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04.27.22@600 Regular CC
Wednesday, April 27, 2022 6:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA Municipal Services Building, Council Chambers 33 Arroyo Drive, South San Francisco, CA City Council Regular Meeting Agenda HYBRID IN-PERSON/VIRTUAL MEETING April 27, 2022City Council Regular Meeting Agenda HYBRID IN-PERSON/VIRTUAL MEETING NOTICE 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 Addiego, Vice Mayor Nicolas and Mayor Nagales and essential City staff may 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. The City Council may meet by teleconference, consistent with the Brown Act as amended by AB 361 (2021). Under the amended rules, the City will not provide a physical location for members of the public to participate in the teleconference meeting. 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. Page 2 City of South San Francisco Printed on 5/4/2022 April 27, 2022City Council Regular Meeting Agenda ZOOM LINK BELOW -NO REGISTRATION REQUIRED Join Zoom meeting https://ssf-net.zoom.us/j/81871616619 (Enter your email and name) Join by One Tap Mobile : US: +16699006833,,81871616619# or +13462487799,,81871616619# 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: 818 7161 6619 How to observe the Meeting (no public comment): 1) Local cable channel: Astound, Channel 26, Comcast, Channel 27, or AT&T, Channel 99 2) https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council How to submit written Public Comment before the City Council 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. How to provide Public Comment during the City Council Meeting: 1) By Phone: (669) 900-6833. Webinar ID is 818 7161 6619. Click *9 to raise a hand to speak. Click *6 to unmute when called. By One tap mobile: US: +16699006833,,81871616619# or +13462487799,,81871616619# 2) Online at: https://ssf-net.zoom.us/j/81871616619 a. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak. b. When the Clerk calls for the item on which you wish to speak, click on "raise hand." Speakers will be notified shortly before they are called to speak. c. When called, please limit your remarks to the time limit allotted. IN-PERSON: Please complete a Digital Speaker Card located at the entrance to the Council Chamber ’s. Be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. When your name is called, please come to the podium, state your name and address (optional) for the Minutes. COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER. Thank you for your cooperation. Page 3 City of South San Francisco Printed on 5/4/2022 April 27, 2022City Council Regular Meeting Agenda 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 NAGALES, Mayor (District 2) BUENAFLOR NICOLAS, Vice Mayor (At-Large) JAMES COLEMAN, Councilmember (District 4) EDDIE FLORES, Councilmember (At-Large) MARK ADDIEGO, 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 4 City of South San Francisco Printed on 5/4/2022 April 27, 2022City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Proclamation recognizing May 15-21, 2022 as National Public Works Week. (Mark Nagales, Mayor) 1. Proclamation recognizing April 2022 as Arab American Heritage Month. (Mark Nagales, Mayor) 2. Proclamation recognizing April as National Volunteer Appreciation Month. (Mark Nagales, Mayor) 3. PUBLIC COMMENTS Comments received by the deadline will be included as part of the meeting record but will not be read aloud during the meeting. 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. COUNCIL COMMENTS/REQUESTS CONSENT CALENDAR Motion to approve the Minutes for the meetings of March 23, 2022 and April 6, 2022.4. Page 5 City of South San Francisco Printed on 5/4/2022 April 27, 2022City Council Regular Meeting Agenda Report regarding a motion to accept the construction improvements of Spruce Avenue and Commercial Avenue Traffic Improvements Project (No. tr1801) as complete in accordance with plans and specifications (Total construction cost $693,473.08) (Angel Torres, Senior Civil Engineer). 5. Report regarding a resolution for a purchase and service agreement with Edgeworth Integration, LLC for the replacement of surveillance cameras, video management software and server equipment in the amount not to exceed $216,116; and authorize the City Manager to execute the agreement (Tony Barrera, Director of Information Technology) 6. Resolution approving a purchase and services agreement with Edgeworth Integration, LLC., for the replacement of surveillance cameras, video management software and server equipment in the amount not to exceed $216,117.00; and authorize the City Manager to execute the agreement 6a. Report regarding a resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers program in South San Francisco and approving Budget Amendment 22.063 accepting up to $14,000 in reimbursement funding. (Adam Elsholz, Assistant Library Director) 7. Resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers program in South San Francisco and approving Budget Amendment 22.063 accepting up to $14,000 in reimbursement funding. 7a. Report regarding a resolution to continue conducting City Council and advisory body meetings remotely due to health and safety concerns for the public and making related findings (Sky Woodruff, City Attorney) 8. Resolution of the City Council of the City of South San Francisco declaring the continuing need for the City legislative bodies to meet remotely in order to ensure the health and safety of the public and making related findings. 8a. Report regarding a resolution to accept grant awards from the Metropolitan Transportation Commission and from the California State Office of Housing and Community Development for planning studies and community engagement to prepare a Lindenville Specific Plan and associated environmental analysis; approve the appropriation of funding from the General Plan Reserve Fund; authorize a consulting services agreement with Raimi + Associates for preparation of the Lindenville Specific Plan Project and with Good City Company for project management; authorize a City administrative budget; and approve Budget Amendment #22.064. (Tony Rozzi, Chief Planner/Acting ECD Diretor and Billy Gross, Principal Planner) 9. Page 6 City of South San Francisco Printed on 5/4/2022 April 27, 2022City Council Regular Meeting Agenda Resolution to accept grant awards from the Metropolitan Transportation Commission in the amount of $500,000 and California State Office of Housing and Community Development in the amount of $310,000 for the Lindenville Specific Plan and CEQA Analysis Project; approve the appropriation of funds in the amount of $1,455,999 from the General Plan Reserve fund to prefund the reimbursable project; Authorize a consulting services agreement with Raimi + Associates for preparation of the Lindenville Specific Plan and CEQA Analysis in an amount not to exceed $1,405,999 including contingency; authorize an amendment to the existing consulting services agreement with Good City Company to assist with project management; authorize a City administrative budget in an amount not to exceed $50,000; and approve Budget Amendment #22.064 9a. Report regarding a resolution awarding a contract in the amount of $495,000 to the Davey Tree Expert Company of Livermore, California and authorizing a project budget of $569,250 for the removal of hazardous trees and continued reduction of potential fuel load on Sign Hill in response to the 2020 Sign Hill Diamond Fire. (Joshua Richardson, Parks Division Manager) 10. Resolution awarding a contract in the amount of $495,000 to the Davey Tree Expert Company of Livermore, California and authorizing a project budget of $569,250 for the removal of hazardous trees and continued reduction of potential fuel load on Sign Hill in response to the 2020 Sign Hill Diamond Fire. 10a. Report regarding a resolution authorizing the acceptance of the San Mateo County Summer Enrichment Grant in the amount of $92,940, and amending the Parks and Recreation Department Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.060. (Greg Mediati, Director of Parks and Recreation) 11. Resolution authorizing the acceptance of the San Mateo County Summer Enrichment Grant in the amount of $92,940, and amending the Parks and Recreation Department Fiscal Year 2021-22 Operating Budgets pursuant to budget amendment #22.060. 11a. Report regarding a resolution increasing the acceptance of grant funds from the After School Education and Safety Grant by $36,163 for a new grant total of $283,858 in Fiscal Year 2021-2022, and amending the Parks and Recreation Department and Library Department Fiscal Year 2021-2022 Operating Budgets pursuant to budget amendment #22.059. (Greg Mediati, Director of Parks and Recreation) 12. Resolution increasing the acceptance of grant funds from the After School Education and Safety Grant by $36,163 for a new grant total of $283,858 in Fiscal Year 2021-2022, and amending the Parks and Recreation Department and Library Department Fiscal Year 2021-2022 Operating Budgets pursuant to budget amendment #22.059. 12a. Page 7 City of South San Francisco Printed on 5/4/2022 April 27, 2022City Council Regular Meeting Agenda Report regarding a resolution approving and authorizing the City Manager to enter into an agreement between the City of South San Francisco and the California Water Service for new water services to the Library, Parks and Recreation and Community Theater/ Council Chamber project in an amount not to exceed $346, 550.00. (Jacob Gilchrist, Director of Capital Projects) 13. Resolution approving a services agreement with California Water Service (CalWater) of San Mateo, California for the Library, Parks & Recreation and Community Theater/Council Chamber Project (pf2103) in an amount not to exceed $346,550.00, authorizing the City Manager to execute the agreement and other necessary documents, and authorizing a budget of $346,550.00. 13a. Report regarding the transfer of $8.5 million from General Fund surplus fund balance to the Infrastructure Reserves fund as recommended in the FY2021-22 Mid-Year Financial update (Paul Harris, Financial Services Manager) 14. Resolution approving the transfer of $8.5 million from General Fund surplus fund balance to the Infrastructure Reserves as recommended in the FY2021-22 Mid-Year financial update to City Council on February 23rd, 2022. 14a. Report regarding a resolution authorizing City Manager to execute the Second Amendment to the consulting services agreement between the City of South San Francisco and ABB Testing of Palo Alto, California, for the Community Civic Campus: Phase II Library, Parks & Recreation and Community Theater/Council Chamber (LPR) (Project No. pf2103) in an amount not to exceed $132,000 for consulting services for a total contract amount of $224,620. (Jacob Gilchrist, Director of Capital Projects) 15. Resolution authorizing the City Manager to execute the Second Amendment to the consulting services agreement between the City of South San Francisco and ABB Testing of Palo Alto, California, for the Community Civic Campus: Phase II Library, Parks & Recreation and Community Theater/Council Chamber (LPR) (Project No. pf2103) in an amount not to exceed $132,000 for consulting services for a total contract amount of $224,620. 15a. Page 8 City of South San Francisco Printed on 5/4/2022 April 27, 2022City Council Regular Meeting Agenda PUBLIC HEARING Report regarding holding a Public Hearing on the City of South San Francisco’s Fiscal Year 2022-23 Annual Action Plan for the Community Development Block Grant Program and consideration of adopting a resolution: 1) approving the FY 2022-23 Annual Action Plan; 2) authorizing its submittal and all other required documents to the U.S. Department of Housing and Urban Development; 3) accepting funds from all sources and approving appropriation of CDBG and HOME Administrative fund expenditures as detailed in Attachment 1 for the FY 2022-23 CDBG operating budget ; 4) authorizing the City Manager to execute all documents and certifications necessary to secure and award the CDBG and HOME Administrative Funds for the City; and 5) approving an appropriation of $101,050 from the Housing Trust Fund for the FY 2022-23 operating budget to support non-profit organizations that provide homeless prevention programs for South San Francisco residents. (Heather Ruiz, Management Analyst II) 16. Resolution approving the FY 2022-23 Annual Action Plan for the Community Development Block Grant Program; authorizing its submittal and all other required documents to the U.S. Department of Housing and Urban Development; accepting funds from all sources and approving appropriation of CDBG and HOME fund expenditures as detailed in Attachment 1 of the staff report for the FY 2022-23 CDBG operating budget; authorizing the City Manager to execute all documents and certifications necessary to secure and award the CDBG and HOME Administrative Funds for the City; and approving an appropriation of $101,050 from the Housing Trust Fund for the FY 2022-23 operating budget to support non-profit organizations that provide homeless prevention programs for South San Francisco residents. 16a. Report regarding a Planning Commission recommendation to City Council for consideration of California Environmental Quality Act (CEQA) determinations and to adopt amendments to Title 15 (Buildings and Construction) and Title 20 (Zoning) regarding large family daycare homes, accessory dwelling units, and Design Review requirements pertaining to certain residential developments under state law (Claire Lai, Assistant City Attorney and Tony Rozzi, Chief Planner) 17. Ordinance amending provisions of the South San Francisco Municipal Code to modify Title 15 (Buildings and Construction) and Title 20 (Zoning) regarding large family daycare homes, accessory dwelling units, and Design Review requirements pertaining to certain residential developments under state law. 17a. Page 9 City of South San Francisco Printed on 5/4/2022 April 27, 2022City Council Regular Meeting Agenda ADMINISTRATIVE BUSINESS Report regarding a motion to accept the construction improvements of the 2020 Pavement Rehabilitation Project (No. st2104) as complete in accordance with plans and specifications (Total Construction Cost $2,620,750.90) (Angel Torres, Senior Civil Engineer). 18. Report regarding a Resolution accepting $400,000 in grant funding from C/CAG’s Transportation Development Act (TDA) Article 3 Program and approving Budget Amendment 22.065 and awarding a construction contract to Ray’s Electric of Oakland, California in an amount not to exceed $897,985.90, authorizing a total construction contract authority budget of $1,077,583, and authorizing the City Manager to execute the agreement on behalf of the City for the Hillside Boulevard Road Diet Improvements Project (No. tr1906, Bid No. 2656). (Jeffrey Chou, Associate Civil Engineer) 19. Resolution accepting $400,000 in grant funding from C/CAG’s Transportation Development Act (TDA) Article 3 Program and approving Budget Amendment 22.065 and awarding a construction contract to Ray’s Electric of Oakland, California in an amount not to exceed $897,985.90, authorizing a total construction contract authority budget of $1,077,583 and authorizing the City Manager to execute the agreement on behalf of the City for the Hillside Boulevard Road Diet Improvements Project (No. tr1906, Bid No. 2656). 19a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS ADJOURNMENT Page 10 City of South San Francisco Printed on 5/4/2022 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-224 Agenda Date:4/27/2022 Version:1 Item #:1. Proclamation recognizing May 15-21, 2022 as National Public Works Week.(Mark Nagales, Mayor) City of South San Francisco Printed on 4/22/2022Page 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 #:22-303 Agenda Date:4/27/2022 Version:1 Item #:2. Proclamation recognizing April 2022 as Arab American Heritage Month. (Mark Nagales, Mayor) City of South San Francisco Printed on 4/22/2022Page 1 of 1 powered by Legistar™ Dated: April 27, 2022 RECOGNITION OF ARAB AMERICAN HERITAGE MONTH APRIL 2022 WHEREAS, April has been designated as a time to celebrate the valuable contributions of Arab Americans in the United States; and WHEREAS, the first immigration of individuals of Arabian descent to the United States dates back to the late 1800s and has continued for more than 200 years; and WHEREAS, during this time, Arab Americans have been making valuable contributions to virtually every aspect of American society: in medicine, law, business, education, technology, government, military service, and culture; and WHEREAS, since migrating to America, men and women of Arab descent have shared their rich culture and traditions with neighbors and friends, while also setting fine examples of model citizens and public servants; and WHEREAS, Arab Americans brought with them to America their resilient family values, strong work ethic, dedication to education, and diversity in faith and creed that have added strength to our great democracy; and WHEREAS, Arab Americans have also enriched our society by sharing in the entrepreneurial American spirit that makes our nation free and prosperous; and WHEREAS, the history of Arab Americans remains defaced by misconceptions, bigotry and anti-Arab hate; and WHEREAS, Arab Americans join all Americans in the desire to see a peaceful and diverse society, where every individual is treated equally and feels safe; and WHEREAS, during Arab American Heritage Month, it is imperative to increase awareness about key issues and priorities within the Arab American community and combat harmful stereotypes, prejudice, and discrimination. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco does hereby recognize April as Arab American Heritage Month and commemorates the essential contributions, sacrifices, and accomplishments that Arab Americans have made to our society. ________________________________ Mark Nagales, Mayor ________________________________ Buenaflor Nicolas, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ James Coleman, Councilmember ________________________________ Eddie Flores, Councilmember City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-314 Agenda Date:4/27/2022 Version:1 Item #:3. Proclamation recognizing April as National Volunteer Appreciation Month.(Mark Nagales, Mayor) City of South San Francisco Printed on 4/26/2022Page 1 of 1 powered by Legistar™ Dated: April 27, 2022 RECOGNITION OF NATIONAL VOLUNTEER MONTH IN APRIL WHEREAS, the month of April has been designated nationally as Volunteer Appreciation Month to recognize the hard work, dedication, and passion of volunteers and national service members throughout our nation; and WHEREAS, throughout this past year, volunteers found unique and innovative ways to spread joy and meet the emotional and physical needs of others, even while adhering to social distancing measures; and WHEREAS, volunteering one’s time, talents and resources has been an integral part of our heritage since the early days of our nation and it is essential that we continue this tradition of giving and sharing to preserve and improve the quality of life for all citizens in our community; and WHEREAS, the City of South San Francisco believes that government alone cannot meet all of our city’s needs, so we partner with businesses, non-profit organizations, foundations, and individuals who serve in city government and in our community to make a difference; and WHEREAS, the City of South San Francisco has an outstanding group of citizen volunteers who give of their time to greet and meet the needs of our citizens and give of their unselfish efforts to help shape our government, which can affect positive change; and WHEREAS, the City of South San Francisco wants to take this time to recognize the more than 1,500 volunteers that have served the city ranging from Improving Public Places, to holiday food distribution events and food delivery, to Friends of Parks and Recreation and Friends of the Library, to our volunteers who helped with the COVID-19 mass testing site at 616 Linden Avenue, to assisting with tax preparation and Project Read tutoring, to volunteering for Full of Fun Camp for Young People with Special Needs, to volunteering for our annual, wildly popular Halloween Extravaganza. In addition, the City recognizes the more than 100 volunteers with our Adopt a Storm Drain program, which has helped reduce localized flooding and decrease litter and debris from entering our 125 miles of South San Francisco stormwater infrastructure and waterways. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of South San Francisco does hereby recognize April as National Volunteer Month and says “thank you” to all individuals, groups, and businesses who have given time, energy, and resources to our community through volunteer service. ________________________________ Mark Nagales, Mayor ________________________________ Buenaflor Nicolas, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ James Coleman, Councilmember ________________________________ Eddie Flores, Councilmember City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-302 Agenda Date:4/27/2022 Version:1 Item #:4. Motion to approve the Minutes for the meetings of March 23, 2022 and April 6, 2022. City of South San Francisco Printed on 4/28/2022Page 1 of 1 powered by Legistar™ CALL TO ORDER Mayor Nagales called the meeting to order at 6:00 p.m. ROLL CALL Councilmember Addiego, present in Council Chambers Councilmember Coleman, present in Council Chambers Councilmember Flores, present in Council Chambers Vice Mayor Nicolas, present in Council Chambers Mayor Nagales, present in Council Chambers PLEDGE OF ALLEGIANCE Mayor Nagales led the pledge. AGENDA REVIEW No changes. ANNOUNCEMENTS FROM STAFF City Manager Futrell informed the community about the free COVID-19 testing site at 616 Linden Avenue (Monday-Friday) was still available, registration requested, but not required. The last day of operation will be March 31, 2022. PRESENTATIONS 1. Proclamation recognizing April 3-9, 2022, as National Library Week. (Mark Nagales, Mayor) Mayor Nagales read into the record the proclamation recognizing April 3-9, 2022 as National Library Week. Library Board member Huddleston accepted the recognition and thanked the Council for their support. PUBLIC COMMENTS The following individuals provided public comment: In-Person: Tom Carney Martha Sanchez – Meat Market Carniceria Tepa Leonela Zavalza – Meat Market Carniceria Tepa MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, MARCH 23, 2022 6:00 p.m. Hybrid In-Person/Virtual via Zoom The City Council may meet by teleconference, consistent with the Brown Act as amended by AB 361 (2021. Under the amended rules, the City will not provide a physical location for members of the public to participate in the teleconference meeting. REGULAR CITY COUNCIL MEETING MARCH 23, 2022 MINUTES PAGE 2 Ruth Chavarria – Chavarria’s Market Via Zoom: Ellen Hage – Faith in Action Bay Area Lorena Melgarejo – Faith in Action Bay Area Members of the City Council engaged in a conversation addressing the recent notices issued to downtown businesses alleging ADA violations such as inaccessible front doors and restrooms. City Manager Futrell stressed the complexity of the issue and indicated that the staff continues to work with the South San Francisco Chamber of Commerce. City Attorney Woodruff explained the legal process and noted that he would work with the City Manager to explore options for the business community further. Mayor Nagales recessed the meeting at 6:27 p.m. Mayor Nagales resumed the meeting at 6:28 p.m. COUNCIL COMMENTS Vice Mayor Nicolas congratulated the staff for receiving the 2022 Cultural Diversity Award Silver Level from the League of Cities for the city’s commitment to equity. She thanked public safety personnel for their professional and prompt response to service. She provided an overview of the financial assistance program for rental assistance and noted that the deadline to apply was March 31, 2022. Councilmember Addiego thanked the Fire and Police department personnel for their professionalism in responding to service calls. He requested to adjourn the meeting in memory of former South San Francisco resident Anna Marie Bartoli. Councilmember Coleman expressed his concern with the upcoming expiration of rental assistance and eviction moratorium. He proposed enacting an emergency ordinance to continue protecting tenants from April 1 - to December 31, 2022, emphasizing the need to ensure adequate rental relief programs in the city and county. City Manager Futrell indicated that the YMCA holds approximately $150k from city funds for renter protection funding. He provided an overview of the services offered by the YMCA and encouraged community members in need to contact the center or City Hall for more information. Chief Planner Rozzi indicated that funding continued to be available, and applicants were not limited to one-time funding. Councilmember Flores requested additional outreach to inform the community that funding continued to be available through the YMCA. A consensus of the City Council to postpone further conversation and instead increase outreach efforts to the community via the South San Francisco Promotores Outreach Program. Councilmember Flores encouraged South San Francisco Unified School District high school seniors pursuing a degree in arts to apply for the Cultural Arts Commission Grant, which awards $1k to students from South San Francisco High School, El Camino High School, and Baden Continuation school. The deadline to apply is April 18, 2022, and more information is available on the city's website. He requested bilingual signage at the Economic Advancement Center for the Spanish- speaking business community. Lastly, he apprised the Council and the community that South San Francisco received Caltrain Go Pass program vouchers. He suggested that the Promotores assess the need in the community before distributing it to the community. REGULAR CITY COUNCIL MEETING MARCH 23, 2022 MINUTES PAGE 3 Mayor Nagales apprised the community of the progress of the former Safeway site on Spruce Avenue and expressed his enthusiasm for the project. He requested that the City Manager and City Attorney apprise the council of the city's policies and procedures regarding red-tagged structures, including enforcement of in-law units and occupant compensation. He requested to adjourn the meeting in memory of South San Francisco resident EddyAnn Marie Thompson. CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific item as follows. Item No. 5 pulled by Councilmember Addiego for further discussion. 2. Motion to approve the Minutes for the meetings of September 8, 2021, March 1, 2022, and March 2, 2022. 3. Housing Successor Agency Annual Report for Fiscal Year 2020-2021. (Deanna Talavera, Management Analyst II and Samantha Wu Rose, RSG) 4. Report regarding Resolution No. 37-2022 to adopt proposed amendments to the Public Works Engineering Division section of the City of South San Francisco Master Fee Schedule for Fiscal Year 2021 2022 (Jason Hallare, Senior Civil Engineer; Matt Ruble, Principal Engineer)) 5. A report regarding Resolution No. 38-2022 approving the purchase of one basic life support (BLS) ambulance in the amount of $185,702 with added equipment and technology in the amount $77,163 for a total not to exceed amount of $262,865; authorizing the City Manager to enter into a purchase agreement with Red Sky Emergency Vehicles in the amount of $245,565; and approve budget amendment 22.055 to appropriate $202,406 from General Fund Reserves and $60,459 from the Public Safety Impact Fee Fund into the Vehicle Replacement Fund for purchase. (Richard Walls, Emergency Management Services Battalion Chief) 6. Report regarding Resolution No. 39-2022 approving a first amendment to the contract purchase agreement with JWC Environmental, Inc. with a revised not to exceed the amount of $210,000 for FY 2021-22 and authorize the City Manager to execute any necessary agreements on behalf of the City of South San Francisco. (Brian Schumacker, Water Quality Control Plant Superintendent) 7. Report regarding a resolution conditionally approving the proposed access easement on City of South San Francisco property APN 015-190-180 to Sanfo Group regarding 101 Gull Drive, subject to Planning Commission approval of applicable entitlements, and authorizing the City Manager to execute an easement agreement. (Jason Hallare, Senior Civil Engineer) 8. Report regarding Resolution No. 41-2022 authorizing the acceptance of $14,500 in grant funding from the California Water Service Firefighter Grant Program to purchase wildland firefighting personal protective equipment and approve budget amendment 22.056 amending the Fire Department’s Fiscal Year 2021-2022 Operating Budget. (Jesus Magallanes, Fire Chief) 9. Report regarding Resolution No. 42-2022 approving a purchasing agreement with CDCE Incorporated, for thirty-five police mobile computers in the amount not to exceed $204,299; and authorizing the City Manager to execute the agreement (Tony Barrera, Director of Information Technology) REGULAR CITY COUNCIL MEETING MARCH 23, 2022 MINUTES PAGE 4 10. Report regarding Resolution No. 43-2022 to continue conducting City Council and advisory body meetings remotely due to health and safety concerns for the public and making related findings (Sky Woodruff, City Attorney) 11. Report regarding Ordinance No. 1631-2022 amending Title 14, Chapter 14.14, Section 14.14.190 of the South San Francisco Municipal Code to require sewer lateral inspection and correction upon property transfer due to a sale. (Eunejune Kim, Director of Public Works, and David Bockhaus, Deputy Public Works Director) 12. Report regarding Ordinance No. 1632-2022 amending Chapter 2.16 Municipal Elections of the South San Francisco Municipal Code adopting a map with no changes to the boundaries of the five City Council voting districts. (Rosa Govea Acosta, City Clerk, and Kristen Parks, National Demographics Corporation) Item No. 5: Councilmember Addiego noted the department's proactive approach in replacing equipment to ensure the community is served adequately and requested clarification on funding. City Manager Futrell provided an overview of the funding process and services. Motion — Councilmember Flores /Second – Councilmember Addiego: To approve Consent Calendar 2-12, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. ADMINISTRATIVE BUSINESS 13. Report regarding acceptance of the 2021 Housing Element and General Plan Annual Progress Report. (Tony Rozzi, Chief Planner and Stephanie Skangos, Associate Planner) Associate Planner Skangos presented the report and provided an overview of the Annual Progress Report (APR) and progress of the present Housing Element and General Plan as required under California Government Code Section 65400. She indicated that each year, by April 1, 2022, the APR must be presented to the City Council, the California Department of Housing and Community Development (HCD), and the State Office of Planning and Research (OPR) (with a 60-day grace period). Councilmember Flores requested clarification on the process of qualification and thresholds. Chief Planner Rozzi provided an overview of Senate Bill 35 (SB35). Mayor Nagales expressed his disappointment with the city's Regional Housing Need Allocation (RHNA) numbers and inquired about the current number of projects. Chief Planner Rozzi indicated that an estimated 3400 housing units are projected for development in the city. Motion — Vice Mayor Nicolas /Second – Councilmember Coleman: To approve, by motion, the 2021 Housing Element and General Plan Annual Progress Report, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. 14. Report regarding consideration of an updated Memorandum of Understanding (Version 14) between the City of South San Francisco and the South San Francisco Unified School District concerning the use and duties of School Liaison Officers (Amy Ferguson, Management Fellow) REGULAR CITY COUNCIL MEETING MARCH 23, 2022 MINUTES PAGE 5 Management Fellow Ferguson presented the report, provided an overview of the proposed revisions, and indicated that while the city and district continue to develop the MOU, the SLO program has been put on hold. She noted that the report includes version 14 of the MOU, with most of the council's revisions approved by the School Board. The council engaged in further conversations and requested clarification on the proposed revisions. City Manager Futrell and City Attorney Woodruff provided an overview and noted the council's proposed revisions. Motion — Councilmember Flores /Second – Councilmember Coleman: To approve, with modifications, by motion, version 14 of the updated Memorandum of Understanding between the City of South San Francisco and the South San Francisco Unified School District concerning the use and duties of School Liaison Officers, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. 15. Report regarding resolutions (1) authorizing the issuance of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services) Special Tax Bonds (Oyster Point), Series 2022 in a principal amount not to exceed $25 million, approving certain documents including an indenture and a preliminary official statement and taking certain other actions in connection therewith; and (2) authorizing the execution and delivery of an Amended and Restated Acquisition, Construction and Funding Agreement relating to City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services) and a second amendment to the Development Agreement relating to Oyster Point. (Jason Wong, Acting Director of Finance and Sky Woodruff, City Attorney) Acting Director of Finance Jason Wong provided an overview of the Community Facilities District. Mike Grisso, Senior Vice President of Development and Land Planning of Kilroy Realty Corporation presented the report and the proposed project. 15a. Resolution No. 44-2022 of the City Council of the City of South San Francisco, California, acting as the legislative body of City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California, authorizing the issuance of its special tax bonds (Oyster Point), Series 2022 in a principal amount not to exceed twenty-five million dollars ($25,000,000) and approving certain documents and taking certain other actions in connection therewith Motion — Vice Mayor Nicolas /Second – Councilmember Coleman: To approve, Resolution No. 44- 2022, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. 15b.Resolution No. 45-2022 of the City Council of the City of South San Francisco as Legislative Body for the City of South San Francisco Community Facilities District No. 2021-01 (Public Facilities and Services), City of South San Francisco, County of San Mateo, State of California, Approving an Amended and Restated Acquisition, Construction and Funding Agreement and Resolution of the City Council of the City of South San Francisco Approving a Second Amendment to the Development Agreement relating to the Oyster Point Development. REGULAR CITY COUNCIL MEETING MARCH 23, 2022 MINUTES PAGE 6 Motion — Councilmember Coleman /Second – Councilmember Flores: To approve, Resolution No. 45-2022, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. 16. Report regarding Resolution No. 46-2022 to amend the salary schedule for the City of South San Francisco to reinstate the classification of Deputy Police Chief (Leah Lockhart, Human Resources Director) Human Resources Director Lockhart presented the report and provided the history of the position of Deputy Police Chief, created in 2013 to give the Police Department second-in-command leadership and administrative control. The Deputy Police Chief's duties include taking over the duties of the Police Chief when necessary and aiding the Chief by providing leadership and administrative support to the department's operational divisions. In 2016 the position was eliminated due to the department's restructuring and had not received wage adjustments over the last six years. Staff recommends establishing a Deputy Police Chief salary range that is five percent (5%) above the classification of Police Captain and ten percent (10%) below the Police Chief ($205,963-$250,349 annually). Motion – Councilmember Addiego / Second – Vice Mayor Nicolas: To approve Resolution No. 46-2022 amending the salary schedule for the City of South San Francisco to reinstate the classification of Deputy Police Chief, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: None; ABSENT: None; ABSTAIN: None. 17. Report regarding an ordinance amending Title 8, Chapter 8.72 of the South San Francisco Municipal Code regulating the use of disposable food service ware by food facilities. (Christina Fernandez, Chief Sustainability Officer) Chief Sustainability Officer Fernandez presented the report and indicated that the City of South San Francisco began looking into banning plastic foodservice equipment, notably plastic straws given by restaurants and fast-food places, in March 2019. As a result, the Council unanimously passed Ordinance 1628-2021, "Disposable Food Service Ware," on March 25, 2020, creating Chapter 8.72 of the South San Francisco Muni Code, which regulates the use of disposable culinary service ware at food facilities in the city. She noted that the city's Disposable Food Service Ware Ordinance was based on the County of San Mateo's Model Ordinance - the city is one of thirteen in San Mateo County to adopt the model ordinance. Due to new state regulations under AB 1276 and AB 1200, the County Office of Sustainability revised its ordinance to comply with new state regulations. Because the City's Chapter 8.72 was enacted after the County's model ordinance, such adjustments are now required to conform with state law and to correspond with the County's rules. Councilmember Flores thanked the staff for the presentation and information. He requested that staff prepare a flyer with financial incentives for local businesses to engage their support and provide resources in partnership with the County of San Mateo. Eun-Soo Lam, a Senior Sustainability Specialist with the County of San Mateo, provided an overview of outreach efforts and thanked the city for their continued partnership. Motion – Councilmember Coleman / Second – Vice Mayor Nicolas: To introduce and waive further reading of an ordinance amending Title 8, Chapter 8.72 of the South San Francisco Municipal Code regulating the use of disposable food service ware by food facilities, by roll call vote: AYES: Councilmembers Addiego, Coleman, and Flores, Vice Mayor Nicolas, and Mayor Nagales; NAYS: REGULAR CITY COUNCIL MEETING MARCH 23, 2022 MINUTES PAGE 7 None; ABSENT: None; ABSTAIN: None. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Councilmember Flores acknowledged and thanked the South San Francisco Unified School District Board of Trustees for the invitation to participate in Senator Padilla's roundtable at South San Francisco High school and noted the importance of engaging the youth in the democratic process. ADJOURNMENT Being no further business Mayor Nagales adjourned the meeting at 8:29 p.m. in memory of South San Francisco residents Anna Marie Bartoli and EddyAnn Marie Thompson. Submitted by: Approved by: Rosa Govea Acosta, MMC, CPMC Mark Nagales City Clerk Mayor Approved by the City Council: / / CALL TO ORDER Mayor Nagales called the meeting to order at 6:02 p.m. ROLL CALL Present: Councilmembers Addiego, Coleman and Flores (Zoom), Vice Mayor Nicolas, and Mayor Nagales. Present: Chair Shihadeh, Vice Chair Tzang (Zoom), Planning Commissioners Faria, Murphy, Evans, Funes (Zoom), and De Paz Fernandez (Zoom) – arrived at 6:10 p.m. AGENDA REVIEW None. PUBLIC COMMENTS – comments are limited to items on the Special Meeting Agenda. None. ADMINISTRATIVE BUSINESS 1. Report on General Plan Update Study Session - Climate Action Plan (Lisa Costa Sanders, Project Administrator and Billy Gross, Principal Planner) Principal Planner Gross, Eric Yurkovich and Sami Taylor, Raimi + Associates presented the report on the Climate Action Plan. The Climate Action Plan outlined how the City created policies, programs, and services that would support the community in reducing greenhouse gas emissions. Councilmember Coleman discussed the analysis of the disadvantaged community (east side) most prone to flooding. He suggested shifting focus to old town and areas around Colma Creek - especially since air quality near Highway 101 was worse due to proximity to the highway. He MINUTES JOINT SPECIAL MEETING CITY COUNCIL AND PLANNING COMMISSION CITY OF SOUTH SAN FRANCISCO WEDNESDAY, APRIL 6, 2022 6:00 p.m. Hybrid In-Person/Virtual via Zoom The City Council may meet by teleconference, consistent with the Brown Act as amended by AB 361 (2021. Under the amended rules, the City will not provide a physical location for members of the public to participate in the teleconference meeting. JOINT SPECIAL CITY OF THE CITY COUNCIL AND PLANNING COMMISSION APRIL 6, 2022 MINUTES PAGE 2 recommended addressing Climate Change especially due to cost and providing rebates, cost should never be a hindrance. Councilmember Addiego asked for clarification on the Green House Gases (GHG) emissions pie chart that breaks down residential and transportation, it gave the total metric tons from 2005 – 2007, and was wondering whether it was a 12-year spread, not a 2-year. Chief Planner Rozzi confirmed it was a 12-year spread. Councilmember Addiego requested the breakdown of tons in each category and noted that residential appeared to be going down. He advised that transportation was key and continued to impact the ability to end reduction. Mayor Nagales stated that it was a great opportunity to promote alternative use of transportation due to the increased cost of fuel. He met with a prospective biotech company that stated 40% of their employees will use alternative modes of transportation. He suggested that the city revisit its own policy to increase the current 28%. Mayor Nagales discussed how Colma Creek was planning on being an ecological habitat. He suggested making a push to make the city bike-friendly by building protected bike lanes and encouraging residents to use bikes. Chair Shihadeh inquired whether companies that come to South San Francisco required a permit for their fleet vehicles. Senior Planner Gross stated it depended on what the previous use of the facility was. If the facility did not previously facilitate that type of use, then a permit would be required. Commissioner Funes stated the public could be discouraged to use Caltrain if the residents still had to use a vehicle to get to the station. She advised the city’s shuttle bus service was very limited in services. The ferry is convenient and should be promoted more often. Her top three policies were transportation, education and outreach, and rebates; suggested partnering with private companies to make cost-effective programs. Mayor Nagales recommended connecting transportation services so visitors can get around the city without the use of shared ride services such as Uber. Councilmember Flores requested clarification on low and supportive recommended strategies to reduce GHGs. Ms. Taylor provided an overview of the greenhouse reductions and advised that when added together, they added up to a robust reduction program. He inquired about the type of certification the new LPR building, and the new Police Station received, and whether the new buildings qualified under CAPS recommendation. City Manager Futrell stated the new buildings were not LEAD certified as Council deemed them as a high cost with not a great return, but the buildings were built to green code effectively-being green-certified but without the official certification. Councilmember Flores spoke about the equitable program and recommended the definition of equity versus equality be further highlighted in the report and executive summary. He emphasized the importance of outreach to Spanish-speaking and multilingual communities regarding sea-level rise and climate change and how it affects them due to their priority concerns. He had concerns about asking the Spanish-speaking community to attend a town hall meeting to provide feedback on a document that was only provided in English. Commissioner Murphy stated it was helpful for the Climate Action tables to have the cost of implementation by the city or participants. She advised that one of the things that might be helpful for the General Plan there was a prioritization list for policies tied to goals and suggested including those in the CAP for annual review if necessary. Senior Planner Gross indicated that staff was requesting for each member to list their top three policy priorities to ensure all efforts were clearly identified. JOINT SPECIAL CITY OF THE CITY COUNCIL AND PLANNING COMMISSION APRIL 6, 2022 MINUTES PAGE 3 Commissioner Faria inquired whether staff had the GHG total metric tons data for 2019 and 2020. Mr. Yurkovich discouraged using 2020 data because the profile was probably an aberration and would not necessarily track correct data and suggested looking at 2019 emissions. He encouraged transparency to show the residents how the city operates and make sure residents had enough information to make decisions. Vice Mayor Nicolas stated the importance of having an equitable disadvantaged community program which was not cheap so funding would be an issue. Her top priorities were educating the public on sustainability and making it reasonable for everyone to make the change to electric. Vice Chair Tzang was delighted to see the cost-effectiveness resulting in more housing and accessory dwelling units (ADU). He mentioned his clients being discouraged to make the switch to fully electric appliances due to the high costs associated with the rebate program. He recommended doing a better job at promoting the benefits of making the switch to electric appliances and educating the public about the disadvantages of gas appliances. His top priority was the new mode of transportation would be effective and needed to be educated and incentivized. Commissioner De Paz Hernandez asked to be mindful of the financial impact and increase in rental costs. He suggested educating the public on biking transportation and recommended outreach on the rules and regulations for the safety of bikers. He advised that the link to the Bicycle and Pedestrian Plan that was recently released to the public, but the link did not contain the plan. His top three priorities were 1) transportation – low-hanging fruit goals. Recommended connecting various public transportation, 2) education and 3) infrastructure around biking. Councilmember Coleman advised that the three most important policies were 1) outreach for commercial reach codes, 2) adoption of a burn-out ordinance similar to Menlo Park and Half Moon Bay to transition existing buildings to all-electric, and 3) the need for last mile transit and figure out ways to add additional bus stops and expand the frequency of bus routes. Commercial Evans stated her top priority was public transportation before removing parking spaces. She was concerned that the city was not doing enough education for the public. Chair Shihadeh stated the biggest challenge was educating the community and outreach to the various communities. He believed that transportation was key and recommended being realistic about ridership needs. Chair Shihadeh’s third policy was building and residents and believed the city had done a great job with biotech development with city standards. Councilmember Flores prioritized education and stated it was key to ensure longevity and how the city would implement and apply the programs. He stated that the rebate program was also key and suggested collaborating with regional agencies and working together collaboratively. Mayor Nagales stated some short-term accomplishments included increasing TDM’s and bike and pedestrian master plan having dedicated and protected bike lanes. Long-term accomplishments were rebates and last mile. He stated to fully convert from gas to electric appliances, there needed to be a financial ability for renters or homeowners. ADJOURNMENT Being no further business Mayor Nagales adjourned the meeting at 7:47 p.m. JOINT SPECIAL CITY OF THE CITY COUNCIL AND PLANNING COMMISSION APRIL 6, 2022 MINUTES PAGE 4 Respectfully submitted by: Approved by: Gabriel Rodriguez Mark Nagales Deputy 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 #:22-246 Agenda Date:4/27/2022 Version:1 Item #:5. Report regarding a motion to accept the construction improvements of Spruce Avenue and Commercial Avenue Traffic Improvements Project (No.tr1801)as complete in accordance with plans and specifications (Total construction cost $693,473.08)(Angel Torres, Senior Civil Engineer). RECOMMENDATION It is recommended that the City Council,by motion,accept the construction improvements of the Spruce Avenue and Commercial Avenue Traffic Improvements in accordance with plans and specifications (Total construction cost $693,473.08) BACKGROUND/DISCUSSION On May 13,2020,the City Council of South San Francisco awarded the Spruce Avenue and Commercial Avenue Traffic Improvements Project to Columbia Electric, Inc. of San Leandro, California. The intent of this project was to install a new traffic signal at the intersection of Spruce Avenue and Commercial Avenue, as well as the installation of other safety infrastructure. The work completed consisted of the replacement of an existing all-way stop with the installation of a new traffic signal at the four-way intersection of Spruce Avenue and Commercial Avenue with pedestrian countdown timers,as well as the reconstruction of the intersection.The reconstruction of the intersection consisted of the removal and replacement of concrete curb,gutter,sidewalk,and curb ramps,as well as the overlay of the asphalt surface and replacement of pavement striping and markings.Other improvements consisted of the installation of a new video vehicle detection system,a new traffic signal controller cabinet,a new service meter cabinet, and ADA compliant curb ramps. The Engineering Division inspected the work and found the project to be complete in accordance with the contract documents as of December 18,2021.Project location map and construction photos are included as Attachments 1 and 2, respectively, of this staff report. FISCAL IMPACT The project is currently funded in the City of South San Francisco’s fiscal year 2020-21 Capital Improvement Program (Project No.tr1801)with sufficient funds allocated to cover the Total Project Budget.The program includes $444,000 of HSIP grant funds,$666,500 of City Measure A funds with the remaining funding coming from Gas Tax, and Road Maintenance and Rehab (SB1). The total construction cost incurred for the project is summarized as follows: Projected Actual Construction Contract $ 637,600.00 $ 637,600.00 Construction Contingency (actual ~9%)$ 127,520.00 $ 55,873.08 Total Construction Budget $ 765,120.00 $ 693,473.08 City of South San Francisco Printed on 4/28/2022Page 1 of 2 powered by Legistar™ File #:22-246 Agenda Date:4/27/2022 Version:1 Item #:5. 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 as complete.Upon acceptance,a Notice of Completion will be filed with the County of San Mateo Recorder’s office.At the end of the thirty-day lien period,the retention funds will be released to the contractor after the City receives one-year warranty bond. Attachments: 1.Project Location Map 2.Construction Photos City of South San Francisco Printed on 4/28/2022Page 2 of 2 powered by Legistar™ Attachment 1: Vicinity Map (tr1801 –Intersection Signalization) Attachment 2 -Spruce and Commercial Intersection Traffic Improvements (tr1801) AfterBefore Attachment 2 -Spruce and Commercial Intersection Traffic Improvements (tr1801) AfterBefore Attachment 2 -Spruce and Commercial Intersection Traffic Improvements (tr1801) AfterAfter City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-253 Agenda Date:4/27/2022 Version:1 Item #:6. Report regarding a resolution for a purchase and service agreement with Edgeworth Integration, LLC for the replacement of surveillance cameras, video management software and server equipment in the amount not to exceed $216,116; and authorize the City Manager to execute the agreement (Tony Barrera, Director of Information Technology) RECOMMENDATION Staff recommends the City Council approve the purchase and service agreement with Edgeworth Integration LLC for the replacement of surveillance cameras,video management software and server storage.The current system has failing camera equipment and obsolete video software. BACKGROUND/DISCUSSION The city currently has 127 single and multi-lens surveillance cameras in many city owned facilities. Most of the equipment have been in use for over a decade and need to be replaced due to hardware failure, end-of-life servers, and outdated Video Management Software (VMS). The current VMS servers are decentralized and operating on multiple end-of-life standalone servers, making it difficult for staff to connect, retrieve and export videos. The surveillance camera system is only used by authorized personnel, including the police department, to view past recordings of all incidents. The surveillance system is not monitored in real time. Furthermore, California law requires agencies to store video for one year; but because of lack of storage capacity, staff is required to save video to tape making it very difficult to review footage. In March 2022, the Information Technology Department issued a Request for Proposal for the procurement and installation of an Avigilon surveillance camera system. It was published on the city website and city bidding website OpenGov (formally known as ProcureNow). The bid site notified 319 companies but only three local companies submitted proposals. City staff evaluated the proposals and selected Edgeworth Integration based on price and references. Edgeworth Integration is an established local provider that has been in business for over 15 years. They have worked with many cities in the Bay Area, including South San Francisco as the City selected them to install surveillance cameras for the new police station. Below are the proposal costs: Vendor Cost Edgeworth Integration, LLC $ 196,469.00 AVS Technology $ 227,990.00 Inter-Pacific, Inc. $ 321,725.00 Edgeworth Integration will procure and replace a total of twenty-four outdated cameras with Avigilon cameras at the Corporation Yard,Orange Memorial Park,Centennial Trail,and the Water Treatment Plant;and provide one high performance server with new Avigilon video management software and licenses.They will also install a new intercom with camera at the entrance door to the Corporation Yard,providing easier visibility for staff. City of South San Francisco Printed on 4/28/2022Page 1 of 2 powered by Legistar™ File #:22-253 Agenda Date:4/27/2022 Version:1 Item #:6. a new intercom with camera at the entrance door to the Corporation Yard,providing easier visibility for staff. The VMS server will store over one year of data to comply with California law and have the capacity to migrate other cameras to the system.The new software will provide authorized staff with an easier and faster export process as well as new analytical search functions.The VMS does not include facial recognition features.Edgeworth offers a one-year warranty for labor and support,while the server comes with a five-year warranty and the cameras come with a three-year warranty. The total cost with a 10% contingency is $216,117. FISCAL IMPACT Funding for this phase of the surveillance system modernization is included in the Information Technology budget for 2021-2022,and sufficient funds have been allocated to cover these costs.Staff expects a second phase of the project next fiscal year to update the cameras at the Miller garage and will request funding at the appropriate time. RELATIONSHIP TO STRATEGIC PLAN This item is in line with the Strategic Plan Priority:Public Safety CONCLUSION The city surveillance camera system is an important component to deter and resolve crimes. The current system is failing and must be replaced to continue to capture necessary footage. City of South San Francisco Printed on 4/28/2022Page 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 #:22-254 Agenda Date:4/27/2022 Version:1 Item #:6a. Resolution approving a purchase and services agreement with Edgeworth Integration,LLC.,for the replacement of surveillance cameras,video management software and server equipment in the amount not to exceed $216,117.00; and authorize the City Manager to execute the agreement WHEREAS,the City’s current surveillance camera system has failing camera equipment and obsolete video software which makes it difficult for authorized personnel to retrieve and export video footage; and WHEREAS, the current lack of storage requires staff to save footage to video tape; and WHEREAS,the IT Department issued a request for proposal for the procurement and installation of an Avigilon surveillance camera system,319 companies were notified,and three local companies submitted proposals; and WHEREAS, Edgeworth Integration was selected based on skill, price and references; and WHEREAS,Edgeworth Integration will provide Avigilon Camera Systems,intercom equipment,and related hardware and services for various City facilities; and WHEREAS,the new camera system will provide employees with an easier and faster export process,analytical search functions and will store one year of data to comply with California law. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby takes the following actions: 1.Approves a purchase agreement with Edgeworth Integration,LLC.,a copy of which is attached hereto and incorporated herein as Exhibit A,for the purchase of Avigilon Camera Systems,intercom equipment and related hardware and services for an amount not to exceed $216,117.00. 2.Authorizes the City Manager to execute the services and purchase agreement in substantially the same form as Exhibit A,and 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, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 4/28/2022Page 1 of 2 powered by Legistar™ File #:22-254 Agenda Date:4/27/2022 Version:1 Item #:6a. City of South San Francisco Printed on 4/28/2022Page 2 of 2 powered by Legistar™ Short Form Services Agreement [Rev:11/14/2016] 1 SOUTH SAN FRANCISCO PURCHASE AND SERVICES AGREEMENT This Purchase and Services Agreement (this “Agreement”) is made and entered into between the City of South San Francisco, a municipal corporation (“City”) and Edgeworth Integration, LLC., (“Consultant”) effective as of April 28, 2022, the “Effective Date”). City and Consultant are hereinafter collectively referred to as (the “Parties”). In consideration of their mutual covenants, the Parties hereby agree as follows: 1. Scope of Services. Consultant shall provide the following services and/or materials (“the Work”): Provide Avigilon Camera Systems and intercom equipment and hardware to the City for deployment at the City Corporation Yard, Orange Memorial Park, Water Treatment Plant and Centennial Trail; provide services such as access control, cable and video system operation and adjustments, program operation and testing, and training for said equipment and hardware; perform incidental installation and project management of said equipment and run necessary cables and connect cameras to existing network, as more specifically described in the Scope of Services, attached hereto as Exhibit A. The Work shall commence on April 28, 2022 and shall be completed to the satisfaction of the City by June 30, 2022 unless such date is extended or otherwise modified by the City in writing. In the event of a conflict or inconsistency between the text of the main body of this Agreement and Exhibit A, the text of the main body of this Agreement shall prevail. 2. Payment. City shall pay Consultant an amount not to exceed: Two Hundred Sixteen Thousand One Hundred Seventeen Dollars ($216,117.00) which includes a 10% contingency, for the full and satisfactory completion of the Work in accordance with the terms and conditions of this Agreement. The calculation of payment for the Work shall be set forth as follows: the City shall be invoiced for equipment upon receipt. Installation will be invoiced upon completion of each site. The amount stated above is the entire compensation payable to Consultant for the Work performed hereunder, including all labor, materials, tools and equipment furnished by Consultant. City shall make payments, based on invoices received, for Work satisfactorily performed. City shall have thirty (30) days from the receipt of an invoice to pay Consultant. 3. Independent Contractor. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the City and Consultant. At all times Consultant shall be an independent contractor and City shall not control the manner of Consultant accomplishing the Work. Consultant is not authorized to bind the City to any contracts or other obligations without the express written consent of the City. 4. Indemnification. To the fullest extent permitted by law, Consultant shall indemnify, defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants (collectively, the “City Indemnitees”) from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorneys’ fees and costs of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Consultant’s performance of the Work or Consultant’s failure to comply with this Agreement, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. 5. Insurance. Prior to beginning the Work and continuing throughout the term of this Agreement, Consultant (and any subcontractors) shall, at Consultant’s (or subcontractor’s) sole cost and expense, furnish the City with certificates of insurance evidencing that Consultant has obtained and maintains insurance in the following amounts: A. Workers’ Compensation that satisfies the minimum statutory limits. Short Form Services Agreement [Rev:11/14/2016] 2 B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the Consultant, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the C ity Indemnitees as additional insureds with any City insurance shall be secondary and in excess to Consultant’s insurance. 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. The certificates shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation, termination or non-renewal of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation, termination or non-renewal. The City’s Risk Manager may waive or modify any of the insurance requirements of this section. 6. Compliance with all Applicable Laws; Nondiscrimination. Consultant shall comply with all applicable local, state and federal laws, regulations and ordinances in the performance of this Agreement. Consultant shall not discriminate in the provision of service or in the employment of persons engaged in the performance of this Agreement on account of race, color, national origin, ancestry, religion, gender, marital status, sexual orientation, age, physical or mental disability in violation of any applicable local, state or federal laws or regulations. 7. Termination. City may terminate or suspend this Agreement at any time and without cause upon written notification to Consultant. Upon receipt of notice of termination or suspension, Consultant shall immediately stop all work in progress under this Agreement. The City's right of termination shall be in addition to all other remedies available under law to the City. 8. Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Purchase Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by 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 Short Form Services Agreement [Rev:11/14/2016] 3 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. 9. 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 B. 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. 10. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 11. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This Agreement may be modified or amended only by a subsequent written agreement signed by both Parties. 12. Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City shall be personally liable to Consultant in the event of any default or breach by City or for any amount which may become due to Consultant pursuant to this Agreement. 13. Prevailing Party. In the event that either party to this Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated with that legal action or proceeding. 14. Notice. 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 Short Form Services Agreement [Rev:11/14/2016] 4 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: Edgeworth Integration, LLC. 100 Commerce Drive, Suite 200 Pittsburgh, PA 15275 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 15. Execution in Counterpart. 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. 16. Assignment, Governing Law. The Consultant may not assign any of Consultant’s obligations under this Agreement without the City’s prior written approval. This Agreement is governed by California law. The jurisdiction for any litigation arising from this Agreement shall be in the state of California, and shall be venued in the County of San Mateo. IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above. CITY: CONSULTANT: By: _____________________________ By:__________________________ Mike Futrell, City Manager Print Name: ___________________ Title: _______________________ APPROVED AS TO FORM: ____________________________ City Attorney 2729961.1 5093705.1 PREPARED FOR: City of South San Francisco 2022 - Server and licenses Brandon Haddad VP Sales & Operations bhaddad@edgeworthsecurity.com +1 6507874984 (925) 968-2639 1000 Commerce Dr. Suite 200 Pittsburgh, PA 15275 US The information contained within this report is proprietary and confidential. This report should be distributed to only those individuals with a need-to-know. Paper copies should be properly secured, and electronic copies stored offline and protected appropriately. Edgeworth Security City of South San Francisco CONFIDENTIAL This document is proprietary and confidential. No part of this document may be disclosed in any manner to a third party without prior written consent form Edgeworth Security, LLC. System Design Description Security system design and integration plan detailed below for Client. Proposal Assumptions Clarifications & Exclusions: 1. EW is a fully bonded and insured, (non-union) specialty contractor licensed with the California State Licensing Board 2. It is assumed that the work stated herein, can be achieved during normal business hours (Mon-Fri 7am-5pm), unless otherwise noted. 3. This proposal has been bid at State of CA Prevailing Wage Rates. 4. Our security designs may include various countermeasures to offset currently known security (hacking) vulnerabilities, with security levels predicated upon discussed needs, customer priorities, and customer budget. 5. All new electrical conduit & 120VAC circuit power needs are excluded. 6. EW has excluded project drawings (i.e. AutoCAD or MS Visio) for this project. 7. Static IP Address / VLANs / Network Connections shall be provided by others, including network router/ managed switch/ firewall / modem configurations. 8. Connections between electronic security system into fire/life safety systems are not included. 9. EW assumes that there are no hazardous materials or asbestos at worksite. Cost of removal or abatement is excluded. 10. Building/Electrical permits, Umbrella Insurance, Bid or Performance/Payment Bonds or such (if required), is excluded from this proposal. 11. Work Areas over 15 feet may require a suitable lift (e.g. Scissor Lift, Boom Lift, etc.) for safety purposes. These lifts are excluded from this proposal. 12. Costs associated with Riser Management Companies, (if necessary or applicable), are excluded from this proposal. 13. EW reserves the right to replace any proposed equipment with equivalent/equal products, due to manufacturer supply shortages, product expiration (end of life), or any other such reasons. EW will notify client of such occurrences & events when applicable. 14. EW will warranty our workmanship (and any new parts proposed & installed under this proposal), for a period of 1 year after substantial completion date. 15. Our EW warranty does not apply to any existing cabling, existing devices or and existing equipment that may have been re-utilized if applicable. **Due to supply chain price increases from our manufacturers and our effort to minimize those effects on Edgeworth clients our quotes are only valid for 5 business days. Impacts to schedule and delivery of equipment may also be affected due to manufacture delays. Please discuss with your sales representative if you have any questions or concerns about pricing** Scope of Work Edgeworth Security will provide the quoted equipment, installation and/or services. Quote #:00002497 Quote Prepared On:3/29/2022 Quote Prepared For Quote Prepared By Contact:Tony Barrera Contact:Brandon Haddad Company:City of South San Francisco Company:Edgeworth Security Address:City of South San Francisco Address: 1000 Commerce Dr. Suite 200 Pittsburgh, PA 15275 Phone:Phone:(925) 968-2639 Email:tony.barrera@ssf.net Email:bhaddad@edgeworthsecurity.com Product Details Qty Product Name Description 34 ACC7-ENT ACC 7 Enterprise Edition Camera License 1 NVR5-PRM- 432TB-S19-NA*NVR5 PRM 432TB 2U Rack Mnt, WS19 NA 1 Professional Services On-site support for programming, troubleshooting, and training. 1 Project Management On and off site project management. 1 Shipping Shipping & Handling Costs. This does not include expedited shipping. Quote #:00002497 Quote Prepared On:3/29/2022 Special Instructions Please use instructions below to wire deposit. Final bill will be invoiced upon completion of job. ACH/Wire Transfer Instructions: 1000 Commerce Dr., Ste. 200 Pittsburgh, PA, 15275 Comerica Bank 2000 Avenue of the Stars St. 210 Los Angeles, CA, 90067 Routing: 121137522 For Credit to: Edgeworth Integration, LLC Account: 1895235263 Subtotal:$115,630.00 Tax:$10,516.88 Integration Grand Total:$126,146.88 Terms & Conditions ONE YEAR PARTS WARRANTY, 90 DAYS ON LABOR. Court costs & attorney fees will be added in case of collections. All sales are final & all deposits are non-refundable. All service calls not related to system failure, will be charged the normal service rate. Edgeworth Integration, LLC lists the above client as an additional insured on if required by written contract or agreement. . Late Payment. Any Edgeworth invoice not paid within the due date of such billing is subject to interest due and payable by Customer at the rate of one and one-half percent (1.5%) per month or the highest rate allowed by law, whichever is less, on any portion of Edgeworth's invoice which has not been paid. In addition, Customer will pay Edgeworth's costs of collection of any unpaid invoice. Due to supply chain price increases from our manufacturers and our effort to minimize those effects on Edgeworth clients our quotes are only valid for 5 business days Quote #:00002497 Quote Prepared On:3/29/2022 EDGEWORTH SECURITY, LLC City of South San Francisco Name:Brandon Haddad Name:Tony Barrera Title:VP Sales & Operations Title:\customtext1 {“label:”Title”}\ Signature:\s2\Signature:\s1\ Date:\d2\Date:\d1\ PREPARED FOR: City of South San Francisco 2022 - SSF Centennial Trail Brandon Haddad VP Sales & Operations bhaddad@edgeworthsecurity.com +1 6507874984 (925) 968-2639 1000 Commerce Dr. Suite 200 Pittsburgh, PA 15275 US The information contained within this report is proprietary and confidential. This report should be distributed to only those individuals with a need-to-know. Paper copies should be properly secured, and electronic copies stored offline and protected appropriately. Edgeworth Security City of South San Francisco CONFIDENTIAL This document is proprietary and confidential. No part of this document may be disclosed in any manner to a third party without prior written consent form Edgeworth Security, LLC. System Design Description Security system design and integration plan detailed below for Client. Proposal Assumptions Clarifications & Exclusions: 1. EW is a fully bonded and insured, (non-union) specialty contractor licensed with the California State Licensing Board 2. It is assumed that the work stated herein, can be achieved during normal business hours (Mon-Fri 7am-5pm), unless otherwise noted. 3. This proposal has been bid at State of CA Prevailing Wage Rates. 4. Our security designs may include various countermeasures to offset currently known security (hacking) vulnerabilities, with security levels predicated upon discussed needs, customer priorities, and customer budget. 5. All new electrical conduit & 120VAC circuit power needs are excluded. 6. EW has excluded project drawings (i.e. AutoCAD or MS Visio) for this project. 7. Static IP Address / VLANs / Network Connections shall be provided by others, including network router/ managed switch/ firewall / modem configurations. 8. Connections between electronic security system into fire/life safety systems are not included. 9. EW assumes that there are no hazardous materials or asbestos at worksite. Cost of removal or abatement is excluded. 10. Building/Electrical permits, Umbrella Insurance, Bid or Performance/Payment Bonds or such (if required), is excluded from this proposal. 11. Work Areas over 15 feet may require a suitable lift (e.g. Scissor Lift, Boom Lift, etc.) for safety purposes. These lifts are excluded from this proposal. 12. Costs associated with Riser Management Companies, (if necessary or applicable), are excluded from this proposal. 13. EW reserves the right to replace any proposed equipment with equivalent/equal products, due to manufacturer supply shortages, product expiration (end of life), or any other such reasons. EW will notify client of such occurrences & events when applicable. 14. EW will warranty our workmanship (and any new parts proposed & installed under this proposal), for a period of 1 year after substantial completion date. 15. Our EW warranty does not apply to any existing cabling, existing devices or and existing equipment that may have been re-utilized if applicable. 16.Existing cameras to be upgraded and existing cabling to be reused and assumed to be working. 17.Existing wireless in place assumed to be working and able to accomodate new cameras. 18. City to provide PoE ports and IP addresses. **Due to supply chain price increases from our manufacturers and our effort to minimize those effects on Edgeworth clients our quotes are only valid for 5 business days. Impacts to schedule and delivery of equipment may also be affected due to manufacture delays. Please discuss with your sales representative if you have any questions or concerns about pricing** Scope of Work Edgeworth Security will provide the quoted equipment, installation and/or services. Quote #:00000771 Quote Prepared On:3/29/2022 Quote Prepared For Quote Prepared By Contact:Tony Barrera Contact:Brandon Haddad Company:City of South San Francisco Company:Edgeworth Security Address:City of South San Francisco Address: 1000 Commerce Dr. Suite 200 Pittsburgh, PA 15275 Phone:Phone:(925) 968-2639 Email:tony.barrera@ssf.net Email:bhaddad@edgeworthsecurity.com Product Details Qty Product Name Description 5 9C-H4A-3MH- 270*3X3 MP, WDR, LightCatcher, 2.8mm, Camera Only 5 H4AMH-AD- PEND1* Outdoor Pendant Mount Adapter. Must Order one of IRPTZ-MNT-WALL1 or IRPTZ-MNT-NPTA1 and one of H4AMH-DO-COVR1-SMOKE 5 H4AMH-DO- COVR1*Dome Bubble and Cover, Outdoor Surface Mount or Pendant Mount, Clear 5 IRPTZ-MNT- WALL1*Pendant Wall Mount Adapter. For use with H4 IR PTZ or H4A-MH-AD-PEND1 on H4 Multisensor 5 H4AMH-AD- IRIL1*Optional IR illuminator Ring, Up to 30m (100ft), for use with H4AMH-DO-COVR1 5 H4-MT-POLE1*Pole mount adapter for use with H4A-MT-WALL, H4-BO-JBOX1, H4SL, H4F, H4 PTZ, H4 IR PTZ and H4 Multisensor cameras 5 POE-INJ2-60W- NA*Indoor Singe Port Gigabit PoE++ 60W 1 Lot Hardware - Video*Lot Hardware: Cable, Connectors, & Miscellaneous Mounting Hardware 1 Labor - Video Scope of Work - Video Edgeworth Security will provide the above equipment, installation and/or services. The below SOW represents Edgeworth Security's proposal based on customer provided requirements and site walk. 1) Run cable infrastructure 2) Install equipment 3) program system 4) Focus and Adjust cameras 5) Perform basic functions training 1 Project Management On and off site project management. 1 Shipping Shipping costs Quote #:00000771 Quote Prepared On:3/29/2022 Special Instructions Please use instructions below to wire deposit. Final bill will be invoiced upon completion of job. ACH/Wire Transfer Instructions: 1000 Commerce Dr., Ste. 200 Pittsburgh, PA, 15275 Comerica Bank 2000 Avenue of the Stars St. 210 Los Angeles, CA, 90067 Routing: 121137522 For Credit to: Edgeworth Integration, LLC Account: 1895235263 Subtotal:$13,600.00 Tax:$1,043.27 Integration Grand Total:$14,643.27 Terms & Conditions ONE YEAR PARTS WARRANTY, 90 DAYS ON LABOR. Court costs & attorney fees will be added in case of collections. All sales are final & all deposits are non-refundable. All service calls not related to system failure, will be charged the normal service rate. Edgeworth Integration, LLC lists the above client as an additional insured on if required by written contract or agreement. *Quotations are valid for 30 days. Late Payment. Any Edgeworth invoice not paid within the due date of such billing is subject to interest due and payable by Customer at the rate of one and one-half percent (1.5%) per month or the highest rate allowed by law, whichever is less, on any portion of Edgeworth's invoice which has not been paid. In addition, Customer will pay Edgeworth's costs of collection of any unpaid invoice. *Indicates Taxable Item Quote #:00000771 Quote Prepared On:3/29/2022 EDGEWORTH SECURITY, LLC City of South San Francisco Name:Brandon Haddad Name:Tony Barrera Title:VP Sales & Operations Title:\customtext1 {“label:”Title”}\ Signature:\s2\Signature:\s1\ Date:\d2\Date:\d1\ PREPARED FOR: City of South San Francisco 2022 - Corporation Yard Brandon Haddad VP Sales & Operations bhaddad@edgeworthsecurity.com +1 6507874984 (925) 968-2639 1000 Commerce Dr. Suite 200 Pittsburgh, PA 15275 US The information contained within this report is proprietary and confidential. This report should be distributed to only those individuals with a need-to-know. Paper copies should be properly secured, and electronic copies stored offline and protected appropriately. Edgeworth Security City of South San Francisco CONFIDENTIAL This document is proprietary and confidential. No part of this document may be disclosed in any manner to a third party without prior written consent form Edgeworth Security, LLC. System Design Description Avigilon System designed for Corp. Yard and recording on existing server with WTP cameras. Proposal Assumptions Clarifications & Exclusions: 1. EW is a fully bonded and insured, (non-union) specialty contractor licensed with the California State Licensing Board 2.It is assumed that the work stated herein, can be achieved during normal business hours (Mon-Fri 7am-5pm), unless otherwise noted. 3. This proposal has been bid at State of CA Prevailing Wage Rates. 4.Our security designs may include various countermeasures to offset currently known security (hacking) vulnerabilities, with security levels predicated upon discussed needs, customer priorities, and customer budget. 5. All new electrical conduit & 120VAC circuit power needs are excluded. 6.EW has excluded project drawings (i.e. AutoCAD or MS Visio) for this project. 7.Static IP Address / VLANs / Network Connections shall be provided by others, including network router/ managed switch/ firewall / modem configurations. 8. Connections between electronic security system into fire/life safety systems are not included. 9. EW assumes that there are no hazardous materials or asbestos at worksite. Cost of removal or abatement is excluded. 10.Building/Electrical permits, Umbrella Insurance, Bid or Performance/Payment Bonds or such (if required), is excluded from this proposal. 11. Work Areas over 15 feet may require a suitable lift (e.g. Scissor Lift, Boom Lift, etc.) for safety purposes. These lifts are excluded from this proposal. 12. Costs associated with Riser Management Companies, (if necessary or applicable), are excluded from this proposal. 13.EW reserves the right to replace any proposed equipment with equivalent/equal products, due to manufacturer supply shortages, product expiration (end of life), or any other such reasons. EW will notify client of such occurrences & events when applicable. 14. EW will warranty our workmanship (and any new parts proposed & installed under this proposal), for a period of 1 year after substantial completion date. 15. Our EW warranty does not apply to any existing cabling, existing devices or and existing equipment that may have been re-utilized if applicable. 16.Existing cameras to be upgraded and existing cabling to be reused and assumed to be working. 17.Existing wireless in place assumed to be working and able to accomodate new cameras. 18.City to provide PoE ports and IP addresses. 19.Edgeworth to install intercom and relay, cable back to S2 panels. City Access Control /S2 vendor to connect and program as needed. Scope of Work Quote #:00000770 Quote Prepared On:3/29/2022 Quote Prepared For Quote Prepared By Contact:Tony Barrera Contact:Brandon Haddad Company:City of South San Francisco Company:Edgeworth Security Address:City of South San Francisco Address: 1000 Commerce Dr. Suite 200 Pittsburgh, PA 15275 Phone:Phone:(925) 968-2639 Email:tony.barrera@ssf.net Email:bhaddad@edgeworthsecurity.com Product Details Qty Product Name Description 4 9C-H4A-3MH- 270*3X3 MP, WDR, LightCatcher, 2.8mm, Camera Only 1 8.0C-H5A-FE- DO1-IR*8MP H5A Fisheye IR Dome Camera 1 3.0C-H4VI-ROI- IR* 3.0 MP, H4 Video Intercom, WDR, LightCatcher, Day/Night, 1.83mm f/2.4, Integrated IR, Recessed Mount 4 H4AMH-AD- PEND1* Outdoor Pendant Mount Adapter. Must Order one of IRPTZ-MNT-WALL1 or IRPTZ-MNT-NPTA1 and one of H4AMH-DO-COVR1-SMOKE 4 H4AMH-DO- COVR1*Dome Bubble and Cover, Outdoor Surface Mount or Pendant Mount, Clear 4 IRPTZ-MNT- WALL1*Pendant Wall Mount Adapter. For use with H4 IR PTZ or H4A-MH-AD-PEND1 on H4 Multisensor 1 H4-MT-CRNR1*Corner Mount Adapter for use with H4A-MT-WALL1, H4-BO-JBOX1, H43SL, H4F, H4 PTZ, H4 IR PTZ and H4 Multisensor Cameras 1 H5A-FE-MT- NPTA1*Pendant wall mount, compatible with H5A-FE-MT-NPTA1 1 CM-MT-WALL1*Pendant wall arm for H4 Fisheye (needs H4F-MT-NPTA1), H4SL (needs H4SL-MT-NPTA1), H4 PTZ or H3-xMH-DP-B cameras. 4 H4AMH-AD- IRIL1*Optional IR illuminator Ring, Up to 30m (100ft), for use with H4AMH-DO-COVR1 4 POE-INJ2-60W- NA*Indoor Singe Port Gigabit PoE++ 60W 1 H4VI-AC- RELY1*Safety Relay for H4 Video Intercom 1 H4VI-MT- SURF1*Surface Mount Adapter for H4 Video Intercom 1 Lot Hardware - Video*Lot Hardware: Cable, Connectors, & Miscellaneous Mounting Hardware 1 Lot Hardware - Access Control*Lot Hardware: Cable, Connectors, & Miscellaneous Mounting Hardware 1 Labor - Video Scope of Work - Video Quote #:00000770 Quote Prepared On:3/29/2022 Edgeworth Security will provide the above equipment, installation and/or services. The below SOW represents Edgeworth Security's proposal based on customer provided requirements and site walk. 1) Run cable infrastructure 2) Install equipment 3) program system 4) Focus and Adjust cameras 5) Perform basic functions training 1 Labor - Access Control Scope of Work – Access Control The below SOW represents Edgeworth proposal based on customer provided requirements 1) Run cable infrastructure 2) Install equipment (Readers, Door Hardware, Rex’s, Contacts, etc.) 3) Program system (Doors, Schedules, Personnel, Access Groups, etc.) 4) Test Doors (Readers, locks, etc.) 5) Perform basic functions training (User and Admin)) 1 Shipping Shipping costs 1 Equipment Rental Bucket Truck Rental Quote #:00000770 Quote Prepared On:3/29/2022 Special Instructions Subtotal:$14,924.00 Tax:$1,035.88 Integration Grand Total:$15,959.88 Terms & Conditions ONE YEAR PARTS WARRANTY, 90 DAYS ON LABOR. Court costs & attorney fees will be added in case of collections. All sales are final & all deposits are non-refundable. All service calls not related to system failure, will be charged the normal service rate. Edgeworth Integration, LLC lists the above client as an additional insured on if required by written contract or agreement. *Quotations are valid for 30 days. Late Payment. Any Edgeworth invoice not paid within the due date of such billing is subject to interest due and payable by Customer at the rate of one and one-half percent (1.5%) per month or the highest rate allowed by law, whichever is less, on any portion of Edgeworth's invoice which has not been paid. In addition, Customer will pay Edgeworth's costs of collection of any unpaid invoice. *Indicates Taxable Item Quote #:00000770 Quote Prepared On:3/29/2022 EDGEWORTH SECURITY, LLC City of South San Francisco Name:Brandon Haddad Name:Tony Barrera Title:VP Sales & Operations Title:\customtext1 {“label:”Title”}\ Signature:\s2\Signature:\s1\ Date:\d2\Date:\d1\ PREPARED FOR: City of South San Francisco 2022 - Water Treatment Plant Brandon Haddad VP Sales & Operations bhaddad@edgeworthsecurity.com +1 6507874984 (925) 968-2639 1000 Commerce Dr. Suite 200 Pittsburgh, PA 15275 US The information contained within this report is proprietary and confidential. This report should be distributed to only those individuals with a need-to-know. Paper copies should be properly secured, and electronic copies stored offline and protected appropriately. Edgeworth Security City of South San Francisco CONFIDENTIAL This document is proprietary and confidential. No part of this document may be disclosed in any manner to a third party without prior written consent form Edgeworth Security, LLC. System Design Description Avigilon System designed for WTP. Cameras to be configured to record on city's existing server. Proposal Assumptions Clarifications & Exclusions: 1. EW is a fully bonded and insured, (non-union) specialty contractor licensed with the California State Licensing Board 2.It is assumed that the work stated herein, can be achieved during normal business hours (Mon-Fri 7am-5pm), unless otherwise noted. 