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HomeMy WebLinkAbout08.14.2024@630 Regular CCWednesday, August 14, 2024 6:30 PM City of South San Francisco P.O. Box 711 South San Francisco, CA Library Parks & Recreation Building, Council Chambers 901 Civic Campus Way, South San Francisco, CA City Council JAMES COLEMAN, Mayor (District 4) EDDIE FLORES, Vice Mayor (District 5) MARK ADDIEGO, Councilmember (District 1) MARK NAGALES, Councilmember (District 2) BUENAFLOR NICOLAS, Councilmember (District 3) ROSA GOVEA ACOSTA, City Clerk FRANK RISSO, City Treasurer SHARON RANALS, City Manager SKY WOODRUFF, City Attorney Regular Meeting Agenda 1 August 14, 2024City Council Regular Meeting Agenda How to observe the Meeting (no public comment, including via Zoom): 1) Local cable channel: Astound, Channel 26, Comcast, Channel 27, or AT&T, Channel 99 2) https://www.ssf.net/Government/Video-Streaming-City-and-Council-Meetings/City-Council 3) https://www.youtube.com/@CityofSouthSanFrancisco/streams 4) Zoom meeting (streaming only): https://ssf-net.zoom.us/j/88636346631 Webinar ID: 886 3634 6631 Join by Telephone: +1 669 900 6833 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 4:30 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: COMMENTS ARE LIMITED TO THREE (3) MINUTES PER SPEAKER During a meeting, comments can only be made in person: Complete a Digital Speaker Card located at the entrance to the Council Chambers. 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. 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. Page 2 City of South San Francisco Printed on 8/15/2024 2 August 14, 2024City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PRESENTATIONS Proclamation recognizing August 14, 2024, as Amgen Day in South San Francisco. (James Coleman, Mayor) 1. Presentation from Peninsula Clean Energy. (Shawn Marshall, Chief Executive Officer)2. COUNCIL COMMENTS/REQUESTS PUBLIC COMMENTS Under the Public Comment section of the agenda, members of the public may speak on any item not listed on the Agenda and on items listed under the Consent Calendar. Individuals may not share or offer time to another speaker. Pursuant to provisions of the Brown Act, no action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The City Council may direct staff to investigate and/or schedule certain matters for consideration at a future Council meeting . Written comments on agenda items received prior to 4:30 p.m. on the day of the meeting will be included as part of the meeting record but will not be read aloud. 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. CONSENT CALENDAR Matters under the Consent Calendar are considered to be routine and noncontroversial. These items will be enacted by one motion and without discussion. If, however, any Council member (s) wishes to comment on an item, they may do so before action is taken on the Consent Calendar. Following comments, if a Council member wishes to discuss an item, it will be removed from the Consent Calendar and taken up in order after adoption of the Consent Calendar. Motion to approve the Minutes for July 24, 2024. (Rosa Govea Acosta, City Clerk)3. Page 3 City of South San Francisco Printed on 8/15/2024 3 August 14, 2024City Council Regular Meeting Agenda Report regarding a resolution approving the acceptance of grant funds from the Kaiser Permanente Northern California Community Health Grant in the amount of $25,000 and amending the Parks and Recreation Department Fiscal Year 2024-25 Operating Budget pursuant to Budget Amendment Number 25.006. (Angela Duldulao, Parks and Recreation Deputy Director) 4. Resolution approving the acceptance of grant funds from the Kaiser Permanente Northern California Community Health Grant in the amount of $25,000 and amending the Parks and Recreation Department Fiscal Year 2024-25 Operating Budget pursuant to Budget Amendment Number 25.006. 4a. Report regarding a resolution approving a Second Amendment to a Professional Services Agreement with Precision Concrete Cutting for a citywide Infrastructure assessment and inventory and increase the amount by $250,000 for a total not to exceed amount of $513,277, and authorizing the City Manager to execute the Second Amendment.. (Alex Henry, Public Works Program Manager) 5. Resolution approving a Second Amendment to a Professional Services Agreement with Precision Concrete Cutting for a citywide Infrastructure assessment and inventory and increase the amount by $250,000 for a total not to exceed amount of $513,277, and authorizing the City Manager to execute the Second Amendment. 5a. Report regarding a resolution authorizing the City Manager to execute a Memorandum of Understanding with the National League of Cities for an Advancing Economic Mobility grant and approving Budget Amendment #25.010 appropriating $20,000 in grant funds. (Michael Guss, Economic Development Specialist) 6. Resolution authorizing the City Manager to execute a Memorandum of Understanding with the National League of Cities for acceptance of funding from the Advancing Economic Mobility Grant Program and appropriating $20,000 in grant funds under Budget Amendment #25.010. 