly City BART. Alt 3: Retain geographic coverage This option shortens Route 120 to end at Daly City BART and stops serving South Hill to avoid duplicating service with Routes 121, ECR, and Muni 14R. Routes 121, ECR, and Muni 14R would continue to serve all stops affected by shortening Route 120. This option also combines Routes 120 and 130 at Serramonte Center, so that more Daly City residents have a direct connection to South San Francisco, Oyster Point, and the SFO Airport. From Serramonte, Route 120 would follow the existing Route 130 alignment until Linden Avenue, where it would extend to the SFO Airtrain station via Grand Avenue, S. Airport Boulevard, and McDowell Road. Route 120 would no longer connect Colma BART and Serramonte, but this connection would be provided by multiple other routes, including Routes 121, 122, and the northern portion of Route 130. Existing and Proposed Hours of Service Weekday Saturday Sunday Existing 4:00 AM-12:00 AM 6:15 AM-11:45 PM 6:15 AM-11:15 PM Alt 1 4:00 AM-12:00 AM 6:15 AM-11:45 PM 6:15 AM-11:15 PM Alt 2 4:00 AM-12:00 AM 6:15 AM-11:45 PM 6:15 AM-11:15 PM Alt 3 4:00 AM-12:00 AM 6:15 AM-11:45 PM 6:15 AM-11:15 PM Daly CityBART Station PostOffice PanoramaElementarySchool WestmoorHigh School SerramonteCenter 280 MetroCenter Colma BART Station San FranciscoInternationalAirport SkylinePlazaShoppingPlaza WestlakeShoppingCenter State Hwy 1St a t e Hw y 8 2 Us Hwy 101Hill s i d e B l v d Mission St Mission StMi s s i o n R d Baden Av eSouthgate AveGrand Av e Grand Av e E Grand A v eAc t o n S t St Francis BlvdBellevue Av e Frankfort St John Daly Bl v d San Brun o A v e E Alb e r t M . T e g l i a B l v d El C a m i n o R e a l Gateway BlvdS A i r po r t B l vdPope StBrunswick St Hillcrest Dr De Long StHickey BlvdLake Me rced B lvd Park P laza D r Littlefield AveEl C a m i n o R e a l Serramonte Blvd Southgat e A v e Southgate AveHill StI 380J u n i p e r o S e r r a B l v d I 2 8 0 Daly City Pacifica San Bruno San Francisco Colma Brisbane South San Francisco Data Sources: xxxxxxxxxxxxxxx 0 0.5 1 Miles Daly CityBART Station PostOffice PanoramaElementarySchool WestmoorHigh School SerramonteCenter 280 MetroCenter Colma BART Station San FranciscoInternationalAirport SkylinePlazaShoppingPlaza WestlakeShoppingCenter State Hwy 1St a t e Hw y 8 2 Us Hwy 101Hill s i d e B l v d Mission St Mission StMi s s i o n R d Baden Av eSouthgate AveGrand Av e Grand Av e E Grand A v eAc t o n S t St Francis BlvdBellevue Av e Frankfort St John Daly Bl v d San Brun o A v e E Alb e r t M . T e g l i a B l v d El C a m i n o R e a l Gateway BlvdS A i r po r t B l vdPope StBrunswic k St Hillcrest Dr De Long StHickey BlvdLake Me rced B lvd Park P laza D r Littlefield AveEl C a m i n o R e a l Serramonte Blvd Southgat e A v e Southgate AveHill StI 380J u n i p e r o S e r r a B l v d I 2 8 0 Daly City Pacifica San Bruno San Francisco Colma Brisbane South San Francisco Data Sources: xxxxxxxxxxxxxxx 0 0.5 1Miles Daly CityBART Station PostOffice PanoramaElementarySchool WestmoorHigh School SerramonteCenter 280 MetroCenter Colma BART Station San FranciscoInternationalAirport SkylinePlazaShoppingPlaza WestlakeShoppingCenter State Hwy 1St a t e Hw y 8 2 Us Hwy 101Hill s i d e B l v d Mission St Mission StMi s s i o n R d Baden Av eSouthgate AveGrand Av e Grand Av e E Grand A v eAc t o n S t St Francis BlvdBellevue Av e Frankfort St John Daly Bl v d San Brun o A v e E Alb e r t M . T e g l i a B l v d El C a m i n o R e a l Gateway BlvdS A i r po r t B l vdPope StBrunswic k St Hillcrest Dr De Long StHickey BlvdLake Me rced B lvd Park P laza D r Littlefield AveEl C a m i n o R e a l Serramonte Blvd Southgat e A v e Southgate AveHill StI 380J u n i p e r o S e r r a B l v d I 2 8 0 Daly City Pacifica San Bruno San Francisco Colma Brisbane South San Francisco Data Sources: xxxxxxxxxxxxxxx 0 0.5 1Miles Route No.Day Peak Hora Pico 高峰 Midday Mediodía 中午 Evening Noche 晚上 6-9am 3-7pm 9am-3pm 7pm-12am Rt 120 Existing Existente 现有 Weekday Día Entre Semana 平日 10-15 15 30 Saturday Sábado周六 15 15 45 Sunday Domingo 周日 15 15 45 Rt 120 Alt 选择 1 Weekday Día Entre Semana 平日 10-15 10-15 15 Saturday Sábado周六 15 15 15 Sunday Domingo 周日 15 15 15 Rt 120 Alt 选择 2 Same frequency as existing Igual frecuencia que la existente 跟现有频率相同 Rt 120 Alt 选择 3 Same frequency as existing Igual frecuencia que la existente 跟现有频率相同 Frequency (min) Frecuencia (minuto) 频率(分钟) Existing Alternative 3 Existing Alternative 1 ExistingAlternative 2 Alternative 1 Alternativa 1 选择1 Alternative 3 Alternativa 3 选择3 Alternative 2 Alternativa 2 选择2 Reimagine SamTrans Alternatives 重塑 SamTrans Reimagina las Alternativas de SamTrans Route 120 - Brunswick / Templeton - Colma BART Reimagine SamTrans Alternatives Route 122 – South SF BART - Stonestown / SF State Existing Service Route 122 is a long route that serves many areas with average ridership. There were requests for earlier and more frequent service on weekends. Possible Changes Alt 1: Direct, high-frequency service within the county To improve on-time performance and improve frequency on the northern half of the route with stronger ridership, Route 122 would be split at the Colma BART Station. The northern segment would operate every 15 minutes during the daytime on weekdays. The southern segment would operate as a new Route 125 with service every 30 minutes all day, seven days a week. Every existing Route 122 stop would continue to have service. Alt 2: Improved connections to rail and the region The existing route would continue to operate with no changes. Alt 3: Retain geographic coverage The existing route would continue to operate with no changes. Existing and Proposed Hours of Service Weekday Saturday Sunday Existing 5:15 AM-11:15 PM 8:00 AM-11:45 PM 8:00 AM-11:45 PM Alt 1 5:15 AM-11:15 PM 8:00 AM-11:45 PM 8:00 AM-11:45 PM Alt 2 5:15 AM-11:15 PM 8:00 AM-11:45 PM 8:00 AM-11:45 PM Alt 3 5:15 AM-11:15 PM 8:00 AM-11:45 PM 8:00 AM-11:45 PM S.F. State University Stonestown Galleria DoelgerSenior Center WestlakeShopping Center Colma BART Station Seton Medical Center Serramonte Center King Plaza Shopping Center Westborough SquareShopping Center BuriBuriShopping Center Kaiser Hospital South San Francisco BART Station Serra Center I 2 8 0 St a t e H w y 3 5 Gell e r t B l v d 87th St G e l l e r t B l v dLake Merced BlvdKing Dr I 380J un i p e r o S e r r a B l v d J u n i p e r o S e r r a B l v dJunipero Serra BlvdWestborough BlvdShannon DrSha n n o n D r Arroyo DrHill StO a k m o n t D r F S t Washington St Maddux Dr Southga t e A v e Winston Dr Winston Dr Buckingham Way 19th AveSouthgat e A v e Sullivan AveSan Pedro RdSerramonte BlvdEl C a m i n o R e a lState Hwy 1San Francisco Pacifica Colma Brisbane Daly City South San Francisco San Bruno Data Sources: xxxxxxxxxxxxxxx 0 0.45 0.9 Miles S.F. State University Stonestown Galleria DoelgerSenior Center WestlakeShopping Center Colma BART Station Seton Medical Center Serramonte Center King Plaza Shopping Center Westborough SquareShopping Center BuriBuriShopping Center Kaiser Hospital South San Francisco BART Station Serra Center I 2 8 0 St a t e H w y 3 5 Gell e r t B l v d 87th St G e l l e r t B l v dLake Merced BlvdKing Dr I 380J un i p e r o S e r r a B l v d J u n i p e r o S e r r a B l v dJunipero Serra BlvdWestborough BlvdShannon DrSha n n o n D r Arroyo DrHill StO a k m o n t D r F S t Washington St Maddux Dr Southga t e A v e Winston Dr Winston Dr Buckingham Way 19th AveSouthgat e A v e Sullivan AveSan Pedro RdSerramonte BlvdEl C a m i n o R e a lState Hwy 1San Francisco Pacifica Colma Brisbane Daly City South San Francisco San Bruno Data Sources: xxxxxxxxxxxxxxx 0 0.45 0.9 Miles S.F. State University Stonestown Galleria DoelgerSenior Center WestlakeShopping Center Colma BART Station Seton Medical Center Serramonte Center King Plaza Shopping Center Westborough SquareShopping Center BuriBuriShopping Center Kaiser Hospital South San Francisco BART Station Serra Center I 2 8 0 St a t e H w y 3 5 Gell e r t B l v d 87th St G e l l e r t B l v dLake Merced BlvdKing Dr I 380J un i p e r o S e r r a B l v d J u n i p e r o S e r r a B l v dJunipero Serra BlvdWestborough BlvdShannon DrSha n n o n D r Arroyo DrHill StO a k m o n t D r F S t Washington St Maddux Dr Southgat e A v e Winston Dr Winston Dr Buckingham Way 19th AveSouthgat e A v e Sullivan AveSan Pedro RdSerramonte BlvdEl C a m i n o R e a lState Hwy 1San Francisco Pacifica Colma Brisbane Daly City South San Francisco San Bruno Data Sources: xxxxxxxxxxxxxxx 0 0.45 0.9 Miles Route No.Day Peak Hora Pico 高峰 Midday Mediodía 中午 Evening Noche 晚上 6-9am 3-7pm 9am-3pm 7pm-12am Rt 122 Existing Existente 现有 Weekday Día Entre Semana 平日 30 30 30 Saturday Sábado周六 30 30 30 Sunday Domingo 周日 30 30 30 Rt 122 Alt 选择 1 Weekday Día Entre Semana 平日 15 15 30 Saturday Sábado周六 30 30 30 Sunday Domingo 周日 30 30 30 Rt 125 Alt 选择 1 Weekday Día Entre Semana 平日 30 30 30 Saturday Sábado周六 30 30 30 Sunday Domingo 周日 30 30 30 Rt 122 Alt 选择 2 Same frequency as existing Igual frecuencia que la existente 跟现有频率相同 Rt 122 Alt 选择 3 Same frequency as existing Igual frecuencia que la existente 跟现有频率相同 122 122122 125 Frequency (min) Frecuencia (minuto) 频率(分钟) Existing Alternative 3 Existing Alternative 1 ExistingAlternative 2 Alternative 1 Alternativa 1 选择1 Alternative 3 Alternativa 3 选择3 Alternative 2 Alternativa 2 选择2 Reimagine SamTrans Alternatives 重塑 SamTrans Reimagina las Alternativas de SamTrans Route 122 - South SF BART - Stonestown / SF State Reimagine SamTrans Alternatives New: Route 126 – South SF BART - Oyster Point Existing Service Route 126 would be a new route that connects South San Francisco BART to Oyster Point. Oyster Point has redeveloped into an employment hub and is now a regional destination. An employer shuttle connects South San Francisco BART with Oyster Point, but it does not provide all-day service. Possible Changes Alt 1: Direct, high-frequency service within the county This route would not exist in this alternative. Alt 2: Improved connections to rail and the region Route 126 would run every 15 minutes between 6:30 to 9:30 am and 4:00 to 7:00 pm, and every half hour between 9:30 am to 4 pm on weekdays. Route 126 would improve access to jobs in Oyster Point and provide access to the neighborhoods along Sister Cities Boulevard, Hillsdale Boulevard, and Chestnut Avenue that do not have service. Alt 3: Retain geographic coverage This route would not exist in this alternative. Existing and Proposed Hours of Service Weekday Existing - Alt 1 - Alt 2 6:00 AM-7:00 PM Alt 3 - Us Hwy 101I 2 8 0 Mi s s i o n R d Grand Ave Sierra Point PkwyChestnut AveSisters C i t i e s B l v d Oyster Point Blvd Ba r tMc Lellan DrMarina Blvd S t a t e Hw y 8 2 Oyster Point BlvdI 380South San Francisco Brisbane San Bruno Colma Daly City South San Francisco BART Oyster Point Marina Data Sources: xxxxxxxxxxxxxxx 0 0.35 0.7 Miles Route No.Day Peak Hora Pico 高峰 Midday Mediodía 中午 Evening Noche 晚上 6-9am 3-7pm 9am-3pm 7pm-12am Oyster Alt 选择 2 Weekday Día Entre Semana 平日 15 -- Saturday Sábado周六 30 30 - Sunday Domingo 周日 30 30 -Existing Alternative 2 Frequency (min) Frecuencia (minuto) 频率(分钟) Alternative 2 Alternativa 2 选择2 Reimagine SamTrans Alternatives 重塑 SamTrans Reimagina las Alternativas de SamTrans Route 126 - Oyster Point Shuttle Reimagine SamTrans Alternatives Route 130 – Daly City BART - Airport / Linden Existing Service Route 130 is a very productive route with strong all-day ridership. Public input suggested that transfers between BART and buses could be improved and that later evening service seven days a week was desired. Possible Changes Alt 1: Direct, high-frequency service within the county Route 130 would be extended to Oyster Point to improve access to jobs, but only run as far north as the neighborhood east of Hillsdale Boulevard after serving the Colma BART Station. The portion of the existing Route 130 between E. Market Street and Daly City BART would have more frequent all-day service from Route ECR but require a short walk to Mission Street. Route 130 would operate more frequently on the weekends, running every 15 minutes during the daytime, seven days a week, and would operate until midnight on weekends. Alt 2: Improved connections to rail and the region On weekdays, Route 130 would extend to Oyster Point via Grand Avenue and DNA Way, providing more direct access to the South San Francisco Caltrain Station in addition to jobs at Oyster Point. On weekends, Route 130 would end at the South San Francisco Caltrain station. Route 130 would no longer serve Linden Avenue, but Route 141 would continue to serve this area. Route 130 would operate until midnight on weekends. Alt 3: Retain geographic coverage In this alternative, Route 130 would operate between Daly City BART and Serramonte only. Route 120 would continue to serve all existing Route 130 stops between Serramonte and Linden Avenue with more frequent and later service, and extend to Oyster Point and SFO Airport. Existing Route 130 riders on Linden Avenue would continue to have access to service on Route 141. Route 130 would operate until 10 p.m. on weekends. Existing and Proposed Hours of Service Weekday Saturday Sunday Existing 4:30 AM-12:00 AM 7:00 AM-8:00 PM 7:00 AM-8:00 PM Alt 1 4:30 AM-12:00 AM 5:00 AM-12:00 AM 5:00 AM-12:00 AM Alt 2 4:30 AM-12:00 AM 5:00 AM-12:00 AM 5:00 AM-12:00 AM Alt 3 4:30 AM-12:00 AM 7:00 AM-10:00 PM 7:00 AM-10:00 PM Daly CenterBART Station Colma BART Station SerramonteCenter South San FranciscoBART Station Alta Loma Middle School OysterPointMarina OysterCoveMarina SFO AirTrain StationRental Car CenterSt a t e Hw y 8 2 St a t e H w y 3 5 Linden AveHickey Blvd Mission R dHoffman StMission St SerramonteBlvd Market St 7th AveD St Alb e r t M . T e g l i a B l v d Highway 101Gateway BlvdEl C a m i n o R e a l El C a m i n o R e a l B a r t S t John Daly Bl v d San Jose AveWy a n d o t t e A v e Ab b o t A v e Oyster Point Blvd Ora n g e S t Alemany BlvdHillside BlvdDna WaySan Pedro RdE Gr a n d A v eDe Long StArm o u r A v e Lind e n A v eGellert BlvdHill StSullivan AveState Hwy 1I 380Daly City Brisbane San Bruno Colma Pacifica San Francisco South San Francisco Data Sources: xxxxxxxxxxxxxxx 0 0.5 1 Miles Daly CenterBART Station Colma BART Station SerramonteCenter South San FranciscoBART Station Alta Loma Middle School OysterPointMarina OysterCoveMarina SFO AirTrain StationRental Car CenterSt a t e Hw y 8 2 St a t e H w y 3 5 Linden AveHickey Blvd Mission R dHoffman StMission St SerramonteBlvd Market St 7th AveD St Alb e r t M . T e g l i a B l v d Highway 101Gateway BlvdEl C a m i n o R e a l El C a m i n o R e a l B a r t S t John Daly Bl v d San Jose AveWy a n d o t t e A v e Ab b o t A v e Oyster Point Blvd Ora n g e S t Alemany BlvdHillside BlvdDna WaySan Pedro RdE Gr a n d A v eDe Long StArm o u r A v e Lind e n A v eGellert BlvdHill StSullivan AveState Hwy 1I 380Daly City Brisbane San Bruno Colma Pacifica San Francisco South San Francisco Data Sources: xxxxxxxxxxxxxxx 0 0.5 1 Miles Route No.Day Peak Hora Pico 高峰 Midday Mediodía 中午 Evening Noche 晚上 6-9am 3-7pm 9am-3pm 7pm-12am Rt 130 Existing Existente 现有 Weekday Día Entre Semana 平日 15 15 30 Saturday Sábado周六 30 30 30 Sunday Domingo 周日 30 30 30 Rt 130 Alt 选择 1 Weekday Día Entre Semana 平日 15 15 30 Saturday Sábado周六 15 15 30 Sunday Domingo 周日 15 15 30 Rt 130 Alt 选择 2 Same frequency as existing Igual frecuencia que la existente 跟现有频率相同 Rt 130 Alt 选择 3 Same frequency as existing Igual frecuencia que la existente 跟现有频率相同 Daly CenterBART Station Colma BART Station SerramonteCenter South San FranciscoBART Station Alta Loma Middle School OysterPointMarina OysterCoveMarina SFO AirTrain StationRental Car CenterSt a t e Hw y 8 2 St a t e H w y 3 5 Linden AveHickey Blvd Mission R dHoffman StMission St SerramonteBlvd Market St 7th AveD St Alb e r t M . T e g l i a B l v d Highway 101Gateway BlvdEl C a m i n o R e a l El C a m i n o R e a l Ba r t S t John Daly Bl v d San Jose AveWy a n d o t t e A v e Ab b o t A v e Oyster Point Blvd Ora n g e S t Alemany BlvdHillside BlvdDna WaySan Pedro RdE Gr a n d A v eDe Long StArm o u r A v e Lind e n A v eGellert BlvdHill StSullivan AveState Hwy 1I 380Daly City Brisbane San Bruno Colma Pacifica San Francisco South San Francisco Data Sources: xxxxxxxxxxxxxxx 0 0.5 1 Miles 130 120 Frequency (min) Frecuencia (minuto) 频率(分钟) Existing Alternative 3 Existing Alternative 1 ExistingAlternative 2 Alternative 1 Alternativa 1 选择1 Alternative 3 Alternativa 3 选择3 Alternative 2 Alternativa 2 选择2 Reimagine SamTrans Alternatives 重塑 SamTrans Reimagina las Alternativas de SamTrans Route 130 - Daly City BART - Airport / Linden Reimagine SamTrans Alternatives 重塑 SamTrans Reimagina las Alternativas de SamTransRoutes 37/39 Routes 37 and 39 both serve Alta Loma Middle School. Route 37 serves neighborhoods east of El Camino Real and Route 39 serves neighborhoods west of El Camino Real. Neither route carries a full load of passengers. The proposal for these routes improves efficiency and maintains service for nearly all areas and riders. Routes 37 and 39 would be consolidated into one route that preserves the direct connection between South San Francisco neighborhoods and Alta Loma Middle school. The proposed consolidated route would serve Route 39 stops west of El Camino Real before serving Route 37 stops east of El Camino Real. All high ridership stops would continue to have service. Riders who use stops along Orange Avenue west of El Camino Real would need to board at Orange Avenue and Fairway or walk to Camaritas Avenue and Arroyo Drive. Travel time for existing Route 37 riders would be up to ten minutes longer. Route 39 riders would not see a change to their trips. 37 路和 39 路均为 Alta Loma Middle School 提供公交服务。37 路服务于 El Camino Real 以东的社区,39 路则服务于 El Camino Real 以西的社区。这两条线路的客流量均未满载。 公众提议提高这两条线路的运输效率,同时希望这两条线路尽量保持面向现有区域和乘客的服务。37 路和 39 路将合并为一条线路,同时保留南旧金山社区和 Alta Loma Middle School 之间的直达班次。拟议合并的线路将先服务于 39 路 El Camino Real 以西的站点,然后再为 37 路 El Camino Real 以东的站点提供服务。 所有高客流量站点将继续为乘客提供服务。在 El Camino Real 以西 Orange Avenue 沿路站点搭乘的乘客需要在 Orange Avenu 和 Fairway 上车,或是步行至 Camaritas Avenue 和 Arroyo Drive。 目前搭乘 37 路的乘客,其行程时间将延长不超过 10 分钟。搭乘 39 路的乘客将不会受到任何影响。 