3. This proposal has been bid at State of CA Prevailing Wage Rates. 4.Our security designs may include various countermeasures to offset currently known security (hacking) vulnerabilities, with security levels predicated upon discussed needs, customer priorities, and customer budget. 5. All new electrical conduit & 120VAC circuit power needs are excluded. 6.EW has excluded project drawings (i.e. AutoCAD or MS Visio) for this project. 7.Static IP Address / VLANs / Network Connections shall be provided by others, including network router/ managed switch/ firewall / modem configurations. 8. Connections between electronic security system into fire/life safety systems are not included. 9. EW assumes that there are no hazardous materials or asbestos at worksite. Cost of removal or abatement is excluded. 10.Building/Electrical permits, Umbrella Insurance, Bid or Performance/Payment Bonds or such (if required), is excluded from this proposal. 11. Work Areas over 15 feet may require a suitable lift (e.g. Scissor Lift, Boom Lift, etc.) for safety purposes. These lifts are excluded from this proposal. 12. Costs associated with Riser Management Companies, (if necessary or applicable), are excluded from this proposal. 13.EW reserves the right to replace any proposed equipment with equivalent/equal products, due to manufacturer supply shortages, product expiration (end of life), or any other such reasons. EW will notify client of such occurrences & events when applicable. 14. EW will warranty our workmanship (and any new parts proposed & installed under this proposal), for a period of 1 year after substantial completion date. 15. Our EW warranty does not apply to any existing cabling, existing devices or and existing equipment that may have been re-utilized if applicable. 16.Existing cabling and wireless connection for front and back pole to be reused and assumed to be working. 17.Cameras to be configured to record on city's existing server. Existing server assumed to have Avigilon ACC7 installed and configured. Scope of Work Quote #:00000769 Quote Prepared On:3/29/2022 Quote Prepared For Quote Prepared By Contact:Tony Barrera Contact:Brandon Haddad Company:City of South San Francisco Company:Edgeworth Security Address:City of South San Francisco Address: 1000 Commerce Dr. Suite 200 Pittsburgh, PA 15275 Phone:Phone:(925) 968-2639 Email:tony.barrera@ssf.net Email:bhaddad@edgeworthsecurity.com Product Details Qty Product Name Description 4 24C-H4A-3MH- 270*3X8 MP, WDR, LightCatcher, 4mm, Camera Only 4 H4AMH-AD- PEND1* Outdoor Pendant Mount Adapter. Must Order one of IRPTZ-MNT-WALL1 or IRPTZ-MNT-NPTA1 and one of H4AMH-DO-COVR1-SMOKE 4 H4AMH-DO- COVR1*Dome Bubble and Cover, Outdoor Surface Mount or Pendant Mount, Clear 4 IRPTZ-MNT- WALL1*Pendant Wall Mount Adapter. For use with H4 IR PTZ or H4A-MH-AD-PEND1 on H4 Multisensor 1 H4-MT-CRNR1*Corner Mount Adapter for use with H4A-MT-WALL1, H4-BO-JBOX1, H43SL, H4F, H4 PTZ, H4 IR PTZ and H4 Multisensor Cameras 2 H4-MT-POLE1*Pole mount adapter for use with H4A-MT-WALL, H4-BO-JBOX1, H4SL, H4F, H4 PTZ, H4 IR PTZ and H4 Multisensor cameras 1 IRPTZ-MNT- NPTA1*Pendant NPT adapter. For use with H4 IR PTZ or H4A-MH-AD-PEND1 on H4 Multisensor 4 H4AMH-AD- IRIL1*Optional IR illuminator Ring, Up to 30m (100ft), for use with H4AMH-DO-COVR1 4 POE-INJ2-60W- NA*Indoor Singe Port Gigabit PoE++ 60W 1 RPM Parapet Mount* Roof Parapet Mount Aluminum Alloy Includes Wall Mount Bracket 1 Lot Hardware - Video*Lot Hardware: Cable, Connectors, & Miscellaneous Mounting Hardware 1 Labor - Video Scope of Work - Video Edgeworth Security will provide the above equipment, installation and/or services. The below SOW represents Edgeworth Security's proposal based on customer provided requirements and site walk. 1) Run cable infrastructure 2) Install equipment 3) program system 4) Focus and Adjust cameras Quote #:00000769 Quote Prepared On:3/29/2022 5) Perform basic functions training 1 Project Management On and off site project management. 1 Shipping Shipping costs 1 Equipment Rental Bucklet Truck Rental Quote #:00000769 Quote Prepared On:3/29/2022 Special Instructions Subtotal:$13,865.00 Tax:$1,034.98 Integration Grand Total:$14,899.98 Terms & Conditions ONE YEAR PARTS WARRANTY, 90 DAYS ON LABOR. Court costs & attorney fees will be added in case of collections. All sales are final & all deposits are non-refundable. All service calls not related to system failure, will be charged the normal service rate. Edgeworth Integration, LLC lists the above client as an additional insured on if required by written contract or agreement. *Quotations are valid for 30 days. Late Payment. Any Edgeworth invoice not paid within the due date of such billing is subject to interest due and payable by Customer at the rate of one and one-half percent (1.5%) per month or the highest rate allowed by law, whichever is less, on any portion of Edgeworth's invoice which has not been paid. In addition, Customer will pay Edgeworth's costs of collection of any unpaid invoice. *Indicates Taxable Item Quote #:00000769 Quote Prepared On:3/29/2022 EDGEWORTH SECURITY, LLC City of South San Francisco Name:Brandon Haddad Name:Tony Barrera Title:VP Sales & Operations Title:\customtext1 {“label:”Title”}\ Signature:\s2\Signature:\s1\ Date:\d2\Date:\d1\ PREPARED FOR: City of South San Francisco 2022 - Orange Memorial Park Brandon Haddad VP Sales & Operations bhaddad@edgeworthsecurity.com +1 6507874984 (925) 968-2639 1000 Commerce Dr. Suite 200 Pittsburgh, PA 15275 US The information contained within this report is proprietary and confidential. This report should be distributed to only those individuals with a need-to-know. Paper copies should be properly secured, and electronic copies stored offline and protected appropriately. Edgeworth Security City of South San Francisco CONFIDENTIAL This document is proprietary and confidential. No part of this document may be disclosed in any manner to a third party without prior written consent form Edgeworth Security, LLC. System Design Description Avigilon System designed for Orange Pool and OMP. Dell Seneca Server specked has been designed to accomodate cameras at Orange pool, OMP and the trail for 1 year retention (90 days high resolution and the remainder of the year in lower resolution) Proposal Assumptions Clarifications & Exclusions: 1. EW is a fully bonded and insured, (non-union) specialty contractor licensed with the California State Licensing Board 2.It is assumed that the work stated herein, can be achieved during normal business hours (Mon-Fri 7am-5pm), unless otherwise noted. 3. This proposal has been bid at State of CA Prevailing Wage Rates. 4.Our security designs may include various countermeasures to offset currently known security (hacking) vulnerabilities, with security levels predicated upon discussed needs, customer priorities, and customer budget. 5. All new electrical conduit & 120VAC circuit power needs are excluded. 6.EW has excluded project drawings (i.e. AutoCAD or MS Visio) for this project. 7.Static IP Address / VLANs / Network Connections shall be provided by others, including network router/ managed switch/ firewall / modem configurations. 8. Connections between electronic security system into fire/life safety systems are not included. 9. EW assumes that there are no hazardous materials or asbestos at worksite. Cost of removal or abatement is excluded. 10.Building/Electrical permits, Umbrella Insurance, Bid or Performance/Payment Bonds or such (if required), is excluded from this proposal. 11. Work Areas over 15 feet may require a suitable lift (e.g. Scissor Lift, Boom Lift, etc.) for safety purposes. These lifts are excluded from this proposal. 12. Costs associated with Riser Management Companies, (if necessary or applicable), are excluded from this proposal. 13.EW reserves the right to replace any proposed equipment with equivalent/equal products, due to manufacturer supply shortages, product expiration (end of life), or any other such reasons. EW will notify client of such occurrences & events when applicable. 14. EW will warranty our workmanship (and any new parts proposed & installed under this proposal), for a period of 1 year after substantial completion date. 15. Our EW warranty does not apply to any existing cabling, existing devices or and existing equipment that may have been re-utilized if applicable. 16.Existing cameras to be upgraded and existing cabling to be reused and assumed to be working. 17.Existing wireless in place assumed to be working and able to accomodate new cameras. 18.City to provide PoE ports and IP addresses. Scope of Work Quote #:00000767 Quote Prepared On:3/29/2022 Quote Prepared For Quote Prepared By Contact:Tony Barrera Contact:Brandon Haddad Company:City of South San Francisco Company:Edgeworth Security Address:City of South San Francisco Address: 1000 Commerce Dr. Suite 200 Pittsburgh, PA 15275 Phone:Phone:(925) 968-2639 Email:tony.barrera@ssf.net Email:bhaddad@edgeworthsecurity.com Product Details Qty Product Name Description 3 24C-H4A-3MH- 270*3X8 MP, WDR, LightCatcher, 4mm, Camera Only 2 9C-H4A-3MH- 270*3X3 MP, WDR, LightCatcher, 2.8mm, Camera Only 3 2.0C-H5A-D1*2.0 MP (1080p) WDR, LightCatcher, Day/Night, Indoor Dome, 3.3-9mm f/1.3 P-iris lens, Next- Generation Analytics 5 H4AMH-AD- PEND1* Outdoor Pendant Mount Adapter. Must Order one of IRPTZ-MNT-WALL1 or IRPTZ-MNT-NPTA1 and one of H4AMH-DO-COVR1-SMOKE 5 H4AMH-DO- COVR1*Dome Bubble and Cover, Outdoor Surface Mount or Pendant Mount, Clear 5 H4AMH-AD- IRIL1*Optional IR illuminator Ring, Up to 30m (100ft), for use with H4AMH-DO-COVR1 4 IRPTZ-MNT- NPTA1*Pendant NPT adapter. For use with H4 IR PTZ or H4A-MH-AD-PEND1 on H4 Multisensor 1 IRPTZ-MNT- WALL1*Pendant Wall Mount Adapter. For use with H4 IR PTZ or H4A-MH-AD-PEND1 on H4 Multisensor 5 POE-INJ2-60W- NA*Indoor Singe Port Gigabit PoE++ 60W 1 Lot Hardware - Video*Lot Hardware: Cable, Connectors, & Miscellaneous Mounting Hardware 1 Labor - Video Scope of Work - Video Edgeworth Security will provide the above equipment, installation and/or services. The below SOW represents Edgeworth Security's proposal based on customer provided requirements and site walk. 1) Run cable infrastructure 2) Install equipment 3) program system 4) Focus and Adjust cameras 5) Perform basic functions training 1 Project Management On and off site project management. Quote #:00000767 Quote Prepared On:3/29/2022 1 Shipping Shipping costs Quote #:00000767 Quote Prepared On:3/29/2022 Special Instructions Subtotal:$17,665.00 Tax:$1,332.36 Integration Grand Total:$18,997.36 Terms & Conditions ONE YEAR PARTS WARRANTY, 90 DAYS ON LABOR. Court costs & attorney fees will be added in case of collections. All sales are final & all deposits are non-refundable. All service calls not related to system failure, will be charged the normal service rate. Edgeworth Integration, LLC lists the above client as an additional insured on if required by written contract or agreement. *Quotations are valid for 30 days. Late Payment. Any Edgeworth invoice not paid within the due date of such billing is subject to interest due and payable by Customer at the rate of one and one-half percent (1.5%) per month or the highest rate allowed by law, whichever is less, on any portion of Edgeworth's invoice which has not been paid. In addition, Customer will pay Edgeworth's costs of collection of any unpaid invoice. *Indicates Taxable Item Quote #:00000767 Quote Prepared On:3/29/2022 EDGEWORTH SECURITY, LLC City of South San Francisco Name:Brandon Haddad Name:Tony Barrera Title:VP Sales & Operations Title:\customtext1 {“label:”Title”}\ Signature:\s2\Signature:\s1\ Date:\d2\Date:\d1\ PREPARED FOR: City of South San Francisco 2022- Add Alt - SSF Centennial Trail additional camera Brandon Haddad VP Sales & Operations bhaddad@edgeworthsecurity.com +1 6507874984 (925) 968-2639 1000 Commerce Dr. Suite 200 Pittsburgh, PA 15275 US The information contained within this report is proprietary and confidential. This report should be distributed to only those individuals with a need-to-know. Paper copies should be properly secured, and electronic copies stored offline and protected appropriately. Edgeworth Security City of South San Francisco CONFIDENTIAL This document is proprietary and confidential. No part of this document may be disclosed in any manner to a third party without prior written consent form Edgeworth Security, LLC. System Design Description Security system design and integration plan detailed below for Client. Proposal Assumptions Clarifications & Exclusions: 1. EW is a fully bonded and insured, (non-union) specialty contractor licensed with the California State Licensing Board 2.It is assumed that the work stated herein, can be achieved during normal business hours (Mon-Fri 7am-5pm), unless otherwise noted. 3. This proposal has been bid at State of CA Prevailing Wage Rates. 4.Our security designs may include various countermeasures to offset currently known security (hacking) vulnerabilities, with security levels predicated upon discussed needs, customer priorities, and customer budget. 5. All new electrical conduit & 120VAC circuit power needs are excluded. 6.EW has excluded project drawings (i.e. AutoCAD or MS Visio) for this project. 7.Static IP Address / VLANs / Network Connections shall be provided by others, including network router/ managed switch/ firewall / modem configurations. 8. Connections between electronic security system into fire/life safety systems are not included. 9. EW assumes that there are no hazardous materials or asbestos at worksite. Cost of removal or abatement is excluded. 10.Building/Electrical permits, Umbrella Insurance, Bid or Performance/Payment Bonds or such (if required), is excluded from this proposal. 11. Work Areas over 15 feet may require a suitable lift (e.g. Scissor Lift, Boom Lift, etc.) for safety purposes. These lifts are excluded from this proposal. 12. Costs associated with Riser Management Companies, (if necessary or applicable), are excluded from this proposal. 13.EW reserves the right to replace any proposed equipment with equivalent/equal products, due to manufacturer supply shortages, product expiration (end of life), or any other such reasons. EW will notify client of such occurrences & events when applicable. 14. EW will warranty our workmanship (and any new parts proposed & installed under this proposal), for a period of 1 year after substantial completion date. 15. Our EW warranty does not apply to any existing cabling, existing devices or and existing equipment that may have been re-utilized if applicable. 16.Existing cameras to be upgraded and existing cabling to be reused and assumed to be working. 17.Existing wireless in place assumed to be working and able to accommodate new cameras. 18.City to provide PoE ports and IP addresses. **Due to supply chain price increases from our manufacturers and our effort to minimize those effects on Edgeworth clients our quotes are only valid for 5 business days. Impacts to schedule and delivery of equipment may also be affected due to manufacture delays. Please discuss with your sales representative if you have any questions or concerns about pricing** Scope of Work Edgeworth Security will provide the quoted equipment, installation and/or services. Quote #:00002508 Quote Prepared On:3/29/2022 Quote Prepared For Quote Prepared By Contact:Tony Barrera Contact:Brandon Haddad Company:City of South San Francisco Company:Edgeworth Security Address:City of South San Francisco Address: 1000 Commerce Dr. Suite 200 Pittsburgh, PA 15275 Phone:Phone:(925) 968-2639 Email:tony.barrera@ssf.net Email:bhaddad@edgeworthsecurity.com Product Details Qty Product Name Description 1 9C-H4A-3MH- 270*3X3 MP, WDR, LightCatcher, 2.8mm, Camera Only 1 H4AMH-AD- PEND1* Outdoor Pendant Mount Adapter. Must Order one of IRPTZ-MNT-WALL1 or IRPTZ-MNT-NPTA1 and one of H4AMH-DO-COVR1-SMOKE 1 H4AMH-DO- COVR1*Dome Bubble and Cover, Outdoor Surface Mount or Pendant Mount, Clear 1 IRPTZ-MNT- WALL1*Pendant Wall Mount Adapter. For use with H4 IR PTZ or H4A-MH-AD-PEND1 on H4 Multisensor 1 H4AMH-AD- IRIL1*Optional IR illuminator Ring, Up to 30m (100ft), for use with H4AMH-DO-COVR1 1 H4-MT-POLE1*Pole mount adapter for use with H4A-MT-WALL, H4-BO-JBOX1, H4SL, H4F, H4 PTZ, H4 IR PTZ and H4 Multisensor cameras 1 POE-INJ2-60W- NA*Indoor Singe Port Gigabit PoE++ 60W 1 Lot Hardware - Video*Lot Hardware: Cable, Connectors, & Miscellaneous Mounting Hardware 1 Labor - Video Scope of Work - Video Edgeworth Security will provide the above equipment, installation and/or services. The below SOW represents Edgeworth Security's proposal based on customer provided requirements and site walk. 1) Run cable infrastructure 2) Install equipment 3) program system 4) Focus and Adjust cameras 5) Perform basic functions training 1 Project Management On and off site project management. 1 Shipping Shipping costs Quote #:00002508 Quote Prepared On:3/29/2022 Special Instructions Please use instructions below to wire deposit. Final bill will be invoiced upon completion of job. ACH/Wire Transfer Instructions: 1000 Commerce Dr., Ste. 200 Pittsburgh, PA, 15275 Comerica Bank 2000 Avenue of the Stars St. 210 Los Angeles, CA, 90067 Routing: 121137522 For Credit to: Edgeworth Integration, LLC Account: 1895235263 Subtotal:$2,785.00 Tax:$210.87 Integration Grand Total:$2,995.87 Terms & Conditions ONE YEAR PARTS WARRANTY, 90 DAYS ON LABOR. Court costs & attorney fees will be added in case of collections. All sales are final & all deposits are non-refundable. All service calls not related to system failure, will be charged the normal service rate. Edgeworth Integration, LLC lists the above client as an additional insured on if required by written contract or agreement. . Late Payment. Any Edgeworth invoice not paid within the due date of such billing is subject to interest due and payable by Customer at the rate of one and one-half percent (1.5%) per month or the highest rate allowed by law, whichever is less, on any portion of Edgeworth's invoice which has not been paid. In addition, Customer will pay Edgeworth's costs of collection of any unpaid invoice. Due to supply chain price increases from our manufacturers and our effort to minimize those effects on Edgeworth clients our quotes are only valid for 5 business days Quote #:00002508 Quote Prepared On:3/29/2022 EDGEWORTH SECURITY, LLC City of South San Francisco Name:Brandon Haddad Name:Tony Barrera Title:VP Sales & Operations Title:\customtext1 {“label:”Title”}\ Signature:\s2\Signature:\s1\ Date:\d2\Date:\d1\ PREPARED FOR: City of South San Francisco 2022 - ADD ALT 1 - ENCLOSURES Brandon Haddad VP Sales & Operations bhaddad@edgeworthsecurity.com +1 6507874984 (925) 968-2639 1000 Commerce Dr. Suite 200 Pittsburgh, PA 15275 US The information contained within this report is proprietary and confidential. This report should be distributed to only those individuals with a need-to-know. Paper copies should be properly secured, and electronic copies stored offline and protected appropriately. Edgeworth Security City of South San Francisco CONFIDENTIAL This document is proprietary and confidential. No part of this document may be disclosed in any manner to a third party without prior written consent form Edgeworth Security, LLC. System Design Description Security system design and integration plan detailed below for Client. Proposal Assumptions Clarifications & Exclusions: 1. EW is a fully bonded and insured, (non-union) specialty contractor licensed with the California State Licensing Board 2.It is assumed that the work stated herein, can be achieved during normal business hours (Mon-Fri 7am-5pm), unless otherwise noted. 3. This proposal has been bid at State of CA Prevailing Wage Rates. 4.Our security designs may include various countermeasures to offset currently known security (hacking) vulnerabilities, with security levels predicated upon discussed needs, customer priorities, and customer budget. 5. All new electrical conduit & 120VAC circuit power needs are excluded. City electrician to connect power to enclosures provided by Edgeworth. 6. EW has excluded project drawings (i.e. AutoCAD or MS Visio) for this project. 7.Static IP Address / VLANs / Network Connections shall be provided by others, including network router/ managed switch/ firewall / modem configurations. 8. Connections between electronic security system into fire/life safety systems are not included. 9. EW assumes that there are no hazardous materials or asbestos at worksite. Cost of removal or abatement is excluded. 10.Building/Electrical permits, Umbrella Insurance, Bid or Performance/Payment Bonds or such (if required), is excluded from this proposal. 11. Work Areas over 15 feet may require a suitable lift (e.g. Scissor Lift, Boom Lift, etc.) for safety purposes. These lifts are excluded from this proposal. 12. Costs associated with Riser Management Companies, (if necessary or applicable), are excluded from this proposal. 13.EW reserves the right to replace any proposed equipment with equivalent/equal products, due to manufacturer supply shortages, product expiration (end of life), or any other such reasons. EW will notify client of such occurrences & events when applicable. 14. EW will warranty our workmanship (and any new parts proposed & installed under this proposal), for a period of 1 year after substantial completion date. 15. Our EW warranty does not apply to any existing cabling, existing devices or and existing equipment that may have been re-utilized if applicable. 16.City electricians to provide assistance with circuit information, power shut off, etc as needed. **Due to supply chain price increases from our manufacturers and our effort to minimize those effects on Edgeworth clients our quotes are only valid for 5 business days. Impacts to schedule and delivery of equipment may also be affected due to manufacture delays. Please discuss with your sales representative if you have any questions or concerns about pricing** Scope of Work Edgeworth Security will provide the quoted equipment, installation and/or services. Quote #:00002502 Quote Prepared On:3/29/2022 Quote Prepared For Quote Prepared By Contact:Tony Barrera Contact:Brandon Haddad Company:City of South San Francisco Company:Edgeworth Security Address:City of South San Francisco Address: 1000 Commerce Dr. Suite 200 Pittsburgh, PA 15275 Phone:Phone:(925) 968-2639 Email:tony.barrera@ssf.net Email:bhaddad@edgeworthsecurity.com Product Details Qty Product Name Description 6 Lot Hardware - Electrical* Hana Wireless HW-N14-V FRP NEMA 14x12x7 Vented Mounting Plate MFG # HW-N14-V 6 Lot Hardware - Electrical*Lot Hardware: Cable, Connectors, & Miscellaneous Mounting Hardware 6 Labor - Video Scope of Work - Video Replace existing enclosures. City Electrician to connect power. 1 Shipping Shipping & Handling Costs. This does not include expedited shipping. Quote #:00002502 Quote Prepared On:3/29/2022 Special Instructions Please use instructions below to wire deposit. Final bill will be invoiced upon completion of job. ACH/Wire Transfer Instructions: 1000 Commerce Dr., Ste. 200 Pittsburgh, PA, 15275 Comerica Bank 2000 Avenue of the Stars St. 210 Los Angeles, CA, 90067 Routing: 121137522 For Credit to: Edgeworth Integration, LLC Account: 1895235263 Subtotal:$2,690.00 Tax:$136.29 Integration Grand Total:$2,826.29 Terms & Conditions ONE YEAR PARTS WARRANTY, 90 DAYS ON LABOR. Court costs & attorney fees will be added in case of collections. All sales are final & all deposits are non-refundable. All service calls not related to system failure, will be charged the normal service rate. Edgeworth Integration, LLC lists the above client as an additional insured on if required by written contract or agreement. . Late Payment. Any Edgeworth invoice not paid within the due date of such billing is subject to interest due and payable by Customer at the rate of one and one-half percent (1.5%) per month or the highest rate allowed by law, whichever is less, on any portion of Edgeworth's invoice which has not been paid. In addition, Customer will pay Edgeworth's costs of collection of any unpaid invoice. Due to supply chain price increases from our manufacturers and our effort to minimize those effects on Edgeworth clients our quotes are only valid for 5 business days Quote #:00002502 Quote Prepared On:3/29/2022 EDGEWORTH SECURITY, LLC City of South San Francisco Name:Brandon Haddad Name:Tony Barrera Title:VP Sales & Operations Title:\customtext1 {“label:”Title”}\ Signature:\s2\Signature:\s1\ Date:\d2\Date:\d1\ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 4/7/2022 The Signature B&B Companies 501 Franklin Avenue Suite 218 Garden City NY 11530 Elizabeth Erdtmann 516-764-1100 516-764-1019 EErdtmannCPCU@sbbinsure.com License#:BR-1117267 Allied World Assurance Co.19489 EDGESEC-01 Everest National Ins.Co.10120EdgeworthSecurity,LLC Park Place Corporate Centre One 1000 Commerce Drive Pittsburgh PA 15275 1022244001 A X 1,000,000 X 100,000 X Errors&Omissions 10,000 X Abuse-$1,000,000 1,000,000 3,000,000 X Y Y 52002370-03 11/5/2021 11/5/2022 3,000,000 A 1,000,000 X X X Y Y 52020091-03 11/5/2021 11/5/2022 A X 9,000,000 X Y 52010868-03 11/5/2021Y 11/5/2022 9,000,000 B X N Y 5300004435 9/1/2021 9/1/2022 1,000,000 1,000,000 1,000,000 the City of South San Francisco is included as additional insured on the above policies if required by written contract which is executed prior to loss. Waiver of Subrogation applies to General Liability,Auto Liability and Workers Compensation if required by written contract which is executed prior to loss. Umbrella/Excess policy follows form of the primary. Coverage is provided on a primary and non-contributory basis if required by written contract.30 days notice of cancellation applies. City of South San Francisco 329 Miller Ave South San Francisco CA 94080 35 21 POLICYNUMBER:COMMERCIAL AUTO CA20481013 THISENDORSEMENTCHANGESTHEPOLICY.PLEASE READITCAREFULLY. CA20481013 © InsuranceServicesOffice,Inc.,2011 Page1of1 DESIGNATEDINSUREDFOR COVEREDAUTOSLIABILITYCOVERAGE Thisendorsementmodifiesinsuranceprovidedunder thefollowing: AUTODEALERSCOVERAGEFORM BUSINESSAUTOCOVERAGEFORM MOTORCARRIERCOVERAGEFORM Withrespecttocoverageprovidedbythisendorsement,theprovisionsoftheCoverageFormapplyunless modifiedbythisendorsement. Thisendorsementidentifiesperson(s)ororganization(s)whoare"insureds"forCoveredAutosLiabilityCoverage undertheWhoIsAnInsuredprovisionoftheCoverageForm.Thisendorsementdoesnotaltercoverage providedintheCoverageForm. Thisendorsementchangesthepolicyeffectiveontheinceptiondateofthepolicyunlessanotherdateisindicated below. NamedInsured: EndorsementEffectiveDate: SCHEDULE NameOfPerson(s)OrOrganization(s): Anypersonororganizationwhomyouhaveagreedtoincludeasanadditionalinsuredunderafullyexecuted writtencontractorwrittenagreement,providedthatsuchwasexecutedpriortoan“accident”,occurrence,loss, injuryordamage. Informationrequiredtocomplete thisSchedule,ifnotshownabove,willbeshownintheDeclarations. EachpersonororganizationshownintheScheduleis an"insured" forCoveredAutosLiabilityCoverage,but onlytotheextentthatpersonororganizationqualifies asan"insured"undertheWhoIsAnInsured provisioncontainedinParagraph A.1.ofSection II – CoveredAutosLiabilityCoverageintheBusiness Auto and MotorCarrierCoverage Formsand Paragraph D.2.ofSection I –CoveredAutos CoveragesoftheAutoDealersCoverageForm. Edgeworth Security LLC CG 20 10 07 04 ISO Properties, Inc., 2004 Page 1 of 1 Policy Number: COMMERCIALGENERALLIABILITY CG 20 10 07 04 THISENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS SCHEDULED PERSON OR ORGANIZATION This endorsementmodifiesinsuranceprovidedunder the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Blanket Basis Any entity that the named insured through written contract or agreement agrees to include as an addi- tional insured. Item 4.b. of Section IV commercial liability conditions is amended by the addition of the following: (3) this insurance is primary and /or non contributory to any coverage afford-ed to the additional insured if a written contract or agree-ment states the named insured agrees to name a person or entity as an additional insured. Any Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A.Section II Who Is An Insured is amended to include as an additional insured the person(s) ororganization(s) shown in the Schedule, but onlywith respect to liability for "bodily injury", "propertydamage" or "personal and advertising injury" caused, in whole or in part, by: 1.Youractsoromissions;or 2.Theactsoromissionsofthoseactingonyour behalf; intheperformanceofyourongoingoperationsfor theadditionalinsured(s)atthelocation(s)desig-natedabove. B.With respect to the insurance afforded to these additional insureds, the following additional exclu-sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1.Allwork,includingmaterials,partsorequip- mentfurnishedinconnectionwithsuchwork,ontheproject(otherthanservice,maintenanceorrepairs)tobeperformedbyoronbehalfof the additional insured(s) at the location of the covered operations has been completed; or 2.That portion of "your work" out of which theinjury or damage arises has been put to its in- tended use by any person or organization other than another contractor or subcontractor en- gaged in performing operations for a principal as a part of the same project. CG 20 37 07 04 ISO Properties, Inc., 2004 Page 1 of 1 COMMERCIALGENERALLIABILITY Policy Number: ID Code: 002 CG 20 37 07 04 THISENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED OWNERS, LESSEES OR CONTRACTORS COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NameOf Additional InsuredPerson(s)OrOrganization(s): Location And DescriptionOfCompletedOperations Blanket - As required by written contract or agree- ment Any Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the scheduleofthisendorsementperformedforthat additionalinsuredandincludedinthe"products- completed operationshazard". CG 24 04 05 09 Insurance Services Office, Inc., 2008 Page 1 of 1 COMMERCIALGENERALLIABILITY PolicyNumber: ID Code: 001 CG24 040509 WAIVEROFTRANSFEROFRIGHTSOFRECOVERYAGAINSTOTHERSTOUS This endorsementmodifiesinsuranceprovidedunder the following: COMMERCIAL GENERAL LIABILITY COVERAGEPART PRODUCTS/COMPLETED OPERATIONSLIABILITY COVERAGEPART SCHEDULE NameOfPersonOrOrganization: Anypersonororganizationagainstwhomyouhaveagreedtowaiveyourrightofrecovery inawritten contractprovided such a contractwas executedpriortothe dateofloss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "yourwork"doneunderacontractwiththatperson ororganizationandincludedinthe"products- completedoperationshazard".Thiswaiverapplies onlytothepersonororganizationshowninthe Schedule above. COMMERCIALGENERALLIABILITY THISENDORSEMENTCHANGESTHEPOLICY.PLEASE READITCAREFULLY. GL0002100(07/09) PRIMARY AND NON-CONTRIBUTORY This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Notwithstanding any other provision of this policy to the contrary, the insurance afforded to an additional insured under this policy will be primary to, and non-contributory with, any other insurance available to thatpersonororganizationintheeventacontractoragreementyouenterintorequiresyoutofurnish insurance to that person or organization of the type provided by this policy. 01/04/2022 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-279 Agenda Date:4/27/2022 Version:1 Item #:7. Report regarding a resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers program in South San Francisco and approving Budget Amendment 22.063 accepting up to $14,000 in reimbursement funding. (Adam Elsholz, Assistant Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers (BLIS)program in South San Francisco and approve Budget Amendment 22.063 accepting up to $14,000 in reimbursement funding. BACKGROUND/DISCUSSION The Big Lift Inspiring Summers program returns this year to San Mateo County,with two sites operating in South San Francisco,one at Spruce Elementary and another at Los Cerritos Elementary.This free,five-week, full day program,scheduled from June 14 -July 19,2022,includes reading,science and art projects,and learning-focused fun and games for children entering kindergarten,1st,2nd and 3rd grade.This special early learning effort is focused on improving literacy skills during a time many students experience a decline in their reading level.To support this important program,South San Francisco Public Library is providing one Site Coach for the Spruce Elementary School site.The Site Coach works with the principals,teachers and facilitators to implement a cutting-edge curriculum intended to ignite youth to have self-confidence,explore,be creative,problem solve,and develop a love of learning.The work of the Site Coach also includes pre-program training on curriculum, program logistics and coaching. FISCAL IMPACT Funds will be used to amend the Library Department’s current FY 2021-2022 Operating Budget per Budget Amendment 22.063.Funds not expended in this fiscal year will be carried over into fiscal year 2022-2023. Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Strengthening of learning programs is an action item in the City’s Strategic Plan under Priority #2:Quality of Life.This funding will allow the Library to encourage and support reading and learning for local elementary school students enrolled in this summer’s Big Lift Inspiring Summers program. CONCLUSION Approval of the agreement will enable Library staff to participate in the BLIS program,providing an opportunity for SSF children to maintain academic and social skills during the summer break.It is recommended that the City Council authorize an agreement between the San Mateo County Library and the South San Francisco Public Library and approve Budget Amendment 22.063 accepting up to $14,000 in reimbursement funding. City of South San Francisco Printed on 4/28/2022Page 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 #:22-280 Agenda Date:4/27/2022 Version:1 Item #:7a. Resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers program in South San Francisco and approving Budget Amendment 22.063 accepting up to $14,000 in reimbursement funding. WHEREAS,the City of South San Francisco (“City”)Library Department supports early childhood education; and WHEREAS,the Big Lift Inspiring Summers (BLIS)program reduces learning loss during summer break for kindergarten through third grade students; and WHEREAS,the Library Department will work in partnership with the San Mateo County Library to provide BLIS programming at Spruce Elementary and Los Cerritos Elementary schools; and WHEREAS,San Mateo County Library shall reimburse the Library for providing staffing to support the program in an amount not to exceed $14,000; and WHEREAS, receipt of these grant funds does not commit the City to ongoing funding; and WHEREAS,the foregoing funds will be used to amend the Library Department’s Fiscal Year (FY)2021-2022 Operating Budget. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby: 1.Authorize an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers program in South San Francisco,subject to approval by the City Attorney. 2.Approve Budget Amendment 22.063 to amend the Library Department’s FY 2021-2022 Operating Budget accepting up to $14,000 in reimbursement funding. City of South San Francisco Printed on 4/28/2022Page 1 of 2 powered by Legistar™ File #:22-280 Agenda Date:4/27/2022 Version:1 Item #:7a. ***** City of South San Francisco Printed on 4/28/2022Page 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 #:22-296 Agenda Date:4/27/2022 Version:1 Item #:8. Report regarding a resolution to continue conducting City Council and advisory body meetings remotely due to health and safety concerns for the public and making related findings (Sky Woodruff, City Attorney) RECOMMENDATION Staff recommends that the City Council adopt a resolution to continue allowing the City Council and advisory bodies to conduct meetings remotely due to health and safety concerns for the public and making related findings in compliance with AB 361 (2021). BACKGROUND/DISCUSSION Adopted and signed into law on September 16,2021,Assembly Bill 361 (AB 361)permits local legislative bodies to meet remotely during a declared state of emergency by complying with certain statutory requirements and making certain findings relating to the ability to meet safely in person.After an initial remote meeting utilizing the provisions of AB 361,to continue teleconference meetings the City Council will be required to reconsider the circumstances of the emergency every 30 days that the City’s legislative bodies need to be able to continue to meet remotely to ensure the health and safety of the public. On September 21,2021,the City Council adopted an initial Resolution No.166-2021 making findings and declaring the need for the Council and advisory bodies to continue meeting remotely to ensure the health and safety of the public and authorizing remote teleconference meetings pursuant to Government Code section 54953(e).Since the adoption of those resolutions,the City Council has utilized a hybrid in- person/teleconference meeting model.During this time,the Delta and Omicron variants have surged to be a significant risk and caused case spikes throughout the state.The City has adopted subsequent resolutions to reconsider the public health emergency circumstances and made additional findings required by AB 361.State and local governments have continued to monitor and respond to the trends impacting public health circumstances. The San Mateo County Health Department and the State continues to recommend indoor masking,especially for gatherings that include the elderly,immunocompromised,or people who are not vaccinated.The State of California continues to require masks in certain areas such as public transit,stations,terminals,and airports; healthcare facilities;emergency and homeless shelters;correctional facilities;and long-term care facilities,and continues to recommend masks in indoor public settings,K-12 schools,and childcare facilities.The Centers for Disease Control and Prevention (“CDC”)continues to recommend physical distancing of at least six feet (6’) from others outside of the household. The Council is being asked to review the prior AB 361 findings to continue teleconference meetings under AB 361 for the City’s legislative bodies.Staff recommends that the City Council adopt a resolution to declare these findings remain true so that these bodies can continue to meet remotely. RELATIONSHIP TO THE STRATEGIC PLAN Continued use of teleconference meetings will promote community participation,contributing to the City’s City of South San Francisco Printed on 4/28/2022Page 1 of 2 powered by Legistar™ File #:22-296 Agenda Date:4/27/2022 Version:1 Item #:8. Strategic Plan Priority No. 6 - Community Connections. FISCAL IMPACT There is no fiscal impact. CONCLUSION Staff recommends that the City Council adopt a resolution to continue conducting the City’s legislative body meetings remotely due to health and safety concerns for the public and making related findings in compliance with AB 361 (2021). City of South San Francisco Printed on 4/28/2022Page 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 #:22-297 Agenda Date:4/27/2022 Version:1 Item #:8a. Resolution of the City Council of the City of South San Francisco declaring the continuing need for the City legislative bodies to meet remotely to ensure the health and safety of the public and making related findings. WHEREAS,on March 4,2020,Governor Newsom declared a State of Emergency to make additional resources available,formalize emergency actions already underway across multiple state agencies and departments,and help the State prepare for a broader spread of COVID-19; and WHEREAS,on March 11,2020,the City Council adopted Resolution No.35-2020 declaring a local emergency due to COVID-19; and WHEREAS,on May 13,2020,the City Council adopted Resolution No.57-2020 amending and updating a local emergency due to COVID-19; and WHEREAS,on March 17,2020,in response to the COVID-19 pandemic,Governor Newsom issued Executive Order N-29-20 suspending certain provisions of the Ralph M.Brown Act to allow local legislative bodies to conduct meetings telephonically or by other means; and WHEREAS,as a result of Executive Order N-29-20,staff set up virtual meetings for all City Council and legislative body meetings; and WHEREAS,on June 11,2021,Governor Newsom issued Executive Order N-08-21,which placed an end date of September 30, 2021, for agencies to meet remotely; and WHEREAS,since issuing Executive Order N-08-21,the Delta variant has emerged,causing a spike in COVID- 19 cases throughout the state; and WHEREAS,on August 3,2021,in response to the Delta variant,the San Mateo County Health Department ordered all individuals to wear masks when inside public spaces and maintain social distancing; and WHEREAS,on September 16,2021,the Governor signed Assembly Bill 361 (AB 361)(2021)which allows for local legislative bodies to continue to conduct meetings via teleconferencing under specified conditions, including that the City Council makes specified findings; and WHEREAS,since the passage of AB 361,the Omicron variant has spread across the Bay Area,the state and nationwide,causing an additional spike in COVID-19 cases and creating significantly higher risks of infection and hospitalization; and WHEREAS,in response to the fast-spreading Omicron variant,the California Department of Public Health issued an order on December 15,2021,requiring everyone in the state to wear masks in indoor public spacesCity of South San Francisco Printed on 4/28/2022Page 1 of 3 powered by Legistar™ File #:22-297 Agenda Date:4/27/2022 Version:1 Item #:8a. issued an order on December 15,2021,requiring everyone in the state to wear masks in indoor public spaces and workplaces,which order and the County Health Department’s order are effective through February 15, 2022; and WHEREAS,the County Health Department continues to recommend indoor masking,especially for gatherings that include the elderly, immunocompromised, or people who are not vaccinated; and WHEREAS,the State of California continues to require masks in certain areas such as public transit,stations, terminals,and airports;healthcare facilities;emergency and homeless shelters;correctional facilities;and long- term care facilities,and also continues to recommend masks in indoor public settings,K-12 schools,and childcare facilities; and WHEREAS,the Centers for Disease Control and Prevention (“CDC”)continues to recommend physical distancing of at least six feet (6’) from others outside of the household; and WHEREAS,the City cannot maintain social distancing requirements for the public,staff,Councilmembers,and advisory body members in their respective meeting locations; and WHEREAS,because of the rise in cases due to the Delta and Omicron variants,the City is concerned about the health and safety of all individuals who intend to attend Council and advisory body meetings; and WHEREAS,on September 21,2021,the City Council adopted an initial Resolution No.166-2021 making findings and declaring the need for the Council and advisory bodies to continue meeting remotely in order to ensure the health and safety of the public and authorizing remote teleconference meetings pursuant to Government Code section 54953(e),and thereafter has both utilized a hybrid in-person/teleconference meeting model as well as adopted additional resolutions reconsidering the circumstances of the public health emergency and making findings and declaring the need for the Council and advisory bodies to continue meeting remotely in order to ensure the health and safety of the public and authorizing remote teleconference meetings pursuant to Government Code section 54953(e); and WHEREAS,the City Council has again reconsidered the circumstances of the Governor’s state of emergency proclamation pursuant to Government Code section 8625, which remains active; and WHEREAS,the circumstances described under Resolutions No.166-2021 and subsequent resolutions continue to exist and the City continues to be concerned about the health and safety of all individuals who intend to attend Council and advisory body meetings; and WHEREAS,the City shall ensure that its meetings comply with the provisions required by AB 361 (2021)for holding teleconferenced meetings. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO RESOLVES AS FOLLOWS: 1.The above recitals are true and correct, and incorporated into this Resolution. 2.In compliance with AB 361 (2021),and to continue to conduct teleconference meetings without complying with the usual teleconference meeting requirements of the Brown Act,the City Council City of South San Francisco Printed on 4/28/2022Page 2 of 3 powered by Legistar™ File #:22-297 Agenda Date:4/27/2022 Version:1 Item #:8a. makes the following findings: a)The City Council has reconsidered the circumstances of the state of emergency; and b)The state of emergency,as declared by the Governor and City Council,continues to directly impact the ability of the City Council and the City’s advisory bodies,as well as staff and members of the public, from meeting safely in person; and c)The CDC continues to recommend physical distancing of at least six feet (6’)from others outside of the household;however,the City cannot maintain social distancing requirements for the Councilmembers, advisory bodies, staff and public in the meeting spaces; and d)The City Council and advisory bodies continue to need to be able to meet remotely due to present imminent risks to the health or safety of attendees. 3.City Council and City’s legislative body meetings may continue to be conducted remotely in compliance with AB 361, to better ensure the health and safety of the public. 4.The City Council will revisit the need to conduct meetings remotely within 30 days of the adoption of this resolution. ***** City of South San Francisco Printed on 4/28/2022Page 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 #:22-282 Agenda Date:4/27/2022 Version:1 Item #:9. Report regarding a resolution to accept grant awards from the Metropolitan Transportation Commission and from the California State Office of Housing and Community Development for planning studies and community engagement to prepare a Lindenville Specific Plan and associated environmental analysis;approve the appropriation of funding from the General Plan Reserve Fund;authorize a consulting services agreement with Raimi +Associates for preparation of the Lindenville Specific Plan Project and with Good City Company for project management;authorize a City administrative budget;and approve Budget Amendment #22.064.(Tony Rozzi, Chief Planner/Acting ECD Diretor and Billy Gross, Principal Planner) RECOMMENDATION Staff recommends that the City Council adopt a resolution to do the following: 1.Accept grant awards from the Metropolitan Transportation Commission in an amount up to $500,000 and from the California State Office of Housing and Community Development in an amount up to $310,000 for planning studies and community engagement to prepare a Lindenville Specific Plan and associated environmental analysis; 2.Approve a total appropriation of $1,455,999 from the General Plan Reserve Fund to prefund the project; 3.Authorize a consulting services agreement with Raimi +Associates in an amount not to exceed $1,405,999 for the preparation of the Lindenville Specific Plan Project and associated environmental analysis; 4.Authorize an amendment to the consultant services agreement with Good City Company to expand scope and term dates to assist with project management of the Lindenville Specific Plan Project; 5.Authorize a City administrative budget in an amount of $50,000 for City support of the project, including translation services,meeting mailers,community meeting amenities and similar services; and 6.Approve budget amendment #22.064 BACKGROUND A General Plan is the local government’s long-term blueprint for the community’s vision of future growth.Each city is required by California law to have a General Plan to guide its future land use decisions.The City embarked on a comprehensive update of the General Plan,Zoning Code and Climate Action Plan in 2018 that is nearly complete.The Draft General Plan identifies the Lindenville sub-area as an important opportunity to add housing adjacent to the downtown transit-rich core and support a creative arts and maker community.To ensure the new development proceeds in an organized and well-planned manner and includes new housing opportunities, staff recommends preparation of a Specific Plan for the area. While the General Plan is a required document for each city in California,a Specific Plan is an optional planning document that implements the goals and policies of the General Plan in a particular geographic area. Typically,the plan addresses areas of change that need special attention and integrated/holistic planning.A specific plan covers a 10-15 year timeline,and includes land use guidance,design and development standards, necessary infrastructure investment,financing tools and implementation schedules.The City has adoptedCity of South San Francisco Printed on 4/28/2022Page 1 of 4 powered by Legistar™ File #:22-282 Agenda Date:4/27/2022 Version:1 Item #:9. necessary infrastructure investment,financing tools and implementation schedules.The City has adopted several Specific Plans in the past including the Downtown Station Area Specific Plan,El Camino Real/Chestnut Avenue Area Plan,South El Camino Real Plan,BART Transit Village Plan and private development plans such as the Genentech Master Plan and Oyster Point Specific Plan. In order to fund the Specific Plan,staff applied for and was awarded a Priority Development Area (PDA) Planning Grant from the Metropolitan Transportation Commission (MTC)in the amount of $500,000 and a SB2 Grant from the State office of Housing and Community Development (HCD)in the amount of $310,000. The combined grant amount is $810,000 towards total costs and will need to be expended by the end of 2023. Request for Proposals and Recommendation The Request for Proposals (RFP)for a Specific Plan consultant was released on January 10,2022 with direct distribution to 15 firms from the PDA grant list and posted on the City’s website.Staff conducted a well- attended pre-bidders conference on January 24,2022.The City received four proposals in response to the RFP and interviewed three firms with responsive,well-qualified and reasonably priced proposals.The remaining firm that was not interviewed proposed a much higher cost project compared to the other proposals. Staff recommends Raimi +Associates for the Specific Plan project,whom the Council may recognize for their ongoing work with the General Plan Update.Staff felt the firm was the most qualified and provided the most relevant experience in preparing Specific Plans in other communities that are introducing housing into formerly industrial lands similar to Lindenville.Staff was impressed with the firm’s approach to creative design solutions,public outreach,technical analysis and holistic thinking.The team also has developed extensive knowledge of the City and earned community trust with the General Plan outreach process currently underway. Raimi +Associates is a mission-driven planning,urban design and research firm based in Berkeley.The firm has extensive experience preparing General Plans,Precise and Specific Plans,urban design studies,vision plans,form-based codes,design guidelines and zoning codes and other ordinances.For the Specific Plan update process,Raimi +Associates has assembled a team that includes SERA Architects for urban design, BASE Landscape Architecture,Plan to Place for community engagement,Fehr &Peers for traffic,Strategic Economics for economic analysis,Sherwood Design Engineers for civil endangering and infrastructure,and FirstCarbon Solutions for preparation of the CEQA Analysis. Raimi + Associate’s scope of work, with adjustments by staff, includes the following highlights: 1.Community engagement plan with development of a project website,stakeholder and focus group interviews,technical working group meetings,community workshops,pop-up meetings at popular locations and meetings with the Planning Commission and City Council. 2.Preparation of an existing conditions report,expanding on the information gathered as part of the General Plan update process. 3.Land use alternatives and urban design options for the area that match the expected growth capacity and vision established by the ShapeSSF 2040 Update. 4.Akin to the General Plan process,the alternatives will be presented to the community,Planning Commission and City Council for selection of a preferred land use and urban design plan. 5.Detailed technical analysis of the preferred land use plan and development of the Draft Specific Plan. 6.Environmental analysis required under CEQA based on the scope and extent of changes proposed in the Specific Plan. Consistent with the grantor requirements,the Specific Plan will be completed by September 2023 so that City of South San Francisco Printed on 4/28/2022Page 2 of 4 powered by Legistar™ File #:22-282 Agenda Date:4/27/2022 Version:1 Item #:9. Consistent with the grantor requirements,the Specific Plan will be completed by September 2023 so that reimbursements can be processed before the State’s December 31, 2023 deadline. Specific Plan Development and Administration Proposed Budget The proposed Raimi +Associates cost to prepare the Specific Plan and associated environmental analysis is $1,277,999,exceeding the current grant amount of $810,000,which was anticipated.Additionally,staff recommends authorizing a contingency amount of $128,000 for unforeseen items that may arise during the process for a period of two years. Previously,the City retained the planning consulting firm,Good City Company,to assist Planning Division staff with the management of the General Plan update process.Staff recommends continuing this approach with the Lindenville Specific Plan process.Good City Company will augment Planning Division staff with the management of the grants and the Lindenville Specific Plan development including;coordination with HCD and MTC,preparation of reports,coordination between the Specific Plan consultant and other City departments as well as regional agencies,and assist with community outreach.Based on this,staff recommends that the existing Consulting Services Agreement with Good City Company,which has sufficient financial capacity,be amended to include project management on the Lindenville Specific Plan process for a period of two years. FISCAL IMPACT The PDA Planning Grant from MTC in the amount of $500,000 and the SB2 Grant from HCD in the amount of $310,000 results in a combined grant amount of $810,000 for development of the Lindenville Specific Plan. The remaining cost differential would be funded from the General Plan Fund 270,which his regularly augmented via new development permitting fees. Staff recommends the Council accept the grant funds in the amount of $810,000 by resolution and appropriate $1,455,999 from the General Plan reserve fund to prefund the project as follows: ·Authorize an Agreement with Raimi +Associates for the preparation of the Specific Plan and Environmental Analysis in an amount not to exceed $1,405,999 (including the $128,000 contingency). ·Authorize an administrative budget of $50,000 for City support of the project,including translation services, meeting mailers, and community meeting amenities. There is $1,000,900 available in the General Plan Reserve Fund currently and staff will work with Finance to authorize the full amount in stages as funds are replenished for this authorization via quarterly reimbursements - a Budget Amendment request has been completed (Budget Amendment #22.064). RELATIONSHIP TO STRATEGIC PLAN The proposed Lindenville Specific Plan Project helps achieve the following goals/objectives of the City’s Strategic Plan by developing a clear course for new development,environmental protection,and sensitive land use siting consistent with the following priorities:Priority #2:Quality of Life and Priority #5:Financial Stability CONCLUSION Staff recommends that the City Council adopt the Resolution to Accept grant awards from the Metropolitan Transportation Commission and from the California State Office of Housing and Community Development for planning studies and community engagement to prepare a Lindenville Specific Plan and associated environmental analysis;Approve the appropriation of funding from the General Plan Reserve Fund;Authorize a City of South San Francisco Printed on 4/28/2022Page 3 of 4 powered by Legistar™ File #:22-282 Agenda Date:4/27/2022 Version:1 Item #:9. environmental analysis;Approve the appropriation of funding from the General Plan Reserve Fund;Authorize a consulting services agreement with Raimi +Associates for preparation of the Lindenville Specific Plan Project and with Good City Company for project management;Authorize a City administrative budget;and Approve Budget Amendment #22.064. Exhibits to Associated Resolution: A.Raimi + Associates Agreement, Scope of Work and Cost B.Good City Company Agreement Amendment City of South San Francisco Printed on 4/28/2022Page 4 of 4 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-283 Agenda Date:4/27/2022 Version:1 Item #:9a. Resolution to accept grant awards from the Metropolitan Transportation Commission in the amount of $500,000 and California State Office of Housing and Community Development in the amount of $310,000 for the Lindenville Specific Plan and CEQA Analysis Project;approve the appropriation of funds in the amount of $1,455,999 from the General Plan Reserve fund to prefund the reimbursable project;Authorize a consulting services agreement with Raimi +Associates for preparation of the Lindenville Specific Plan and CEQA Analysis in an amount not to exceed $1,405,999 including contingency;authorize an amendment to the existing consulting services agreement with Good City Company to assist with project management;authorize a City administrative budget in an amount not to exceed $50,000; and approve Budget Amendment #22.064 WHEREAS,the Draft South San Francisco General Plan has been released for public review and comment following a three-year community engagement process; and WHEREAS,the Draft South San Francisco General Plan reflects the community’s vision and identifies the Lindenville sub-area as an important area of change and potential new development including housing to meet the City’s Regional Housing Needs Assessment (RHNA) obligation; and WHEREAS,in anticipation of the need to prepare a Specific Plan for the Lindenville area,City of South San Francisco (City)staff applied for and has been awarded a Planned Development Area (PDA)Planning Grant from the Metropolitan Transportation Commission (MTC)in the amount of $500,000 and a SB2 Grant from the State Office of Housing and Community Development (HCD)in the amount of $310,000,and the combined grant amount applicable to the Lindenville Specific Plan preparation is $810,000,and the City will be required to follow the grantee funding requirements; and WHEREAS,City staff on January 10,2022 issued a Request for Proposals for the Lindenville Specific Plan and CEQA Analysis (Project) and on February 11, 2022, staff received four proposals in response; and WHEREAS,following an interview process,staff recommends proceeding with Raimi +Associates for preparation of the Project in an amount not to exceed $1,405,999,which includes a $128,000 contingency amount for unforeseen costs that may arise during the process; and WHEREAS,additional staff assistance is needed to supplement City Staff with management of the Project, including coordination with MTC and HCD,coordination between the Specific Plan consultant and other City City of South San Francisco Printed on 4/28/2022Page 1 of 2 powered by Legistar™ File #:22-283 Agenda Date:4/27/2022 Version:1 Item #:9a. departments and outside agencies, assistance with community outreach and preparation of staff reports; and WHEREAS,the firm Good City Company has extensive professional planning and project management service experience,has assisted the City with the General Plan Update process and provided staff assistance for the Commission on Race and Social Equity,and has staff available to assist the City with the management of the grants and Specific Plan process; and WHEREAS,there is $1,000,900 available in the General Plan Reserve Fund currently and staff will work with Finance to authorize the full amount in stages as funds are replenished for this authorization via quarterly reimbursements, and a Budget Amendment request #22.064 has been completed. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco as follows: 1.The City Council accepts grant awards from the Metropolitan Transportation Commission in the amount of $500,000 and from the California State Office of Housing and Economic Development in the amount of $310,000, to be allocated to the Lindenville Specific Plan and CEQA Analysis Project; and 2.The City Council authorizes the appropriation of General Plan Reserve Funds in an amount not to exceed $1,455,999; and 3.The City Council authorizes a consulting services agreement with Raimi +Associates for the preparation of the Lindenville Specific Plan and CEQA Analysis Project in an amount not to exceed $1,405,999 (including the $128,000 contingency,attached hereto and incorporated herein as Exhibit A; and 4.The City Council authorizes an amendment to the consulting services agreement with Good City Company to provide Project management services,attached hereto and incorporated herein as Exhibit B; and 5.The City Council authorizes an administrative budget of $50,000 for City support of the project; and 6.The City Council approves Budget Amendment #22.064 amending the Economic and Community Development Department - Planning Division operating budget; and 7.The Finance Director is authorized to take all necessary budgetary actions to carry out the intent of this Resolution, which may straddle appropriations across multiple fiscal years; and 8.The City Manager is authorized to execute the documents on behalf of the City,subject to approval as to form by the City Attorney; and 9.The City Manager is authorized to take any other related actions necessary to carry out the intent of this Resolution. ***** City of South San Francisco Printed on 4/28/2022Page 2 of 2 powered by Legistar™ EXHIBIT A CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND RAIMI + ASSOCIATES THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and Raimi + Associates (“Consultant”) (together sometimes referred to as the “Parties”) as of ____________, 2022 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached hereto and incorporated herein as Exhibit A, at the time and place and in the manner specified th erein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 2023, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all work required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One million five hundred twenty seven thousand nine hundred ninety nine dollars,($1,527,999) notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, or Consultant’s compensation schedule, attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to a ny pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for all services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain all the following information: ▪ Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.); ▪ The beginning and ending dates of the billing period; ▪ A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; ▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ▪ The total number of hours of work performed under the Agreement by each employee, agent, and subcontractor of Consultant performing services hereunder; ▪ Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours within a twelve (12)- month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. ▪ The amount and purpose of actual expenditures for which reimbursement is sought; ▪ The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. Each invoice shall include all expenses and actives performed during the invoice period for which Consultant expects to receive payment. 2.3 Final Payment. City shall pay the five percent (5%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit B. 2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by this Agreement mileage and travel, project/sub management, document printing, data purchase, videographer, web hosting and domains, community-based organization stipends and office expenses (copies, etc.). Reimbursable expenses shall not exceed One hundred forty six thousand seven hundred sixteen dollars ($146,176). Expenses not listed above are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under Section 2 of this Agreement that shall not be exceeded. 2.7 Payment of Taxes; Tax Withholding. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Consultant must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit D. Unless Consultant provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Consultant as required by law. Consultant shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Consultant accepts sole responsibility for withholding taxes from any non- California resident subcontractor and shall submit written documentation of compliance with Consultant’s withholding duty to City upon request. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 False Claims Act. Presenting a false or fraudulent claim for payment, including a change order, is a violation of the California False Claims Act and may result in treble damages and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation. 2.11 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the 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 attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.” Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to prop erty that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self- insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator, as defined in Section 10.9. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and n on- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability Insurance and Services Office form number GL 0404 covering Broad Form Comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverag e on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, this shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the City’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that cover age is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self- insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self- insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the fullest extent permitted by law, Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance (“Claims”), to the extent caused, directly or indirectly, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. 5.1 Insurance Not in Place of Indemnity. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 5.2 PERS Liability. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 5.3 Third Party Claims. With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all federal, state and local laws and regulations applicable to the performance of the work hereunder. Consultant’s failure to comply with such law(s) or regulation(s) shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations req uired of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require Consultant to execute a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrato r, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties except as required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made avai lable for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys’ fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equ al 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 o f 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 the Community Development Director ("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 P arties as follows: Consultant Eric Yurkovich Raimi + Associates 200 Hearst Avenue Berkeley, CA 94709 City Community Development Director City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 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 the scope of work attached hereto and incorporated herein as Exhibits A, B, [[and]C[, and D]] [ENSURE THAT THE CORRECT EXHIBITS ARE LISTED] represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. Exhibit A Scope of Services Exhibit B Compensation Schedule 10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. 10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties hereto with no intent to benefit any non-signatory third parties. [SIGNATURES ON FOLLOWING PAGE] The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO CONSULTANT ____________________________ ______________________________ City Manager [NAME, TITLE] Attest: ____________________________ City Clerk Approved as to Form: ____________________________ City Attorney EXHIBIT A SCOPE OF SERVICES . Lindenville Specific Plan and CEQA Analysis 1 Lindenville Specific Plan Scope of Work The following is the scope of work for the Lindenville Specific Plan for the R+A team for the City of South San Francisco. Acronyms: • R+A: Raimi + Associates • P2P: Plan to Place • BASE: BASE Landscape Architecture • FCS: FirstCarbon Solutions • SE: Strategic Economics • F&P: Fehr & Peers • SERA: SERA Architects • SDE: Sherwood Design Engineers Task 1: Background Report and Community Outreach Plan Task 1.1: Kick-Off Meeting The R+A team will hold a full‐day kick‐off meeting virtually or in the city to initiate the project. This meeting will include an overall team meeting, one‐on‐one topic‐specific meetings with City staff, and a tour of the Specific Plan area. Task 1.2: Existing Conditions Report and SWOT Analysis The team will prepare an administrative draft SWOT analysis and background report summarizing existing conditions within the Specific Plan area. This product will be informed by existing conditions and technical reports prepared for the General Plan. The SWOT analysis will analyze strengths, weaknesses, opportunities, and threats in the Specific Plan area, including those related to: land use and urban design; demographics and socio-economic trends; transportation; infrastructure and utilities; economic, housing, and market conditions; resilience, sea level rise, and adaptation; environmental conditions and hazards; and equity, health, and environmental justice. SERA will prepare an “opportunities and constraints” diagram(s) that graphically summarizes the urban design, development, open space, and active transportation opportunities that existing within the Specific Plan area, as well as the constraints that must be overcome in order to realize those opportunities . The SWOT will be delivered in a brief 25-40 page report with maps and will cover the following topics: Land Use and Urban Design: R+A and SERA will prepare a focused analysis of land use and urban design existing conditions in the Lindenville Specific Plan area. This analysis will focus on topics that were not Lindenville Specific Plan and CEQA Analysis 2 covered in the existing conditions reports prepared for the General Plan, such as property ownership and existing urban design conditions, including along the South Spruce Corridor and Colma Creek. This report will also cover topics that were discussed in the General Plan existing conditions report but need to be updated to reflect current conditions, such as existing land use and pipeline projects. Infrastructure: SDE will summarize findings on civil infrastructure, including site topography, utility information (wet and dry), drainage, hydrology, pavements, and other civil related infrastructure to the extent information is available. Transportation: F&P will leverage the data collection and circulation network concepts from the General Plan technical reports in defining existing conditions. The team will summarize the following data to inform the existing conditions report: existing and planned roadway geometrics and traffic controls; pre- Covid and new traffic volumes on major streets and available collision information; existing and planned transit service, ridership, and facility descriptions; and location of existing and planned bicycle and pedestrian facilities and available collision information. The existing conditions task will include a visit to the Specific Plan area to gain qualitative information about the relative levels of bicycling and walking, automobile queuing, and passenger and freight loading activity. F&P will analyze key intersections and roadway segments, identified in consultation with City staff. Gaps in transit, bicycle, and pedestrian networks each will be noted internal to the Specific Plan area and along bordering streets. F&P will also collect counts and review current on-street parking demand within the Specific Plan area. Economic and Market Overview: Based on SE’s work completed for the South San Francisco General Plan, SE will supplement this previous work by interviewing local industrial brokers to update findings regarding leasing trends and competitive positioning of the area for industrial businesses. SE will also prepare an updated summary of existing market conditions in the Lindenville area, including inventory data and recent trends in rents and vacancy rates for commercial and industrial uses. Environmental Conditions: FCS will prepare an existing conditions report on environmental conditions in the Specific Plan area. This report will document the applicable regulatory setting and existing conditions in the planning area, providing data, maps, and other salient information. The findings of the report will also inform Specific Plan policy development by highlighting local issues and environmental constraints to consider early in the process. In this way, the existing conditions report can pave the way for a self- mitigating Specific Plan and reduce the need for mitigation measures in the CEQA document. Task 1.3: Community Outreach Plan and Branding Concept Community Outreach Plan: P2P will prepare a comprehensive Community Outreach Plan to clearly identify the range of outreach tools and platforms and the timing and responsibilities related to each. Fact Sheet and FAQs: The R+A team will create a 2-page project fact sheet and FAQs. Branding Concept - Logo and Branding: R+A will prepare branding materials for the project. This will include a logo, color palette, document layouts and fonts, meeting notices, and a presentation template. All public materials will use the branding identity to distinguish this effort from other City projects. Lindenville Specific Plan and CEQA Analysis 3 Task 1.4: Project Website R+A will prepare an interactive project website that allows for clear two -way communication and the common thread throughout the engagement process. Initially, the website will connect the community to project updates and deliverables, upcoming events, and meeting summaries. The site will include an interactive component to encourage the community to share their stories and complete surveys or interactive activities. The R+A team will regularly update the website and work with City staff to expand existing social media and discussion forums. Task 1.5: Stakeholder and Focus Group Meetings The R+A team will conduct up to 10 one-hour stakeholder interview or focus group meetings. Stakeholders will be identified with staff and may include: City Council members, property owners , arts community representatives, advocacy organizations, major industry representatives, small business owners, real estate brokers, developers, and community leaders. R+A will prepare a brief memorandum summarizing the results of the stakeholder interviews. Additionally, the R+A team will conduct up to six one-hour property owners meetings identified City staff, throughout targeted phases of the project. Task 1.6: Technical Working Group (TWG) Meetings The R+A team will facilitate up to six virtual meetings with the TWG to obtain high-level feedback on the plan implementation; housing, open space, transportation, and infrastructure concepts; and other key topics. The TWG is assumed to be made up of City, County, and other local agency staff. While specific content will be prepared for each meeting, significant new materials and preparation are not expected. Rather, the work by the team will be compiled and summarized for feedback from the TWG. City staff will provide logistics and communication with TWG members for this task. Task 1.7: Pop-Up Meetings The P2P will facilitate up to four “pop-up” meetings at popular locations and well-attended events in and around the Lindenville area. These meetings will be held at times and locations convenient for all demographics, and materials will be translated and accessible for all that attend. Task 1.8: Community Workshops The R+A team will organize up to four community workshops to initiate the Specific Plan process, help define plan implementation activities, and celebrate the com pletion of the plan. Each 2-hour workshop will include an opening presentation followed by interactive exercises. It is assumed that these meetings will be a combination of virtual and in person meetings. The proposed topic of each workshop is below: • Workshop 1: Project Kick-off, History, Reintroduction of Vision, Issues/Priorities/Barriers to Achieving Vision • Workshop 2: Land Use and Mobility • Workshop 3: Parks, Ecology and Resiliency • Workshop 4: Draft Specific Plan Open House The team will be responsible for developing the workshop format and preparing the agenda, consolidating and synthesizing relevant materials from the technical team when needed, facilitating the workshop (lead facilitator and 1-2 assistants), and providing summary notes documenting input and identifying common discussion themes. The R+A team will provide an outreach flyer for each meeting Lindenville Specific Plan and CEQA Analysis 4 that can be distributed via email and through existing city channels. The team will also provide simultaneous interpretation in Spanish (and Mandarin and Tagalog as needed) and translate the presentation and pertinent information to distribute through the project website. City staff will be responsible for mailing flyers and physically distributing flyers throughout the city, securing meeting rooms, obtaining daycare, and providing small group facilitators as needed. Task 1.9: Online Surveys The R+A team will collaborate with City staff on initial intent and content for up to four surveys and assist in preparing and analyzing surveys to extend the reach of the engagement effort. Online surveys will mirror other engagement activities. Surveys are anticipated to be administered through SurveyMonkey, Google Forms, or an equivalent software. Task 1.10: Biweekly Check-in Calls and Coordination Meetings R+A and other team members will hold biweekly phone calls to coordinate with the City about the project. This task also covers “informal” communication via email and phone up to the maximum budget. In addition, this task covers communication with other City departments and consultants outside the scope of the Specific Plan pertinent to Specific Plan development, such as coordination with project leads for the Arts Master Plan. Task 2: Land Use Alternatives and Urban Design Task 2.1: Land Use Alternatives and Summary Report SERA, in collaboration with R+A, will draft a series of three land use alternatives for Lindenville that build from the SWOT analysis, existing conditions report, engagement results to date, and vision established by the General Plan. Each alternative will present a distinct approach for accommodating new residential and mixed uses into this employment area while also supporting and allowing current uses to grow and evolve. The alternatives will consider land use and design approaches to produce complete neighborhoods that bolster the artistic and creative community in Lindenville and encourage the development of amenities, personal services, and supportive uses for new residents and existing employees. Each alternative will consider different approaches to height, density, and intensity; multi - modal circulation; and varied visions for key opportunity sit es and areas, such as the South Spruce corridor and the design of public space along Colma Creek. The alternatives will also carefully consider the open space framework, including introducing park(s) to Lindenville, streetscapes, greenways, and multi- modal connections to Downtown and other destinations. Underlying these approaches will be a framework for addressing flooding and sea-level rise, and as such will also take into account the integration of Colma Creek into the future of Lindenville. SDE will provide comments related to utilities, drainage, public improvements, and flooding and sea level rise. Included in this work will be initial design concepts for key (re)development sites, to be refined in conjunction with the preferred plan (see Task 2.4). For some topics, the team will develop three or more distinct alternative concepts, while others may show a single concept or simple range of parameters or opportunities that are feasible for the topic. This work will be collected in a summary report, which will include a summary of the direction of each alternative, mix of uses, growth projections, maps, and concept diagrams or renderings. Lindenville Specific Plan and CEQA Analysis 5 Connectivity and Mobility Concepts F&P will develop connectivity and mobility concepts for each of the three land use alternatives. Each alternative will have a network concept that assigns priority modes to the major streets based on the land use mix and intensity. Street section diagrams, a parking strategy, and TDM goals will be prepared for the preferred land use plan only. Relative Fiscal Impacts of Different Land Uses/Building Types Strategic Economics will analyze and compare the relative fiscal contributions of four development “prototypes” corresponding to different land uses and building types that are envisioned to be built in Lindenville under the land use alternatives. This analysis will provide an understanding of the fiscal tradeoffs associated with encouraging different kinds of growth in Lindenville. The fiscal impact study will focus on ongoing annual revenues and operations and maintenance costs for the City of South San Francisco’s General Fund. Strategic Economics will estimate the major General Fund revenues associated with each prototype, such as property tax, property transfer tax, and sales tax. Strategic Economics will estimate expenses associated with each prototype based on either a per capita approach (based on the service population associated with the prototype) or through department-specific “case study” cost estimates developed in collaboration with the City of South San Francisco’s Finance Department and representatives of City departments. This product will be delivered as a memo (draft and final) describing the results of the analysis, implications for comparing the land use alternatives, and a technical appendix describing approach, methodology, and assumptions. Market and Implementation Assessment of Land Use Alternatives A variety of factors will determine the magnitude and pace of change, reinvestment, and development activity that would occur at properties in Lindenville under each of the Land Use Alternatives. Outcomes will vary depending on the alignment between each alternative and market conditions impacting the financial feasibility of envisioned buildings/uses, site/property characteristics, and property owner motives and financial incentives. At the same time, these varying opportunities and barriers to realizing each of the alternatives are not the sole consideration for comparing them, since each alternative will fulfill the