6a. Report regarding adoption of an ordinance adding Chapter 10.80 to the South San Francisco Municipal Code prohibiting any person in control of a multi-unit building from preventing a candidate or representative from lawfully campaigning door-to-door. (Sky Woodruff, City Attorney) 7. Ordinance adding Chapter 10.80 of the South San Francisco Municipal Code prohibiting any person in control of a multi-unit building from preventing a candidate or representative from lawfully campaigning door-to-door. 7a. Page 4 City of South San Francisco Printed on 8/15/2024 4 August 14, 2024City Council Regular Meeting Agenda ADMINISTRATIVE BUSINESS Presentation regarding update on the City of South San Francisco’s investment portfolio (Frank Risso, Treasurer, Karen Chang, Director of Finance, Carlos Oblites, Chandler Asset Management) 8. Discussion regarding an update of the Junipero Serra Boulevard and I-280 Westborough Boulevard Pedestrian and Bicycle Connectivity and Safety Project Feasibility Study (st2301). (Lawrence Henriquez, Senior Civil Engineer) 9. Report regarding three separate resolutions authorizing the submittal of three grant applications to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and Bicycle Program Funding and similar grant applications requiring no more than a total of $500,000 in local match funds. (John Wilson, Associate Civil Engineer) 10. Resolution supporting the Alta Loma Middle and Buri Buri Elementary Schools Ped and Bike Improvements Project and submitting an application to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and Bicycle Program Funding and similar grant applications requiring no more than a total of $200,000 in local match funds. 10a. Resolution supporting the Parkway Heights Middle School Ped and Bike Improvements Project and authorizing submittal of an application to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and bicycle Program Funding and similar grant applications requiring no more than a total of $200,000 in local match funds. 10b. Resolution supporting the Ponderosa Elementary School Ped and Bike Improvements Project and authorizing submittal of an application to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and bicycle Program Funding and similar grant applications requiring no more than a total of $100,000 in local match funds. 10c. Report regarding a resolution authorizing the City Manager to execute a Consulting Services Agreement with Presidio Systems, Inc. of Livermore, California, for $2,389,985.80, and authorizing a total contract budget of $2,760,000.00 for the Condition Assessment of the Sanitary Sewer System (Project No. ss2001). (Jeffrey Chou, Senior Civil Engineer) 11. Resolution authorizing the City Manager to execute a Consulting Services Agreement with Presidio Systems, Inc. of Livermore, California for $2,389,985.80, and authorizing a total contract budget of $2,760,000.00 for the Condition Assessment of the Sanitary Sewer System (Project No. ss2001). 11a. Page 5 City of South San Francisco Printed on 8/15/2024 5 August 14, 2024City Council Regular Meeting Agenda Report regarding a resolution approving the execution of grant funds from the Ocean Protection Council (OPC) under the Safe Drinking Water, Water Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84), Proposition 68, Environmental License Plate Funds, Once Through Cooling Or General Funds, and approving Budget Amendment #25.011. (Audriana Hossfeld, Senior Civil Engineer) 12. Resolution by City of South San Francisco approving the execution of grant funds from the Ocean Protection Council (OPC) under the Safe Drinking Water, Water Quality And Supply, Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84), Proposition 68, Environmental License Plate Funds, Once Through Cooling Or General Funds, and approving Budget Amendment #25.011. 12a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS Certificate of Recognition for the Italian American Citizens Club presented on August 2, 2024. (James Coleman, Mayor) 13. Certificate of Recognition for the Pistahan Parade Committee presented on August 10, 2024. (James Coleman, Mayor) 14. Recognition of the National League of Cities on Its Historic 100th Anniversary and Road Show: 100 Years, 100 Cities presented on August 3, 2024. (James Coleman, Mayor) 15. CLOSED SESSION Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Property: 400 Miller Avenue (APN 012-303-110) City Negotiators: Nell Selander, Economic and Community Development Director, and Sky Woodruff, City Attorney Negotiating Party: Nisar M Shaikh Trust Under Negotiations: Price and terms 16. ADJOURNMENT Page 6 City of South San Francisco Printed on 8/15/2024 6 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-795 Agenda Date:8/14/2024 Version:1 Item #:1. Proclamation recognizing August 14, 2024, as Amgen Day in South San Francisco.(James Coleman, Mayor) City of South San Francisco Printed on 8/13/2024Page 1 of 1 powered by Legistar™7 Dated: August 14, 2024 RECOGNIZING AUGUST 14, 2024, AS AMGEN DAY IN SOUTH SAN FRANCISCO WHEREAS, Amgen has been a vital part of the South San Francisco community for 20 years, serving as a responsible corporate citizen and making significant contributions to the local economy and scientific innovation; and WHEREAS, Amgen's South San Francisco site is Amgen’s second largest research and development site in the United States, currently employing approximately 600 staff members dedicated to discovering, developing, and delivering innovative human therapeutics; and WHEREAS, Amgen and the Amgen Foundation have demonstrated an unwavering commitment to advancing science education and fostering the next generation of scientists and physicians through initiatives such as free community programming at the South San Francisco Civic Center and Library; and WHEREAS, Amgen staff are active volunteers in the local community, generously donating their time and resources to numerous nonprofit organizations and causes that benefit South San Francisco residents; and WHEREAS, Amgen's presence has helped establish South San Francisco as the "Birthplace of Biotechnology" and a global hub for groundbreaking research and development that improves human health. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of South San Francisco do hereby proclaim August 14, 2024, to be Amgen Day and commend Amgen for its 20 years as an outstanding community partner, applaud its commitments to scientific excellence, education, and volunteerism, and extend sincere congratulations and best wishes for continued success in the years ahead. ________________________________ James Coleman, Mayor ________________________________ Eddie Flores, Vice Mayor ________________________________ Mark Addiego, Councilmember ________________________________ Mark Nagales, Councilmember ________________________________ Buenaflor Nicolas, Councilmember 8 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-281 Agenda Date:8/14/2024 Version:1 Item #:2. Presentation from Peninsula Clean Energy.(Shawn Marshall, Chief Executive Officer) City of South San Francisco Printed on 8/13/2024Page 1 of 1 powered by Legistar™9 South San Francisco Council Briefing August 14, 2024 Shawn Marshall Chief Executive Officer 10 11 Putting our Customers First 12 How it works 13 Peninsula Clean Energy Supporting energy affordability •Our customers have saved $144M on electricity since 2016 •This year, the Board amended PCE's rate design to reflect cost of service with goal of ongoing affordability for our customers 5 14 Emissions factor: (lbs CO2e/MWh) Committed to decarbonizing our supply 15 Supporting home electrification •PCE's 0% loan provides $10k towards home electrification •Easy application and monthly repayment on utility bill •Over 600 loans issued since 2023 •Customer rebates: 3000+appliances installed since 2021 (5x increase!) •One-stop-shop electrification concierge services upcoming Robert and Teri Whitehair 2023 All-Electric Leaders 16 Margarita Mendez Program participant Accelerating the transition to electric transportation •Over 1,000 electric vehicle (EV) chargers installed in our service territory since 2021;4,500 more in pipeline •650 customer rebates issued for used EVs since 2021 •Over 975 e-bike rebates since 2021 17 Partnering with our member agencies •County-wide Climate Action Plan funding •GovEV: EV fleet support to meet CARB clean fleet standards + EV charging infrastructure •GovPV: o Round 1: 12 projects o Round 2: 30-40 projects with 6MWh battery •GovBE: Local Govt Electrification Program •New This Year - Member Agency Energy Grants 18 South San Francisco Highlights •24,823 active PCE accounts; 96% participation rate •$17.9M saved by South City customers since 2016 •29 EV chargers installed with 467 in pipeline •$1.3M available through member agency energy grant program, will fund LED streetlights •10 Youth Climate Ambassadors from South City •Mayor James Coleman and Councilmember Flor Nicolas represent South San Francisco on the PCE Board of Directors Learn more: PenCleanEnergy.com/community/south-san- francisco Tabling at South San Francisco Earth Day Event 19 New developments in 2024 20 New developments in 2024 •Enhanced programs and services to make electrification easier and more affordable •Incremental approach to 100% renewable energy by 2030 in order to keep customer rates low •Service to San Mateo County Community College District began in July 2024 •Caltrain electrification transition in September •Currently Updating our Strategic Plan •Upcoming: In house customer care center and electrification concierge services •Customer-centric approach to everything we do! 21 From our team to yours: Thank you! 22 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-794 Agenda Date:8/14/2024 Version:1 Item #:3. Motion to approve the Minutes for July 24, 2024. (Rosa Govea Acosta, City Clerk) City of South San Francisco Printed on 8/13/2024Page 1 of 1 powered by Legistar™23 CALL TO ORDER Mayor Coleman called the meeting to order at 6:31 p.m. ROLL CALL Councilmember Addiego, present Councilmember Nagales, present Councilmember Nicolas, present Vice Mayor Flores, present Mayor Coleman, present PLEDGE OF ALLEGIANCE Assistant City Manager Lee led the pledge. AGENDA REVIEW No changes. ANNOUNCEMENTS FROM STAFF • City Manager Intern Ryan Gunawan invited the community to attend the following City events: Samoan Flag Raising on Tuesday, July 30, 2024, 10:00 a.m. at City Hall; Backpack Giveaway on Saturday, August 3, 2024, 10:00 a.m. at City Hall; National Night Out Events on August 6, 2024; Pistahan Parade on Saturday, August 10, 2024, 10:00 a.m. on Market Street in San Francisco; and invited all to visit City social media channels ran by the summer interns for the last week of the internship program. • Economic and Community Development Management Analys Donner invited all to attend the first of the four-part Biotech Speaker Series on Friday, July 26, 2024, 7:00 p.m. at the Council Chambers. • Information Technology Director Barrera announced the new website is now live and presented its new features. MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, JULY 24, 2024 6:30 p.m. Library Parks and Recreation Building Council Chambers 901 Civic Campus Way, South San Francisco, CA 24 REGULAR CITY COUNCIL MEETING JULY 24, 2024 MINUTES PAGE 2 PRESENTATIONS 1. Proclamation honoring Fire Chief Jess Magallanes on his retirement. (James Coleman, Mayor) Councilmember Nagales acknowledged Chief Magallanes’ years of service, read the proclamation into the record, and presented the proclamation to him. Chief Magallanes thanked the Council, the City of South San Francisco, staff members, and his family, for all of their support. 