Las Rutas 37 y 39 brindarían servicio a Alta Loma Middle School. La Ruta 37 brinda servicio a las comunidades del este de El Camino Real y la Ruta 39 brinda servicio a las comunidades al oeste de El Camino Real. Ninguna de las rutas transporta una carga completa de pasajeros. La propuesta en estas rutas mejora la eficiencia y conserva el servicio en casi todas las áreas para casi todos los pasajeros. Las Rutas 37 y 39 serían consolidadas en una sola ruta que conservaría la conexión directa entre las comunidades de South San Francisco y Alta Loma Middle School. La ruta consolidada propuesta brindaría servicio a las paradas de la Ruta 39 al oeste de El Camino Real antes de brindar servicio a las paradas de la Ruta 37 al este de El Camino Real. Todas las paradas con alto volumen de pasajeros continuarían recibiendo servicio. Los pasajeros que usan las paradas ubicadas a lo largo de Orange Avenue al oeste de El Camino Real tendrían que abordar en Orange Avenue y Fairway o caminar a Camaritas Avenue y Arroyo Drive. Los tiempos de recorrido de los pasajeros de la Ruta 37 actual serían hasta 10 minutos más largos. Los pasajeros de la Ruta 39 no verían ningún cambio en sus recorridos. " ALTA LOMA MIDDLE SCHOOL I 2 8 0 St a t e Hw y 8 2 Hazelwood NorthwoodValenciaPonderosa F a i rw a yEl C am i no R e a lWe s t O r a n g e OrangeGrand LindenHi l l s i d e Cam a r i t a s De l M o n t e Comm u r I 380Us Hwy 101Colma San Bruno Brisbane South San Francisco Daly City Data Sources: xxxxxxxxxxxxxxx 0 0.25 0.5 Miles Existing Rt 39 Existing Rt 37 Alternative 37/39 Reimagine SamTrans Alternatives Route 141 – Airport / Linden - Shelter Creek Existing Service Route 141 is slightly below average in terms of ridership and productivity. Ridership is high between San Bruno BART Station and South San Francisco. Multiple school trips are added on school days. Public input included requests for later evening service and more frequent weekend service. Possible Changes Alt 1: Direct, high-frequency service within the county This option discontinues the segment of the route between San Bruno BART and Shelter Creek Drive due to low ridership. The existing Bay Hill Shuttle provides weekday rush hour service on a portion of the route that would be discontinued and could possibly serve additional areas in the future, such as Shelter Creek. In this alternative, Route 141 would operate more frequently, every 15 minutes, seven days a week on the segment between San Bruno BART and South San Francisco. The route would also operate later service, running until 10:30 p.m. seven days a week. All Route 141 trips that operate only on school days would be renamed as Route 41. Alt 2: Improved connections to rail and the region This alternative is the same as Alternative 1, except service would only run every 30 minutes, seven days a week, and it would run until 10:00 p.m. seven days a week. All Route 141 trips that operate only on school days would be renamed as Route 41. Alt 3: Retain geographic coverage In conjunction with extending Route 140 to South San Francisco and Oyster Point, Route 141 would be discontinued. All existing Route 141 stops between South San Francisco and San Bruno BART would continue to have service on the new Route 140. The existing Bay Hill Shuttle provides weekday rush hour service on a portion of the existing Route 141 and could possibly serve additional areas in the future, such as Shelter Creek. All Route 141 trips that operate only on school days would be renamed as Route 41. Existing and Proposed Hours of Service Weekday Saturday Sunday Existing 6:30 AM-7:30 PM 7:00 AM-7:15 PM 7:00 AM-7:15 PM Alt 1 6:30 AM-10:30 PM 7:00 AM-10:30 PM 7:00 AM-10:30 PM Alt 2 6:30 AM-10:00 PM 7:00 AM-10:00 PM 7:00 AM-10:00 PM Alt 3 Replaced by 140 Replaced by 140 Replaced by 140 City Hall San Bruno BART Station The Shops at Tanforan I 2 8 0 Ch e r r y A v e Us Hwy 101St a t e Hw y 8 2 I 380Grand Av e Arm o u r A v e Linde n A v e Spruce AveJenevein Ave Old Baysho re HwyHun t i n g t on A v e Hun t in g to n A v e Linden AveSan Bruno Ave W San Mateo AveS h e l t e r C r e e k L n I 2 8 0 San Bruno South San Francisco Data Sources: xxxxxxxxxxxxxxx 0 0.2 0.4Miles City Hall San Bruno BART Station The Shops at Tanforan I 2 8 0 Ch e r r y A v e Us Hwy 101St a t e Hw y 8 2 I 380Grand Av e Arm o u r A v e Linde n A v e Spruce AveJenevein Ave Old Bayshore HwyHun t in g to n A v e Hu n t i n g t o n A v e Linden AveSan Bruno Ave W San Mateo AveS h e l t e r C r e e k L n I 2 8 0 San Bruno South San Francisco Data Sources: xxxxxxxxxxxxxxx 0 0.2 0.4Miles Route No.Day Peak Hora Pico 高峰 Midday Mediodía 中午 Evening Noche 晚上 6-9am 3-7pm 9am-3pm 7pm-12am Rt 141 Existing Existente 现有 Weekday Día Entre Semana 平日 30 30 30 Saturday Sábado周六 30 30 30 Sunday Domingo 周日 30 30 30 Rt 141 Alt 选择 1 Weekday Día Entre Semana 平日 15 15 30 Saturday Sábado周六 15 15 30 Sunday Domingo 周日 15 15 30 Rt 141 Alt 选择 2 Same frequency as existing Igual frecuencia que la existente 跟现有频率相同 141 140 Frequency (min) Frecuencia (minuto) 频率(分钟) Existing Alternative 3 Existing Alternative 1 Same alignment as Alternative 1 Igual alineación que la Alternativa 1 跟选择1路线相同 Alternative 1 Alternativa 1 选择1 Alternative 3 Alternativa 3 选择3 Alternative 2 Alternativa 2 选择2 Reimagine SamTrans Alternatives 重塑 SamTrans Reimagina las Alternativas de SamTrans Route 141 - Airport / Linden - Shelter Creek Reimagine SamTrans Alternatives Route 292 – San Francisco - Hillsdale Mall Existing Service Route 292 has average ridership but is a very long route, making on-time performance a challenge. Public input suggested that on-time performance and speed (due to too many stops) were issues. There were also requests for more frequent service. Possible Changes Alt 1: Direct, high-frequency service within the county This option makes two recommendations to improve reliability and frequency. Route 292 would be extended to serve the Millbrae BART station, and would split into two different routes at Millbrae. A new Route 293 between Hillsdale and Millbrae would serve the same stops, same frequency, and same service span as the existing Route 292. Route 292 would no longer travel to downtown San Francisco, but instead end at Bayshore. Muni Routes 8, 9, 9R, and T would continue to provide frequent and direct connections to downtown San Francisco and the Mission from the Bayshore connection point. With a shortened route, frequency on the Route 292 could be improved to operate every 15 minutes during peak and midday periods, seven days a week. This would improve access to SFO, BART and other destinations for residents and workers along the route. Route 292 would also replace Route SFO with more frequent service. Alt 2: Improved connections to rail and the region In this option, Route 292 would continue to operate in San Francisco but with fewer stops spaced approximately every half mile. This would reduce travel times for Route 292 riders. Frequency and hours of service would not change. Alt 3: Retain geographic coverage This option extends Route 292 to serve the Millbrae BART station. This would improve regional access to jobs, especially around SFO airport. In San Francisco, Route 292 would operate as a limited-stop service with stops approximately every half mile. Frequency and hours of service would not change. Existing and Proposed Hours of Service Weekday Saturday Sunday Existing 3:45 AM-2:45 AM 4:00 AM-2:30 AM 4:00 AM-2:15 AM Alt 1 Rte 292 and 293: 3:45 AM-2:45 AM Rte 293 and 293: 4:00 AM-2:30 AM Rte 292 and 293: 4:00 AM-2:15 AM Alt 2 3:45 AM-2:45 AM 4:00 AM-2:30 AM 4:00 AM-2:15 AM Alt 3 3:45 AM-2:45 AM 4:00 AM-2:30 AM 4:00 AM-2:15 AM Ferry Building/Amtrak San Francisco General Hospital Brisbane Park & Ride San Francisco International Airport Millbrae Transit Center Burlingame Caltrain Station Hillsdale Caltrain Station Hayward Park Caltrain Station San Mateo Caltrain Station SalesforceTransit Center Us Hwy 101St a t e H w y 8 2 Washington St Mission StPotrero AveBayshore B lvd D w i g h t R d Calif o r n i a D rDrumm StI 380Baysho r e B lvd N McDonne l l RdBroadwayE Millbrae AveE m b a r c a d e r o Old B a y s h o r e H w yS A i rp o r t B l vd Sa r a t o g a D rPeninsula AveAirport BlvdI 8010 t h S t 9t h S t Pacifica Oakland Alameda San Francisco San Mateo Daly City San Bruno Hillsborough South San Francisco Millbrae Foster City Burlingame Colma Redwood City BelmontHalf Moon Bay Data Sources: xxxxxxxxxxxxxxx 0 1 2 Miles Ferry Building/Amtrak San Francisco General Hospital Brisbane Park & Ride San Francisco International Airport Millbrae Transit Center Burlingame Caltrain Station Hillsdale Caltrain Station Hayward Park Caltrain Station San Mateo Caltrain Station SalesforceTransit Center Us Hwy 101St a t e H w y 8 2 Washington St Mission StPotrero AveBayshore B lvd D w i g h t R d Calif o r n i a D rDrumm StI 380Baysho r e B lvd N McDonne l l RdBroadwayE Millbrae AveE m b a r c a d e r o Old B a y s h o r e H w yS A i rp o r t B l vd Sa r a t o g a D rPeninsula AveAirport BlvdI 8010 t h S t 9t h S t Pacifica Oakland Alameda San Francisco San Mateo Daly City San Bruno Hillsborough South San Francisco Millbrae Foster City Burlingame Colma Redwood City BelmontHalf Moon Bay Data Sources: xxxxxxxxxxxxxxx 0 1 2 Miles Ferry Building/Amtrak San Francisco General Hospital Brisbane Park & Ride San Francisco International Airport Millbrae Transit Center Burlingame Caltrain Station Hillsdale Caltrain Station Hayward Park Caltrain Station San Mateo Caltrain Station SalesforceTransit Center Us Hwy 101St a t e H w y 8 2 Washington St Mission StPotrero AveBayshore B lvd D w i g h t R d Calif o r n i a D rDrumm StI 380Baysho re B l vd N McDonne l l RdBroadwayE Millbrae AveE m b a r c a d e r o Old B a y s h o r e H w yS A i rp o r t B l v d Sa r a t o g a D rPeninsula AveAirport BlvdI 8010 t h S t 9t h S t Pacifica Oakland Alameda San Francisco San Mateo Daly City San Bruno Hillsborough South San Francisco Millbrae Foster City Burlingame Colma Redwood City BelmontHalf Moon Bay Data Sources: xxxxxxxxxxxxxxx 0 1 2 Miles 293 292 292 292 Frequency (min) Frecuencia (minuto) 频率(分钟) Existing Alternative 3 Existing Alternative 1 ExistingAlternative 2 Route No.Day Peak Hora Pico 高峰 Midday Mediodía 中午 Evening Noche 晚上 6-9am 3-7pm 9am-3pm 7pm-12am Rt 292 Existing Existente 现有 Weekday Día Entre Semana 平日 15-30 30 60 Saturday Sábado周六 30 30 60 Sunday Domingo 周日 30 30 60 Rt 292 Alt 选择 1 Weekday Día Entre Semana 平日 15 15 30 Saturday Sábado 周六 30 30 60 Sunday Domingo 周日 30 30 60 Rt 293 Alt 选择 1 Weekday Día Entre Semana 平日 30 30 30 Saturday Sábado 周六 30 30 30 Sunday Domingo 周日 30 30 30 Rt 292 Alt 选择 2 Same frequency as existing Igual frecuencia que la existente 跟现有频率相同 Rt 292 Alt 选择 3 Same frequency as existing Igual frecuencia que la existente 跟现有频率相同 Alternative 1 Alternativa 1 选择1 Alternative 3 Alternativa 3 选择3 Alternative 2 Alternativa 2 选择2 Reimagine SamTrans Alternatives 重塑 SamTrans Reimagina las Alternativas de SamTrans Route 292 - San Francisco - Hillsdale Mall Reimagine SamTrans Alternatives Route ECR – Daly City BART - Palo Alto Transit Ctr Existing Service Route ECR is a productive route that accounts for a large part of SamTrans’ daily ridership. It is a very long route that takes over two hours to travel one-way, resulting in challenges with on-time performance. This route duplicates service provided by Caltrain and BART. Public input included requests for better reliability, more frequent service on weekend mornings, and earlier service to Palo Alto. Possible Changes Alt 1: Direct, high-frequency service within the county To improve reliability, the route would be split into two routes (ECR North and ECR South) at the Millbrae Transit Center. North of Millbrae, Route ECR North would operate every 10 minutes on weekdays and every 15 minutes on weekends. Route ECR South would operate every 15 minutes, seven days a week. In Daly City, Route ECR North would be modified to travel on Flourney Street, which would require a short walk to transfer to Muni Route 14, but would also reduce travel times from Mission Street to Daly City BART. For riders with longer trips, the limited-stop ECR Rapid service would be reintroduced between Redwood City and San Bruno BART. Riders who wish to avoid transferring at Millbrae could use the ECR Rapid. The ECR Rapid would operate seven days a week. Alt 2: Improved connections to rail and the region This alternative improves the speed and reliability of Route ECR by reducing the number of stops. Up to 30% of existing stops could be consolidated to ensure that most riders receive faster service. One-way travel times between Daly City and Palo Alto would be reduced by 10-15 minutes during peak times. About 10% of riders would need to walk further to a new stop but all riders would have faster, more reliable service. In Daly City, Route ECR would be modified to travel on Flourney Street. This would require a short walk to transfer to Muni Route 14 but would also reduce travel times from Mission Street to Daly City BART. Alt 3: Retain geographic coverage Under this alternative, Route ECR would be rescheduled to better reflect actual travel speeds. Hours of service and frequency would not change. In Daly City, Route ECR would be modified to travel on Flourney Street. This would require a short walk to transfer to Muni Route 14 but would also reduce travel times from Mission Street to Daly City BART. Existing and Proposed Hours of Service Weekday Saturday Sunday Existing 4:30 AM-1:30 AM 4:30 AM-2:30 AM 4:30 AM-2:30 AM Alt 1 ECR: 4:30 AM-1:30 AM Rapid: 6:30 AM-7:30 PM ECR: 4:30 AM-2:30 AM Rapid: 8:00 AM-6:30 PM ECR: 4:30 AM-2:30 AM Rapid: 8:00 AM-6:30 PM Alt 2 4:30 AM-1:30 AM 4:30 AM-2:30 AM 4:30 AM-2:30 AM Alt 3 4:30 AM-1:30 AM 4:30 AM-2:30 AM 4:30 AM-2:30 AM SFO International Airport Millbrae Transit Center Hillsdale Caltrain Belmont Caltrain San Carlos Caltrain Redwood City Transit Center Menlo Park Caltrain Palo AltoTransit Center San Bruno BART Station South San Francisco BART Station Colma BART Station Daly CityBART Station St a t e H w y 3 5 State Hwy 9 2 I 8 8 0 S t a t e Hw y 8 2 I- 2 8 0I-380San Jose AveState Hwy 6 1 Williams St Se r v i c e R o a d E a r h a r t R d 105th AveDoo l i t t l e D r Wicks B lvd Sneath LnC S t Island DrState H w y 8 4 El C a m i n o R e a l El C a m i n o R e a l Airport DrNeptune D r Knowles Ave San Pedro RdHarbor Bay PkwyFl o u r n o y S t Big g e S t Davis St Farrelly DrUnnamed StreetUs Hw y 1 0 1 Redwood City Pacifica San Francisco San Mateo Oakland Woodside San Leandro Menlo Park Atherton San Carlos Belmont Hillsborough Half Moon Bay Foster City Burlingame Brisbane Alameda Data Sources: xxxxxxxxxxxxxxx 0 1.5 3 Miles SFO International Airport Millbrae Transit Center Hillsdale Caltrain Belmont Caltrain San Carlos Caltrain Redwood City Transit Center Menlo Park Caltrain Palo AltoTransit Center San Bruno BART Station South San Francisco BART Station Colma BART Station Daly CityBART Station St a t e H w y 3 5 State Hwy 9 2 I 8 8 0 S t a t e Hw y 8 2 I- 2 8 0I-380San Jose AveState Hwy 6 1 Williams St Se r v i c e R o a d E a r h a r t R d 105th AveDoo l i t t l e D r Wicks B lvd Sneath LnC S t Island DrState H w y 8 4 El C a m i n o R e a l El C a m i n o R e a l Airport DrNeptune D r Knowles Ave San Pedro RdHarbor Bay PkwyFl o u r n o y S t Big g e S t Davis St Farrelly DrUnnamed StreetUs Hw y 1 0 1 Redwood City Pacifica San Francisco San Mateo Oakland Woodside San Leandro Menlo Park Atherton San Carlos Belmont Hillsborough Half Moon Bay Foster City Burlingame Brisbane Alameda Data Sources: xxxxxxxxxxxxxxx 0 1.5 3 Miles Route No.Day Peak Hora Pico 高峰 Midday Mediodía 中午 Evening Noche 晚上 6-9am 3-7pm 9am-3pm 7pm-12am Rt ECR Existing Existente 现有 Weekday Día Entre Semana 平日 15 15 30 Saturday Sábado周六 20 20 30 Sunday Domingo 周日 20 20 30 Rt ECR Alt 选择 1 Weekday Día Entre Semana 平日 North: 10 South: 15 Rapid: 30 North: 10 South: 15 Rapid: 30 North: 20 South: 20 Rapid: - Saturday Sábado周六 North: 15 South: 15 Rapid: 30 North: 15 South: 15 Rapid: 30 North: 20 South: 20 Rapid: - Sunday Domingo 周日 North: 10 South: 15 Rapid: 30 North: 10 South: 15 Rapid: 30 North: 30 South: 30 Rapid: - Rt ECR Alt 选择 2 Same frequency as existing Igual frecuencia que la existente 跟现有频率相同 Rt ECR Alt 选择 3 Same frequency as existing Igual frecuencia que la existente 跟现有频率相同 ECR Rapid ECR South ECR North Frequency (min) Frecuencia (minuto) 频率(分钟) ExistingAlternative 2 Existing Alternative 1 Same alignment as Alternative 2 Igual alineación que la Alternativa 2 跟选择2路线相同 Alternative 1 Alternativa 1 选择1 Alternative 3 Alternativa 3 选择3 Alternative 2 Alternativa 2 选择2 Reimagine SamTrans Alternatives 重塑 SamTrans Reimagina las Alternativas de SamTrans Route ECR - Daly City BART - Palo Alto Transit Center City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-401 Agenda Date:5/26/2021 Version:1 Item #:19. Report regarding a resolution approving the Second Amendment to the Exclusive Negotiating Rights Agreement with Firehouse Work LLC and Eden Housing for the disposition of the old firehouse property located at 201 Baden Avenue (Julie Barnard, Economic Development Coordinator). RECOMMENDATION Staff recommends that the City Council adopt a resolution approving the Second Amendment to the Exclusive Negotiating Right Agreement (“ENRA”) with Firehouse Work LLC and Eden Housing. BACKGROUND The City-owned,retired firehouse at 201 Baden (the “Property”)fronts Baden Avenue to the north and Second Lane to the south.It is located mid-block between Linden Avenue and Airport Boulevard.The Property is approximately 22,460 square feet (0.51 acres)and consists of three parcels (APNs 012-335-100,012-335-110 with the third not possessing an APN).The Property presents a significant Transit-Oriented Development (“TOD”) opportunity in the downtown. In September 2017,the City of South San Francisco (“City”)issued a Request for Qualifications (“RFQ”)to create a high quality,mixed-use,transit-oriented development on the Property.Ultimately,a developer team that proposed to retain the firehouse for commercial purposes on one half of the site and develop housing on the second half of the site was selected - Firehouse Work LLC (“Firehouse Work”). The City has been negotiating the disposition of the Property with Firehouse Work since August 2018.During this time Firehouse Work have worked with various housing partners to fulfil the housing aspect of their proposal, as submitted in response to the City’s Request for Proposals (“RFP”). Initially,Firehouse Work proposed a market rate residential development with developer Lawlor Land Use on the second half of the site (“Firehouse Live Site”).Lawlor was not able to make the project financially feasible. Firehouse Work then partnered with Habitat for Humanity Greater San Francisco (“Habitat”)on a concept to develop 24 for-sale Below Market Rate (“BMR”)units on the Firehouse Live Site.Habitat could not complete the development without a significant financial contribution from the City,which the City could not accept.The agreement was terminated with Habitat and Firehouse Work sought a new developer. DISCUSSION Firehouse Work were able to secure a new housing partner,Anton DevCo.Anton explored the feasibility of an 82 unit fully-affordable rental housing development on the Firehouse Live Site and the adjacent KFC/Taco Bell site. Anton DevCo was unable to proceed with the development and,Firehouse Work secured a new housing partner, Eden Housing. Eden Housing Eden Housing has extensive experience in non-profit affordable housing in California.Since its inception in City of South San Francisco Printed on 5/21/2021Page 1 of 3 powered by Legistar™ File #:21-401 Agenda Date:5/26/2021 Version:1 Item #:19. Eden Housing has extensive experience in non-profit affordable housing in California.Since its inception in 1968,Eden has developed,acquired,or rehabilitated more than 11,000 affordable units and currently provides homes to more than 24,000 lower-income residents.Eden works in 15 counties and has a strong presence in Silicon Valley where it owns and operates 35 developments and over 2,000 units.Eden Housing currently has no developments in South San Francisco. Exclusive Negotiating Rights Agreement The purpose of the ENRA is to allow the City and developers time to negotiate the sale and conveyance of the Property. The Second Amendment to the ENRA being considered by Council at this time has three key terms: 1)Changes the housing developer from Anton DevCo to Eden Housing 2)Allows 180 days for the PSAs to be negotiated; and 3)Provides for two (2) ninety (90) day extensions. Other conditions under the ENRA not modified by this Second Amendment will continue to remain in full force and effect. At this time,it is important that the City maintains exclusive negotiations with a developer since it began negotiations prior to recent