General Plan’s policies to a greater or lesser extent, and the City itself plays a role in accelerating implementation of each alternative’s vision through City actions and infrastructure investments. Strategic Economics will complete a three-part comparative assessment of the alternatives. First, Strategic Economics will gauge the likely magnitude and pace of change under each alternative through: qualitative comparison of market demand with the envisioned building types and land uses; identification of major development opportunity sites via an analysis of each site’s ratio of improvements to land value; and interviews with a diverse variety of property owners to better understand individual reinvestment incentives, motives, and constraints to development. Second, Strategic Economics will assess each alternatives’ ability to fulfill the housing and economic goals and priorities of the General Plan. Third, Strategic Economics will use information gleaned from the first analysis to identify City interventions that could serve as “market accelerators” for each alternative by overcoming obstacles to development. As needed, Strategic Economics will research up to three brief case studies of transitioning industrial districts to inform the assessment. Strategic Economics will author a draft memo that compares the land use alternatives based on the findings of the above assessment. This memo will be revised in response to a consolidated set of comments and questions provided by City staff. Lindenville Specific Plan and CEQA Analysis 6 Task 2.2: Land Use Alternatives Presentation to Public and Committees R+A will prepare a presentation on land use alternatives for public and City committees for review and comment. The presentation will summarize key attributes of the alternatives and their development, including: Specific Plan background, process, and engagement to date ; vision for Lindenville established in the General Plan; overview of the land use alternatives, including maps and key attributes, such as land use mix, growth projections, urban design characteristics, and the mobility framework. Task 2.3: Summary of Community Outreach R+A will prepare a brief report summarizing high level results to-date from community outreach. This summary will inform the community and decision-makers about the timeline of engagement, format of engagement activities, demographic information of participants to date, provide high-level takeaways of engagement results, and link to other engagement summaries produced for this plan. This report will supplement the land use alternatives presentation to Planning Commission and City Council and will be produced for inclusion on the project website and in the staff reports for these hearings. Task 2.4: Alternatives Presentation to Planning Commission and City Council Building on the presentation developed in Task 2.2 and the summary produced for Task 2.3, R+A will prepare a presentation to present to the Planning Commission and City Council on the alternatives. Task 2.5: Summary of Planning Commission and City Council Feedback R+A will produce a brief report summarizing comments from the Planning Commission and City Council on the land use alternatives. This summary will inform direction of the preferred land use and urban design plan, to be produced in Task 2.6. Task 2.6: Preferred Land Use and Urban Design Plan Based on input from Planning Commission, City Council, and the community, R+A, SERA, and F&P will prepare a draft preferred land use and urban design plan that synthesizes the initial alternatives into a single, preferred scenario. R+A will provide a preferred land use map and a summary of development potential. F&P will include a circulation plan and mobility strategy, including parking strategy, TDM goals, and street section diagrams showing lane widths and mobility needs. SERA will prepare refined site (re)development concepts for up to four (4) opportunity sites in order to demonstrate a range of programs and development approaches that can best achieve the community’s vision for Lindenville’s evolution. SERA will also prepare an urban design framework diagram that will graphically summarize the design intent for Lindenville’s transformation. SDE will provide input in civil infrastructure, including open space, green infrastructure, sea level rise, and Colma Creek adaptation. This information, which will include maps, representative photos, (re)development concepts, initial land use policy direction, growth projections, and descriptive text of the preferred alternative, will be collected in a summary. Task 3: Technical Analysis of Preferred Land Use Plan Task 3.1: Water Supply Assessment Working together with the local water district, SDE will review available data provided by the district to assess supply of water for the future plan. SDE assumes the local water district has performed their own Lindenville Specific Plan and CEQA Analysis 7 modeling and will review available information to inform if additional studies are warranted. A water supply assessment is included in the Optional Tasks section if the district does not have a study available. Task 3.2: Utility Master Plan Update SDE will review available data, and input provided by agencies having jurisdiction and goals of the preferred land use plan to develop master plans for water, sanitary sewer and stormwater systems to support the plan. The master plans include both narratives and exhibits for each system. The master plans will include narratives and exhibits for each system, including Water Master Plan, Sanitary Sewer Master Plan, and Stormwater Master Plan. Task 3.3: Bike and Pedestrian Circulation/Complete Streets Plan F&P will identify complete streets measures to help ease implementation of the preferred land use plan. Measures would be tailored to improve bicycle and pedestrian circulation, transit circulation and reliability, and construction-related impacts within and at key gateways to Lindenville. The Complete Streets Plan will consider efficiency, reliability, and safety tradeoffs between modes and will incorporate the findings from Task 3.4. The Complete Streets Plan will include cross -sections for each street in Lindenville and full conceptual layouts for up to four streets. F&P will initiate coordination with SamTrans and the City staff to select a preferred bus route alignment along Spruce or Linden. Task 3.4: Traffic Impact Analysis F&P will perform traffic analysis comparing existing traffic to the 2040 no project and 2040 preferred land use plan. The analysis will rely on the City’s subarea model for trip generation and assignment to the planning area roadway network. The traffic analysis will compare volumes at key intersection, flag potential pinch points, and assess the need to update or add traffic control devices. The analysis would identify operational improvements for the preferred land use plan. Task 3.5: Parking Demand/ Transportation Demand Management Using the existing parking utilization collected for Task 1.2, F&P will analyze how on-street parking utilization and needs may change in the future and with the Preferred Land Use Plan. The plan will take a more holistic curb-management approach in setting parking and curb policies for the specific plan and will consider parking and loading projections in tandem. F&P will evaluate the performance of the Preferred Land Use Plan under the City’s updated TDM Ordinance (update in progress) and recommended any changes unique to the Lindenville area. Task 3.6: Market Analysis for Housing and Affordable Housing Strategy SE will prepare a housing market analysis to assess demand and development feasibility for a range of housing products. SE will also assess opportunities to incorporate live/work spaces into the plan area. The market and development feasibility analysis will address issues such as housing characteristics, general sources of demand, likely construction costs for product types, and rents or sales prices required make buildings financially feasible. SE will identify key barriers to redeveloping existing light industrial properties and will recommend strategies to overcome these barriers based on market conditions. SE will also examine existing affordable housing resources and opportunities to develop an affordable housing strategy for the Lindenville area. SE will interview City staff and local affordable housing developers, and review relevant documents, legislation, the updated Housing Element, analyses Lindenville Specific Plan and CEQA Analysis 8 completed as part of the General Plan Update, the City’s new inclusionary housing and commercial linkage fee studies, and other materials to understand the existing conditions for affordable housing development. SE will also evaluate existing affordable housing policies, requirements, and funding tools at the local, county, and State levels. SE will summarize the key opportunities and constraints to affordable housing production in Lindenville and will recommend strategies for facilitating production and funding for affordable housing in Lindenville, including consideration of live/work opportunities. Task 3.7: Equity, Health, and Environmental Justice Analysis R+A will produce a report analyzing potential health, equity, and environmental justice impacts associated with the preferred plan. It will examine potential health impacts, including air and water pollution, pollution from proximity to industrial uses, access to healthy foods, community gardens, physical activity, access to health care facilities, transportation safety, and health equity, among others. Task 3.8: Economic Impact Analysis SE will estimate the fiscal impacts of the preferred land use plan on the City’s General Fund. By adapting and updating the static fiscal impact model created by SE for the City’s General Plan Update, the analysis will estimate the change in ongoing operating revenues and expenditures for the projected net growth in residential and non-residential land uses associated with the preferred land use plan. Revenues will include the property tax, sales tax, and other major sources to the General Fund. Costs will be estimated based on interviews with key City departments and input from the City’s Finance Director and/or City Manager. Based on this input, SE will calculate the increase in General Fund expenditures for providing services to new residents and employees. SE will identify the revenues and costs generated by the preferred land use plan to determine whether the proposed changes would provide enough revenues to offset costs to the City’s General Fund. SE will also prepare an economic impact analysis assessing the potential impacts of the preferred land use plan on the ability of businesses requiring industrial lands to remain or locate on industrial land in Lindenville. Examples of potential factors include loss of industrial lands to redevelopment and increasing costs associated with development of new industrial space. Based on this assessment, SE will recommend strategies for ensuring retention of industrial space in Lindenville and for reducing displacement pressures on existing businesses. Task 3.9: Sea Level Rise and Adaptation Study SDE will lead development of the sea level rise and adaption study. It is anticipated previous efforts have been initiated by others. The study will build on those previous efforts to develop a qualitative analysis and provide recommendations on best practices including input from the topographical and drainage perspective. The Civil Engineer will gather available data and studies and determine if modeling is warranted. Modeling is not included under base scope. Task 3.10: Air Quality and Greenhouse Gas Assessment FCS will prepare an Air Quality and Greenhouse Gas (GHG) Assessment after the preparation of the Preferred Land Use Plan. The Air Quality and GHG Assessment will rely on the information and data developed for the Existing Conditions Report and SWOT Analysis to evaluate the project -related construction and operational activities. Lindenville Specific Plan and CEQA Analysis 9 Air Quality Assessment FCS will prepare an Air Quality Assessment consistent with the requirements of the CEQA Guidelines and Bay Area Air Quality Management District (BAAQMD) to support the CEQA document for the Specific Plan. The Specific Plan would include construction and operational activities that would generate ozone precursor and criteria air pollutant emissions. FCS will determine the methodologies and guidance required by BAAQMD's CEQA Air Quality Guidelines to model and evaluate the Specific Plan’s air quality impacts at a programmatic level. Increases in air pollutant and precursor emissions will be compared with applicable thresholds (e.g., BAAQMD recommended where available) for determination of significance. FCS will include a general discussion and quantitative estimate of potential short-term construction and long-term operational regional criteria air pollutant and precursor emissions. The specific model will be determined at the time of analysis but may include the most recent version of the California Emissions Estimator Model (CalEEMod). The modeling will incorporate the type and size of the proposed uses, construction phasing schedule, and other construction data (duration of construction, area of land to be disturbed/graded, etc.) to the extent that such data is available at the time of preparation of this analysis. Long-term (i.e., operational) regional criteria air pollutant and precursor estimates will include emissions from the proposed project’s area-, stationary-, and mobile-sources. Mobile-source emissions estimates will be based, in part, on the traffic analysis to be prepared for this project. Stationary sources such as emergency generators and boilers, if part of the proposed project, will be quantified to the extent that such data is available at the time of the preparation of the analysis. If data needs beyond the data collected for the Draft Existing Conditions and SWOT Analysis, FCS will provide City staff with a Request for Information (RFI) that includes all outstanding construction and operational parameters required to model air quality emissions for a programmatic level of analysis. Because this is a programmatic level of analysis, FCS will work with City staff to develop reasonable assumptions based on professional experience. FCS will use the BAAQMD’s screening criteria for carbon monoxide (CO) hotspots, which is anticipated to be sufficient to dismiss any potential impacts. However, in the event that potential CO hotspots are identified, FCS will use dispersion modeling to quantify impacts according to BAAQMD guidance under a revised scope of work and budget. FCS will analyze, at a programmatic level, the proposed land use development for potential exposure to stationary or mobile source toxic air contaminants for consistency with the guidance from the ARB’s Air Quality and Land Use Handbook. Odor impacts associated with nearby existing uses and the proposed project will be assessed qualitatively according to BAAQMD’s recommended methodology and other applicable parameters, such as acceptable screening trigger distances, wind direction, and odor complaint history. The results of the analyses described above will be compared with BAAQMD thresholds of significance when available or other applicable thresholds to determine significance. In the case that any significant impacts are identified in the analysis, FCS will recommend mitigation measures, which clearly identify timing, responsibility, and performance standards, to reduce impacts to a less-than-significant level. Best management practice emission reduction measures from BAAQMD, South San Francisco, or other sources will be included as appropriate. Lindenville Specific Plan and CEQA Analysis 10 Greenhouse Gas Assessment FCS will evaluate GHG emissions at a plan-level pursuant to guidance provided by BAAQMD. FCS will quantify the Specific Plan’s potential construction and operational GHG emissions using assumptions and methodologies consistent with those used in the Air Quality Assessment. Estimated GHG emissions will be evaluated against appropriate cumulative significance thresholds established in the BAAQMD CEQA Guidelines or other applicable thresholds (e.g., Bay Area Air Quality Management District’s construction related GHG threshold). BAAQMD quantitative thresholds of significance will be used to determine if the project’s generation of GHG emissions, based on its mass emissions or GHG efficiency (GHG emissions per service population where service population equals the sum of residents and employees), is considered a significant impact. Pursuant to the CEQA Guidelines Appendix G, FCS will also evaluate the proj ect in the context of consistency with applicable GHG reduction plans. The GHG emissions analysis and assumptions used for the modeling will be consistent with those used in the Air Quality analysis. The buildout year’s operational GHG emissions will also include State and federal actions that will reduce GHG emissions when possible. Potential statewide GHG emission reduction measures include renewable portfolio standard, ARB’s Low Emission Vehicle (LEV) program, Title 24 energy standards, and Advanced Clean Cars among others. FCS will use emission reduction data from ARB, BAAQMD, and/or EPA to avoid overestimating statewide reductions. In addition, when possible, FCS will identify potential emission reductions from land use and transportation policies and programs contained in the Specific Plan that could be implemented by the City. FCS would use the quantification methods recommended by the California Air Pollution Control Officers (CAPCOA) in its document quantifying Greenhouse Gas Mitigation Measures. Task 3.11: Evaluation of the Airport Land Use Compatibility Plan R+A will evaluate the preferred land use plan relative to the Airport Land Use Compatibility Plan (ALUCP) for San Francisco International Airport. R+A will summarize noise and height restrictions in the ALUCP, as well as other guidelines that may impact policy direction in the Specific Plan. This evaluation will identify potential actions the Specific Plan can incorporate to implement the preferred plan while still complying with the ALUCP. This evaluation will be delivered as a memorandum. Task 3.12: Evaluation of Community Assets and Analysis of Colma Creek SERA will prepare an analysis of the preferred land use and urban design plan in terms of its proposed impacts to, and enhancement of, Lindenville’s community assets. With equity as a defining lens, the team will evaluate the accessibility of existing / proposed assets to the full range of community members. SDE will review area of study from the civil infrastructure perspective. As part of this work, the team will coordinate with the study of Colma Creek currently underway. Task 3.13: LOS Analysis F&P will complete a level of service (LOS) analysis for up to five intersections in the planning area for the AM/PM peak periods for three scenarios (2018, 2040 General Plan, and Preferred Land Use Plan). F&P will work with the City to select the intersections. Analysis will be performed using Synchro and will look at intersections as isolated analysis units. Lindenville Specific Plan and CEQA Analysis 11 Task 3.14: Climate Adaptation Analysis Site-specific 3-D modeling, simulation and analysis is essential to understand a project site and surrounding context in a holistic fashion. SDE’s microclimate urban performance modeling method produces site-specific metrics using local meteorological data and 3-D modeled site conditions by simulating the complex interactions of building structure, material properties, atmosphere, soil and vegetation processes. SDE can optimize proposed designs through iterative modeling and quantify microclimate implications to elevate the decision process and human experience. The following services will be provided: 1. Model three existing street typologies representative of the Lindenville study area. Each typology approximately 300 ft wide by 1000 ft long in size. Parameters to include street width, vegetated cover and building density. 2. Apply various vegetation strategies to the streetscape environment within the public realm to evaluate how different approaches modify the environment to benefit human comfort and public health a. Testing a range (10-25%) of percent tree canopy coverage b. Testing a range (10-25%) of ground plane vegetative cover. 3. Evaluate the microclimate performance of these models under extreme weather conditions using locally obtained weather data sets 4. Incorporate wind fluvial patterns and the impact of vegetation in modifying those patterns 5. The modeling and simulation of various strategies across the three typologies will inform design guidelines that can be readily applied to the land use alternatives of the broader Lindenville study area. Task 4: Develop the Draft Specific Plan Task 4.1: Administrative Draft Specific Plan The R+A team will prepare an administrative draft General Plan based on the established vision, guiding principles, and policy frameworks. We anticipate General Plan will include an introduction, plan overview and process, and summary of engagement. The Specific Plan will include the following sections: Health, Equity, and Community Identity. R+A will prepare a section centering the people and employees of Lindenville – their health, access to equitable opportunity, and the identity of their neighborhood. This section will include policies to ensure people living and working in Lindenville can live healthy lifestyles and are engaged in equitable programming and City processes. It will also establish strategies to advance arts and culture in Lindenville and propel the creative economy. Resilience and Climate Adaptation. Building on the Sea Level Rise and Adaptation Study, SDE and FCS will develop strategies to make Lindenville a resilient community. This section will cover sea level and adaptation, climate change, air quality, and greenhouse emissions. Land Use and Housing. This section will present the proposed patterns of connectivity, mobility, the distribution and intensity of land uses, and the intended urban forms and patterns. It will contain the following content: Lindenville Specific Plan and CEQA Analysis 12 • Land use regulations: A regulating plan will present the distribution of place-based land use and urban form designations. It will cover transitions between uses and refine non-conformity regulations. • Housing policy: This includes the number and type of new units, density bonuses, level and amount of affordable housing affordable housing policy, and live/work opportunities. • Objective design standards and guidelines: Design guidelines will be provided in areas of change to help ensure compatibility with surrounding areas, high-quality development, and the creation of an attractive public realm. • Community benefits program: This section will include a community benefits program and summarize updates necessary to incorporate in the Zoning Code. Open Space: R+A and SERA will develop a future network of publicly accessible open spaces, including public parks (including mini-parks, linear parks, and neighborhood parks) and publicly accessible privately-owned open space, connected by new streets, greenways, and multi-use paths. Mobility/Connectivity. This section will include streetscape standards, complete streets guidance, and TDM and parking requirements and will be produced by F&P. Public Facilities and Infrastructure. R+A and SDE will develop a strategy for the provision of infrastructure to support plan buildout. R+A will cover strategies to address the need for expanded public facilities and services potentially including but not limited to, police, fire, schools, parks, libraries, and cultural facilities. SDE will provide narrative for the public services and civil infrastructure. Implementation. This section will focus on near- to mid-term strategies for moving particular projects or opportunities forward within Lindenville. SE will recommend funding and financing sources and strategies for constructing infrastructure necessary to support land uses and improvements identified in the plan. Task 4.2: Public Draft Specific Plan R+A, with assistance from team members scoped for Task 4.1, will prepare a public draft of the Specific Plan based on comments provided by staff’s review of the administrative draft. This will be the version that will be presented to the City Council and Planning Commission during the public hearing process. Task 4.3: Community Outreach Presentation R+A will prepare a presentation on the public draft Specific Plan for public and City committees for review and comment. The presentation will summarize key attributes of the Specific Plan including: Specific Plan background, process, and engagement to date; vision for Lindenville established in the General Plan; and a high-level overview of Specific Plan policies and priorities. Task 4.4: Final Draft Specific Plan R+A will prepare a public draft of the Specific Plan based on results from community engagement and comments from City staff. Task 4.5: Report and Presentation to Planning Commission and City Council Building on the presentation developed in Task 4.3 and the final draft Specific Plan prepared for Task 4.4, R+A will prepare a presentation to present to the Planning Commission and City Council. Lindenville Specific Plan and CEQA Analysis 13 Task 5: Environmental Review FCS will assist City staff in determining the appropriate level of environmental analysis required under CEQA, based on the scope and extent of change proposed in the Specific Plan. Presently, City staff has determined that the environmental analysis may involve an Addendum to the South San Francisco General Plan Environmental Impact Report (EIR). If the project does not qualify for an Addendum, FCS will prepare an Initial Study and Focused EIR. This scope is structured to provide an overview of the tasks needed to develop an Addendum. In the event that the Specific Plan does not qualify for an Addendum, an Optional Task has been included to provide an overview of the scope for an Initial Study and Focused EIR and allocate the additional funds needed as an Initial Study and Focused EIR constitutes a greater environmental review process than an Addendum. All tasks are structured to streamline environmental review and optimize the overall timeline for completion of the project. Task 5.1: Conduct Noise Analysis FCS will prepare a Noise Analysis to evaluate the potential construction and operational noise impacts on noise-sensitive land uses within the Specific Plan Planning Area. To perform this analysis, the following tasks are required. Document Baseline Conditions According to the State’s General Plan Guidelines, local governments must analyze and quantify noise levels and the extent of noise exposure through actual noise measurements or the use of noise modeling. To accomplish this task, this scope assumes that existing ambient noise levels throughout the Specific Plan Planning Area will be documented through traffic noise modeling and documentation of the latest airport noise contours within the Planning Area. FCS will model existing traffic noise contours for major roadways throughout the Planning Area. FCS will rely on the latest version of the Airport Land Use Plan for the San Francisco International Airport and the previously prepared Evaluation of the Airport Land Use Compatibility Plan to document existing airport noise land use compatibility conditions within the Planning Area. Construction Noise and Vibration Impact Analysis Construction associated with development that could occur with implementation of the Specific Plan would require the short-term operation of heavy equipment in the vicinity of sensitive receptor land uses. EPA recommended noise emission levels will be used for the construction equipment noise calculations. Noise analysis requirements and thresholds of significance will be based on the sensitivity of the Specific Plan Planning Area and the City’s noise ordinance specifications. FCS will also analyze, at a programmatic level, potential vibration impacts from construction activities associated with development that could occur with implementation of the Specific Plan. FCS will utilize the methodology and thresholds contained in the Transit Noise and Vibration Impact Assessment Manual (2018), prepared by the Federal Transit Administration, for determining potential construction-related ground borne vibration impacts. Conduct Operational Noise and Vibration Impact Analysis Development associated with implementation of the Specific Plan will result in increased traffic and potential new stationary noise sources. A quantitative assessment of noise impacts from projected vehicular traffic trips associated with buildout anticipated by the Specific Plan will be performed. Lindenville Specific Plan and CEQA Analysis 14 Projections of the future CNEL along selected roadway segments, based on the traffic study to be prepared for the Specific Plan, will be provided in a table format to show the distance/contour relationship. This scope assumes traffic noise modeling for up to 4 traffic scenarios analyzed in the traffic analysis. FCS will utilize the Federal Highway Administration (FHWA) traffic noise prediction model (FHWA RD 77-108) to calculate the existing and future (without project and with project) traffic noise contours. FCS will calculate the Specific Plan’s own contributions to future exterior traffic noise by comparing the existing and future without- and with-project traffic noise contours on the study area roadways and evaluating the results in comparison to the substantial noise increase impact criteria. New land use development that could occur with implementation of the Specific Plan will be evaluated in comparison to the City’s land use compatibility standards. Areas within the Specific Plan Planning Area that would be potentially exposed to ambient noise levels that would exceed “normally acceptable” thresholds for the type of land use will be evaluated at a programmatic level commensurate with the level of detail provided by the City. In particular, the analysis will identify any potential noise land use compatibility inconsistencies with the San Francisco International Airport noise contours. FCS will also analyze, at a programmatic level, potential vibration impacts associated with operational activities associated with development that could occur with implementation of the Specific Plan. Summarize Noise Reductions and Significance Findings Mitigation measures to reduce long-term operational noise and vibration impacts will be identified where appropriate. Both an evaluation of the mitigation measures and a discussion of their effectiveness will be provided. Task 5.2: Preparation of the Draft Addendum FCS will prepare an Administrative Draft Addendum to the South San Francisco General Plan EIR (General Plan EIR). The Administrative Draft Addendum will contain the required contents identified in Section 15164 of the CEQA Guidelines and other relevant sup porting sections such as a references section. Technical analyses will generally follow the topical scopes listed in task 5.2.2, Focused EIR, with a more succinct summary of information. Potential impacts that could result from buildout of the proposed Specific Plan will be analyzed under each issue area identified on the CEQA Appendix G Checklist and compared to the significance determination and mitigation measures determined in the General Plan EIR . The mitigating effects of proposed Draft Specific Plan goals, policies, and programs will be considered. For each significant environmental impact identified, a discussion of the General Plan EIR’s analysis and determination would be summarized and discussion of the project and any of feasible mitigation measures will be recommended. Mitigation measures will generally take the form of policies and standards that will be incorporated back into the Draft Specific Plan, where feasible. Task 5.3: Preparation of the Screencheck Draft Addendum FCS will address City staff comments on the Administrative Draft Addendum and will prepare the Screencheck Draft Addendum. To streamline and expedite preparation, we assume that City staff and the Specific Plan team will return a single set of consolidated, internally reconci led comments on the Administrative Draft Addendum in electronic format, using the track changes function in Microsoft Word or Adobe PDF. Lindenville Specific Plan and CEQA Analysis 15 Task 5.4: Preparation of the Final Addendum FCS will address comments from City staff on the Draft Addendum. This task assumes that City staff will return a single set of consolidated, internally reconciled comments on the Administrative Final EIR in electronic format, using the track changes function in Microsoft Word, that will allow FCS to complete the Final Addendum. This scope of work assumes that FCS will print and deliver 15 hard copies of the Final EIR to the City with appendices on CD. Notice of Determination FCS will prepare the draft Notice of Determination for the City to file the Notice of Determination with the County Clerk within 5 business days of the Addendum certification. The purpose of the Notice of Determination filing is to limit the legal challenge period to 30 days. If a Notice of Determination is not filed within 5 business days of certification, the legal challenge period is 180 days. The Notice of Determination filing also requires payment of a filing fee and CDFW fees, which FCS assumes will be paid by the City. Mitigation Monitoring and Reporting Plan Concurrent with the preparation of the Final Addendum, FCS will prepare a Mitigation Monitoring and Reporting Plan (MMRP) for the mitigation measures included in the South San Francisco General Plan EIR that apply to Specific Plan and capture any revisions made to the mitigation measures. The MMRP, shown in tabular form, will identify responsibility for implementing and monitoring each mitigation measure, along with monitoring triggers and reporting frequency. Task 5.5: Management In addition to the research, analysis, communications, and report writing, FCS will perform a variety of project management duties to ensure that the Addendum meets the City’s standards of quality, and that it is delivered on time and within budget. These duties will include team supervision and coordination, oral and written communications with City staff, project accounting, and quality assurance review by FCS’s Project Director and Technical Editor of all deliverable products. These services will also include ongoing support to City staff, such as providing input to staff reports, regular schedule updates, and discussions of technical issues. Task 5.6: Meetings FCS will attend public hearings for the Specific Plan and will also attend internal meetings during the preparation of the Addendum. This scope assumes up to two (2) public hearings and up to five (5) internal meetings during the preparation of the addendum. Task 6: Specific Plan Adoption and Implementation Task 6.1: Final Specific Plan, Technical Studies, and CEQA Document Based on final direction/comments from the community and the City Council/Planning Commission during the hearing process, R+A and team members will prepare a Final Specific Plan that reflects all of the changes approved by the City Council. The R+A team will prepare and transfer all relevant materials to the City. FCS will prepare the final CEQA document. Lindenville Specific Plan and CEQA Analysis 16 Task 6.2: Necessary Zoning and General Plan and Amendments City staff, working with the R+A team, will evaluate the General Plan and Zoning Code to determine if amendments will be necessary for consistency with the Specific Plan. If amendments are necessary, the R+A team will draft proposed amendments. As part of this task, R+A will prepare a list of properties and associated maps showing parcels that need rezoning. Task 6.3: Planning Commission and City Council Staff Report and Presentation R+A and FCS team will attend up to two hearings with both the Planning Commission and City Council to review the draft General Plan and the final CEQA document. At the conclusion of the hearings, the City Council will determine whether to certify the final CEQA document and adopt the Specific Plan. Lindenville Specific Plan and CEQA Analysis 17 Meeting Matrix Task #: Meeting Type Raimi + Associates Plan to Place First Carbon Solutions Strategic Economics Fehr & Peers SERA Sherwood Design Engineers 1.1: Kick-off meeting (1) 1 1 1 1 1 1 1 1.5: Stakeholder/Focus Group Meetings (16) 12 12 4 4 1.6: Technical Working Group (TWG) Meetings (6) 6 6 1 1 1 1 1 1.7: Pop-Up Meetings (4) 4 1.8: Community Workshops (4) 4 4 2 2 2.4 Land Use Alternatives Presentation to Planning Commission and City Council 2 1 1 1 1 4.5 Report and Presentation to Planning Commission and City Council 2 1 1 1 6.3 Planning Commission and City Council Staff Report and Presentation 2 2 1 1 Lindenville Specific Plan and CEQA Analysis 18 Scope Assumptions The following is a list of assumptions for the Lindenville Specific Plan. • The level of effort for each task is limited to the general number of hours for each task listed in the budget spreadsheet. R+A team members may reallocate hours between tasks if individual tasks are completed in less time than anticipated. • All data and information provided by the City will be assumed to be correct and up-to-date. The consultant team is not responsible for out-of-date or inaccurate information. • All studies that the team will prepare are identified in the scope of work. Any studies, tasks, deliverables or reports not specifically identified are assumed to be not included. • City review time for workshop materials and meeting materials will be approximately one week. City review of major products will be between two and four weeks, depending on the product and other responsible of City staff. All comments will be provided as a single set of non-conflicting and actionable comments. • City comments on all deliverables will be provided in one consolidated set of comments and will not require new analysis or technical studies. • The City shall provide data in GIS format, including but not limited to existing land use, existing general plan land use designation, existing zoning districts, county assessor information, number of units per parcel, non-residential square footage per parcel, street centerlines, parks, public facilities, transit routes, pipeline development projects, infrastructure trunk lines and other existing built environment information that may be necessary during the Specific Plan process. Additional data layers will be identified during Task 1.2. • City staff will serve as partners to the consultant team in the update process and will be responsible for, at minimum, the following activities: o Writing staff reports o Logistics of all meetings o Costs of meeting facilities and supplemental costs of meetings and workshops, including but not limited to, food, childcare, high-cost supplies, and printing workshop materials. o Printing copies of documents (the team will provide electronic versions and City staff will be responsible for printing) including boards for public workshops, documents and reports beyond the scoped amount. o Assisting with outreach to inform the community about Specific Plan events. This includes public notices, notices in newspapers, distributing meeting notices in public buildings, mailings, etc. o Timely response to consultant team questions. Lindenville Specific Plan and CEQA Analysis 19 Deliverables Task 1: Background Report and Community Outreach Plan • Kick-off meeting summary notes • Draft and final existing condition reports • Draft and final SWOT analysis • Draft community outreach plan • Branding concepts • Fact Sheet • Project website • Draft and final TWG meeting materials (x6) • Stakeholder interview memorandum • Materials for pop-up meetings (x4) • Materials for and summary of community workshops (x5) • Online surveys (x4) and summaries Task 2: Land Use Alternatives and Summary Report • Draft and final land use alternatives memorandum • Draft and final fiscal impacts memo • Draft and final market and implementation assessment of land use alternatives • Land use alternatives presentation to public and committees • Summary of community outreach • Land use alternatives presentation to Planning Commission and City Council • Summary of Planning Commission and City Council feedback • Draft preferred land use and urban design plan Task 3: Technical Analysis of Preferred Land Use Plan • Draft water supply assessment • Draft Utility Master Plan update • Draft bike and pedestrian circulation/complete streets plan • Draft traffic impact analysis • Draft parking demand analysis and TDM • Market analysis for housing and affordable housing strategy • Equity, health, and environmental justice analysis • Fiscal impact analysis • Economic impact analysis • Sea level rise and adaptation study • Air quality and greenhouse gas assessment • Evaluation of the Airport Land Use Compatibility Plan • Evaluation of community assets and analysis of Colma Creek • LOS Analysis • Climate adaptation analysis Task 4: Develop the Draft Specific Plan • Administrative draft Specific Plan • Public draft Specific Plan • Community outreach presentation • Final draft Specific Plan • Report and presentation to Planning Commission and City Council Task 5: Environmental Review • Noise analysis • Administrative Draft Addendum • Screencheck Draft Addendum • Final Addendum • Draft Notice of Determination • Mitigation Monitoring and Reporting Plan Task 6: Specific Plan Adoption and Implementation • Final Specific Plan, technical studies, and CEQA document • General Plan and Zoning amendments (if necessary) • Planning Commission and City Council staff report and presentation Lindenville Specific Plan and CEQA Analysis 20 Optional Tasks Optional Task: Water Supply Assessment Upon request, SDE will develop a water supply assessment for Lindenville. Optional Task: Focused EIR If the Specific Plan cannot be evaluated using an Addendum to the South San Francisco General Plan EIR, FCS will perform the following additional tasks to prepare a Focused EIR. Subtask: Notice of Preparation and Scoping Notice of Preparation FCS will prepare the Notice of Preparation (NOP) for the South San Francisco General Plan EIR and will assist City staff with the development and refinement of the NOP distribution list to ensure that the appropriate agencies and interested/affected parties are notified. The appropriate agencies will include Responsible Agencies such as Caltrans, Trustee Agencies such as California Department of Fish and Wildlife (CDFW), California Department of Water Resources, and others. An electronic draft of the NOP will be submitted to City staff for review. Once the staff approves the release of the NOP, FCS will file 15 paper copies of the NOP with the State Clearinghouse and will provide a reproducible master copy and an electronic copy to the City staff. FCS will also prepar e the public notice for the NOP and submit it to City staff for publication in the local newspaper and posting on the City’s website. Additionally, given the extent of urban development and prior planning efforts within the Specific Plan Planning Area as well as the absence of woodland or forest land in or immediately adjacent to the City limit, FCS assumes that the following issue areas can be scoped out of the CEQA document (similar to the General Plan EIR): Agriculture and Forestry Resources and Mineral Resources. As such, a brief explanation as to why the proposed Draft Specific Plan would not result in impacts to these issue areas will be included in the Draft EIR; however, these issue areas are not discussed further below. Scoping Meeting FCS, in consultation with the City and project team, will conduct a scoping meeting with public agencies and members of the community to gather input on issues that should be addressed and alternatives that should be considered in the Specific Plan EIR. FCS will provide the content for the scoping meeting notice, and we assume that City staff will send out the meeting notices (i.e., to the public, agencies, organizations, and newspaper), and reserve conference room(s). FCS will also prepare meeting agendas and presentat ion materials. Comment cards will be available at the meetings so that individuals can provide comments on the issues and alternatives that should be addressed in the EIR. The City may elect to hold the meeting as part of a regularly scheduled Planning Commission or City Council meeting or to include the scoping meeting on the agenda at a community meeting related to the Specific Plan, as best suits the needs of the project. Lindenville Specific Plan and CEQA Analysis 21 Summary of Scoping Comments FCS will prepare a matrix of all comments received at t he scoping meeting and in response to the NOP, together with recommendations on how to address the comments in the EIR. The matrix will be submitted to City staff for review and upon approval will be used as a reference in preparing the Draft EIR. Additionally, the matrix will be included in an appendix to the Draft EIR with notation as to how the scoping comments have been addressed in the Draft EIR. Deliverables: • Electronic copy of the NOP Microsoft Word and PDF formats • Electronic copy of the Scoping Meeting Comments in Excel format Subtask: Preparation of the Administrative Draft Focused EIR The Focused EIR will be prepared in accordance with the applicable requirements contained in CEQA Guidelines Sections 15120 through 15132 and will contain analyses supported by graphics and tables. Potential impacts that could result from buildout of the proposed Specific Plan will be analyzed under each issue area identified on the CEQA Appendix G Checklist. The mitigating effects of proposed Draft Specific Plan goals, policies, and programs will be considered. For each significant environmental impact identified, a set of feasible mitigation measures will be recommended. Mitigation measures will generally take the form of policies and standards that can be incorporated back into the Draft Specific Plan, where feasible. Aesthetic and Visual Resources South San Francisco is bordered by San Bruno Mountain State to the north and the San Francisco Bay to the east. There are no designated scenic highways w ithin Lindenville sub-area; however, within the City limits, State Route 35 and Interstate 280 are eligible scenic highways. Building on work conducted on the General Plan EIR, FCS will analyze potential impacts to aesthetic and visual resources that could result from implementation of the Specific Plan, including views of open space, hills and ridgelines, trees, and other natural features. Potential impacts to scenic highways, local visual character and light and glare will also be analyzed, as required under CEQA. The mitigating effects of the Draft Specific Plan goals, policies, and programs will be considered, and if necessary, mitigation measures will be recommended. Air Quality FCS will utilize the previously prepared Air Quality and GHG Emissions Assessment to evaluate air quality impacts associated with implementation of the Specific Plan. The analysis will be performed consistent with the guidance and methodologies from BAAQMD and its CEQA Air Quality Guidelines, which provide specific guidance for evaluating plan-level air quality impacts. The impact analysis will be contained in the Administrative Draft Initial Study and Focused EIR and the supporting technical data will be provided in an appendix. By conducting the Draft Existing Conditions and SWOT Analysis to inform policy development for the Specific Plan, it is anticipated that the need for mitigation measures in the Administrative Draft Initial Study and Focused EIR will be reduced. Nevertheless, if any air quality impacts are identified as par t Lindenville Specific Plan and CEQA Analysis 22 of the analysis, FCS will provide plan-level mitigation measures to reduce any future air quality impacts to a less than significant level. Biological Resources FCS biologists will analyze potential impacts to biological resources in the Planning Area. P articular consideration will be given to wildlife species and habitat along the Planning Area’s urban edges and riparian corridors as well as to the cumulative effects of growth on sensitive species through habitat fragmentation. Prior environmental studies for the City of South San Francisco and the surrounding area, including the San Bruno Mountain Preserve, will be carefully considered and mitigation measures will be recommended to address any significant impacts identified. FCS biologists will collect available existing data to assess the quality and quantity of sensitive habitats/vegetation communities and will provide a constraints-level analysis with descriptions of the existing biological resources and limited habitat mapping. FCS will provide plan-level mitigation measures to reduce any impacts to a less than significant level. Cultural Resources South San Francisco contains a number of significant historical resources, including historic period buildings, historic archaeological sites, and historic ranching sites. Building on previous studies, including the work FCS performed for the General Plan EIR and the Historic Resources Survey being prepared by Daly & Associates, FCS will conduct an analysis of potential impacts to cultural and historic resources in the Specific Plan Planning Area, considering the mitigating effects of existing regulations and proposed policies and programs from the Draft Specific Plan. At this stage, a programmatic level assessment will be conducted, consisting of research and coordination with California Historic Resource Information System (CHRIS), the Native American Heritage Commission (NAHC) and local historical societies. Individual assessments of potential historic properties of districts will not be provided at this tim e. Programmatic mitigation measures will be recommended for any significant impacts identified. Energy FCS will utilize the Air Quality and GHG Emissions Assessment to evaluate energy impacts associated with implementation of the Specific Plan. FCS will evaluate energy use at a plan-level. The impact analysis will be contained in the Focused EIR and the supporting technical data will be provided in an appendix. By conducting a Draft Existing Conditions and SWOT Analysis to inform policy development for the Specific Plan, it is anticipated that the need for mitigation measures in the EIR will be reduced. Nevertheless, if any energy impacts are identified as part of the analysis, FCS will provide plan-level mitigation measures to reduce any future energy impacts to a less than significant level. Geology, Soils, and Seismicity The Lindenville sub-area is vulnerable to liquefaction and seismic activity due to several active faults in the region, including the San Andreas Fault, San Gregorio Fault, Hayward Fault, and Calaveras Fault. Building on work performed for the General Plan EIR, FCS will evaluate potentially significant geological impacts Lindenville Specific Plan and CEQA Analysis 23 that could result from implementation of the Specific Plan with reference to existing documentation available from federal, State, and local sources. Development on opportunity sites identified in the Specific Plan could be at risk of structural damage from seismic -related ground shaking and secondary events, such as liquefaction and ground settlement. As needed, recommended mitigation measures would focus on strengthening proposed Specific Plan policies and programs to reduce associated risks to a less than significant level. Greenhouse Gas Emissions FCS will utilize the Air Quality and GHG Emissions Assessment to evaluate GHG impacts associated with implementation of the Specific Plan. FCS will evaluate GHG emissions at a plan-level pursuant to guidance provided by BAAQMD. The analysis will be performed consistent with the guidance and methodologies from BAAQMD, which provide specific guidance for evaluating plan-level GHG impacts. The impact analysis will be contained in the Focused EIR and the supporting technical data will be provided in an appendix. By conducting a Draft Existing Conditions and SWOT Analysis to inform policy development for the Specific Plan, it is anticipated that the need for mitigation measures in the Focused EIR will be reduced. Nevertheless, if any GHG impacts are identified as part of the analysis, FCS will provide plan-level mitigation measures to reduce any future GHG impacts to a less than significant level. Hazards and Hazardous Materials The Lindenville sub-area is within the Inner Approach/Departure Zone, Inner Turning Zone, and the Outer Approach/Departure Zone SFO ALUCP Safety Compatibility Zones. Additionally, there is one Active DTSC Cleanup Site (Union Pacific Property) within the Specific Plan area. Building on work conducted for the General Plan EIR, FCS will analyze hazards and hazardous materials issues, drawing on the Draft Existing Conditions Report and SWOT Analysis to streamline the Focused EIR preparation and identifying potential impacts from hazardous materials use and storage associated with buildout of the Specific Plan. The analysis will draw on available data to identify the presence of underground storage tanks and sites with residual environmental contamination to determine whether hazardous materials pose risk to the public or schools. Applicable federal, State, and local regulations and code requirements that offset potential impacts will be cited. Mitigation measures will be recommended as needed to address significant impacts. Hydrology and Water Quality The Lindenville sub-area is proximate to the San Francisco Bay and contains some areas located within the 100-year flood zone; therefore, the area is susceptible to flooding and sea level rise. Building on work performed for the General Plan EIR, FCS will evaluate potential impacts related to flooding, hydrology and water quality, including stormwater quality, which could result from the Specific Plan implementation. Portions of the City are located within 100-year flood hazard areas and natural flooding may also occur when creeks, streams, and drainage channels overflow or back up during heavy rainfall. Mitigation measures will be recommended, if necessary, to supplement proposed policies and programs and reduce any impacts identified to a less than significant level. Lindenville Specific Plan and CEQA Analysis 24 Land Use and Planning FCS is aware that the Lindenville Specific Plan will include maximum density development, largely in keeping with the Proposed Land Use Plan for the General Plan EIR. FCS will evaluate potential impacts associated with changes to land use designations and policies proposed under the Specific Plan. The evaluation will address all CEQA Appendix G Checklist criteria and include a comprehensive analysis of land use compatibility issues associated with buildout of the Specific Plan. Mitigation measures will be recommended as needed to address significant impacts. Noise FCS will utilize the Noise Analysis to evaluate the potential construction and operational noise impacts on noise-sensitive land uses within the Specific Plan Planning Area. This analysis will be wholly contained in the Focused EIR and the supporting technical data will be appended to the docum ent. Population and Housing As discussed above, the Lindenville Specific Plan will include maximum density development, largely in keeping with the Proposed Land Use Plan for the General Plan EIR. FCS will analyze potential impacts to population and housing that could result from the buildout of the Specific Plan. With reference to regional planning projections, we will evaluate whether the Specific Plan would induce substantial growth above current projections analyzed in the General Plan EIR. Additionally, the potential for displacement of people and housing units will be considered. Mitigation measures will be recommended to address any significant impacts identified, if warranted. Public Services FCS will analyze potential impacts associated with increased demand for police, fire, public schools, parks, and libraries that could result from buildout of the Specific Plan. Service providers will be consulted to identify the need for new or expanded facilities. Mitigation measures will be recommended to address any significant impacts identified, if warranted. Recreation South San Francisco contains a number of parks and open space areas and proposes to build additional parks and trails from implementation of the General Plan Update. Within the Lindenville s ub-area, the General Plan Update identifies a potential new linear trail extending from Colma Creek to South Maple Avenue, connecting to the Centennial Way Trail. FCS will analyze potential impacts associated with increased demand for parks that could result from buildout of the Specific Plan. This analysis will depend on the population estimates to identify the need for new or expanded facilities. Mitigation measures will be recommended to address any significant impacts identified, if warranted. Lindenville Specific Plan and CEQA Analysis 25 Transportation FCS will prepare the Transportation section of the Focused EIR based on the Traffic Impact Analysis report prepared by Fehr & Peers. The Traffic Impact Analysis will evaluate operation of the local transportation network under existing conditions, future No Project conditions and proposed Specific Plan conditions, recommending mitigation measures as appropriate. All CEQA Appendix G Checklist criteria will be addressed. Mitigation measures will be recommended to address any significant impacts identified, if warranted. Tribal Cultural Resources South San Francisco contains a number of significant cultural resources, including tribal cultural resources. There are known Native American cultural resources within the City and the surrounding area and a high potential for as yet undiscovered resources, especially in proximity to the San Francisco Bay. Building on previous studies, FCS will conduct an analysis of potential impacts to tribal resources in the Specific Plan Planning Area, considering the mitigating effects of existing regulations and proposed policies and programs from the Draft Specific Plan. FCS will be available to assist in the tribal consultation process as required by AB 52. At this stage, a programmatic level assessment will be conducted, consisting of research and coordination with CHRIS, the NAHC, and local historical societies. Programmatic m itigation measures will be recommended for any significant impacts identified. Utilities and Service Systems Based on information provided by the City Staff, FCS will evaluate the potential impacts on utilities and service systems that could result from implementing the Specific Plan, including potential impacts to water, wastewater and stormwater infrastructure as well as solid waste facilities. The evaluation will identify areas that could exceed current capacity levels with implementation of the proposed Specific Plan, and mitigation measures will be recommended, if warranted. Wildfire FCS will analyze potential impacts associated with wildfire hazards that could result from buildout of the Specific Plan. The analysis will refer to the latest available risk assessment information and mitigation strategies. Applicable federal, State, and local regulations and code requirements that offset potential impacts will be cited. Mitigation measures will be recommended as needed to address significant impacts. Alternatives Evaluation FCS will prepare an Alternatives section for the Administrative Draft Initial Study and Focused EIR that will evaluate alternatives as required by CEQA Guidelines Section 15126.6. Including the CEQA -mandated No Project Alternative, up to three alternatives developed in consultation with City staff and the Specific Plan team will be analyzed qualitatively, based on descriptions of each alternative including associated projections of population, housing units, and jobs. In the Administrative Draft Initial Study and Focused EIR, a matrix will be provided comparing each alternative’s impacts on the various issue areas with the Lindenville Specific Plan and CEQA Analysis 26 Specific Plan, and the environmentally superior alternative will be identified. The Alternatives section will also include a description of alternatives, if any, that were initially considered but determined to be infeasible and not carried forward. Evaluate Significant Irreversible, Growth-inducing, and Cumulative Impacts Pursuant to CEQA Guidelines Section 15126(g), FCS will discuss any potential growth -inducing impacts and significant irreversible effects of the proposed Specific Plan. Additionally, cumulative impacts that could result from Specific Plan implementation in combination with other past, present and reasonably foreseeable projects will also be analyzed. Deliverable: • Electronic copies of the Administrative Draft Focused EIR in Microsoft Word and PDF formats Subtask: Second Administrative Draft Focused EIR FCS will address City comments on the Administrative Draft EIR and will prepare a Second Administrative Draft EIR. This task assumes that City staff will return a single set of consolidated, internally reconciled comments on the Administrative Draft EIR in electronic format, using the track changes function in Microsoft Word. FCS will submit the Second Administrative Draft EIR in electronic format for City review. Deliverable: • Electronic copies of the Second Administrative Draft Focused EIR in Microsoft Word and PDF formats Subtask: Screencheck Draft Focused EIR FCS will address City comments on the Administrative Draft EIR and will prepare a Screencheck Draft EIR. To streamline and expedite preparation, we assume that City staff and the General Plan team will return a single set of consolidated, internally reconciled comments on the Administrative Draft EIR in electronic format, using the track changes function in Microsoft Word. FCS will submit the Screencheck Draft EIR in electronic format for City review. Deliverable: • Electronic copies of the Screencheck Draft Focused EIR in Microsoft Word and PDF formats Subtask: Draft Focused EIR We assume that comments on the Screencheck Draft EIR will focus on formatting and editing, not content changes. FCS will prepare the Public Review Draft EIR and print hard copies, with appendices on CD. F CS will also prepare a Notice of Completion form for City review and signature. FCS will deliver 15 hard copies of the Executive Summary, 15 CDS containing the complete Draft EIR, and the signed NOC form to the State Clearinghouse. FCS will also deliver hard copies of the Draft EIR, with appendices on CD, to City Lindenville Specific Plan and CEQA Analysis 27 staff. We assume that the City will be responsible to noticing and distribution to local agencies and the public as required under State law. If the City elects to hold a public hearing during the CEQA-mandated 45-day public review period, FCS’s project manager will attend that hearing to present the EIR findings, answer questions, and note comments received at the hearing. Deliverable: • Electronic copies of the Draft Focused EIR in Microsoft Word and PDF formats Subtask: Final Focused EIR Following the close of the public review period for the Draft EIR, FCS will prepare an Administrative Final EIR including the responses to comments on the Draft EIR as well as a Mitigation Monitoring and Reporting Plan (MMRP). Responses to Comments FCS will compile a complete set of all comments received on the Draft Focused EIR and prepare responses to substantive comments on the adequacy of the environmental analysis, with assistance from Fehr & Peers. This scope of work assumes up to 90 hours for preparing the Response to Comments by FCS staff. If additional work is necessary due to an unforeseen volume or complexity of comments, a contract amendment authorizing the additional work will be necessary. Administrative Final Focused EIR, Response to Comments and MMRP FCS will prepare an Administrative Final EIR, including Response to Comments received on the Draft EIR and a MMRP. The Administrative Final EIR will contain verbatim comments received, the responses to comments, and changes to the Draft EIR necessitated by the responses. To save time and space, this information will be presented in tabular format providing information in a way that makes for a more publicly accessible document and reduces printing costs. Concurrent with the preparation of the Administrative Final EIR, FCS will prepare a Draft Mitigation Monitoring and Reporting Plan (MMRP) for the mitigation measures included in the EIR. The MMRP, shown in tabular form, will identify responsibility for implementing and monitoring each mitigation measure, along with monitoring triggers and reporting frequency. FCS will provide the City with an electronic version of the Administrative Final EIR, Response to Comments, and MMRP. Final Focused EIR FCS will address comments from City staff on the Administrative Final EIR, Response to Comments, and MMRP to include in the Final EIR. This task assumes that City staff will return a single set of consolidated, internally reconciled comments on the Administrative Final EIR in electronic format, using the track changes function in Microsoft Word, that will allow FCS to complete the Final EIR. This scope of work assumes that FCS will print and deliver 15 hard copies of the Final EIR to the City with appendices on CD. Lindenville Specific Plan and CEQA Analysis 28 Notice of Determination FCS will prepare the draft Notice of Determination for the City to file the Notice of Determination with the County Clerk within 5 business days of EIR certification. The purpose of the Notice of Determination filing is to limit the legal challenge period to 30 days. If a Notice of Determination is not filed within 5 business days of certification, the legal challenge period is 180 days. The Notice of Determination filing also requires payment of a filing fee and CDFW fees, which FCS assumes will be paid by the City. FCS will provide the Draft Notice of Determination to City staff in Microsoft Word format. Findings, Resolutions, and Statement of Overriding Considerations As an optional task, if desired, FCS’s in-house CEQA attorney can prepare findings and resolutions for certification of the Final EIR as well as a Statement of Overriding Considerations for any significant and unavoidable impacts in the EIR, if necessary. The Findings of Fact will summarize significant impacts, present mitigation measures required to reduce impacts to less-than significant levels, identify the environmentally superior alternative and permit adoption of the MMRP. FCS will submit draft electronic copies of the findings, resolutions, and Statement of Overriding Considerations, and will revise and finalize these documents based on City direction. Deliverables: • Electronic copy of the Administrative Final Focused EIR in Microsoft Word and PDF formats • Electronic copy of the Final Focused EIR in Microsoft Word and PDFs format • Electronic copy of the Mitigation Monitoring and Reporting Plan • Electronic copy of the Draft Notice of Determination in Microsoft Word format. Subtask: Management In addition to the research, analysis, communications, and report writing, FCS will perform a variety of project management duties to ensure that the EIR meets the City’s standards of quality, and that it is delivered on time and within budget. These duties will include team supervision and coordination, oral and written communications with City staff, project accounting, and quality assurance review by FCS’s Project Director and Technical Editor of all deliverable products. These services will also include ongoing support to City staff, such as providing input to staff reports, regular schedule updates, and discussions of technical issues. Subtask: Meetings FCS will attend public hearings for the Specific Plan and will also attend internal meetings during the preparation of the EIR. This SOW assumes that FCS’s Project Director or Project Manager will attend the following meetings: Coordination Meetings: • Ten 2-hour meetings with City staff conducted during the preparation of the EIR. It is assumed these meetings can be completed via conference call. Lindenville Specific Plan and CEQA Analysis 29 Public Comment Meetings (during public review of the Draft Focused EIR): • Planning Commission – one, 4-hour meeting • City Council – one, 4-hour meeting Final EIR and Project Entitlements: • Planning Commission – one, 4-hour meeting • City Council – one, 4-hour meeting The cost for the Public Scoping Meeting is included in Notice of Preparation Task. As noted, the meetings would consist of a combination of coordination meetings with staff and public hea rings. A not-to-exceed budget has been established to cover attendance at the meetings. If the City requests additional meeting attendance by FCS staff, or if the amount of time involved in these meetings exceeds the initial budget allocation, FCS will notify City staff of the additional costs and obtain authorization for the extra meeting time. EXHIBIT B COMPENSATION SCHEDULE Raimi + Associates Team Fee Proposal SummaryLabor Cost Per TaskTasksTask 1: Background Report and Community Outreach Plan390,951$ Task 2: Land Use Alternatives and Urban Design184,213$ Task 3: Technical Analysis of Preferred Land Use Plan211,165$ Task 4: Develop the Draft Specific Plan223,144$ Task 5: Environmental Review72,585$ Task 6: Specific Plan Adoption and Implementation49,225$ Task 7: Project Management‐$ Expenses (Summarized) 146,716$ Grand Total $1,277,999 10% Contingency128,000$ Final$1,405,999 EXHIBIT B SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND GOOD CITY COMPANY THIS SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of April 27, 2022 by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and Good City Company (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On October 19, 2018, City and Contractor (formerly Neal Martin & Associates) entered into a certain Consulting Services Agreement (“Agreement”) whereby Contractor agreed to provide professional project management consulting for the City. B. On March 27, 2019, the City Council amended the Agreement to increase the contract authorization to an amount not to exceed $551,000. C. City and Contractor now desire to further 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. The March 31, 2022 end date for the term of services identified in Section 1 of the Agreement is hereby replaced with December 31, 2023 and the description of services and billing rates is revised as described in Exhibit A and Exhibit B. Contractor agrees this is 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. 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 GOOD CITY COMPANY By: By: City Manager Lisa Costa Sanders, President Approved as to Form: By: City Attorney EXHIBIT A SCOPE OF WORK Good City Company will provide the services of Lisa Costa Sanders, Principal to act as Project Administrator for the South San Francisco General Plan Update, Zoning Code Update, Environmental Impact Report process and the Lindenville Specific Plan process. Ms. Costa Sanders will serve under the direction of the Community Development Director. Services include the following: • Provide coordination between the General Plan and Specific Plan consultant teams and City staff, including attendance at weekly conference calls, coordinate meetings with City department staff and review of draft materials. • Provide assistance at public outreach meetings and respond to public inquiries and requests for information. • Administer the General Plan and Specific Plan consultant contracts. • Preparation of staff reports and present to advisory Committees, the Planning Commission and City Council and at other public venues as needed. • Prepare updates to the Planning Commission and City Council as needed. • Review all draft materials and consultant work products. • Management of the grants including communication /updates to grant administrators, submission of draft deliverables, submission of reporting requirements and appropriate documentation and submission of requests for grant funding. EXHIBIT B BILLING RATES Principal $235/hour Principal Planner $195/hour Senior Planner $160/hour Associate Planner $130/hour Assistant Planner $105/hour Planning Technician $85/hour Administrative Assistant $70/hour Mileage Current IRS rate Expenses Direct billing + 10% oversight fee Rates subject to adjustment January 1st of each year (typically 3-5% increase) City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-273 Agenda Date:4/27/2022 Version:1 Item #:10. Report regarding a resolution awarding a contract in the amount of $495,000 to the Davey Tree Expert Company of Livermore,California and authorizing a project budget of $569,250 for the removal of hazardous trees and continued reduction of potential fuel load on Sign Hill in response to the 2020 Sign Hill Diamond Fire.(Joshua Richardson, Parks Division Manager) RECOMMENDATION It is recommended that the City Council adopt a resolution awarding a contract in the amount of $495,000 to the Davey Tree Expert Company of Livermore,California and authorizing a project budget of $569,250 for the removal of hazardous trees and continued reduction of fuel load on Sign Hill. Background 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 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 because of the Diamond Fire,and authorized emergency repairs.The Davey Tree City of South San Francisco Printed on 4/28/2022Page 1 of 3 powered by Legistar™ File #:22-273 Agenda Date:4/27/2022 Version:1 Item #:10. the existence of an emergency because of the Diamond Fire,and authorized emergency repairs.The Davey Tree Expert Company was contracted to coordinate tree work and fuel reduction in an emergency capacity.These repairs largely included 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 had 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. The Davey Tree Expert Company began their work removing hazardous trees on December 3,2020,focusing on the area near the Ridge Trail known as Seubert Grove.Subsequent phases of work were focused on clearing the Iris Trail and Letters Trail of any hazardous trees as well as creating a defensible space behind homes that border City owned land on Sign Hill.In each of these areas,the removed trees were mostly chipped on site to help with slope stabilization or chip was 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. All work was in accordance with CalFire forestry guidance. The emergency declaration was ended on November 4, 2021, after all immediate hazards had been mitigated near properties or trails on Sign Hill. Though the emergency declaration was concluded, there is still much work to be done to continue creating defensible space and reduce fuel load on Sign Hill. On March 16,2022,a request for proposals was issued by staff for the Sign Hill Fire Mitigation and Restoration Project.The scope of work includes tree maintenance within the previously established fire break behind homes on Rocca Avenue as well as specific areas of removal in the burn scar from the 2020 Diamond Fire.In addition to these areas,most of the work will be focused on a large eucalyptus grove adjacent to Viewmont Terrace,Carnelian Road,and Mountain Road.This grove will see the creation of a 100-foot defensible space around the perimeter and canopy density reduction in accordance with CalFire standards.The scope of work and designated areas of work are shown in Attachments 1 and 2, respectively. On March 23,2022,a mandatory pre-bid meeting was conducted to discuss the scope of work.In total six prospective bidders attended.Proposals were due on April 6,2022.Ultimately,only two vendors submitted proposals: The Davey Tree Expert Company and Arborwell, Inc. The bid amounts submitted are as follows. Bidder Amount Arborwell, Inc.$749,000.00 The Davey Tree Expert Company $495,000.00 The Davey Tree Expert Company is the lowest responsible bidder for the defined scope of work and staff are confident that they have the expertise and equipment to successfully complete the project.This work will be occurring during bird nesting season and the City will direct tree work based on bird nesting surveys conducted by a third-party contractor specialized in biological surveying. FISCAL IMPACT The total cost of this project is $495,000 with an additional 15-percent contingency totaling $74,250 for a total project budget of $569,250. 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 City of South San Francisco Printed on 4/28/2022Page 2 of 3 powered by Legistar™ File #:22-273 Agenda Date:4/27/2022 Version:1 Item #:10. 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 Staff recommends that the City Council adopt a resolution awarding a contract in the amount of $495,000 to the Davey Tree Expert Company of Livermore,California and authorizing a total project budget of $569,250 for the removal of hazardous trees and continued reduction of potential fuel load on Sign Hill in response to the 2020 Sign Hill Diamond Fire and authorize the City Manager to enter into a project agreement with the Davey Tree Expert Company of Livermore, California. City of South San Francisco Printed on 4/28/2022Page 3 of 3 powered by Legistar™ Scope of Work General Guidance This request for proposals is for fuel load reduction across the entirety of the City-owned parcels of Sign Hill as well as the creation and maintenance of a 100’ fire break, as measured from the nearest structure, adjacent to the homes that border Sign Hill. The areas of work are shown in the attached Exhibit 2 designated by colors of red, blue, and yellow for different scopes of work. All work shall comply with CalFire standards and is defined by the boundaries of the public parcels as shown on Exhibit 1. All leaf litter, branches and small wood resulting from tree removals shall be removed or chipped and spread on-site. Any wood 15” or greater in diameter can remain on-site, positioned perpendicular to slope, and partially buried to prevent future potential rolling. In work near trail areas, appropriate sized (8” or greater) logs shall be saved and moved to trail edges to delineate paths of travel as much as possible, with guidance and approval provided by the Parks Division. Sign Hill has access in three areas as designated on Exhibit 2. Poplar entrance is the easiest point of entrance for large equipment, but it must be raised above a cinderblock wall. Tank tread chippers are recommended and slopes vary greatly in these areas. Thorough site walks are strongly encouraged prior to bidding this project as accessibility is a significant barrier. Tree work is anticipated to continue until the rainy season (November) begins and the hill is no longer workable without causing erosion damage from heavy equipment operation. This tree work will be performed during bird nesting season and work will adhere to guidance provided by surveying biologists hired by the City. The tree species that can be found on the hill are: • Acacia melanoxylon (Blackwood Acacia) • Acacia dealbata (Silver Wattle Acacia) • Acer macrophyllum (Big Leaf Maple) • Aesculus californica (California Buckeye) • Eucalyptus globulus (Blue Gum Eucalyptus) • Hesperocyparis macrocarpa (Monterey Cypress) • Pinus radiata (Monterey Pine) • Quercus agrifolia (Coast Live Oak) • Quercus wislizeni (Interior Live Oak) • Quercus chrysolepis (Canyon Live Oak) • Sequoia sempervirens (Coastal Redwood) Red Highlighted Areas In areas highlighted in red as shown on Exhibit 2, trees shall be removed and stumps cut within 1”-2” of existing grade. All Eucalyptus and Acacia species shall have cut stumps treated with a systemic herbicide designed to be applied with “cut-stump” treatments. This herbicide shall be proposed by the contractor and approved by the Parks Division. Native trees of the species Acer and Quercus shall be retained in these areas with limbs lower than 8’ removed to prevent a fuel ladder from spreading into the canopy in the event of a fire. Aesculus trees shall be retained and remain in their natural form with any shrub adjacent shrub growth removed. Shrubs shall be removed in accordance to Exhibit 3 in these areas when adjacent to, and within 100’ of the nearest structure. Shrubs shall be spaced in areas not near residences in accordance with the guidance provided in Exhibit 3. All stumps and remaining wood will conform to the standards defined in this scope under the section titled “General”. Blue Highlighted Areas In areas highlighted in blue, trees shall be removed until spacing between canopies aligns with CalFire guidance as identified in Exhibit 3. Distance between canopies shall range 10’-30’ depending on slope as shown in Exhibit 3. Tree canopy is defined as the furthest extending branch from the main trunk of the tree. Within these highlighted areas, trees that remain shall have lower limbs removed that are within 15’ from the highest point of adjacent grade depending on slope. Native trees of the species Acer and Quercus shall be retained in these areas with limbs lower than 8’ removed to prevent a fuel ladder from spreading into the canopy in the event of a fire. Aesculus trees shall be retained and remain in their natural form with any shrub adjacent shrub growth removed. Shrubs shall be removed in these highlighted areas when adjacent to homes. Shrubs shall be spaced in areas not near residences in accordance with the guidance provided in Exhibit 3. All stumps and remaining wood will conform to the standards defined in this scope under the section titled “General”. Yellow Highlighted Areas In areas highlighted in yellow, work has been previously performed and the work in these areas will consist of small removals, ladder fuel reduction, sucker trimming, and stump herbicide treatment. Shrubs shall be removed in accordance to Exhibit 3 in these areas when adjacent to, and within 100’ of the nearest structure. Native trees of the species Acer and Quercus shall be retained in these areas with limbs lower than 8’ removed to prevent a fuel ladder from spreading into the canopy in the event of a fire. Aesculus trees shall be retained and remain in their natural form with any shrub adjacent shrub growth removed. All stumps and remaining wood will conform to the standards defined in this scope under the section titled “General”. Exhibit 1 South San Francisco Property Lines Part 1 South San Francisco Property Lines Part 2 South San Francisco Property Lines Part 3 Exhibit 2 Sign Hill Project Overview 1 Southwest Areas of work Southeast Areas of Work 1 Legend: • Red Areas = Removal of all trees and shrubs except CA native species within these zones. Any remaining trees must comply with CalFire standard defined in the scope of work. • Red Area With #1 = Removal of all trees and shrubs except CA native species within 100’ from residential fences. Any remaining trees must comply with CalFire standards defined in the scope of work. • Blue Areas = Trees and shrubs are to be removed in order to “thin out” the groves in accordance to CalFire standards defined in the scope of work. • Yellow Areas = Previous removals were performed in this area. Stumps are to have suckers removed and be treated with systemic herbicide identified in scope of work. Shrubs and other ladder fuels are to be removed and remaining trees to be “thinned” in accordance with CalFire standards. Native trees are to be retained. • Green Circles = Designated vehicle entrances to Sign Hill Exhibit 3 8 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-274 Agenda Date:4/27/2022 Version:1 Item #:10a. Resolution awarding a contract in the amount of $495,000 to the Davey Tree Expert Company of Livermore, California and authorizing a project budget of $569,250 for the removal of hazardous trees and continued reduction of potential fuel load on Sign Hill in response to the 2020 Sign Hill Diamond Fire. WHEREAS,On October 16,2020,at 11:54 a.m.,a fire ignited on Sign Hill originating on the western section of the iconic letters; and WHEREAS,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; and WHEREAS,based on the damage that was assessed by staff it was determined that an emergency declaration was needed to mitigate the imminent hazards of erosion and dangerous trees; and WHEREAS,on November 24,2020,City Council adopted a resolution determining the existence of an emergency because of the Diamond Fire, and authorized emergency repairs; and WHEREAS,staff contracted with The Davey Tree Expert Company and Acacia Environmental Construction to mitigate tree and erosion hazards respectively; and WHEREAS,emergency erosion control work was completed in February 2021 and emergent tree work concluded in later October 2021; and WHEREAS,the emergency declaration was ended on November 4,2021,after all urgent work had been completed and all trails were clear of hazardous trees; and WHEREAS,after the emergency declaration concluded,much work remained to reduce fuel load and create defensible space near homes adjacent to City owned parcels on Sign Hill; and WHEREAS,on March 16,2022,a request for proposals was issued by staff for the Sign Hill Fire Mitigation and Restoration Project to address this outstanding work; and WHEREAS,On March 23,2022,a mandatory pre-bid meeting was conducted to showcase the scope of work that this project will entail, of which six contractors attended; and WHEREAS,on April 6,2022,proposals were due,and two contractors submitted proposals,those two contractors being the Davey Tree Expert Company with a bid of $495,000 and Arborwell,Inc.with a bid of $749,000; and City of South San Francisco Printed on 4/28/2022Page 1 of 2 powered by Legistar™ File #:22-274 Agenda Date:4/27/2022 Version:1 Item #:10a. WHEREAS, the Davey Tree Expert Company was the lowest responsible with a bid amount of $495,000; and WHEREAS,staff recommend a 15-percent contingency for any unforeseen circumstances that may arise within the duration of the tree work for a total project budget of $569,250; and WHEREAS, current funding for this project exists outside of the general fund. NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of South San Francisco hereby approves a contract in the amount of $495,000 to the Davey Tree Expert Company of Livermore,California,a copy of which is attached in Exhibit A attached hereto and incorporated herein,and authorizing a total project budget of $569,250 for the removal of hazardous trees and continued reduction of potential fuel load on Sign Hill in response to the 2020 Sign Hill Diamond Fire and for future fire safety; BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute a project agreement in substantially the same form as Exhibit A and to make any revisions,amendments,or modifications or to take any actions 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 4/28/2022Page 2 of 2 powered by Legistar™ The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 1 MINOR CONSTRUCTION AGREEMENT This Agreement (this “Agreement”) is made and entered into between the City of South San Francisco, a municipal corporation (“City”) and The Davey Tree Expert Company, (“Contractor”) effective as of April 27, 2022 (the “Effective Date”). City and Contractor are hereinafter collectively referred to as (the “Parties”). In consideration of their mutual covenants, the Parties hereby agree as follows: 1. Scope of Work. Contractor shall provide the following services and/or materials (“the Work”): Tree Removal, as more particularly described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. In the event of a conflict or inconsistency between the text of the main body of this Agreement and Exhibit A, the text of the main body of this Agreement shall prevail. The Work shall commence on May 1, 2022, and shall be completed to the satisfaction of the City by December 31, 2024, unless such date is extended or otherwise modified by the City in writing. 