2. Certificate honoring Jackie Belli for Best of Show quilt at the 2024 San Mateo County Fair. (James Coleman, Mayor) Mayor Coleman presented a certificate of recognition to South San Francisco resident Jackie Belli. Jackie expressed her appreciation for the recognition and thanked the Council. 3. Proclamation celebrating Samoan Heritage Week, July 28 through August 3, 2024. (James Coleman, Mayor) Councilmember Nicolas recognized July 28 – August 3, 2024, as Samoan Heritage Week and presented a proclamation to Reno Anoai. He accepted the proclamation, thanked the Council for their recognition, and invited members and supporters to address the Council. 4. Proclamation honoring July as Disability Pride Month. (James Coleman, Mayor) Mayor Coleman read the proclamation into the record and presented a proclamation to both South San Francisco resident, Chef Ava Romero, and Board President of the Center for Independence of Individuals with Disabilities, Ligia Andrade Zuniga. They each thanked the Council for their support and acknowledgment. 5. Presentation on the status and benefits of the 2023/2024 Street Surface Seal project. (Angel Torres, Senior Civil Engineer) Senior Civil Engineer Torres presented a status update the 2023/2024 Street Surface Seal project. COUNCIL COMMENTS/REQUESTS Councilmember Nagales thanked staff for their assistance in addressing resident concerns. He invited the community to attend National Night Out on August 6, 2024, 6:00 p.m. at Westborough Park. He inquired about the process regarding the application for the In-N-Out project. Economic and Community Development Director Selander provided an update on the current application status and process. He requested the meeting be adjourned in memory of Richard Bordi, father of Marie Patea, Executive Assistant to the City Manager. Councilmember Nicolas informed the community she attended the Community Emergency Response Team (CERT) graduation and thanked the Fire Department for their support. She invited all to attend Nation Night Out at Elks Lodge, August 6, 2024, at 5:00 p.m. She joined in adjourning the meeting in memory of Richard Bordi and requested the meeting also be adjourned in memory of Salvo Simon, William Bosque Jr., Donna Faria, Chet Socco, Daniele “Dan” Bartoli, Emma Ocampo, Corazon Dandan, and Artemio Oliva. 25 REGULAR CITY COUNCIL MEETING JULY 24, 2024 MINUTES PAGE 3 Councilmember Addiego acknowledged the many contributions that Richard Bordi left as former Deputy Director of the Maintenance Facility. He shared that he attended a 4th of July Parade in Sonoma and suggested celebrating the 250th birthday of America on July 4, 2026, to include the community and create a commendable event. He shared he will be hosting National Night Out on Tuesday, August 6, 2024, at the LPR and invited the community. Vice Mayor Flores apprised the community of the events he attended and thanked Police Chief Campbell for his support in exploring a Family Justice Center in partnership with San Mateo County. He requested an update on the downtown garbage bins. Public Works Director Kim provided an update and informed the public of 20 Big Belly trash cans installations that combine the use of trash and recycling. Vice Mayor Flores announced a free Backpack Giveaway on August 3, 2024, 11:00 a.m. at the City Hall parking lot. He requested the meeting be adjourned in memory of community member, Maria Esther Benitez. Mayor Coleman thanked staff for their work in launching the new City website and shared that he has heard great feedback. He requested that staff review and address traffic with the potential In-N-Out site as concerns have been expressed along with excitement. Lastly, he welcomed Curry Pizza House to the community. Meeting recessed at 7:33 p.m. Meeting resumed at 7:38 p.m. PUBLIC COMMENTS – NON-AGENDA ITEMS The following individuals addressed the City Council: • Billy Lock • Peggy Deras • Anna Kramer • Cynthia Marcopulos • Cory David • Barbara Erhard • Charlene Rouspil • Darlene Marsh • Olga P • Annie Lo CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which the Council voted and engaged in discussion of specific items as follows. Item No. 13 was pulled by Councilmember Addiego for further discussion. 