amendments to the State of California (“State”)Surplus Land Act (“SLA”). Although the site was declared surplus by the City Council in 2015,it is most likely still subject to the new SLA regulations if the City and developers were to fall out of exclusivity.The SLA was amended by Assembly Bill 1486 (AB 1486)in 2019,and the amended SLA imposed additional requirements with respect to the notice of disposition of surplus land.For instance,the amended SLA would now require provision notice of availability of surplus land to interested “housing sponsors”(State-qualified individuals and entities to own, construct,acquire or rehabilitate housing),before a public entity can begin negotiating with a proposed buyer of surplus land. There are other new procedural and substantive requirements created by AB 1486 as well. Based on the reading of the amended SLA,properties that are subject to a pre-AB 1486 ENRA are exempt from the new requirements imposed by AB 1486 if the disposition of such properties are completed by December 31, 2022.Otherwise,if an exempt property falls out of exclusivity,the statute strongly implicates that such property would be subject to the post-AB 1486 SLA including its new noticing requirements.Thus,should the Property lose exclusivity,such as if the City were to cease exclusive negotiations with Firehouse Work,the SLA would most likely require the City to comply with post-AB 1486 requirements,including to provide additional notices of availabilities to interested local public entities and housing sponsors that build low-to moderate-income housing,and other public agencies offering recreation/education and economic opportunities, before commencing negotiations with other interested developers. FISCAL IMPACT Firehouse Work LLC provided a deposit that covers staff and City Attorney costs for the firehouse portion of the project.The City has no past practice of collecting cost recovery deposits from developers that offer a fully- affordable housing product.Aside from staff and City Attorney costs for the housing portion of the project there is no impact on the general fund at this time. RELATIONSHIP TO THE STRATEGIC PLAN The development meets the City’s Strategic Plan Objective #2 -Quality of Life by providing a full range of housing options. CONCLUSION Staff recommends that the City Council adopt a resolution approving the Second Amendment to the Exclusive City of South San Francisco Printed on 5/21/2021Page 2 of 3 powered by Legistar™ File #:21-401 Agenda Date:5/26/2021 Version:1 Item #:19. Staff recommends that the City Council adopt a resolution approving the Second Amendment to the Exclusive Negotiating Right Agreement with Firehouse Work LLC and Eden Housing. Attachments: 1.Site Map City of South San Francisco Printed on 5/21/2021Page 3 of 3 powered by Legistar™ Firehouse Site Firehouse Work Firehouse housing City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-402 Agenda Date:5/26/2021 Version:1 Item #:19a. Resolution approving the second amendment to the Exclusive Negotiating Rights Agreement with Firehouse Work LLC and Eden Housing for the old firehouse property located at 201 Baden Avenue. WHEREAS,The City owns certain real property located at 201 Baden (the “Property”),where an old firehouse is located,and the size of the lot is approximately 22,460 square feet (0.51 acres)and consists of three parcels (APN 012-335-100, 012-335-110 and an unnamed parcel); and WHEREAS,the City Council previously selected Firehouse Live,LLC (“FHL”)and Firehouse Work,LLC (“FHW”) (formerly Fire House Live/Work), were selected by Council as the developers for the Property; and WHEREAS,on March 4,2019,pursuant to City Council approval,the City entered into an Exclusive Negotiating Rights Agreement (“Original ENRA”)with FHL and FHW,which authorized the parties to commence negotiating the terms of purchase agreements relating to the rehabilitation of the Old Firehouse and developing a mixed-use residential and commercial project (“Project”) on the Property; and WHEREAS,on October 3,2019,the City,FHW,and Habitat for Humanity Greater San Francisco,Inc. (“HGSF”)entered into a subsequent ENRA (“Second ENRA”and “Agreement”),to replace FHL with HGSF as the developer for the residential component of the Project,and to set the term of the Agreement for one hundred and eighty (180) days with two administrative extensions of ninety (90) days each; and WHEREAS,the Agreement was administratively extended on March 26,2020 to June 29,2020 with respect to both FHW and HGSF, and again on June 23, 2020 to December 26, 2020 with respect to FHW only; and WHEREAS,the term of the Agreement with respect to HGSF expired on June 29,2020,and FHW secured a new housing developer Anton DevCo; and WHEREAS,the City and FHW executed a First Amendment to the Agreement to replace HGSF with Anton DevCo as the developer for the residential component of the Project; and WHEREAS,the First Amendment to the Agreement provided for an initial 180-day negotiation period and three (3) ninety (90) day extensions; and WHEREAS,as described in the Agreement,the Project would have consisted of FHW rehabilitating the existing Old Firehouse structure into a 9,200 square foot commercial space to preserve its historical significance,and Anton DevCo pursued plans to construct approximately eighty-two (82)residential units that will all be deed restricted as Below Market Rate on the Property,which is to be bifurcated into two separate parcels that will be sold to each Developer in separate transactions and each Developer would be responsible for entitling and developing their respective portions of the Project; and City of South San Francisco Printed on 5/29/2021Page 1 of 2 powered by Legistar™ File #:21-402 Agenda Date:5/26/2021 Version:1 Item #:19a. WHEREAS, in April 2021, Anton DevCo opted not to pursue the development further; and WHEREAS,FHW secured a new housing partner,Eden Housing,who will pursue Anton DevCo’s project plans; and WHEREAS,City and FHW have pursued such negotiations diligently and in good faith,have formulated proposed terms and conditions of the Project,but have determined that additional time is necessary to discuss Project details including to engage in discussions with Eden Housing for the residential development component of the Project; and WHEREAS,the City,FHW and Eden Housing wish to amend the ENRA by entering into a Second Amendment,attached hereto as Exhibit A,which relays Anton DevCo’s obligations and site control to Eden Housing; and WHEREAS,it is the intent of both developers to continue assuming the obligations in the Agreement and to continue working cooperatively and in good faith to meet the performance milestones set forth in the Agreement and negotiate the terms of purchase and sale agreements,which are material considerations to the City in executing this Second Amendment; and WHEREAS,by approval of the Second Amendment to the Agreement,City has no legal obligation to grant any approvals or authorizations for a purchase and sale agreement or development thereon until such agreement has been separately approved by the City Council. NOW, THEREFORE, the City Council of the City of South San Francisco does hereby resolve as follows: 1. The Recitals set forth above are true and correct, and are incorporated herein by reference. 2. The Second Amendment to the Exclusive Negotiating Rights Agreement, attached hereto and incorporated herein as Exhibit A, is hereby approved. 3. The City Manager is hereby authorized to execute the Second Amendment on behalf of the City Council; to make revisions to the Second Amendment, with review and approval by the City Attorney, which do not materially or substantially increase the City’s obligations thereunder; to sign all documents; to make all approvals and take all actions necessary or appropriate to carry out and implement the intent of this Resolution. ***** City of South San Francisco Printed on 5/29/2021Page 2 of 2 powered by Legistar™ SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT This Second Amendment to the Exclusive Negotiating Rights Agreement dated October 3, 2019 (“Second Amendment”) is entered into by and between the City of South San Francisco, a California municipal corporation (the “City”), Firehouse Work, LLC, a California Limited Liability Company (“FHW”), and Eden Housing Inc., a California nonprofit public benefit corporation, (“Eden”; each a “Developer” and both collectively described as “Developers”) dated as of ____________, 2021 (the “Effective Date”). City and Developers are each referred to as “Party” or collectively referred to as “Parties”. RECITALS A. The City is the owner of certain real property located at 201 Baden Avenue, South San Francisco, known as County Assessor’s Parcel Numbers (“APN”) 012-335-100, 012-335-110, and the portion of Cypress Street that is to be vacated, with a combined lot size of 22,500 square feet, collectively and commonly known as the Old Firehouse (“Property”). B. On March 4, 2019, pursuant to a solicitation process, the City entered into an Exclusive Negotiating Rights Agreement (“First ENRA”) with FHW and Firehouse Live, LLC (“FHL”), which authorized the parties to commence negotiating the terms of purchase agreements relating to the rehabilitation of the Old Firehouse and developing a mixed-use residential and commercial project (“Project”) on the Property. C. After the First ENRA expired on August 31, 2019, the City, FHW, and Habitat for Humanity Greater San Francisco, Inc. (“HGSF”) entered into a subsequent ENRA on October 3, 2019 (“Second ENRA” and “Agreement”), attached hereto and incorporated as Exhibit A, to replace FHL with HGSF as the developer for the residential component of the Project, and to extend the term of the Agreement. D. The Agreement was administratively extended on March 26, 2020 to June 29, 2020 with respect to both FHW and HGSF, and again on June 23, 2020 to December 26, 2020 with respect to FHW only. E. When the term of the Agreement with respect to HGSF expired on June 29, 2020, the Parties executed a First Amendment to the Agreement to replace HGSF with Anton DevCo as the developer for the residential component of the Project and further extended the term of the Agreement for an initial 180-day negotiation period and three (3) ninety (90) day extensions. F. In April 2021, Anton DevCo advised that it no longer desired to participate in the Project and FHW has now secured Eden Housing to pursue the project component plans that were originally contemplated by Anton DevCo, and the Parties now desire to replace Anton DevCo with Eden as the developer for the residential component of the Project subject to the terms and conditions of the Agreement, and further extending the term of the Agreement. F. As described in the Agreement, the Project will consist of FHW rehabilitating the existing Old Firehouse structure into a 9,200 square foot commercial space to preserve its historical significance, and Eden constructing approximately eighty-two (82) deed-restricted affordable housing residential units along with a commercial condo on the ground floor, which is to be bifurcated into two separate parcels that will be sold to each Developer in separate transactions and each Developer would be responsible for entitling and developing their respective portions of the Project. G. City and FHW have pursued such negotiations diligently and in good faith, have formulated proposed terms and conditions of the Project, but have determined that additional time is necessary to discuss Project details including to engage in discussions with Eden for the residential development component of the Project, and it is the intent of the Developers to continue working cooperatively and in good faith to meet the performance milestones set forth in the Agreement and negotiate the terms of purchase and sale agreements, which are material considerations to the City in executing this Second Amendment. H. At its meeting on ______________, the City Council approved this Second Amendment and directed staff to continue negotiating the terms of two separate purchase agreements in order for the Developers to pursue land use entitlements for the Projects and acquire the Property. NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows. 1. Parties to the Agreement. The Agreement is amended to include Eden as a Party and replacing Anton DevCo as the developer for the residential component of the Project, for the Parties to continue negotiating the terms of purchase agreements relating to the Project as described herein and in the Agreement. 2. Extension of Term. The Term of the Agreement pursuant to Section 3 of the Agreement is hereby extended for an additional one hundred eighty (180) days from the Effective Date. The extended Term may be administratively extended for up to a maximum of two (2) separate ninety (90) day periods for each Developer or both Developers upon the request of either Developer. 3. Notices. Notices to HGSF per the original Agreement Section 15, shall be updated to notice to Eden Housing as follows: Eden Housing Inc. Attn: Andrea Osgood 22645 Grand Street Hayward, CA 94541 Tel (415) 846-2823 aosgood@edenhousing,org With a copy to: Cox Castle Attn: Lisa Weil 50 California Street, Suite 3200 San Francisco, CA 94111 Tel (415)262-5175 lweil@coxcastle.com 4. Schedule of Performance. The Schedule of Performance under the Agreement is here by amended as set forth in Exhibit B, attached hereto and incorporated herein. 5. No Modification or Waiver. Except as otherwise expressly set forth herein, all other terms, provisions, and conditions of the Agreement remain unmodified and shall continue in full force and effect. 6. Construction; General Provisions. Each Party hereto has received independent legal advice from its attorneys with respect to the advisability of executing this Second Amendment and the meaning of the provisions hereof. The provisions of this Second Amendment shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. Each Party hereby ratify and affirm all their respective rights and obligations under the Agreement. Any capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement. In the event of any conflict between this Second Amendment, the First Amendment and the Agreement, this Second Amendment shall govern. The terms and provisions of this Second Amendment, together with the Agreement and the First Amendment, shall constitute all of the terms and provisions to which the Parties have agreed with respect to the transaction governed hereby, and there are no other terms and provisions, oral or written, that apply to the Agreement and/or the Property other than as set forth in the Agreement as modified by the First Amendment and this Second Amendment. The provisions of this Second Amendment shall apply to, be binding upon, and inure to the benefit of the parties hereto and to their respective successors and assigns. This Second Amendment may be executed by electronic means and in multiple counterparts, all of which shall constitute an original, and all of which together shall constitute a single instrument. Counterparts of this Second Amendment executed and delivered by facsimile, email or other means of electronic delivery shall constitute originals for all purposes. [Signatures on Next Page] IN WITNESS WHEREOF, City and Developer have executed this Second Amendment as of the date first written above. CITY By: _______________________________ Mike Futrell City Manager ATTEST: By: _______________________________ Rosa Acosta City Clerk APPROVED AS TO FORM: By: _______________________________ Sky Woodruff City Attorney FHW By: _______________________________ Dawn Merkes, member Firehouse Work, LLC Eden By: _______________________________ Name: Andrea Osgood Title: Vice President of Real Estate Development EXHIBIT A [Second ENRA and First Amendment] EXHIBIT B Schedule of Performance Term / Performance Milestone Description Term of ENRA • 180 days Parties Involved • Firehouse Work, LLC (FHW) • Eden Housing, Inc. (Eden) Proposed Project • Rehabilitation of existing Old Firehouse structure into a 9,200 square foot commercial space • Preserve historical significance of Old Firehouse structure • Construct an approximate 82-unit affordable senior rental project, of which 100% of the units will be affordable Price Offer • Purchase price for the parcels to be: o FHW parcel – TBD o Eden parcel -- $1.00 Deposit • $50,000 Deposit made by FHW to be credited against future purchase price for the FHW parcel Payment • $30,000 for reimbursement of staff time expended towards FHW; if exhausted, FHW will be required to provide additional funds. City will waive Payment for staff time expended towards Eden 100% affordable portion, but will track these costs so Eden can use the value of these donated services as leverage for other funding sources. Entitlements • Begin pursuing during the ENRA period by filing a joint Pre-application • Separate entitlements for FHW and Eden Lot Line Adjustment and ROW Vacation • City shall vacate Cypress Street Right of Way • Lot Line Adjustment creating two separate parcels shall occur prior to execution of Purchase Agreements. Purchase Agreements • Separate Purchase Agreements for FHW and Eden • Execution of Purchase Agreements after submittal of a joint pre-application and completion of Lot Line Adjustment creating two separate parcels. Separate Projects • Purchase Agreements shall include provisions to be negotiated to allow the FHW and Eden components of the Project to proceed independent of each other. Escrow • Separate Close of Escrows for FHW and Eden to occur concurrent with issuance of respective Building Permits • City has a deadline to transfer the sites by 12/31/2022. o FHW will purchase their site by this deadline. o Eden can also purchase their site by this deadline, however the funding for the affordable component will not likely be fully secured by this time. Therefore, Eden will provide an option to the City that would allow the City to purchase the site back for $1 if Eden is not performing under the performance expectations to be defined in the PSA and/or DDA. Development Schedule • To be determined during the ENRA and will be included as a Schedule of Performance in the Purchase Agreements Prevailing Wage • Eden can commit to paying prevailing wages on the residential component, but would seek to exempt the commercial condo and any tenant improvements therein.. • FHW portion will be exempt from prevailing wage or union labor requirements. Eden Financing Progress Reports • Once entitled, to be provided to the City every 60 days. These should outline any and all sources of financing the Developer has pursued in the previous 60 days and a schedule for upcoming funding applications. Progress Reports • To be provided to the City every 60 days. Performance Milestones • Negotiation of Purchase Agreements • Pro forma showing anticipated sources and uses of funds for the Project • Show evidence of how the Project is pursuing entitlements by providing a joint pre-application Due Diligence During the term of the ENRA the City and Developers shall further define and evaluate the project parameters: • The City shall provide Developers with any and all reports, studies and other documentation including any existing title policies, surveys, leases, structural reports, hazardous material reports, appraisals and other documents relating to the Property, Baden Avenue, and Airport Boulevard that are in City’s possession and control. • Developers shall have the opportunity to conduct due diligence in which to inspect the Property and to conduct any engineering, environmental, physical inspection and any other kind of investigation or study deems necessary. • Developers may at their own expense, conduct structural or hazardous material investigations of the existing improvements on the Property and City will allow access to the Property for this purpose. • Developers may at their own expense, conduct a subsurface investigation to confirm the findings in the Phase I environmental site assessment report provided by the City. • If a particular Developer is not satisfied with the results of any information it learns during this Due Diligence phase they may terminate their involvement in the ENRA without affecting the rights and obligations of the other Developer. In the case of FHW, the Deposit will be refunded to FHW, in accordance with Sections 5 and 13 of the Agreement. 