2. Payment. City shall pay Contractor an amount not to exceed: Four Hundred Ninety-Five Thousand Dollars ($495,000) for the full and satisfactory completion of the Work in accordance with the terms and based on an attached rate schedule. The amount stated above is the entire compensation payable to Contractor for the Work performed hereunder, including all labor, materials, tools and equipment furnished by Contractor. (A) Invoices. City shall make monthly payments, based on invoices received, for Work satisfactorily performed. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. (B) False Claims Act. Presenting a false or fraudulent claim for payment, including a change order, is a violation of the California False Claims Act and may result in treble damages and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation. (C) Retention and Final Payment. City shall retain five percent (5%) of each payment, which shall be paid within sixty (60) days after acceptance of the services, as described in Section 11, and submittal to City of a final invoice if all services required have been satisfactorily performed. Contractor may substitute securities or establish an escrow in lieu of retainage, pursuant to Public Contract Code Section 22300. 3. Independent Contractor. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the City and Contractor. At all times Contractor shall be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations without the express written consent of the City. 4. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants (collectively, the “City Indemnitees”) from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorneys’ fees and costs of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Work or Contractor’s failure to comply with this Agreement, except such Liability caused by the gross negligence or willful misconduct of the City Indemnitees. 5. Excavations. In accordance with Public Contracts Code Section 714, Contractor shall promptly notify City in writing of discovery of any material Contractor believes may be hazardous waste as defined in Section 25117 of the Health and Safety Code or of any subsurface or latent physical conditions at the site of any unusual nature differing materially from those generally inherent in the work described in The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 2 Exhibit A. Upon receipt of such communication, City shall promptly investigate the conditions and if conditions do materially differ, shall issue a change order providing for additional time or payment of additional costs. 6. Relocation of Utilities. In the event that the completion of the services described in Exhibit A requires the removal or protection of main or trunk line public utility facilities, the City shall be responsible for removal and protection of such public utilities pursuant to Government Code Section 4215. 7. Insurance. Prior to beginning the Work and continuing throughout the term of this Agreement, Contractor (and any subcontractors) shall, at Contractor’s (or subcontractor’s) sole cost and expense, furnish the City with certificates of insurance evidencing that Contractor has obtained and maintains insurance in the following amounts: A. Workers’ Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the Contractor, its personnel, agents or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as additional insureds. The certificates shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation, termination, or non-renewal of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation, termination or non- renewal. Further, if the Vendor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. The City’s Risk Manager may waive or modify any of the insurance requirements of this section by means of a written document. 8. General Warranties and Guarantee. Contractor warrants that: (A) All Work, Products and/or Services are as described in this Agreement, including any exhibits incorporated] conform to all drawings, samples, descriptions and specifications; (B) All Work, Products and/or Services delivered are new and of good merchantable quality, free from material defects of workmanship and fit for the purpose for which sold or provided; (C) Contractor has good title to all Products delivered and all Products delivered are free from liens and other encumbrances; and (D) Contractor's Work will be in strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any parts not meeting the foregoing quality shall be deemed defective. Contractor shall guarantee the Work to be free of defects in material and workmanship for a period of one (1) year following the City’s acceptance of the Work (“Contractor’s Guarantee”), as described in Section 11. As part of Contractor’s Guarantee, Contractor agrees to make, at Contractor’s own expense, any repairs or replacements made necessary by defects in material or workmanship which become evident The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 3 within the one-year guarantee period. The Contractor’s Guarantee is effective regardless of whether or not a maintenance bond is required by the City for this Agreement. 9. Licenses. Contractor represents and warrants that Contractor possesses all licenses, permits, and qualifications legally required for the performance of the Work. Contractor shall, at Contractor’s sole cost and expense, maintain all such licenses, permits and qualifications in full force and effect throughout the term of this Agreement. 10. Damage to City Facilities and Site Safety. Damage to City or public facilities or private property caused by the Contractor or by its subcontractors during performance of the Work shall be repaired and/or replaced in kind at no cost to the City. The worksite shall be kept clean and free of hazards at all times during installation. After work is completed at the site, Contractor shall clean the surrounding area to the condition prior to performance of the Work. 11. Final Inspection and Work Acceptance. All Work shall be subject to final inspection and acceptance or rejection by the City. 12. Compliance with all Applicable Laws. Contractor shall comply with all applicable local, state and federal laws, regulations and ordinances in the performance of this Agreement. Contractor shall not discriminate in the provision of service or in the employment of persons engaged in the performance of this Agreement on account of race, color, national origin, ancestry, religion, gender, marital status, sexual orientation, age, physical or mental disability in violation of any applicable local, state or federal laws or regulations. 13. Payment of Taxes; Tax Withholding. Contractor 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, Contractor must provide City with a valid California Franchise Tax Board form 590 (“Form 590. Unless Contractor 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 Contractor as required by law. Contractor 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. Contractor accepts sole responsibility for withholding taxes from any non-California resident subcontractor and shall submit written documentation of compliance with Contractor’s withholding duty to City upon request. 14. Prevailing Wage. The wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Contractor or by any subcontractor shall receive the wages herein provided for. The Contractor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Contractor to each worker. The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Contractor. NOTE: An error on the part of an awarding body does not relieve the Contractor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 4 (A) Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. (B) Payroll Records. Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776. 15. Patents. The Contractor shall assume all costs arising from the use of patented materials, equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save harmless the City of South San Francisco, the City Council, and the Engineer, and their duly authorized representatives, for all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, services, or processes. 16. Dispute Resolution. Prior to initiating litigation in a court of competent jurisdiction, both Contractor and City shall undergo alternative dispute procedures as outlined in Public Contract Code Section 20104, et seq. The Parties also expressly agree that such procedures are incorporated as though fully set forth in this Agreement. 17. Prevailing Party. In the event that either party to this Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated with that legal action or proceeding. 18. Termination. City may terminate or suspend this Agreement at any time and without cause upon written notification to Contractor. Upon receipt of notice of termination or suspension, Contractor shall immediately stop all work in progress under this Agreement. The City's right of termination shall be in addition to all other remedies available under law to the City. 19. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 20. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This Agreement may be modified or amended only by a subsequent written agreement signed by both Parties. 21. Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City shall be personally liable to Contractor in the event of any default or breach by City or for any amount which may become due to Contractor pursuant to this Agreement. 22. Execution in 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. The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 5 23. Notice. 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: Contractor: The Davey Tree Expert Company 1400 Mission Road South San Francisco, CA 94080 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above. CITY: THE DAVEY TREE EXPERT COMPANY: By:__________________________ By:__________________________ Mike Futrell, City Manager Adam Jensen, District Manager APPROVED AS TO FORM: ____________________________ City Attorney 2729960.1 ATTESTED: ____________________________ City Clerk The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 1 MINOR CONSTRUCTION AGREEMENT This Agreement (this “Agreement”) is made and entered into between the City of South San Francisco, a municipal corporation (“City”) and The Davey Tree Expert Company, (“Contractor”) effective as of April 27, 2022 (the “Effective Date”). City and Contractor are hereinafter collectively referred to as (the “Parties”). In consideration of their mutual covenants, the Parties hereby agree as follows: 1.Scope of Work. Contractor shall provide the following services and/or materials (“the Work”): Tree Removal, as more particularly described in the Scope of Work, attached hereto and incorporated herein as Exhibit A. In the event of a conflict or inconsistency between the text of the main body of this Agreement and Exhibit A, the text of the main body of this Agreement shall prevail. The Work shall commence on May 1, 2022, and shall be completed to the satisfaction of the City by December 31, 2024, unless such date is extended or otherwise modified by the City in writing. 2.Payment. City shall pay Contractor an amount not to exceed: Four Hundred Ninety-Five Thousand Dollars ($495,000) for the full and satisfactory completion of the Work in accordance with the terms and based on an attached rate schedule. The amount stated above is the entire compensation payable to Contractor for the Work performed hereunder, including all labor, materials, tools, and equipment furnished by Contractor. (A)Invoices. City shall make monthly payments, based on invoices received, for Work satisfactorily performed. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Contractor. (B)False Claims Act. Presenting a false or fraudulent claim for payment, including a change order, is a violation of the California False Claims Act and may result in treble damages and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation. (C)Retention and Final Payment. City shall retain five percent (5%) of each payment, which shall be paid within sixty (60) days after acceptance of the services, as described in Section 11, and submittal to City of a final invoice if all services required have been satisfactorily performed. Contractor may substitute securities or establish an escrow in lieu of retainage, pursuant to Public Contract Code Section 22300. 3. Independent Contractor. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the City and Contractor. At all times Contractor shall be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations without the express written consent of the City. 4.Indemnification. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants (collectively, the “City Indemnitees”) from and against any and all liability, loss, damage, claims, expenses and costs (including, without limitation, attorneys’ fees and costs of litigation) (collectively, “Liability”) of every nature arising out of or in connection with Contractor’s performance of the Work or Contractor’s failure to comply with this Agreement, except such Liability caused by the active negligence or willful misconduct of the City Indemnitees. 5.Excavations. In accordance with Public Contracts Code Section 714, Contractor shall promptly notify City in writing of discovery of any material Contractor believes may be hazardous waste as defined in Section 25117 of the Health and Safety Code or of any subsurface or latent physical conditions at the site of any unusual nature differing materially from those generally inherent in the work described in Government Code Section 54957.5 SB 343 Agenda: 4/27/2022 Reg CC Item #10a The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 2 Exhibit A. Upon receipt of such communication, City shall promptly investigate the conditions and if conditions do materially differ, shall issue a change order providing for additional time or payment of additional costs. 6. Relocation of Utilities. In the event that the completion of the services described in Exhibit A requires the removal or protection of main or trunk line public utility facilities, the City shall be responsible for removal and protection of such public utilities pursuant to Government Code Section 4215. 7. Insurance. Prior to beginning the Work and continuing throughout the term of this Agreement, Contractor (and any subcontractors) shall, at Contractor’s (or subcontractor’s) sole cost and expense, furnish the City with certificates of insurance evidencing that Contractor has obtained and maintains insurance in the following amounts: A. Workers’ Compensation that satisfies the minimum statutory limits. B. Commercial General Liability and Property Damage Insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per occurrence, TWO MILLION DOLLARS ($2,000,000) annual aggregate, for bodily injury, property damage, products, completed operations and contractual liability coverage. The policy shall also include coverage for liability arising out of the use and operation of any City-owned or City-furnished equipment used or operated by the Contractor, its personnel, agents, or subcontractors. C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and non-owned vehicles. All insurance policies shall be written on an occurrence basis and shall name the City Indemnitees as additional insureds. The certificates shall contain a statement of obligation on the part of the carrier to notify City of any material change, cancellation, termination, or non-renewal of the coverage at least thirty (30) days in advance of the effective date of any such material change, cancellation, termination, or non- renewal. Further, if the Vendor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. The City’s Risk Manager may waive or modify any of the insurance requirements of this section by means of a written document. 8. General Warranties and Guarantee. Contractor warrants that: (A) All Work, Products and/or Services are as described in this Agreement, including any exhibits incorporated, conform to all drawings, samples, descriptions and specifications; (B) All Work, Products and/or Services delivered are new and of good merchantable quality, free from material defects of workmanship and fit for the purpose for which sold or provided; (C) Contractor has good title to all Products delivered and all Products delivered are free from liens and other encumbrances; and (D) Contractor's Work will be in strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any parts not meeting the foregoing quality shall be deemed defective. Contractor shall guarantee the Work to be free of defects in material and workmanship for a period of one (1) year following the City’s acceptance of the Work (“Contractor’s Guarantee”), as described in Section 11. As part of Contractor’s Guarantee, Contractor agrees to make, at Contractor’s own expense, any repairs or replacements made necessary by defects in material or workmanship which become evident The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 3 within the one-year guarantee period. The Contractor’s Guarantee is effective regardless of whether or not a maintenance bond is required by the City for this Agreement. 9. Licenses. Contractor represents and warrants that Contractor possesses all licenses, permits, and qualifications legally required for the performance of the Work. Contractor shall, at Contractor’s sole cost and expense, maintain all such licenses, permits and qualifications in full force and effect throughout the term of this Agreement. 10. Damage to City Facilities and Site Safety. Damage to City or public facilities or private property caused by the Contractor or by its subcontractors during performance of the Work shall be repaired and/or replaced in kind at no cost to the City. The worksite shall be kept clean and free of hazards at all times during installation. After work is completed at the site, Contractor shall clean the surrounding area to the condition prior to performance of the Work. 11. Final Inspection and Work Acceptance. All Work shall be subject to final inspection and acceptance or rejection by the City. 12. Compliance with all Applicable Laws. Contractor shall comply with all applicable local, state and federal laws, regulations and ordinances in the performance of this Agreement. Contractor shall not discriminate in the provision of service or in the employment of persons engaged in the performance of this Agreement on account of race, color, national origin, ancestry, religion, gender, marital status, sexual orientation, age, physical or mental disability in violation of any applicable local, state, or federal laws or regulations. 13. Payment of Taxes; Tax Withholding. Contractor 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, Contractor must provide City with a valid California Franchise Tax Board form 590 (“Form 590. Unless Contractor 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 Contractor as required by law. Contractor 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. Contractor accepts sole responsibility for withholding taxes from any non-California resident subcontractor and shall submit written documentation of compliance with Contractor’s withholding duty to City upon request. 14. Prevailing Wage. The wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Contractor or by any subcontractor shall receive the wages herein provided for. The Contractor shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Contractor to each worker. The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Contractor. NOTE: An error on the part of an awarding body does not relieve the Contractor from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770-1775. The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 4 (A) Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. (B) Payroll Records. Each Contractor and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Contractor in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776. 15. Patents. The Contractor shall assume all costs arising from the use of patented materials, equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save harmless the City of South San Francisco, the City Council, and the Engineer, and their duly authorized representatives, for all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, services, or processes. 16. Dispute Resolution. Prior to initiating litigation in a court of competent jurisdiction, both Contractor and City shall undergo alternative dispute procedures as outlined in Public Contract Code Section 20104, et seq. The Parties also expressly agree that such procedures are incorporated as though fully set forth in this Agreement. 17. Prevailing Party. In the event that either party to this Agreement commences any legal action or proceeding (including but not limited to arbitration) to interpret the terms of this Agreement, the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney’s fees associated with that legal action or proceeding. 18. Termination. City may terminate or suspend this Agreement at any time and without cause upon at least five (5) days’ written notification to Contractor. Upon receipt of notice of termination or suspension, Contractor shall immediately stop all work in progress under this Agreement. The City's right of termination shall be in addition to all other remedies available under law to the City. 19. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 20. Entire Agreement. This Agreement represents the entire and integrated agreement between the Parties. This Agreement may be modified or amended only by a subsequent written agreement signed by both Parties. 21. Non-Liability of Officials, Employees and Agents. No officer, official, employee or agent of City shall be personally liable to Contractor in the event of any default or breach by City or for any amount which may become due to Contractor pursuant to this Agreement. 22. Execution in 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. The City of South San Francisco Minor Construction Agreement [Rev:11/14/2016] 5 23. Notice. 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: Contractor: The Davey Tree Expert Company 1400 Mission Road South San Francisco, CA 94080 With a copy to: The Davey Tree Expert Company Attn: Legal Department 1500 N. Mantua Street Kent, OH 44240 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above. CITY: THE DAVEY TREE EXPERT COMPANY: By:__________________________ By:__________________________ Mike Futrell, City Manager Adam Jensen, District Manager ATTESTED: ____________________________ City Clerk APPROVED AS TO FORM: ____________________________ City Attorney 2729960.1 5098900.2 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-291 Agenda Date:4/27/2022 Version:1 Item #:11. Report regarding a resolution authorizing the acceptance of the San Mateo County Summer Enrichment Grant in the amount of $92,940,and amending the Parks and Recreation Department Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.060.(Greg Mediati, Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of the San Mateo County Summer Enrichment Grant in the amount of $92,940,and amending the Parks and Recreation Department Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.060. BACKGROUND/DISCUSSION The Parks and Recreation Department received a grant from the San Mateo County Summer 2022 Enrichment Program in the amount of $92,940 for the Parks and Recreation Department’s Summer Camp Programs.The total grant amount is evenly divided between the Department’s three summer camp sites with $30,980 going to each of the camps at Orange Memorial Park,Terrabay Gymnasium and Recreation Center,and Ponderosa Elementary School.The San Mateo County Board of Supervisors approved $3.3 million to create this grant program to support summer programs for school age children. The funds can be used to: ·Expand access to summer enrichment programs for low income and vulnerable students; ·Support the social-emotional wellbeing of students to mitigate the setbacks and hardships associated with COVID-19; and ·Provide opportunities for students to re-inspire and propel learning to counterbalance learning loss attributed to the COVID-19 pandemic and distance learning. The Parks and Recreation Department will use this funding to provide 30 students the opportunity to attend summer camp at no cost.Staff will prioritize registration for the 30 spaces to the families who attend the REAL After School Programs at Los Cerritos and Martin Elementary Schools.If there are still spaces remaining,staff will then work with the school district to identify children who will most benefit from attending summer camp. The grant will allow the Parks and Recreation Department to enhance summer camp curriculum by adding an assembly each week.Some of the topics these assemblies will include are science,character development, diversity,friendship,and anti-bullying.The assemblies will be provided by a variety of organizations including Young Audiences for Learning, Mad Science Bay Area, and Mobile Ed Productions. Finally,this funding will provide for additional staff training.Staff will be contracting with two organizations, Playworks and the California School-Age Consortium.Training will include topics on building positive rapport with children,group management,and play activities.Staff will also be working with San Mateo County to have all employees in the Department’s Youth Enrichment Services Program to be certified in Mental Health First Aid. FISCAL IMPACT Grant funds will be used to amend the Parks and Recreation Department's current fiscal year 2021-2022 City of South San Francisco Printed on 4/28/2022Page 1 of 2 powered by Legistar™ File #:22-291 Agenda Date:4/27/2022 Version:1 Item #:11. Grant funds will be used to amend the Parks and Recreation Department's current fiscal year 2021-2022 Operating Budget via budget amendment #22.060.Funds not expended in this fiscal year will be carried over into fiscal year 2022-2023. Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this funding will contribute to the City’s Strategic Plan under Priority #2 by helping to build active recreation, learning, and childcare programs. CONCLUSION Staff recommends that the City Council adopt a resolution authorizing the acceptance of the San Mateo County Summer Enrichment Grant in the amount of $92,940,and amending the Parks and Recreation Department Fiscal Year 2021-22 Operating Budgets pursuant to budget amendment #22.060 The Parks and Recreation Department appreciates contributions from community partners who help continue and enhance the Department’s mission to provide opportunities for physical,cultural and social well-being; protect and enhance the physical environment;and ensure the effective and efficient use of public facilities and open space. City of South San Francisco Printed on 4/28/2022Page 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 #:22-292 Agenda Date:4/27/2022 Version:1 Item #:11a. Resolution authorizing the acceptance of the San Mateo County Summer Enrichment Grant in the amount of $92,940,and amending the Parks and Recreation Department Fiscal Year 2021-22 Operating Budgets pursuant to budget amendment #22.060. WHEREAS,the Parks and Recreation Department (Department)received $92,940 from the San Mateo County Summer 2022 Enrichment Grant for the Department’s Summer Camp Programs ($30,980 each to the Department’s three summer camp sites at Orange Memorial Park,Terrabay Gymnasium and Recreation Center, and Ponderosa Elementary School); and WHEREAS,the San Mateo County Summer 2022 Enrichment Grant will provide 30 students the opportunity to attend summer camp at no cost,enhance the summer camp curriculum by adding enriching and educational assemblies each week, and provide critical staff training; and WHEREAS,the Parks and Recreation Department appreciates contributions from community partners who help continue and enhance the Department’s mission to provide opportunities for physical,cultural,and social well-being;protect and enhance the physical environment;and ensure the effective and efficient use of public facilities and open space. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby accepts the San Mateo County Summer Enrichment Grant in the amount of $92,940,and amends the Parks and Recreation Department’s Fiscal Year 2021-22 Operating Budget pursuant to budget amendment #22.060. ***** City of South San Francisco Printed on 5/4/2022Page 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 #:22-293 Agenda Date:4/27/2022 Version:1 Item #:12. Report regarding a resolution increasing the acceptance of grant funds from the After School Education and Safety Grant by $36,163 for a new grant total of $283,858 in Fiscal Year 2021-2022 and amending the Parks and Recreation Department and Library Department Fiscal Year 2021-2022 Operating Budgets pursuant to budget amendment #22.059.(Greg Mediati, Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting the increase of grant funds from the After School Education and Safety Grant by $36,163 for a new grant total of $283,858 in Fiscal Year 2021-2022 and amending the Parks and Recreation Department and Library Department Fiscal Year 2021-2022 Operating Budgets pursuant to budget amendment #22.059. BACKGROUND/DISCUSSION The After School Education and Safety Program (ASES)is a program under the California Department of Education,with the goal of supporting local efforts to improve assistance to students and broaden the base of support for education in a safe,constructive environment.The Parks and Recreation Department has been the recipient of ASES grant funding since Fiscal Year 2006-2007.Grant funds are directed to the REAL (Recreation,Enrichment and Learning)After School Program located at Martin Elementary School and Los Cerritos Elementary School,as well as the Homework Club for Spruce Elementary School students at the Community Learning Center. The Homework Club is operated in collaboration with the Library Department. The purpose of the REAL Program is to expand learning beyond the school day and complement,support,and enhance daily classroom instruction.The REAL Program focuses on creating educational projects that make learning fun by offering students the opportunity to participate in a balance of individual activities,small and large group activities, indoor and outdoor activities, and quiet as well as active play. City Council previously approved Resolution 109-2021 accepting ASES grant funding over a three-year term, beginning July 1,2021,through June 30,2024,in the amount of $247,695 per year (total grant amount of $743,085 for three years).In Fiscal Year 2021-2022,ASES increased its per student reimbursement rate,thus adding $36,163 to the City’s grant amount,increasing the annual grant total to $283,858 in Fiscal Year 2021- 2022. FISCAL IMPACT The City’s ASES-funded programs have minimal impact to the General Fund.Any costs to the General Fund are absorbed by the Parks and Recreation Department and Library Department Operating Budgets and include overhead costs for administrative oversight of the grant and grant-funded programs.The additional funding will be used to improve the overall quality of the program. With the increase in the per student reimbursement rate,the Library’s portion of the grant will change from $86,693 to $99,350.The Parks and Recreation Department’s portion of the grant will change from $161,002 to $184,508. City of South San Francisco Printed on 4/28/2022Page 1 of 2 powered by Legistar™ File #:22-293 Agenda Date:4/27/2022 Version:1 Item #:12. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this funding will contribute to the City’s Strategic Plan under Priority #2 by helping to build active recreation, learning, and childcare programs. CONCLUSION Acceptance of this grant is crucial to sustaining the after-school programs provided at Martin Elementary School,Los Cerritos Elementary School,and the Homework Club at the Community Learning Center.Staff recommends that the City Council adopt a resolution accepting the increase of grant funds from the After School Education and Safety Grant by $36,163 for a new grant total of $283,858 in Fiscal Year 2021-2022 and amending the Parks and Recreation Department and Library Department Fiscal Year 2021-2022 Operating Budgets pursuant to budget amendment #22.059. City of South San Francisco Printed on 4/28/2022Page 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 #:22-294 Agenda Date:4/27/2022 Version:1 Item #:12a. Resolution increasing the acceptance of grant funds from the After School Education and Safety Grant by $36,163 for a new grant total of $283,858 in Fiscal Year 2021-2022 and amending the Parks and Recreation Department and Library Department Fiscal Year 2021-2022 Operating Budgets pursuant to budget amendment #22.059. WHEREAS, the After School Education and Safety Program (ASES) is a program under the California Department of Education, with the goal of supporting local efforts to improve assistance to students and broaden the base of support for education in a safe, constructive environment; and WHEREAS, the Parks and Recreation Department has been the recipient of ASES grant funding since Fiscal Year (FY) 2006-2007; and WHEREAS, the ASES grant provides crucial funding to sustain the after-school programs at Martin Elementary School, Los Cerritos Elementary School, and the Homework Club (for Spruce Elementary School) at the Community Learning Center; and WHEREAS, the Parks and Recreation Department and the Library Department collaborate on the Homework Club program offered at the Community Learning Center; and WHEREAS, City Council previously approved Resolution 109-2021 accepting grant funds from the After School Education and Safety Grant to be granted over a three-year term in the amount of $247,695 per year (total grant amount of $743,085); and WHEREAS, the ASES grant has increased its grant amount by $36,163 for a total of $283,858 in Fiscal Year 2021-2022; and WHEREAS, receipt of the grant funds will be used to amend the Parks and Recreation Department’s Fiscal Year 2021-2022 Operating Budget from $86,693 to $99,350, and the Library Department’s Fiscal Year 2021- 2022 Operating Budget from $161,002 to $184,508, according to budget amendment number #22.059; and NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby accepts the increase of grant funds from the After School Education and Safety Grant by $36,163 for a new grant total of $283,858 in Fiscal Year 2021-2022 and amending the Parks and Recreation Department and Library Department Fiscal Year 2021-2022 Operating Budgets pursuant to budget amendment #22.059. BE IT FURTHER RESOLVED, that the City Council authorizes the City Manager to execute the documents City of South San Francisco Printed on 4/28/2022Page 1 of 2 powered by Legistar™ File #:22-294 Agenda Date:4/27/2022 Version:1 Item #:12a. necessary to accept the grant funding and take any other actions necessary to carry out the intent of this resolution on behalf of the City Council, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 4/28/2022Page 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 #:22-155 Agenda Date:4/27/2022 Version:1 Item #:13. Report regarding a resolution approving and authorizing the City Manager to enter into an agreement between the City of South San Francisco and the California Water Service for new water services to the Library,Parks and Recreation and Community Theater/Council Chamber project in an amount not to exceed $346,550.00. (Jacob Gilchrist, Director of Capital Projects) RECOMMENDATION It is recommended that the City Council adopt a resolution approving and authorizing the City Manager to enter into an agreement between the City of South San Francisco and California Water Service for new water services to the Library,Parks and Recreation and Community Theater/Council Chamber project in the amount not to exceed $346,550.00. BACKGROUND/DISCUSSION Water services within the City of South San Francisco are provided by California Water Service (CalWater).As part of new building construction,the new Library,Parks and Recreation facility requires a new main water supply line and water service connection points which include:8”fire service,2 fire hydrants,2”irrigation service,and 4”domestic water service with a 3”meter.California Water Service will perform the installation of the meter,all the engineering,inspection,and all the necessary connections.Work will also include complete abandonment of an existing 6”main water line at the property.All the underground new 12”and 8”water line within the street right-of-way, infrastructure and work within the site will be handled by the general contractor. CalWater offers customers two solutions for the construction and installation of new water mains necessary to connect a property’s service to the existing CalWater water main infrastructure.Customers can either have CalWater perform the installation or hire a third party contractor for the installation work.Staff elected the latter option as it gives the City better time certainty regarding the schedule of work and is ultimately less expensive than paying CalWater to do perform the work.In this case,CalWater still requires a fee for inspection,project management,taxes,and final connection of the new main to the existing CalWater service system.CalWater will retain ownership of typical fire service,domestic service,and irrigation service which is limited to the tee,gate valve,and pipe necessary to reach the City’s street right of way property line,and the City will install and own the balance of facilities located beyond the street right of way line on the City property. After several rounds of negotiation,City staff and CalWater settled on a cost of $346,550 for CalWater’s work on this project.The remainder of the installation will be performed by the City'general contractor Swinerton Builders and their subcontractors.The cost of this work was anticipated in the overall LPR project budget of $103,000,000.Staff is requesting Council for approval of the $364,550 and authorization for the City Manager to enter into a service agreement with CalWater for inspection,connection and provision of services,and to execute any additional related documents that are necessary for this work.A correspondence from CalWater providing the $346,550 quote and a form agreement for services and facilities are attached to the accompanying resolution. FISCAL IMPACT City of South San Francisco Printed on 4/28/2022Page 1 of 2 powered by Legistar™ File #:22-155 Agenda Date:4/27/2022 Version:1 Item #:13. There is no additional fiscal impact to the project budget approved on November 9, 2020 by City Council. RELATIONSHIP TO STRATEGIC PLAN This effort is included in the City’s Strategic Plan. It aligns with Priority #2 which is focused on enhancing quality of life and Priority #3 which is focused on enhancing public safety. CONCLUSION Approving the service fee amount and agreement for new water services with California Water Services for the COMMUNITY CIVIC CAMPUS:PHASE II,the Library,Parks and Recreation and Community Theater/ Council Chamber will provide the project with new water service facility connection points for the new facility. Approval of this service arrangement with CalWater is a necessary step to building and completing the Community Civic Campus project. City of South San Francisco Printed on 4/28/2022Page 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 #:22-156 Agenda Date:4/27/2022 Version:1 Item #:13a. Resolution approving a services agreement with California Water Service (CalWater)of San Mateo,California for the Library,Parks &Recreation and Community Theater/Council Chamber Project (pf2103)in an amount not to exceed $346,550.00,authorizing the City Manager to execute the agreement and other necessary documents, and authorizing a budget of $346,550.00. WHEREAS,California Water Services (CalWater)provides water services to residents and businesses within the City of South San Francisco; and WHEREAS,California Water Services provided cost estimate to provide and install new water services to the Library,Parks &Recreation and Community Theater/Council Chamber (“Project”)which will be coordinated with current general contractor actively working on building construction; and WHEREAS,new services will include fire water service,domestic water service,and irrigation water service in locations and quantities as noted within Library,Parks &Recreation and Community Theater/Council Chamber permitted documents and Project requirements and records; and WHEREAS,CalWater will retain ownership of typical fire service,domestic service,and irrigation service which is limited to the tee,gate valve,and pipe necessary to reach the City’s street right of way property line, and the City will install and own the balance of facilities located beyond the street right of way line on the City property; and WHEREAS,CalWater has provided a letter showing estimated cost in the amount of $346,550.00 and a form construction/services agreement for the foregoing service arrangement. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves the letter of service arrangement and a form services agreement,which are respectively attached herewith and incorporated herein as Exhibits A and B,with California Water Service of San Mateo,California in an amount not to exceed $346,550.00,conditioned on the appropriate installation of services as required for the Library,Parks &Recreation and Community Theater/Council Chamber and the parties providing all other required documents or records related to the Project. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project budget consistent with the information contained in the accompanying staff report. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute a service agreement in substantially the same form as Exhibit B with a not-to-exceed amount of $346,550.00 reflected in Exhibit A, and is also authorized to execute any other related documents on behalf of the City that are necessary to accomplish the service arrangements with CalWater and consistent with the intent of this resolution,subject toCity of South San Francisco Printed on 5/4/2022Page 1 of 2 powered by Legistar™ File #:22-156 Agenda Date:4/27/2022 Version:1 Item #:13a. accomplish the service arrangements with CalWater and consistent with the intent of this resolution,subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any other required actions consistent with the intent of this resolution,that do not materially increase the City’s obligations,subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 5/4/2022Page 2 of 2 powered by Legistar™ 1 A G R E E M E N T THIS AGREEMENT, made and entered into this ______ day of __________________________, 20_____, by and between the person or persons listed in paragraph 1 hereof, hereinafter collectively referred to as "Applicant," and CALIFORNIA WATER SERVICE COMPANY, a California corporation, hereinafter referred to as "Utility," W I T N E S S E T H: WHEREAS, Applicant desires to have made available mains and appurtenances needed to meet various local fire protection requirements substantially as shown on that certain map attached hereto, marked Exhibit A and by this reference made a part hereof, to be installed in accordance with Utility's usual practices, said mains and appurtenances being hereinafter referred to as the "Facilities"; and WHEREAS, upon the terms and conditions herein set forth, Applicant is willing to install the Facilities, or cause the same to be installed, at its own expense, all in accordan ce with the provisions hereinafter set forth; and WHEREAS, upon the terms and conditions herein set forth Utility is willing to acquire the Facilities and is willing to furnish water service through and by means thereof at the rates and in accordance with the rules of Utility now in force in its __________________District, or that may from time to time be lawfully established in said district; and WHEREAS, Utility will supply only such water at such pressures as may be available from time to time as a result of its normal operations of its ______________ system; NOW, THEREFORE, for and in consideration of the premises and of the mutual covenants, agreements, terms and provisions herein contained, it is agreed as follows, to wit: 1. Applicant. The names, addresses and descriptions of the person or persons herein collectively referred to as "Applicant" are as follows: Name Address Description ______________________ _________ Reviewed by New Business Date 2 2. Applicant's Deposits. Utility's estimated construction overhead, including engineering, inspection and administrative cost is $_________. Utility's estimated cost of connecting the Facilities to its existing distribution system is $__________ and in accordance with Commission Decision No. D.16-12-042 dated January 1, 2017, Applicant's C.I.A.C. tax liability is estimated to be $____________. In accordance with Commission Decision No. D.16- 12-042 dated January 1, 2017, applicant’s special facility fee is $_________. After Utility has determined its actual construction overhead cost and has ascertained its actual costs in connecting the Facilities to its existing mains and has determined Applicants C.I.A.C. tax liability based on final installation cost, it will provide Applicant with a statement of said cost and liability. If such actual costs and C.I.A.C. tax liability as finally determined are greater or less than the Estimated Amounts, the difference shall be advanced by Applicant to Utility or repaid by Utility to Applicant, as the case may be. Utility hereby acknowledges receipt from Applicant of $____________, representing the total of said costs. Applicants cost of installing the facilities is not subject to refund, therefore subject to the provisions of this paragraph, no other refunds will be made to Applicant. 3. Installation of Facilities. (a) The Facilities are designed to meet the minimum fire flow requirements set forth in Section VIII.1(a) of the Commission's General Order No. 103, as ordered by Decision 82 -04- 089, dated April 21, 1982. Applicant agrees to install the Facilities, or cause the same to be installed, at its own expense on or before ___________. The Facilities shall be installed strictly in accordance with the specifications attached hereto as Exhibit B, and the installation thereof shall be subject to inspection by and approval of Utility in all respects. The Facilities shall be installed by Applicant, or by ____________, a Contractor, hereinafter referred to as ("Contractor"), selected by Applicant pursuant to competitive bidding procedures initiated by Applicant and limited to bidders who were qualified in Utility's judgment. Utility will perform the work of connecting the Facilities to its existing mains at the points designated on Exhibit A hereto. (b) If Contractor is to install the Facilities pursuant to the provisions of the preceding subparagraph (a), Applicant agrees that its construction contract (Construction Contract) with Contractor shall specifically provide, among other things, that: (i) The Construction Contract is entered into for the direct benefit of Utility who shall be entitled to institute and maintain legal proceedings to recover any damages it may sustain by reason of the failure of Contractor to duly perform the provisions of the Construction Contract, including without limitation, the failure of Contractor to install the Facilities within the time herein provided and in accordance with said specifications: 3 (ii) Installation of the Facilities shall be subject to the inspection and approval of Utility in all respects; (iii) Title to the Facilities shall vest in Utility in accordance with the provisions o f paragraph 5 hereof; (iv) The insurance requirements of paragraph 4 hereof shall be fulfilled. (c) Applicant agrees to reimburse Utility upon demand by Utility for the cost to Utility of all replacements and repairs to the Facilities made necessary wit hin one (1) year from completion of installation thereof by reason of defective materials or workmanship. Utility's acceptance of the Facilities shall under no circumstances be deemed to constitute approval of such materials and workmanship for purposes of the preceding sentence. 4. Indemnity; Insurance. (a) Utility shall not be responsible or held liable in any manner whatsoever for any injury or damage which may be done to any person or property in the course of installation of the Facilities by or on behalf of Applicant or which may result from such installation, and Applicant agrees to indemnify Utility and hold it free, safe and harmless of, from and against any and all liability for the death of, or injury to, any person and for the loss of, or damage to, any property which may arise by reason of acts done or omitted to be done in the course of installation of the Facilities by or on behalf of Applicant or which may result from such installation, and Applicant further agrees to reimburse Utility upon demand for all costs and expenses which Utility may incur in resisting any claim which may be made against Utility for any such injury or damage to any person or property. Applicant expressly agrees that the agreements contained in this paragraph shall survive the performance of the remainder of this Agreement and shall remain in full force and effect notwithstanding such performance. Applicant further agrees that during the period beginning with the commencement of construction of the Facilities and terminating upon final acceptance of the same by Utility, the following insurance will be maintained in full force and effect by Applicant or Contractor (if the Facilities are to be installed by Contractor) without cost or expense to Utility: (i) bodily injury and property damage liability insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) annual aggregate, insuring Utility against any and all liability for the death of or injury to any person and for the loss of or damage to any property, respectively, which may arise by reason of acts done or omitted to be done in the course of installation of the Facilities or which may result from such installation, and further insuring Utility against all costs and expenses incurred by Utility in resisting any claim which may be made against Utility for any such injury or damage to any person or property. Each such policy (A) shall be issued by an 4 insurance company approved by Utility, which is qualified to do and doing business in the State of California, (B) shall name Utility as an additional insured, (C) shall specify that it acts as primary insurance and that no insurance effected by Utility shall be called upon to cover a loss under the policy so procured or caused to be procured by Applicant, (D) shall provide that the policy shall not be canceled or altered without thirty (30) days prior written notice to Utility, and (E) shall otherwise be in form satisfactory to Utility. Each such policy or a certificate thereof shall be delivered to Utility concurrently with execution of this Agreement. (b) An endorsement or a certificate thereof to the workers' compensation insurance policy of Applicant or Contractor (if the Facilities are to be installed by Contractor) providing that the underwriter thereof waives all right of subrogation against Utility by reason of any claim arising out of or connected with installation of the Facilities shall be delivered to Utility concurrently with execution of this Agreement. Said endorsement shall provide that it shall not be canceled or altered without thirty (30) days prior written notice to Utility. 5. Title to Facilities. Title to each part or portion of the Facilities shall pass to Utility forthwith as each such part or portion thereof shall be installed regardless of whether the same shall be installed by Applicant or Contractor and regardless of whether the same shall be attached to the balance of Utility's system, provided, however, that such passage of title shall under no circumstances be deemed to constitute acceptance by Utility of the Facilities as installed in accordance with said specifications. Such acceptance may only be effected by appropriate written notice from Utility to Applicant. Applicant warrants that upon such passage of title, the title shall be free and clear of and from any and all liens, charges and encumbrances whatsoever. Applicant agrees (a) to use its best efforts to assist Utility in obtaining any and al l permits, franchises or other governmental authorizations which may be required for the operation of the Facilities, (b) that if so requested in writing by Utility subsequent to such acceptance of the Facilities by Utility, as aforesaid, Applicant will promptly make, execute and deliver to Utility an instrument or instruments, in form satisfactory to Utility, which shall confirm such passage of title to Utility, (c) that promptly upon completion of installation of the Facilities in accordance with said specifications and acceptance of the same by Utility, Applicant will furnish to Utility a reasonably detailed statement of the actual construction cost of the Facilities. 5 6. Street Grades. If the Facilities are installed in easements or rights-of-way where final grades have not been established by public authority, Applicant, upon written notice by Utility, shall deposit with Utility forthwith the Estimated Cost, as determined by Utility, of relocating, raising or lowering the Facilities upon establishment of final grades. Adjustment of any difference between the amount so deposited and the actual cost of relocating, raising or lowering the Facilities shall be made within ten (10) days after Utility has ascertained such actual cost. Utility will refund the entire deposit relating to such proposed relocation, raising or lowering when appropriate authority determines that such displacements are not required. 7. Notices. Any notice which it is herein provided may or shall be given by ei ther party to the other shall be deemed to have been duly given when deposited in the United States mail, registered or certified, postage prepaid and addressed to the party to whom such notice is given at the following respective addresses: To Applicant: To Utility: 1720 North First Street San Jose, CA 95112 Either party, by notice given as hereinbefore provided, may change the address to which notice shall thereafter be addressed. 8. Jurisdiction of Public Utilities Commission. This agreement shall at all times be subject to such changes or modifications by the California Public Utilities Commission as said Commission may from time to time direct in the exercise of its jurisdiction. 6 IN WITNESS WHEREOF, the Parties hereto have executed this agreement in duplicate the day and year first above written. CALIFORNIA WATER SERVICE COMPANY By______________________________ By______________________________ (Signature) Vice President By______________________________ By______________________________ (Print Name and Title) (Print Name) By______________________________ By______________________________ (Signature) Secretary By______________________________ By______________________________ (Print Name and Title) (Print Name) Applicant Utility ____________________________ Federal Income Tax Identification Number or Social Security Number City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-307 Agenda Date:4/27/2022 Version:1 Item #:14. Report regarding the transfer of $8.5 million from General Fund surplus fund balance to the Infrastructure Reserves fund as recommended in the Mid-Year Financial update (Presenter Name) RECOMMENDATION It is recommended that the City Council approve the transfer of $8.5 million from General Fund surplus fund balance to the Infrastructure Reserves fund. BACKGROUND/DISCUSSION At the Mid-Year Financial update given by the City’s Finance Director to the City Council on February 23rd, 2022,it was recommended in the verbal presentation and staff report that $8.5 million of the General Fund surplus fund balance be transferred to the Infrastructure Reserves fund.Acceptance of the Mid-Year staff report and passing of the associated resolution strongly suggested acceptance of this specific recommendation but the resolution did not expressly state this transfer was approved.The purpose of this staff report and resolution is to confirm Council’s intent and to authorize transfer of said funds to the Infrastructure Reserves. FISCAL IMPACT There are no appropriation requests in this item,just a transfer of $8.5 million from one fund to another (General Fund to Infrastructure Reserve Fund). There is no net financial impact. RELATIONSHIP TO STRATEGIC PLAN Financial Stability CONCLUSION It is recommended that the City Council approve this item for the transfer of $8.5 million from General Fund surplus fund balance to the Infrastructure Reserves fund in line with the recommendation provided by the Finance director at the Mid-Year financial update to City council on February 23 rd, 2022. City of South San Francisco Printed on 4/28/2022Page 1 of 1 powered by Legistar™ City of South San Francisco Page 1 of 19 File#: 21-898 Agenda Date: 02/23/2022 Version: 1 Item #: Report regarding the Annual Comprehensive Financial Report for fiscal year ended June 30, 2021, mid-year update for fiscal year ending June 30, 2022, and additional appropriation considerations. (Janet Salisbury, Director of Finance) RECOMMENDATION Staff requests that the City Council of the City of South San Francisco (“City”) accept the review of this report by the Budget Standing Committee and approve the adoption of a resolution accepting the Annual Comprehensive Financial Report (“ACFR”) for Fiscal Year (“FY”) 2020-21, acknowledging the mid-year financial update for FY 2020-21, and approving the additional appropriation requests for FY 2021-22. BACKGROUND/DISCUSSION The information contained herein was presented to the Budget Standing Committee of the City Council on February 8, 2022 via a teleconference meeting that was available to the public. The fiscal year ending June 30, 2021 is notable in that it marks the first full year impacted by the COVID-19 pandemic. Having enjoyed a decade of marked economic growth, the City’s businesses and residents were forced to adapt as necessary virus containment measures slowed much of the global economy to a sluggish pace. With the shelter-in-place orders beginning in March 2020, the City’s economic activity fell precipitously, erasing much of the record-breaking revenue pace enjoyed throughout the first half of the previous fiscal year. As a result, the FY 2020-21 Budget was approved by Council in June 2020 under extraordinary circumstances, with tremendous uncertainty surrounding how the pandemic would impact the City’s budget. As new information and circumstances emerged, the FY 2020-21 budget was modified several times to adapt to the ever-changing economic conditions. In October 2020 and again in February 2021, Council approved certain budget adjustments in anticipation of a healthy General Fund surplus for FY 2019-20. These actions allowed the City, for example, to move forward with key programs such as the establishment of the Commission on Racial and Social Equity and the art installation in the Karyl Matsumoto (Caltrain) Plaza. In addition, in March 2021, the federal government passed the American Rescue Plan Act (ARPA) emergency stimulus package which included $350 billion in aid for states, counties and cities to combat the negative economic impacts City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City of South San Francisco Page 2 of 19 of the COVID-19 pandemic. South San Francisco’s award was $12.28 million – $6.14 million of which was received in June 2021. The first tranche in ARPA funded critical community programs such as the Guaranteed Income Program, Jobs for Youth, and seed funding for the City’s Economic Mobility Hub. The ARPA appropriations are discussed in further detail in Section V.E of this report. With the FY 2020-21 now closed and the year-end results (ACFR) available, it shows the City continues to have a strong liquidity position with high reserve levels, allowing the City to fund mission-critical projects into the future. This report will review: I. FY 2020-21 ACFR & General Fund Summary II. FY 2020-21 General Fund Variance Analysis (Budget vs. Actuals) A. Revenue Variance Rationale (includes Measure W) B. Expenditure Variance Rational III. FY 2020-21 Summary Results for Other Funds IV. Developer Impact Fees V. Current Fiscal Year (FY 2021-22) Update A. General Fund Revenues – 2nd Quarter B. General Fund Expenditures – 2nd Quarter C. Additional General Fund Appropriations Request D. Additional Non-General Fund Appropriations Request E. ARPA VI. Reserves Overview & Considerations I. FY2020-21 ACFR & GENERAL FUND SUMMARY The ACFR is an audited summary report of the City’s financial transactions over the course of the fiscal year. The final FY 2020-21 ACFR is attached to the resolution associated with this report (see Exhibit A). The financial statements enclosed were prepared in conformity with Generally Accepted Accounting Principles (GAAP) and comply with reporting requirements of the national Governmental Accounting Standards Board (GASB). As the Committee is aware, the General Fund is the City’s main operating fund, where the bulk of the essential services delivered by departments such as Library, Parks and Recreation, Economic and Community Development, Fire, Police, and City Administration are budgeted. As noted in the General Fund Summary, which is included as Attachment 2 of this report, in FY 2020-21, the City received $110.1 million in General Fund operating revenues, which was $5.8 million, or 5.6 percent, above the amended budget of $104.3 million. Including carryover purchase orders ($5.6 million), General Fund expenditures were $114.2 million, a favorable variance of $1.6 million, or 1.4 percent, when compared to the amended budget of $115.7 million. Including transfers in and out and other accounting adjustments and excluding encumbrances, the City of South San Francisco Page 3 of 19 net reduction in fund balance (General Fund deficit) is $2.3 million. It is important to note that these numbers do not include any Measure W activities. Table 1 below provides a summary of the General Fund position at the end of FY2020-21, which ties to the ACFR. Table 1: FY 2020-21 General Fund Operating Summary Total Revenues $ 110,109,662 - Total Expenditures $ 108,609,697 Net Operating Surplus $ 1,499,965 - Net Transfers & Adjustments $ 3,809,429 TOTAL General Fund Deficit $ 2,309,464 A General Fund deficit for FY 2020-21 was anticipated and budgeted from the sizable $16.3 million General Fund surplus realized in FY 2019-20. While the cashflow deficit for FY 2020-21 was $2.3 million as shown above, this is over $1.1 million lower than the $3.4 million projected shortfall for the year when the FY 2020-21 was adopted back in June 2021. The available unappropriated fund balance as of June 30, 2021 in the General Fund is discussed further in Section VI. II. FY2020-21 GENERAL FUND VARIANCE ANALYSIS (BUDGET vs. ACTUALS) The following details notable variances only between the FY2020-21 budget and actuals across the major subcategories within the General Fund. Please refer to Attachment 2 of this report for the detailed quantitative budget to actuals analysis. A. Revenue Variance Rationale (includes Measure W) The following section highlights the variance to budget across the major/notable revenue categories for FY2020-21. Favorable results, meaning a net positive for the City’s finances, are noted with a “+”, and conversely, unfavorable results are noted with a “-“ in the following section. 1. Property Tax +$1,187,908 Property tax revenue, one of the City’s primary recurring General Fund revenue sources, continues to reflect the strong real estate prices in the area – totaling $44.2 million in FY 2020-21. Compared to the amended budget which included a $1.5 million upward adjustment during the mid-year review, revenues came in $1.2 million, or 2.8 percent, higher than budget. This was primarily due to the former RDA property tax allocation, which was $0.6 million over budget, and secured property tax which was $0.6 million higher than anticipated. 2. Sales & Use Tax +$870,155 Sales and Use Tax revenue totaled $19.4 million in FY 2020-21, which was $0.9 million, or 4.7 percent, above the amended budget which included a $1.6 million upward revision during the mid-year review. Early in the fiscal year, shelter-in-place orders related to the COVID-19 pandemic had a negative impact on sales tax but as the year progressed and vaccines were rolled out, restrictions eased and the local and wider economy began to rebound and spending levels increased, driving a recovery in sales tax revenue. City of South San Francisco Page 4 of 19 3. Measure W +$671,292 Measure W brought in $13.4 million which was $0.7 million, or 5.3 percent, above budget expectations. While Measure W revenue is applied and remitted to the City differently than the general sales tax revenue category, it generally follows similar collection patterns and came in higher than budget due to the relaxing of COVID-19 related restrictions as the year progressed. 4. Transient Occupancy Tax +$805,942 Transient Occupancy Tax (TOT) collection was the most dramatically impacted by the COVID-19 pandemic and associated restrictions on travel. TOT revenue for FY 2020-21 was $6.7 million which was $0.8 million, or 13.7 percent, higher than amended budget which included a $2 million downward revision to this category from original budget during the mid-year review. The revision was made due to the unanticipated extended impacts of the pandemic on hotel occupancy. The full extent of the revision did not manifest, however, as travel restrictions eased as the second half of the year progressed and occupancy rates started to increase. By way of comparison, pre-pandemic TOT revenue (FY 2018-19) was $17.1 million. 5. Other Taxes +$1,411,558 This category includes Real Property Transfer tax, Business License tax and Commercial Parking Tax. In FY 2020-21, total other tax revenue was $4.5 million which was $1.4 million, or 45.3 percent, above the amended budget. The main reason for this variance were Real Property Transfer tax coming in $1 million above the amended budget. 6. Building & Fire Permits +$593,505 In FY 2020-21, permit revenue reflected the numerous residential and commercial developments currently under construction in South San Francisco. As such, the City’s permit revenue reached a total of $15.6 million which was $0.6 million, or 4.0 percent, greater than amended budget and close to the prior year’s record of $15.9 million. Permit revenues are largely dependent upon prevailing winds in the local development environment. Staff from the Finance and Economic & Community Development departments meet regularly to review developments that are entitled, permitted, and under construction to project one-time permit and impact fee revenues, as well as the impact to recurring tax revenues. 7. Fines & Forfeitures -$253,499 Fines and Forfeitures revenue totaled $0.5 million in FY2020-21 which was $0.3 million, or 32.1 percent, lower than the amended budget. This was due to reduced traffic levels which continued well into the year and enforcements (i.e., parking/street cleaning fines) remaining less of a priority during the period of COVID-19 related restrictions on residents. 8. Intergovernmental +$1,062,519 The City received a total of $4.3 million in revenue from other government agencies which City of South San Francisco Page 5 of 19 was $1.1 million, or 32.6 percent, higher than the amended budget. The increase largely reflects the timing difference between when grants are accepted by Council and when monies are actually received by the City. Grants for departmental efforts, like fire suppression, street sweeping services and traffic signal maintenance, public safety OTS grants, and grants for the Library Department are often not received until the fiscal year following the actual approval by Council. 9. Charges for Services -$545,501 Charges for Services revenue for FY2020-21 was $6.5 million, which was $0.5 million, or 7.7 percent, below the amended budget. Service charges revenue was still soft even despite the downward revision of $950,000 during last year’s mid-year review to account for the continuing impact on programs due to the pandemic-induced restrictions. The Parks and Recreation (P&R) Department, in particular, continued to be impacted during the year as many of the normal programs, like aquatics, special classes, events and picnic facility rental fees remained infeasible. Beyond P&R, the service charges also include fees for services from various City departments, including Economic & Community Development, Fire, Police, Public Works, and Library. 10. Use of Money and Property +$236,194 Revenue from Use of Money and Property came in $0.2 million, or 8.4 percent, above the amended FY 2020-21 budget for a total of $3.1 million. This positive result is primarily driven by higher interest rates on investments than were originally projected. The Finance Department conservatively projects interest income. 11. Other Revenues +$558,482 Other Revenue in FY2020-21 was $0.7 million which was $0.6 million above budget. This was solely due to the receipt of $0.6 million from Verizon in relation to a Pub lic-Private- Partnership for the deployment of wireline and wireless infrastructure within the City. B. Expenditure Variance Rationale After taking proactive measures to curb expenditures in the prior year when the COVID-19 pandemic began, the City continued with these into FY2020-21 as it became evident that some revenue streams would remain strained. Austerity measures like hiring freezes and curbing all non- essential spending aided in achieving savings in many departments. The following section highlights the variance to budget for the departments that were over budget and all those departments who realized greater than a 10% savings level. Favorable results (under budget), meaning a net positive for the City’s finances, are noted with a “-”, and conversely, unfavorable results (over budget) are noted with a “+“ in the following section. The variance analysis includes all open purchase orders and accompanying budget appropriations that were rolled over to the subsequent fiscal year. 1. City Council -$60,305 (-21.2%) City Council expenditures in FY2020-21 were $224,000, which was $60,000, or 21.2 City of South San Francisco Page 6 of 19 percent, below amended budget. Savings were seen in health-related benefits, office supplies and meeting-related expenses. 2. City Attorney +$76,995 (+8.5%) The City Attorney’s office spent $987,000 in FY2020-21 which was $77,000, or 8.5 percent above amended the budget. This overspend was wholly related to a greater request for legal services than originally anticipated. 3. City Manager +$801,530 (+15.6%) The City Manager’s Office spent/encumbered $5.9 million in FY 2020-21 which was $802,000, or 15.6 percent, above amended budget. The unfavorable budget results were primarily due to increased spending on professional and specialized services throughout the fiscal year which included additional expenses for the General Plan update, a Special Tax consulting agreement and a CEQA consulting services agreement. 4. Non-Departmental -$371,101 (-21.4%) Expenditures for the Non-Departmental program (including encumbrances) were $1.3 million which was $371,000, or 21.4 percent, below the amended budget. The Non- Departmental program primarily consists of programs and costs which benefit the City as a whole and cannot be attributed to one specific department, such as Animal Services, C/CAG and various dues and memberships. The favorable budget variance was mainly due to lower than budgeted special program expenditures within the disaster response program. 5. Economic & Community Development -$1,191,602 (-12.4%) In FY 2020-21, the Economic & Community Development Department had a favorable budget variance of $1.2 million, or 12.4 percent, with total expenditures (including encumbrances) of $8.4 million. This variance is primarily due to reduced expenditure in professional and specialized services. 6. Fire Department +$1,013,151 (+3.3%) The Fire Department ended FY2020-21 with expenditures (including encumbrances) of $32 million which was $1 million, or 3.3 percent, above amended budget. This was solely due to increased spending on payroll-related expenses, particularly overtime – this was offset partially by lower-than-expected spending in professional and specialized services. 7. Public Works +$116,713 (+2.0%) Public Works Department expenditures for FY 2020-21 (including encumbrances) were $6 million which was $117,000, or 2.0 percent, higher than amended budget. The unfavorable budget results from higher than budgeted personnel costs. III. FY2020-21 SUMMARY RESULTS FOR OTHER FUNDS Separate from the General Fund, the ACFR reports the financial results for the various other funds City of South San Francisco Page 7 of 19 within the City. The following outlines the year end information for the notable funds within the City. 1. Common Green Funds The Common Green Funds include a collection of landscape maintenance district funds in the Westborough area - West Park, Stonegate Ridge, and Willow Gardens. A portion of the City’s share of the one percent property tax levy supports this area. FY 2020-21 revenues were $2.2 million, $411,000 above expectations of $1.8 million. On the expenditure side, the Common Greens expenditures were $1.6 million of the $2.2 million budget. FY 2020-21 expenditures were $556,000 less than anticipated. Overall, the fund balance for the Common Greens Fund as of June 30, 2021 was $4,816,000. 2. Capital Improvement Programs The Capital Improvement Program (CIP) Fund accounts for expenditures associated with the acquisition, construction, or improvement of City owned facilit ies and infrastructure. Funding comes from various sources like the General Fund, special revenue funds, grants, and fees. The CIP fund accounts for capital expenses on a pass-through basis. Therefore, unexpended capital budget appropriations are carried over to the subsequent fiscal year until the projects are either finished or closed out. Of the $84.7 million in amended appropriated budget in prior years, $62.5 million was carried over into FY 2021-22. 3. Programs Special Revenue Fund The City Programs Special Revenue Fund accounts for donations and other accounts that is dedicated for particular programs. Due to the restrictions related to all monies received into this fund, this fund is not budgeted. As such, all revenues and expenses are recognized at the end of each fiscal year. The FY 2020-21 net revenues were $4.8 million. 4. Sewer Enterprise Fund The City accounts for all sewer operation transactions in a dedicated enterprise fund. The Sewer Enterprise Fund independently supports all aspects of the City's sewer operations, including capital improvements, collection, conveyance, and the complete secondary treatment of residential and commercial wastewater. Revenues were $53 million (including loan proceeds), falling short of projections by $49 million. Much of the budget variance was timing related. Of the expected $25 million loan from the State Revolving Fund (SRF) in FY 2020-21, the Sewer Enterprise only received a partial $15 million loan, driving much of the variance to budget. However, this is purely a timing issue. SRF loans are received on a reimbursement basis, meaning that the Sewer Enterprise pays for those capital projects first, and received the reimbursement via the SRF loan. As a result, t he remaining $10 million is expected in the current or future fiscal year(s) depending upon the pace of the project completion. Another factor affecting the variance was that services charges were City of South San Francisco Page 8 of 19 lower than projected by $5 million. The COVID-19 pandemic and resulting economic shutdown (worldwide) negatively impacted revenues from service charges, particularly from large industrial users and restaurants. On the expenditure side of the enterprise, expenditures were below expectations as the capital project expenditures related to the SRF loans were delayed. The enterprise spent a total of $52 million (includes $22 million spent on capital projects) out of the $89 million amended budgeted. Any unspent appropriations for capital projects was carried over to the current fiscal year. Overall, the net position for the enterprise as of June 30, 2021 was $105,748,210. 5. Parking District Fund In FY 2020-21, Parking District revenues totaled $771,000, which was $133,000 lower than the adopted budget. Much of the variance stemmed from reduced collections in parking meter fees in the first half of the fiscal year due to the pandemic. Parking permit fees and Miller Avenue Parking Garage was able to meet revenue expectations for the year. On the expenditure side, the Parking District realized actual expenditures of only $1.3 million; this is approximately $200,000 below the budgeted $1.5 million for the year. The variance is mainly due to the underspending of the $813,000 capital project appropriations; only $297,000 was spent in FY 2020-21. As with prior years, any unspent appropriations for capital projects will be carried forward to the following year(s) until completed and/or closed. The net position for the Parking District fund was of June 30, 2021 is $13,610,245. 6. Storm Water Fund In FY 2020-21, Storm Water revenues totaled $7 million, which is $8.6 million below the projected $15.6 million revenues. The majority of the budget variance was related to the timing of a $13.9 million Caltrans funding. The Storm Water Fund only received a partial $5.6 million driving much of the budget shortfall of $8.3 million. It is expected that the remaining Caltrans funding will be realized in the current (FY 2021-22) or subsequent fiscal year. On the expenditure side, the Storm Water Fund was below expectations with a total expenditure (including capital projects expenditures) of $6.6 million out of the budgeted $15.5 million. The variance is mainly due to the fact that only $5.6 million was spent out of the $14.3 million capital projects appropriation in FY 2020-21. Any unspent appropriations for capital projects were carried forward to the current fiscal year. The net position for the Storm Water fund was of June 30, 2021 was $11,479,239. City of South San Francisco Page 9 of 19 7. Self-Insurance Fund The Self Insurance Fund ended FY 2020-21 in the nominally positive territory, as total expenditures were $5.9 million against revenues of $6.5 million. Cost of workers compensation claims were higher compared to the prior year. 8. Measure A Fund Measure A revenues were $1.6 million, $61,000 above the projected budget of $1.5 million in FY 2020-21. On the expenditure side, the Measure A expenditures were $1.9 million, which was $2.3 million below the $4.2 million amended budget. This was primarily due to unspent project budget that will be carried forward to the next fiscal year. The fund balance for the Measure A fund as of June 30, 2021 was $2,524,000. This includes the $2.1 million designation for capital projects. IV. DEVELOPER IMPACT FEES The City has several developer impact and in lieu fees in place to ensure that new development pays its fair share of the impact to the City’s infrastructure and capital needs. The City received $14.5 million in revenue during FY 2020-21. The table below is a summary of each fund’s ending balances as of June 30, 2021. Staff presented this information to Council on January 12, 2022 as part of the required reporting under Assembly Bill 1600 (“AB 1600”), also known as the Mitigation Fee Act. AB 1600 requires agencies to report annually on the fees collected and their use. Table 2: Summary of Developer Impact Fee Fund Balance as of June 30, 2021 Fees and Charges Service Area Ending Balance Bicycle and Pedestrian Impact Fee Citywide $ 116,813 Childcare Impact Fee Citywide 6,788,327 Commercial Linkage Impact Fee (Affordable Housing) Citywide 10,211,626 Park Construction Fee Citywide 5,344,782 Park Land Acquisition Fee Citywide 1,603,773 Public Safety Impact Fee Citywide 1,499,387 Citywide Transportation Impact Fee Citywide 1,962,343 Oyster Point Interchange Impact Fee Oyster Point 38,709 Park In-Lieu Fee Plan Area 3,850,903 Sewer Impact Fee East of 101 4,144,279 Traffic Impact Fee East of 101 22,527,967 Sewer Capacity Charges Plan Area 7,726,129 Total $ 65,815,038 At the February 8th meeting, the Budget Standing Committee requested a projection of Childcare Impact Fees. The following are preliminary and based upon information available as of December 2021. Actual collections will be contingent upon the pace and completion of the expected development projects in the pipeline. City of South San Francisco Page 10 of 19 Table 3: Childcare Impact Fee Projection* Fiscal Year Amount 2022-23 $ 6,940,028 2023-24 1,549,800 2024-25 3,407,618 2025-26 3,538,336 2026-27 2,426,621 2027-28 1,777,772 2028-29 1,871,697 TOTAL $ 21,511,872 * Assumptions as of December 2021; actuals will vary. V. CURRENT FISCAL YEAR (FY2021-22) UPDATE The FY 2021-22 budget that was approved by Council on June 23, 2021 anticipated that the pandemic would have a sustained negative impact on the City’s revenues for the full fiscal year. The following section will show the revenue and expenditure results as of December 31, 2021. A. General Fund Revenues – 2nd Quarter The following table shows actual revenues as of December 31, 2021 with a comparative view of where the City’s revenues were at the same time last year (December 31, 2020): Table 4: FY 2020-21 vs. FY 2021-22 Revenues as of December 31 Revenue Types FY2020-21 FY2021-22 Budget Actuals as of 12/31 %age of Budget Budget Actuals as of 12/31 %age of Budget Taxes Property Tax 43,051,499 21,407,880 49.7% 41,074,710 18,960,305 46.2% Sales Tax 18,500,000 6,493,797 35.1% 19,531,177 6,751,685 34.6% Transient Occupancy Tax 5,904,328 2,476,118 41.9% 7,085,194 4,503,390 63.6% Other tax 3,118,206 1,996,897 63.1% 3,614,753 1,276,424 35.3% Franchise Fees 4,600,000 1,064,940 23.2% 4,600,000 1,152,788 25.1% Licenses and Permits 14,995,496 7,403,837 49.4% 16,453,166 6,358,504 38.6% Fines & Forfeitures 789,249 234,236 29.7% 676,975 278,189 41.1% Intergovernmental 3,260,630 1,171,755 35.9% 4,436,411 1,572,853 35.5% Charges for Services Planning 209,562 72,822 34.7% 209,562 117,222 55.9% Fire 2,076,314 1,448,756 69.8% 2,626,314 1,216,279 46.3% Parks & Recreation 1,966,522 370,425 18.8% 2,973,722 849,034 28.6% Police 727,811 418,982 57.6% 938,811 530,612 56.5% City Admin & Other 2,081,448 1,078,537 51.8% 2,546,262 916,637 36.0% Money & Property 3,827,794 1,680,319 43.9% 4,194,976 1,493,658 35.6% Other Revenues 175,341 62,576 35.7% 259,383 555,538 214.2% Transfers In 2,323,872 765,014 32.9% 2,207,080 510,302 23.1% TOTAL REVENUES $107,608,069 $ 48,116,893 44.7% $ 113,428,495 $ 47,043,421 42.0% As shown in the above table, projected revenue for FY 2021-22 is $113.4 million – approximately $5.8 million more than the FY2020-21 budget. Actual revenue collections are lower on a percentage of budget basis than where the City was at the same time last year (42.0% vs. 44.7%). City of South San Francisco Page 11 of 19 The following highlights the recommended revenue adjustments to the FY2021-22 budgets. 