6. Motion to approve the Minutes for June 26, 2024. (Rosa Govea Acosta, City Clerk) 7. Motion to accept the construction improvements of the HSIP Curb Ramp Improvements Project (tr2202) as complete in accordance with plans and specifications (Total Construction Cost $696,574.53). (Audriana Hossfeld, Senior Civil Engineer) 8. Report regarding Resolution No. 112-2024 authorizing the City Manager to execute a Consulting Services Agreement with Aliquot Associates, Inc. of Walnut Creek, California for $301,148, and authorizing a total design budget of $346,320 for the Complete Streets Improvements Project (Project No. st2401). (Audriana Hossfeld, Senior Civil Engineer) 26 REGULAR CITY COUNCIL MEETING JULY 24, 2024 MINUTES PAGE 4 9. Report regarding Resolution No. 113-2024 authorizing the acceptance of a $5,000 donation from Amgen, a $2,500 donation from Kaiser Permanente, and a $1,000 donation from Peninsula Clean Energy for the South City Pride celebration on June 1, 2024, amending the City Manager’s Office’s Fiscal Year 2023-24 Operating Budget and approving Budget Amendment Number 24.056. (Devin Stenhouse, DEI Officer) 10. Report regarding Resolution No. 114-2024 accepting $60,000 from the Department of Alcoholic Beverage Control (ABC) in grant funding made available through the Alcohol Policing Partnership (APP) administered by the ABC, to be used for personnel overtime, equipment, travel, and training expenses and amend the Police Department’s Operating Budget for Fiscal Year 2024-25 by approving Budget Amendment Number 25.008. (Scott Campbell, Chief of Police) 11. Report regarding Resolution No. 115-2024 accepting $4,474.09 from the South San Francisco Friends of the Library to support Library programs and services, amending the Library Department’s Fiscal Year 2024-25 Operating Budget and approving Budget Amendment Number 25.009. (Valerie Sommer, Library Director) 12. Report regarding Resolution No. 116-2024 authorizing the acceptance of $47,603 from the California State Library to support the Gene Mullin Community Learning Center’s federal Library Services Technology Act Teens Succeed project, amending the Library Department’s Fiscal Year 2024 -25 Operating Budget, and approving Budget Amendment Number 25.007. (Valerie Sommer, Library Director) 13. Report regarding Resolution No. 117-2024 approving a First Amendment to the Lease Agreement for use of the Economic Advancement Center located at 366 Grand Avenue in South San Francisco. (Ernesto Lucero, Economic Development Manager) 14. Report regarding Resolution No. 118-2024 of the City Council of the City of South San Francisco authorizing the acceptance of an Infill Infrastructure Grant Program of 2019 Program Award in an amount not to exceed $28,817,500 for the SSF PUC Housing Project. (Nell Selander, Economic & Community Development Director) 15. Report regarding Resolution No. 119-2024 and Resolution No. 120-2024 approving amendments to the Consulting Services Agreements with Michael Baker International for administrative support for the City’s for-sale below market rate housing program and Community Development Block Grant program. (Elia Moreno, Housing Management Analyst 1 and Alvina Condon, Housing Management Analyst II) Item No. 13: Economic and Community Development Manager Lucero indicated that the current lease would expire at the end of October, and the amended lease would extend for six additional months. Councilmember Addiego inquired about funding for the initial lease and funds contributing to the extension. Economic Development Manager Lucero indicated there would be no additional impact on the general funds. The Council expressed concern regarding the facility's operational costs as they do not represent South San Francisco residents. In response, they suggested exploring other vacant facilities as a proactive measure to find cost-effective solutions. 27 REGULAR CITY COUNCIL MEETING JULY 24, 2024 MINUTES PAGE 5 Motion – Councilmember Addiego /Second – Councilmember Nagales: To approve Consent Calendar 6-15, by roll call vote: AYES: Councilmember Addiego, Nagales, Nicolas, Vice Mayor Flores, and Mayor Coleman; NAYS: None; ABSENT: None; ABSTAIN: None ADMINISTRATIVE BUSINESS 16. Consideration of Placing a Measure on the November 5, 2024, General Municipal Election Ballot updating the Business License Tax. (Karen Chang, Finance Director and Greg Henry, Financial Services Manager) City Manager Ranals provided an overview of the proposed initiative and highlighted its attempt to generate additional revenue or reduce services in the future. She thanked staff for their efforts in bringing forward the item. Finance Director Chang presented the report and requested feedback from the Council. The following individuals addressed the City Council: • Justin Fang • Aracely Campa – California Life Science • Leslie Fong • Keliana • Julio Garcia • Linda Vera • BJ Patel • Stephanie • Amber • Russ • Mary Prem - SSF Chamber of Commerce Written Comments Submitted via eComments and email communication: • Jackeline Rodriguez (eComments) • Tyler Morgan (eComments) • Four anonymous (eComments) • SAMCEDA (email communication) • California Life Sciences (email communication) • South San Francisco Chamber of Commerce (email communication) The Council engaged in questions and discussions and directed staff to proceed with option one as presented with no cap and the ability for implementation to adjust or remove the cap in the future. Motion – Councilmember Nicolas /Second – Councilmember Nagales: To approve Resolution No. 121-2024 as amended, by roll call vote: AYES: Councilmember Addiego, Nagales, Nicolas, Vice Mayor Flores, and Mayor Coleman; NAYS: None; ABSENT: None; ABSTAIN: None Meeting recessed at 9:45 p.m. Meeting resumed at 9:57 p.m. 17. Report regarding consideration of an updated Memorandum of Understanding, Version 16 between the City of South San Francisco and the