3767744.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-380 Agenda Date:5/26/2021 Version:1 Item #:20. Report regarding a resolution authorizing the City Manager to execute an agreement with the County of San Mateo for continued provision of animal control services for a five-year term beginning July 1,2021,not to exceed $662,368 for FY 2021/22. RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the City Manager to execute an agreement with the County of San Mateo (County)for continued provision of animal control services for a five-year term beginning July 1,2021.The estimated cost to South San Francisco for FY 2021/22 is $662,368. BACKGROUND/DISCUSSION Animal Control has been one of the longest running regional/shared services in San Mateo County.The County has contracted with the Peninsula Humane Society &SPCA (PHS)for animal control field and sheltering services since 1952.All twenty cities (Cities)in the County have in turn contracted with the County for these services.Historically,Cities have taken advantage of the economies of pooling resources in order to realize lower costs for services than each city could likely achieve by providing its own services. Animal Control services are provided by PHS in a 45,000 square foot building owned by the County at 12 Airport Boulevard in San Mateo.Mandated animal control service functions occur at this facility,which include:receiving and housing stray animals;serving as the location for the public when looking for lost pets or surrendering animals;sheltering animals;spay/neuter clinic;and providing vaccination clinics.For public convenience,licensing,micro-chipping,veterinary care,and animal behavior work are provided at this location.Staff are also dispatched to respond to calls for service in the field.The current Animal Control agreement between the County and PHS is set to expire on June 30, 2021. A request for proposals (RFP)was released to 71 organizations on January 5,2021 for an Animal Control and Shelter Services Contractor to serve San Mateo County.Two contractors submitted a proposal on February 18, 2021 (Peninsula Humane Society &SPCA and Partners in Animal Care &Compassion/Pets in Need).The proposals were evaluated on March 4,2021 by a review committee comprised of nine reviewers,including a Deputy County Manager,a San Mateo County Fiscal Officer,five reviewers from various San Mateo cities,and subject matter experts from Los Angeles and San Bernardino.The evaluation determined that both proposals were acceptable, however, Peninsula Humane Society & SPCA (PHS) scored higher overall. Contract negotiations with PHS started March 24,2021.The negotiating team included the County Manager, County Counsel,the County Animal Control Manager,and six City representatives.Negotiations were concluded on April 3, 2021 with the following agreements: Funding Term: July 1, 2021 - June 30, 2026 Total Contract Amount: $32,548,989.91 City of South San Francisco Printed on 5/18/2021Page 1 of 6 powered by Legistar™ File #:21-380 Agenda Date:5/26/2021 Version:1 Item #:20. Please refer to Attachment 1 for a chart showing the breakdown of projected operating costs by category over the next five years. The projection shows an average annual increase of 2.6% over each prior year. Animal Control services currently provided by PHS include the following,which would continue through June 30, 2026 under the proposed contract: ·Rescue animals; ·Assist public safety; ·Capture at-large stray animals; ·Investigate animal bites and attacks; ·Remove dead animals from public property; ·Remove dead or living wildlife from private property if such wildlife has direct contact with humans and/or animals that involves a bite or attack; ·Enforce leash laws and local ordinances; ·Euthanize severely injured deer in the field; ·Pick up animals that are injured or confined at schools; ·Respond to calls for animals in traffic; ·Respond to aggressive dogs at large or an aggressive dog that could cause harm to a human or animal; ·Treat injured or sick domestic animals or wildlife; ·Administer dangerous animal permit violations; ·Respond to reports of dogs or cats in traps; ·Receive owned animals for relinquishment; ·Respond to stray patrol requests; ·Provide shelter services, veterinarian care, including the impounding, receiving of stray animals, sheltering, redemption of animals, treatment to include vaccinations, flea treatment, deworming; ·Treat injured animals; ·Provide animal enrichment while at the shelter; ·Euthanize animals when requested by owners; ·Provide in-person customer service at the County shelter that is open from 11 AM - 7 PM seven days per week, enable residents to obtain animal licenses, and look for a lost pet; ·Enable residents to visit the PHS website to look for lost animals or find information about available services; ·Hold monthly vaccine clinics for the residents of the County. Oversight of Animal Control Services in San Mateo County The new animal control contract which is the subject of this report was developed in concept and reviewed by a working group of County managers,City Managers,and other interested city participants which included personnel from some Police Departments.The San Mateo County City Managers Association (SMCCMA)has also established a standing committee to do an in-depth review of the contracts,performance audits,cost sharing formulas,and strategic direction for provision of countywide animal control services.The SMCCMA committee was directly involved with the County during contract negotiations and had a seat at the table with PHS and the County to arrive at the final outcome. The County,with the support,review,and advice of the SMCCMA,other interested city participants,andCity of South San Francisco Printed on 5/18/2021Page 2 of 6 powered by Legistar™ File #:21-380 Agenda Date:5/26/2021 Version:1 Item #:20. The County,with the support,review,and advice of the SMCCMA,other interested city participants,and subject matter experts,negotiated a new five-year agreement with PHS.Work on the RFP,and new agreement and contract negotiations began in earnest in 2019 and concluded in 2021. Contract Provisions In collaboration with PHS,the Cities/County negotiating team was able to reduce the proposed budget submitted by PHS by $1.6 million dollars over 5 years with an increase in services to the residents of the County from the original RFP proposal.Compared to the current contract cost,the five-year contract represents a reduction of $577,915 in contract costs over 5 years, again with additional services included. One of the major structural changes to the contract is that invoicing is based on actual expenditures,as opposed to a percent of the contracted budget.This will mean that the County and Cities will not receive a refund check after the annual audit for savings,but also that PHS will not be incentivized to retain 50%of the savings as was the case with past contract terms.Instead,the new contract includes an incentive for PHS if they meet the enhanced performance measures set forth in the contract.There will be no extra cost to Cities because this incentive will be covered by the savings in the negotiated price.What this means for the City is there will be no increase to the contract costs until year four with a 2.4%increase from the present year,and year five with a 5.1% increase (or 2.7% year over year from year 4) from the current fiscal term. The Cities will continue to pay the County for administering the agreement,with the first county-wide payment to be $790,835 for FY 2021-22,including the contract for an annual audit and for PetData to continue to provide the Chameleon database/reporting,and then subsequent payments increasing between 1%and 3% annually over the term to $846,894 the final year.These amounts are estimates and the Cities will only be billed for actual charges. Outline of increased contract services: ·Establish a process to ensure stray and owner-surrendered animals will not remain in the County Shelter more than three (3) weeks past the State law-mandated holding period; ·Develop all policies and procedures with the goal of animal welfare, enhancing the cost efficiency and quality of services provided to the County and participating Cities, and to reflect best practices in the industry for animal control and care. Contractor’s Policies and Procedures shall be annually submitted to a committee of County and participating city representatives; ·Ensure that that rabies specimens are transported to the San Mateo County Public Health Laboratory within 48 hours of an animal entering the County Shelter or of being euthanized (weekends and holidays excluded); ·Complete health assessments of dogs and cats within 24 hours of the animal entering the County Shelter; ·Document complete behavioral assessment results in Chameleon Data Management System (or any successor system) within 4 days of receiving each animal (not including the day of intake); ·Increase reporting to the County and Cities, to include fiscal reporting. ·Audit fiscal and performance data annually; ·Move from 4 performance measures to 36 indicators to evaluate the performance of PHS. ·Add four animal control officers. Additions or changes to response by Contractor field service officers: City of South San Francisco Printed on 5/18/2021Page 3 of 6 powered by Legistar™ File #:21-380 Agenda Date:5/26/2021 Version:1 Item #:20. Immediately respond to all emergency calls of the following types within one (1)hour of the receipt of the call from the reporting party: ·Public Safety agency request for immediate assistance; ·When juveniles are present on school grounds, any aggressive animal, bat, animal posing a risk to humans, sick or injured animals, dogs at large or confined, or if a trapped animal is present on the school grounds; ·Request by a Public Safety Official or Fish & Wildlife officer to respond to a mountain lion or an escaped exotic animal that is an imminent threat to people. Handling of these situations will be a joint response between the requestor and the Contractor. Contractor will be acting in an advisory capacity. Contractor is responsible for arranging a third party to handle, transport and/or care for exotic animals. If a third party is retained by Contractor, said third party shall have lead advisory responsibilities. Public Safety Officials and/or Contractor will determine if Fish and Wildlife need to respond to the scene. Contractor will remain on the scene with requesting Public Safety Official until situation is resolved. Prior to this Contract PHS would not respond to mountain lion calls. Respond without unnecessary delay, within (4) hours of receipt of the call from the reporting party: ·Dog or cat in trap: in the current contract PHS responds within 24 hours; under the new contract response to occur within four hours; ·Animal in custody (stray confined): under current contract PHS responds within 24 hours; under the new contract response will be within four hours; ·Dead animal at a school between 7:00 AM and 8:00 PM (excluding holidays): under the current contract PHS responds within 24 hours; under the new contract response will be within four hours. Respond without unnecessary delay within a maximum of 18 hours of receipt of the call from the reporting party and as soon as reasonably possible beforehand to the following situations: ·Dead animal pick-up: current contract response time is 24 hours; new contract response will be within 18 hours; ·Animal bite quarantines: current contract response time is 24 hours; new contract will be within 18 hours. If there are no calls pending in the other priority categories: ·Officers will patrol city and County parks and neighborhoods in areas accessible by Contractor’s vehicle and will maintain a patrol of no farther 500 yards from the vehicle. This is not in the current contract and will be added to the new contract. FISCAL IMPACT The City of South San Francisco’s estimated share of the total contract for FY 21-22 is 10.09%,which calculates to $662,368,with the percentage shares for each city revisited annually.The number of service calls and sheltering animals generated by each city is tracked,and the average of the last three years’data is used to set the upcoming year’s costs for member Cities and for the County.Each city’s (and unincorporated County) three-year average usage data is weighted 41%for field services and 59%for shelter services,with a credit for revenues. The percentage cost share for each member agency is summarized below: City of South San Francisco Printed on 5/18/2021Page 4 of 6 powered by Legistar™ File #:21-380 Agenda Date:5/26/2021 Version:1 Item #:20. City Distribution Percentage Atherton 1.04% Belmont 2.89% Brisbane 0.70% Burlingame 3.84% Colma 0.49% Daly City 10.06% East Palo Alto 8.01% Foster City 3.17% Half Moon Bay 2.03% Hillsborough 1.72% Menlo Park 4.72% Millbrae 2.18% Pacifica 5.24% Portola Valley 0.47% Redwood City 1 2.97% San Bruno 5.71% San Carlos 2.97% San Mateo 13.95% South San Francisco 10.09% Woodside 1.18% County 6.57% Total 100.00% There are cost incentives built into the new agreement.There will be an additional amount of $100,000 annually included in the total budget to provide an incentive.Ability to access incentive funds will be determined based on the following metrics: ·25 incentive performance measure targets met - Contractor will receive 100% of incentive, or $100,000; ·23/25 (90%) of incentive performance measures met, Contractor will receive $75,000; ·20/25 (80%) of incentive performance measures met, Contractor will receive $25,000. Incentive money is to be used to benefit the animals in San Mateo County (i.e.,additional micro-chipping and vaccine clinics,mobile spay and neuter,disaster equipment,etc.),and Contractor will provide a summary report on how the incentive money was spent. Cost Allocation to Cities and Unincorporated County: As mentioned above,annual costs are divided up in two ways.The first is to divide costs using a three-year average of usage,weighted 41%on field services and 59%on shelter usage.This weighting was selected by the negotiating team as it is representative of how PHS’s costs are actually divided. The second factor in dividing costs is how to factor in offsetting revenues from animal licensing and collected fees.The contract gives each city credit for the animal licensing and collected fee revenue attributable to that particular city as a direct offset of its own share of costs.That change gives Cities a mechanism to lower their costs by allowing them to do additional outreach to their residents to license and vaccinate their animals. Attachment 2 shows the estimated animal control costs by agency for FY 2021/22, including the cost City of South San Francisco Printed on 5/18/2021Page 5 of 6 powered by Legistar™ File #:21-380 Agenda Date:5/26/2021 Version:1 Item #:20. calculations and revenue offsets. Performance / Financial Audit: The agreement provides for an annual performance or fiscal audit if the Cities and County agree there is a need to assess whether PHS is achieving efficiency and effectiveness in performance of the services provided,and provides a copy of the performance audit to the Cities.The parameters of the audit and cost will be determined by a subgroup of all parties through a County administered RFP process.That RFP and the review process will be coordinated with interested city participants, such as through the SMCCMA. South San Francisco’s estimated cost for the County animal services agreement,$662,368,will be included in the City’s proposed annual operating budget for FY 2021-22. RELATIONSHIP TO STRATEGIC PLAN Approval of the shared county-wide Animal Control Services contract supports Strategic Plan Priority #2, Quality of Life,by providing resources for residents to adopt,license,and care for pets;Priority #3,Financial Stability,by realizing lower costs for services than South San Francisco could likely achieve on its own; Priority #4,Public Safety,by contributing funding to a provider that will respond in cases that involve animals that are endangered, stray, aggressive or dangerous, remove dead animals, and investigate dog bites. CONCLUSION Animal control services are highly specialized,require the ability to quickly deploy trained animal control officers in case of emergency,necessitate having a well-equipped brick and mortar facility to treat and house animals,the provision of veterinary and euthanasia services,requires specialized vehicles and equipment,and involves a host of other operational and administrative needs which it would be difficult and costly for South San Francisco to provide independently.Joining together with other cities in the County is a cost-effective way to provide shared,centralized services,and the City also benefits from the issuance of a competitive RFP and contract negotiations which represent all member cities.Staff thank and acknowledge the County and City staff and representatives who worked hard to evaluate and improve the contract for the next five-year term. It is recommended that the City Council adopt a resolution authorizing the City Manager to execute an agreement with the County of San Mateo for continued provision of animal control services for a five-year term beginning July 1, 2021, at an estimated cost of $662,368 for FY 2021-22. Attachment: 1.Five Year Total Projected Costs by Category, 2021/22 - 2025/26 2.Estimate - FY 2021 Animal Control Costs by City (4/12/21) 3.Presentation (5/26/21) City of South San Francisco Printed on 5/18/2021Page 6 of 6 powered by Legistar™ Attachment 1 San Mateo County Shared Animal Control Services Agreement Projected Operating Costs by Category Five Year Cost Projection FY 2021/22 – FY 2025/26 Year 1 Budget Year 2 Budget Year 3 Budget Year 4 Budget Year 5 Budget Grand Budget Category Total Total Total Total Total Total Personnel $3,432,241.20 $3,529,662.03 $3,635,551.89 $3,744,618.44 $3,856,957.00 $18,199,030.55 Fringe $1,120,626.75 $1,152,434.65 $1,187,007.69 $1,222,617.92 $1,259,296.46 $5,941,983.48 Operating Expenses $1,139,500.00 $1,162,290.00 $1,185,535.80 $1,209,246.52 $1,233,431.45 $5,930,003.76 Equipment $78,200.00 $79,764.00 $81,359.28 $82,986.47 $90,058.36 $412,368.10 Subcontracts $387,080.00 $373,221.60 $379,486.03 $385,875.75 $392,393.27 $1,918,056.65 Other Costs $31,643.00 $30,108.00 $30,514.98 $28,678.90 $26,602.48 $147,547.36 Total Expenditure $6,189,290.95 $6,327,480.28 $6,499,455.67 $6,674,024.00 $6,858,739.01 $32,548,989.91 Provided by the County of San Mateo May 26, 2021 Animal Control Services Agreement County of San Mateo -FY 2021/22 –FY 2025/26 South San Francisco City Council Meeting May 26, 2021 Background •20 Cities in San Mateo County have contracted with the County to provide animal control services since 1952 •Shared service results in lower costs than cities are likely to achieve by providing animal control by themselves •Peninsula Humane Society & SPCA (PHS) has historically contracted with County to be the service provider •PHS operates new 45,000 sf facility owned by the County, located at 12 Airport Boulevard in San Mateo •PHS separately operates the Lantos Shelter in Burlingame, which handles animal adoptions; not included in this agreement •Current contract with PHS expires June 30, 2021 Animal Control Facility 12 Airport Boulevard, San Mateo https://youtu.be/s5Kgg_SWkWA Animal Control Facility 12 Airport Boulevard, San Mateo Process •Request for proposals (RFP) released to 71 organizations •Two vendors responded •Review committee, which included Deputy County Manager, San Mateo County Fiscal Officer, 5 reviewers from San Mateo cities, and 2 subject matter experts, ranked PHS highest •Negotiating team included County Manager, County Counsel, County Animal Control Manager, and 6 City representatives New Agreement Terms •Funding Term: July 1, 2021 – June 30, 2026 •Total Contract Amount: $32,548,990 •Increase in services, with reduction in costs of $577,915 over 5 years •Invoicing to cities based on actual expenditures •Financial incentive to vendor for meeting enhanced performance measures as defined in contract Services •Rescue animals •Assist Public Safety •Capture at-large stray animals •Investigate animal bites and attacks •Remove dead animals from public property •Remove dead or living wildlife from private property if such wildlife has direct contact with humans and/or animals that involves a bite or attack •Enforce leash laws and local ordinances Services •Pick up animals that are injured or confined at schools •Respond to calls for animals in traffic •Respond to aggressive dogs at large or an aggressive dog that could cause harm to a human or animal •Treat injured or sick domestic animals or wildlife •Administer dangerous animal permit violations •Respond to reports of dogs or cats in traps •Receive owned animals for relinquishment Services •Respond to stray patrol requests •Provide shelter services, veterinarian care, including the impounding, receiving of stray animals, sheltering, redemption of animals, treatment to include vaccinations, flea treatment, deworming •Provide animal enrichment while at the shelter •Euthanize animals when requested by owners Services •Seven days per week, enable residents to obtain animal licenses, and look for a lost pet •Enable residents to visit the PHS website to look for lost animals or find information about available services •Hold monthly vaccine clinics for the residents of the County •Euthanize severely injured deer in the field Increased Contract Services •Ensure stray and owner-surrendered animals will not remain in the County Shelter more than 3 weeks past the State law-mandated holding period •All policies and procedures to have goal of animal welfare, and reflect best practices •More timely processing of rabies specimens •Dog and Cat health assessments within 24 hours of entering County Shelter •Behavioral assessments to be entered into data management system within 4 days of receiving the animal Increased Contract Services •Increased reporting to County and Cities •Annual audit of fiscal and performance data •Move from 4 performance indicators to 36 •Add 4 animal control officers Field Service Enhancements •Immediate response within 1 hour for high Priority 1 calls: public safety request, aggressive animal on school grounds, mountain lion as joint response with requesting jurisdiction •Response within 4 hours for Priority 2 calls: dog or cat in trap, animal in custody, dead animal at school between 7 am and 8 pm •Response within 18 hours for Priority 3 calls: dead animal pick-up, animal bite quarantines •If no calls pending, officers to patrol parks and neighborhoods Attachment 1 San Mateo County Shared Animal Control Services Agreement Projected Operating Costs by Category Five Year Cost Projection FY 2021/22 –FY 2025/26 Year 1 Budget Year 2 Budget Year 3 Budget Year 4 Budget Year 5 Budget Grand Budget Category Total Total Total Total Total Total Personnel $3,432,241.20 $3,529,662.03 $3,635,551.89 $3,744,618.44 $3,856,957.00 $18,199,030.55 Fringe $1,120,626.75 $1,152,434.65 $1,187,007.69 $1,222,617.92 $1,259,296.46 $5,941,983.48 Operating Expenses $1,139,500.00 $1,162,290.00 $1,185,535.80 $1,209,246.52 $1,233,431.45 $5,930,003.76 Equipment $78,200.00 $79,764.00 $81,359.28 $82,986.47 $90,058.36 $412,368.10 Subcontracts $387,080.00 $373,221.60 $379,486.03 $385,875.75 $392,393.27 $1,918,056.65 Other Costs $31,643.00 $30,108.00 $30,514.98 $28,678.90 $26,602.48 $147,547.36 Total Expenditure $6,189,290.95 $6,327,480.28 $6,499,455.67 $6,674,024.00 $6,858,739.01 $32,548,989.91 Cost Allocation –20 Cities and Unincorporated County •Atherton 1.04% •Belmont 2.89% •Brisbane 0.70% •Burlingame 3.84% •Colma 0.49% •Daly City 10.06% •East Palo Alto 8.01% •Foster City 3.17% •Half Moon Bay 2.03% •Hillsborough 1.72% •Menlo Park 4.72% •Millbrae 2.18% •Pacifica 5.24% •Portola Valley 0.47% •Redwood City 2.97% •San Bruno 5.71% •San Carlos 2.97% •San Mateo 13.95% •S. San Francisco 10.09% •Woodside 1.18% •County 6.57% Total 100.00% South San Francisco Costs – FY 2021/22 •Estimated costs for budgeting: $662,368 •Invoice in December based on actual costs •SSF may reduce fees by encouraging residents to license pets, as revenue generated from SSF residents is deducted as offsetting costs Questions City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-381 Agenda Date:5/26/2021 Version:1 Item #:20a. Resolution authorizing the City Manager to execute an agreement with the County of San Mateo for continued provision of animal control services for a five-year term beginning July 1,2021,not to exceed $662,368 for FY 2021/22. WHEREAS,Animal Control has been one of the longest running regional shared services in San Mateo County,in which all twenty cities in the County have participated since 1952,taking advantage of the economies of pooling resources to realize lower costs for services than each city could likely achieve by providing its own resources; and WHEREAS,the contract with the current provider,the Peninsula Humane Society &SPCA (PHS),expires June 30, 2021; and WHERAS,Animal control services are housed in a facility owned by the County at 12 Airport Boulevard in San Mateo; and WHEREAS,a Request for Proposals was released to 71 organizations on January 5,2021 for an Animal Control and Services contractor to serve San Mateo County and two contractors submitted a proposal; and WHEREAS,a review committee comprised of nine reviewers,including a Deputy County Manager,San Mateo County Fiscal Officer,five reviewers from various San Mateo cities,and two subject matter experts evaluated the proposals and selected PHS to be the preferred contractor; and WHEREAS,the five-year term of the contract shall be from July 1,2021 -June 30,2026,with a total contract amount for regional services of $32,548,990; and WHEREAS,Animal Control Services to be provided by this contract include,but are not limited to,response to local requests for animal rescue,capture of at-large stray animals,investigation of animal bites and attacks, removal of dead animals from public property,response to situations in which wildlife come into contact with humans,enforcement of leash laws and local ordinances,euthanize animals where necessary,collection of animals that are injured or confined at schools,response to calls for animals in traffic,response to aggressive dogs,treatment of injured or sick domestic animals or wildlife,provision of shelter services,veterinary care, treatment of injured animals,issuing animal licenses,resource for residents looking for lost pets,and provision of other services for pets; and WHEREAS,the newly negotiated contract increases the services provided by the current contract,with a City of South San Francisco Printed on 5/29/2021Page 1 of 2 powered by Legistar™ File #:21-381 Agenda Date:5/26/2021 Version:1 Item #:20a. reduction in cost of $577, 915 over 5 years; and WHEREAS,South San Francisco’s estimated share for FY 2021/22 is 10.09%of the total cost,or $662,368, with invoicing to be issued in December of each year determined by actual costs;and future costs have been projected over the five-year term to include an average increase of 2.6% over each prior year; and WHEREAS,the agreement provides for an annual performance or fiscal audit if the Cities and County agree there is a need to assess whether PHS is achieving efficiency and effectiveness in performance of the services provided, and provides a copy of the performance audit to the Cities. NOW,THEREFORE,BE IT RESOLVED,by the City of South San Francisco that the City Council hereby authorizes the City Manager to execute an agreement attached herewith as “Exhibit A”with the County of San Mateo for continued provision of animal control services for a five-year term beginning July 1, 2021. ***** City of South San Francisco Printed on 5/29/2021Page 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 #:21-405 Agenda Date:5/26/2021 Version:1 Item #:21. Report regarding an ordinance to amend Title 15 of the South San Francisco Municipal Code to adopt Reach Codes for Electrical Energy and Electric Vehicle Charging Stations (Alex Greenwood,Director of Economic and Community Development) RECOMMENDATION Staff recommends the City Council waive reading and introduce a proposed ordinance to enact Reach Codes to establish stricter local requirements for:(a)electrical energy and (b)electric vehicle (EV) charging stations. BACKGROUND/DISCUSSION The City has a longstanding priority to promote sustainability and reduce greenhouse gases (GHGs).As part of these efforts,in 2017,the City joined Peninsula Clean Energy (PCE).PCE is an energy consortium composed of all cities in San Mateo County and county government,which enables the purchase of electricity directly from renewable energy providers.The City’s partnership with PCE has led to discussions on how to further reduce GHG emissions,including the exploration of Reach Codes.“Reach Codes”are local amendments to the State Energy Codes intended to further reduce greenhouse gas emissions. On January 27,2021,the Council held a study session on Reach Codes.As a result,the Council directed staff to pursue reach codes for new residential construction to (a)require electric power,and (b)increase the requirements for EV charging stations. Context & Process for Reach Code Adoption Every three years,the State adopts new building standards that are organized in Title 24 of the California Code of Regulations,referred to as the California Building Standards Code.This regular update is referred to as a “code cycle.” The current code cycle was adopted in 2019 and became effective on January 1, 2020. Cities have the authority to adopt Reach Codes that require efficiency standards that are above the minimum state code requirements.The City currently adopts the California building and energy codes by reference under Title 15 of the South San Francisco Municipal Code,with additional local amendments tailored to the City’s particular local characteristics.To adopt a local Energy Reach Code,the City would adopt further local amendments to the state codes and codify these changes under Title 15.Energy reach codes must be filed with the State.In addition,the California Energy Commission (CEC)requires that a cost-effectiveness study be conducted and filed in the case of local amendments to the Energy Code (Title 24,Part 6).The City must demonstrate to the CEC,using the cost-effectiveness study,that the amendments to the code are financially responsible and do not represent an unreasonable burden to the non-residential and residential applicants. Statewide Cost-Effectiveness Study for Energy Code Reach Codes The California Statewide Codes and Standards Program (Statewide Program)facilitated a cost-effectiveness study for Energy Code reach codes that examined different performance-based approaches for new construction of specific building types.Performance-based ordinances mandate an increase in the overall energy efficiency required but leave flexibility for the builder on how to achieve this goal. City of South San Francisco Printed on 5/21/2021Page 1 of 4 powered by Legistar™ File #:21-405 Agenda Date:5/26/2021 Version:1 Item #:21. The Statewide Program’s analysis estimated cost-effectiveness of several building prototypes including one- story and two-story single-family homes,a two-story and five-story multifamily building,a three-story office building,a one-story retail building,and a four-story hotel.The single-family homes,multifamily homes,and office building prototypes are directly applicable to the City of South San Francisco development. City staff analyzed the most recent permit data to explore specific building types and sizes that would be appropriate for a possible Energy Reach Code.Over the past two years,the City has approved 17 new single- family homes,three new multi-family buildings,and 24 new commercial buildings.Of the 24 new commercial buildings,eight were laboratory facilities,which pose specific challenges to all-electric construction since these buildings often contain specialized equipment that require gas. DISCUSSION As mentioned above,the Council directed staff to draft Reach Codes to:(1)promote electrical energy in new residential construction and (2) increase the number of EV charging stations in new residential construction. 1.Building Appliance Electrification For building appliance electrification in California,the options for Reach Codes fall generally into three categories: ·Option 1 - Natural Gas Ban: No gas hookup allowed (via municipal ordinance). ·Option 2 - All-Electric Required: Appliances must be electric (via Energy Code, Title 24). ·Option 3 -All-Electric Preferred:Allows mixed-fuel buildings with high energy performance,requiring additional energy efficiency measures,battery storage,and/or pre-wiring for buildings to be electric- ready. After careful deliberation,the City Council endorsed Option 2 (all-electric required model)as the preferred approach for crafting a proposed Energy Reach Code in South San Francisco.This approach comes close to the same projected level of GHG reductions as an outright natural gas ban,since it requires specific end-uses to install electric appliances,with exceptions.For multiple reasons including health,safety,economics,and environmental benefits,there is considerable interest in mandating all-electric new construction,or “building electrification,”which means that the buildings would not have any fossil fuel services.All-electric buildings have electric appliances for space heating,water heating,clothes-drying,and cooking.The interest in building electrification stems from the fact that Peninsula Clean Energy is providing 90%carbon-free electricity and eliminating the use of natural gas can greatly reduce greenhouse gas emissions from the building sector.The All -Electric Reach Code applies only to residential projects and allows modifications be made for projects due to infeasibility in meeting the requirements.Further,this Reach Code exempts multi-family residential projects with 100 units or more that receives valid entitlements within six months from the effective date of the Reach Code ordinance. 2.Electric Vehicle Charging Infrastructure Reach Codes Unlike an Energy Reach Code,a Reach Code for EV charging infrastructure would not require a cost- effectiveness study.This is because EV charging infrastructure is governed by a different part of Title 24 known as “CALGreen”(i.e.,Title 24,Part 11,or the Green Building Code).However,to evaluate the financial impact on first costs,staff has worked closely with PCE and Silicon Valley Clean Energy (SVCE),which recently analyzed of the cost of implementing various EV measures.In addition,staff has worked with the Statewide Program’s team to establish new construction EV requirements which are more in-line with local EV adoption City of South San Francisco Printed on 5/21/2021Page 2 of 4 powered by Legistar™ File #:21-405 Agenda Date:5/26/2021 Version:1 Item #:21. Program’s team to establish new construction EV requirements which are more in-line with local EV adoption trends, while providing flexibility for the builder and keeping construction costs as low as possible. PCE’s Model Code includes the following recommended requirements for EV infrastructure in residential developments: ·Single Family Dwelling:One dedicated “plug and play”Level 1 circuit,and one dedicated “plug and play” Level 2 EV circuit. ·Multi-Unit Dwelling, <20 units: Per unit, a single “plug and play” Level 2 EV circuit. o Exception: Not required for units without parking ·Multi-Unit Dwelling,>20 units:75%of the units,a single “plug and play”Level 1 EV circuit;25%of the units, a single “plug and play” Level 2 EV circuit. o Exception: Not required for units without parking “Plug and play” is defined as a full circuit installed including capacity to deliver electricity and outlet. The proposed EV ordinance will address several logistical items.Projects with limited square footage may have particular challenges in relation to siting EV equipment and meeting parking and accessibility requirements particular to those projects.EV charging equipment typically requires the installation of bollards or other safety measures which also impacts square footage.Currently,the City may grant parking variances in situations where space constraints are a barrier for vehicle parking spaces and electric vehicle parking spaces.Exceptions can be considered for sites where the increased cost of utility service or on-site transformer capacity is overly burdensome. Accordingly,the proposed EV Reach Code ordinance is crafted to allow exceptions for the following specific conditions or projects: ·Spaces accessible only by automated mechanical car parking systems. ·Accessory Dwelling Units (ADU)and Junior Accessory Dwelling Units (JADU)without additional parking facilities and without electrical panel upgrade or new panel installation. ·Dwelling units with only one parking space may install a Level 2 EV Ready Space. ·Multifamily residential projects with at least 100 units and that have obtained entitlements within six months after the effective date of the Reach Code ordinance must provide EV spaces capable of supporting future EV charging equipment for at least 10%of the total number of parking spaces.This ten percent standard is the default currently required by the state CALGreen Code.Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. ·Ability to consider,on a case by case basis,a reduction in the number of required EV Ready Spaces if the new residential development is being built on a space-constrained site. ·All multifamily Affordable housing,10%of dwelling units with parking space(s)shall be provided with at least one Level 2 EV Ready Space.Calculations for the required minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number.The remaining dwelling units with parking space(s) shall each be provided with at least a Level 1 EV Ready Space. ·Exceptions can be considered,on a case by case basis,if the applicant provides documentation detailing that the increased cost of utility service or on-site transformer capacity would cause “extreme hardship”- for example,would exceed an average of $4,500 among parking spaces-with Level 2 EV Ready Spaces and Level 1 EV Ready Spaces.If costs are found to create such hardship (i.e.exceed that average cost number),the applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity. City of South San Francisco Printed on 5/21/2021Page 3 of 4 powered by Legistar™ File #:21-405 Agenda Date:5/26/2021 Version:1 Item #:21. 3.Public Outreach & Feedback Prior to the January 27th study session,staff reached out to several stakeholder groups for anecdotal feedback that could help frame the discussion for the Council.Staff contacted the Chamber of Commerce,multifamily residential developers (Sares Regis,SummerHill,Fairfield),R&D businesses (Genentech,Amgen), biotechnology developers (Alexandria Real Estate,BioMed Realty),and an industrial developer (ProLogis). Based on the initial feedback from the business community, there were two broad themes that emerged: ·For newly constructed multi-family residential,developers know how to plan,design,and build all- electric buildings,and in many cases it simplifies and reduces the overall cost of construction.On the other hand,staff identified at least one developer that requested the flexibility to provide gas power for outdoor amenities, such as grills or fire pits. ·For non-residential uses -especially biotechnology,manufacturing,industrial,and certain types of restaurants -a reach code that requires electric power would have potentially severe impacts on operating costs,construction design (due to electrical rooms taking up more space),and reliability (due to concerns with the existing electric power grid).Most of the businesses sampled were sympathetic and open to the concept of all-electric reach codes,but strongly urged that any such reach codes be phased in over a long period (e.g., five or more years) even for new construction. During the subsequent four months,staff conducted additional public outreach,including an online Community Meeting held on March 31,2021,which was attended by 13 members of the public.In addition,an informational presentation was made to the Planning Commission on May 6,2021.During this period,staff has worked with PCE to refine the proposed reach codes and draft the specific language to amend the City’s Municipal Code. FISCAL IMPACT The proposed Reach Codes would not have any fiscal impact to the City. RELATIONSHIP TO THE STRATEGIC PLAN The proposed Reach Codes would help implement the Open Space &Conservation Element of the General Plan -Policies 7.3-G-3,7.3-G-4,7.3-I-7 and 7.3-I-12 (Air Quality &Greenhouse Gas Emissions)-and they are consistent with the “Robust Environmental Sustainability Program”goal set forth in Priority #2 (Quality of Life) of the City’s Strategic Plan. CONCLUSION Staff recommends the Council waive reading and introduce the proposed ordinance to enact Reach Codes to establish stricter local requirements for electrical energy and EV charging stations. In the case of the electric power reach code,the proposed code will require further review and certification by the California Energy Commission before taking effect.As part of its review,the California Energy Commission will hold a 15-day public comment period;and City staff will be asked to respond to public comments on an as-needed basis.After the ordinance has completed the Energy Commission procedures and receives approval, the ordinance will become enforceable for impacted construction projects within the City. City of South San Francisco Printed on 5/21/2021Page 4 of 4 powered by Legistar™ Residential Reach Codes for Electric power & EV Charging Stations City Council May 26, 2021 2 •Local enhancements to state code •Can be adopted at any time •Next code cycle takes effect Jan 1, 2023 •Proposed Ordinance addresses new residential for: 1.Building electrification –reduced use of natural gas 2.Electric vehicle (EV) charging –increased EV readiness •Improves economic and energy performance for new construction What are Reach Codes? 3 •2017 –City joins Peninsula Clean Energy •2020 –Council directs staff to explore reach codes •Jan 2021 –Council Study Session •Jan-April 2021 –Public outreach, code development & Planning Commission Timeline 4 Building Electrification 5 All Electric Residential Buildings •Uses only electricity for energy, with no natural gas or propane plumbing •May include solar thermal pool heating, or fossil fuels for backup power generation •Includes significant renovations (replacing >50% of existing foundation or >50% of existing framing). Any pre-existing gas/propane plumbing or equipment is capped off 6 Building Electrification Exemptions •Multifamily projects >100 units with valid entitlement permit (incl. 6 months after adoption) •Where there is no commercially available technology or approved code compliance method. •Must include conduit and panel capacity or pre-wiring 7 EV Model Codes 8 Electric Vehicle Code Options Speed Readiness Number 8 Level 1 3-4 miles per charging hour Level 2 10-20 miles per charging hour Level 3 150+ miles per charging hour EV Capable EV Ready EV Charging Station Percent of Parking Spaces 9 EV Cost of New Reach Code vs. Retrofit •Retrofit costs shown are “best case” •Retrofit can be much higher •PG&E retrofit 'cost-per-port’ ave.is $18,000 •Costs include wiring, switch gear, conduit, trenching, and secondary transformer Cost per Parking Space New Construction Reach Code vs Retrofit under CA code 10 Electric Vehicles -Single and Two-family New Construction 2019 CALGreen Proposed Mandatory Single Family Two -Family Townhome (1) Level 2 EV Capable for one parking space per dwelling unit 2 EV spaces total: •1 Level 2 EV Ready circuit •1 Level 1 EV Ready circuit ELECTRIC VEHICLE OUTLET 11 Electric Vehicles -Multifamily New Construction 2019 CALGreen Proposed Mandatory Multi-Family 10% 25% 75% First ≤20 Dwelling Unit parking spaces For each DU parking space over 20 100% ELECTRIC VEHICLE OUTLET 10% Level 2 EV Capable One Level 2 EV Ready for first 20 dwellings, then: •25%Level 2 EV Ready (10% in affordable housing) •75%are Level 1 EV Ready (90% in affordable housing) Encouraged to include Automatic Load Management Systems (≥1.4kW and ≥ 8A min) 12 EV Reach Code Exceptions •ADU/JADU units without electrical service or panel upgrades. •SF Dwellings with only one space ⇨1 Level 2 EV-ready space •Multifamily Affordable Housing has lower requirements •Multifamily projects entitled within 6 months after effective date •Infeasibility, due to site constraints or demonstrated economic hardship (case by case basis) 13 PCE EV Charging Incentives Property Category Property Type Port Type Port Incentive Applicable Cap Existing Multi-Unit Dwelling L1 outlet $2,000 No cap L2 EVSE port $5,500 75% of costs, up to $44k Affordable Housing Multi-Unit Dwelling L1 outlet $2,500 No cap L2 EVSE port $5,500 Up to $44,000 Workplace L1 outlet $2,000 No cap Any Make Ready circuit $2,000 Up to $20,000 New Market Rate Multi-Unit Dwelling (Above Code) L1 outlet $1,000 No cap L2 EVSE port $2,000 Up to $40,000 Affordable Housing Multi-Unit Dwelling L1 outlet $1,500 No cap L2 EVSE port $2,500 Up to $100,000 New or Existing Any Resilient L2 or DCFC port $10,000 Up to $50,000 14 Staff recommends the Council waive reading & introduce the proposed ordinance to enact Reach Codes for electric energy & EV charging stations Recommendation Q&A slides 16 •Major economic value for residents •Safer and healthier homes •Advance climate goals •Align with state decarbonization goals •Enable much greater EV adoption •Fiscal prudence –more cost effective to address at new construction •This Reach Code effort applies only to NEW RESIDENTIAL construction Summary of Benefits Over $50M/yr San Mateo Co “fuel” savings by reaching 45,000 EVs in 2025 1-2 tons CO2 avoided per year for every home 17 Health Benefits •Gas stoves in homes increase children’s asthma risk by 42% •Total electric living eliminates risk of carbon monoxide poisoning •Induction ranges automatically turn off when not in-use, eliminating a leading cause of house fires Gas Stoves Can Emit Elevated Indoor Nitrogen Dioxide (NO2) Levels Often Exceeding Indoor Guidelines and Outdoor Standards. Source: Health Effects from Gas Stove Pollution, Rocky Mountain Institute, 2020, https://rmi.org/insight/gasstoves- pollution-health. 18 Building Reach Code Options Reach Code Type How it Works Natural Gas Ban No gas hookup allowed (via municipal ordinance). Limited exceptions. All-Electric Required for Residential Appliances must be electric (via Energy Code), EXCEPT: 1.Multifamily DHW with entitlement / land use permit 2.No compliance pathway in the energy code 3.Nonresidential occupancies Exempted appliances under #1-2 must have conduits or conductors supplied to reduce retrofit costs for future electrification All-Electric Preferred Allows mixed-fuel buildings with high energy performance: •additional energy efficiency measures •battery storage •Conduits or conductors for fossil-fueled appliances South SF Proposed 19 •All-electric homes are less expensive to build •Natural gas plumbing, metering and venting is not required •Multiple independent analysis including California Energy Commission and University of California •University of California commits to all-electric construction for all new buildings All-Electric New Construction Costs Less Than With Gas $18,620 $29,200 $- $5,000 $10,000 $15,000 $20,000 $25,000 $30,000 $35,000 All-Electric Mixed-Fuel Construction Costs of Thermal Systems Single-Family Home Clothes Dryer Construction: same Monthly: $11/mo ↑ Cooktop Construction: $380 ↑ Monthly: $6/mo ↑ Gas Meter & Service Not Needed Construction: $6,000 ↓ Monthly: $7/mo ↓ Water Heater Construction: $510 ↓ Monthly: $7/mo ↑ Space Heater Construction: $2000 ↓, assuming air- conditioning also installed Monthly: $10/mo ↓ Electric Vehicle Charger Construction: Same cost, including incentives On-going: $138/mo ↓ Indoor Gas Piping Not Needed Construction: $2,450 ↓ Electrifying New Single Family Homes in the Bay Area –The Cost Story Construction and monthly energy costs of thermal systems are based on Residential Building Electrification in California by E3 (April 2019); electricity costs specific to PCE/SVCE territory. All-Electric Home, Increased Solar bill impacts are based on Low-Rise Residential New Construction 2019 Cost Effectiveness Study by Frontier Energy (August 2019) Version 8 10/21/2019 All-Electric Home Construction: $10,580 ↓ Monthly:$7/mo ↑ 3 MT CO2e Carbon Emissions Savings per home, per year based on 2030 grid mix $191 Net Lifecycle Cost Savings per year for an all-electric home versus the mixed-fuel equivalent $29,200$18,620Mixed-Fuel Home Capital Cost of Thermal Systems All-Electric Home, Increased Solar Construction: Equivalent Monthly: $5/mo ↓ Summary 5,600 kWh 14,100 kWh9,000 kWhMixed-Fuel Home Annual Energy Use & Generation Electricity Gas 21 City Status Reach Code Type Electric Preferred All-Electric Natural Gas Bans EV Infrastructure San Mateo CountyBrisbane Adopted X Burlingame Adopted X X Daly City Evaluating X East Palo Alto Adopted X X Menlo Park Adopted X X Millbrae Adopted X X Pacifica Adopted X Redwood City Adopted X X San Bruno Evaluating San Carlos Adopted X X San Mateo Adopted X X San Mateo County Adopted X X South San Francisco Evaluating Evaluating (Res)X Santa Clara CountyCampbell Adopted X (Res)X Cupertino Adopted X X Los Altos Adopted X Los Altos Hills Adopted X (Res) Los Gatos Adopted X (Res)X Milpitas Adopted X X Morgan Hill Adopted X Mountain View Adopted X X Palo Alto Adopted X (NonRes)X (Res)X San Jose Adopted X X Saratoga Adopted X Sunnyvale Adopted X NeighborsAlameda Adopted X Albany Adopted X Berkeley Adopted X X X Hayward Adopted X (NonRes)X (Res) Marin County Adopted X Mill Valley Adopted X (Res)X Oakland Adopted X Piedmont Adopted X (Res) Richmond Adopted X San Anselmo Adopted X San Francisco Adopted X X Santa Cruz Adopted X Santa Rosa Adopted X (Res) What have other cities done? •42 Cities have adopted a decarbonization reach code in the 2019 cycle •Most have been All-Electric 22 Automatic Load Management “A control system which allows multiple EV chargers or EV-Ready electric vehicle outlets to share a circuit or panel and automatically reduce power at each charger…designed to deliver a minimum of 8-amperes and not less than 1.4-kiloWatts… to each EV space.” 1.8kW 1.8kW 1.8kW 1.8kW 3.6kW 3.6kW 7.2kW 23 Common Concerns (1 of 2) Concern Response Distribution grid upgrades are expensive Sometimes true. Costs are offset by savings of all-electric construction. Resilience, power-shutoffs Real problem, but gas does not help. Gas appliance ignition is electric. In emergencies gas is also shut-off. State policy for grid hardening is key. Uniformity Fair Concern, but all-electric is simpler & not adopting ensures future risk. PCE and regional partners are encouraging consistency. All-electric is simple and inaction locks in future cost (retrofits, rates) and risk (fire). Central heat pump water heating requires more design expertise and space than gas boilers. True, training needed.There are scores of working systems, but best practice is still under development. We recommend exempting projects with significant space concerns (i.e., entitled projects). 24 Common Concerns (2 of 2) Concern Response All-Electric heating uses too much energy or can’t work in our cool climate False. All-electric heat pumps are highly efficient and effective in weather far colder than ours. DOE studies show heat pump space heaters as highly efficient at as little as 5 degrees Fahrenheit. Energy is not clean False. PCE base service is 80% GHG free today and targets 100% renewable “round the clock” by 2025 Equipment is not available Mostly false. Some scenarios for high-volume or steam applications are more challenging to address. Heat pumps and induction stoves have a long-established history, are widely adopted in other states, but market awareness needs to grow. PCE is addressing training needs. 25 New All-Electric Homes Are the Majority Of national new construction homes:1 60%use electric space heating (40% of which are heat pumps2) 55%use electric water heating 62%use electric cooking 75%use electric clothes drying Sources: 1 -2017 American Community Survey 2 -2017 IEA Heat Pump Conference Proceedings 26 All-Electric Ordinance Exemptions Stoves: Consumer Reports Prefers Induction 6 of top 8 Ranges for 2020 were electric, top 2 were Induction 28 Natural Gas Costs Climbing Source: EIA https://www.eia.gov/dnav/ng/hist/n3010ca3m.htm https://www.eia.gov/electricity/data/browser/#/topic/7?agg=2,0,1&geo=g&freq=M CA residential natural gas prices increased 3x faster than electricity prices from 2012 to 2018 Trend expected to accelerate: 100 110 126 123 128 134 131 100 102 106 107 106 109 109 2012201320142015201620172018CA Residential Gas and Electricity Prices Gas 2012 = 100 +4.6%/y +1.4%/y CEC Workshop June 6, 2019: Draft Results from E3 study on the Future of Natural Gas Distribution in California 29 Biogas Can’t Get Us There City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-416 Agenda Date:5/26/2021 Version:1 Item #:21a. An ordinance amending Title 15 (Buildings and Construction) of the South San Francisco Municipal Code to adopt certain modifications and additions to the California Energy Code/Building Energy Efficiency Standards and the California Green Building Standards Code which serve as Reach Codes to increase building efficiency and increase requirements related to electric vehicle charging stations. WHEREAS, in 2019, the City of South San Francisco (“City”) adopted by reference the 2019 California Building Standards Code, including the Green Building Standards Code and Building Efficiency Energy Standards, and as amended and adopted by the California Building Standards Commission, pursuant to the requirements of Government Code section 50020 et seq.; and WHEREAS, pursuant to sections 17922,17958,17958.5 and 17958.7 and 18941.5 of the Health and Safety Code, the City may make certain amendments to the California Building Standards Code, including provisions of the Green Building Standards Code and Building Efficiency Energy Standards, based upon express findings that such changes or modifications are reasonably necessary because of local climatic, geological or topographical conditions; and WHEREAS, the City Council desires to amend portions of the California Energy Code/Building Energy Efficiency Standards relating to all-electric buildings, and the California Green Building Standards Code relating electric vehicles; and WHEREAS, these proposed local amendments are to adopt a set of “Reach Codes” to better address local conditions, and establish energy standards that are more stringent than the statewide standards, based on express findings that such local amendments are reasonably necessary because of local climatic, geological or topographical conditions as set forth in this ordinance; and WHEREAS, the proposed All-Electric Building Reach Code is intended to require buildings to achieve increased energy reductions and energy efficiency, and the proposed Electric Vehicle Reach Code is intended to ensure that new buildings can charge a greater number of electric vehicles beyond state code requirements and reduce greenhouse gas emissions; and WHEREAS, Public Resources Code Section 25402.l (h)2 and Section 10-106. of the Building Energy Efficiency Standards establish a process which allows local adoption of energy standards that are more stringent than the statewide standards (commonly referred to as Energy Reach Codes), provided that such local standards are cost effective and the California Energy Commission finds that the standards will require buildings to be designed to consume no more energy than permitted by the California Energy Code; and WHEREAS, the California Codes and Standards Reach Code Program (“State Reach Code Program”) has facilitated a cost-effectiveness study for Energy Reach Codes, which analyzed the cost-effectiveness of several building prototypes including one-story and two-story single-family homes, a two-story and five- story multifamily building, a three-story office building, a one-story retail building, and a four-story hotel; and City of South San Francisco Printed on 5/27/2021Page 1 of 12 powered by Legistar™ File #:21-416 Agenda Date:5/26/2021 Version:1 Item #:21a. WHEREAS, based on such study, the State Reach Program determined specific modifications to the 2019 State Energy Code for each climate zone that are cost effective and such modifications will result in designs that consume less energy than they would under the 2019 State Energy Code; and WHEREAS, the single-family homes, multifamily homes, and office building prototypes and the related cost -effective analysis thereof are directly applicable to developments occurring in the City, and City staff has analyzed recent permit data in determining the scope of an Energy Reach Code; and WHEREAS, based on the foregoing analyses and as described in the accompanying staff report, the City Council finds that local amendments to the California Energy Code contained in this ordinance are cost effective and will require buildings to be designed to consume no more energy than permitted by the California Energy Code and proposed amendments to the California Green Building Standards Code will ensure that new buildings can charge a greater number of electric vehicles beyond state code requirements and reduce greenhouse gas emissions; and WHEREAS, pursuant to Public Resources Code Section 25402.1(h)(2), Section 10-106 Locally Adopted Energy Standards of the California Administrative Code, Title 24 of the California Code of Regulations, Part I, and the California Energy Commission’s submission and approval process, the City Council further finds that the requirements in the proposed local amendments will save energy and are cost-effective within the City; and WHEREAS, the City Council finds that each of the amendments, additions and deletions to the California Energy Code/Building Energy Efficiency Standards and the California Green Building Standards Code contained in this ordinance are reasonably necessary because of local climatic, geological or topographical conditions described in Section 1 below; and WHEREAS, prior to the effective date of this ordinance, the City shall file a copy of the ordinance with the California Building Standards Commission and submit for review to the California Energy Commission, as applicable. NOW THEREFORE, the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1.Findings and Determinations 1. The foregoing Recitals and true and correct and are made a part of this ordinance. 