1. Property Tax. The real estate market remains strong as homeowners continue to make improvements on their existing homes and new construction are added to the tax roll. Property tax comprises almost 40% of the General Fund’s total revenue. Property tax is allocated to the City in two large installments (December and April). Our records show property tax collections have reached 46% of our projection as of December 31, 2021. The $18.9 million collected does not include the $2.3 million of Excess ERAF that is expected in the first half of FY 2021-22. Staff recommends no change to the projections. 2. Sales Tax. There is about a two-month lag in the collection of sales tax receipts. The bulk of the sales tax figures shown above represent sales tax collection for July-November. Collections during the first half of the year mirrors prior year’s figure in dollar amount and in percentage to budget. The most recent report by the City’s sales tax consultant shows sales tax receipts for the 3rd quarter of 2021 had a modest increase of 2.8% when compared to the same quarter in 2020. With COVID restrictions easing, along with the general inflation in the region, staff is recommending an increase in the sales tax revenue forecast of an additional $0.75 million—increasing projections to $20.28 million. 3. TOT. This revenue stream, most impacted by the pandemic-imposed travel restrictions, continues to demonstrate a slow (but relatively steady) recovery. Collections as of December 31st are almost double the prior year’s amount ($4.5 million vs $2.4 million). However, $4.5 million constitutes only half of what was collected in the first two quarters of FY 2019-20 before the pandemic. Staff recommends increasing the current revenue projection by $1.5 million to $8.5 million for the current fiscal year. 4. Other Tax. Commercial parking tax demonstrates signs of a moderate recovery for the first half of the year. Actual collections are almost double the budget and is three times the collection from the prior year’s first half. Revenues from business license are in line with our expectations. Staff recommends no change to the forecast. 5. Licenses & Permits. Fire permits are in line with our expectations. However, electric, plumbing and mechanical permits have been issued at a slower pace for the first half of the year. While revenue collections are $1.3 million less than prior year, staff recommends no forecast changes in anticipation of a stronger development climate in the second half of the year. 6. Service Charges. Service charges are another revenue category that has been unduly affected by the pandemic. Revenues from P&R services charges experienced an all-time low in the prior fiscal year as programs were shuttered due to COVID restrictions. For the City of South San Francisco Page 12 of 19 first half of FY 2021-22, revenues from facility rentals, day care programs, aquatic programs and various classes are showing signs of gradual recovery. However, current collection is far from reaching the pre-pandemic level in terms of dollars ($850,000 vs. $2 million) and percentage of budget (29% vs 43%). Given the prolonged effects of the pandemic, exacerbated by recent rise of the Omicron variant, staff recommends that revenue expectations be decreased by $1.5 million to $7.8 million. If approved by Council, the above changes would result in increasing the overall revenue budget for FY 2021-22 by $0.75 million to $114.18 million. B. General Fund Expenditures – 2nd Quarter The following table shows the actual expenditures by Department that have been processed through December 31, 2021: Table 5: FY 2020-21 vs. FY 2021-22 Expenditures as of December 31 Expenditures FY2020-21 FY2021-22 Budget Actuals as of 12/31 % of Budget Budget Actuals as of 12/31 % of Budget City Council Payroll 205,970 82,182 40.9% 213,836 62,876 29.4% Supplies & Services 34,819 3,206 9.2% 34,819 15,528 44.6% Interdepartmental Charges 43,772 21,674 49.5% 43,772 21,674 49.5% Total 284,561 107,062 37.6% 292,426 100,078 34.2% City Clerk Payroll 849,578 447,030 52.6% 904,828 379,489 41.9% Supplies & Services 198,503 33,115 16.7% 258,503 31,393 12.1% Interdepartmental Charges 48,513 23,892 49.2% 48,513 23,892 49.2% Total 1,096,594 504,037 46.0% 1,211,844 434,774 35.9% City Treasurer Payroll 60,435 19,334 32.0% 60,156 16,236 27.0% Supplies & Services 82,200 41,697 50.7% 97,200 53,795 55.3% Interdepartmental Charges 2,889 1,445 50.0% 2,889 1,445 50.0% Total 145,524 62,476 42.9% 160,245 71,475 44.6% City Attorney Supplies & Services 893,150 318,849 35.7% 893,150 292,105 32.7% Interdepartmental Charges 16,899 8,400 49.7% 16,899 8,400 49.7% Total 910,049 327,249 36.0% 910,049 300,505 33.0% City Manager - Payroll 2,025,976 1,175,458 58.0% 2,437,586 1,330,951 54.6% Supplies & Services 3,061,886 510,031 16.7% 2,940,283 749,402 25.5% Interdepartmental Charges 44,144 21,465 48.6% 44,144 21,465 48.6% Total 5,132,005 1,706,954 33.3% 5,422,012 2,101,818 38.8% Finance Payroll 2,224,949 1,204,381 54.1% 2,993,438 1,381,975 46.2% Supplies & Services 1,068,058 135,830 12.7% 992,899 100,401 10.1% Interdepartmental Charges 346,545 171,655 49.5% 346,545 171,655 49.5% City of South San Francisco Page 13 of 19 Expenditures FY2020-21 FY2021-22 Budget Actuals as of 12/31 % of Budget Budget Actuals as of 12/31 % of Budget Total 3,639,552 1,511,865 41.5% 4,332,882 1,654,031 38.2% Non-Expense/Dept. Payroll 146,785 39,130 26.7% 6,760 5,873 86.9% Supplies & Services 1,590,638 861,774 54.2% 1,287,492 307,090 23.9% Transfers 500,000 250,000 50.0% 500,000 250,000 50.0% Total 2,237,423 1,150,904 51.4% 1,794,252 562,963 31.4% Human Resources Payroll 1,474,719 788,221 53.4% 1,547,671 844,050 54.5% Supplies & Services 448,320 34,667 7.7% 622,068 98,544 15.8% Interdepartmental Charges 108,465 53,667 49.5% 108,465 53,667 49.5% Total 2,031,503 876,555 43.1% 2,278,204 996,261 43.7% Economic & Comm Development Payroll 4,577,900 2,943,426 64.3% 5,264,926 2,941,084 55.9% Supplies & Services 4,641,331 633,937 13.7% 6,534,753 1,821,038 27.9% Capital Outlay 60,000 - 0.0% 60,000 - 0.0% Interdepartmental Charges 327,516 160,063 48.9% 327,516 160,063 48.9% Total 9,606,747 3,737,426 38.9% 12,187,196 4,922,184 40.4% Fire Payroll 26,567,330 15,854,934 59.7% 25,703,062 16,128,428 62.7% Supplies & Services 2,577,151 547,095 21.2% 2,214,078 685,887 31.0% Interdepartmental Charges 1,865,577 814,544 43.7% 1,797,246 814,544 45.3% Total 31,010,490 17,216,573 55.5% 29,714,386 17,628,859 59.3% Police Payroll 28,575,330 15,682,757 54.9% 28,847,289 16,609,864 57.6% Supplies & Services 1,474,257 564,893 38.3% 1,718,831 546,176 31.8% Interdepartmental Charges 1,970,653 972,255 49.3% 1,970,653 972,255 49.3% Total 32,020,240 17,219,905 53.8% 32,536,774 18,128,296 55.7% Public Works Payroll 2,825,654 1,626,023 57.5% 3,353,119 1,739,058 51.9% Supplies & Services 1,971,065 637,900 32.4% 1,827,878 508,931 27.8% Interdepartmental Charges 1,059,984 526,742 49.7% 1,059,987 526,742 49.7% Total 5,856,703 2,790,665 47.6% 6,240,981 2,774,732 44.5% Library Payroll 4,750,472 2,603,852 54.8% 5,148,174 2,492,631 48.4% Supplies & Services 857,109 339,343 39.6% 816,734 478,180 58.5% Interdepartmental Charges 638,314 305,471 47.9% 638,314 305,471 47.9% Total 6,245,744 3,248,565 52.0% 6,603,222 3,276,282 49.6% Parks and Recreation - - Payroll 11,735,452 6,647,583 56.6% 12,980,119 6,972,204 53.7% Supplies & Services 3,306,407 1,101,632 33.3% 3,391,843 1,458,097 43.0% Interdepartmental Charges 982,306 488,598 49.7% 982,306 488,598 49.7% Total 16,024,164 8,237,812 51.4% 17,354,268 8,918,899 51.4% CIP Transfers 7,429,073 830,759 11.2% 3,896,254 61,627 1.6% Total 7,429,073 830,759 11.2% 3,893,254 61,627 1.6% City of South San Francisco Page 14 of 19 Expenditures FY2020-21 FY2021-22 Budget Actuals as of 12/31 % of Budget Budget Actuals as of 12/31 % of Budget Total General Fund Expenditures 123,770,523 59,528,807 48.1% 124,934,996 61,932,783 49.6% Information Technology* - Payroll 1,631,965 866,105 53.1% 1,675,719 865,265 51.6% Supplies & Services 2,573,355 680,945 26.5% 2,532,189 638,991 25.2% Interdepartmental Charges 10,469 5,234 50.0% 10,469 5,235 50.0% Total 4,215,789 1,552,284 36.8% 4,218,377 1,509,491 35.8% * Non-General Fund; budgeted as internal service fund in Fund 785. The expenditures outpacing revenues are fairly typical for the City this time of year. In the first half of the fiscal year, actual expenditures were greater than revenues by $14.9 million (revenues of $47.0 million less expenditures of $61.9 million). Much of this mismatch is due to how the City pays its unfunded actuarial liability (UAL) to CalPERS. In order to receive a discount, the City pays CalPERS its UAL payment in July as a lump sum. This year, the UAL paid out of the General Fund exceeded $13.5 million. The City’s total UAL payment across all funds for the current fiscal year was $15.625 million. C. ADDITIONAL GENERAL FUND APPROPRIATIONS REQUEST The following are additional General Fund expenditure appropriations request totaling $332,000. 1. Non-Departmental $25,000 Earlier this fiscal year, the City entered into a Memorandum of Understanding (MOU) with San Mateo County to fund a Mental Health Clinician who would assist the Police Department with mental-health related calls by providing appropriate, compassionate care involving non-violent individuals. Additional appropriation is necessary to fund the City’s financial obligation under the MOU for the remainder of the current fiscal year. While accounted for as non-departmental for the current fiscal year, the budget for the Mental Health Clinician under the MOU will be included in the budget for the Police Department for future years. 2. Public Works $55,000 Additional appropriations are being requested to fund part-time staff for graffiti remediation along with right of way maintenance for the remainder of the fiscal year. 3. Parks and Recreation Department Concert in the Park $150,000 An enhanced “Concert in the Park” at Orange Memorial Park will require the above additional appropriations. While some of the funding may be offset through future City of South San Francisco Page 15 of 19 fundraising, the appropriations are necessary to secure the contracts for performers and vendor tents, for example, along with other costs associated with executing an event of this scale. Irrigation Designer for Centennial Dr. Chestnut Ave. Line $30,000 Additional funds are sought to cover costs to hire an irrigation designer to understand the costs related to upsizing the main irrigation line to get it across from Centennial Dr. to Chestnut Ave. This would be seed funding for the study and future additional funding necessary would be included as part of the FY 2022-23 CIP. 4. CIP (Parks and Recreation) $72,000 Additional funding will be used for the necessary breezeway improvements next to Starbucks on Grand Ave. In addition to the above, given the continuing economic recovery, all frozen positions citywide are being unfrozen. As vacancies take time to recruit, additional appropriations are not being requested at this time. Departments, with the aid of the Human Resources Department, will recruit for those vacancies, but the commensurate budget necessary will be absorbed via current appropriations. Any necessary additional appropriations will be accounted for with the FY 2022-23 Budget process. D. ADDITIONAL NON-GENERAL FUND APPROPRIATIONS REQUEST The following are the additional non-General Fund expenditure appropriations requests totaling $1.52 million from Infrastructure Reserves: 1. Employee Down Payment Assistance Program $650,000 Funding Source: Infrastructure Reserves An additional $650,000 is being requested from Infrastructure Reserve to further fund City’s Down Payment Assistance Program. Council had approved an appropriation of $1 million for this effort in prior years. The additional appropriation would allow an expansion of the number of employees who would be able to receive down payment assistance in the future. 2. Employee Rental Assistance Program $50,000 Funding Source: Infrastructure Reserves Seed funding of $50,000 is requested to establish a pilot employee rental assistance program. The program would make funding available to assist employee households that are unable to make the initial security deposit required to secure rental housing within the local area. 3. Parks and Recreation Vehicle Replacement $820,000 Funding Source: Infrastructure Reserves The above funding is being requested in order to purchase of 5 new vehicles, 6 replacement vehicles, plus a trencher and mower to support the department’s efforts. City of South San Francisco Page 16 of 19 E. AMERICAN RESCUE PLAN ACT (ARPA) In June 2021, the City received $6.14 million (50 percent) of its $12.3 million American Rescue Plan Act (ARPA) financial award. The remaining half will be received around June 2022. The following table shows the planned allocation of these funds to various projects: Table 6: ARPA Funded Project Summary Description Total Project Cost Tranche 1 (2021) Tranche 2 (2022) Amount Appropriated Economic Advancement Center $ 2,000,000 $ 1,000,000 $1,000,000 $1,000,000 Guaranteed Income Program 1,000,000 1,000,000 - 1,000,000 Food Voucher Program 100,000 100,000 - 100,000 Spit Sea Level Rise 30,000,000 1,000,000 3,000,000 1,000,000 City Operations – COVID Recovery 3,400,000 1,560,000 370,000 - Youth Summer Internship Program 300,000 100,000 200,000 - City Broadband Expansion TBD 1,000,000 1,000,000 1,000,000 Community Navigator Program 500,000 - - - Community Promotores Program 70,000 - 70,000 - Francisco Terrace Flood Prevention 620,000 120,000 500,000 120,000 Restaurant Grants 260,000 260,000 - - TOTAL -- $6,140,000 $6,140,000 $4,220,000 The table above shows that, to date, $4.22 million has been appropriated directly from ARPA funds. The above cells highlighted in green are the current appropriations request – either as a “clean-up” appropriation or due to current program needs. The details are as follows: 1. Economic Advancement Center (Tranche 2) $1,000,000 The establishment of the Economic Advancement Center is currently actively underway. Staff is requesting that Council recognize the Tranche 2 of ARPA ($6.14 million in revenues) that are expected to be received before the end of the current fiscal year and appropriate the additional $1,000,000 earmarked for the Economic Advancement Center. 2. City Operations – COVID Recovery (Tranche 1) $1,560,000 An allowable use for ARPA is to support the operational costs related to COVID. When Council adopted the FY 2021-22 Adopted Budget, a portion of the General Fund budget was to be balanced through the transfer of ARPA funding. Council is being asked to appropriate the $1.56 million to reimburse the City’s General Fund for COVID-related costs such as public safety and public health efforts that have already been undertaken by various City departments. 3. Youth Summer Internship Program (Tranche 1 & 2) $300,000 The City’s Youth Summer Internship Program was approved in concept by City Council in October 2020 with General Fund funds appropriated at that time. An update to Council was provided in March 2021 whereupon, given the direct negative impacts of COVID -19 on South San Francisco’s youth population and job opportunities for them, ARPA funds were identified as a suitable source of funding. The program ran for seven weeks in Summer 2021, providing fifteen South San Francisco youth with valuable paid short-term intern positions in City departments. The $100,000 appropriation is a “clean-up” item to City of South San Francisco Page 17 of 19 reimburse the General Fund for the Summer 2021 program. The $200,000 appropriation is necessary in order to begin establishing the program for Summer 2022 and beyond. 4. Community Promotores Program (Tranche 2) $70,000 The COVID-19 pandemic highlighted the critical role that governments have in providing health and human services to its residents. However, the fact remains that in the more vulnerable communities, linguistic and/or cultural barriers often inhibit access to these critical services and/or civic engagement. Appropriations are being requested to kick start the Community Promotores Program, which aims to have a focused outreach to the underserved communities within South San Francisco to assist in connecting those residents with critical health and social services resources. 5. Restaurant Grants – SAMCEDA (Tranche 1) $260,000 The City moved quickly to provide aide to South San Francisco businesses negatively impacted by the COVID-19 pandemic through the “San Mateo County Strong” initiative coordinated by the San Mateo County Economic Development Association (SAMCEDA). Prior to receipt of the ARPA funds, twenty-six qualifying businesses were awarded $10,000 grants to assist with operational and other costs incurred as a result of COVID-19 impacts with funds coming from already appropriated General Fund budget. This is a “clean-up” appropriation to reimburse the General Fund following the receipt of ARPA funding. VI. RESERVES OVERVIEW & CONSIDERATIONS In FY 2020-21, General Fund revenues, excluding Measure W, were $110.1 million. In keeping with the City’s Reserve Policy of maintaining 20 percent of operating revenues which follows the Government Finance Officers Association’s (GFOA) best practice, the City’s General Fund reserves levels were reduced by approximately $2.2 million, from $24.1 million to $21.9 million. After meeting the reserves requirement noted above, Table 7 below shows a summary of the City’s current official Reserve Levels: Table 7: Current City Reserves Summary General Reserves $ 21,900,000 Pension Stabilization Reserves + Infrastructure Reserves $ 5,546,000 $ 13,700,000 Total Reserve Levels $ 41,146,000 The Infrastructure Reserve figure in Table 7 above is net of $5.5 million for the purchase of the land at 71 Camaritas Circle for the new Fire station and $4 million appropriated for the FY2021- 22 Capital Improvement Plan, but does not include the current $1.52 million additional City of South San Francisco Page 18 of 19 appropriations request as detailed in Section V.D. Other standalone appropriation requests to Council that may be in process are also not included in these reserve figures. In addition to the above, the City also has available an additional $15 million of unappropriated General Fund balance. These are funds available that have built up from General Fund surpluses in prior years, a release of General Reserves due to the lower operating budget as a result of COVID, along with active fund clean-up conducted by the Finance Department to ensure all General Fund reimbursements are accounted properly. When considering use of the General Fund unassigned fund balance, it is important to bear in mind that adoption of the mid-year appropriation requests in Section V.C. of this report will use up part of this “surplus” as will any potential deficit (revenues less expenditures) that may be experienced by the General Fund during the current year, so sufficient room should remain to absorb these movements. The unassigned fund balance also acts as a buffer allowing for the natural ebb and flow within the General Fund that occurs during the year as a result of the mismatch between when revenues are received and expenditures are incurred. Please see Table 8 which shows the unassigned fund balance including the General Fund mid-year appropriations requests herein: Table 8: FY 2020-21 General Fund Surplus Summary FY2020-21 General Fund Surplus $ 15,000,000 Adjustments - Budgeted Shortfall for FY2021-22 ($ 2,800,000) + Add’l Proj. Revenue Adjustments $ 750,000 - Mid-Year Appropriations Request ($ 332,000) Total Adjustments ($ 2,382,000) General Fund Surplus less Adjustments equals: Net GF Unappropriated Surplus $ 12,618,000 It is recommended that $8.5 million of the $12.6 million in General Fund surplus be transferred to the Infrastructure Reserve Fund, with the remaining $4.1 million to serve as a buffer for any cashflow deficits in the future fiscal year(s) as the City faces rising payroll and other costs. According to a report released by Standard & Poor’s on January 6, 2021, the outlook on the U.S. Local Government Sector remains negative. As it states, “Local governments that have weaker financial reserves and less flexibility, and don’t proactively manage their budgets in 2021, will be most at risk for credit deterioration.” The increase in CPI for the Bay Area for calendar year 2021 was 4.3%; nationally, it was 7.0%. Given those facts, the City will need to bolster its liquidity position in order to absorb rising levels of inflation. Combined with rising costs anticipated across all categories – payroll, benefits, services, and materials – staff cautions the against rapid depletion of fund balance in order to maintain the current service levels. Staff also strongly recommends that any appropriations from the surplus be limited to one-time projects, versus funding ongoing needs such as increasing staff or continuing operating costs. As City of South San Francisco Page 19 of 19 a financial best practice, one-time revenues should be used for one-time expenditures. Possible future one-time needs include: Table 9: Unfunded Capital Projects Description Estimated Cost* 1 Oyster Point Sea Level Rise Protection $30M 2 Colma Creek/Oak Ave Bridge Replacement $7M 3 Building Repairs/Upgrades $3M 4 Replace Fire Station 63 (MSB) $25M 5 New Finance Computer System $5M 6 Grand Avenue Improvements $4M 7 Grand Boulevard Initiative Mediates $3M 8 Park Renovation / Expansion $7.5M 9 Oak Avenue Extension $15M 10 Annex Reconstruction $30M * Very preliminary and expected to change when requirements are better understood. Additionally, medium-sized maintenance obligations related to city buildings, parks and other public spaces continue to require funding. The City’s CalPERS (California Public Employees’ Retirement System) obligations are another category where available surplus could be spent. CONCLUSION The results of the FY2020-21 ACFR reflects the robust development and strength of the larger Bay Area economy. While from a cashflow perspective the City did have a nominal deficit, the high fund balance, attained by the City’s early actions at the beginning of the pandemic to be fiscally conservative, allowed the City to operate while maintaining and even enhancing services for the residents. Limiting non-essential spending, enacting hiring freezes, and eliminating non- mission critical encumbrances allowed the City’s to maintain its solid financial standing. An analysis of the actuals for the first half of the current fiscal year shows that the City is currently on pace to meet budget targets. The question remains for Council in terms of which community needs and projects will be addressed with the funds available in the General Fund and Infrastructure Reserves as discussed herein. The pandemic continues to affect the City. The travel industry still remains shackled by slower than expected recovery in business travel, affecting TOT, and service charges are still low, reflective of the sustained negative impacts of COVID on City programs. However, the negative effects of the pandemic are tempered by the City’s diverse revenue streams, combined with prudent policy decisions, all of which is reflected in the City’s enviable AAA-rating from S&P. Staff recommends that the City Council approve the resolution accepting the ACFR and financial results for the first half of FY2021-22 and appropriating additional funds as described herein. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-308 Agenda Date:4/27/2022 Version:1 Item #:14a. Resolution approving the transfer of $8.5 million from General Fund surplus fund balance to the Infrastructure Reserves as recommended in the FY2021-22 Mid-Year financial update to City Council on February 23rd, 2022. WHEREAS,the City’s Finance Director provided a verbal presentation and written staff report to City Council during the FY2021-22 Mid-Year financial update at the February 23rd City Council meeting; and WHEREAS,within that presentation and staff report,a recommendation was given to transfer $8.5 million from General Fund surplus fund balance to the Infrastructure Reserves fund; and WHEREAS,the associated resolution that was passed did not provide express authority to transfer said funds from General Fund surplus fund balance to the Infrastructure Reserves fund; and WHEREAS,authority to transfer $8.5 million from General Fund surplus fund balance to the Infrastructure Reserves fund is hereby now provided. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council approves the transfer of $8.5 million from General Fund surplus fund balance to the Infrastructure Reserve fund. ***** City of South San Francisco Printed on 5/4/2022Page 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 #:22-187 Agenda Date:4/27/2022 Version:1 Item #:15. Report regarding a resolution authorizing City Manager to execute the Second Amendment to the consulting services agreement between the City of South San Francisco and ABB Testing of Palo Alto,California,for the Community Civic Campus:Phase II Library,Parks &Recreation and Community Theater/Council Chamber (LPR)(Project No.pf2103)in an amount not to exceed $132,000 for consulting services for a total contract amount of $224,620. (Jacob Gilchrist, Director of Capital Projects) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing City Manager to execute the Second Amendment to the existing consulting services agreement with ABB Testing for Testing Services in an amount not to exceed $132,000 for a total contract amount of $224,620 for testing services on the Community Civic Campus:Phase II Library,Parks &Recreation and Community Theater/Council Chamber (LPR) (Project No. pf2103) BACKGROUND/DISCUSSION Staff issued a Request for Proposal (RFP)for Building Envelope Testing and Inspection Services on June 18, 2021.The RFP was available on the City of South San Francisco e-Procurement portal.Kitchell CEM contacted over 15 consultants from the City of South Francisco prequalified list to maximize outreach and consultant interest. The RFP was also advertised in San Mateo Daily Journal on June 11 and June 18, 2021. Two proposals were received on the due date of June 23,2021.Both firms were prequalified and worked for the City of South San Francisco in the past.After reviewing the submitted scope of work and cost proposals, Staff selected ABB Testing as the best valued consultant.ABB Testing has a long relationship working for the City of South Francisco in various projects.In addition,ABB testing was the less expensive of the two bidders based on each phase of work and the overall cost. Selection of consulting services is not based on the lowest bidder,but on the firm’s expertise,experience,and references.Once the most qualified firm is determined,staff negotiates a fee proposal and any changes deemed necessary to obtain a reasonable cost for the scope of work.However,in this case,ABB testing was the less expensive of the two bidders based on each phase of work and the overall cost. At Staff’s request,the proposal was broken into three phases of work because at the time it was unclear if all work would need to be performed.To avoid carrying multiple contracts with the same vendor,Staff requested a complete proposal in the event that all work would need to take place.Following review of the proposals,Staff approved Phase 1 and executed an agreement with ABB Testing,and then later Phase 2 via execution of the First Amendment.Phases 1 and 2 have a combined value of $92,620,below the City Manager’s signing authority of $150,000.In February 2022 it became clear that the project would need Phase 3 of the inspection services.While the initial two phases were below the City Manager’s $150,000 signing authority,adding Phase 3 exceeds this threshold.For this reason,staff is bringing this item to City Council for approval at this time. The total not-to-exceed amount on the contract,as amended by the Second Amendment,would be $224,620. The Second Amendment would add $132,000 to the contract, including a 10% contingency. No additional funds are necessary to execute this Second Amendment.In the LPR budget summary presentedCity of South San Francisco Printed on 4/28/2022Page 1 of 2 powered by Legistar™ File #:22-187 Agenda Date:4/27/2022 Version:1 Item #:15. No additional funds are necessary to execute this Second Amendment.In the LPR budget summary presented to City Council on November 9,2020,with the award of construction contract to Swinerton Builders,a total of $1,217,264 was budgeted for Special Inspection and Testing Services necessary for construction as part of the total approved budget of $103,000,000.This scope of work will be paid out of this Special Inspection and Testing Services budget line. Initially,Staff prepared a consulting service agreement for the consultant for an initial term of July 9,2021,to December 31,2021.The contract duration was revised with the 1st Amendment to December 31,2022.The completion of the agreement will be revised with the 2nd Amendment to June 30,2023,the current substantial completion date for the project. Description Date Amount Original Agreement July 9, 2021 $21,120 Amendment #1 August 20, 2021 $71,500 Amendment #2 April 13, 2022 $120,000 Contingency 10%$ 12,000 Total Contract Value:$224,620 FISCAL IMPACT There is no additional fiscal impact to the project budget approved on November 9, 2020, by City Council. RELATIONSHIP TO STRATEGIC PLAN This effort is included in the City’s Strategic Plan. It aligns with Priority #2 which is focused on enhancing quality of life and Priority #3 which is focused on enhancing public safety. CONCLUSION Staff recommends the City Council authorize the City Manager to execute the Second Amendment to the Consulting Services Agreement with ABB Testing for Testing and Inspection Services based on their qualifications, experience, references and understanding of the project. Attachments: 1.Exhibit A Special Inspection and Testing Scope of Services 2.Exhibit B Special Inspection and Testing Schedule City of South San Francisco Printed on 4/28/2022Page 2 of 2 powered by Legistar™ July 9, 2021 (Revised 04/14/2022) City of South San Francisco ATTN: Jacob Gilchrist, Director of Capital Projects 500 North Canal Street San Francisco, CA 94080 CC: Mr. Farshid Samsami Senior Project Manager Kitchell CEM 71 Stevenson Street, Suite 400 San Francisco, CA Re: Proposal for Third-Party Building Envelope Testing and Inspection Services South San Francisco Community Civic Campus – Phase 2 Library, Parks & Recreation and Community Theater (City Project pf2103 – RFP #2652) 400 Grand Avenue South San Francisco, CA 94080 ON: 2012-01574 Dear Mr. Gilchrist, ABB Testing (ABBT) is pleased to present City of South San Francisco (City) and Kitchell CEM (Kitchell) with this proposal to provide Third-Party Building Envelope Testing and Inspection Services for the above referenced project located in South San Francisco, California. At Kitchell’s request, we have revised our original proposal to remove the Below-Grade Monitoring services scope/fee, since this scope was pulled out and put into a separate proposal. Our revised fee total is provided in the enclosed Attachment 8 – Inspection Cost Worksheet. Background To assist us with our proposal, you have provided us with the project RFP issued June 18, 2021 including project bidding documentation, plans and specifications. Smith Group is the project’s Architect of Record. It is our understanding that this project involves the construction of Phase 2 of the City of South San Francisco’s Library, Parks and Recreation project, which includes four key components including: an 84,250 SF, three-story building; a 12,400 SF parking garage; surface parking; and a 1.35-acre park. The planned exterior building envelope assemblies include cement plaster, stucco finish, planted green screen over stucco, curtain wall, operable glazing, and spandrel / vision glass. Estimated total project construction value is $81,372,971. At this time, The City of South San Francisco through Kitchell, the project’s Construction Manager, is requesting ABBT to provide third-party building envelope testing services for the systems listed. Based on our review of project specifications, ABBT is proposing to pro vide the following testing and inspection services via the following test methods: • Electronic Leak Detection (ELD) Testing o 07 14 13 Hot Fluid Applied Waterproofing – 3.10.B Field Quality Control ▪ Low-Voltage ELD Testing via Platform Scanner • Adhesion Testing o 07 92 13 Exterior Joint Sealants – 3.5.C Field Quality Control ▪ Non-Destructive Field Adhesion Testing – 3.5.C.1 ▪ Destructive Field Adhesion Testing – 3.5.C.2 Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 2 of 9 ▪ Visual Observations – 3.5.C.3 • Fenestration Water Spray Testing using hose and nozzle via AAMA 501.2 o 08 42 26 Exterior Glass Entrances – 3.3.B o 08 43 13 Aluminum Framed Storefronts – 3.5.F.1 o 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.E o 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.F o 08 62 00 Unit Skylights – 3.3.B • Fenestration Water Penetration and Air Leakage Testing using chamber via ASTM E1105 & E 783 o 08 42 26 Exterior Glass Entrances – 3.3.E.2-3 o 08 43 13 Aluminum Framed Storefronts – 3.5.F.2-3 o 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.E.1-2 • Fenestration Water Penetration using chamber via ASTM E1105 o 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.F.4 • Field Quality Assurance (QA) Observations o 07 27 00 Air Barriers – 3.4.B ▪ 4 visits o Exterior Building Envelope/Waterproofing ▪ 7 visits • Roofing • Exterior walls / waterproofing • Sealants • Curtain Wall • Field Water Penetration Resistance Testing o 07 27 00 Air Barriers – 3.4.C Field Quality Control, Testing ▪ 3 days of testing per ASTM E1105 ABBT Recommended Services (as needed by Kitchell): The following services are based on past requests from Kitchell for observations of building envelope and waterproofing systems. At this time, ABBT recommends a limited number of site visits that can be performed as directed by Kitchell. We recommend: Based on our understanding of your project requirements and our experience with similar projects, ABBT proposes the following scope of service: Scope of Services 1. Electronic Leak Detection (ELD) Testing (2,200 SF Level 2 Plaza HRA Waterproofing) Electronic Leak Detection (ELD) Testing Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 3 of 9 a) Receive and review available as-built or record drawings, plans, specifications, and other relevant documentation to provide our Staff with an understanding of the proposed project and existing conditions for preparing our testing protocol. b) Prepare testing protocol, check-list, and testing equipment in accordance with ASTM D7877. c) Conduct site visits to perform Low-Voltage ELD testing on waterproofing membrane. Observations will be documented with field notes, sketches, and photos which will be summarized our report. i. Prior to testing any exposed membrane, voids, deficiencies, defects or concerns will be documented. ii. This proposal assumes Owner will provide a potable water source with a minimum 30 psi water pressure and 110-volt exterior grounded power supply within or directly adjacent to the propose d testing area(s). ABBT will provide ASTM compliant or uniform ELD testing equipment. iii. This proposal includes one (1) full-day site visit for the waterproofing ELD testing and observation. d) Prepare an ELD Testing Report. The Testing Report will include: i. Description of the testing we performed. ii. Written descriptions of our observations and ELD testing results. iii. Roof sketch location observed and ELD identifying deficiencies e) Re-testing is EXCLUDED from this proposal. ABBT can provide an additional services agreement for re-testing if requested. f) Report to be provided to the Owner in electronic (PDF) format and will be made available within 72 hours of our final site visit 2. Field QA Observation and Adhesion Testing (Exterior Sealant Joints) Specification section does not outline the number of observations but does outline the frequency. The following is ABBT’s recommendation based on the scale of the project. a) Conduct site visits to perform adhesion testing at the systems listed. Observations will be documented with field notes, sketches and digital photographs which will be the basis for our report. Scope includes: i. 07 92 13 Exterior Joint Sealants – Field Quality Control: • Assume two (2) site visits by a Field Monitor for up to 12 hours per visit inclusive of preparation, observations travel, and reporting. • Site visits will include the following based on specification section 07 92 13 – 3.5.C Field Quality Control: a. Non-Destructive Field Adhesion Testing b. Destructive Field Adhesion Testing c. Visual Observations b) ABBT will prepare written observation reports for each site visit. Field reports will conform to ABBT’s reporting requirements. Our field rep orts will be created and distributed electronically. 3. Water Spray Testing Services (AAMA 501.2) • 08 42 26 Exterior Glass Entrances – 3.3.B Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 4 of 9 o 3 visits min. • 08 43 13 Aluminum Framed Storefronts – 3.5.F.1 o 3 visits min. • 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.E o 1 visit min. • 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.F o 4 visits min. • 08 62 00 Unit Skylights – 3.3.B o 1 visit min. Total = 12 visits ABBT’s water testing scope includes the following: a) Receive and review the project documentation including as-built or record drawings, specifications, shop drawings, submittals to provide our staff with an understanding of the window construction, testing requirements and project schedule. b) Conduct water hose testing of the systems outlined above in accordance with AAMA 501.2. Observations will be documented with field notes, sketches, and photos, which will be the basis for our report. ABBT’s testing scope will include: i. Assume each day or visit includes two (2) Field Monitors on site to conduct testing and observations in accordance with the provisions of specification sections outlined above. ii. Equipment and supplies necessary to provide AAMA 501.2 testing. ABBAE will provide hoses, spray nozzle. Contractor will provide water source, access via lift if necessary. iii. On the day of testing, ABBT will set up testing equipment, and conduct the water and air infiltration testing according to the project specifications. c) EXCLUDED – Re-testing is excluded from this proposal. ABBT can provide an additional service agreement for re-testing if requested. d) Prepare a water testing report documenting the test results and our recommendations for furth er testing and/or repairs if required. Report will be provided within 3 business days of testing date. 4. Water Penetration and Air Leakage Testing Services (ASTM E1105 or ASTM E 1105/E783 combined) ASTM E 1105 and E 783 combined: • 08 42 26 Exterior Glass Entrances – 3.3.E.2 and 3 o 1 visit min • 08 43 13 Aluminum Framed Storefronts – 3.5.F.2 and 3 o 3 visits min • 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.E.1 and 2 o 1 visit min Total = 5 visits Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 5 of 9 ASTM E 1105 only: • 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.F.4 o 4 visits min ABBT’s water testing scope includes the following: a) Receive and review the project documentation including as-built or record drawings, specifications, shop drawings, submittals to provide our staff with an understanding of the window construction, testing requirements and project schedule. b) Conduct in field pressurized window water penetration resistance testing via ASTM E1105, and air leakage testing via ASTM E 783 simultaneously, for the systems outlined above. Observations will be documented with field notes, sketches, and photos, which will be the basis for our report. The water testing scope will include: i. Assume each day or visit includes one (1) Field Monitor and one (1) Consultant on site to conduct testing and observations in accordance with the provisions of specification sections outlined above. ii. ABBT will spray water from a calibrated spray rack at the exterior window locations identified in our testing protocol. Spray rack and 100’ of hoses to be provided by ABBT. Contractor will provide potable water (min. 30 psi), power, and the required scaffolding, man lifts, ladders, and other equipment as required for our staff to safely access the interior and exterior sides of the testing areas. iii. An allowance for a scissor lift rental is included in our budget. c) EXCLUDED – Re-testing is excluded from this proposal. ABBT can provide an additional service agreement for re-testing if requested. d) Contractor responsibilities for Water Testing (ABBT exclusions): i. Complete installations of sample windows are the responsibility of the Contractor. A show-up fee of full service cost will be charged to the project if the samples are not ready for testing. This fee can be back-charged to the contractor by the Owner. The following must be completed prior to testing • Window and window waterproofing installation. Cladding or exterior insulation shall not be installed as to obstruct the testing. • Exterior (if designed) and interior sealants that interface with window frame. • Drywall shall not obstruct the view of the window assembly from the interior. Drywall removal and repair necessary to observe the testing are the responsibility of the Contractor. • Scheduling and coordination of the appropriate team members on the dates of testing shall be completed by the Contractor. If ABBT is requested to handle this duty, additional time and fee will be necessary. • Contractor shall provide one (1) week’s notice to ABBT prior to testing. • Owner’s Contractor to construct test chambers as outlined in ABBT’s testing protocol, if needed. • Water providing a minimum of 25 psi at the location of the sample and power within 20 feet of the sample. Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 6 of 9 • Materials, debris, and any other obstructions shall be removed from the sample area prior to our arrival. • Access to both the exterior and interior of the testing sample. Lifts, scaffolding or swing stages shall be provided by the Contractor for samples 15 feet or higher. • If an interior buck is needed for the penetration testing, disposal of the buck shall be the responsibility of the Contractor. e) Prepare a water testing report documenting the test results and our recommendations for further testing and/or repairs if required. Report will be provided within 3 business days of testing date. 5. Field Quality Assurance (QA) Observation a) Conduct site visits to perform observations of the systems listed. Observations will be documented with field notes, sketches and digital photographs which will be the basis for our report. Scope includes: i. 07 27 00 Air Barriers – 3.4.B • Assume four (4) site visits by a Field Monitor for up to 12 hours per visit inclusive of preparation, observations travel, and reporting. b) ABBT will prepare written observation reports for each site visit. Field reports will conform to ABBT’s reporting requirements. Our field rep orts will be created and distributed electronically. ii. Exterior Building Envelope & Waterproofing: • Assume up to seven (7) half-day site visits by a Consultant for up to four (4) hours per visit inclusive of preparation, observations travel, and reporting. • Systems may include: roofing, exterior walls, exterior waterproofing, sealants, curtain wall, etc. a) ABBT will prepare written observation reports for each site visit. Field reports will conform to ABBT’s reporting requirements. Our field reports will be created and distributed electronically. 6. Water Penetration Testing Services (Air Barriers) ASTM E 1105 only: • 07 27 00 Air Barriers – 3.4.C Field Quality Control, Testing o Per Spec, assume 3 tests at 10%, 35% and 70% (up to 3 visits total) *Space Intentionally Left Blank* Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 7 of 9 Proposal Fees Our fees for testing and inspection services described above have been outlined in Attachment 8 – Inspection Cost Worksheet, which is enclosed separately. Fees are also outlined below: Completed Services: Opp # Completed Services Fee (*) 2106-02333 Field QA Observation & Adhesion Testing (Below-Grade Waterproofing) $21,120 2012-01574.01 Laboratory Mock-up Testing (by third-party lab) $71,500 Future Remaining Services (This Proposal): Item Service Phase Fee Type Fee (*) Specification Required ‘Owner’ Services 1. Electronic Leak Detection (ELD) 1a. ELD via Low-Voltage Scanner Testing $2,500 / day x 1 Day $2,500 2. Field QA Observations & Adhesion Testing 2.a 07 92 13 Exterior Joint Sealants (Incl. Non-Destructive & Destructive Field Adhesion Testing) $2,400 /day x 2 days $4,800 3. Fenestration Water Spray Testing Using Hose & Nozzle (AAMA 501.2) 3.a 08 42 26 Exterior Glass Entrances $2,950 / day x 3 Days $8,850 3.b 08 43 13 Aluminum Framed Storefronts $2,950 / day x 3 Days $8,850 3.c 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.E $2,950 / day x 1 Day $2,950 3.c 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.F $2,950 / day x 4 Days $11,800 3.d 08 62 00 Unit Skylights $2,950 / day x 1 Day $2,950 4. Fenestration Water Penetration and Air Leakage Testing (ASTM E1105 & E783) 4.a 08 42 26 Exterior Glass Entrances $3,750 / day x 1 Day $3,750 4.b 08 43 13 Aluminum Framed Storefronts $3,750 / day x 3 Days $11,250 4.c 08 44 23 Structural Sealant Glazed Curtain Walls $3,750 / day x 1 Day $3,750 5. Fenestration Water Penetration Only (ASTM E1105) 5.a 08 44 23 Structural Sealant Glazed Curtain Walls $3,750 / day x 4 Days $15,000 (Fees continued from above) Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 8 of 9 6. Field QA Observations 6.a 07 27 00 Air Barriers $2,400 /day x 4 days $9,600 6.b Misc. Exterior Building Envelope & Waterproofing $2,400 /day x 7 days $16,800 7. Field Water Penetration Resistance Testing 7.a 07 27 00 Air Barriers $3,750 / day x 3 Days $11,250 8. Equipment Allowances: 8.a Boom Lift Rental Allowance Time and Expense $2,000 8.b Interior Chamber Construction & Demo Allowance Time and Expense $3,900 TOTAL FEE $120,000 Assumptions and Exclusions 1. ABBT is not the Architect of Record for the overall project design. ABBT is providing third-party Testing services for the building envelope systems described. 2. ABBT’s services are limited to those specifically described above. If additional services are requested or required, we will be pleased to provide you with an additional service agreement (ASA) once the scope of additional services is defined. 3. Proposal does not include lab testing. 4. Testing of other systems beyond those mentioned in our scope is excluded. 5. Design, Bidding and Permitting and Construction phase services are not included in this proposal. 6. ABBT will charge full service cost for each site visit cancelled by the client within 48 hours of the scheduled services due to any reason. 7. This proposal assumes that the Owner or their General Contractor will arrange for ABBT to have access to the necessary construction areas. Any fees or special equipment such as man lifts, extension ladders, etc. necessary to gain access are not included in this proposal but are assumed as allowances. 8. It is the responsibility of the project Contractor(s) to install fully functioning building enclosure systems that provide water tightness and meet the design intent. If the Contractor fails to comply with specifications and other documents, ABBT may require more field visits which would be performed at an additional time and expense fee, but not without prior approval from the Owner. 9. ABBT is not responsible for damages to finishes or tested membrane damages during or after our testing, including any potential water damage to interior/exterior of the building or test site. 10. Jobsite and Contractor Safety will be the sole responsibility of the Contractor. Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 9 of 9 Agreement Our Agreement consists of this executed proposal and the enclosed General Terms and Conditions. We will initiate this project upon receipt of your written authorization to proceed. If this Agreement is acceptable, please sign and return one copy by email to contracts@abbae.com, US Mail, or FAX. When ABBT is requested to perform services described in this proposal prior to receiving an executed Agreement from you, such request will constitute an acceptance of this agreement. If you request ABBT to provide services in addition to those specifically outlined in this agreement, it is understood that ABBT will invoice for those additional services on a time and expense basis in accordance with our attached General Terms and Conditions. Thank you for this opportunity to be of service to City of South San Francisco and Kitchell CEM. Please call us if you have any questions regarding this proposal or other aspects of our capabilities. Very truly yours, Allana Buick & Bers, Inc. Petersen Lambert, P.E. Principal, Testing Division Manager Enclosures: General Terms and Conditions (2020) This proposal and attached General Terms and Conditions are accepted by: City of South San Francisco C/o: Kitchell CEM _______________________________ ____________________________ ____________ Authorized Signature Printed Name Date TESTING GENERAL TERMS and CONDITIONS California (Updated June 2020) ABBT Testing General Terms and Conditions California Page 1 of 5 ©ABBT 2020 The following General Terms and Conditions are incorporated into, and made part of, the attached AGREEMENT dated February 22, 2022 between ABB Testing, LLC (ABBT) and City of South San Francisco hereinafter referred to as “CLIENT”), and together are referred to as the “AGREEMENT”. 1. ABBT SERVICES. 1.1. STANDARD OF CARE. In performing professional services, ABBT will use that degree of care and skill ordinarily exercised under similar circumstances by members of the profession practicing at the same time in the same or similar locality, but perfection is not promised. In accepting this AGREEMENT for professional services, CLIENT acknowledges the inherent risks associated with building evaluation and construction and therefore no warranty, express or implied, is made or intended by this AGREEMENT, by the foregoing statement of the applicable standard of care, by providing services or by furnishing oral or written reports of findings made. CLIENT acknowledges that leak detection and building forensics are inexact processes, based in part upon a process of elimination and therefore ABBT may not determine the source of all leaks. 1.2. ASSUMPTIONS AS BASIS FOR SERVICES. The CLIENT and ABBT have relied upon certain assumptions stated in ABBT’s proposal. Both parties, however, recognize that such assumptions may materially change and, in that event, the CLIENT and ABBT shall equitably adjust the schedule, ABBT’s scope of services, and compensation. ABBT’s services provided for remodeling, repair, or rehabilitation of any structure rely upon certain assumptions regarding existing conditions. Because these assumptions are often not verifiable without expending significant sums of money, or may require destroying otherwise functioning and serviceable portions of the structure, the client understands and agrees to be responsible for and to defend, indemnify and hold harmless ABBT from and against any claims arising out of the professional services provided under this agreement as a result of unforeseen conditions, including but not limited to conditions encountered where forensic analysis, testing, or field verification of conditions is recommended by ABBT but rejected by the Client. 1.3. STAFFING. As determined by ABBT, the staff necessary to deliver our contracted scope of services will be provided. It is likely that our assigned staff will vary depending upon the type of project, experience and qualifications needed, and staff availability. Our estimated fee tables, when provided, are not a commitment, pledge, promise or assurance to provide exactly each type of staff member listed, to provide a specific individual, or a commitment to provide the exact hours estimated for each task, phase, person, staff type or activity. Fee tables, when provided, are only a general best effort at predicting the staffing and hours required to complete our scope of services based upon our initial understanding of client goals and preliminary assessment of the project. 1.4. SAMPLES. Samples and the remains of samples subjected to testing will be discarded 60 days after submission of ABBT’s report, unless CLIENT advises ABBT otherwise in writing. Upon request, ABBT shall ship or deliver the samples, charges collect, or will store samples for a monthly fee until such time as CLIENT directs ABBT how to dispose of the samples or where to ship them. 1.5. USE AND OWNERSHIP OF DOCUMENTS. ABBT retains all intellectual property rights including copyrights in all reports, field data, notes, laboratory test data, calculations, estimates, plans, drawings, specifications and other documents, which ABBT prepares as instruments of service. Upon full payment of ABBT’s invoices, ABBT grants CLIENT a nonexclusive limited license to use the drawings, specifications, reports and other instruments of service furnished by ABBT, or its agents, but only for the project for which they are prepared and intended. If ABBT is not paid in full for all its services CLIENT shall, upon demand, return to ABBT all drawings, specifications reports and other work furnished by ABBT, or its agents, along with all copies, whether tangible or intangible, and refrain from using all such documents for any purpose whatsoever. ABBT will retain records that it deems pertinent relating to its services for five years following performance of its services, during which period the records will be made available to CLIENT at CLIENT’S sole costs. 1.6. ESTIMATES OF CONSTRUCTION COSTS. ABBT has no control over the cost of labor, materials or equipment for construction, over any contractor’s methodology for determining bid prices, or over competitive bidding, market or negotiating conditions. Accordingly, ABBT cannot, and does not, warrant or represent that bids or negotiated prices will not vary from any cost estimate or evaluation prepared by or under the direction of ABBT. Any statements of estimated construction costs furnished by ABBT are based on professional opinions and judgment, and ABBT will not be responsible for fluctuations in construction costs. 1.7. ON-SITE SERVICES DURING PROJECT CONSTRUCTION. Should ABBT’s services be provided on-site during project construction, CLIENT agrees that the project contractors(s) shall be solely responsible for jobsite conditions, including safety in, on and about the site, safety of all persons and property during the performance of the work, in compliance with applicable OSHA regulations, and that these requirements shall apply continuously and not be limited to normal working hours. Under no circumstances shall ABBT’s services include any review of the adequacy of the contractor’s safety measures in, on, or about the construction site. 1.8. CONTRACTORS MEANS AND METHODS. ABBT shall not be held in any way responsible for or to guarantee any contractor’s work, nor to assume responsibility for the means, methods, techniques, sequencing or appliances used by any contractor nor to assume responsibili ty for a contractor’s compliance with laws and regulations or for contractor’s acts, errors, omissions, or defective work. On-site services provided by ABBT shall not relieve CLIENT’s construction contractor of its responsibilities to perform the construction work in accordance with CLIENT’s construction agreement, the project drawings and specifications, and applicable laws. 1.9. CONTRACT ADMINISTRATION. If ABBT is retained as the designer of record, it is customary and may be required by law for ABBT to also provide Contract Administration services. Contract Administration services may also include construction administration, construction observation, and construction monitoring services if expressly included in ABBT’s proposal. Contract Administration services may enable ABBT to verify that ABBT’s design intent is being complied with and to address unforeseen conditions. If Client does not retain ABBT to provide Contract Administration services, or if for any reason ABBT is not able to provide the minimum level of construction observation required by law, then to the fullest extent permitted by law, CLIENT shall defend, indemnify and hold ABBT harmless from and against any and all claims arising out of the professional services provided under this agreement and the failure to comply with ABBT’s design intent, except caused by ABBT’s sole negligence as determined by a court or arbitration. CLIENT agrees and acknowledges that Contract Administration services provided by ABBT, including construction monitoring, or observations, are intended only to assist the CLIENT in reducing, but not eliminating, the risks associated with construction defects and poor workmanship. Despite ABBT’s diligent efforts, defects and failures in construction may occur. Therefore, it is agreed that CLIENT’s contractors remain solely responsibility for their acts, errors, omissions, and defects in their work and to install and protect fully functioning assemblies, systems, and components. 1.10. INSURANCE and LEGAL SERVICES. ABBT does not provide legal counsel or insurance consultation. Upon the written direction of CLIENT, ABBT will provide to CLIENT’s legal or insurance representatives for review, copies of reports; budgets; construction documents; agreements; and other project specific documents prepared by ABBT. 2. CLIENT’S OBLIGATIONS. 2.1. EXISTING DOCUMENTS. Should ABBT’s services be provided for an existing structure, the CLIENT shall provide ABBT with a full and complete set of “As-Built”, “Record Drawings”, construction documents and progressive development sets for all construction projects. If these documents are not provided, ABBT’s services required to perform field measurements and/or create electronic documentation shall be invoiced as additional services in accordance with the Schedule of Fees. CLIENT shall be responsible for, and ABBT may rely upon, the accuracy and completeness of all documents, data and other information provided by CLIENT and its agents to ABBT. 2.2. RIGHT OF ENTRY. Unless otherwise expressly included within ABBT’s proposal, CLIENT shall furnish ABBT with right-of-entry onto the land and/or facility for ABBT to perform its services. ABBT will take reasonable precautions to minimize damage to the land and facilities which could be caused by its services or its use of equipment, but our fee does not include the cost for restoration of damage that may result from our services. If requested in writing by CLIENT and agreed to by ABBT, restoration, or repair services for the facility or land shall be a reimbursable expense in addition to ABBT’s fees and costs. 2.3. ON-SITE TESTING, EXPLORATION, AND ACCESS. Should ABBT’s services be provided for an existing structure, the CLIENT shall retain and provide a qualified contractor (“CLIENT ACCESS CONTRACTOR”) to provide ABBT access to sites or portions thereof. CLIENT ACCESS CONTRACTOR shall provide scaffolding, swing stage, hydraulic man lift and other means required for ABBT to safely access the site or portions thereof. 2.4. If ABBT's services include destructive testing, sampling of construction materials, restoration or other testing or exploration services as expressly described in ABBT's scope of work, Client understands and acknowledges that building exploration and forensic services such as but not limited to water testing, leak testing, roof core sampling, in situ destructive testing, and similar analysis may cause damage to the property and will likely require repair. 2.5. CLIENT acknowledges that repair of such work may not restore the property to its original, pre-destructive testing or pre-sampling condition and waives any and all claims, including a waiver of California Civil Code Section 1542, and any similar state and federal law, against ABBT arising from destructive testing, sampling of construction materials, restoration or other testing or exploration services. 2.6. ABBT may provide CLIENT with a list of contractor(s) or service providers, but it does not guarantee their work and is not responsible for the quality, performance, or accuracy of work performed by such contractor(s) or service providers. 2.7. PERMITS. Unless expressly included in ABBT’s proposal, CLIENT shall obtain, at its cost and expense, all approvals, permissions, and permits from all governing entities having jurisdiction over construction work associated with ABBT’s services. TESTING GENERAL TERMS and CONDITIONS California (Updated June 2020) ABBT Testing General Terms and Conditions California Page 2 of 5 ©ABBT 2020 2.8. HAZARDOUS MATERIALS. ABBT does not provide hazardous material investigation, environmental engineering or consulting, laboratory analysis, or similar services that require specialized environmental training. Should these services become necessary, CLIENT shall retain and provide a qualified environmental consultant(s) to perform these services. Nothing in this agreement shall impose liability upon ABBT for claims, lawsuits, or any damages arising from or related to the discovery of, exposure to, handling of, or disposal of asbestos containing materials, PCBs, mold, mildew or other microbial growths, or any material defined by the U.S. Environmental Protection Agency as hazardous. 2.9. SERVICES OF OTHERS. If expressly included within ABBT’s proposal, ABBT may directly engage the specialized services of individual consultants or other companies to participate in the project. The cost of such services shall be invoiced to CLIENT in accordance with the REIMBURSABLE EXPENSES schedule outlined in Exhibit B (attached). 2.10. REQUIRED OF CONTRACTORS. CLIENT agrees to require in all construction contracts for the project, provisions that CLIENT and ABBT shall be defended and indemnified by the contractor and its subcontractors and named additional insureds on contractor’s and subcontractor’s insurance. 3. FEES, REIMBURSABLE EXPENSES, AND INVOICES. 3.1. SCHEDULE OF FEES AND REIMBURSABLES. All projects are subject to a startup and close out fees which are calculated into the proposed fee. For time and expense contracts the Fees for services are based on the actual hours worked on the project by staff personnel, the billing rates will be in accordance with the fee schedule contained within Exhibit A. ABBT expenses shall be invoiced to client in accordance with the Reimbursable schedule contained within Exhibit B. The Schedule of Fees and Reimbursable Expenses are subject to ABBT’s adjustment once per calendar year. 3.2. EXPERT WITNESS AND CONSULTING FEES. Fees for preparing for, travel to and appearing at depositions, mediations, arbitrations, and trials, whether as an expert witness or a percipient witness, whether requested by CLIENT or subpoenaed by others, will be invoiced to CLIENT at 1.5 times ABBT’s base rates. 3.3. DELAYS OR SUSPENSIONS OF SERVICES. If ABBT’s services are delayed or suspended in whole or in part by CLIENT or CLIENT’S contractors for more than forty-five (45) cumulative days through no fault of ABBT, then ABBT shall be entitled to an equitable adjustment of its fees to reflect reasonable costs incurred by ABBT in connection with such delay, suspension, or reactivation. ABBT has the right to renegotiate its fee if the scope of its services is changed or not completed within 12 months. CLIENT shall provide ABBT fourteen (14) days written notice of its intent to suspend ABBT’s services. ABBT shall be entitled to invoice CLIENT for wind down costs upon suspensions and startup/mobilization costs during (re)startup. 3.4. ADDITIONAL SERVICES. ABBT’s fee includes a fixed quantity of time for meetings and other project related communication. Additional services such as conference calls, CLIENT meetings, written correspondences, email messaging, contractor meetings, subcontractor meetings, or other coordination meetings beyond those included in ABBT’s proposal will be considered an additional service, invoiced to CLIENT on a monthly basis in accordance with ABBT’s Schedule of Fees in Exhibit A and ABBT’s Reimbursable Schedule in Exhibit B. 3.5. TAXES AND OTHER LEGISLATED FEES. Unless expressly included in ABBT’s estimates and proposals, appropriate federal, state and local taxes and other fees or costs imposed by any level of government are not included in ABBT’s fee estimates and shall be added to all invoices as required by law prior to distributing said invoices to CLIENT for payment. 3.6. INVOICES. Invoices will generally be submitted once per month for services performed during the previous month. Payment of an invoice in full must be received by ABBT within thirty (30) days of the date of such invoice. 3.7. EFFECT OF INVOICE. The services provided shall be deemed approved and accepted by CLIENT as and when invoiced unless CLIENT objects within fifteen (15) days of invoice date by written notice specifically stating the details in which CLIENT believes such work is incomplete or defective, and the invoice amount(s) in dispute. CLIENT shall pay undisputed amounts as provided for in the preceding paragraph. 3.8. INTEREST; SUSPENSION OF WORK. Failure of CLIENT to make full payment of an invoice so that it is received by ABBT within thirty (30) days of the invoice date subjects the amount overdue to a delinquent account charge of one percent (1.5%) of the invoice amount per month, compounded monthly, (18% per annum), but not to exceed the maximum rate permitted by law. Failure of CLIENT to submit full payment of an invoice within thirty (30) days of the date thereof subjects this AGREEMENT and the work herein contemplated to suspension or termination at ABBT’s discretion, without penalty or breach of AGREEMENT. 4. TERMINATION. This AGREEMENT may be terminated by either party by written notice should the other party fail substantially to perform its obligations under this AGREEMENT and continue such default after the expiration of a seven (7) day notice period. Either party may terminate this AGREEMENT without necessity of cause upon the expiration of a fourteen (14) day notice period. If this AGREEMENT is terminated by CLIENT in the absence of default by ABBT, ABBT shall be paid for services performed and costs incurred by it prior to its receipt of notice of termination from CLIENT, including but not limited to reimbursement for direct expenses due, wind down costs, not to exceed ten percent (10%) of charges incurred to the termination notice date, to cover services to orderly close the work and prepare project files and documentation, any additional direct expenses incurred by ABBT including but not limited to cancellation fees or charges, plus ABBT’s anticipated profit of fifteen percent (15%) of the value of the services not performed by the Architect. ABBT will use reasonable efforts to minimize such additional charges. Upon termination, CLIENT agrees to pay ABBT’s final invoice within fifteen (15) days of the invoice date. Within two (2) working days after receipt of final payment, ABBT will mail to CLIENT one set of all completed documents and reports, if not already provided to CLIENT. 5. DISPUTES, NEGOTIATION, MEDIATION, ARBITRATION, AND ATTORNEY’S FEES. 5.1. CHOICE OF LAW FORUM. This AGREEMENT has been entered into under the laws of the State of California and shall be interpreted and enforced according to the laws of the State of California. The exclusive forum for all disputes shall be located in Santa Clara County, California. 5.2. DISPUTES AND NEGOTIATION. The parties will first attempt in good faith to resolve through negotiation between officers or principals of the highest levels of the parties any dispute, claim or controversy arising out of or relating to this AGREEMENT. To facilitate discussions, the parties shall exchange information and documents requested by the other party prior to the negotiations. 5.3. MEDIATION. Should a dispute not be resolved by face to face discussions, the parties agree to try to settle disputes through mediation before resorting to arbitration or litigation as required by this AGREEMENT. The mediator shall be an attorney or similar expert experienced in mediating construction and design professional disputes and shall be chosen by mutual agreement of the parties. If no agreement on a mediator can be reached, then a mediator shall be appointed by the Presiding Judge of the Superior Court in and for the County of Santa Clara, California. Each party shall bear its own costs and expenses of the mediation, including attorney’s and expert’s fees. The fees and costs of the mediator shall be borne equally by the parties. 5.4. ARBITRATION. At ABBT’s sole discretion, ABBT may elect to have any claims or disputes arising out of this AGREEMENT decided by arbitration in accordance with the rules of JAMS in effect at the time of the demand for arbitration and as amended herein. 5.4.1. If ABBT so elects, a demand for arbitration shall be filed with JAMS. Venue for such arbitration shall be in Santa Clara County, California. 5.4.2. The arbitrator shall be chosen by mutual agreement of all parties and the arbitrator shall follow all California Evidentiary, substantive and procedural law as if tried in a Superior Court of California. 5.4.3. The arbitration award shall be in writing, shall set forth detailed factual findings and conclusions of law supporting the award and shall be final and conclusive as to all parties to such dispute. Should any party fail to pay their fees required by JAMS, fail to appear, or fail to participate in such arbitration proceedings, the arbitrator may decide on the evidence presented in such proceedings by the other party to such dispute. 5.4.4. Rights of appeal shall follow the JAMS Arbitration Appeal Procedure, except the appeal to a JAMS Appeal Panel shall be as if appealed to a California Appellate Court. 5.5. ATTORNEY’S FEES, COSTS AND EXPENSES. Should litigation or arbitration occur between the parties, all reasonable litigation or arbitration expenses, collection expenses, witness fees, court costs, and attorney's fees incurred by the prevailing party shall be paid by the non prevailing party to the prevailing party. 6. NO THIRD PARTY BENEFICIARIES. Nothing contained in this AGREEMENT or by the action of any person, shall create a contractual relationship with, any obligation toward or a cause of action in favor of a third party against either ABBT or its consultants or employees. 7. INSURANCE. ABBT is protected by Worker’s Compensation Insurance, Professional Liability Insurance, and by General Liability Insurance. Upon request, ABBT will furnish information and Certificates of Insurance. ABBT will not be responsible for any loss, damage or liability beyond the amounts, limits and conditions of such insurance. 8. WAIVER OF CONSEQUENTIAL DAMAGES. TESTING GENERAL TERMS and CONDITIONS California (Updated June 2020) ABBT Testing General Terms and Conditions California Page 3 of 5 ©ABBT 2020 CLIENT and ABBT waive consequential, indirect, special, direct, delay, acceleration and interference damages for claims, disputes or other matters in question arising out of or relating to this AGREEMENT. This mutual waiver is applicable, including but not limited to and without limitation, to all consequential damages due to either party's termination in accordance with this AGREEMENT. 9. ALLOCATION OF RISK AND EXCLUSIVE REMEDY. 9.1. ABBT and CLIENT have discussed the risks associated with this project and the extent to which those risks should be shared by ABBT and CLIENT, and have agreed: (a) To the fullest extent permitted by law, CLIENT agrees to limit the liability of ABBT, its officers, employees, and sub-consultants to CLIENT, all landowners, contractors, subcontractors, lenders, suppliers, manufacturers, third parties, and their employees such that the total aggregate liability, including all attorney’s fees and costs shall not exceed $50,000.00, but in no case greater than the available proceeds under ABBT’s professional and general liability insurance. (b) All damages such as loss of use, profits, anticipated profits, and the like losses are c onsequential damages for which ABBT is not liable. (c) ABBT is not responsible for the acts, errors or omissions of CLIENT, any contractor or supplier. (d) CLIENT shall give written notice to ABBT of any claim of negligent act, error or omission within one (1) year after the completion of the work performed by ABBT. Failure to give notice herein required shall constitute a waiver of claims by CLIENT. If prior to CLIENT’s acceptance of ABBT’s proposal, CLIENT requests the limitation of liability to be greater than the limit specified above, CLIENT may pay a surcharge of 2% of the project fee. If the client accepts the 2% insurance fee, this cost will be added to every invoice. 9.2. If prior to CLIENT’s acceptance of ABBT’s proposal, CLIENT requests the limitation of liability to be greater than the limits of the available insurance coverage, ABBT will obtain professional and general liability insurance coverage for the greater requested limits, if available. The cost to obtain the additional insurance coverage shall be paid by CLIENT. 9.3. If, after prompt written notice by CLIENT of any dissatisfaction with services of ABBT, and after inspection or review by ABBT of the services, ABBT determines the services did not comply with this Agreement, ABBT, at its sole option, will redo the services or refund an appropriate portion of the fee paid for the service. This remedy of redoing a service or refunding a fee as provided for herein is the sole and exclusive remedy of CLIENT for any and all claims arising out of this Agreement. 10. CORPORATE PROTECTION. In no event shall the officers, directors, owners or employees of CLIENT or ABBT be personally liable for any obligation under this AGREEMENT, for any alleged breach of this AGREEMENT, for any direct, indirect, incidental or consequential losses or damage of any kind or nature whatsoever. The Parties agree that the sole and exclusive remedy by all Parties for any and all obligations and claims shall be against the contracting entities (e.g., public entities, corporations, partnerships and sole proprietors) and not against any owner, shareholder, officer, director or employee. CLIENT and ABBT expressly waive any applicable statute or regulation to the contrary. 11. The AGREEMENT represents the entire and integrated AGREEMENT between the CLIENT and ABBT and supersedes any prior negotiations, representations or contracts, whether written or oral, and may be amended only by written instrument signed by both the CLIENT and ABBT. If any provision or part of this AGREEMENT, including these General Terms and Conditions, are held to be ambiguous, void or unenforceable under any laws or regulations or by any arbitrator, court or administrative agency, then such ambiguous, void or unenforceable provisions shall be rewritten and enforced to the maximum extent permitted by law to accomplish as near as possible the intent of the original provision. 12. PROPOSAL VALID FOR 60 DAYS. This fee proposal will remain valid for 60 days from date of issuance. 13. NOTICE. Any notice required under this AGREEMENT shall be in writing addressed to the appropriate party at its address set forth in this AGREEMENT and either delivered personally to that party or mailed by registered or certified mail, po stage prepaid, or by commercial courier service. All notices shall be effective as of the date of receipt. 14. SURVIVAL OF TERMS. All terms included in this AGREEMENT, including these General Terms and Conditions, shall survive the completion or termination of AGREEMENT for any reason. 15. NONWAIVER. Non-enforcement of any provision of this AGREEMENT by either party shall not constitute a waiver of that provision and shall not affect the enforceability of that provision or of the remainder of the AGREEMENT. One or more waiver of any term, condition or other provision of this AGREEMENT by either party shall not be construed as a waiver of a subsequent breach of the same or any other provision. 16. PRECEDENCE OF CONDITIONS. Should any conflict exist between the terms herein and the terms of any purchase order or confirmation issued by CLIENT, the terms of these Standard Conditions shall prevail in the absence of ABBT’s express written agreement to the contrary. 17. FORCE MAJEURE. Any delay or default in the performance of any obligation of ABBT under this AGREEMENT resulting from any cause(s) beyond ABBT’s reasonable control shall not be deemed a breach of this AGREEMENT. The occurrence of any such event shall suspend the obligatio ns of ABBT as long as performance is delayed or prevented thereby, and the fees due hereunder shall be equitably adjusted. 18. CONFLICTS OF INTEREST – ABBT's services may presently or in the future involve parties with interests potentially adverse to those o f ABBT’s existing or future clients (“Affected Client(s)”). ABBT has made reasonable efforts to identify any Affected Clients based on information in ABBT's possession. ABBT will inform the CLIENT as to the identity of such parties. CLIENT agrees to allow ABBT to release to any Affected Client the fact of ABBT's engagement by the CLIENT and any other information required to evaluate any potential conflict. Regardless of ABBT's relationship with an Affected Client, ABBT shall be entitled to payment for all services rendered to the date of discovery or notice, whichever occurs first, of a relationship between ABBT and an Affected Client. ABBT does not guarantee that an actual or potential conflict between the CLIENT and an Affected Client will not arise during the course of this assignment or thereafter. ABBT disclaims responsibility for such actual or potential conflict and to the fullest extent permitted by law, the CLIENT agrees to waive any claim and conflict against ABBT arising out of any such actual or potential conflict. EXHIBIT A ABBT Standard Schedule of Fees (Updated June 2020) When Fees for services are based on the actual hours worked on the project by position, the billing rates will be in accordance with the following schedule: ©ABBT 2020 Page 4 of 5 Position Rate Position Rate Principal I $ 270.00 Building Technologist I $ 150.00 Principal II $ 290.00 Building Technologist II $ 160.00 Principal III $ 330.00 Building Technologist III $ 170.00 Principal IV $ 380.00 Field Monitor I $ 130.00 Associate I $ 210.00 Field Monitor II $ 140.00 Associate II $ 230.00 Field Monitor III $ 150.00 Associate III $ 240.00 Field Monitor (Part-Time) $ 160.00 Associate IV $ 250.00 CAD Graphics Specialist I $ 140.00 Consultant I $ 170.00 CAD Graphics Specialist II $ 150.00 Consultant II $ 190.00 CAD Graphics Specialist III $ 160.00 Consultant III $ 210.00 Admin Services $ 100.00 Consultant IV $ 230.00 Forensic Document Specialist $ 160.00 Construction Manager I $ 160.00 IT Consultant $ 160.00 Construction Manager II $ 180.00 Construction Manager III $ 200.00 Executive Project Manager $ 230.00 EXHIBIT B ABBT Standard Reimbursable Schedule (Updated June 2020) ©ABBT 2020 Page 5 of 5 1. All invoices for sub-contractors and sub-consultants retained by ABB shall be reimbursed based on sub-consultants or sub- contractors invoice plus a 15% service charge. Alternately, CLIENT may enter into an agreement with the subcontractor or sub-consultant directly. 2. All outside vendors, rental costs, travel costs and expenses utilized for the project such as, airline travel, car rental, man lift rental, staging costs, reproduction, etc shall be invoiced to CLIENT, plus a 15% service charge. 3. Automobile expenses for personal or company vehicles will be charged at the Internal Revenue Service reimbursement rate in effect at the time the expense was incurred. Travel time is calculated from portal to portal, or round trip to the local ABB office. 4. Reproduction costs for in-house plotting are $1.50 per square foot; color photocopying is $0.85 per 8 ½" x 11" page. Cost of black and white photocopying is $0.10 per 8 ½” x 11” page. Black and white printing on special paper is $0.20 per page. Cost of color printing and photocopying is $0.85 per 8 ½” x 11” page. 5. Delivery or shipping charges for samples, field testing equipment, etc. Laboratory equipment and instrumentation directly identifiable to the project. Purchase of specialized equipment and rental of equipment from outside vendors. 6. Photographs for project records and reproductions of drawings and reports. Photographs are charged at a flat rate of $35/roll of film including processing and handling. Digital photos are charged at a flat rate of $0.25 per image. Digital photos copied on to a CD or DVD are charged at a flat rate of $35 per disk. Digital photo reproduction for reports will be invoiced at $1.50/sheet. 7. Airfare, rental vehicles, other transportation, and living expenses incurred for out-of-town projects. Principals will travel on business class or better for flights longer than 2 hours in order to make efficient use of travel time. 8. For out-of-town travel, per diems will be charged according to published U.S. government rates. 9. Equipment and Other Reimbursable Expenses: 9.1. Boroscope usage will be invoiced at $200/day. 9.2. Nuclear Moisture Gauge usage will be invoiced at $600/day. 9.3. Fastener Pull Test Gauge usage will be invoiced at $200/day. 9.4. Ultrasonic Thickness Gauge usage will be invoiced at $200/day. 9.5. Infrared imaging will be invoiced at $250/day. 9.6. X-Ray imaging will be invoiced at $500/day for equipment rental, plus $100 per image. 9.7. Single Ply Membrane Seam Testing will be invoiced at $250/day, plus $25 per test. 9.8. Rebar size and cover meter usage will be invoiced at $200/day. 9.9. Half cell, potential for corrosion meter will be invoiced at $250 per day. 9.10. Impact echo testing equipment will be invoiced at $500 per day. 9.11. Spray rack(s) for water testing will be invoiced at $300/day. 9.12. Sample storage fee is $50 per month after the first 60 days of in-house storage. 9.13. Publications or other reference material needed to complete projects including AIA, AAMA, ASTM, NRCA, ASCE, ASHRAE, and similar standards. 9.14. Preparation and printing of AIA contract documents using metered AIA contract document software. 9.15. Reproduction costs for all outsourced printing, plotting photocopying, binding and other reproduction services. 9.16. Specialized sounding equipment for detection of delaminating or spalling concrete will be invoiced at $50/day. 9.17. Blower fans and room pressurization equipment will be invoiced at $250/day. 9.18. Electronic Leak Detection Equipment will be invoiced at $250/day. 9.19. Temperature and Humidity Data Loggers will each be invoiced at $25/day. 9.20. Calcium Chloride Testing will be invoiced at $50/test. 9.21. Exterior Glazing Transmission will be invoiced at $250/day. 9.22. AMMA Nozzle (Spray Wand) will be invoiced at $75/day. 9.23. Strainoptics Roller Wave Gauge will be invoiced at $300/day. 9.24. Flir Extech 9.24.1. Thermo Anemometer will be invoiced at $25/day. 9.24.2. IR Thermometer and Humidity Meter will be invoiced at $25/day. 9.25. Elcometer Paint and Powder Gauge will be invoiced at $45/day. 9.26. Delmhorst Moisture Meters will be invoiced at $50/day. 9.27. Tramex 9.27.1. Deck Scanner will be invoiced at $675/day. 9.27.2. Relative Humidity Probe will be invoiced at $100/day/ 9.27.3. CRH Data Logger will be invoiced at $50/day. 9.27.4. Moisture Encounter Plus will be invoiced at $50/day. 9.28. Booster Pump for Spray Racks will be invoiced at $130/day. EXHIBIT B SCHEDULE EXTERIOR BUILDING ENVELOPE City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-188 Agenda Date:4/27/2022 Version:1 Item #:15a. Resolution authorizing the City Manager to execute the Second Amendment to the consulting services agreement between the City of South San Francisco and ABB Testing of Palo Alto, California, for the Community Civic Campus: Phase II Library, Parks & Recreation and Community Theater/Council Chamber (LPR) (Project No. pf2103) in an amount not to exceed $132,000 for consulting services for a total contract amount of $224,620. WHEREAS, the City is undertaking a project to construct new Library, Parks & Recreation and Community Theater / Council Chamber facilities which consists of multiple phases (“LPR Project”); and WHEREAS,on July 9,2021,the City of South San Francisco (City)awarded a Consulting Services Agreement to ABBT of Palo Alto,California (“Consultant”)for Building Envelope Testing and Inspection Services for the LPR Project in the amount of $21,120.00; and WHEREAS,Consultant has performed satisfactorily on the LPR Project and has provided deliverables and services as outlined in Agreement; and WHEREAS,the City amended the contract with ABBT on September 2,2021,for additional testing and inspection for building curtainwall Performance Mock-Up (“First Amendment”); and WHEREAS,consultant has performed satisfactorily on the LPR Project and has provided deliverables and services as outlined in the First Amendment; and WHEREAS,consultant shall perform additional testing and inspection for the LPR Project,including Curtain Wall and Roofing, as specified in the contract documents; and WHEREAS,to allow this work to proceed,staff recommends approving a Second Amendment to the existing consultant services agreement with Consultant for the LPR Project for an additional amount of $132,000 (including 10% contingency), and for a total not-to-exceed amount of $224,620; and WHEREAS,the agreement expiration date is through June 2023 to align with current projected completion of the project; and WHEREAS,ABBT will provide services on a Lump Sum not to exceed basis with only billing for services rendered; and WHEREAS,funding for the Project is included in the City of South San Francisco Capital Improvements City of South San Francisco Printed on 4/28/2022Page 1 of 2 powered by Legistar™ File #:22-188 Agenda Date:4/27/2022 Version:1 Item #:15a. Program (“CIP”) and sufficient funds are available to cover the amendment cost; and WHEREAS,the requested amendment amount was included in the LPR Project budget presented to City Council on November 9, 2020, totaling a Project total amount of $101,000,000. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves a Second Amendment to the existing consulting services agreement with ABBT of Palo Alto,California,attached hereto and incorporated herein as Exhibit A,in an amount not to exceed $132,000 including 10% of contingency and authorizing a total not to exceed contract amount of $224,620.00. BE IT FURTHER RESOLVED that the Second amendment will modify the term of the consulting services agreement from December 31, 2023, to June 30, 2023. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the Second Amendment in substantially the same form as Exhibit A and is authorized to executed any other related documents on behalf of the City upon timely submission of ABBT’s signed contract amendment and all other required documents, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project Budget consistent with the information contained in the accompanying staff report. ***** City of South San Francisco Printed on 4/28/2022Page 2 of 2 powered by Legistar™ Page 1 of 2 SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND ABB TESTING, LLC CONSULTANTS THIS SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of April 27, 2022 by and between THE CITY OF SOUTH SAN FRANCISCO (“City”) and ABB Testing, LLC (“Consultant”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On June 9, 2021, City and Consultant entered into a Consulting Services Agreement (“Agreement”) whereby Consultant agreed to provide below grade waterproofing field observation and testing services for the Library, Parks & Recreation, Community Theater/Council Chamber. B. On August 20, 2021, City and Consultant executed a First Amendment to the Agreement to extend its term to December 31, 2023 and modify the compensation amount under the Agreement. A true and correct copy of the Agreement, the First Amendment and their exhibits are provided in Exhibit A. C. City and Consultant now desire to amend the Agreement, as modified by the First Amendment. 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 Consultant 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 Services. The scope of services in the Agreement shall be supplemented with the Added Scope of Services dated April 14, 2022 as shown on Exhibit B attached hereto and incorporated herein. 3. Section 2 Compensation. Section 2 of the Agreement, as modified by the First Amendment, shall be amended such that the City agrees to pay Consultant a sum not to exceed $ 224,620.00. a. Original Agreement: $ 21,120.00 b. First Amendment: $ 71,500.00 c. Second Amendment: $132,000.00 Total Not-to-Exceed Amount: $224,620.00 Consultant agrees this is 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. Page 2 of 2 All other terms, conditions and provisions in the Agreement as modified by the First Amendment shall 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. Dated: CITY OF SOUTH SAN FRANCISCO CONSULTANT By: By: City Manager John Kelleher, Chief Financial Officer, Principal Attest: By: City Clerk Approved as to Form: By: City Attorney FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND ABB TESTING, LLC CONSULTANTS THIS FIRST AMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of August 20, 2021 by and between THE CITY OF SOUTH SAN FRANCISCO (“City”) and ABB Testing, LLC (“Consultant”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A.On June 9, 2021, City and Consultant entered into a Consulting Services Agreement (“Agreement”) whereby Consultant agreed to provide below grade waterproofing field observation and testing services for the Library, Parks & Recreation, Community Theater/Council Chamber. A true and correct copy of the Agreement and its exhibits was provided in Exhibit A. B.City and Consultant 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 Consultant 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 1.1.1 Term of Service. The December 31, 2021, end date for the term of services identified in Section 1 of the Agreement will change and will extend to December 31, 2023. 3.Section 2 Compensation. Section 2 of the Agreement shall be amended such that the City agrees to pay Consultant a sum not to exceed $92,620.00. a.Original Contract: $21,120.00 b.First Amendment: $71,500.00 Total Contract: $92,620.00 Consultant agrees this is 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. 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] EXHIBIT A Dated: CITY OF SOUTH SAN FRANCISCO CONSULTANT By: By: Mike Futrell John Kelleher City Manager Chief Financial Officer, Principal Attest: By: City Clerk Approved as to Form: By: City Attorney EXHIBIT A August 27, 2021 City of South San Francisco ATTN: Jacob Gilchrist, Director of Capital Projects 550 North Canal Street San Francisco, CA 94080 CC: Mr. Farshid Samsami, Senior Project Manager Kitchell CEM 315 Montgomery Street San Francisco, CA 94105 Re: Proposal for Laboratory Mock-up Testing Services (Provided by a third-party Testing Lab) South San Francisco Community Civic Campus –Phase 2 Library, Parks & Recreation and Community Theater (City Project pf2103 –RFP #2652) 400 Grand Avenue South San Francisco, CA 94080 ON: 2012-01574.01 Dear Mr. Gilchrist, ABB Testing (ABBT)is pleased to present the City of South San Francisco (City) with this proposal to provide Third-Party Laboratory Mock-up Testing Services for the above referenced project located in South San Francisco, California. Background To assist with our proposal, we received the Post Bid Addendum issued July 21, 2021, which asked consultants to complete the “Revised Special Inspection Cost Worksheet_LPR 07212021”–item 7). Preconstruction Laboratory Mockup Testing Program. In addition, we received the PMU Shop Drawings submittal dated 6/11/2021, prepared by Architectural Glass & Aluminum. Preconstruction Laboratory Mockup Testing Program A.08 4423 - 1.13G.1 - Structural: ASTM E 330 @ 50% positive test load 1 Tests B.08 4423 - 1.13G.2 - Air Infiltration: ASTM E 283 1 Tests C.08 4423 - 1.13G.3 - Water Penetration under Static Pressure: ASTM E 331 1 Tests D. OMITTED E.08 4423 - 1.13G.4 - Water Penetration under Dynamic Pressure: AAMA 501.1 1 Tests F.Structural : ASTM E 330 @ 100% of pos. & neg. test loads 2 Tests i. 08 4423 - 1.13G.5a - Air Infiltration: ASTM E 283 1 Tests ii. 08 4423 - 1.13G.5b - Water Penetration under Static Pressure: ASTM E 331 1 Tests iii. 08 4423 - 1.13G.5c - Water Penetration under Dynamic Pressure: AAMA 501.1 1 Tests G.Interstory Drift: AAMA 501.4 at 100 % of design displacement 1 Tests i. 08 4423 - 1.13G.6a - Air Infiltration: ASTM E 283 1 Tests ii. 08 4423 - 1.13G.6b : Water Penetration under Static Pressure: ASTM E 331 1 Tests H.Vertical Interstory Movement: AAMA 501.7 1 Tests i. 08 4423 - 1.13G.7a - Air Infiltration: ASTM E 283 1 Tests ii. 08 4423 - 1.13G.7b - Water Penetration under Static Pressure: ASTM E 331 1 Tests iii. 08 4423 - 1.13G.7c - Water Penetration under Dynamic Pressure: AAMA 501.1 1 Tests I.Thermal Cycling: According to AAMA 501.5 1 Tests i. 08 4423 - 1.13G.8a - Air Infiltration: ASTM E 283 1 Tests ii. 08 4423 - 1.13G.8b : Water Penetration under Static Pressure: ASTM E 331 1 Tests J.Structural: ASTM E 330 at 100% and 150% of pos. & neg. test loads 4 Tests i. 08 4423 - 1.13G.9a - Air Infiltration: ASTM E 283 1 Tests ii. 08 4423 - 1.13G.9b : Water Penetration under Static Pressure: ASTM E 331 1 Tests K. Interstory Horizontal Ultimate Displacement Test: AAMA 501.4 at 1.5 times design displacement 3Cycles EXHIBIT A Laboratory Mock-up Testing Services Proposal (by third-party Testing Lab) City of South San Francisco, Capital Projects South San Francisco Community Civic Campus – Phase 2 August 27, 2021 South San Francisco, CA Page 2 of 5 Scope of Services 1. Preconstruction Laboratory Mockup Testing Services (by a third-party Testing Lab) The following services are in accordance with specification section 08 44 23 Structural Sealant Glazed Curtain Walls – 1.13 Preconstruction Laboratory Mockups: a) Assumes performance testing on a laboratory mock-up measuring 22’ wide x 35’ high. b) The third-party Testing Lab will provide the following: i. Chamber Construction ii. Air, Water, Structural Testing: x Air Infiltration Static Method (ASTM E 283) – Standard Test Method for Determining Rate of Air Leakage Through Exterior Windows, Curtain Walls, and Doors Under Specified Pressure Differences Across the Specimen x Water Penetration Static Method (ASTM E 331) – Standard Test Method for Water Penetration of Exterior Windows, Skylights, Doors, and Curtain Walls by Uniform Static Air Pressure Difference x Water Penetration Dynamic Method (AAMA 501.1) – Standard Test Method for Water Penetration Of Windows, Curtain Walls And Doors Using Dynamic Pressure x Uniform Load Deflection at Design Pressure (ASTM E 330) – Standard Test Method for Structural Performance of Exterior Windows, Doors, Skylights and Curtain Walls by Uniform Static Air Pressure Difference iii. Seismic Testing: x Seismic Displacement Test (AAMA 501.4), 3 Cycles – Recommended Static Testing Method for Evaluating Curtain Wall and Storefront Systems Subjected to Seismic and Wind Induced Interstory Drift iv. Thermal Testing: x Thermal Cycling (AAMA 501.5), 3 Cycles – Test Method for Thermal Cycling of Exterior Walls c) EXCLUDED – Re-testing services are not included. Additional fees will be charged for retests due to failure or other circumstances requiring additional testing, such as test or erection delays. For budgeting purposed, re-testing fees are provided as options below. d) EXCLUDED – Mock-up Observation services are not included. If ABBT is required to witness the testing of mock-up, additional fees for travel and observation will apply. e) EXCLUDED – Equipment and materials for the mockup, erection of the mockup and disposal of the mockup. EXHIBIT A Laboratory Mock-up Testing Services Proposal (by third-party Testing Lab) City of South San Francisco, Capital Projects South San Francisco Community Civic Campus – Phase 2 August 27, 2021 South San Francisco, CA Page 3 of 5 Proposed Fees Fees for the Laboratory Mockup Testing services described above have been outlined below. Item Service Description Fee Type Fee (*) 1. Chamber Construction Lump Sum $35,000 2. Air, Water, Structural Testing: Lump Sum $10,000 2a. Air Infiltration Static Method (ASTM E 283) - Incl above 2b. Water Penetration Static Method (ASTM E 331) - Incl above 2c. Water Penetration Dynamic Method (AAMA 501.1) - Incl above 2d. Uniform Load Deflection at Design Pressure (ASTM E330) - Incl above 3. Seismic Testing: Lump Sum $10,000 3a. Seismic Displacement Test (AAMA 501.4) – 3 Cycles - Incl above 4. Thermal Testing: Lump Sum $10,000 4a. Thermal Cycling (AAMA 501.5) – 3 Cycles - Incl above Subtotal $65,000 Contingency (10%) $6,500 Laboratory Mockup Testing Total Fee (incl. 10% contingency) $71,500 Optional Fees: Item Service Description Fee Type Fee (*) 5. OPTIONAL – Re-Test Fees: 5a. Air Infiltration Static Method (ASTM E 283) – Without Chamber Tare Time & Expense $350 5b. Air Infiltration Static Method (ASTM E 283) – With Chamber Tare Time & Expense $1,250 5c. Water Penetration Static Method (ASTM E 331) Time & Expense $750 5d. Water Penetration Dynamic Method (AAMA 501.1) – with Aircraft Engine Time & Expense $1,500 5e. Additional Weekly Chamber Allotment beyond allotted time Time & Expense $750 6. OPTIONAL – Mock-up Observation (Per Visit) $4,485 / visit TBD Assumptions and Exclusions 1. ABBT is not an AAMA-accredited lab. Therefore, our proposal includes services for an accredited third-party Testing Laboratory to provide the above described services. EXHIBIT A Laboratory Mock-up Testing Services Proposal (by third-party Testing Lab) City of South San Francisco, Capital Projects South San Francisco Community Civic Campus – Phase 2 August 27, 2021 South San Francisco, CA Page 4 of 5 2. Fees above exclude mock-up observation or coordination services by ABBT. Fees are strictly limited to the testing provided by the third-party Testing Lab only. 3. Services are limited to those specifically described above. If additional services are requested or required, we will be pleased to provide you with an additional service agreement (ASA) once the scope of additional services is defined. 4. Additional fees will be charged for test or erection delays. 5. Additional fees will be charged for retests due to failure or other circumstances requiring additional testing. 6. Additional fees will be charged for chamber rental beyond the allotment set forth by the lab. 7. Testing Laboratory (Lab) Assumptions and Clarifications: a) Water Penetration Dynamic Method: If a performance requirement, this quotation will include one (1) dynamic water test per event. The Pratt Whitney aircraft engine has a maximum wind equivalent of 15 PSF. The WOLF wind generator can attain higher test pressures but is limited to two times the seven- foot propeller diameter with regard to test area. b) Inter-story and Seismic Displacement test: If a performance requirement, this quotation assumes displacement testing will take place at one (1) intermediate level. Should mock-up anchorage or configuration require more than one level to be displaced, additional fees will apply and be determined based on the extent of additional work required. (note: this applies to 2 story mock-ups or higher). c) Test Chamber/Pre-Test Submittals: The test chamber drawings will be prepared by Lab staff utilizing the final approved mock-up drawings submitted by the client. The final approved mock-up drawings must indicate all anchorage and perimeter sealant conditions. If Lab is directed to proceed in the absence of approved mock-up drawings, Lab will invoice for all mock-up drawing reviews and chamber drawing revisions required beyond the first submission at a rate of $100/hour. The chamber drawings will be submitted for dimensional approval prior to construction. P.E. review and seal on the test chamber drawings is not included, but is available for an additional fee. Lab will prepare a formal test procedure for review and approval. d) Test Chamber Steel Erection and Preparations: Test chamber steel will be purchased, fabricated, and erected by Lab according to the approved chamber drawings. All chamber conditions simulating concrete will consist of either steel, plywood, or a combination thereof. All horizontal support steel will be a single structural member such as a 8x8x 3/8” tube, W 10x49 beam, or similar. This proposal does not include the cost to provide concrete or exact reproduction of job size steel; however, the steel shall be sufficient for anchorage/sealant details. Lab is not responsible for the seal between the mock-up chamber and the curtainwall. e) Fees: The cost shown in this proposal is to provide facilities and services at the Fresno, California location. If a different mock-up facility is desired for testing the quoted fee may vary. Please contact Lab for fees at alternate mock-up locations. f) Chamber Rental: This proposal includes chamber time allotment period as described in the Item Description above. This time allowance consists of the mock-up installation, testing, and ends upon receipt of written authorization for the dismantling of the mock-up. In the event testing is not completed in the allotted time, additional chamber time will be charged at the rate shown in the Item Description above for each additional week it is utilized. Should the mock- EXHIBIT A Laboratory Mock-up Testing Services Proposal (by third-party Testing Lab) City of South San Francisco, Capital Projects South San Francisco Community Civic Campus – Phase 2 August 27, 2021 South San Francisco, CA Page 5 of 5 up contain added interior finishes and/or spray applied insulation, Lab reserves the right to charge for added labor and disposal fees. Testing of other systems beyond those mentioned in our scope is excluded. g) Hazardous Materials: Hazardous materials such as sealant primer which cannot be utilized or recycled must be removed from the premises at the completion of testing. A hazardous waste disposal fee will be applied for materials that are on-site prior to mock-up demolition. h) Safety Training/Hours of Operation: All clients, installers, or sub-contractors shall provide "Certificate of Training" documentation prior to operating forklifts or aerial work platforms. The Lab may be able to provide this training for a nominal fee. When work outside regular business hours is required an additional fee will be charged. Lab regular business hours are 7:00 AM to 4:00 PM, Monday through Friday. i) Scheduling: Lab will facilitate a schedule as necessary to support the project objectives unless otherwise specified. Lab’s test chambers shall be prepared for installation of the mock-up within eight (8) weeks after receiving approved chamber drawings. Agreement Our Agreement consists of this executed proposal and the previously provided General Terms and Conditions. We will initiate this project upon receipt of your written authorization to proceed. If this Agreement is acceptable, please sign and return one copy by email to contracts@abbae.com, US Mail, or FAX. When ABBT is requested to perform services described in this proposal prior to receiving an executed Agreement from you, such request will constitute an acceptance of this agreement. If you request ABBT to provide services in addition to those specifically outlined in this agreement, it is understood that ABBT will invoice for those additional services on a time and expense basis in accordance with our previously provided General Terms and Conditions. Thank you for this opportunity to be of service to the City of South San Francisco. Please call us if you have any questions regarding this proposal or other aspects of our capabilities. Very truly yours, Allana Buick & Bers, Inc. Petersen Lambert, P.E. Principal, Testing Division Manager This proposal and previously provided General Terms and Conditions are accepted by: City of South San Francisco _______________________________ ____________________________ ____________ Authorized Signature Printed Name Date EXHIBIT A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. 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EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY +HIIHUQDQ ,QVXUDQFH %URNHUV 0RQWJRPHU\ 6WUHHW 6XLWH 6DQ )UDQFLVFR &$ %ULWWQH\ %ODQNHQVKLS EULWWQH\E#KHIILQVFRP /LFHQVH 6HQWLQHO ,QVXUDQFH &RPSDQ\ /LPLWHG $//$%8, $%% 7HVWLQJ //& &RPPHUFLDO 6WUHHW 3DOR $OWR &$ $;:(2/+ 5H $V SHU FRQWUDFW RU DJUHHPHQW RQ ILOH ZLWK WKH LQVXUHG 6RXWK 6DQ )UDQFLVFR &RPPXQLW\ &LYLF &DPSXV ± 3KDVH IRU 7KLUG3DUW\ %XLOGLQJ (QYHORSH 7HVWLQJ 6HUYLFHV 'D\ &DQFHOODWLRQ QRWLFH HQGRUVHPHQW RQ WKH :RUNHUV &RPSHQVDWLRQ SROLF\ LV DWWDFKHG &LW\ &OHUN &LW\ RI 6RXWK 6DQ )UDQFLVFR *UDQG $YHQXH 6RXWK 6DQ )UDQFLVFR &$ EXHIBIT A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form WC 99 05 28 Printed in U.S.A. Process Date:09/03/21 Policy Expiration Date:06/01/22 © 2011, The Hartford NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER Policy Number:57 WE OL6H89 Endorsement Number:16 Effective Date:09/01/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:ALLANA BUICK & BERS INC 990 COMMERCIAL ST PALO ALTO CA 94303 This policy is subject to the following additional Conditions when a number of days are shown in the schedule for any of the below Parts: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided to the certificate holder in the schedule, at least the number of days in advance of the cancellation effective date, as shown in Part A. B. If this policy is cancelled by the Company for non-payment of premium, notice of such cancellation will be provided to the certificate holder in the schedule within the number of days notice of the cancellation effective date, as shown in Part B. C. If this policy is cancelled by the insured, notice of such cancellation will be provided to the certificate holder in the schedule, within the number of days notice of the cancellation effective date, as shown in Part C. If notice is mailed, proof of mailing notice to the certificate holder’s mailing address as shown in the schedule will be sufficient proof of notice. If the number of days notice in the schedule for any Part is left blank or is shown as zero, no notice will be provided to the scheduled certificate holder under that Part. Anynotificationrightsprovidedbythisendorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the company or its agents or representatives. Schedule Number of Days Notice: Name and Mailing Address of Certificate Holder Part A:30 City Clerk City of S San Francisco 400 Grand Avenue South San Francisco CA 94080Part B:10 Part C:30 EXHIBIT A WLTR004 THE HARTFORD BUSINESS SERVICE CENTER 3600 WISEMAN BLVD SAN ANTONIO TX 78251 September 3, 2021 HEFFERNAN INSURANCE BROKERS / 57101257 44 MONTGOMERY ST SUITE 1950 SAN FRANCISCO CA 94104 Policy Information: Policy Holder Details:ALLANA BUICK & BERS INC 990 COMMERCIAL ST PALO ALTO CA 94303 Policy Number:57 WE OL6H89 Enclosed please find information pertaining to your policy. Please contact us if you have any questions or concerns. Thank you for selecting The Hartford for your business insurance needs. Sincerely, Your Hartford Service Team EXHIBIT A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Countersigned by Authorized Representative Form WC 99 00 06 A (1)Printed in U.S.A.Page 1 Process Date:09/03/21 Policy Expiration Date:06/01/22 CHANGE IN INFORMATION PAGE INSURER:See Attached Endorsement NCCI Company Number:Audit Period:ANNUAL Policy Effective Date:06/01/21 Policy Expiration Date:06/01/22 Policy Number:57 WE OL6H89 Endorsement Number:16 Effective Date:09/01/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:ALLANA BUICK & BERS INC 990 COMMERCIAL ST PALO ALTO CA 94303 FEIN Number:77-0380827 Producer Name:HEFFERNAN INSURANCE BROKERS Producer Code:57101257 It is agreed that the policy is amended as follows: This is NOT a bill. However, any changes in your premium will be reflected in your next billing statement. You will receive a separate bill from The Hartford. If you are enrolled in repetitive EFT draws from your bank account, changes in premium will change future draw amounts. In consideration of no change in premium, it is agreed that: Policy is amended to add the following condition(s): Notice of Cancellation to Certificate Holders - Specific Policy is amended to add the following Endorsement Forms reflecting the changes made to your policy. WC990006A(.1P) Policy is amended to revise the following Endorsement Forms reflecting the changes made to your policy. WC990528 EXHIBIT A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Form WC 99 05 28 Printed in U.S.A. Process Date:09/03/21 Policy Expiration Date:06/01/22 © 2011, The Hartford NOTICE OF CANCELLATION TO DESIGNATED CERTIFICATE HOLDER Policy Number:57 WE OL6H89 Endorsement Number:16 Effective Date:09/01/21 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address:ALLANA BUICK & BERS INC 990 COMMERCIAL ST PALO ALTO CA 94303 This policy is subject to the following additional Conditions when a number of days are shown in the schedule for any of the below Parts: A. If this policy is cancelled by the Company, other than for non-payment of premium, notice of such cancellation will be provided to the certificate holder in the schedule, at least the number of days in advance of the cancellation effective date, as shown in Part A. B. If this policy is cancelled by the Company for non-payment of premium, notice of such cancellation will be provided to the certificate holder in the schedule within the number of days notice of the cancellation effective date, as shown in Part B. C. If this policy is cancelled by the insured, notice of such cancellation will be provided to the certificate holder in the schedule, within the number of days notice of the cancellation effective date, as shown in Part C. If notice is mailed, proof of mailing notice to the certificate holder’s mailing address as shown in the schedule will be sufficient proof of notice. If the number of days notice in the schedule for any Part is left blank or is shown as zero, no notice will be provided to the scheduled certificate holder under that Part. Any notification rights provided by this endorsement apply only to active certificate holder(s) who were issued a certificate of insurance applicable to this policy’s term. Failure to provide such notice to the certificate holder(s) will not amend or extend the date the cancellation becomes effective, nor will it negate cancellation of the policy. Failure to send notice shall impose no liability of any kind upon the company or its agents or representatives. Schedule Number of Days Notice: Name and Mailing Address of Certificate Holder Part A:30 City Clerk City of S San Francisco 400 Grand Avenue South San Francisco CA 94080Part B:10 Part C:30 EXHIBIT A ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 9/2/2021 License # 0757776 (442) 244-6919 (951) 231-2572 20478 ABB Testing LLC 990 Commercial Street; Palo Alto, CA 94303 20443 35289 16624 A 1,000,000 XX6043425201 10/1/2020 10/1/2021 1,000,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000B X 6043425182 10/1/2020 10/1/2021 10,000,000C 6043425196 10/1/2020 10/1/2021 10,000,000 10,000 D Prof Liab-ClaimsMade 03125279 10/1/2020 Per Claim/Aggregate 5,000,000 D Condo Ded: 150,000 03125279 10/1/2020 10/1/2021 Deductible 50,000 Revised 9/2/2021 - This certificate rescinds and supersedes any and all prior certificates issued on behalf of the Named Insured. RE: South San Francisco Community Civic Campus – Phase 2 for Third-Party Building Envelope Testing Services, 400 Grand Avenue, South San Francisco, CA 94080. City of South San Francisco and its officers, employees, agents, and volunteers are Additional Insured with regard to General Liability when required by written contract per the attached endorsement form CNA75079XX-1016, Primary & Non-Contributory included. Waiver of Subrogation with regard to General Liability applies when required by written contract per the attached endorsement form CNA74858XX-0115. Additional Insured with regard to Auto Liability when required by written contract per the attached endorsement form CA2048 10/13. Primary & Non -Contributory wording applies with regard to Auto Liability when required by written contract per the attached endorsement form CNA71527XX 10/12. Umbrella follows form of underlying coverages. City of South San Francisco City Clerk 400 Grand Avenue South San Francisco, CA 94080 ALLABUI-01 PGOWDA HUB International Insurance Services Inc.2300 Clayton Rd Concord, CA 94520 Corie Gist Cal.CPU@Hubinternational.com National Fire Insurance Company of Hartford Continental Casualty Company The Continental Insurance Company Allied World Specialty Insurance Company 10/1/2021 X X XX X X X X EXHIBIT A CNA PARAMOUNT Blanket AdditionalInsured-Owners,Lesseesor Contractors - with Products-Completed Operations Coverage Endorsement Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Itis understood and agreed as follows: I. WHO ISAN INSURED is amended to include asan Insured any person or organization whom you are required by written contract to add asan additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole orin part by your acts or omissions, or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract; or B.inthe performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1.the written contract requires you to provide the additional insured such coverage; and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage underthe11-85 edition, 10-93 edition, or10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B.additional insured coverage with "arising outof" language; or C.additional insured coverage tothe greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO ISAN INSURED is amended to include asan Insured any person or organization whom you are required by written contract to add asan additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising outof your work that is subject to such written contract. III.Subject always tothe terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A.coverage broader than required bythe written contract; or B.a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A.the rendering of,or the failure to render, any professional architectural, engineering, or surveying services, including: 1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2.supervisory, inspection, architectural or engineering activities; or B.any premises or work for which the additional insured is specifically listed asan additional insured on another endorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Page 1 of 2 Insured Name: ALLANA BUICK & BERS, INC. Policy No: 6043425201 Effective Date: 10/01/20 EXHIBIT A CNA PARAMOUNT Blanket AdditionalInsured-Owners,Lesseesor Contractors - with Products-Completed Operations Coverage Endorsement Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Primary and Noncontributory Insurance With respect toother insurance available tothe additional insured under which the additional insured is a named insured, this insurance is primary toand will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy tobe: 1.primary and non-contributing with other insurance available to the additional insured; or 2.primary andtonot seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties InThe Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice ofany claim, orany occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement ofthe claim; and 3.make available any other insurance, and tender the defense and indemnity ofany claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, ifthe written contract requires this insurance tobe primary andnon-contributory, this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy; and B.was executed prior to: 1.the bodily injury or property damage; or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions ofthe Policy remain unchanged. CNA75079XX (10-16) Page 2 of 2 Insured Name: ALLANA BUICK & BERS, INC. Policy No: 6043425201 Effective Date: 10/01/20 Thisendorsement,whichformsapartofandisforattachmenttothePolicyissuedbythedesignatedInsurers,takeseffect on theeffectivedateofsaidPolicyatthehourstatedinsaidPolicy,unlessanothereffectivedateisshownbelow,and expiresconcurrentlywithsaidPolicy. EXHIBIT A EXHIBIT A EXHIBIT A - POLICY NUMBER: 6043425182 COMMERCIAL AUTO CA 20 48 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who IsAn Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Each person or organization shown in the Schedule is an Autos Liability Coverage in the Business Auto and Motor "insured" for Covered Autos Liability Coverage, but only tothe extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 Named Insured:ALLANA BUICK &BERS I INC. Endorsement Effective Date: 10/01/20 NameOf Person(s) OrOrganization(s): ANY PERSONS OR ORGANIZATION THAT THE NAME INSURED IS OBLIGATED TO PROVIDE INSURANCE WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED, BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSION OF A PERSON FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY Information requiredto complete this Schedule,if notshown above, will beshown inthe Declarations. 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Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached hereto 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 Scope of Work, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on December 31, 2021, and Consultant shall complete the work described in the Scope of Work on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all work required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed TWENTY-ONE THOUSAND, ONE HUNDRED AND TWENTY DOLLARS ($21,120.00), 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 the Consultant’s Proposal Fee or the Consultant’s compensation schedule, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for all services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain all the following information: EXHIBIT A Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.); The beginning and ending dates of the billing period; A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; The total number of hours of work performed under the Agreement by each employee, agent, and subcontractor of Consultant performing services hereunder; Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours within a twelve (12)-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable. The amount and purpose of actual expenditures for which reimbursement is sought; The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. Each invoice shall include all expenses and activities performed during the invoice period for which Consultant expects to receive payment. 2.3 Final Payment. City shall pay the five percent (5%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit A. 2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by this Agreement mileage, parking, tolls, printing, out of area travel, conference calls, postage, express mail and delivery in Exhibit B. 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. Unless Consultant provides City with a valid Form 590 or other valid, written evidence of an exemption EXHIBIT A or waiver from withholding, City may withhold California taxes from payments to Consultant as required by law. Consultant shall obtain and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Consultant accepts sole responsibility for withholding taxes from any non- California resident subcontractor and shall submit written documentation of compliance with Consultant’s withholding duty to City upon request. 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 False Claims Act. Presenting a false or fraudulent claim for payment, including a change order, is a violation of the California False Claims Act and may result in treble damages and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation. 2.11 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Consultant to each worker. An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 1775. The City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.” c. Consultant shall comply with the City of South San Francisco Project Labor Agreement (PLA) requirements. Exhibit A “Agreement to be Bound” of document shall be fully executed for all applicable scopes of work. EXHIBIT A Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator, as defined in Section 10.9. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles. EXHIBIT A 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability Insurance and Services Office form number GL 0404 covering Broad Form Comprehensive General Liability on an “occurrence” basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (most recent edition). No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims- made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five (5) years after completion of work under this Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement. 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A: VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All EXHIBIT A copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, this shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the City’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express written authorization of Contract Administrator, Consultant may increase such deductibles or self- insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. EXHIBIT A 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage, scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the fullest extent permitted by law, Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance (“Claims”), to the extent caused, directly or indirectly, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. 5.1 Insurance Not in Place of Indemnity. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. 5.2 PERS Liability. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. 5.3 Third Party Claims. With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees. Section 6. STATUS OF CONSULTANT. EXHIBIT A 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all federal, state and local laws and regulations applicable to the performance of the work hereunder. Consultant’s failure to comply with such law(s) or regulation(s) shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. EXHIBIT A Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon thirty (30) days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require Consultant to execute a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the Parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the 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 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 EXHIBIT A of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both Parties except as required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys’ fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that Party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. EXHIBIT A 10.2 Venue. In the event that either Party brings any action against the other under this Agreement, the Parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the Parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000, et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090, et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090, et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Kitchell CEM ("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 EXHIBIT A registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Consultant ABB Testing, LLC 990 Commercial Street Palo Alto, CA 94303 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 the scope of work attached hereto and incorporated herein as Exhibits A and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. Exhibit A Standard Schedule of Fees Exhibit B Standard Reimbursable Schedule 10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. 10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties hereto with no intent to benefit any non-signatory third parties. [SIGNATURES ON FOLLOWING PAGE] EXHIBIT A The Parties have executed this Agreement as of the Effective Date. CITY OF SOUTH SAN FRANCISCO ABB TESTING, LLC ______________________________ ____________________________ -DFRE*LOFKULVW 'LUHFWRURI&DSLWDO3URMHFWV John Kelleher, Chief Financial Officer, Principal Attest: ____________________________ City Clerk Approved as to Form: ____________________________ City Attorney 2729964.1 EXHIBIT A June 9, 2021 (Rev1. 7/26/2021) Mr. Farshid Samsami Senior Project Manager Kitchell CEM 315 Montgomery St San Francisco, CA Re: Proposal for Third-Party Building Envelope Testing Services South San Francisco Community Civic Campus –Phase 2 400 Grand Avenue South San Francisco, CA 94080 ON: 2106-02333 Dear Mr. Samsami, ABB Testing (ABBT)is pleased to present Kitchell CEM (Kitchell) with this proposal to provide Third-Party Building Envelope Testing Services for the above referenced project located in South San Francisco, California. Background To assist us with our proposal, you have provided us with the project bid documentation including project plans and specifications. Smith Group is the project’s Architect of Record. It is our understanding that this project involves the construction of Phase 2 of the City of South San Francisco’s Library, Parks and Recreation project, which includes four key components including: an 84,250 SF, three-story building; a 12,400 SF parking garage; surface parking; and a 1.35-acre park. The planned exterior building envelope assemblies include cement plaster, stucco finish, planted green screen over stucco, curtain wall, operable glazing, and spandrel / vision glass. Estimated total project construction value is $100,000,000. At this time, Kitchell, the project’s General Contractor, is requesting ABBT provide third-party building envelope testing services for the systems listed. Based on our review of project specifications, ABBT is proposing to provide the following testing services via the following test methods: The following services outlined in the Specifications are the Owner’s responsibility. Our proposal currently provides budgetary pricing for the following services. ABBT can provide the following services based on the daily rates provided in proposal fee table: x Field Quality Assurance (QA) Observations o 07 13 00 Below Grade Waterproofing –3.6.B 8 visits min. Based on our understanding of your project requirements and our experience with similar projects, ABBT proposes the following scope of service: Scope of Services 1. Field QA Observation and Adhesion Testing (Below Grade Waterproofing) Specification section does not outline the number of observations but does outline the frequency. The following is ABBT’s recommendation based on the scale of the project. a) Conduct site visits to perform adhesion testing at the systems listed. Observations will be documented with field notes, sketches and digital photographs which will be the basis for our report. Scope includes: i. 07 13 00 Below Grade Waterproofing –Field Quality Control: EXHIBIT A Initials_______ Third-Party Building Envelope Testing Services Proposal Mr. Farshid Samsami South San Francisco Community Civic Campus – Phase 2 June 9, 2021 (Rev1. 7/26/2021) South San Francisco, CA Page 2 of 3 x Assume eight (8) site visits by a Field Monitor for up to 12 hours per visit inclusive of preparation, observations travel, and reporting. b) ABBT will prepare written observation reports for each site visit. Field reports will conform to ABBT’s reporting requirements. Our field reports will be created and distributed electronically. Proposal Fees Our fees for consulting services described above are broken out by the phases listed above. Item Service Phase Fee Type Fee (*) 1. Field QA Observations & Adhesion Testing 1.a 07 13 00 Below Grade Waterproofing $2,400 /day x 8 days $19,200 1b. 10% contingency Allowance $1,920 ABBT Total: $21,120 (*) The above noted fees and services shall be in accordance with our attached General Terms and Conditions. Services will be invoiced monthly and will include a detail of staff labor and documentation for reimbursable expenses. The above noted fees include project start-up, close-out fees, and insurance fees of 2% of total project cost before adding reimbursable expenses. Assumptions and Exclusions 1. ABBT is not the Architect of Record for the overall project design. ABBT is providing third-party Testing services for the building envelope systems described. 2. ABBT’s services are limited to those specifically described above. If additional services are requested or required, we will be pleased to provide you with an additional service agreement (ASA) once the scope of additional services is defined. 3. Proposal does not include lab testing. 4. Testing of other systems beyond those mentioned in our scope is excluded. 5. Design, Bidding and Permitting and Construction phase services are not included in this proposal. 6. ABBT will charge full service cost for each site visit cancelled by the client within 48 hours of the scheduled services due to any reason. 7. This proposal does not include design services or repair recommendations. ABBT is only performing testing based on “Pass/ Fail” criteria. 8. This proposal assumes that the Owner or their General Contractor will arrange for ABBT to have access to the necessary construction areas. Any fees or special equipment such as man lifts, extension ladders, etc. necessary to gain access are not included in this proposal but are assumed as allowances. 9. It is the responsibility of the project Contractor(s) to install fully functioning building enclosure systems that provide water tightness and meet the design intent. If the Contractor fails to comply with specifications and other documents, ABBT may require more field visits which would be performed at an additional time and expense fee, but not without prior approval from the Owner. 10. ABBT is not responsible for damages to finishes or tested membrane damages during or after our testing, including any potential water damage to interior/exterior of the building or test site. 11. Jobsite and Contractor Safety will be the sole responsibility of the Contractor. EXHIBIT A EXHIBIT A ABBT Standard Schedule of Fees (Updated July 2016) When Fees for services are based on the actual hours worked on the project by position, the billing rates will be in accordance with the following schedule: ©ABBT 2016 Page 4 of 5 Position Rate Position Rate Principal I $ 260.00 Building Technologist I $ 130.00 Principal II $ 280.00 Building Technologist II $ 140.00 Principal III $ 310.00 Building Technologist III $ 150.00 Principal IV $ 360.00 Field Monitor I $ 120.00 Associate I $ 200.00 Field Monitor II $ 130.00 Associate II $ 220.00 Field Monitor III $ 140.00 Associate III $ 230.00 Field Monitor (Part-Time) $ 150.00 Associate IV $ 240.00 CAD Graphics Specialist I $ 130.00 Consultant I $ 150.00 CAD Graphics Specialist II $ 140.00 Consultant II $ 170.00 CAD Graphics Specialist III $ 150.00 Consultant III $ 190.00 Admin Services $ 90.00 Consultant IV $ 210.00 Forensic Document Specialist $ 150.00 Construction Manager I $ 150.00 IT Consultant $ 150.00 Construction Manager II $ 170.00 Construction Manager III $ 190.00 Executive Project Manager $ 220.00 EXHIBIT A EXHIBIT B ABBT Standard Reimbursable Schedule (Updated July 2016) ©ABBT 2016 Page 5 of 5 1. All invoices for sub-contractors and sub-consultants retained by ABBT shall be reimbursed based on sub-consultants or sub-contractors invoice plus a 15% service charge. Alternately, CLIENT may enter into an agreement with the subcontractor or sub- consultant directly. 2. All outside vendors, rental costs, travel costs and expenses utilized for the project such as, airline travel, car rental, man lift rental, staging costs, reproduction, etc shall be invoiced to CLIENT, plus a 15% service charge. 3. Automobile expenses for personal or company vehicles will be charged at the Internal Revenue Service reimbursement rate in effect at the time the expense was incurred. Travel time is calculated from portal to portal, or round trip to the local ABBT office. 4. Reproduction costs for in-house plotting are $1.50 per square foot; color photocopying is $0.85 per 8 ½" x 11" page. Cost of black and white photocopying is $0.10 per 8 ½” x 11” page. Black and white printing on special paper is $0.20 per page. Cost of color printing and photocopying is $0.85 per 8 ½” x 11” page. 5. Delivery or shipping charges for samples, field testing equipment, etc. Laboratory equipment and instrumentation directly identifiable to the project. Purchase of specialized equipment and rental of equipment from outside vendors. 6. Photographs for project records and reproductions of drawings and reports. Photographs are charged at a flat rate of $35/roll of film including processing and handling. Digital photos are charged at a flat rate of $0.25 per image. Digital photos copied on to a CD or DVD are charged at a flat rate of $35 per disk. Digital photo reproduction for reports will be invoiced at $1.50/sheet. 7. Airfare, rental vehicles, other transportation, and living expenses incurred for out-of-town projects. Principals will travel on business class or better for flights longer than 2 hours in order to make efficient use of travel time. 8. For out-of-town travel, per diems will be charged according to published U.S. government rates. 9. Equipment and Other Reimbursable Expenses: 9.1. Boroscope usage will be invoiced at $200/day. 9.2. Nuclear Moisture Gauge usage will be invoiced at $600/day. 9.3. Fastener Pull Test Gauge usage will be invoiced at $200/day. 9.4. Ultrasonic Thickness Gauge usage will be invoiced at $200/day. 9.5. Infrared imaging will be invoiced at $250/day. 9.6. X-Ray imaging will be invoiced at $500/day for equipment rental, plus $100 per image. 9.7. Single Ply Membrane Seam Testing will be invoiced at $250/day, plus $25 per test. 9.8. Rebar size and cover meter usage will be invoiced at $200/day. 9.9. Half cell, potential for corrosion meter will be invoiced at $250 per day. 9.10. Impact echo testing equipment will be invoiced at $500 per day. 9.11. Spray rack(s) for water testing will be invoiced at $300/day. 9.12. Sample storage fee is $50 per month after the first 60 days of in-house storage. 9.13. Publications or other reference material needed to complete projects including AIA, AAMA, ASTM, NRCA, ASCE, ASHRAE, and similar standards. 9.14. Preparation and printing of AIA contract documents using metered AIA contract document software. 9.15. Reproduction costs for all outsourced printing, plotting photocopying, binding and other reproduction services. 9.16. Specialized sounding equipment for detection of delaminating or spalling concrete will be invoiced at $50/day. 9.17. Blower fans and room pressurization equipment will be invoiced at $250/day. 9.18. Electronic Field Vector Mapping Equipment will be invoiced at $250/day. 9.19. Temperature and Humidity Data Loggers will each be invoiced at $25/day. 9.20. Calcium Chloride Testing will be invoiced at $50/test. EXHIBIT A Form 590 20207061213 TAXABLE YEAR 2021 Withholding Exemption Certificate CALIFORNIA FORM 590 The payee completes this form and submits it to the withholding agent. The withholding agent keeps this form with their records. Withholding Agent Information Name Name □ SSN or ITIN □ FEIN □ CA Corp no. □ CA SOS file no. Address (apt./ste., room, PO box, or PMB no.) City (If you have a foreign address, see instructions.) State ZIP code Exemption Reason Check only one box. By checking the appropriate box below, the payee certifies the reason for the exemption from the California income tax withholding requirements on payment(s) made to the entity or individual. CERTIFICATE OF PAYEE: Payee must complete and sign below. To learn about your privacy rights, how we may use your information, and the consequences for not providing the requested information, go to ftb.ca.gov/forms and search for 1131 . To request this notice by mail, call 800.852.5711. Under penalties of perjury, I declare that I have examined the information on this form, including accompanying schedules and statements, and to the best of my knowledge and belief, it is true, correct, and complete. I further declare under penalties of perjury that if the facts upon which this form are based change, I will promptly notify the withholding agent. Type or print payee’s name and title ___________________________________________________ Telephone _________________ Payee Information □Individuals — Certification of Residency: I am a resident of California and I reside at the address shown above. If I become a nonresident at any time, I will promptly notify the withholding agent. See instructions for General Information D, Definitions. Payee’s signature ▶ Date ______________________ □Corporations: The corporation has a permanent place of business in California at the address shown above or is qualified through the California Secretary of State (SOS) to do business in California. The corporation will file a California tax return. If this corporation ceases to have a permanent place of business in California or ceases to do any of the above, I will promptly notify the withholding agent. See instructions for General Information D, Definitions. □Partnerships or Limited Liability Companies (LLCs): The partnership or LLC has a permanent place of business in California at the address shown above or is registered with the California SOS, and is subject to the laws of California. The partnership or LLC will file a California tax return. If the partnership or LLC ceases to do any of the above, I will promptly inform the withholding agent. For withholding purposes, a limited liability partnership (LLP) is treated like any other partnership. □Insurance Companies, Individual Retirement Arrangements (IRAs), or Qualified Pension/Profit-Sharing Plans: The entity is an insurance company, IRA, or a federally qualified pension or profit-sharing plan. □California Trusts: At least one trustee and one noncontingent beneficiary of the above-named trust is a California resident. The trust will file a California fiduciary tax return. If the trustee or noncontingent beneficiary becomes a nonresident at any time, I will promptly notify the withholding agent. □Estates — Certification of Residency of Deceased Person: I am the executor of the above-named person’s estate or trust. The decedent was a California resident at the time of death. The estate will file a California fiduciary tax return. □Nonmilitary Spouse of a Military Servicemember: I am a nonmilitary spouse of a military servicemember and I meet the Military Spouse Residency Relief Act (MSRRA) requirements. See instructions for General Information E, MSRRA. □Tax-Exempt Entities: The entity is exempt from tax under California Revenue and Taxation Code (R&TC) Section 23701 ______ Internal Revenue Code Section 501(c) _____ the withholding agent. Individuals cannot be tax-exempt entities. (insert letter) or (insert number). If this entity ceases to be exempt from tax, I will promptly notify ABB Testing LLC ✔ 83-1882455 990 Commercial Street Palo Alto CA 94303 ✔ John Kelleher, CFO (650) 543-5600 05/06/2021John Kelleher Digitally signed by John Kelleher DN: C=US, E=jkelleher@abbae.com, O=Allana Buick & Bers, OU=CFO, CN=John Kelleher Date: 2021.05.06 11:53:41-07'00' EXHIBIT A ANY PROPRIETOR/PARTNER/EXECUTIVEOFFICER/MEMBER EXCLUDED? INSR ADDL SUBRLTR INSD WVD PRODUCER CONTACTNAME: FAXPHONE(A/C, No):(A/C, No, Ext): E-MAILADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY) AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATIONAND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER:GENERAL AGGREGATE $ PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT OTHER:$ COMBINED SINGLE LIMIT $(Ea accident) ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED BODILY INJURY (Per accident) $AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $AUTOS ONLY AUTOS ONLY (Per accident) $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH-STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION © 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03) CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 6/11/2021 License # 0757776 (442) 244-6919 (951) 231-2572 20478 ABB Testing LLC 990 Commercial Street; Palo Alto, CA 94303 20443 35289 16624 A 1,000,000 XX6043425201 10/1/2020 10/1/2021 1,000,000 15,000 1,000,000 2,000,000 2,000,000 1,000,000B X 6043425182 10/1/2020 10/1/2021 10,000,000C 6043425196 10/1/2020 10/1/2021 10,000,000 10,000 D Prof Liab-ClaimsMade 03125279 10/1/2020 Per Claim/Aggregate 5,000,000 D Condo Ded: 150,000 03125279 10/1/2020 10/1/2021 Deductible 50,000 RE: Project #2106-02333 - Kitchell CEM - South San Francisco Community Civic Campus – Phase 2 for Third-Party Building Envelope Testing Services, 400 Grand Avenue, South San Francisco, CA 94080. City of South San Francisco and its officers, employees, agents, and volunteers are Additional Insured with regard to General Liability when required by written contract per the attached endorsement form CNA75079XX-1016, Primary & Non-Contributory included. Waiver of Subrogation with regard to General Liability applies when required by written contract per the attached endorsement form CNA74858XX-0115. Additional Insured with regard to Auto Liability when required by written contract per the attached endorsement form CA2048 10/13. Primary & Non -Contributory wording applies with regard to Auto Liability when required by written contract per the attached endorsement form CNA71527XX 10/12. Umbrella follows form of underlying coverages. City of South San Francisco City Clerk 400 Grand Avenue South San Francisco, CA 94080 ALLABUI-01 PGOWDA HUB International Insurance Services Inc.2300 Clayton Rd Concord, CA 94520 Corie Gist Cal.CPU@Hubinternational.com National Fire Insurance Company of Hartford Continental Casualty Company The Continental Insurance Company Allied World Specialty Insurance Company 10/1/2021 X X XX X X X X EXHIBIT A CNA PARAMOUNT Blanket AdditionalInsured-Owners,Lesseesor Contractors - with Products-Completed Operations Coverage Endorsement Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Itis understood and agreed as follows: I. WHO ISAN INSURED is amended to include asan Insured any person or organization whom you are required by written contract to add asan additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole orin part by your acts or omissions, or the acts or omissions of those acting on your behalf: A.in the performance of your ongoing operations subject to such written contract; or B.inthe performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1.the written contract requires you to provide the additional insured such coverage; and 2.this coverage part provides such coverage. II.But if the written contract requires: A.additional insured coverage underthe11-85 edition, 10-93 edition, or10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B.additional insured coverage with "arising outof" language; or C.additional insured coverage tothe greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO ISAN INSURED is amended to include asan Insured any person or organization whom you are required by written contract to add asan additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising outof your work that is subject to such written contract. III.Subject always tothe terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A.coverage broader than required bythe written contract; or B.a higher limit of insurance than required by the written contract. IV.The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A.the rendering of,or the failure to render, any professional architectural, engineering, or surveying services, including: 1.the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2.supervisory, inspection, architectural or engineering activities; or B.any premises or work for which the additional insured is specifically listed asan additional insured on another endorsement attached to this coverage part. V.Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Page 1 of 2 Insured Name: ALLANA BUICK & BERS, INC. Policy No: 6043425201 Effective Date: 10/01/20 EXHIBIT A CNA PARAMOUNT Blanket AdditionalInsured-Owners,Lesseesor Contractors - with Products-Completed Operations Coverage Endorsement Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Primary and Noncontributory Insurance With respect toother insurance available tothe additional insured under which the additional insured is a named insured, this insurance is primary toand will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy tobe: 1.primary and non-contributing with other insurance available to the additional insured; or 2.primary andtonot seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI.Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties InThe Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1.give the Insurer written notice ofany claim, orany occurrence or offense which may result in a claim; 2.send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement ofthe claim; and 3.make available any other insurance, and tender the defense and indemnity ofany claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, ifthe written contract requires this insurance tobe primary andnon-contributory, this paragraph 3.does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII.Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A.is currently in effect or becomes effective during the term of this policy; and B.was executed prior to: 1.the bodily injury or property damage; or 2.the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions ofthe Policy remain unchanged. CNA75079XX (10-16) Page 2 of 2 Insured Name: ALLANA BUICK & BERS, INC. Policy No: 6043425201 Effective Date: 10/01/20 Thisendorsement,whichformsapartofandisforattachmenttothePolicyissuedbythedesignatedInsurers,takeseffect on theeffectivedateofsaidPolicyatthehourstatedinsaidPolicy,unlessanothereffectivedateisshownbelow,and expiresconcurrentlywithsaidPolicy. EXHIBIT A EXHIBIT A EXHIBIT A - POLICY NUMBER: 6043425182 COMMERCIAL AUTO CA 20 48 1013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who IsAn Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Each person or organization shown in the Schedule is an Autos Liability Coverage in the Business Auto and Motor "insured" for Covered Autos Liability Coverage, but only tothe extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Carrier Coverage Forms and Paragraph D.2. of Section I -Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 Copyright, Insurance Services Office, Inc., 2011 Page 1 of 1 Named Insured:ALLANA BUICK &BERS I INC. Endorsement Effective Date: 10/01/20 NameOf Person(s) OrOrganization(s): ANY PERSONS OR ORGANIZATION THAT THE NAME INSURED IS OBLIGATED TO PROVIDE INSURANCE WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED, BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSION OF A PERSON FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY Information requiredto complete this Schedule,if notshown above, will beshown inthe Declarations. EXHIBIT A EXHIBIT A City of South San Francisco General Liability Insurance –Self-Insured Retention (SIR) Questionnaire Please print these questions on your company letterhead, answer the questions, and sign the form. If you have questions, please contact: ABB Testing LLC John Kelleher CFO 650-543-5600 jkelleher@abbae.com 1. Do you have Self-Insured Retention (SIR) related to the liability coverage? If so, how much is it? a. None 2. Do you have a deductible related to the liability coverage? If so, how much is it? a. $25K for residential projects 3. Does your insurance have a provision stating that no one else can pay the deductible except the contractor? a. No 4. Does the insurance agreement permit the City as an additional insured to pay the amount of the SIR or deductible if the contractor does not? a. No EXHIBIT A July 9, 2021 (Revised 04/14/2022) City of South San Francisco ATTN: Jacob Gilchrist, Director of Capital Projects 500 North Canal Street San Francisco, CA 94080 CC: Mr. Farshid Samsami Senior Project Manager Kitchell CEM 71 Stevenson Street, Suite 400 San Francisco, CA Re: Proposal for Third-Party Building Envelope Testing and Inspection Services South San Francisco Community Civic Campus – Phase 2 Library, Parks & Recreation and Community Theater (City Project pf2103 – RFP #2652) 400 Grand Avenue South San Francisco, CA 94080 ON: 2012-01574 Dear Mr. Gilchrist, ABB Testing (ABBT) is pleased to present City of South San Francisco (City) and Kitchell CEM (Kitchell) with this proposal to provide Third-Party Building Envelope Testing and Inspection Services for the above referenced project located in South San Francisco, California. At Kitchell’s request, we have revised our original proposal to remove the Below-Grade Monitoring services scope/fee, since this scope was pulled out and put into a separate proposal. Our revised fee total is provided in the enclosed Attachment 8 – Inspection Cost Worksheet. Background To assist us with our proposal, you have provided us with the project RFP issued June 18, 2021 including project bidding documentation, plans and specifications. Smith Group is the project’s Architect of Record. It is our understanding that this project involves the construction of Phase 2 of the City of South San Francisco’s Library, Parks and Recreation project, which includes four key components including: an 84,250 SF, three-story building; a 12,400 SF parking garage; surface parking; and a 1.35-acre park. The planned exterior building envelope assemblies include cement plaster, stucco finish, planted green screen over stucco, curtain wall, operable glazing, and spandrel / vision glass. Estimated total project construction value is $81,372,971. At this time, The City of South San Francisco through Kitchell, the project’s Construction Manager, is requesting ABBT to provide third-party building envelope testing services for the systems listed. Based on our review of project specifications, ABBT is proposing to pro vide the following testing and inspection services via the following test methods: •Electronic Leak Detection (ELD) Testing o 07 14 13 Hot Fluid Applied Waterproofing – 3.10.B Field Quality Control ▪Low-Voltage ELD Testing via Platform Scanner •Adhesion Testing o 07 92 13 Exterior Joint Sealants – 3.5.C Field Quality Control ▪Non-Destructive Field Adhesion Testing – 3.5.C.1 ▪Destructive Field Adhesion Testing – 3.5.C.2 Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 2 of 9 ▪ Visual Observations – 3.5.C.3 • Fenestration Water Spray Testing using hose and nozzle via AAMA 501.2 o 08 42 26 Exterior Glass Entrances – 3.3.B o 08 43 13 Aluminum Framed Storefronts – 3.5.F.1 o 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.E o 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.F o 08 62 00 Unit Skylights – 3.3.B • Fenestration Water Penetration and Air Leakage Testing using chamber via ASTM E1105 & E 783 o 08 42 26 Exterior Glass Entrances – 3.3.E.2-3 o 08 43 13 Aluminum Framed Storefronts – 3.5.F.2-3 o 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.E.1-2 • Fenestration Water Penetration using chamber via ASTM E1105 o 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.F.4 • Field Quality Assurance (QA) Observations o 07 27 00 Air Barriers – 3.4.B ▪ 4 visits o Exterior Building Envelope/Waterproofing ▪ 7 visits • Roofing • Exterior walls / waterproofing • Sealants • Curtain Wall • Field Water Penetration Resistance Testing o 07 27 00 Air Barriers – 3.4.C Field Quality Control, Testing ▪ 3 days of testing per ASTM E1105 ABBT Recommended Services (as needed by Kitchell): The following services are based on past requests from Kitchell for observations of building envelope and waterproofing systems. At this time, ABBT recommends a limited number of site visits that can be performed as directed by Kitchell. We recommend: Based on our understanding of your project requirements and our experience with similar projects, ABBT proposes the following scope of service: Scope of Services 1. Electronic Leak Detection (ELD) Testing (2,200 SF Level 2 Plaza HRA Waterproofing) Electronic Leak Detection (ELD) Testing Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 3 of 9 a) Receive and review available as-built or record drawings, plans, specifications, and other relevant documentation to provide our Staff with an understanding of the proposed project and existing conditions for preparing our testing protocol. b) Prepare testing protocol, check-list, and testing equipment in accordance with ASTM D7877. c) Conduct site visits to perform Low-Voltage ELD testing on waterproofing membrane. Observations will be documented with field notes, sketches, and photos which will be summarized our report. i. Prior to testing any exposed membrane, voids, deficiencies, defects or concerns will be documented. ii. This proposal assumes Owner will provide a potable water source with a minimum 30 psi water pressure and 110-volt exterior grounded power supply within or directly adjacent to the propose d testing area(s). ABBT will provide ASTM compliant or uniform ELD testing equipment. iii. This proposal includes one (1) full-day site visit for the waterproofing ELD testing and observation. d) Prepare an ELD Testing Report. The Testing Report will include: i. Description of the testing we performed. ii. Written descriptions of our observations and ELD testing results. iii. Roof sketch location observed and ELD identifying deficiencies e) Re-testing is EXCLUDED from this proposal. ABBT can provide an additional services agreement for re-testing if requested. f) Report to be provided to the Owner in electronic (PDF) format and will be made available within 72 hours of our final site visit 2. Field QA Observation and Adhesion Testing (Exterior Sealant Joints) Specification section does not outline the number of observations but does outline the frequency. The following is ABBT’s recommendation based on the scale of the project. a) Conduct site visits to perform adhesion testing at the systems listed. Observations will be documented with field notes, sketches and digital photographs which will be the basis for our report. Scope includes: i. 07 92 13 Exterior Joint Sealants – Field Quality Control: • Assume two (2) site visits by a Field Monitor for up to 12 hours per visit inclusive of preparation, observations travel, and reporting. • Site visits will include the following based on specification section 07 92 13 – 3.5.C Field Quality Control: a. Non-Destructive Field Adhesion Testing b. Destructive Field Adhesion Testing c. Visual Observations b) ABBT will prepare written observation reports for each site visit. Field reports will conform to ABBT’s reporting requirements. Our field rep orts will be created and distributed electronically. 3. Water Spray Testing Services (AAMA 501.2) • 08 42 26 Exterior Glass Entrances – 3.3.B Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 4 of 9 o 3 visits min. • 08 43 13 Aluminum Framed Storefronts – 3.5.F.1 o 3 visits min. • 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.E o 1 visit min. • 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.F o 4 visits min. • 08 62 00 Unit Skylights – 3.3.B o 1 visit min. Total = 12 visits ABBT’s water testing scope includes the following: a) Receive and review the project documentation including as-built or record drawings, specifications, shop drawings, submittals to provide our staff with an understanding of the window construction, testing requirements and project schedule. b) Conduct water hose testing of the systems outlined above in accordance with AAMA 501.2. Observations will be documented with field notes, sketches, and photos, which will be the basis for our report. ABBT’s testing scope will include: i. Assume each day or visit includes two (2) Field Monitors on site to conduct testing and observations in accordance with the provisions of specification sections outlined above. ii. Equipment and supplies necessary to provide AAMA 501.2 testing. ABBAE will provide hoses, spray nozzle. Contractor will provide water source, access via lift if necessary. iii. On the day of testing, ABBT will set up testing equipment, and conduct the water and air infiltration testing according to the project specifications. c) EXCLUDED – Re-testing is excluded from this proposal. ABBT can provide an additional service agreement for re-testing if requested. d) Prepare a water testing report documenting the test results and our recommendations for furth er testing and/or repairs if required. Report will be provided within 3 business days of testing date. 4. Water Penetration and Air Leakage Testing Services (ASTM E1105 or ASTM E 1105/E783 combined) ASTM E 1105 and E 783 combined: • 08 42 26 Exterior Glass Entrances – 3.3.E.2 and 3 o 1 visit min • 08 43 13 Aluminum Framed Storefronts – 3.5.F.2 and 3 o 3 visits min • 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.E.1 and 2 o 1 visit min Total = 5 visits Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 5 of 9 ASTM E 1105 only: • 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.F.4 o 4 visits min ABBT’s water testing scope includes the following: a) Receive and review the project documentation including as-built or record drawings, specifications, shop drawings, submittals to provide our staff with an understanding of the window construction, testing requirements and project schedule. b) Conduct in field pressurized window water penetration resistance testing via ASTM E1105, and air leakage testing via ASTM E 783 simultaneously, for the systems outlined above. Observations will be documented with field notes, sketches, and photos, which will be the basis for our report. The water testing scope will include: i. Assume each day or visit includes one (1) Field Monitor and one (1) Consultant on site to conduct testing and observations in accordance with the provisions of specification sections outlined above. ii. ABBT will spray water from a calibrated spray rack at the exterior window locations identified in our testing protocol. Spray rack and 100’ of hoses to be provided by ABBT. Contractor will provide potable water (min. 30 psi), power, and the required scaffolding, man lifts, ladders, and other equipment as required for our staff to safely access the interior and exterior sides of the testing areas. iii. An allowance for a scissor lift rental is included in our budget. c) EXCLUDED – Re-testing is excluded from this proposal. ABBT can provide an additional service agreement for re-testing if requested. d) Contractor responsibilities for Water Testing (ABBT exclusions): i. Complete installations of sample windows are the responsibility of the Contractor. A show-up fee of full service cost will be charged to the project if the samples are not ready for testing. This fee can be back-charged to the contractor by the Owner. The following must be completed prior to testing • Window and window waterproofing installation. Cladding or exterior insulation shall not be installed as to obstruct the testing. • Exterior (if designed) and interior sealants that interface with window frame. • Drywall shall not obstruct the view of the window assembly from the interior. Drywall removal and repair necessary to observe the testing are the responsibility of the Contractor. • Scheduling and coordination of the appropriate team members on the dates of testing shall be completed by the Contractor. If ABBT is requested to handle this duty, additional time and fee will be necessary. • Contractor shall provide one (1) week’s notice to ABBT prior to testing. • Owner’s Contractor to construct test chambers as outlined in ABBT’s testing protocol, if needed. • Water providing a minimum of 25 psi at the location of the sample and power within 20 feet of the sample. Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 6 of 9 • Materials, debris, and any other obstructions shall be removed from the sample area prior to our arrival. • Access to both the exterior and interior of the testing sample. Lifts, scaffolding or swing stages shall be provided by the Contractor for samples 15 feet or higher. • If an interior buck is needed for the penetration testing, disposal of the buck shall be the responsibility of the Contractor. e) Prepare a water testing report documenting the test results and our recommendations for further testing and/or repairs if required. Report will be provided within 3 business days of testing date. 5. Field Quality Assurance (QA) Observation a) Conduct site visits to perform observations of the systems listed. Observations will be documented with field notes, sketches and digital photographs which will be the basis for our report. Scope includes: i. 07 27 00 Air Barriers – 3.4.B • Assume four (4) site visits by a Field Monitor for up to 12 hours per visit inclusive of preparation, observations travel, and reporting. b) ABBT will prepare written observation reports for each site visit. Field reports will conform to ABBT’s reporting requirements. Our field rep orts will be created and distributed electronically. ii. Exterior Building Envelope & Waterproofing: • Assume up to seven (7) half-day site visits by a Consultant for up to four (4) hours per visit inclusive of preparation, observations travel, and reporting. • Systems may include: roofing, exterior walls, exterior waterproofing, sealants, curtain wall, etc. a) ABBT will prepare written observation reports for each site visit. Field reports will conform to ABBT’s reporting requirements. Our field reports will be created and distributed electronically. 6. Water Penetration Testing Services (Air Barriers) ASTM E 1105 only: • 07 27 00 Air Barriers – 3.4.C Field Quality Control, Testing o Per Spec, assume 3 tests at 10%, 35% and 70% (up to 3 visits total) *Space Intentionally Left Blank* Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 7 of 9 Proposal Fees Our fees for testing and inspection services described above have been outlined in Attachment 8 – Inspection Cost Worksheet, which is enclosed separately. Fees are also outlined below: Completed Services: Opp # Completed Services Fee (*) 2106-02333 Field QA Observation & Adhesion Testing (Below-Grade Waterproofing) $21,120 2012-01574.01 Laboratory Mock-up Testing (by third-party lab) $71,500 Future Remaining Services (This Proposal): Item Service Phase Fee Type Fee (*) Specification Required ‘Owner’ Services 1. Electronic Leak Detection (ELD) 1a. ELD via Low-Voltage Scanner Testing $2,500 / day x 1 Day $2,500 2. Field QA Observations & Adhesion Testing 2.a 07 92 13 Exterior Joint Sealants (Incl. Non-Destructive & Destructive Field Adhesion Testing) $2,400 /day x 2 days $4,800 3. Fenestration Water Spray Testing Using Hose & Nozzle (AAMA 501.2) 3.a 08 42 26 Exterior Glass Entrances $2,950 / day x 3 Days $8,850 3.b 08 43 13 Aluminum Framed Storefronts $2,950 / day x 3 Days $8,850 3.c 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.E $2,950 / day x 1 Day $2,950 3.c 08 44 23 Structural Sealant Glazed Curtain Walls – 3.9.F $2,950 / day x 4 Days $11,800 3.d 08 62 00 Unit Skylights $2,950 / day x 1 Day $2,950 4. Fenestration Water Penetration and Air Leakage Testing (ASTM E1105 & E783) 4.a 08 42 26 Exterior Glass Entrances $3,750 / day x 1 Day $3,750 4.b 08 43 13 Aluminum Framed Storefronts $3,750 / day x 3 Days $11,250 4.c 08 44 23 Structural Sealant Glazed Curtain Walls $3,750 / day x 1 Day $3,750 5. Fenestration Water Penetration Only (ASTM E1105) 5.a 08 44 23 Structural Sealant Glazed Curtain Walls $3,750 / day x 4 Days $15,000 (Fees continued from above) Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 8 of 9 6. Field QA Observations 6.a 07 27 00 Air Barriers $2,400 /day x 4 days $9,600 6.b Misc. Exterior Building Envelope & Waterproofing $2,400 /day x 7 days $16,800 7. Field Water Penetration Resistance Testing 7.a 07 27 00 Air Barriers $3,750 / day x 3 Days $11,250 8. Equipment Allowances: 8.a Boom Lift Rental Allowance Time and Expense $2,000 8.b Interior Chamber Construction & Demo Allowance Time and Expense $3,900 TOTAL FEE $120,000 Assumptions and Exclusions 1. ABBT is not the Architect of Record for the overall project design. ABBT is providing third-party Testing services for the building envelope systems described. 2. ABBT’s services are limited to those specifically described above. If additional services are requested or required, we will be pleased to provide you with an additional service agreement (ASA) once the scope of additional services is defined. 3. Proposal does not include lab testing. 4. Testing of other systems beyond those mentioned in our scope is excluded. 5. Design, Bidding and Permitting and Construction phase services are not included in this proposal. 6. ABBT will charge full service cost for each site visit cancelled by the client within 48 hours of the scheduled services due to any reason. 7. This proposal assumes that the Owner or their General Contractor will arrange for ABBT to have access to the necessary construction areas. Any fees or special equipment such as man lifts, extension ladders, etc. necessary to gain access are not included in this proposal but are assumed as allowances. 8. It is the responsibility of the project Contractor(s) to install fully functioning building enclosure systems that provide water tightness and meet the design intent. If the Contractor fails to comply with specifications and other documents, ABBT may require more field visits which would be performed at an additional time and expense fee, but not without prior approval from the Owner. 9. ABBT is not responsible for damages to finishes or tested membrane damages during or after our testing, including any potential water damage to interior/exterior of the building or test site. 10. Jobsite and Contractor Safety will be the sole responsibility of the Contractor. Initials_______ Third-Party Building Envelope Testing and Inspection Services Proposal Mr. Jacob Gilchrist South San Francisco Community Civic Campus – Phase 2 July 9, 2021 (Revised 04/14/2022) South San Francisco, CA Page 9 of 9 Agreement Our Agreement consists of this executed proposal and the enclosed General Terms and Conditions. We will initiate this project upon receipt of your written authorization to proceed. If this Agreement is acceptable, please sign and return one copy by email to contracts@abbae.com, US Mail, or FAX. When ABBT is requested to perform services described in this proposal prior to receiving an executed Agreement from you, such request will constitute an acceptance of this agreement. If you request ABBT to provide services in addition to those specifically outlined in this agreement, it is understood that ABBT will invoice for those additional services on a time and expense basis in accordance with our attached General Terms and Conditions. Thank you for this opportunity to be of service to City of South San Francisco and Kitchell CEM. Please call us if you have any questions regarding this proposal or other aspects of our capabilities. Very truly yours, Allana Buick & Bers, Inc. Petersen Lambert, P.E. Principal, Testing Division Manager Enclosures: General Terms and Conditions (2020) This proposal and attached General Terms and Conditions are accepted by: City of South San Francisco C/o: Kitchell CEM _______________________________ ____________________________ ____________ Authorized Signature Printed Name Date City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-15 Agenda Date:4/27/2022 Version:1 Item #:16. Report regarding holding a Public Hearing on the City of South San Francisco’s Fiscal Year 2022-23 Annual Action Plan for the Community Development Block Grant Program and consideration of adopting a resolution: 1)approving the FY 2022-23 Annual Action Plan;2)authorizing its submittal and all other required documents to the U.S.Department of Housing and Urban Development;3)accepting funds from all sources and approving appropriation of CDBG and HOME Administrative fund expenditures as detailed in Attachment 1 for the FY 2022-23 CDBG operating budget ;4)authorizing the City Manager to execute all documents and certifications necessary to secure and award the CDBG and HOME Administrative Funds for the City;and 5)approving an appropriation of $101,050 from the Housing Trust Fund for the FY 2022-23 operating budget to support non- profit organizations that provide homeless prevention programs for South San Francisco residents.