2. The following local climatic, geologic and topographic conditions justify modifications to the California Energy Code/Building Energy Efficiency Standards and the California Green Building Standards Code. A. The City Council of the City of South San Francisco finds that in order to best protect the health, safety and welfare of the citizens of the City of South San Francisco, the standards of building within the City must conform to state law except where local climatic, geological, and topographic conditions warrant more restrictive regulations. B.Pursuant to Sections 17958.5 and 17958.7 (a) of the State of California Health and Safety Code, the governing body of the City of South San Francisco determines and finds that all the proposed City of South San Francisco Printed on 5/27/2021Page 2 of 12 powered by Legistar™ File #:21-416 Agenda Date:5/26/2021 Version:1 Item #:21a. modifications to the California Energy Code/Building Energy Efficiency Standards and the California Green Building Standards Code are reasonably necessary because of local climatic, geological and topographic conditions as discussed below. C.Climatic:The City is located in Climate Zone 3 as established in the 2019 California Energy Code. The City experiences precipitation averages 18.83 inches/year eighty percent (80%) falls during the months of November through April, and twenty percent (20%) from May through October. This is a dry period of at least five months each year. Humidity generally ranges from sixty two percent (62%) during daytime and eighty-six percent (86%) at night. It occasionally drops lower during the months of September through November. Temperatures have been recorded as high as 106 degrees Fahrenheit. Average summer highs are in the 70-73 degree range. Summer prevailing winds are from the North-West direction. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 5-10 mph range, gusting to 23 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been known to occur. These local climatic conditions affect the acceleration intensity, and size of fires in the community. Times of little or no rainfall, of low humidity and high temperatures create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires and conflagrations. Climate change is causing historic draughts, devastating wildfires, torrential storms, extreme heat, property damage, and threats to human health and food supplies. The State of California has outlined specific steps to reduce greenhouse gas emissions to prevent these negative impacts of changing climate including moving the State to 100 percent clean energy by 2045. This gives local governments the opportunity to achieve greenhouse gas emission reductions with a climate-positive impact by powering buildings from clean electricity. These climatic conditions along with the greenhouse emissions generated from structures in both the residential and nonresidential sectors requires exceeding the energy standards for building construction established in the 2019 California Buildings Standards Code. D.Geologic:The San Francisco Bay area region is densely populated and located in an area of high seismic activities. The City is located within San Mateo County which contains active faults such as San Andreas, San Gregorio, Seal Cove, and other lesser faults. The San Andreas Fault is located between 0 and 3 miles from any point within the City. Earthquake activity with nearby epicenters has the potential for inducing landslides which can create situations of reduced emergency response times and restoration of power utilities. Earthquakes of the magnitude experienced locally can cause major damage to electrical transmission facilities and natural gas infrastructure, which in turn cause power failures while at the same time starting fires or gas explosions throughout South San Francisco. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. There is a need to reduce dependence on the natural gas infrastructure to reduce harms and increase energy resiliency in the event of an earthquake. The modifications and changes cited herein are designed to reduce natural gas hazards in buildings and encourage energy resiliency through increased installation of solar and storage systems. E.Topographic:The City is made up of open terrain with scattered obstructions having heights and widths generally less than 30 feet, including flat open country, grasslands, hillsides and bay exposure. Significant elevation changes are also present in this setting; highly combustible dry grass, weeds and brush are common in the hilly and open space areas adjacent to built-up locations six to eight months of each year. When these areas experience wildland fires, they immediately threaten nearby buildings. This condition is especially significant in developed areas of the City that interface and intermix with adjoining open space such as Sign Hill. The threat of wildland fires could be compounded by above-ground electrical power transmission lines suspended on poles and City of South San Francisco Printed on 5/27/2021Page 3 of 12 powered by Legistar™ File #:21-416 Agenda Date:5/26/2021 Version:1 Item #:21a. towers exist throughout the City. Additionally, South San Francisco’s downtown and surrounding areas contain numerous historic and older buildings that are located very close together, which exacerbates the fire danger from dry conditions, wind, and shake/shingle roofs. The topography of the City also challenged by major development patterns, where major employment areas adjacent to major thoroughfares within the City have created added traffic congestion thereby reducing the response time capabilities of the various fire agencies. The conditions within the City create hazardous conditions for which modifications to adopt stricter standards than prescribed in the California Energy Code/Building Energy Efficiency Standards and the California Green Building Standards Code is warranted. 3. Amendments to the California Building Standard Codes have been adopted in the past by the City Council based on specific findings of local geographic, topographic and climatic conditions; and the Council hereby reaffirms such findings and confirms that the facts on which such findings were based continue to exist. SECTION 2.Amendments to Chapter 15.26-California Energy Code/California Building Energy Efficiency Standards (Cal. Code Regs. Title 24, Part 6) A new section 15.26.020 is added to Chapter 15.26 of Title 15 of the South San Francisco Municipal Code to read as follows. Section 15.26.020 Amendments to the Energy Code/Building Energy Efficiency Standards The California Energy Code/Building Energy Efficiency Standards (Cal.Code Regs.Title 24,Part 6)are amended as follows,with additions in underline and deletions in strikethrough.Chapter,section and table numbers used herein are those of the California Energy Code.Sections and subsections not amended are not included below and shall remain in full force and effect. SUBCHAPTER 1 ALL OCCUPANCIES- GENERAL PROVISIONS SECTION 100.0 - Scope … … (e) Sections applicable to particular buildings. TABLE 100.0-A and this subsection list the provisions of Part 6 that are applicable to different types of buildings covered by Section 100.0(a). 1. All buildings. Sections 100.0 through 110.12 apply to all buildings. EXCEPTION to Section 100.0(e) 1: Spaces or requirements not listed in TABLE 100.0-A. 2. Newly constructed buildings. A.All newly constructed buildings. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsections B, C, D or E, as applicable. City of South San Francisco Printed on 5/27/2021Page 4 of 12 powered by Legistar™ File #:21-416 Agenda Date:5/26/2021 Version:1 Item #:21a. (i). Newly constructed residential buildings shall be an All-Electric Building as defined in Section 100.1(b). For the purposes of All-Electric Building requirements under this subdivision A-1, newly constructed residential buildings as defined in Section 100.1 shall include a construction project where an alteration includes “renovations” to residential buildings where either (1) replacement of over 50% of the existing foundation for purposes other than a repair or reinforcement as defined in California Existing Building Code Section 202; or (2) when over 50% of the existing framing above the sill plate is removed or replaced for purposes other than repair. If either of these criteria are met within a 3-year period, measured from the date of the most recent previously obtained permit final date, that structure is considered new construction and shall be subject to the All-Electric Building requirements. The final determination whether a project meets the definition of substantial reconstruction/alteration shall be made by the Director of Economic & Community Development or his or her designee. Exception 1: Multifamily residential building projects with at least one hundred (100) units and that receive valid entitlements from the City of South San Francisco within six (6) months of the effective date of the enabling ordinance of this subdivision 2(i) are not required to be an All- Electric Building and shall be exempted from the requirements under this subdivision (2)(i). However, if the Director of Economic & Community Development or his or her designee grants a modification pursuant to this Exception, the applicant shall comply with the pre-wiring provision of Note 1 below. Exception 2: If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the Energy Code, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Code using commercially available technology and an approved calculation method, then the Director of Economic & Community Development or his or her designee may grant a modification. If the Director of Economic & Community Development or his or her designee grants a modification pursuant to this Exception, the applicant shall comply with the pre-wiring provision of Note 1 below. The applicant shall have the burden of proof in establishing that an exception is warranted under this Exception 2. The Director of Economic & Community Development or his or her designee may establish administrative guidelines to implement this Exception 2. Exception 3: Newly constructed nonresidential buildings and all nonresidential occupancies in a mixed-use building shall be exempted from the requirements under this subdivision (2)(i). Note 1: If natural gas appliances are used in any of the above Exceptions 1-2, natural gas appliance locations must also be electrically pre-wired for future electric appliance installation. They shall include the following: 1. A dedicated circuit, phased appropriately, for each appliance, with a minimum amperage requirement for a comparable electric appliance (see manufacturer’s recommendations) with an electrical receptacle or junction box that is connected to the electric panel with conductors of adequate capacity, extending to within 3 feet of the appliance and accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; 2. Both ends of the conductor or conduit shall be labeled with the words “For Future City of South San Francisco Printed on 5/27/2021Page 5 of 12 powered by Legistar™ File #:21-416 Agenda Date:5/26/2021 Version:1 Item #:21a. Electric appliance” and be electrically isolated; 3. A circuit breaker shall be installed in the electrical panel for the branch circuit and labeled for each circuit, an example is as follows (i.e. “For Future Electric Range;”) and 4. All electrical components, including conductors, receptacles, junction boxes, or blank covers, related to this section shall be installed in accordance with the California Electrical Code. Note 2: If any of the Exceptions 1-2 are granted, the Director of Economic & Community Development or his or her designee shall have the authority to approve alternative materials, design and methods of construction or equipment per California Building Code Section 104. SECTION 100.1(b) - Definitions … … ALL ELECTRIC BUILDING is defined as a building that has no natural gas or propane plumbing installed within the building property lines, and instead uses only electricity as the source of energy for its space heating, water heating (including pools and spas), cooking appliances, and clothes drying appliances. All Electric Buildings may include solar thermal pool heating, or fossil fuels for backup power generation. For the purposes of “renovations” to residential buildings listed under Section 100.0(e)(2)(i), where there is existing natural gas or propane plumbing service facilities or equipment within the building property lines, such preexisting service facilities or equipment may remain on the property but service shall cease and all facilities and lines must be capped off at the service point to the building. … … SECTION 3.Amendments to Chapter 15.22- California Green Building Code (Cal. Code Regs. Title 24, Part 11) A new section 15.22.020 is added to Chapter 15.22 of Title 15 of the South San Francisco Municipal Code to read as follows. Section 15.22.020 Amendments to the CALGreen Code The California Green Building Code (Cal.Code Regs.Title 24,Part 11)is amended as follows,with additions in underline and deletions in strikethrough.Chapter,section and table numbers used herein are those of the California Green Building Code.Sections and subsections not amended are not included below and shall remain in full force and effect. SECTION 2 City of South San Francisco Printed on 5/27/2021Page 6 of 12 powered by Legistar™ File #:21-416 Agenda Date:5/26/2021 Version:1 Item #:21a. DEFINITIONS … … SECTION 202. Definitions … … Level 1 EV Ready Space:A parking space served by a complete electric circuit with a minimum of 110/120 volt, 20-ampere capacity including electrical panel capacity, overprotection device, a minimum 1” diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled “Electric Vehicle Outlet” with at least a ½” font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE). Level 2 EV Ready Space:A parking space served by a complete electric circuit with 208/240 volt, 40-ampere capacity including electrical panel capacity, overprotection device, a minimum 1” diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled “Electric Vehicle Outlet” with at least a ½” font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of 30 amperes. Electric Vehicle Charging Station (EVCS):A parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum capacity of 30 amperes connected to a circuit serving a Level 2 EV Ready Space. EVCS installation may be used to satisfy a Level 2 EV Ready Space requirement. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. Automatic Load Management Systems (ALMS):A control system which allows multiple EV chargers or EV -Ready electric vehicle outlets to share a circuit or panel and automatically reduce power at each charger, providing the opportunity to reduce electrical infrastructure costs and/or provide demand response capability. ALMS systems must be designed to deliver a minimum of 8-amperes and not less than 1.4-kiloWatts at the provided voltage, to each EV Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California Electrical Code Article 625. The connected amperage on-site shall not be lower than the required connected amperage per Part 11, 2019 California Green Building Code for the relevant building types. Affordable Housing:Residential buildings that entirely consist of units below market rate and whose rents or sales prices are governed my local agencies to be affordable based on area median income. SECTION 4 RESIDENTIAL MANDATORY MEASURES SECTION 4.106 SITE DEVELOPMENT … … City of South San Francisco Printed on 5/27/2021Page 7 of 12 powered by Legistar™ File #:21-416 Agenda Date:5/26/2021 Version:1 Item #:21a. 4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Sections 4.106.4.1, 4.106.4.2, or 4.106.4.3 to facilitate future installation and use of EV chargers.Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. Exceptions: 1.On a case-by-case basis, where the local enforcing agency has determined EV charging and infra- structure are not feasible based upon one or more of the following conditions: 1.Where there is no commercial power supply 1.1.Where there is evidence substantiating that meeting the requirements will alter the local utility infra- structure design requirements on the utility side of the meter so as to increase the utility side cost to the homeowner or the developer by more than $400.00 per dwelling unit. 2.Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical service upgrade. ADUs and JADUs without additional parking but with electrical service upgrades must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1. 3.Multifamily residential building projects with at least one hundred (100) units and receives valid entitlements from the City within six (6) months of the effective date of the enabling ordinance for this Exception 3 shall provide at least ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, as electric vehicle charging spaces (EV spaces) capable of supporting future EV charging equipment . Calculations for the required number of EV spaces shall be rounded up to the nearest whole number.The Director of Economic & Community Development or his or her designee may consider allowing exceptions to the requirements of this section, on a case by case basis, if a building permit applicant provides documentation detailing that the increased cost of utility service or on-site transformer capacity would cause extreme economic hardship. The applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity. 4.If the applicant establishes that an Electric Vehicle Charging Infrastructure requirement is infeasible for the project due to exceptional or extraordinary circumstances particular to the project, then the Director of Economic & Community Development or his or her designee may grant a modification to the requirements of this Section 4, Residential Mandatory Measures. The applicant shall submit findings demonstrating: (1) a unique reason that makes the requirement at issue impractical; (2) the modification is in conformity with the intent and purpose of the Electric Vehicle Code; and (3) the modification will be narrowly tailored to the extent necessary to address the infeasibility only. Circumstances that constitute infeasibility include, but are not limited to, conflicts with other sections of the South San Francisco Municipal Code or Zoning Code or a lack of commercially available materials and technologies to comply with the requirements herein. 