(Heather Ruiz, Management Analyst II) RECOMMENDATION Staff recommends that the City Council hold a Public Hearing to receive public testimony on the FY 2022-23 (FY 22-23)Annual Action Plan (Action Plan)for the Community Development Block Grant (CDBG) Program and adopt a resolution: ·Approving the FY 22-23 Action Plan; ·Authorizing submittal of the FY 22-23 Action Plan and all other required documents to the U.S. Department of Housing and Urban Development (HUD); ·Accepting funds from all sources and approving appropriation of CDBG and HOME Administrative fund expenditures as detailed in Attachment 1 for the FY 22-23 CDBG operating budget; ·Authorizing the City Manager to execute all documents and certifications necessary to secure and award CDBG and HOME Administrative Funds (HOME) for the City; and ·Approving an appropriation of $101,050 from the Housing Trust Fund for the FY 22-23 operating budget to support non-profit organizations that provide homeless prevention programs for South San Francisco residents. BACKGROUND/DISCUSSION The purpose of this public hearing is to hear public comments on the City’s draft FY 22-23 Action Plan for the City’s CDBG Program.The Action Plan assesses the City’s housing,community and economic development needs and available resources,and outlines a strategy to address them.The Action Plan includes the CDBG and HOME administrative funded grant allocations to non-profit agencies for FY 22-23. Federal legislation requires citizen participation in all phases of the development of an action plan;accordingly, two public hearing were scheduled.The first public hearing was on March 9,2022,to obtain the views of citizens on housing, community, and economic development needs. The April 27,2022,hearing is the second and final hearing to receive public comments on the Action Plan.This is also the final public hearing regarding CDBG funding allocations for FY 22-23.The Action Plan was made available on March 28,2022,for the 30-day public comment period and public notice of the Action Plan’s City of South San Francisco Printed on 4/28/2022Page 1 of 5 powered by Legistar™ File #:22-15 Agenda Date:4/27/2022 Version:1 Item #:16. availability for comment was published in the San Mateo County Times on March 28, 2022. DISCUSSION Funding Recommendations The City Council reviewed all funding requests and heard public testimonies at the March 9,2022,Needs Assessment Hearing.During the hearing,18 non-profit organizations made public comments.All these non- profits were seeking CDBG or HOME Administrative Funds;they provided information on their programs and thanked City Council for their support. On March 14,2022,the CDBG Subcommittee of the City Council (Subcommittee)met to provide staff with direction on funding priorities,which were incorporated in the Action Plan.At present,the City has not been notified of the entitlement allocation for FY 22-23.Typically,staff and Council identify their priorities and draft a budget with the assumption that the City will receive the same amount as the previous year.The City of South San Francisco received $508,064 in FY 21-22;however,with the great shift in budget priorities and regulations at the federal level it has been extremely difficult to anticipate what the FY 22-23 budget will include for entitlement cities. Attachment 1 provides the estimated CDBG budget for FY 22-23.These funding allocations are estimates and will be adjusted once the notice of entitlement has been received from HUD.Should the final funding allocation be 20%higher or lower than anticipated,staff will return to the Subcommittee and/or City Council to revise the funding proposals,in accordance with HUD guidelines. Pursuant to federal spending limitations,a total of 15%of the entitlement amount plus 15%of prior year Program Income may be allocated to non-profit organizations for public service activities.The amount available for public service is currently undetermined,however in the past it has been approximately $80,000 per year.CDBG administration costs (i.e.,City staff and consultant time to administer the grant)also have a mandated spending limitation of 20%of the entitlement amount plus 20%of the estimated current year program income.Note that the maximum percentage of dedicated funding for Public Services (15%)and Administrative Costs (20%)are HUD regulated formulas and cannot be adjusted. CDBG Programs The following is a summary of currently funded activities under the CDBG program.At its discretion,City Council may adopt or modify the Subcommittee’s preliminary funding recommendations. FY 22-23 is the start of a new two-year cycle.Those organizations (or grantees)that are approved for grant funding this first year will need to submit a renewal application the second year.The City received 18 new applications,including two new proposals.All minor home repair program providers applied for the FY 22-23 grant cycle. Please refer to Attachment 2 for the recommended funding and programs. Public Services (Non-profits) CDBG FY22-23 Entitlement Funds ($72,000) Attachment 2,lines 2-6 show the five non-profit organizations selected to receive CDBG funding.These organizations include Health Mobile,Peninsula Family Service,Friends for Youth,Rape Trauma Services Center, and Ombudsman Services of San Mateo County of which all provide public services to the community. City of South San Francisco Printed on 4/28/2022Page 2 of 5 powered by Legistar™ File #:22-15 Agenda Date:4/27/2022 Version:1 Item #:16. CDBG-CV Funds ($65,000) In addition to CDBG funding,the City received CDBG-CV funds in 2020 to prevent,prepare for,and respond to the spread of COVID-19 pandemic.These funds have since been used for programs such as economic development,digital divide,public services,and facilities upgrade.Two of the 18 applicants for public services received CDBG-CV grant funding,Peninsula Volunteers and Renaissance Entrepreneurship Center.Staff recommend that these organizations be funded through CDBG-CV. Please refer to Attachment 2, lines 18-22. Housing Trust Fund (Fund 205) ($101,050) The CDBG Subcommittee and staff recommend funding six additional grantees -CORA,HIP Housing, Samaritan House,Life Moves,Legal Aid,and StarVista through the City’s Housing Fund (Fund 205) instead of CDBG.Together,these non-profits provide housing production and housing programs, such as shelters,transitional housing,legal assistance,and housing referrals to lower income South San Francisco residents,which are eligible for funding through the City’s Housing Fund.This will allow the City to provide funding to non-profits providing critical resources to the community,without impacting the City’s General Fund. Please refer to Attachment 2, lines 9-15. HOME Funds ($12,000) In the past,the City has allocated the HOME Administrative Funds it receives from the County for fair housing activities.CDBG regulations require that the City use HOME funding to affirmatively further fair housing and,these activities can only be funded from administration or public service funds.The City has not yet received notification from HUD or the County regarding the entitlement amount but has estimated the FY 22-23 allocation to be $12,000.The City had only one applicant for this funding, Project Sentinel. Please refer to Attachment 2, line 34. Minor Home Repair Programs ($108,000) The CDBG Subcommittee recommends funding the three non-profits (CID-Housing Accessibility Modification Program,El Concilio,and Rebuilding Together)that implement a total of four programs. All four of these programs have received CDBG funding in previous years.Please refer to Attached 2, lines 25-28. City Sponsored Activities ($77,000) The City-Sponsored Activities for housing include the debris box vouchers,emergency home repairs and the housing rehabilitation loan program.The CDBG Subcommittee recommends retaining a small budget for the Housing Rehab Loan Program,as well as continuing to fund Debris Box Vouchers and Emergency Home Repairs.Attachment 1,lines 23-27 provide details on funding for the City-Sponsored Activities. Housing Rehabilitation Program The housing rehabilitation loan program is currently being evaluated to help streamline the administration of loans and the construction process.Staff has been evaluating and pursuing a collaborative effort with other members of the CDBG San Mateo County Cohort to help minimize staff time and provide a cost-effective approach to the administrative requirements for the rehabilitation loan programs. Please refer to Attachment 1, line 24. Debris Box Vouchers Debris Box Vouchers are issued to clear code violations and for emergencies.Debris box vouchers are targeted for the cleanup of conditions that affect the health,safety,or appearance of properties.Please refer to City of South San Francisco Printed on 4/28/2022Page 3 of 5 powered by Legistar™ File #:22-15 Agenda Date:4/27/2022 Version:1 Item #:16. Attachment 1, line 25. Emergency Home Repair Vouchers Emergency Home Repair Vouchers are provided as grants of up to $5,500 for qualifying homeowners.These vouchers apply to emergency minor home repairs and minor code violations,such as broken sewer lines,water heater replacement,roof repairs,broken windows,etc.These grants have no fees or charges except any required permit fees.The homeowner is responsible for any costs beyond the grant amount.Please refer to Attachment 1, line 26. Public Improvement Programs ($130,000) For FY 22-23,CDBG funds are proposed to be used to make public improvements.Such projects include updating and improving lighting to address safety concerns in the public right of way, improving public pathways, or ADA access improvements. Please refer to Attachment 1, line 21. FISCAL IMPACT If approved by resolution, the CDBG budget and the City’s housing funds will be fiscally impacted as described above. RELATIONSHIP TO STRATEGIC PLAN By completing the HUD-mandated public process,including the required Annual Action Plan,the City will be able to secure its allocation of CDBG funds for the coming year.This,in turn will advance several components of the City’s Strategic Plan, in particular: ·Provide funding for social services and public projects to support residents (Strategic Plan Priority #2 Quality of Life); ·Help fund non-profits that work to address various affordable housing-related issues (Initiative 2.3 - Promote a balanced mix of housing options); ·Shift the financial burden away from the City’s General Fund by securing Federal grant funds (Priority Area 3 Financial Stability); and ·Partner with non-profits that provide information to residents and help strengthen community relationship (Priority Area 6 Community Connections). CONCLUSION The CDBG Subcommittee and staff recommend that the City Council hear public testimony on the City’s FY 22-23 Annual Action Plan and adopt a resolution: ·Approving the FY 22-23 Action Plan; ·Authorizing submittal of the FY 22-23 Action Plan and all other required documents to the U.S. Department of Housing and Urban Development (HUD); ·Accepting funds from all sources and approving appropriation of CDBG and HOME Administrative fund expenditures as detailed in Attachment 1 for the FY 22-23 CDBG operating budget; ·Authorizing the City Manager to execute all documents and certifications necessary to secure and award CDBG and Home Administrative Funds (HOME) for the City; and ·Approving appropriation of $101,050 from the Housing Trust Fund for the FY 22-23 operating budget to support non-profit organizations that provide homeless prevention programs for South San Francisco residents. Attachments: City of South San Francisco Printed on 4/28/2022Page 4 of 5 powered by Legistar™ File #:22-15 Agenda Date:4/27/2022 Version:1 Item #:16. 1.FY 22-23 Budget 2.FY 22-23 Funding Recommendations 3.Presentation City of South San Francisco Printed on 4/28/2022Page 5 of 5 powered by Legistar™ CDBG FY 22-23 (Estimate) FY 21-22 (Actual) Entitlement Amount 450,000 508,064 Prior Years Uncommitted Funds (Estimated Rollover)100,000 80,000 Program Income Estimate 30,000 30,000 Total 580,000 618,064 CDBG-CV CDBG-CV CARES Act funds 172,878 692,000 HOME HOME Administrative Funds 12,000 14,842 ESTIMATED TOTAL FUNDS (ALL SOURCES)764,878 1,324,906 PUBLIC SERVICES Estimate Actual 15 % of FY 22-23 Entitlement 67,500 76,210 15% of Prior Year Program Income 4,500 14,390 Total Public Service Limit 72,000 90,600 CDBG ADMINISTRATION 20% of FY 22-23 Entitlement 90,000 101,613 20% of Estimated Current Year Program Income 6,000 6,000 Total Administration Limit 96,000 107,613 PUBLIC IMPROVEMENTS/PUBLIC FACILITIES Estimate Actual Public Improvements Projects 130,000 223,000 MINOR HOME REPAIR PROGRAMS 108,000 108,000 CITY SPONSORED ACTIVITIES Housing Rehabilitation Program 45,000 45,000 Debris Box Vouchers 2,000 2,000 Emergency Home Repairs 30,000 50,000 Total City Sponsored Activities 77,000 97,000 Total Non-Restricted Funds 315,000 428,000 NON-RESTRICTED CDBG FUNDS Attachment 1 Budget FY 2022-23 FUNDS AVAILABLE SPENDING LIMITS FOR CDBG FUNDS NOTE: All FY 22-23 Funds are estimates, final funding pending HUD allocations. Community Development Block Grant Program ATTACHMENT 2 Organization Program FY 22-23 Amount Requested CDBG Subcommittee Recommendation 1 2 Health Mobile Free Mobile Clinic 15,000$ 10,000$ 3 Peninsula Family Service Childcare Program 20,000$ 15,000$ 4 Friends for Youth Mentoring for youth 14,500$ 12,000$ 5 Rape Trauma Services Center Sexual Assault Services 15,000$ 15,000$ 6 Ombudsman Services of San Mateo County, Inc. Advocacy services to elderly and developmentally disabled individuals 20,000$ 20,000$ 7 84,500$ 72,000$ 8 $ 72,000 9 CORA CORA Emergency Shelter Program 21,500$ 21,500$ 10 HIP Housing Home Sharing Program 12,000$ 12,000$ 11 Samaritan House Safe Harbor 18,000$ 18,000$ 12 Life Moves Shelter Operations CDBG 26,250$ 26,250$ 13 Legal Aid Society of San Mateo County Homesavers 12,300$ 12,300$ 14 StarVista Transitional Housing 11,000$ 11,000$ 15 101,050$ 101,050.00$ 16 Subtotal 185,550$ 17 18 19 Peninsula Volunteers Meals on Wheels 40,000$ 40,000$ 20 Renaissance Entrepreneurship Business Training for Low-income English and Spanish Speaking Men and Women 25,000$ 25,000$ 21 Subtotal 65,000$ 65,000$ 22 172,878$ 23 24 25 CID Housing Accessibility Modification 10,000$ 10,000$ 26 El Concilio of San Mateo County Peninsula Minor Home Repair 37,500$ 27,000$ 27 Rebuilding Together Peninsula National Rebuilding Day 15,750$ 15,750$ 28 Rebuilding Together Peninsula Safe at Home 55,000$ 55,000$ 29 Subtotal 118,250$ 107,750$ 30 $ 108,000 31 32 Organization Program FY 22-23 Amount Requested CDBG Subcommittee Recommendation 33 34 Project Sentinel Fair Housing 14,396$ 12,000.00$ 35 $ 12,000 12,000$ 36 HOME FUNDS: FAIR HOUSING ACTIVITIES Total Estimated HOME Funds Available for Fair Housing Activities: Estimated CDBG Funds Available for Minor Home Repair Programs: CDBG-CV Category 2: PUBLIC SERVICE GRANTS Estimated CDBG-CV Funds Available for Public Service Activities*: CDBG- Category 3: MINOR HOME REPAIR PROGRAMS PROPOSED HOUSING FUNDS GRANT AMOUNT FY 22-23 Applications and Recommendations Worksheet Community Development Block Grant CDBG- Category 1: PUBLIC SERVICE GRANTS Estimated CDBG Funds Available for Public Service Activities*: PROPOSED CDBG GRANT AMOUNT Community Development Block Grant (CDBG) One Year Action Plan FY 2022-2023 City Council Meeting April 27, 2022 Economic Development and Housing Annual Action Plan Goal of the Program: To develop urban communities through Suitable living environment Economic opportunity Principally for low-and moderate-income person 2Economic Development and Housing Low and Moderate Income Areas 3Economic Development and Housing Estimated Funds Available 4 CDBG FY 22-23 (Estimate) FY 21-22 (Actual) Entitlement Amount 450,000 508,064 Prior Years Uncommitted Funds (Estimated Rollover)100,000 80,000 Program Income Estimate 30,000 30,000 Total 580,000 618,064 CDBG-CV CDBG-CV CARES Act funds 172,878 692,000 HOME HOME Administrative Funds 12,000 14,842 ESTIMATED TOTAL FUNDS (ALL SOURCES)764,878 1,324,906 Economic Development and Housing Public Services CDBG entitlement Economic Development and Housing 5 PUBLIC SERVICE CDBG GRANTS Grantee Request CDBG Subcommittee Recommendation Health Mobile Free Mobile Clinic $15,000 $10,000 Peninsula Family Service Childcare Program $20,000 $ 15,000 Friends for Youth Mentoring for youth $14,500 $12,000 Rape Trauma Services Center Sexual Assault Services $15,000 $15,000 Ombudsman Services of San Mateo County, Inc. Advocacy services to elderly and developmentally disabled individuals $20,000 $20,000 SUBTOTAL CDBG GRANT AMOUNT $84,500 $72,000 Public Services Housing Fund PUBLIC SERVICE HOUSING FUND GRANTS Grantee Request CDBG Subcommittee Recommendation CORA CORA Emergency Shelter Program $21,500 $ 21,500 HIP Housing Home Sharing Program $12,000 $12,000 Samaritan House Safe Harbor $18,000 $18,000 Life Moves Shelter Operations CDBG $26,250 $26,250 Legal Aid Society of San Mateo County Homesavers $12,300 $12,300 StarVista Transitional Housing $11,000 $11,000 SUBTOTAL HOUSING FUNDS GRANT AMOUNT $101,050 $101,050 Economic Development and Housing 6 Public Services CDBG-CV Funds Economic Development and Housing HOME Funds (Fair Housing) PUBLIC SERVICE CDBG-CV GRANTS Grantee Request CDBG Subcommittee Recommendation Peninsula Volunteers Meals on Wheels $40,000 $40,000 Renaissance Entrepreneurship Business Training for Low-income English and Spanish Speaking Men and Women $25,000 $25,000 SUBTOTAL PUBLIC SERVICE CDBG-CV GRANT AMOUNT $65,000 $65,000 HOME FUNDS: FAIR HOUSING ACTIVITIES Grantee Request CDBG Subcommittee Recommendation Project Sentinel Fair Housing $14,396 $12,000 7 Minor Home Repair Programs MINOR HOME REPAIR PROGRAMS Grantee Request CDBG Subcommittee Recommendation CID Housing Accessibility Modification $10,000 $10,000 El Concilio of San Mateo County Peninsula Minor Home Repair $37,500 $27,000 Rebuilding Together Peninsula National Rebuilding Day $15,750 $15,750 Rebuilding Together Peninsula Safe at Home $55,000 $55,000 SUBTOTAL MINOR HOME REPAIR $118,250 $107,750 Economic Development and Housing 8 City Sponsored Programs CITY SPONSORED ACTIVITIES HOUSING CDBG Subcommittee Recommendations Housing Rehabilitation Program $45,000 Debris Box Vouchers $2,000 Emergency Home Repairs $30,000 TOTAL CITY SPONSORED ACTIVITIES $77,000 PUBLIC IMPROVEMENTS/PUBLIC FACILITIES Public Improvements Projects $130,000 TOTAL CITY PUBLIC IMPROVEMENTS $130,000 Economic Development and Housing 9 Recommendation •Public Hearing on the 2022-2023 One Year CDBG Action Plan •Adopt Resolution to: •Approve 2022-2023 One Year Action Plan •Authorize the submittal of the Action Plan to HUD •Accept the funds and approve appropriation of CDBG and HOME funding •Authorize City Manager to execute all documents necessary to secure and award funds •Approve appropriation of $101,050 from the Housing Fund to support nonprofit organizations for homeless prevention programs. Economic Development and Housing 10 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-16 Agenda Date:4/27/2022 Version:1 Item #:16a. Resolution approving the FY 2022-23 Annual Action Plan for the Community Development Block Grant Program;authorizing its submittal and all other required documents to the U.S.Department of Housing and Urban Development;accepting funds from all sources and approving appropriation of CDBG and HOME fund expenditures as detailed in Attachment 1 of the staff report for the FY 2022-23 CDBG operating budget; authorizing the City Manager to execute all documents and certifications necessary to secure and award the CDBG and HOME Administrative Funds for the City;and approving an appropriation of $101,050 from the Housing Trust Fund for the FY 2022-23 operating budget to support non-profit organizations that provide homeless prevention programs for South San Francisco residents. WHEREAS,the Community Development Block Grant (CDBG)Subcommittee of the City Council and staff recommend approval and submittal,as presented to the City Council at its April 27,2022,meeting,of the City’s FY 22-23 Annual Action Plan (Action Plan)and all other required documents to the U.S.Department of Housing and Urban Development; and WHEREAS,the City Council wishes to accept funds from all sources and approve appropriation of CDBG and HOME fund expenditures as detailed in Attachment 1 of the staff report for the FY 22-23 CDBG operating budget; and WHEREAS,the City Council wishes to authorize the City Manager to execute all documents and certifications necessary to secure and award CDBG and HOME Administrative Funds for the City; and WHEREAS,on March 14,2022,the CDBG Subcommittee made final public service funding recommendations to support non-profits that provide housing programs and housing assistance to South San Francisco residents via the Housing Trust Fund:CORA,HIP Housing,Samaritan House, Life Moves, Legal Aid Society of San Mateo County, and StarVista; and WHEREAS,the CDBG Subcommittee of the City Council and staff recommend appropriation of $101,050 from the Housing Trust Fund for the FY 22-23 operating budget to support non-profit organizations that provide homeless prevention programs for South San Francisco residents. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the CityCity of South San Francisco Printed on 4/28/2022Page 1 of 2 powered by Legistar™ File #:22-16 Agenda Date:4/27/2022 Version:1 Item #:16a. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby: 1.Approves the FY 22-23 Action Plan attached as Exhibit A; 2.Authorizes submittal of the FY 22-23 Action Plan and all other required documents to the U.S. Department of Housing and Urban Development (HUD); 3.Accepts funds from all sources and approving appropriation of CDBG expenditures as detailed in Attachment 1 of the staff report for the FY 22-23 CDBG operating budget; 4.Authorizes the City Manager to execute all documents and certifications necessary to secure and award CDBG and HOME Administrative Funds (HOME) for the City; and 5.Approves appropriation of $101,050 from the Housing Trust Fund (Fund 205)for the FY 22-23 operating budget to support non-profit organizations that provide homeless prevention programs for South San Francisco residents. Exhibit A: Draft FY 22-23 Annual Action Plan ***** City of South San Francisco Printed on 4/28/2022Page 2 of 2 powered by Legistar™ Annual Action Plan 2022 1 OMB Control No: 2506-0117 (exp. 09/30/2021) Executive Summary AP-05 Executive Summary - 91.200(c), 91.220(b) 1. Introduction The U.S. Department of Housing and Urban Development (HUD) requires the City of South San Francisco (City) to prepare an Annual Action Plan (Action Plan) in order to receive federal Community Development Block Grant (CDBG) funds. HUD Programs have three basic goals to assist extremely low, very-low, and low-income persons by: • Providing decent and affordable housing; • Providing a suitable living environment; and • Expanding economic opportunities. The City's Action Plan for fiscal year 2022-2023, in conjunction with its Five-Year Consolidated Plan (2018-2023), furthers these goals by assessing the housing and community development needs and resources of the City and outlines a strategy on how it plans to address those needs. The City is also a participating jurisdiction in the San Mateo County HOME Consortium and therefore submits its federal application for funding as part of the HOME Consortium. 2. Summarize the objectives and outcomes identified in the Plan This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. This could be a restatement of items or a table listed elsewhere in the plan or a reference to another location. It may also contain any essential items from the housing and homeless needs assessment, the housing market analysis or the strategic plan. The City's Action Plan identifies the following needs and has developed goals and activities that address both the City’s needs and further HUD's program goals: Need: Affordable Housing Annual Action Plan 2022 2 OMB Control No: 2506-0117 (exp. 09/30/2021) Goal: Increase, preserve, and improve the supply of affordable housing for extremely low- and moderate-income households. Activities: The City will use CDBG funds for housing rehabilitation and minor home repair/accessibility modification programs. Additionally, the City will continue to administer its existing First Time Homebuyer Loan Portfolio and Below Market Rate housing units. Need: Public Services Goal: Provide public services to improve the quality of life for low-income individuals and families, including those at risk of becoming homeless and special needs populations. Activities: The City will allocate 15% of its annual entitlement grant and 15% of prior year program income to the following public services: CORA, Friends for Youth, Human Investment Project (HIP) Housing, Legal Aid Society, Life Moves, Ombudsman Services of San Mateo County, Inc., Peninsula Volunteers, Rape Trauma Services Center, Renaissance Entrepreneurship Center, Samaritan House, Star Vista Need: Public Facilities and Infrastructure Improvements Goal: Preserve and improve public facilities that serve a high percentage of low income or special needs residents. Activities: The City will use CDBG funds, when feasible, to make accessibility modifications to public facilities and to rehabilitate facilities with urgent needs in CDBG service areas. The public improvement projects will provide. Need: Homeless Services and Housing Goal: Provide service-enriched shelter and transitional housing for homeless families and individuals. Activities: There is a significant need for emergency and transitional housing as well as case management with the growing homeless population in the region. With funds from the Housing Asset Fund, the City will provide funds to go towards shelter and supportive services through LifeMoves. When feasible, the City plans to provide funds for rehabilitation and accessibility modifications to emergency and transitional housing. Should additional funds become available; the City will support additional operating costs for emergency and transitional housing. The City will provide CDBG funding under the public service category to Samaritan House and CORA. Samaritan House operates the Safe Harbor Shelter, which is a 90-bed homeless shelter located in South San Francisco that provides both emergency and transitional housing for homeless individuals. CORA provides emergency shelter for those seeking refuge from domestic violence or abuse. The City will also continue to work with the Homeless Outreach Team (HOT) to move the most difficult, long-term homeless individuals out of the Downtown area by placing them in emergency shelters and connecting them with County medical and rehabilitation services. This includes the City’s participation in the HOT’s Case Manager Group and Oversight Committee. Annual Action Plan 2022 3 OMB Control No: 2506-0117 (exp. 09/30/2021) 3. Evaluation of past performance This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. This is an evaluation of past performance that helped lead the grantee to choose its goals or projects. Last fiscal year, the City made efforts to improve the community by funding numerous non profit organizations that provided a wide variety of public services, which included senior services, youth services, homeless services, general social services, and disabled services. Additionally, CDBG funds were used to provide financial assistance to small businesses who were adversely impacted by the pandemic. Beyond funding programs, the City also made efforts to increase coordination with other agencies and jurisdictions and to streamline processes. These efforts include collaboration with other jurisdictions and San Mateo County in the HOME Consortium, participating in a region Assessment of Fair Housing, improving coordination with the Continuum of Care, and developing a response team to address homelessness. While the City is committed to increasing and preserving affordable housing in the community, it faced many challenges especially with rising housing and construction costs. 4. Summary of Citizen Participation Process and consultation process Summary from citizen participation section of plan. The citizen participation process for the FY 2022-23 Action Plan has been executed as follows: (See Section AP-12 Participation and Attachments for additional information) Public Hearings: The City conducted a Community Development Needs Assessment Public Hearing before the City Council on March 9, 2022, asking the public to comment on the housing, community, and economic development needs of the City. (Pending Ten public comments were received. Additionally, the City held a second public hearing on April 27, 2022 to make final funding allocations and to adopt this Action Plan. Four comments were received. Refer to the attachment with Public Notices and - Comments for the noticing provided for the meetings.) A 30-day Public Review: The Action Plan was made available for public review from March 28 through April 27, 2022. Public Notices: Public Notices for the two hearings were published in the San Mateo County Times on and March 28, 2022. Annual Action Plan 2022 4 OMB Control No: 2506-0117 (exp. 09/30/2021) Online Outreach: The City noticed all the CDBG related public hearings through the City’s website and Facebook page. The City also sent email notifications to the current CDBG subrecipients and the City’s CDBG and Economic & Community Development listservs. Public Meetings: The City held public CDBG Subcommittees meeting on February 22, 2022 and March 14, 2022. Public hearings were held on March 9, 2022 and April 27, 2022. Pursuant to 24 CFR part 91.105, the City of South San Francisco is required to develop a Citizen Participation Plan (CPP). The purpose of the CPP is to encourage citizen participation, particularly residents of predominantly low and moderate income neighborhoods, in the development of the City's Con Plan and Annual Action Plans, substantial amendments to these plans, and the Consolidated Annual Performance and Evaluation Report (CAPER). The City of South San Francisco recently revised its CPP in January to comply with the 30-day comment period required by HUD. This revised plan clearly incorporates all federal regulations and encourages citizen participation. In accordance with its CPP, the City made the following efforts to promote participation; supported the County’s needs assessment survey, held a joint community input meeting and two public hearings, and had appropriate public review/comment periods. For further information regarding the City's citizen participation and consultation process, please see the 10 Consultation and AP-12 Citizen Participation sections of this plan. 5. Summary of public comments This could be a brief narrative summary or reference an attached document from the Citizen Participation section of the Con Plan. The City received public comments at the Needs Assessment Hearing and Public Hearing on the draft Action Plan. Please see Attachments for Public Notices and Public Comments documents. (Pending) 6. Summary of comments or views not accepted and the reasons for not accepting them (Pending) 7. Summary The City's Action Plan for fiscal year 2022-2023 furthers these goals by assessing the housing, community, and economic development needs and resources of the City and outlines a strategy on how it plans to address those needs. The City is also a participating jurisdiction in the San Mateo County HOME Consortium and therefore submits its federal application for funding as part of the HOME Consortium. Annual Action Plan 2022 5 OMB Control No: 2506-0117 (exp. 09/30/2021) PR-05 Lead & Responsible Agencies - 91.200(b) 1. Agency/entity responsible for preparing/administering the Consolidated Plan The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency Lead Agency SOUTH SAN FRANCISCO CDBG Administrator SOUTH SAN FRANCISCO Economic Development and Housing (EDH) Division HOPWA Administrator HOME Administrator HOPWA-C Administrator Table 1 – Responsible Agencies Narrative The City of South San Francisco’s Economic Development and Housing Division (EDH) under the Department of Economic and Community Development (ECD) is the lead public agency responsible for developing and implementing the City’s Consolidated Plan and Annual Action Plans. EDH administers the City’s Community Development Block Grant and HOME administrative funds. EDH is responsible for many of the activities and programs identified in the Consolidated Plan and this Action Plan including the City’s Housing Rehabilitation Program, program administration, and public improvement projects. Consolidated Plan Public Contact Information Heather Ruiz, Community Development Coordinator Annual Action Plan 2022 6 OMB Control No: 2506-0117 (exp. 09/30/2021) City of South San Francisco Economic Development and Housing Division 400 Grand Avenue South San Francisco, CA 94080 Tel: (650) 829-6620 Fax: (650) 829-6623 Email: CDBG@ssf.net Website: www.ssf.net Annual Action Plan 2022 7 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-10 Consultation - 91.100, 91.200(b), 91.215(l) 1. Introduction The City of South San Francisco consulted with a wide variety of local non profit organizations, the Continuum of Care (CoC), the San Mateo County Housing Authority, the South San Francisco Housing Authority, the San Mateo County Department of Health, other City departments, the South San Francisco Downtown Task Force, and other community stakeholders in order to develop its current Five- Year Consolidated Plan. Further, many of the local non-profit organizations also produce reports concerning the needs of the demographic they serve; this information is also utilized in the plan development. Provide a concise summary of the jurisdiction’s activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(l)). During this Action Plan period, the City will work on strengthening its relationships with organizations that serve the public, especially low-income residents. Specific efforts will include: • Work with the County of San Mateo and other entitlement jurisdictions to coordinate and streamline CDBG processes • Participate in the San Mateo County HOME Consortium and provide representation on the County’s Housing and Community Development Committee • Work closely with non-profit social service providers, the County, other entitlement jurisdictions, the School District, and other community providers to coordinate the delivery of services to residents • Fund non-profit organizations serving low-income residents • Work with non-profit organizations and private developers to build and/or maintain affordable housing • Work with the Continuum of Care (CoC) to better coordinate homeless services • Work with the Homeless Outreach Team (HOT) to move the most difficult, long-term homeless individuals out of the Downtown area by placing them in shelters and connecting them with County medical and rehabilitation services. This includes the City’s participation on the HOT Case Manager Group and Oversight Committee • Continued efforts by the downtown bike patrol to connect the homeless to public services that are available to them • Engage in local and state housing legislative updates Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children, veterans, and unaccompanied youth) and persons at risk of homelessness. Annual Action Plan 2022 8 OMB Control No: 2506-0117 (exp. 09/30/2021) The City has a seat on the Continuum of Care (CoC) Steering Committee and is involved in all CoC decision-making. The CoC undertakes a wide range of efforts to meet the needs of homeless persons and those at risk of homelessness. Chronically Homeless The CoC has created multi-disciplinary, bilingual, Homeless Outreach Teams (HOT) to conduct intensive outreach with the chronically homeless throughout the County and to help them move into permanent housing. South San Francisco’s HOT program was first implemented in FY 13-14, and continues annually. City staff, police, elected officials, County staff, and local service providers actively participate and meet regularly to provide updates to program members. Families with Children The CoC has developed a rapid re-housing program which provides short-term rental assistance plus case management to homeless families. The San Mateo County Human Services Agency has also provided funding for a motel voucher program to assist families that are waiting to access shelter. Veterans The CoC is working with the Veterans Task Force, convened in 2012 by the County Board of Supervisors, to improve county-wide efforts to outreach to homeless and at-risk veterans, to assess their service and housing needs, to and help them access needed resources, including Veterans Affairs Supportive Housing vouchers and veterans’ benefits. In 2017, the San Mateo County Veterans Fund was created to support the local veteran population. Youth CoC funds are provided to the County Mental Health Association to operate its Support and Advocacy for Youth in Transition Program, which provides case management and housing search/stabilization services to homeless youth. The San Mateo County Housing Authority also offers Family Unification Program Vouchers for youth leaving the foster care system. System-Wide Objectives The San Mateo County CoC 10 Year Housing Our People Effectively (HOPE) Plan (adopted in 2006) laid out the community’s overall strategy for reducing and ending homelessness. Key accomplishments have included the creation and expansion of Homeless Outreach Teams (HOT), new funding sources for homelessness prevention, Homeless Connect events, and various other initiatives. The 10-year plan has been succeeded by the Ending Homelessness Plan (adopted in July 2016). The plan aims to end homelessness in San Mateo County by 2020 through a strategic and coordinated approach using data-driven solutions. Some of these solutions include outreach, emergency shelters, transitional housing, rapid rehousing, and permanent supportive housing and homelessness prevention programs. Annual Action Plan 2022 9 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe consultation with the Continuum(s) of Care that serves the jurisdiction’s area in determining how to allocate ESG funds, develop performance standards for and evaluate outcomes of projects and activities assisted by ESG funds, and develop funding, policies and procedures for the operation and administration of HMIS As previously mentioned, the City has a seat on the CoC Steering Committee and meets on a quarterly basis to make decisions regarding the planning, funding, and operation of the CoC. Additionally, the City sits on the COC Funding/Project Review Subcommittee, which reviews renewal and new projects seeking CoC funding. The City does not receive ESG funding as the County Department of Housing (DOH) is the only ESG recipient in the County. However, the City does have a designated seat on the DOH's Housing & Community Development Committee (HCDC), which advises the County Board of Supervisors on allocating County CDBG and HOME funding. Further, the City participates in the CoC’s development of performance and evaluation standards along with the management of the Homeless Management Information System (HMIS). System-Wide Performance Measurement On an annual basis, the CoC Lead Agency, the San Mateo County Center on Homelessness (COH) compiles a report on how well the community is meeting the objectives set forth in the HOPE Plan. This includes an analysis of housing development data to track the creation of new units of affordable housing and an analysis of HMIS and Core Service Agency data to track the numbers of households receiving assistance. Additionally, the CoC’s System Design Subcommittee is developing a set of system- wide performance measures that align with HEARTH and Opening Doors. This work includes developing a recommended methodology for measuring average length of homelessness that includes the time prior to program intake. The CoC’s System Design Subcommittee will be researching possible methodologies for a more complete tracking of returns to homelessness, including any further HUD guidance if available. Project-Level Performance Measurement The COH regularly monitors all emergency shelter, transitional housing, outreach, supportive housing, rapid re-housing, and prevention programs, which includes site visits, analysis of spending rates, and a review of occupancy data. The monitoring process also includes a review of whether projects are meeting the CoC’s project performance standards. In addition, the Project Performance Subcommittee works with the COH to conduct an annual assessment of how well projects are performing, identifies those projects that are underachieving, and recommends whether projects should be offered technical assistance or should be candidates for re-allocation of their CoC funds. Also, each project in the CoC receives an annual performance report detailing their results in meeting both HUD’s and the CoC’s established performance measures. Homeless Management Information System (HMIS) Annual Action Plan 2022 10 OMB Control No: 2506-0117 (exp. 09/30/2021) San Mateo County Human Services Agency, the designated HMIS Lead Agency, uses HMIS which incorporates the latest HUD published data standards and improves the ease of data input and data quality. Additionally, as described in the CoC’s Governance Charter, on an annual basis the CoC will review, revise, and approve (as applicable) the privacy, security, and data quality plans for the HMIS. The CoC will also ensure consistent participation of sub recipients in the HMIS and ensure that the HMIS is administered in compliance with HMIS Data Standards. 2. Agencies, groups, organizations and others who participated in the process and consultations Annual Action Plan 2022 11 OMB Control No: 2506-0117 (exp. 09/30/2021) Table 2 – Agencies, groups, organizations who participated (PENDING FINAL PARTICIPATION) 1 Agency/Group/Organization SAMARITAN HOUSE Agency/Group/Organization Type Housing Services-homeless Private Sector Banking / Financing What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Samaritan House provided input on homeless needs through its participation in the City s Homeless Outreach Team and during the April 27, 2022 public hearings. 2 Agency/Group/Organization LifeMoves Agency/Group/Organization Type Housing Services-homeless What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Life Moves provided input on homeless needs through its participation in the City s Homeless Outreach Team and during the April 27, 2022 public hearings. Annual Action Plan 2022 12 OMB Control No: 2506-0117 (exp. 09/30/2021) 3 Agency/Group/Organization The Salvation Army - South San Francisco Agency/Group/Organization Type Services - Housing Services-Children Services-Elderly Persons Services-homeless Services-Education What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The Salvation Army provided input on homeless needs through its participation in the City's Homeless Outreach Team. 4 Agency/Group/Organization San Mateo County Health System Agency/Group/Organization Type Services-Health Health Agency What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The San Mateo County Health System provided input on homeless needs through its participation in the City's Homeless Outreach Team. Annual Action Plan 2022 13 OMB Control No: 2506-0117 (exp. 09/30/2021) 5 Agency/Group/Organization County of San Mateo Center on Homelessness Agency/Group/Organization Type Services - Housing Other government - County Grantee Department What section of the Plan was addressed by Consultation? Housing Need Assessment Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The San Mateo County Center on Homelessness provided input on homeless needs through its participation in the City's Homeless Outreach Team. 6 Agency/Group/Organization Youth Service Bureaus of the YMCA of San Francisco Agency/Group/Organization Type Housing Services-Children Services-Elderly Persons Services-Persons with Disabilities Services-homeless Services-Education What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Annual Action Plan 2022 14 OMB Control No: 2506-0117 (exp. 09/30/2021) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The YMCA Community Resource Center (which is operated by the Youth Service Bureaus) provided input on homeless needs through its participation in the City's Homeless Outreach Team and the Citys Emergency Rental Assistance Program. 7 Agency/Group/Organization PROJECT 90 Agency/Group/Organization Type Services-Children Services-Persons with Disabilities Services-Victims of Domestic Violence Services-homeless Substance Abuse What section of the Plan was addressed by Consultation? Homeless Needs - Chronically homeless Homeless Needs - Families with children Homelessness Needs - Veterans Homelessness Needs - Unaccompanied youth Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Project 90 provided input on homeless needs through its participation in the City's Homeless Outreach Team. 8 Agency/Group/Organization Rebuilding Together Peninsula Agency/Group/Organization Type Housing Services - Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Rebuilding Together Peninsula provided input on housing needs during the April 27, 2022 CDBG needs assessment public hearing and April 28, 2021 final public hearing. Annual Action Plan 2022 15 OMB Control No: 2506-0117 (exp. 09/30/2021) 9 Agency/Group/Organization El Concilio of San Mateo County Agency/Group/Organization Type Housing Services - Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? El Concilo of San Mateo County provided input on housing needs during the March 9, 2022 CDBG needs assessment public hearing and April 27, 2022 final public hearing. 10 Agency/Group/Organization Community Overcoming Relationship Abuse Agency/Group/Organization Type Services-Victims of Domestic Violence What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? CORA provided input on housing needs during the March 9, 2022 CDBG needs assessment public hearing and April 27, 2022 final public hearing. 11 Agency/Group/Organization HIP HOUSING Agency/Group/Organization Type Services - Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? HIP Housing provided input on housing needs during March 9, 2022 CDBG needs assessment public hearing and April 27, 2022 final public hearing. 12 Agency/Group/Organization Center for Independence of Individuals with Disabilities Agency/Group/Organization Type Services - Housing Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Housing Need Assessment Non-Homeless Special Needs Annual Action Plan 2022 16 OMB Control No: 2506-0117 (exp. 09/30/2021) Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? CID provided input on housing needs during the March 9, 2022 CDBG needs assessment public hearing and April 27, 2022 final public hearing. 13 Agency/Group/Organization PROJECT SENTINEL Agency/Group/Organization Type Services - Housing Service-Fair Housing What section of the Plan was addressed by Consultation? Housing Need Assessment Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Project Sentinel provided input on housing needs during March 9, 2022 CDBG needs assessment public hearing and April 27, 2022 final public hearing. 14 Agency/Group/Organization OMBUDSMAN SERVICES OF SAN MATEO COUNTY Agency/Group/Organization Type Services-Elderly Persons Services-Persons with Disabilities What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Ombudsman provided input on housing needs during the March 9, 2022 CDBG needs assessment public hearing and April 27, 2022 final public hearing. 15 Agency/Group/Organization FRIENDS FOR YOUTH, INC. Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Homelessness Strategy Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Friends for Youth provided input on public service needs during the March 9, 2022 CDBG needs assessment public hearing and April 27, 2022 final public hearing. Annual Action Plan 2022 17 OMB Control No: 2506-0117 (exp. 09/30/2021) 16 Agency/Group/Organization RAPE TRAUMA SERVICES OF SAN MATEO COUNTY Agency/Group/Organization Type Services-Children What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? Rape Trauma Services provided input on public service needs during the March 9, 2022 CDBG needs assessment public hearing and April 27, 2022 final public hearing. 17 Agency/Group/Organization Star Vista Agency/Group/Organization Type Services - Housing Services-homeless What section of the Plan was addressed by Consultation? Non-Homeless Special Needs Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? StarVista provided input on public service needs during the during the March 9, 2022 CDBG needs assessment public hearing and April 27, 2022 final public hearing. 18 Agency/Group/Organization City of South San Francisco Information Technology Department Agency/Group/Organization Type Services - Broadband Internet Service Providers Services - Narrowing the Digital Divide Other government - Local What section of the Plan was addressed by Consultation? Digital Divide Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City consulted with the SSF Information Technology Department regarding broadband services and narrowing the digital divide. The IT department has identified projects and services to narrow the digital divide and provide broad band services, citywide Annual Action Plan 2022 18 OMB Control No: 2506-0117 (exp. 09/30/2021) 19 Agency/Group/Organization City of South San Francisco Public Works Agency/Group/Organization Type Agency - Managing Flood Prone Areas Agency - Management of Public Land or Water Resources Agency - Emergency Management Other government - Local What section of the Plan was addressed by Consultation? Hazards Mitigation, resilience measures, flooding Briefly describe how the Agency/Group/Organization was consulted. What are the anticipated outcomes of the consultation or areas for improved coordination? The City of South San Francisco Public Works department is consulted regularly for all resilience measure, resilience the management of flood prone areas, public land or water resources and emergency management as consistent with the ConPlan. Identify any Agency Types not consulted and provide rationale for not consulting All agency types were consulted. Other local/regional/state/federal planning efforts considered when preparing the Plan Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Continuum of Care Continuum of Care (CoC) Steering Committee The City has a seat on the Continuum of Care (CoC) Steering Committee and is involved in all CoC decision-making. The CoC undertakes a wide range of efforts to meet the needs of homeless persons and those at risk of homelessness. Housing Our People Effectively 10 year Plan San Mateo County Human Services Agency The City has identified the need for homeless services and housing and has set a goal to provide service enriched shelter and transitional housing for homeless individuals. This goal overlaps with the goals of the HOPE Plan. Some of the HOPE Plan s goals are to increase homeless housing opportunities and to prevent and end homelessness by delivering flexible services. Annual Action Plan 2022 19 OMB Control No: 2506-0117 (exp. 09/30/2021) Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Housing Element City of South San Francisco Short and Long term planning for housing needs at a range of prices and rents. Plan Bay Area 2040 and the CASA Compact The Association of Bay Area Governments Metropolitan Transportation Committee Plan Bay Area is a regional blueprint that promotes compact, mixed use neighborhoods near transit. The CASA Compact is a set of policy recommendations to increase housing production for the region. Table 3 - Other local / regional / federal planning efforts Narrative The City of South San Francisco, the County of San Mateo and the other entitlement jurisdictions (Daly City, San Mateo, and Redwood City) have developed a "CDBG Cohort" which meets regularly to enhance and streamline the CDBG process for both the jurisdictions and subrecipients. The CDBG Cohort collectively organizes community forums, requests for proposals, and joint monitoring of subrecipients. Additionally, the CDBG Cohort has implemented the use of standardized applications, reporting, and reimbursement forms for subrecipients through a common online grant management system. The Cohort shares information regarding subrecipients and how to handle issues that may arise for the subrecipients such as reporting, invoicing, or actions needed to correct and track performance. Annual Action Plan 2022 20 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-12 Participation - 91.401, 91.105, 91.200(c) [Section Pending Final Citizen Participation Meetings) 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting Pursuant to the City s Citizen Participation Plan, the following is a summary of the significant actions the City undertook in developing this Action Plan: • December 16, 2021 to January 13, 2022 CDBG/HOME Administrative Funds Renewal Application Available • January 13, 2022 Application Deadline • February 22, 2022 CDBG Subcommittee Meeting: Funding Recommendations • February 8, 2022 Public Notice of Community Needs Assessment Hearing was published in the San Mateo County Times • March 9, 2022 Community Needs Assessment Public Hearing • March 14, 2022 CDBG Subcommittee Meeting: Finalize Allocations • March 28, 2022 Public Notice of Availability of the City’s PY 22 Annual Action Plan and Notice of Public Hearing published in the San Mateo County Times • March 28, 2022 The City publicly noticed the Availability of the City s PY 22 Annual Action Plan and Notice of Public Hearing the City’s website, Twitter, and Facebook page. The City also sent individual email notifications to the CDBG PY 22 applicants and the City’s CDBG and Economic & Community Development listservs. • March 28 to April 27, 2022 30-day public comment period on the City’s PY 22 Annual Action Plan • April 27, 2022 Final funding allocations and Public Hearing on the adoption of the City’s PY 22 Annual Action Plan • May 15, 2022 Deadline for submission of the City’s PY 22 Annual Action Plan to HUD The following are specific efforts made to broaden outreach and promote participation. These efforts to increase citizen participation helped establish and or reconfirm the City s housing and community development needs and were used as a basis for setting priorities. See Attachments for additional information. Annual Action Plan 2022 21 OMB Control No: 2506-0117 (exp. 09/30/2021) • Public Hearing on Community Needs: On March 9, 2022, the City held a public hearing to receive comments on the City s housing and community development needs. A notice for the hearing was published in the San Mateo County Times on February 8, 2022. The City received 18 public comments. • Public Hearing on the Action Plan Adoption: On April 27, 2022, the City held a public hearing to receive comments on and adopt the City’s Action Plan. A notice for the hearing was published in the San Mateo County Times on March 28, 2022. The City received xx public comments. In light of the recent COVID-19 pandemic, the City’s public hearings was conducted via teleconference. • Online Outreach: The City noticed all of the CDBG related public hearings through the City s website and Facebook page. The City also sent email notifications to the current CDBG subrecipients and the City s CDBG and Economic & Community Development listservs. Annual Action Plan 2022 22 OMB Control No: 2506-0117 (exp. 09/30/2021) Citizen Participation Outreach Annual Action Plan 2022 23 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Ord er Mode of Outre ach Target of Outre ach Summary of response/attenda nce Summary of comments recei ved Summary of comm ents not accepted and reasons URL (If applicable) Annual Action Plan 2022 24 OMB Control No: 2506-0117 (exp. 09/30/2021) 1 Public Meeting Minorities Non-English Speaking - Specify other language: Spanish Non- targeted/broad community On March 9, 2022, the City held a public hearing with the Mayor and City Council to receive public comments on the City s Housing and community development needs. A public notice for the hearing, written in English and Spanish, was published in the San Mateo County Times on February 8, 2022. The hearing was also noticed through the City s Facebook page. The City also sent email notifications to the current CGBG subrecipients and the City s CDBG The City received 18 public comments. All of the comments received were in support of different non- profits seeking CDBG or HOME Administrative funding. The comments described the nonprofits programs and their impact on the community while also thanking the City Council for their support. Further information regarding the comments is provided in Attachments. All comments were accepted. http://www.ssf.net/1937/C DBG-Notices Annual Action Plan 2022 25 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Ord er Mode of Outre ach Target of Outre ach Summary of response/attenda nce Summary of comments recei ved Summary of comm ents not accepted and reasons URL (If applicable) and Economic & Community Development listservs 2 Newspaper Ad Minorities Persons with disabilities Non- targeted/broad community Published notices for public meetings/hearings were posted in the San Mateo County Times on March 28, 2022. No comments were received from the noticing. Comments were received at the noticed public meetings and hearings All comments were accepted See Attachment Annual Action Plan 2022 26 OMB Control No: 2506-0117 (exp. 09/30/2021) 3 Public Hearing Minorities Non-English Speaking - Specify other language: Spanish Non- targeted/broad community On April 27, 2022, the City held a public hearing with the Mayor and City Council to receive public comments on the City s Annual Action Plan. A public notice for the hearing, written in English and Spanish, was published in the San Mateo County Times on March 28, 2022. The hearing was also noticed through the City s website and Facebook page. The City also sent email notifications to the current CGBG subrecipients and the City s CDBG and Economic & Community There were xx comments received. All of the comments received were in support of different non- profits seeking CDBG or HOME Administrative funding. The comments described the nonprofits programs and their impact on the community while also thanking the City Council for their support. Further information regarding the comments is provided in Attachments. All Comments Were Accepted See Attachments Annual Action Plan 2022 27 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Ord er Mode of Outre ach Target of Outre ach Summary of response/attenda nce Summary of comments recei ved Summary of comm ents not accepted and reasons URL (If applicable) Development listservs 4 Internet Outreach Minorities Persons with disabilities Non- targeted/broad community On March 28, 2022, a post informing the general public about the meeting date, time, and place was posted on Facebook from the South San Francisco Economic and Community Development Facebook Page. No comments were received from the noticing. Comments were received at the noticed public meetings and hearings. All Comments Were Accepted See Attachments Annual Action Plan 2022 28 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Ord er Mode of Outre ach Target of Outre ach Summary of response/attenda nce Summary of comments recei ved Summary of comm ents not accepted and reasons URL (If applicable) 5 Internet Outreach Minorities Persons with disabilities Non- targeted/broad community CBDG subrecipients and the City of South San Francisco’s Economic and Community Development Department received an email on the details of the meeting on March 28, 2022. The email states to post in highly visible areas in order to get the word out that public comment was available for the CBDG from March 28 to April 27. No comments were received from the noticing. Comments were received at the noticed public meetings and hearings. All Comments Were Accepted See Attachments Table 4 – Citizen Participation Outreach Annual Action Plan 2022 29 OMB Control No: 2506-0117 (exp. 09/30/2021) Expected Resources AP-15 Expected Resources - 91.420(b), 91.220(c)(1,2) Introduction The City's FY 22-23 entitlement amount has not yet been determined at the release of this draft. The City's program income estimate is $30,000. This gives the City a CDBG budget of approximately $580,000 for FY 22-23. The City also anticipates $172,878 in Coronavirus Relief Bill (CARES Act), CDBG-CV funds to be available to continue in the aid of addressing the corona virus pandemic. In addition, the City’s estimates a HOME allocation of $12,000 which provides the City with an overall budget of approximately $764,878. Anticipated Resources Program Source of Funds Uses of Funds Expected Amount Available Year 1 Expected Amount Available Remainder of ConPlan $ Narrative Description Annual Allocation: $ Program Income: $ Prior Year Resources: $ Total: $ CDBG public - federal Acquisition Admin and Planning Economic Development Housing Public Improvements Public Services 450,000 30,000 100,000 580,000 0 The City of South San Francisco is an entitlement jurisdiction and therefore receives an annual CDBG grant allocation from HUD, the City also receives a variable amount of Program Income. CDBG- CV public - federal Corona Virus 172,878 172,878 CARES-ACT Funding Table 5 - Expected Resources – Priority Table Annual Action Plan 2022 30 OMB Control No: 2506-0117 (exp. 09/30/2021) Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Leveraging CDBG funds continues to be a greater challenge with the dissolution of Redevelopment Agencies (RDA) statewide. In the past, CDBG funds were able to leverage significant amounts of RDA funding for housing and commercial projects. A reduction to CDBG entitlement amounts over the last few years have also required the City to cut funding to nearly half of the public service organizations. Overall, CDBG funding is insufficient to leverage significant funds and now can only be provided as a small match in attempt to secure what other non-federal funding might be available. However, the City has been utilizing CDBG funding for smaller public right of way improvements that will ensure that the City is more competitive in future years for Cap and Trade funding. These improvements include upgrading intersection crossing for pedestrian safety and making the downtown more pedestrian friendly and accessible. If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan Over the years, the City’s RDA acquired several residential and commercial properties; however, with the dissolution of RDAs, the City is required to sell all its properties and return all proceeds to the State. Therefore, the City is in the process of selling these commercial properties. In the past few years, the City has been selling the smaller residential properties, which have been occupied by low-income households. The City’s Housing Investment Plan has stipulated, however, that the proceeds received from the sale must be used to replace the unit somewhere else in the City. The City has not sold all of the residential properties, and still has six residential units that are being leased to low income households. Discussion CDBG funds have also helped improve city-owned properties that are used to provide services to low and moderate income or special needs residents such as parks, libraries, the boys and girls club, senior center and right of way improvements. CDBG funds do not subsidize, in any way, the operations of those city-owned facilities but have provided accessibility and non-routine maintenance improvements. Annual Action Plan 2022 31 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives - 91.420, 91.220(c)(3)&(e) Goals Summary Information Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 1 Increase, Maintain, & Improve Affordable Housing 2018 2022 Affordable Housing SSF Downtown Tracts 6021, 6022 CDBG Target Area CDBG Services Area Citywide Affordable Housing Housing Trust Fund: $101,050 Public Facility or Infrastructure Activities for Low/Moderate Income Housing Benefit: 37 Households Assisted 2 Provide Public Services to Improve Quality of Life 2018 2022 Non-Housing Community Development SSF Downtown Tracts 6021, 6022 CDBG Target Area CDBG Services Area Citywide Public Services CDBG: $72,000 Public service activities other than Low/Moderate Income Housing Benefit: 899 Persons Assisted Annual Action Plan 2022 32 OMB Control No: 2506-0117 (exp. 09/30/2021) Sort Order Goal Name Start Year End Year Category Geographic Area Needs Addressed Funding Goal Outcome Indicator 3 Support Service- Enriched Homeless Shelters 2018 2022 Homeless SSF Downtown Tracts 6021, 6022 CDBG Target Area CDBG Services Area Citywide Homeless Services and Housing CDBG: Homelessness Prevention: 96 Persons Assisted 4 Preserve and Improve Public Facilities 2018 2022 Non-Housing Community Development SSF Downtown Tracts 6021, 6022 CDBG Target Area CDBG Services Area Citywide Public Facilities and Infrastructure Improvements CDBG: $130,000 Other: 1 Other 5 Economic Development 2019 2021 Non-Housing Community Development To prevent, prepare for and respond to the Coronavirus Citywide Economic Development Assistance Businesses assisted: 10 Businesses Assisted Table 6 – Goals Summary Goal Descriptions Annual Action Plan 2022 33 OMB Control No: 2506-0117 (exp. 09/30/2021) 1 Goal Name Increase, Maintain, & Improve Affordable Housing Goal Description For FY 2022-2023, the City will implement the following activities in order to meet this goal: housing rehabilitation, minor home repair, emergency home repair grants, debris box vouchers, and accessibility modification programs. 2 Goal Name Provide Public Services to Improve Quality of Life Goal Description For FY 2022-2023, the City will allocate 15 percent of its annual entitlement and 15 percent of its prior year program income to non-profit organizations that provide public services. The City anticipates serving 899 low to moderate-income residents in FY 2021 2022. 3 Goal Name Support Service-Enriched Homeless Shelters Goal Description There is a significant need for service enriched shelters and transitional housing for both homeless individuals and families as the City has experienced a significant increase in chronically homeless and transients, especially in the Downtown. The City will address this need by providing public service funds to Samaritan House and CORA. 4 Goal Name Preserve and Improve Public Facilities Goal Description The City of South San Francisco may use these funds to support investments in predevelopment activities for infrastructure and public facilities. These predevelopment activities may be used to assemble sites for affordable housing or provide infrastructure that would benefit the community. 5 Goal Name Economic Development Goal Description Avoid job loss caused by business closures related to Corona Virus 2019 (COVID 19) and the social distancing regulations implemented by the State and Federal government. This project is specific to the COVID 19 pandemic. Annual Action Plan 2022 34 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Action Plan 2022 35 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-35 Projects - 91.420, 91.220(d) Introduction The City will implement the following projects: Public Services The City Partners with several organizations. During FY 2022-2023, the City will fund Friends for Youth, Rape Trauma Services Center, Star Vista, Ombudsman Services of San Mateo County, Inc., Community Overcoming Relationship Abuse, Samaritan House, Center for Independence of Individuals with Disabilities Housing Accessibility Modification Program, El Concilio Peninsula Minor Home Repair, Rebuilding Together Peninsula National Rebuilding Day, Rebuilding Together Peninsula Safe at Home. City-Sponsored Housing Rehabilitation Program This program provides grants to low income families for housing alterations and repairs that correct code deficiencies and or improve the health and safety for homeowners and residents. Public Improvement Projects These funds may be used towards Public Improvements to City Facilities as well as within the Public Right of Way in low mod areas. The funds may support investments in predevelopment activities for infrastructure and public facilities. These predevelopment activities may be used to assemble sites for affordable housing or provide infrastructure that would benefit the community as a whole. In addition, the City is exploring the idea of using the Section 108 Loan Program. The loan would provide a greater impact for capital improvement projects in low and moderate neighborhoods, especially since construction and acquisition costs have been increasingly cost prohibitive. CDBG Administration The City will use 20 percent of its entitlement and current year program income to administer the CDBG program. # Project Name 1 Public Services 2 Service Enriched Homeless Shelters 3 Minor Home Repair Program 4 Housing Rehabilitation Program 5 Public Facility Improvement Projects 6 Planning and Administration Table 7 – Project Information Annual Action Plan 2022 36 OMB Control No: 2506-0117 (exp. 09/30/2021) Describe the reasons for allocation priorities and any obstacles to addressing underserved needs Given the limited funds available, the City prioritizes activities which provided maximum benefit to the community. The majority of the City's CDBG funds are allocated to supporting housing rehabilitation and public improvements because these types of activities are not restricted by spending limitations and are highly impactful. Further, it is intended that CDBG money will be utilized for the ‘last mile’ of funding for projects that may not otherwise be completed. A major funding obstacle continues to be sufficiently supporting the wide variety of crucial public services needed in the City due to federal spending limits specific to public services. While the public service need far exceeds the funds available to provide those services, the City has selected those activities which would be most effective. Annual Action Plan 2022 37 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-38 Project Summary Project Summary Information Annual Action Plan 2022 38 OMB Control No: 2506-0117 (exp. 09/30/2021) 1 Project Name Public Services Target Area Citywide Goals Supported Provide Public Services to Improve Quality of Life Needs Addressed Public Services Funding CDBG: $72,000 Description The City Partners with several organizations. During FY 2022-2023, the City will fund Health Mobile, Friends for Youth, Peninsula Family Service, Rape Trauma Services Center, Ombudsman Services of San Mateo County, Inc. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities The City Partners with several organizations. During FY 2022-2023, the City will fund Health Mobile, Friends for Youth, Peninsula Family Service, Rape Trauma Services Center, Ombudsman Services of San Mateo County, Inc. Location Description Citywide and locations of Health Mobile, Friends for Youth, Peninsula Family Service, Rape Trauma Services Center, Ombudsman Services of San Mateo County, Inc. Planned Activities The City Partners with several organizations. During FY 2022-2023, the City will fund Health Mobile, Peninsula Family Service, Friends for Youth, Rape Trauma Services Center, Ombudsman Services of San Mateo County, Inc., 2 Project Name Service Enriched Homeless Shelters Target Area Goals Supported Provide Public Services to Improve Quality of Life Support Service-Enriched Homeless Shelters Needs Addressed Public Services Homeless Services and Housing Funding Housing Trust Fund: $101,050 Description The City will address the need for service-enriched shelters and transitional housing by providing public service funds to Samaritan House, CORA, Life Moves, Star Vista, HIP Housing, Legal Aid of San Mateo County. Samaritan House operates the Safe Harbor Shelter located in South San Francisco, which provides 90 beds to homeless individuals. CORA provides emergency shelter for those seeking refuge from domestic violence or abuse. Annual Action Plan 2022 39 OMB Control No: 2506-0117 (exp. 09/30/2021) Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities Location Description Community Overcoming Relationship Abuse Address Suppressed Samaritan House: Safe Harbor Shelter 295 North Access Road South San Francisco, CA 94080-690 Life Moves 181 Constitution Drive Menlo Park, CA 94025 HIP Housing 800 S. Claremont #210 San Mateo, CA 94402 Star Vista 701 Grand Ave South San Francisco, CA 94080 Legal Aid 330 Twin Dolphin Drive, Suite 123 Redwood City, CA 94065 Annual Action Plan 2022 40 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities Community Overcoming Relationship Abuse $21,500 of available Housing Trust Funds funding: Emergency shelter for victims and survivors of domestic violence and their children Samaritan House: Safe Harbor Shelter $18,000 of available Housing Trust Funds funding: Operates the Safe Harbor Shelter, a 90-bed homeless shelter that provides emergency and transitional housing for homeless adults. Services would also be provided thought CORA, HIP Housing, and StarVista. Life Moves $26,250 of available Housing Trust Funds funding: Interim housing programs and comprehensive supportive services for homeless families and individuals from Urban San Mateo County. HIP Housing $12,000 of available Housing Trust Funds funding: Home Sharing Program interviews and screens individuals who are searching for a housemate, and struggling renters who are searching for an affordable place to live, and matches them in affordable home sharing arrangements Star Vista $11,000 of available Housing Trust Funds funding: Transitional Housing Placement Plus program provides subsidized apartments in South San Francisco and case management services for emancipated foster youth aged 18-24 Legal Aid $12,300 of available public services funding: Legal assistance to people threatened with losing their homes or living in substandard conditions with the goals of keeping people in their home Project Name Minor Home Repair Program Annual Action Plan 2022 41 OMB Control No: 2506-0117 (exp. 09/30/2021) 3 Target Area SSF Downtown Tracts 6021, 6022 CDBG Target Area Citywide Goals Supported Increase, Maintain, & Improve Affordable Housing Needs Addressed Affordable Housing Funding CDBG: $107,750 Description The City will allocate funding to various non-profits that provide minor home repairs and accessibility modifications to low-income homeowners. Target Date 6/30/2023 Estimate the number and type of families that will benefit from the proposed activities The City anticipates serving 30 low income households. Location Description Center for Independence of Individuals with Disabilities 2001 Winward Way, Suite 103 San Mateo, CA 94404 El Concilio of San Mateo County 1419 Burlingame Avenue, Suite N Burlingame, CA 94010-4123 Rebuilding Together Peninsula 841 Kaynyne Street Redwood City, CA 94063-3000 Annual Action Plan 2022 42 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities CID Housing Accessibility Modification Program $10,000 of Minor Home Repair funding: Installs ramps, grab bars, and other modifications to make a home accessible. El Concilio Peninsula Minor Home Repair $27,000 of Minor Home Repair funding: Minor home repairs for low-income households to make their home eligible for energy/weatherization improvements Minor home repairs for low-income households to make their home eligible for energy/weatherization improvements. Rebuilding Together National Rebuilding Day $15,750 of Minor Home Repair funding: Program that utilizes volunteers to rehabilitate homes on National Rebuilding Day. Rebuilding Together Safe at Home $55,000 of Minor Home Repair funding: A year round program that addresses minor repair needs. 4 Project Name Housing Rehabilitation Program Target Area Citywide Goals Supported Increase, Maintain, & Improve Affordable Housing Needs Addressed Funding CDBG: $77,000 Description Provides low interest loans and grants to low income families for housing alterations and repairs that correct code deficiencies and or improve the health and safety of the home. Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities Two households will be provided loans, five households will receive emergency housing vouchers, one household will receive debris box vouchers. Location Description Annual Action Plan 2022 43 OMB Control No: 2506-0117 (exp. 09/30/2021) Planned Activities Housing Rehabilitation Loans Provides low interest loans to low income families for housing alterations and repairs that correct code deficiencies and or improve the health and safety of the home. Emergency Repair Vouchers Provides low income families grants of up to $5,500 to make emergency safety and or code violation repairs. Debris Box Vouchers Provides low income families with a debris box to clear code violations and clean up conditions that affect the health, safety or appearance of properties. 5 Project Name Public Facility Improvement Projects Target Area SSF Downtown Tracts 6021, 6022 CDBG Target Area CDBG Services Area Citywide Goals Supported Preserve and Improve Public Facilities Needs Addressed Public Facilities and Infrastructure Improvements Funding CDBG: $130,000 Description These funds will be used for public facility and infrastructure improvements in low/mod areas. Target Date 6/30/2022 Estimate the number and type of families that will benefit from the proposed activities 9130 estimated based on prior years. Location Description Planned Activities These funds will be used for public facility and infrastructure improvements in low mod areas. 6 Project Name Planning and Administration Target Area Citywide Goals Supported Increase, Maintain, & Improve Affordable Housing Preserve and Improve Public Facilities Provide Public Services to Improve Quality of Life Support Service-Enriched Homeless Shelters Economic Development Annual Action Plan 2022 44 OMB Control No: 2506-0117 (exp. 09/30/2021) Needs Addressed Public Services Affordable Housing Homeless Services and Housing Public Facilities and Infrastructure Improvements Economic Development Assistance Funding CDBG: $96,000 Description The City will use approximately 20 percent of its entitlement to administer the CDBG program. Target Date Estimate the number and type of families that will benefit from the proposed activities NA Location Description 400 Grand Avenue Planned Activities The City will use approximately 20 percent of its entitlement to administer the CDBG program. Annual Action Plan 2022 45 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-50 Geographic Distribution - 91.420, 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration) where assistance will be directed The City has identified the census blocks with more than 51% of residents with low to moderate household incomes. Using HUDs CPD Maps website as a guide, as well as using HUDs GIS dataset, the City has created a CDBG Service Areas map for South San Francisco (see Attachment D). These Service Areas generally meet the CDBG Low to Moderate Area Benefit (LMA) requirements, however the area known as East 101, is predominantly industrial activities, and CDBG funding will not be spent in this region. The below census blocks meet the meets the CDBG Low to Moderate Area Benefit (LMA) requirements: • 601901-2, 601902-3 • 602000-5 • 602100-1, 602100-3 • 602200-1, 602200-2, 602200-3, 602200-4 • 602300-1 • 602400-1 The City will direct assistance to these areas through public improvement projects Geographic Distribution Target Area Percentage of Funds SSF Downtown Tracts 6021, 6022 CDBG Target Area CDBG Services Area 40 Citywide Table 8 - Geographic Distribution Rationale for the priorities for allocating investments geographically The City designates these areas as target areas for funding services because a majority of those who reside and/or receive services in this area are low income. Therefore, improvements made to this area, through activities like public right of way beautification projects, create a citywide benefit. Discussion Many of the City's service providers are located either outside of the CDBG Target area or are regional Annual Action Plan 2022 46 OMB Control No: 2506-0117 (exp. 09/30/2021) providers with headquarters in other jurisdictions, but who specifically serve South San Francisco residents. The City works to find a balance between funding projects to assist residents in the low- income neighborhoods, with services that serve low-income residents city-wide. Annual Action Plan 2022 47 OMB Control No: 2506-0117 (exp. 09/30/2021) Annual Action Plan 2022 48 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-75 Barriers to affordable housing -91.420, 91.220(j) Introduction A lack of resources and the current market conditions have presented barriers to affordable housing. Currently, there is a lack of sufficient federal, state, and county funds to create new affordable housing. Federal tax credits are very limited and extremely competitive. Furthermore, the County resources, which consist only of HOME funds, have been drastically reduced and remain extremely competitive. Additionally, the dissolution of RDAs signifies a tremendous loss of resources available for affordable housing. In prior years, RDA funds were used to develop numerous affordable housing units while also bolstering the City's CDBG program. Due to the dissolution of the RDA, it is now necessary to piece together several years of funding allocations and grants, thus requiring at least 5 to 7 sources of funds to be able to construct new housing on the Peninsula. These sources have consequently reduced as well. As such, cities will not be able to meet their state mandated housing production requirements, especially for affordable housing units. In addition to limited resources, the current market conditions have created an unsustainable housing cost environment due to inflated rents and expensive home/land prices. According to the 2018 American Community Survey 5-Year Estimates, 53% of renters in South San Francisco are paying more than 35% of their income towards rent. Additionally, 25% of homeowners in South San Francisco with a mortgage are spending 35% or more of their household income on housing costs (2014-2018) American Community Survey 5-Year Estimates). This data signifies that a large portion of South San Francisco households are living in unaffordable housing which in turn is putting them at risk of becoming homeless. While the City actively makes efforts to provide affordable housing to residents, the lack of resources and market conditions pose as formidable barriers. Therefore, the City is continually seeking new and innovative ideas to overcome these barriers. In 2018, the City made strides in addressing the housing shortage by adopting several affordable housing policies. This includes adopting an inclusionary housing policy and a commercial linkage fee. The inclusionary policy allows the City to increase its below market rate units by requiring any new rental and for-sale sale residential units consisting of five more units. In addition, the Commercial Linkage fee expands the City’s affordable housing funds through office and commercial developer fees. Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and Annual Action Plan 2022 49 OMB Control No: 2506-0117 (exp. 09/30/2021) policies affecting the return on residential investment The City will continue to monitor and identify areas of improvement in its public policies in order to foster and maintain the supply of affordable housing and to remove barriers to affordable housing development. The City will also continue to maintain and encourage affordable housing development by: • Implementing zoning to ensure there is an adequate supply of land to meet its Association of Bay Area Governments (ABAG) regional housing needs allocation. • Continuing to implement the City's Inclusionary Housing Ordinance; this requires that a percentage of new “for sale” residential units are made available as Below Market Rate (BMR) units for low income residents. The City will also continue to support its existing BMR units. • Investigating new sources of funding for the City's affordable housing programs and working with non-profit developers to promote the development of affordable housing for lower income households. • Considering fee waivers or deferrals of planning, building, and impact fees for affordable housing developments. • Removing government and public infrastructure constraints to affordable housing development through administrative support, intergovernmental cooperation, public-private partnerships, and permit streamlining. • Continuing to cooperate with other governmental agencies and take an active interest in seeking solutions to area-wide housing problems. Encouraging the construction of Accessory Dwelling Units by expedited permitting and providing architectural Discussion The City is continuously looking for opportunities to help address housing needs in the community, especially for lower-income residents. The City hopes to find additional opportunities for partnership in meeting housing needs. Annual Action Plan 2022 50 OMB Control No: 2506-0117 (exp. 09/30/2021) AP-85 Other Actions - 91.420, 91.220(k) Introduction The following sections describe the actions and efforts the City will make to address things such as meeting underserved needs, affordable housing, and lead-based paint hazards. Many of these actions are based upon the importance of coordinating with other jurisdictions, local service providers, and the private sector. In a time with limited funding available, the City's focus will be on creativity and collaboration in order to meet more needs of the community. Actions planned to address obstacles to meeting underserved needs The significant challenge for the City in meeting needs for the underserved community has been the lack of funding. As mentioned previously, the dissolution of RDA eliminated a major funding source for affordable housing and funding for low-income residents, therefore funding was narrowed to CDBG, General Fund and County funds. To add, the impact of the pandemic worsened the conditions for low-income residents as it disproportionately impacted Blacks and Latinos due to the nature of their occupations, discrimination, income gap, and access to healthcare. The City has received additional funding from Coronavirus Aid, Relief, and Economic Security Act (CARES Act) funds to address these disparities and anticipates additional funds from the State and Federal government. The City will continue to work with all levels of government and non-profits to address income inequality and poverty in South San Francisco. Actions planned to foster and maintain affordable housing Listed below are actions the City plans to take to foster and maintain affordable housing: • Promote the construction of lower cost units by providing incentives to developers and encouraging mixed-use projects, second units, density bonuses, loft-style units, and manufactured housing. • Strive to preserve and maintain existing affordable housing by using state and federal funds to the fullest extent to rehabilitate existing housing units. Additionally, the City will continue to support affordable housing for groups with special needs, including seniors, the disabled, and the homeless. • Continue to implement its Inclusionary Housing Ordinance that requires a percentage of new "for sale" residential units be made available as Below Market Rate (BMR) units for low-income residents. The City will also continue to support its existing BMR units. • Provide a “how to guide” for developers who are introducing new BMR units to the market Annual Action Plan 2022 51 OMB Control No: 2506-0117 (exp. 09/30/2021) which provides guidance regarding resident selection, monitoring etc. Actions planned to reduce lead-based paint hazards The City will continue to incorporate lead testing and lead safe work practices into all rehabilitation projects it funds. Additionally, the City makes lead-based paint information available on its website, to all the local non-profit agencies, to homeowners and renters. The City also provides loans and grants to homeowners and public facilities to abate lead-based paint hazards. The City is also working with the County to access more funds for lead-based paint rehabilitation projects. Actions planned to reduce the number of poverty-level families The City of South San Francisco has a multi-faceted approach to reducing poverty in the community: First, the City has acquired housing units over the years and converted them into affordable rental units. The City manages the units and rents them at affordable rates to assist low-income families whose incomes do not support market rate housing costs. These efforts help reduce the number of families living in poverty by providing them with affordable housing costs. Additionally, the City has provided some of these units to the County’s Emancipated Foster Youth Program to provide affordable housing for youth who have transitioned out of the foster care system. Additionally, the City’s housing rehabilitation program offers low- and moderate-income homeowners the opportunity to bring their homes to current building and safety standards by providing low interest loans and grants. This improves living conditions in a manner that does not create an economic burden on the family. It is also important to note that non-profit organizations in South San Francisco play an important role in providing affordable housing, food, childcare, clothing, and other emergency services to low income residents. The City partially funds and monitors these organizations through the CDBG Program. Through this multitude of efforts, in collaboration with non-profit agencies, the City is continually working to help reduce the number of families living in poverty. With that said, there are significant challenges to accomplishing this long-term goal. The biggest barrier to the provision of services to lower income families and those at risk of becoming homeless is the lack of adequate state, county, and federal funds for social service activities. For example, CDBG funding for public services is limited to 15% of the City’s entitlement amount and 15% of prior year program income. Since the City does not know how much program income will be received in a given year, and since program income is often received after the Action Plan has been drafted and the budgets have been set, it can be difficult to incorporate program income into services funding. The City continues to strive for efforts that creatively and Annual Action Plan 2022 52 OMB Control No: 2506-0117 (exp. 09/30/2021) efficiently work with these constraints. Actions planned to develop institutional structure City will make the following efforts to improve institutional structure: Continue to assist the homeless and those at risk of becoming homeless by supporting non-profits that offer solutions and services to the homeless and continue working the with the Homeless Outreach Team (HOT) • Continue to work with the other local jurisdiction as part of the CDBG Work Group in order to increase collaboration and make administrative and monitoring processes more standardized, compliant, and efficient • Continue to build and improve relationships with local service providers • Continue to coordinate and participate in the Continuum of Care Actions planned to enhance coordination between public and private housing and social service agencies The City plans to take the following actions to enhance coordination in the implementation of the City's Action Plan: • Continue to collaborate with the County of San Mateo, private housing developers, lenders, and non-profit housing developers in order to create more affordable housing • Continue to participate in the CDBG Work Group and to improve CDBG administrative processes for both subrecipients and City staff • Continue to fund non-profit agencies serving low-income residents • Encourage collaboration and cooperation among local service providers • Continue to participate in the CoC Steering Committee • Continue to participate in the San Mateo County HOME Consortium and to serve on the San Mateo County's Housing & Community Development Committee (HCDC) • Support workforce development partnerships that serve residents and employees in South San Francisco • Continue working with regional economic development groups and promote economic development collaborations • Work with businesses and the Chamber of Commerce on downtown beautification and other projects to improve the downtown • Continue to work with the Homeless Outreach Team; this includes the City’s participation on the Annual Action Plan 2022 53 OMB Control No: 2506-0117 (exp. 09/30/2021) HOT’s Case Manager Group and Oversight Committee Discussion Annual Action Plan 2022 54 OMB Control No: 2506-0117 (exp. 09/30/2021) Program Specific Requirements AP-90 Program Specific Requirements - 91.420, 91.220(l)(1,2,4) Introduction Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(l)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before the start of the next program year and that has not yet been reprogrammed 0 2. The amount of proceeds from section 108 loan guarantees that will be used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan. 0 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the planned use has not been included in a prior statement or plan 0 5. The amount of income from float-funded activities 0 Total Program Income: 0 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income.Overall Benefit - A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 80.00% Annual Action Plan 2022 55 OMB Control No: 2506-0117 (exp. 09/30/2021) Discussion Annual Action Plan 2022 56 OMB Control No: 2506-0117 (exp. 09/30/2021) City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-281 Agenda Date:4/27/2022 Version:1 Item #:17. Report regarding a Planning Commission recommendation to City Council for consideration of California Environmental Quality Act (CEQA) determinations and to adopt amendments to Title 15 (Buildings and Construction) and Title 20 (Zoning) regarding large family daycare homes, accessory dwelling units, and Design Review requirements pertaining to certain residential developments under state law (Claire Lai, Assistant City Attorney and Tony Rozzi, Chief Planner ) RECOMMENDATION It is recommended that the City Council waive further reading and introduce an ordinance to modify Title 15 (Buildings and Construction)and Title 20 (Zoning)regarding large family daycare homes,accessory dwelling units, and Design Review requirements pertaining to certain residential developments under state law. MOTION FOR CITY COUNCIL: Move to waive further reading and introduce the ordinance. BACKGROUND/DISCUSSION The proposed Municipal Code amendments would make minor modifications with respect to various regulatory areas in response to changes in state law, as outlined below. Edits relating to State law changes regulating large family daycare homes (Municipal Code Section 20.350.019) These edits remove special requirements that are currently applicable to large family daycare homes under the Muni Code that are no longer permitted by new state law. Recently adopted and signed into law, Senate Bill (“SB”) 234 amended Health and Safety Code (HSC) Section 1597.45 and established that “a local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home.” The amendment to HSC Section 1597.45 further provides that “the use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.” “Family daycare home” is defined as a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home.” (HSC Section 1596.78(a).) This new state law would require local governments to remove special requirements for large family daycare homes that are not otherwise imposed upon all other residences with the same zoning designation as the family daycare home. HSC Section 1597.41, et seq. requires that local governments treat both small and large family daycare homes alike, essentially giving large family daycare homes the same status as small family daycare homes and restricting a local government’s ability to impose regulations on either. Any local ordinances currently imposed on family daycare homes, but not on other residential uses, are invalid. Currently, South San Francisco Municipal Code Section 20.350.019 imposes requirements on large family City of South San Francisco Printed on 4/28/2022Page 1 of 5 powered by Legistar™ File #:22-281 Agenda Date:4/27/2022 Version:1 Item #:17. daycare homes that are no longer authorized under SB 234. The proposed amendment to the zoning ordinance brings Section 20.350.019 into compliance with SB 234. Large day care homes continue to be subject to applicable requirements of the underlying residential district and must comply with all requirements applicable to single-family homes in said district. The ordinance amendments removes special requirements that were previously imposed on large family day care homes but are no longer permitted under the new state law. Edits relating to state law changes regulating ADUs (Municipal Code Section 20.350.035) This set of edits makes certain clarifying changes in accordance with state ADU law provisions and also incorporates new ADU states adopted by the Legislature in 2021. The first set of changes clarify that ADUs must be rented for a period of 31 days or more, which prohibits them from being used for short-term rentals. This is consistent with the requirements of state law. Government Code Section 65852.2 sets requirements for accessory dwelling units (ADUs). Among other requirements, it restricts the separate sale or conveyance of an ADU. Government Code Section 65852.2 also provides that a “local agency may require . . . that the property be used for rentals of terms longer than 30 days.” In other words, the City may prohibit use for rentals of terms less than 31 days. Government Code Section 65852.22, related to junior accessory dwelling units (JADUs), is silent on the short-term rental restriction authorization. Because the Government Code section is silent on the short-term rental restriction of JADUs, but does not prohibit the City from imposing a short-term rental restriction, the City’s municipal code restriction related to use of JADUs as short-term rentals is still authorized. Next, the proposed ordinance amendment would add a specific exception to the general rule that prohibits ADUs from being sold separately from the primary residence. This edit is prompted by recent state law changes. Specifically, assembly Bill 345 was recently adopted and signed into law, which allows a certain set of ADUs that are constructed by qualified nonprofits, and sold to qualified low-income buyers, to be sold separately from the primary residence. Specifically, the City must allow an ADU to be sold or conveyed separately from the primary residence to a low- or moderate-income buyer if all of the following requirements are met: (1)The ADU, or the primary dwelling, was developed by a qualified nonprofit corporation (a 501(c)(3) + receives welfare exemption); (2)The buyer qualifies as low or moderate income individual or household as defined by state law; (3)There is an enforceable restriction on the use of the property between the low-income buyer and nonprofit that satisfies requirements under the state Revenue and Taxation Code; (4)The property is subject to a recorded “tenancy in common agreement” that meets certain requirements under state law (including owner-occupant requirements and affordability restrictions); and (5)The ADU, if requested by a utility providing service to the primary residence, must also have separate utility connections. A grant deed needs to be recorded for the conveyance with the county with a change of ownership report filed concurrently in accordance with the Tax Code requirements. (Gov. Code section 65852.26.) As written, Section 20.350.035 currently provides that ADUs cannot be used for rentals for terms shorter than 30 days, and cannot be conveyed separately which need to be updated given the requirements of Government Code Sections 65852.2 and the addition of 65852.26. The proposed amendments to the ordinance brings Section 20.350.019 into compliance with Government Code Sections 65852.2 and 65852.26, prohibiting rentals for terms less than 31 consecutive days and authorizing the separate sale or conveyance of ADUs in specific circumstances, as stated above. City of South San Francisco Printed on 4/28/2022Page 2 of 5 powered by Legistar™ File #:22-281 Agenda Date:4/27/2022 Version:1 Item #:17. Additionally, the proposed zoning text amendments would make certain clean-up changes to the regulations of ADUs, and in particular would provide that applicants of multiple-unit residential lots would be able to construct either: (1) up to two detached ADUs or conversion ADUs of existing non-livable space; or (2) one attached ADU that is connected to one of the single-unit dwellings. This is consistent with state ADU law which requires cities to permit at least one ADU (attached, detached, or conversions) on single- and multi- family lots. This also provides applicants seeking to build ADUs on multi-unit lots the opportunity construct an ADU in compliance with the City’s development standards. Edits to Design Review Exceptions This set of edits are made to reflect state law changes that require the City to ministerially review certain residential projects and exempting them from the discretionary design review/public hearing process. Specifically, Senate Bill 9 added California Government Code Sections 65852.21 and 66411.7, to require a proposed housing development containing no more than 2 residential units within a single-family residential zone to be considered ministerially, without discretionary review or hearing, if the proposed housing development meets certain requirements, including, but not limited to, that the proposed housing development would not require demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the proposed housing development does not allow for the demolition of more than 25% of the existing exterior structural walls, except as provided, and that the development is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. Senate Bill 9 also requires a local agency to ministerially approve a parcel map for an urban lot split that meets certain requirements, including, but not limited to, that the urban lot split would not require the demolition or alteration of housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income, that the parcel is located within a single-family residential zone, and that the parcel is not located within a historic district, is not included on the State Historic Resources Inventory, or is not within a site that is legally designated or listed as a city or county landmark or historic property or district. By state law, SB 9 projects cannot be subject to a discretionary design review process and cannot be considered through public hearings. Pursuant to Municipal Code Section 20.350.035, ADUs are also not currently subject to design review. Currently, Section 20.480.002 of the Municipal Code requires Design Review for projects, with limited exceptions. These exceptions do not currently include Senate Bill 9 projects and ADUs. The draft amendment to the ordinance adds Senate Bill 9 projects and ADUs to the list of items exempt from design review, consistent with Government Code Sections 65852.21 and 66411.7 and Municipal Code Section 20.350.035. The proposed amendment is meant to incorporate the requirement under SB 9, eliminating public hearing and discretionary review requirements for SB 9 projects, and also to provide internal consistency with the ADU ordinance (20.350.035) as ADUs are currently not subject to design review. Further, the proposed amendments include a “catch all” provision that would exempt all projects for which state law specifically prohibits a discretionary design review process. This revision is included to capture any potential state law changes that would require additional types of projects to be exempted from the City’s City of South San Francisco Printed on 4/28/2022Page 3 of 5 powered by Legistar™ File #:22-281 Agenda Date:4/27/2022 Version:1 Item #:17. design review process. The applicability of any such future state law would be confirmed by the Chief Planner and the City Attorney’s Office before any project is determined to be exempt from design review based on this catch-all provision. CEQA REVIEW The modifications to regulations pertaining to large family daycare homes are statutorily exempt from CEQA because they are implementing the provisions of Health and Safety Code Section 1597.41,et seq.The modifications to regulations pertaining to ADUs are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code because they are implementing the provisions of Government Code Section 65852.2.Further,the proposed modifications to design review regulations pertaining to certain residential development projects under Senate Bill 9 (2021)would be statutorily exempt from CEQA pursuant to Government Code Sections 65852.21 and 66411.7 as implementation of those state law provisions. In addition,the City Council in 2010 adopted an Initial Study/Negative Declaration (“IS/ND”)in accordance with the California Environmental Quality Act,Public Resources Code Sections 21000,et seq.(“CEQA”), which analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance.The modifications proposed in this Ordinance are minor in nature,the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated for the 2010 Zoning Ordinance,nor do the refinements,clarifications,and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. Finally,the modifications to regulations pertaining to design review exceptions are exempt from the California Environmental Quality Act (CEQA)pursuant to Sections 15061(b)(3)and 15378 of the CEQA Guidelines,as the proposed modification are minor,with no expansion in use or creating new uses,and has no potential for resulting in direct or indirect physical changes to the environment,and thus would not have any significant effects on the environment. PLANNING COMMISSION This item was considered by the Planning Commission on March 17,2022 and recommended for City Council adoption by a vote of 7-0-0. The resolution is included as Attachment 1 to this report. FISCAL IMPACT There is no fiscal impact with adoption of this zoning text amendment. RELATIONSHIP TO STRATEGIC PLAN The General Plan and companion zoning ordinance shall be updated from time to time to comply with state regulations and best practices to ensure orderly development throughout the City,as prioritized in the Strategic Plan. CONCLUSION It is recommended that the City Council waive further reading and introduce an ordinance to modify Title 15 (Buildings and Construction)and Title 20 (Zoning)regarding large family daycare homes,accessory dwelling City of South San Francisco Printed on 4/28/2022Page 4 of 5 powered by Legistar™ File #:22-281 Agenda Date:4/27/2022 Version:1 Item #:17. units, and Design Review requirements pertaining to certain residential developments under state law. Attachments: 1.2878-2022 PC Reso - Family Day Care and ADU ZTA Associated Legistar Files: 1.Item 22-284 - Ordinance City of South San Francisco Printed on 4/28/2022Page 5 of 5 powered by Legistar™ City of South San Francisco Resolution 2878-2022 P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA Resolution recommending that the City Council adopt an ordinance amending Title 15 (Building and Construction) and Title 20 (Zoning) of the South San Francisco Municipal Code pertaining to large family daycare homes, accessory dwelling units, and design review requirements. WHEREAS, in July 2010, the City Council for the City of South San Francisco (“City”) adopted a comprehensive update to the City’s Zoning Ordinance, which repealed the then-existing Title 20 of the South San Francisco Municipal Code, and replaced it with an entirely new Title that, among other actions, established new zoning districts, revised and reformatted many then-existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards; and WHEREAS, since adoption of the Zoning Ordinance in July 2010, the City has identified areas of the Zoning Ordinance that require minor refinement, clarification, and/or correction; and WHEREAS, City staff has drafted proposed revisions to the City’s Zoning Ordinance to address the identified areas that require correction (“Zoning Amendment” or “Project”); and WHEREAS, the 2010 Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial Study/Negative Declaration (“IS/ND”) in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (“CEQA”), which analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and WHEREAS, the minor refinements, clarifications, and/or corrections set forth in this Zoning Amendment, are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated for the 2010 Zoning Ordinance, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review; and WHEREAS, the proposed Zoning Amendment also includes modifications to regulations pertaining to accessory dwelling units and large family daycare homes, which are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code as implementation of the provisions of Government Code Sections 65852.2, and pursuant to Health and Safety Code Section 1597.45(d) as implementation of the provisions of Health and Safety Code Section 1597.41, et seq.; and WHEREAS, the proposed Zoning Amendment also includes modifications to regulations pertaining to design review of certain residential development projects under Senate Bill 9 (2021) (“SB 9”), which are exempt from CEQA pursuant to Government Code Sections 65852.21 and 66411.7 as those statutes specifically provide that such ordinances implementing SB 9 requirements are exempt from CEQA; and File #:22-171,Version:1 City of South San Francisco Printed on 4/12/2022Page 1 of 4 powered by Legistar™ File #:22-171,Version:1 WHEREAS, in addition to the foregoing, the City has identified additional provisions under Title 15 of the South San Francisco Municipal Code that require minor refinement, clarification, and/or correction in conjunction with the Zoning Amendment; and WHEREAS, the proposed amendments to the Municipal Code would not result in a direct or indirect physical change in the environment and would thus be exempt from CEQA pursuant to CEQA guidelines Section 15061 (b)(3) as it would not have a significant effect on the environment. WHEREAS, on March 17, 2022, the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing, for which the Planning Division provided at least 10 day notice of a public hearing consistent with Chapter 20.450 of the Municipal Code and with applicable state planning and zoning law, to solicit public comment and consider the CEQA finding and the proposed zoning ordinance amendments, and take public testimony. NOW, THEREFORE, BE IT RESOLVED that based on the entirety of the record before it, which includes without limitation, the California Environmental Quality Act, Public Resources Code §21000, et seq. (“CEQA”) and the CEQA Guidelines, 14 California Code of Regulations §15000, et seq.; the South San Francisco General Plan and General Plan EIR, including all amendments and updates thereto; the South San Francisco Municipal Code; the draft Zoning Text Amendments prepared by City staff; all reports, minutes, and public testimony submitted as part of the Planning Commission’s duly noticed April 16, 2020 meeting and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2) (“Record”), the Planning Commission of the City of South San Francisco hereby finds as follows: SECTION 1 FINDINGS I.General Findings 1.The foregoing recitals are true and correct and made a part of this Resolution. 2.The proposed Ordinance,attached hereto ad Exhibit A,is incorporated by reference and made a part of this Resolution, as if set forth fully herein. 3.The Record for these proceedings,and upon which this Resolution is based,includes without limitation, Federal and State law;the California Environmental Quality Act (Public Resources Code §§21000,et seq. (“CEQA”))and the CEQA Guidelines (14 California Code of Regulations §15000,et seq.);the South San Francisco General Plan and General Plan EIR,including all amendments and updates thereto;the South San Francisco Municipal Code;all reports,minutes,and public testimony submitted as part of the Planning Commission’s duly noticed April 16,2020 meeting and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). 4.The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco,315 Maple Avenue,South San Francisco,CA 94080, and in the custody of Chief Planner, Tony Rozzi. II.CEQA Findings 1.No further environmental analysis is necessary for the proposed zoning text amendments as the 2010 City of South San Francisco Printed on 4/12/2022Page 2 of 4 powered by Legistar™ File #:22-171,Version:1 Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial Study/Negative Declaration (“IS/ND”) in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (“CEQA”), which analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance. Based on evidence presented in the record, the adoption of the proposed minor zoning amendments would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated for the 2010 Zoning Ordinance, nor do the proposed minor amendments constitute a change in the project or change in circumstances that would require additional environmental review. Thus, no further actions under CEQA would be required at this time. 2.The proposed Ordinance also includes modifications to regulations pertaining to accessory dwelling units, which are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code as implementation of the provisions of Government Code Sections 65852.2, and pursuant to Health and Safety Code Section 1597.45(d) as implementation of the provisions of Health and Safety Code Section 1597.41, et seq. Further, the proposed Ordinance includes modifications to design review regulations pertaining to certain residential development projects under Senate Bill 9 (2021), which are statutorily exempt from CEQA pursuant to Government Code Sections 65852.21 and 66411.7. 3.Adoption of this Ordinance is further 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)). III.Zoning Text Amendment Findings 1.The proposed Zoning Ordinance Amendments are consistent with the General Plan because the Ordinance Amendments will continue to reinforce many of the General Plan policies maintaining a balanced land use program and is consistent with the City’s overall vision for the proper location of uses. None of the new or revised definitions,tables,figures and land uses will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. 2.The areas of the City impacted by the proposed Zoning Ordinance Amendments are suitable for the proposed uses in terms of access,size of parcel,relationship to similar or related uses,and other considerations because the minor revisions,corrections and clarifications will not alter the existing uses permitted in the Zoning Ordinance. 3.The proposed Zoning Ordinance Amendments are not detrimental to the use of land in any adjacent zone because the minor revisions,corrections and clarifications will not result in a change of any existing zoning districts. SECTION 2 RECOMMENDATION NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of City of South San Francisco Printed on 4/12/2022Page 3 of 4 powered by Legistar™ File #:22-171,Version:1 South San Francisco hereby makes the findings contained in this Resolution, and recommends that the South San Francisco City Council adopt an Ordinance amending South San Francisco Municipal Code Title 20 (Zoning), attached as Exhibit A. BE IT FURTHER RESOLVED that this Resolution shall become effective immediately upon its passage and adoption. * * * * * * * I hereby certify that the foregoing resolution was adopted by the Planning Commission of the City of South San Francisco at a regular meeting held on the 17th day of March by the following vote: AYES:________________________________________________________________ NOES:________________________________________________________________ ABSTENTIONS:________________________________________________________ ABSENT:______________________________________________________________ Attest:__________________________________ Tony Rozzi Secretary to the Planning Commission City of South San Francisco Printed on 4/12/2022Page 4 of 4 powered by Legistar™ Chair Shihadeh, Vice Chair Tzang, Faria, Funes, De Paz Fernandez, Murphy, Evans Amendments to the Municipal Code Regarding Large Family Daycare Homes, Accessory Dwelling Units, and Residential Design Review Requirements City Council Meeting April 27, 2022 Government Code Section 54957.5 SB 343 Agenda: 4/27/2022 Reg CC Item #17 •In-home daycare for up to 14 children, for less than 24 hours •SB 234 (2019) makes LFDHs by-right and prohibits: ―Local business license, fee, or tax requirements for LFDH ―Treating LFDHs differently from residential homes or small family daycare homes in the same zoning designation •Proposed ordinance amends SSFMC to align with SB 234 ―Deletes operating permit (Title 15) and other special requirements (Title 20) ―Subjects LFDHs to all requirements applicable to a single- family home, including building code requirements •ADUs may not be rented for less than 31 days •Multiple-Unit residential lots may construct: ―Up to 2 detached ADUs or conversion ADUs in existing non-livable space, or ―One attached ADU connected to one of the single-unit dwellings •Authorizes ADUs to be sold separately from the primary residence if allowed by state law (AB 345)(2021) ―Qualified nonprofit developer and low/moderate income buyer, plus other requirements •Clarifying change to exempt: ―Accessory Dwelling Units ―SB 9 projects (i.e. up to two units) ―Any additional ministerial, nondiscretionary projects as required by state law As confirmed by the Chief Planner and City Attorney Waive reading and introduce the proposed ordinance making findings under CEQA and amending Titles 15 and 20 of the Municipal Code, to implement changes related to Large Family Daycare Homes, Accessory Dwelling Units, and Residential Design Review requirements. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-284 Agenda Date:4/27/2022 Version:1 Item #:17a. Ordinance amending provisions of the South San Francisco Municipal Code to modify Title 15 (Buildings and Construction)and Title 20 (Zoning)regarding large family daycare homes,accessory dwelling units,and Design Review requirements pertaining to certain residential developments under state law. WHEREAS, in July 2010, the City Council for the City of South San Francisco (“City”) adopted a comprehensive update to the City’s Zoning Ordinance, which repealed the then-existing Title 20 of the South San Francisco Municipal Code, and replaced it with an entirely new Title that, among other actions, established new zoning districts, revised and reformatted many then-existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards; and WHEREAS, since adoption of the Zoning Ordinance in July 2010, the City has identified areas of the Zoning Ordinance that require minor refinement, clarification, and/or correction; and WHEREAS, City staff has drafted proposed revisions to the City’s Zoning Ordinance to address the identified areas that require correction (“Zoning Amendment” or “Project”); and WHEREAS, the 2010 Zoning Ordinance was adopted after preparation, circulation, consideration, and adoption of an Initial Study/Negative Declaration (“IS/ND”) in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. (“CEQA”), which analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and WHEREAS, the minor refinements, clarifications, and/or corrections set forth in this Zoning Amendment, are minor in nature, the adoption of which would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated for the 2010 Zoning Ordinance, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review; and WHEREAS, the proposed Zoning Amendment also includes modifications to regulations pertaining to accessory dwelling units and large family daycare homes, which are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code as implementation of the provisions of Government Code Sections 65852.2, and pursuant to Health and Safety Code Section 1597.45(d) as implementation of the provisions of Health and Safety Code Section 1597.41, et seq.; and WHEREAS, the proposed Zoning Amendment also includes modifications to regulations pertaining to design review of certain residential development projects under Senate Bill 9 (2021) (“SB 9”), which are exempt from City of South San Francisco Printed on 4/28/2022Page 1 of 9 powered by Legistar™ File #:22-284 Agenda Date:4/27/2022 Version:1 Item #:17a. CEQA pursuant to Government Code Sections 65852.21 and 66411.7 as those statutes specifically provide that such ordinances implementing SB 9 requirements are exempt from CEQA; and WHEREAS, in addition to the foregoing, the City has identified additional provisions under Title 15 of the South San Francisco Municipal Code that require minor refinement, clarification, and/or correction in conjunction with the Zoning Amendment; and WHEREAS, the proposed amendments to the Municipal Code would not result in a direct or indirect physical change in the environment and would thus be exempt from CEQA pursuant to CEQA guidelines Section 15061 (b)(3) as it would not have a significant effect on the environment. WHEREAS, on March 17, 2022 the Planning Commission for the City of South San Francisco held a lawfully noticed public hearing, for which the Planning Division provided at least 10 day notice of a public hearing consistent with Chapter 20.450 of the Municipal Code and with applicable state planning and zoning law, to solicit public comment and consider the CEQA finding and the proposed zoning ordinance amendments, take public testimony, and adopted Resolution No.2878-2022 making a recommendation to the City Council on the Zoning Amendment; and WHEREAS, on April 27, 2022 the City Council for the City of South San Francisco held a lawfully noticed public hearing to solicit public comment and consider the CEQA finding and the proposed zoning ordinance amendments, take public testimony, and consider the recommendation of the Planning Commission on the proposed revisions to the City’s Zoning Ordinance. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before it, as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION 1.FINDINGS. Based on the entirety of the record as described above,the City Council for the City of South San Francisco hereby makes the following findings: A. General Findings. 1.The foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. 2.The Record for these proceedings,and upon which this Ordinance is based,includes without limitation, the California Environmental Quality Act,Public Resources Code §21000,et seq.(“CEQA”)and the CEQA Guidelines,14 California Code of Regulations §15000,et seq.;the South San Francisco General Plan and General Plan EIR;the South San Francisco Municipal Code;the Zoning Ordinance Text Amendments;and all reports,minutes,and public testimony submitted as part of the Planning Commission’s duly noticed March 17,2022 meeting;and all reports,minutes,and public testimony submitted as part of the City Council’s duly noticed April 27,2022 meeting;and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). City of South San Francisco Printed on 4/28/2022Page 2 of 9 powered by Legistar™ File #:22-284 Agenda Date:4/27/2022 Version:1 Item #:17a. 3.The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco,315 Maple Avenue,South San Francisco,CA 94080, and in the custody of the Chief Planner, Tony Rozzi. B. California Environmental Quality Act (CEQA) Findings. 1.No further environmental analysis is necessary for the proposed zoning text amendments as the 2010 Zoning Ordinance was adopted after preparation,circulation,consideration,and adoption of an Initial Study/Negative Declaration (“IS/ND”)in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000,et seq.(“CEQA”),which analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance.Based on evidence presented in the record, the adoption of the proposed minor zoning amendments would not result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated for the 2010 Zoning Ordinance,nor do the proposed minor amendments constitute a change in the project or change in circumstances that would require additional environmental review.Thus,no further actions under CEQA would be required at this time. 2.The proposed Ordinance also includes modifications to regulations pertaining to accessory dwelling units,which are statutorily exempt from CEQA pursuant to Section 21080.17 of the Public Resources Code as implementation of the provisions of Government Code Sections 65852.2,and pursuant to Health and Safety Code Section 1597.45(d)as implementation of the provisions of Health and Safety Code Section 1597.41,et seq.Further,the proposed Ordinance includes modifications to design review regulations pertaining to certain residential development projects under Senate Bill 9 (2021),which are statutorily exempt from CEQA pursuant to Government Code Sections 65852.21 and 66411.7. 3.Adoption of this Ordinance is further 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)). C. Zoning Amendment Findings. 1.The proposed Zoning Ordinance Amendments are consistent with the General Plan because the Ordinance Amendments will continue to reinforce many of the General Plan policies maintaining a balanced land use program and is consistent with the City’s overall vision for the proper location of uses.None of the new or revised definitions,tables,figures and land uses will conflict with or impede City of South San Francisco Printed on 4/28/2022Page 3 of 9 powered by Legistar™ File #:22-284 Agenda Date:4/27/2022 Version:1 Item #:17a. achievement of any of the goals, policies, or land use designations established in the General Plan. 2.The areas of the City impacted by the proposed Zoning Ordinance Amendments are suitable for the proposed uses in terms of access,size of parcel,relationship to similar or related uses,and other considerations because the minor revisions,corrections and clarifications will not alter the existing uses permitted in the Zoning Ordinance. 3.The proposed Zoning Ordinance Amendments are not detrimental to the use of land in any adjacent zone because the minor revisions,corrections and clarifications will not result in a change of any existing zoning districts.The changes are also consistent with recent state law mandates that would encourage the development of housing projects. SECTION 2.AMENDMENTS TO THE ZONING CODE UNDER TITLE 20 OF THE MUNICIPAL CODE The following provisions of Title 20 the South San Francisco Municipal Code are amended as shown here,with additions in red double underline and deletions in strikethrough.Sections,subsections,subdivisions,texts and tables that are not amended by this ordinance are not included in the following provisions,and shall remain in full force and effect. A.Revisions to Section 20.350.019 “Family Day Care, Large” under Title 20, Chapter 20.350 Section 20.350.019 (Family Day Care Homes , Large) Large family day care homes Family Day Care Homes (including small and large facilities)shall be located, developed, and operated in compliance with the applicable requirements of State law and shall comply with all applicable requirements of the underlying residential zoning district where the day care home is located. Family Day Care Homes shall also comply with all requirements of this Code applicable to single-family residential homes in their respective zoning districts, including the requirements of the City’s noise ordinance limits.the following standards: A.Location. Large family day care homes must be located at least 500 feet apart in all directions from any other large family day care home. In no case, however, shall there be more than one large family day care home per blockface. The Chief Planner may grant exceptions to these location requirements. B.Hours of Operation. Large family day care homes shall operate only between the hours of 6:00 a.m. and 7:00 p.m., Monday through Friday. Additional hours may be allowed subject to the approval of a Minor Use Permit. C.Residency. The operator of a large family day care home shall be a full-time resident of the dwelling unit in which the facility is located. D.License. The operator shall secure and maintain a large family day care home license from the State of California Department of Social Services. E.Screening. A periphery wall, constructed of wood or masonry, shall be provided for purposes of City of South San Francisco Printed on 4/28/2022Page 4 of 9 powered by Legistar™ File #:22-284 Agenda Date:4/27/2022 Version:1 Item #:17a. securing outdoor play areas and screening the site and shall achieve at least 75 percent opacity. Chain link metal fencing or barbed wire is prohibited. F.Play Area. A minimum of 700 square feet of play area is required. An additional 75 square feet is required for each child in excess of 10, as shown by the maximum number of children which may be cared for at any time, pursuant to the license for such a facility. The play area shall not be located in any required front or side yard. G.Passenger Loading and Drop-off. A minimum of one improved off-street drop-off and pick-up parking space shall be provided unless there is at least one on-street parking space located directly adjacent to the large family day care home property for such use. H.Traffic. Increased traffic due to the operation of any large family day care home shall not cause traffic levels to exceed those levels customary in residential neighborhoods. However, somewhat higher traffic levels during the morning and evening commute time is acceptable. B.Revisions to Section 20.350.035 “Accessory Dwelling Units” under Title 20, Chapter 20.350 Section 20.350.035 (Accessory Dwelling Units) . . . C.Number of Units Allowed. . . . 2.Multiple-Unit Residential Lot. a. Up to two detached accessory dwelling units are permitted on a lot with an existing or proposed multiple-unit residential dwelling. Within an existing multiple-unit residential dwelling structure, converted accessory dwelling units shall be permitted up to 25 percent of the existing number of units or one unit, whichever is greater. Such converted accessory dwelling unit shall only be permitted within the portions of the structure that is not used as livable space provided that the unit complies with the California Building Standards Code as set forth in Title 15 of this Code. b. If there are existing accessory structures on a lot with an existing or proposed multiple-unit residential dwelling, converted accessory dwelling units may be permitted within all such existing accessory structures provided that the lot does not otherwise contain one or more proposed or existing accessory dwelling unit permitted under subsection (C)(2)(a) above, and that the converted accessory dwelling units meet the requirements of subsection (B)(3) above, the development standards of the zoning district in which the property is located, and all other applicable requirements of this chapter. c. One attached accessory dwelling unit, provided that there is no existing or proposed accessory dwelling units on the same lot utilizing subsection (a) or (b) above. . . . D.Development Standards.Accessory dwelling units shall conform to the specific development standards set forth below and, unless specified otherwise below, shall comply with the landscaping, lot coverage, and other zoning requirements of the zoning district in which the site is located; other applicable development standards in this chapter; other requirements of the zoning ordinance; and other applicable City building, City of South San Francisco Printed on 4/28/2022Page 5 of 9 powered by Legistar™ File #:22-284 Agenda Date:4/27/2022 Version:1 Item #:17a. electrical, fire, utility and structural safety codes. . . . 5.Exceptions. Development standards described in this chapter and elsewhere in the zoning ordinance shall be waived for: a. Converted accessory dwelling units located on single-unit dwelling lots; b. Attached or detached accessory dwelling units that have a maximum size of 800 square feet with at most 16 feet in height, does not exceed four-foot side and rear yard setbacks, and located on single-unit dwelling lots; c. Converted accessory dwelling units located on a lot with one or more existing multiple-unit residential dwelling as set forth in subsection (C)(2)(a) above; and d. Detached accessory dwelling units located on a lot with one or more existing multiple-unit residential dwelling as permitted by subsection (C)(2)(a) above, provided that such units have a maximum height of 16 feet and four-foot rear and side yard setbacks.However, the foregoing accessory dwelling units shall continue to comply with applicable building, electrical, fire, utility and structural safety codes for the issuance of a City building permit. However, the foregoing accessory dwelling units under subsections 5(a)-(d) shall continue to comply with applicable building, electrical, fire, utility and structural safety codes for the issuance of a City building permit. . . . I.Use Limitation. 1. An accessory dwelling unit may be rented separate from a primary single-unit or multiple-unit residential dwelling but may not be sold or otherwise conveyed separately from the primary unit , unless specifically authorized under California Government Code Section 65852.26. 2. An accessory dwelling unit shall not be used for rentals of terms shorter than 3031 consecutive days. J.Deed Restrictions. Prior to obtaining a building permit for an accessory dwelling unit, a deed restriction, approved as to form and content by the City Attorney, shall be recorded with the County Recorder’s office, which shall include the pertinent restrictions and limitations of an accessory dwelling unit identified in this chapter. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the City stating that: 1. The accessory dwelling unit cannot be sold separately. However, this clause shall be omitted from a deed restriction for an accessory dwelling unit that is specifically authorized under California Government Code Section 65852.26. 2. The accessory dwelling unit cannot be used for rentals for terms shorter than 3031 consecutive days. . . . K.Junior Accessory Dwelling Units. . . . City of South San Francisco Printed on 4/28/2022Page 6 of 9 powered by Legistar™ File #:22-284 Agenda Date:4/27/2022 Version:1 Item #:17a. 5.No Short-Term Rental. A junior accessory dwelling unit shall not be used for rentals of terms shorter than 3031 consecutive days. 6.Deed Restriction. Prior to obtaining a building permit for a junior accessory dwelling unit, a deed restriction, approved by the City Attorney, shall be recorded with the County Recorder’s office, which shall include the pertinent restrictions and limitations of a junior accessory dwelling unit identified in this section. Said deed restriction shall run with the land, and shall be binding upon any future owners, heirs, or assigns. A copy of the recorded deed restriction shall be filed with the City stating that: . . . d. The junior accessory dwelling unit shall not be used for rentals for terms shorter than 3031 consecutive days; . . . C.Revisions to Section 20.480.002 “Design Review -Applicability”under Title 20,Chapter 20.480 Section 20.480.002 (Design Review - Applicability) A. Design review is required for all projects that require a building permit, which involve construction, reconstruction, rehabilitation, alteration, or other improvements to the exterior of a structure or parking area except for: 1. Construction, reconstruction, alterations, improvements, and landscaping that comply with the requirements of a project developed in compliance with a previous design review approval; 2. Additions to one-, two-, and three-unit residential structures that do not break the existing roof line of the structure and do not constitute a 50 percent or greater increase in floor area; 3. Signs exempted pursuant to Section 20.360.002 (“Applicability and Exemptions”); 4. Changes in sign copy on existing signs, existing changeable copy signs or signs designed to allow a change of copy, excluding painted signs or copy changes which increase the sign area of coverage or which physically alter the sign structure;and 5. Alterations and improvements required in whole or part to meet federal or State requirements to accommodate persons with disabilities.; 6. Accessory Dwelling Units as defined under Section 20.350.035 of this Code; and 7. Residential projects proposed and developed pursuant to California Government Code Sections 65852.21 or 66411.7, or both (collectively and commonly known as Senate Bill No. 9 (2021)). 8. Any other development projects or work specifically mandated as only subject to a ministerial or non- discretionary review process by applicable state housing or land use laws, as confirmed by the Chief Planner in consultation with the City Attorney’s Office. . . . City of South San Francisco Printed on 4/28/2022Page 7 of 9 powered by Legistar™ File #:22-284 Agenda Date:4/27/2022 Version:1 Item #:17a. D.Revisions to Sections 2-.620.002 “Residential Use Classifications” and 20.620.003 “Public and Semi-Public Use Classifications” under Title 20, Chapter 20.620 Section 20.620.002 “Residential Use Classifications” . . . Family Day Care Homes, Family Day Cares or Family Day Care Centers.A day-care facility licensed by the State of California that is located in a single-unit residence or other dwelling unit where an occupant of the residence provides care and supervision for children under the age of 18 for periods of less than 24 hours a day. Small.A facility that provides care for eight or fewer children, including children under the age of 10 who reside at the home. Large.A facility that provides care for seven to 14 children, including children under the age of 10 who reside at the home. Section 20.620.003 “Public and Semi-Public Use Classifications” . . . Day Care Centers. Establishments providing non-medical care for persons on a less than twenty-four-hour basis other than Home Day Care Family Day Care Homes. This classification includes nursery schools, preschools, and day care facilities for children or adults, and any other day care facility licensed by the State of California. . . . SECTION 3.AMENDMENTS TO TITLE 15 OF THE MUNICIPAL CODE Section 15.24.030 “Operational permits”of Title 15 the South San Francisco Municipal Code is amended as shown here,with additions in red double underline and deletions in strikethrough.Sections,subsections, subdivisions,texts and tables that are not amended by this ordinance are not included in the following provisions, and shall remain in full force and effect. Section 15.24.030 Operational permits. . . . California Fire Code Section 105.6 is hereby amended by adding Section 105.6.55 as follows: 105.6.55 Large Family Home Day Care. An operational permit is required to operate a Large Family Day Care as defined in Chapter 2. . . . SECTION 4.Severability. If any section,subsection,sentence,clause,or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction,such decision shall not affect the validity of the remaining portions of this Ordinance.The City Council hereby declares that it would have passed the City of South San Francisco Printed on 4/28/2022Page 8 of 9 powered by Legistar™ File #:22-284 Agenda Date:4/27/2022 Version:1 Item #:17a. of the remaining portions of this Ordinance.The City Council hereby declares that it would have passed the Ordinance,and each and every section,subsection,sentence,clause,or phrase not declared invalid or unconstitutional without regard to whether any portion of this Ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. Publication and Effective Date Pursuant to the provisions of Government Code Section 36933,the City Attorney shall prepare a summary of this Ordinance.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 ***** City of South San Francisco Printed on 4/28/2022Page 9 of 9 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-126 Agenda Date:4/27/2022 Version:1 Item #:18. Report regarding a motion to accept the construction improvements of the 2020 Pavement Rehabilitation Project (No.st2104)as complete in accordance with plans and specifications (Total Construction Cost $2,620,750.90)(Angel Torres, Senior Civil Engineer). RECOMMENDATION It is recommended that the City Council,by motion,accept the construction improvements of the 2020 Pavement Rehabilitation Project (No.st2104)in accordance with plans and specifications (Total Construction Cost $2,620,750.90) BACKGROUND/DISCUSSION On March 24,2021,the City Council of South San Francisco awarded the 2020 Pavement Rehabilitation Project (No. st2104)to Bay Cities Paving & Grading Inc. The intent of this project was to rehabilitate approximately 47,500 square yards of streets within the City of South San Francisco (or 2.1 centerline miles). The 2020 Pavement Rehabilitation Project (No.st2104)included work along 14 city streets.City streets included in this pavement rehabilitation project are Alta Mesa Drive,Ash Avenue,Camaritas Avenue,Cuesta Drive,Escanyo Drive,Hazelwood Drive,Northwood Drive,Southwood Center,Emerald Court,Forestview Drive, Iris Court, Sunnyside Drive, Keats Avenue and Ryan Way. The work completed consisted of mainly concrete curb ramp replacements with ADA compliant curb ramps and asphalt pavement rehabilitation (milling &paving).The pavement rehabilitation work also included localized base failure repairs,and crack sealing that is capped with hot mix asphalt overlay.Some of the elemental work included consists of replacement of existing city utility covers in the roadway with new frame and covers,replacement of concrete curb ramps with ADA compliant curb ramps,replacement of sections of fractured or settled concrete curb and gutter,valley gutter and concrete medians,adjustment to existing drain inlets and underground lines,protection of existing survey monuments in roadway,replacement of speed humps, and reinstallation of traffic striping and pavement markings. The Engineering Division inspected the work and found the project to be complete in accordance with the contract documents as of November 5,2021.Project location map and construction photos are included as Attachments 1 and 2, respectively, of this staff report. FISCAL IMPACT The project is funded in the City of South San Francisco’s fiscal year 2021-22 Capital Improvement Program (Project No. st2202) with sufficient bond funds allocated to cover the Total Construction Budget. City of South San Francisco Printed on 5/4/2022Page 1 of 2 powered by Legistar™ File #:22-126 Agenda Date:4/27/2022 Version:1 Item #:18. The total construction cost incurred for the project is summarized as follows: Projected Actual Construction Contract $2,541,450.00 $2,541,450.00 Construction Contingency (actual ~3%)$ 508,290.00 $ 79,290.90 Total Construction Budget $3,049,740.00 $2,620,740.90 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 as complete.Upon acceptance,a Notice of Completion will be filed with the County of San Mateo Recorder’s office.At the end of the thirty-day lien period,the retention funds will be released to the contractor after the City receives one-year warranty bond. Attachments: 1.Project Location Map 2.Construction Photos 3.Presentation City of South San Francisco Printed on 5/4/2022Page 2 of 2 powered by Legistar™ CUESTA DRNORTHWOOD DRFOREST VIEW DRALTA M E S A D R ES C A N Y O D R SU N N Y S I D E D R HAZELWOOD DRSOUTHWOOD CEN TEREMERALD CTIRIS CT ASH AVECAM A R I T A S A V E 2020 Pavement Rehab Vicinity MapAttachment 1 2020 Pavement Rehabilitation Project (st2104) Attachment 2: Photos After Before 2020 Pavement Rehabilitation Project (st2104) Attachment 2: Photos After Before 2020 Pavement Rehabilitation Project (st2104) Attachment 2: Photos After Before 2020 PAVEMENT REHABILITATION PROJECT ACCEPTANCE OF THE CONSTRUCTION IMPROVEMENTS APRIL 27, 2022 Attachment 3 2020 Pavement Rehabilitation Project PROJECT OVERVIEW Street Segments 2 -Alta Mesa Drive -Ash Avenue -Camaritas Avenue -Cuesta Drive -Escanyo Drive -Hazelwood Drive -Northwood Drive -Southwood Center -Emeral Court, -Forestview Drive -Iris Court -Sunnyside Drive -Keats Ave -Ryan Way 2020 Pavement Rehabilitation Project 2020 Pavement Rehabilitation Project Emerald Dr and Sunnyside Dr –Hot Mix Asphalt Overlay 3 2020 Pavement Rehabilitation Project 2020 Pavement Rehabilitation Project Holly Ave and Sunnyside Dr –Hot Mix Asphalt Overlay / High Visibility Crosswalks 4 2020 Pavement Rehabilitation Project 2020 Pavement Rehabilitation Project Los Flores Ave and Camaritas Ave –Valley Gutter Repair / Hot Mix Asphalt Overlay 5 2020 Pavement Rehabilitation Project 2020 Pavement Rehabilitation Project Hazelwood Dr –ADA Compliant Ramps / Hot Mix Asphalt Overlay / High Visibility Markings 6 2020 Pavement Rehabilitation Project 2020 Pavement Rehabilitation Project CONSTRUCTION COST The total construction cost incurred for the project is summarized as follows: Project Budget Actual Costs Bay Cities Paving & Grading Inc –Construction Contract $2,541,450.00 $2,541,450.00 Construction Contingency (20%projected versus 3% actual)$508,290.00 $79,290.90 Total Construction Budget / Costs $3,049,740.00 $2,620,750.90 7 2020 Pavement Rehabilitation Project QUESTIONS? 8 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-27 Agenda Date:4/27/2022 Version:1 Item #:19. Report regarding a Resolution accepting $400,000 in grant funding from C/CAG’s Transportation Development Act (TDA)Article 3 Program and approving Budget Amendment 22.065 and awarding a construction contract to Ray’s Electric of Oakland,California in an amount not to exceed $897,985.90,authorizing a total construction contract authority budget of $1,077,583,and authorizing the City Manager to execute the agreement on behalf of the City for the Hillside Boulevard Road Diet Improvements Project (No.tr1906,Bid No. 2656).(Jeffrey Chou, Associate Civil Engineer) RECOMMENDATION Staff recommends that the City Council adopt a resolution accepting $400,000 in grant funding from C/CAG’s Transportation Development Act (TDA)Article 3 Program and approving Budget Amendment 22.065 and awarding a construction contract to Ray’s Electric of Oakland,California in an amount not to exceed $897,985.90,authorizing a total construction contract authority budget of $1,077,583,and authorizing the City Manager to execute the agreement on behalf of the City for the Hillside Boulevard Road Diet Improvements Project (No. tr1906, Bid No. 2656). BACKGROUND/DISCUSSION The Hillside Boulevard Road Diet Improvements Project (Project)is part of a larger effort undertaken by the City to improve pedestrian and bicycle accessibility and safety for neighborhoods within the project's vicinity. Along Hillside Boulevard between Lawndale Boulevard and Lincoln Street is currently an undivided four-lane roadway with unbuffered Class II bike lanes for both directions. The Project will: ·Calm the high traffic speeds along the corridor and improve traffic safety by reducing the roadway’s lane configuration to one lane in each direction ·Allow for safer left turns onto and out of un-signalized streets, local roads and driveways by installing a dedicated left-turn / refuge center lane ·Promote safer and more user-friendly access for bicyclist though this corridor by installing a separated Class II bike lane (where there’s a striping buffer between the bike lane and vehicle travel lane)along each direction.The separated Class II bike lane is also an identified improvement in the San Mateo County Comprehensive Bicycle & Pedestrian Plan. At Hillside Boulevard and Lincoln Street, there is an existing three-way stop. The Project will: ·Improve traffic circulation and congestion by replacing the three-way stop with new traffic signals that will communicate with other nearby traffic signals ·Promote pedestrian safety, preventing vehicles from “rolling" through the stop signs at this intersection ·Improve pedestrian safety and experience by installing curb extensions at the southwest and southeast corners with new ADA curb ramp;providing shorter crossing distances for pedestrians and better City of South San Francisco Printed on 5/4/2022Page 1 of 5 powered by Legistar™ File #:22-27 Agenda Date:4/27/2022 Version:1 Item #:19. visibility for pedestrians and vehicles at this intersection These improvements are identified and supported by a traffic volume and circulation study included in the Hillside Boulevard Traffic Study.The study concluded that the installation of a traffic signal at Lincoln Street combined with the reduction of Hillside to one lane in each direction between Lincoln Street and Lawndale Boulevard and the installation of the center left-turn lane is the best approach to improving bicycle and vehicle safety while maintaining operational efficiency. Following the analysis,a conceptual plan of the project was developed and presented to the Paradise Valley neighborhood east of the project limits at a neighborhood meeting on August 21,2019,where it received strong support from the community. The Project will also be constructed inside the Town of Colma’s and County of San Mateo’s right-of-way.Both agencies have reviewed and support the Project. Grant Funding from C/CAG’s Transportation Development Act (TDA) Article 3 Program In September 2021,the City/County Association of Governments of San Mateo County (C/CAG)invited eligible public agencies to submit project proposals to participate in the Transportation Development Act (TDA)Article 3 Program.The program is intended to fund eligible pedestrian and bicycle projects using TDA Article 3 funds, which are derived from Local Transportation funds and the State Transit Assistance fund. In November 2021,because of program eligibility and requirements,City staff nominated and submitted this project for consideration. C/CAG staff evaluated all applications against the evaluation criteria established in the program guidelines and on April 14, 2022, C/CAG board approved the City project for the full requested amount of $400,000. The program funds received will reduce the city funding requirement for construction of this Project. Overview of City’s Procurement Process The City’s procurement process is governed by both state and local law.State law requires contracts for construction to be competitively bid pursuant to a set of specific,established rules.In particular,the City is required to award construction contracts to the “lowest responsible bidder”after providing notice in accordance with law. (Pub. Contract Code §§ 20162, 20164.) However,in awarding contracts for the purchase of 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 if they are consistent with applicable state law.(Gov.Code §54202.)Chapter 4.04 of the Municipal Code and the City’s Purchasing Procedures (Administrative Instruction Section IV,No.1)govern the City’s purchasing policies and contract procurement processes. 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 City of South San Francisco Printed on 5/4/2022Page 2 of 5 powered by Legistar™ File #:22-27 Agenda Date:4/27/2022 Version:1 Item #:19. 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 requires 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. Federally Funded Procurements for Vendors (Supplies and Equipment) Contracts that receive federal funding are required to incorporate and comply with additional terms and conditions.The City’s Purchasing Procedures also provide guidance on procuring supplies and equipment contracts that are federally funded.Federally funded procurements also require a written procedure for conducting evaluations and for selecting recipients and awarding the contract to the responsible firm whose proposal is most advantageous to the City with price being only one factor.It is also important to note that federally funded procurements do not include state or local geographical preferences unless specifically authorized by federal law.Each evaluation is a non-discrimination and equal opportunity for all vendors. 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 project management,the Government Code also 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 City of South San Francisco Printed on 5/4/2022Page 3 of 5 powered by Legistar™ File #:22-27 Agenda Date:4/27/2022 Version:1 Item #:19. 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)). Current Project: Hillside Boulevard Road Diet Improvements Project, TR1906, Bid No. 2656. This project falls under Procurement Type 1: Competitive Bidding for Construction Projects. Staff advertised a notice inviting bids for the project on February 9,and February 15,2022.On March 8,2022, staff received three (3)bid proposals in response to the notice inviting bids.Staff reviewed all bid proposals and identified that the lowest responsible bidder was Ray’s Electric of Oakland,California.Staff has verified the low bidder’s current contractor’s license with the California State Licensing Board and found it to be in good standing. The following is a summary of all bids received: Rank Contractor "Base Bid" Schedule Results 1 Ray’s Electric of Oakland, CA $897,985.90 2 Golden Bay Construction, Inc. of Hayward, CA $1,100,114.75 3 CF Contracting, Inc. of San Francisco, CA $1,290,393.00 Engineers Estimate (by DKS Associates)$1,257,736.00 The project was advertised with a “Base Bid”schedule only.The selection of award of a contract is based on the lowest responsive bid for the Base Bid schedule. The project construction budget is: Ray’s Electric Construction Contract $897,985.90 Construction Contingency (20%)$179,597.10 Total Project Construction Budget $1,077,583.00 The construction contingency will be used for any additional costs related to design changes during the construction operations.There are no Disadvantaged Business Enterprise (DBE)requirements since no federal funds are being utilized on the project. FISCAL IMPACT This project (CIP No.tr1906)is included in the City of South San Francisco’s fiscal year 2021-2022 Capital Improvements Program.With the approval of the budget amendment and inclusion of the grant funding,there are sufficient funds in FY 2021-2022 to cover the total construction contract costs. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by maintaining and improving infrastructure to serve the public. City of South San Francisco Printed on 5/4/2022Page 4 of 5 powered by Legistar™ File #:22-27 Agenda Date:4/27/2022 Version:1 Item #:19. CONCLUSION Staff recommends that the City Council adopt a resolution accepting $400,000 in grant funding from C/CAG’s Transportation Development Act (TDA)Article 3 Program and approving Budget Amendment 22.065 and awarding a construction contract to Ray’s Electric of Oakland,California in an amount not to exceed $897,985.90,authorizing a total construction contract authority budget of $1,077,583,and authorizing the City Manager to execute the agreement on behalf of the City for the Hillside Boulevard Road Diet Improvements Project (No.tr1906,Bid No.2656).The project will calm the high traffic speeds along the corridor and provide safe bike and pedestrian connectivity between communities and schools/community center. Attachments: 1.Vicinity Map 2.Presentation City of South San Francisco Printed on 5/4/2022Page 5 of 5 powered by Legistar™ ATTACHMENT 1 - VICINITY MAP Hillside Blvd Road Diet Improvements Project April 27, 2022 Legend: Signalized Intersection Extent of Study Convert two lane traffic to one lane traffic, and add two way turning lane in center median 2 Buffered Bike Lane Two-Way Left Turn Lane Mills School City Park IMPROVEMENTS EASTBOUNDWESTBOUNDEXISTING PROPOSED 3 HILLSIDE BLVD ROAD DIET Extend Curb & Build New ADA Ramps Install Traffic Signals 4 HILLSIDE & LINCOLN INTERSECTION 5 CONTRACTOR BASE BID RANKING Engineer’s Estimate $1,257,736.00 X Ray’s Electric $897,985.90 1 Golden Bay Construction, Inc. $1,100,114.75 2 CF Contracting, Inc. $1,290,393.00 3 BID RESULTS 5 Competitive Bidding for Construction Projects Cost is generally the sole determining factor 6BUDGET AND SCHEDULE Construction Contract $897,985.90 Construction Contingency (20%)$179,597.10 Total Project Construction Budget*$1,077,583.00 Contract Award Contract Executed NTP & Construction Start (Approx. Summer 2022) Construction Complete (Approx. Spring 2023) *$400,000 TDA Article 3 Program Grant Funds 6 7 OUTREACH & SUPPORT MAR 20210202 Notification Mailers Summer 20220303 Contractor Advance Notification Spring 20230404 Construction Complete AUG 20190101 Neighborhood Meeting LETTERS OF SUPPORT County of San Mateo (Partner) Town of Colma (Partner) Former C/CAG Executive Director SSF Bicycle and Pedestrian Advisory Committee SSF Unified School District California 22nd Assembly District Member Thank you! 8 Legend: Signalized Intersection 8 Buffered Bike Lane Two-Way Left Turn Lane City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:22-28 Agenda Date:4/27/2022 Version:1 Item #:19a. Resolution accepting $400,000 in grant funding from C/CAG’s Transportation Development Act (TDA)Article 3 Program and approving Budget Amendment 22.065 and awarding a construction contract to Ray’s Electric of Oakland,California in an amount not to exceed $897,985.90,authorizing a total construction contract authority budget of $1,077,583 and authorizing the City Manager to execute the agreement on behalf of the City for the Hillside Boulevard Road Diet Improvements Project (No. tr1906, Bid No. 2656). WHEREAS,the Hillside Boulevard Road Diet Improvements Project (“Project”)will calm the high traffic speeds along the corridor,provide safe bike and pedestrian connectivity between communities and schools/community center; and WHEREAS,in November 2021,City staff submitted a grant application to the City/County Association of Governments of San Mateo County (C/CAG)to participate in the Transportation Development Act (TDA) Article 3 Program for construction funding towards the Project; and WHEREAS,the grant application was reviewed and approved by C/CAG board on April 14,2022 and the City of South San Francisco was awarded a grant for $400,000 for the Project; and WHEREAS, the grant funding will be used to augment the funding needs for construction of the Project; and WHEREAS,staff recommends acceptance of a grant in the amount of $400,000 for construction from the C/CAG’s TDA Article 3 Program; and WHEREAS,the City issued a notice inviting bids for the project on February 9,and February 15,2022,and on March 8, 2022 received three (3) bid proposals in response; and WHEREAS,Ray’s Electric of Oakland,California was the lowest responsible bidder and provided competitive unit prices; and WHEREAS,staff recommends awarding the construction contract to Ray’s Electric of Oakland,California in an amount not to exceed $897,985.90, which is the total for the base bid; and WHEREAS,staff also requests the City Council to authorize a construction contract authority budget of $897,985.90,with additional $179,597.10 contingency,totaling a construction budget of $1,077,583 for the Project; and City of South San Francisco Printed on 5/4/2022Page 1 of 2 powered by Legistar™ File #:22-28 Agenda Date:4/27/2022 Version:1 Item #:19a. WHEREAS,the Project is included in the City of South San Francisco’s fiscal year 2021-22 Capital Improvement Program (Project No.TR1906)with sufficient funds in FY 2021-2022 to cover the initial construction costs through the end of the current fiscal year; and NOW,THEREFORE,BE IT RESOLVED,that the City Council of South San Francisco hereby takes the following actions: 1.Accepts the $400,000 in grant funding from C/CAG’s TDA Article 3 Program and approves Budget Amendment 22.065. 2.Awards a construction contract,a draft of which is attached hereto and incorporated herein as Exhibit A, for the Hillside Boulevard Road Diet Improvements Project to Ray’s Electric of Oakland,California,in an amount not to exceed $897,985.90 conditioned on Ray’s Electric’s timely execution of the Project contract and submission of all required documents,including but not limited to,certificates of insurance and endorsement, in accordance with the Project documents. BE IT FURTHER RESOLVED that the City Council authorizes a total construction contract authority budget of $1,077,583 and authorizes the City Manager to utilize any unspent amount of the total Project budget,if necessary, towards additional construction contingency budget. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the construction contract in substantially the same form as Exhibit A and any other related documents on behalf of the City upon timely submission by Ray’s Electric of the signed contract and all other documents,subject to approval by the City Attorney. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the staff report or the resolution. ***** City of South San Francisco Printed on 5/4/2022Page 2 of 2 powered by Legistar™ EXHIBIT A – DRAFT AGREEMENT FOR PUBLIC IMPROVEMENTS Page A-1 of 12 AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this ____, day of ______, _____, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and RAY’S ELECTRIC, hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on ____________, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: 1. Scope of Work. Contractor shall perform the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the HILLSIDE BOULEVARD ROAD DIET IMPROVEMENTS PROJECT; PROJECT NO.TR1906; BID NO. 2656; in accordance with the Contract Documents. Also included are any such other items or details not mentioned above that are required by the Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as specified herein and as directed by the Engineer. The aforementioned improvements are further described in the "Contract Documents" hereinafter referred to. 2. The Contract Documents. The complete Contract consists of the following documents: (A) Notice Inviting Bids (B) Part I – Submitted Proposal (as accepted) (C) This Agreement, including Contractor’s Payment Bond, Faithful Performance Bond and Guaranty Bond. (D) Part II – General Conditions 1.1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and business or social invitees. Page A-2 of 9 (E) Part III – Special Provisions: Special Conditions and Technical Specifications, including State Standard Specifications dated 2018, sections 10-99, as revised in Revised Standard Specifications (RSS) dated April 16, 2021 (F) Part IV – Project Plans, approved February 4, 2022 (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 16, 2021. 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: HILLSIDE BOULEVARD ROAD DIET IMPROVEMENTS PROJECT PROJECT NO.TR1906; BID NO. 2656 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 NINETY-SEVEN THOUSAND NINE HUNDRED EIGHT FIVE DOLLARS AND NINEY CENTS ($897,985.90). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. 5. Rights of City to Increase Working Days. If such Work is not completed within the time specified, the Engineer shall have the right to increase the number of working days in the amount it may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer. Page A-3 of 9 6. Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 7. Termination of Contract for Convenience. The City also reserves the right to terminate the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that termination of the contract is in the best interest of the City. If the City elects to terminate the contract for convenience, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following: (A) The City will issue the Contractor a written notice signed by the Engineer, specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII-17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: (1) Stop all work under the contract except that specifically directed to be completed prior to acceptance. (2) Perform work the Engineer deems necessary to secure the project for termination. (3) Remove equipment and plant from the site of the Work. (4) Take such action as is necessary to protect materials from damage. (5) Notify all subcontractors and suppliers that the contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. Page A-4 of 9 (6) Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and with bills of sale or other documents of title for such materials. (8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title, and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the contract, including, on projects as to which Federal and State funds are involved, all documentation required under the Federal and State requirements included in the contract. (10) Take such other actions as the Engineer may direct. (B) Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows: (1) The Contractor’s responsibility for damage to materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. (2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Contractor will recommend that the Engineer formally accept the contract to the extent performed, and immediately upon and after such acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Engineer. (C) Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed. (D) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: Page A-5 of 9 (1) The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed. (2) A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed four (4) percent of said cost. (3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City, or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the contract. (5) A reasonable credit to the City for defective or incomplete work not corrected. All records of the Contractor and subcontractors necessary to determine compensation in accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. Page A-6 of 9 8. Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) working days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) working days after notice to the City of such election, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” 9. Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (A) The City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15, “Insurance” hereof. (B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 10. Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (A) Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". Page A-7 of 9 (B) Comprehensive General Liability Insurance. Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): (1) Bodily Injury Liability: $ 500,000 each person $1,000,000 each occurrence (2) Property Damage Liability [includes XCU (explosion, collapse, and underground damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence (C) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired vehicles): (1) Bodily Injury Liability: $ 500,000 per person $1,000,000 each occurrence (2) Property Damage Liability: $ 500,000 each occurrence (D) It is agreed that the insurance required by Subsections B and C, in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. 11. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and Page A-8 of 9 that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self- insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. 12. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 13. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk City Hall, 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to Contractor shall be addressed as follows: _________________________________________________________________________ _________________________________________________________________________ Notices required to be given sureties of Contractor shall be addressed as follows: _________________________________________________________________________ Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows: _________________________________________________________________________ 14. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural, and vice versa. IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of nine (9) pages (being pages A-1 through A 9), each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. Page A-9 of 9 CITY: City of South San Francisco,CONTRACTOR:_Ray’s Electric________ a municipal corporation __________________________________ By: _____________________________ By:_______________________________ Mike Futrell, City Manager (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). APPROVED AS TO FORM: _______________________________ City Attorney ATTEST: _______________________________ City Clerk Page A-1 of 9 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" or “Owner,” and ____________________________________,whose address is ___________________________________________________________, hereinafter called “Contractor” and ______________________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, Page A-2 of 9 the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature __________________________________ __________________________________ Address Address On behalf of Escrow Agent: __________________________________ Title __________________________________ Name __________________________________ Signature __________________________________ Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Page A-3 of 9 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature Approved as to form: Attest: _____________________________________ __________________________________ City Attorney Date City Clerk