4.106.4.1 New one- and two-family dwellings and town- houses with attached private garages. For each dwelling unit, install a Level 2 EV Ready Space and Level 1 EV Ready Space.listed raceway to accommodate a dedicated 208/240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways City of South San Francisco Printed on 5/27/2021Page 8 of 12 powered by Legistar™ File #:21-416 Agenda Date:5/26/2021 Version:1 Item #:21a. are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device. Exception:For each dwelling unit with only one parking space, install a Level 2 EV Ready Space. 4.106.4.1.1 Identification. The service panel or sub- panel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “Level 2 EV CAPABLE”.The raceway termination location shall be permanently and visibly marked as “EV CAPABLE”. “Level 2 EV-Ready”. 4.106.4.2 New multifamily dwellings.If residential parking is available, ten (10) precent in total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future EVSE. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. The following requirements apply to all new multifamily dwellings. 1.For multifamily buildings with less than or equal to 20 dwelling units, one parking space per dwelling unit with parking shall be provided with a Level 2 EV Ready Space. 2.When more than 20 multifamily dwelling units are constructed on a building site: a.Install one Level 2 EV Ready Space in the first 20 dwelling units with parking spaces. b.For each additional dwelling unit over 20, 25% of the dwelling units with parking space (s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number. c.In addition, each remaining dwelling unit with parking space(s) shall be provided with at least a Level 1 EV Ready Space. Exception: For all multifamily Affordable Housing, 10% of dwelling units with parking space (s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number. The remaining dwelling units with parking space(s) shall each be provided with at least a Level 1 EV Ready Space. Notes: 1.Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging. 2.There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use. 1.Installation of Level 2 EV Ready Spaces above the minimum number required level may offset the minimum number Level 1 EV Ready Spaces required on a 1:1 basis. 2.The requirements apply to multifamily buildings with parking spaces including: a) assigned or City of South San Francisco Printed on 5/27/2021Page 9 of 12 powered by Legistar™ File #:21-416 Agenda Date:5/26/2021 Version:1 Item #:21a. leased to individual dwelling units, and b) unassigned residential parking. 3.In order to adhere to accessibility requirements in accordance with California Building Code Chapters 11A and/or 11B, it is recommended that all accessible parking spaces for covered newly constructed multifamily dwellings are provided with Level 1 or Level 2 EV Ready Spaces. … … 4.106.4.2.1.1 Electric vehicle charging stations (EVCS). When EV chargers are installed, EV spaces required by Section 4.106.4.2.2, Item 3,shall comply with at least one of the following options: 1.The EV space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space. 2.The EV space shall be located on an accessible route, as defined in the California Building Code , Chapter 2, to the building. Exception:Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.1.1. and Section 4.106.4.2.2, Item 3. Note: Electric vehicle charging stations serving public housing are required to comply with the California Building Code, Chapter 11 B. 4.106.4.2.2 Electric vehicle charging space (EV space) dimensions. The EV spaces shall be designed to comply with the following: 1.The minimum length of each EV space shall be 18 feet (5486 mm). 2.The minimum width of each EV space shall be 9 feet (2743 mm). 3.One in every 25 EV spaces, but not less than one, shall also have an 8-foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm). a)Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction. Exception. Where the South San Francisco Municipal Code permits parking space dimensions that are less than the minimum requirements stated in this section 4.106.4.2.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted by the Director of Economic & Community Development or his or her designee as described in Exception 4 of Section 4.106.4 above. New construction shall continue to comply with 2019 California Building Code Section11B-812 and Table11B-228.3.2.1, as applicable. City of South San Francisco Printed on 5/27/2021Page 10 of 12 powered by Legistar™ File #:21-416 Agenda Date:5/26/2021 Version:1 Item #:21a. 4.106.4.2.3 Automated Load Management Systems. As defined in Section 2, ALMS shall be allowed to meet the requirements of 4.106.4.2. Single EV space required.Install a listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the proposed location of the EV spaces. Construction documents shall identify the raceway termination point. The service panel and/or subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and space (s) reserved to permit installation of a branch circuit over- current protective device. 4.106.4.2.4 Multiple EV spaces required. Construction raceway termination point and proposed location of future EV spaces and EV chargers Construction documents shall also pro- vide information on amperage of future EVSE, raceway method(s), wiring schematics and electrical load calculations to verify that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at the full rated amperage of the EVSE. Plan design shall be based upon a 40- ampere minimum branch circuit. Raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction. 4.106.4.2.5 Identification. The service panel or sub- panel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code. … … SECTION 4.Severability In the event any section or portion of this ordinance shall be determined invalid or unconstitutional,such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 5.California Environmental Quality Act The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§21000 et seq.,“CEQA,”and 14 Cal.Code Reg.§§15000 et seq.,“CEQA Guidelines”)under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment,and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines §15061(b) (3)).Adoption of the proposed ordinance would not be an activity with potential to cause significant effect on the environment because the proposed changes made to the California Energy Code herein are enacted to provide more protection to the environment,and do not directly facilitate new development,or changes in the type and intensity of land use. City of South San Francisco Printed on 5/27/2021Page 11 of 12 powered by Legistar™ File #:21-416 Agenda Date:5/26/2021 Version:1 Item #:21a. SECTION 6.Publication and Effective Date This Ordinance,with the exception of amendments to the California Energy Code contained in Section 2 above,shall become effective thirty (30)days from and after its adoption.Amendments to the California Energy Code contained in Section 2 shall become effective following approval by the California Energy Commission. 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. City of South San Francisco Printed on 5/27/2021Page 12 of 12 powered by Legistar™ ITEM # 21A CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO MAY 26, 2021 — ITEM #21A ERRATA SHEET TO THE PROPOSED ORDINANCE AMENDING TITLE 15 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ADOPT REACH CODES FOR ELECTRICAL ENERGY AND ELECTRIC VEHICLE CHARGING STATIONS Staff recommends edits to Section 3 of the Proposed Ordinance making amendments to the requirements of the California Green Building Code (CALGreen Code) relating to electric vehicle charging stations. The proposed edits are shown in double underline format. Other findings and conditions are not amended and are not included in this errata sheet. PROPOSED ORDINANCE AMENDING TITLE 15 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE SECTION 3. Amendments to Chapter 15.22- California Green Building Code (Cal. Code Regs. Title 24, Part 11) . . . . . . SECTION 4 RESIDENTIAL MANDATORY MEASURES SECTION 4.106 SITE DEVELOPMENT … … 4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Sections 4.106.4.1, 4.106.4.2, or 4.106.4.3 to facilitate future installation and use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625. Exceptions: 1. On a case-by-case basis, where the local enforcing agency has determined EV charging and infra- structure are not feasible based upon one or more of the following conditions: 1. Where there is no commercial power supply. 1.1. Where there is evidence substantiating that meeting the requirements will alter the local utility infra- structure design requirements on the utility side of the meter so as to increase the utility side cost to the homeowner or the developer by more than $400.00 per dwelling unit. 2. Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities and without electrical service upgrade. ADUs and JADUs without additional parking but with electrical service upgrades must have reserved breakers and electrical capacity according to the requirements of 4.106.4.1. 3. Multifamily residential building projects with at least one hundred (100) units and receives valid entitlements from the City within six (6) months of the effective date of the enabling ordinance for this Exception 3 shall only be required to provide at least ten (10) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, as electric vehicle charging spaces (EV spaces) capable of supporting future EV charging equipment . Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. The Director of Economic & Community Development or his or her designee may consider allowing exceptions to the requirements of this section, on a case by case basis, if a building permit applicant provides documentation detailing that the increased cost of utility service or on-site transformer capacity would cause extreme economic hardship. The applicant shall provide EV infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity. For the purposes of this Exception 3, “electric vehicle charging spaces (EV spaces)” referenced above shall meet the following requirements, as applicable: a. Single EV space: Install a listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the proposed location of the EV spaces. Construction documents shall identify the raceway termination point. The service panel and/or subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit over- current protective device. b. Multiple EV spaces: Construction raceway termination point and proposed location of future EV spaces and EV chargers Construction documents shall also pro- vide information on amperage of future EVSE, raceway method(s), wiring schematics and electrical load calculations to verify that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at the full rated amperage of the EVSE. Plan design shall be based upon a 40-ampere minimum branch circuit. Raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction. c. Identification. The service panel or sub- panel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code. 4. If the applicant establishes that an Electric Vehicle Charging Infrastructure requirement is infeasible for the project due to exceptional or extraordinary circumstances particular to the project, then the Director of Economic & Community Development or his or her designee may grant a modification to the requirements of this Section 4, Residential Mandatory Measures. The applicant shall submit findings demonstrating: (1) a unique reason that makes the requirement at issue impractical; (2) the modification is in conformity with the intent and purpose of the Electric Vehicle Code; and (3) the modification will be narrowly tailored to the extent necessary to address the infeasibility only. Circumstances that constitute infeasibility include, but are not limited to, conflicts with other sections of the South San Francisco Municipal Code or Zoning Code or a lack of commercially available materials and technologies to comply with the requirements herein. 4.106.4.1 New one- and two-family dwellings and town- houses with attached private garages. For each dwelling unit, install a Level 2 EV Ready Space and Level 1 EV Ready Space. listed raceway to accommodate a dedicated 208/240-volt branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device. Exception: For each dwelling unit with only one parking space, install a Level 2 EV Ready Space. 4.106.4.1.1 Identification. The service panel or sub- panel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging as “Level 2 EV CAPABLE”. The raceway termination location shall be permanently and visibly marked as “EV CAPABLE”. “Level 2 EV-Ready”. 4.106.4.2 New multifamily dwellings. If residential parking is available, ten (10) percent in total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future EVSE. Calculations for the required number of EV spaces shall be rounded up to the nearest whole number. The following requirements apply to all new multifamily dwellings. 1. For multifamily buildings with less than or equal to 20 dwelling units, one parking space per dwelling unit with parking shall be provided with a Level 2 EV Ready Space. 2. When more than 20 multifamily dwelling units are constructed on a building site: a. Install one Level 2 EV Ready Space in the first 20 dwelling units with parking spaces. b. For each additional dwelling unit over 20, 25% of the dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number. c. In addition, each remaining dwelling unit with parking space(s) shall be provided with at least a Level 1 EV Ready Space. Exception: For all multifamily Affordable Housing, 10% of dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready spaces shall be rounded up to the nearest whole number. The remaining dwelling units with parking space(s) shall each be provided with at least a Level 1 EV Ready Space. Notes: 1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging. 2. There is no requirement for EV spaces to be constructed or available until EV chargers are installed for use. 1. Installation of Level 2 EV Ready Spaces above the minimum number required level may offset the minimum number Level 1 EV Ready Spaces required on a 1:1 basis. 2. The requirements apply to multifamily buildings with parking spaces including: a) assigned or leased to individual dwelling units, and b) unassigned residential parking. 3. In order to adhere to accessibility requirements in accordance with California Building Code Chapters 11A and/or 11B, it is recommended that all accessible parking spaces for covered newly constructed multifamily dwellings are provided with Level 1 or Level 2 EV Ready Spaces. … … 4.106.4.2.1.1 Electric vehicle charging stations (EVCS). When EV chargers are installed, EV spaces required by Section 4.106.4.2.2, Item 3, shall comply with at least one of the following options: 1. The EV space shall be located adjacent to an accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space. 2. The EV space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building. Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.1.1. and Section 4.106.4.2.2, Item 3. Note: Electric vehicle charging stations serving public housing are required to comply with the California Building Code, Chapter 11 B. 4.106.4.2.2 Electric vehicle charging space (EV space) dimensions. The EV spaces shall be designed to comply with the following: 1. The minimum length of each EV space shall be 18 feet (5486 mm). 2. The minimum width of each EV space shall be 9 feet (2743 mm). 3. One in every 25 EV spaces, but not less than one, shall also have an 8-foot (2438 mm) wide minimum aisle. A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet (3658 mm). a) Surface slope for this EV space and the aisle shall not exceed 1 unit vertical in 48 units horizontal (2.083 percent slope) in any direction. Exception. Where the South San Francisco Municipal Code permits parking space dimensions that are less than the minimum requirements stated in this section 4.106.4.2.2, and the compliance with which would be infeasible due to particular circumstances of a project, an exception may be granted by the Director of Economic & Community Development or his or her designee as described in Exception 4 of Section 4.106.4 above. New construction shall continue to comply with 2019 California Building Code Section11B-812 and Table11B-228.3.2.1, as applicable. 4.106.4.2.3 Automated Load Management Systems. As defined in Section 2, ALMS shall be allowed to meet the requirements of 4.106.4.2. Single EV space required. Install a listed raceway capable of accommodating a 208/240-volt dedicated branch circuit. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or enclosure in close proximity to the proposed location of the EV spaces. Construction documents shall identify the raceway termination point. The service panel and/or subpanel shall provide capacity to install a 40-ampere minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit over- current protective device. 4.106.4.2.4 Multiple EV spaces required. Construction raceway termination point and proposed location of future EV spaces and EV chargers Construction documents shall also pro- vide information on amperage of future EVSE, raceway method(s), wiring schematics and electrical load calculations to verify that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at the full rated amperage of the EVSE. Plan design shall be based upon a 40-ampere minimum branch circuit. Raceways and related components that are planned to be installed underground, enclosed, inaccessible or in concealed areas and spaces shall be installed at the time of original construction. 4.106.4.2.5 Identification. The service panel or sub- panel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code. … … 3772876.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-421 Agenda Date:5/26/2021 Version:1 Item #:22. San Mateo County City Selection Committee discussion and motion to approve an alternate to the City Selection Committee.(Mark Addiego, Mayor) City of South San Francisco Printed on 5/21/2021Page 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 #:21-407 Agenda Date:5/26/2021 Version:1 Item #:23. Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6) Agency designated representatives: Leah Lockhart, Human Resources Director, Donna Williamson, Liebert Cassidy Whitmore Employee organization: AFSCME, Local 829; Confidential Unit - Teamsters Local 856; Mid-management Unit - Teamsters Local 856; and International Union of Operating Engineers, Local 39 City of South San Francisco Printed on 5/21/2021Page 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 #:21-417 Agenda Date:5/26/2021 Version:1 Item #:24. Conference with Legal Counsel-Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One potential case City of South San Francisco Printed on 5/21/2021Page 1 of 1 powered by Legistar™