South San Francisco Unified School District and adoption of Resolution No. 122 authorizing the City Manager to execute the agreement 28 REGULAR CITY COUNCIL MEETING JULY 24, 2024 MINUTES PAGE 6 and to receive an annual report on the status of the Memorandum of Understanding, Version 16. (Scott Campbell, Chief of Police) Police Chief Campbell presented the report and an overview of the amendments to the Memorandum of Understanding. The Council thanked him for his efforts and suggested partnering with the district to increase the number of survey respondents. Motion – Councilmember Nicolas /Second – Vice Mayor Flores: To approve Resolution No. 122- 2024 authorizing the City Manager to execute the agreement and to receive an annual report on the status of the Memorandum of Understanding, Version 16, by roll call vote: AYES: Councilmember Addiego, Nagales, Nicolas, Vice Mayor Flores, and Mayor Coleman; NAYS: None; ABSENT: None; ABSTAIN: None 18. Report regarding introduction of an ordinance adding Chapter 10.78 to the South San Francisco Municipal Code regulating signs on motor vehicles parked, left standing, or operated on city streets or public lands. (Sky Woodruff, City Attorney, and Ali Wolf, Assistant City Attorney) Assistant City Attorney Wolf provided an overview of the proposed ordinance. The Council engaged in questions and discussions surrounding the ordinance's forthcoming implementation, considering the timing of the upcoming election and enforcement. The Council decided to table the item. The item will be brought back to the Council at a future meeting. The following individual addressed the City Council: • Concerned Citizen 19. Report regarding introduction of an ordinance adding Chapter 10.80 to the South San Francisco Municipal Code prohibiting any person in control of a multi-unit building from preventing a candidate or representative from lawfully campaigning door-to-door. (Sky Woodruff, City Attorney and Ali Wolf, Assistant City Attorney) Assistant City Attorney Wolf presented the report and provided an overview of the proposed ordinance. Councilmember Nagales stated he requested this item to be brought to the Council so that candidates can engage with the voters and noted the timing of the request. The Council engaged in questions and discussion with responses provided by Assistant City Attorney Wolf. Motion – Councilmember Nagales /Second – Councilmember Addiego: To introduction an ordinance adding Chapter 10.80 to the South San Francisco Municipal Code prohibiting any person in control of a multi-unit building from preventing a candidate or representative from lawfully campaigning door-to-door, by roll call vote: AYES: Councilmember Addiego, Nagales, Nicolas, and Vice Mayor Flores, and Mayor Coleman; NAYS: None; ABSENT: None; ABSTAIN: None; ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS 20. Council discussion about City Selection Committee appointment on Friday, July 26, 2024, for San Mateo County Transportation Authority (SMCTA) vacant seat and alternate to the City Selection Committee. (James Coleman, Mayor) 29 REGULAR CITY COUNCIL MEETING JULY 24, 2024 MINUTES PAGE 7 The Council expressed support and directed Mayor Coleman to vote to appoint Mayor Anders Fung of the City of Millbrae. 21. City Council to confirm by motion the appointment of Councilmember Mark Addiego to the Colma Creek Citizens Advisory Committee for a term to expire March 31, 2026. (Sharon Ranals, City Manager) Motion – Councilmember Nicolas /Second – Vice Mayor Flores: To approve by motion, the appointment of Councilmember Mark Addiego to Colma Creek Citizens Advisory Committee for a term to expire March 31, 2026, by roll call vote: AYES: Councilmember Addiego, Nagales, Nicolas, and Vice Mayor Flores, and Mayor Coleman; NAYS: None; ABSENT: None; ABSTAIN: None. CLOSED SESSION Entered into Closed Session: 11:00 p.m. 22. Conference with real property negotiators Gov. Code § 54956.8 Property: 71 Camaritas Avenue Agency negotiator: Nell Selander, Economic and Community Development Director; Ernesto Lucero, Economic Development Manager; Katie Donner, Management Analyst; Sky Woodruff, City Attorney Negotiating Parties: Ludy & Manny Noguera, The Corner Pocket Under negotiation: Lease terms and price 23. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties: Parcels on Sign Hill, South San Francisco (APNs 012-351-020, 012-351-030, 012-024-060, 012-024-070, 012-024-080, 012-024-090, 012-024-100, 012-024-110, and 012-024-120) Agency Negotiators: Nell Selander, Economic & Community Development Director; Greg Mediati, Parks and Recreation Director; and Sky Woodruff, City Attorney Negotiating parties: Syme Venture Partners LP Under negotiation: Price and terms 24. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Property: 400 Miller Avenue (APN 012-303-110) City Negotiators: Nell Selander, Economic and Community Development Director, and Sky Woodruff, City Attorney Negotiating Party: Nisar M Shaikh Trust Under Negotiations: Price and terms 25. Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9(d)(4) Number of Potential Cases: One potential case Resumed from Closed Session: 11:50 p.m. ADJOURNMENT Being no further business, Mayor Coleman adjourned the City Council meeting at 11:51 p.m. 30 REGULAR CITY COUNCIL MEETING JULY 24, 2024 MINUTES PAGE 8 *** Adjourned in Memory of Richard Bordi, Salvo Simon, William Bosque Jr., Donna Faria, Chet Socco, Daniele “Dan” Bartoli, Emma Ocampo, Corazon Dandan, Artemio Oliva, and Maria Esther Benitez *** Submitted by: Approved by: Jazmine Miranda James Coleman Assistant City Clerk Mayor Approved by the City Council: / / NOTE: The Meeting Minutes represent actions taken during the meeting of the City Council. Complete Council members discussions of meeting items can be viewed in archived video recordings on the City’s website at https://www.ssf.net/Government/Video-Streaming-City-and-Council-Meetings/City-Council Public comments submitted via the eComment portal can be viewed in the City Clerk’s repository at https://ci-ssf-ca.granicusideas.com/meetings?scope=past 31 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-628 Agenda Date:8/14/2024 Version:1 Item #:4. Report regarding a resolution approving the acceptance of grant funds from the Kaiser Permanente Northern California Community Health Grant in the amount of $25,000 and amending the Parks and Recreation Department Fiscal Year 2024-25 Operating Budget pursuant to Budget Amendment Number 25.006.(Angela Duldulao, Parks and Recreation Deputy Director) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the acceptance of grant funds from the Kaiser Permanente Northern California Community Health Grant in the amount of $25,000 and amending the Parks and Recreation Department Fiscal Year 2024-25 Operating Budget pursuant to budget amendment #25.006. BACKGROUND/DISCUSSION For more than 75 years,Kaiser Permanente has been committed to improving the health of their members, patients,and the communities they serve.They recognize that good health extends beyond the doctor’s office and the hospital.Having a safe place to live,enough money to pay the bills,healthy food to eat,and easy access to quality health care are essential for good health.The Kaiser Permanente Northern California Community Health Grant strategies address these critical health needs with the goal of improving conditions for health and equity in the communities they serve. The Parks and Recreation Department has been awarded a Kaiser Permanente Northern California Community Health Grant in the amount of $25,000 for its Congregate Nutrition Program for a second consecutive year.In February 2023,the City of South San Francisco was able to start a Congregate Nutrition Program to address food insecurity among older adults (ages 60+)thanks to a $30,000 grant from San Mateo County Aging and Adult Services Division (AAS)funded by the Older Americans Act (OAA).The program experienced immediate success and high demand upon opening with nearly 100 seniors signed up to participate in the first month of service. The City of South San Francisco Congregate Nutrition Program serves up to 90 meals every Tuesday and Thursday from 12:00 p.m.to 2:00 p.m.to adults ages 60 and older.This is a non-fee-based program,but voluntary contributions of $6 per meal are accepted.Meals are served from the Roberta Cerri Teglia Center (601 Grand Avenue,South San Francisco),which is the City's primary hub for senior services and programs, and features numerous programs and activities geared towards older adults as well as an Adult Day Care. Based on the current schedule and demand for meals,the AAS grant funds 4,000 meals,which only covers about six months of service.This $25,000 Kaiser Community Health Grant will supplement the cost of meals for another six months,allowing the program to carry on with its current schedule and capacity for the entire fiscal year 2024-2025.Without a source of additional funding,the Department would have to consider reducing the number of meals served per week if the program were to take place over the course of the year. FISCAL IMPACT No funding beyond the grant amount is being requested at this time.Staff will consider other external funding City of South San Francisco Printed on 8/13/2024Page 1 of 2 powered by Legistar™32 File #:24-628 Agenda Date:8/14/2024 Version:1 Item #:4. opportunities as the Congregate Nutrition Program develops during its second year of service. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this funding will contribute to the City’s Strategic Plan under Priority #2:Quality of Life by supporting programs that promote the health and wellness of older adults and their families in South San Francisco. CONCLUSION Acceptance of this grant is important to addressing food insecurity for older adults with the Congregate Nutrition Program.Staff recommends that the City Council adopt a resolution approving the acceptance of grant funds from the Kaiser Permanente Northern California Community Health Grant in the amount of $25,000 and amending the Parks and Recreation Department Fiscal Year 2024-25 Operating Budget pursuant to Budget Amendment Number 25.006. City of South San Francisco Printed on 8/13/2024Page 2 of 2 powered by Legistar™33 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-707 Agenda Date:8/14/2024 Version:1 Item #:4a. Resolution approving the acceptance of grant funds from the Kaiser Permanente Northern California Community Health Grant in the amount of $25,000 and amending the Parks and Recreation Department Fiscal Year 2024-25 Operating Budget pursuant to Budget Amendment Number 25.006. WHEREAS,the City of South San Francisco Parks and Recreation Department has been awarded a Kaiser Permanente Northern California Community Health Grant in the amount of $25,000 for its Congregate Nutrition Program; and WHEREAS,in February 2023,the City of South San Francisco was able to start a Congregate Nutrition Program to address food insecurity among older adults (ages 60+)thanks to a $30,000 grant from San Mateo County Aging and Adult Services Division (AAS) funded by the Older Americans Act (OAA); and WHEREAS,the AAS grant funds 4,000 meals,which only covers about six months of service based on the program’s current schedule and service of up to 90 meals every Tuesday and Thursday to adults ages 60 and older; and WHEREAS,the Kaiser Community Health Grant will supplement the cost of meals for another six months, allowing the program to carry on with its current schedule and capacity for the entire fiscal year 2024-2025. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves the acceptance of grant funds from the Kaiser Permanente Northern California Community Health Grant in the amount of $25,000,and authorizes the City Manager to execute the grant agreement. BE IT FURTHER RESOLVED,that the City Council amends the Parks and Recreation Department Fiscal Year 2024-25 Operating Budget pursuant to Budget Amendment Number 25.006. ***** City of South San Francisco Printed on 8/13/2024Page 1 of 1 powered by Legistar™34 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-742 Agenda Date:8/14/2024 Version:1 Item #:5. Report regarding a resolution approving a Second Amendment to a Professional Services Agreement with Precision Concrete Cutting for a citywide Infrastructure assessment and inventory and increase the amount by $250,000 for a total not to exceed amount of $513,277,and authorizing the City Manager to execute the Second Amendment.(Alex Henry, Public Works Program Manager) RECOMMENDATION Staff recommends that the City Council adopt a resolution approving a Second Amendment to a Professional Services Agreement with Precision Concrete Cutting for a citywide Infrastructure assessment and inventory and increase the amount by $250,000 for a total not to exceed amount of $513,277, and authorizing the City Manager to execute the Second Amendment. BACKGROUND/DISCUSSION In 2019,The City of South San Francisco contracted with Precision Concrete Cutting (Precision)to conduct an inventory of the sidewalk system,assessing damages,and determining maintenance responsibilities.The City adheres to California Streets and Highways Code,which generally places the responsibility for sidewalk conditions on abutting property owners,with exceptions for damage caused by city trees or facilities.The completed inventory enables the City to swiftly address trip hazards and reduce liability,laying the groundwork for a Sidewalk Improvement Assistance Program.Additionally,the consultant has completed an inventory of all street signs,traffic signal poles,and streetlight poles to better understand their conditions and prioritize maintenance.This comprehensive assessment has resulted in a GIS-compatible report identifying potential hazards, damages, and areas for replacement across these infrastructure components. In addition to a sidewalk assessment,Precision conducted an inventory of all street signs in the City,to understand better which signs may need replacement.Finally,Precision completed a traffic signal pole assessment and inventory and a streetlight pole assessment for which an inventory of the streetlight poles already exists.Assessing these poles provides information to staff on their condition,allowing for preventative maintenance, repairs, and replacement to occur, as needed. Staff now proposes to amend the agreement with Precision to include additional sidewalk and infrastructure assessments at City facilities,Parks,and along the Bay Trail.Completing this assessment will further aid in future Capital Improvement Project (CIP)planning and will provide necessary information for Code Enforcement to follow up with responsible parties along the Bay Trail to effect repairs identified by the assessment. FISCAL IMPACT There is sufficient budget in existing CIP Right of Way Infrastructure Assessment and Upgrades project tr2302 to fund this proposed second amendment. RELATIONSHIP TO STRATEGIC PLAN This project supports Initiative 2.2 -Excellent bike paths,pedestrian ways,and multi-modal transportationCity of South San Francisco Printed on 8/13/2024Page 1 of 2 powered by Legistar™35 File #:24-742 Agenda Date:8/14/2024 Version:1 Item #:5. This project supports Initiative 2.2 -Excellent bike paths,pedestrian ways,and multi-modal transportation options, CONCLUSION Staff recommends adopting a resolution approving a Second Amendment to a Professional Services Agreement with Precision Concrete Cutting for a citywide Infrastructure assessment and inventory and increase the amount by $250,000 for a total not to exceed amount of $513,277,and authorizing the City Manager to execute the Second Amendment. Attachments: 1.City of South San Francisco Parks and Facilities Assessment Locations 2024 City of South San Francisco Printed on 8/13/2024Page 2 of 2 powered by Legistar™36 Park Miles Buildings Miles Elkwood 2 Municipal Services Building 2 Gibbs Playlot 1 City Hall 3 Clay Ave 1 Annex Building 2 Dundee Lot 6 West Orange Main Library 1 Alta Loma Park 3 Grand Avenue Library 1 Buri Buri 3 Community Learning Center (not owned by SSF)1 Sellick 3 Public Works orough 2 (Corporation Yard)1 Cal West 2 Information Technology 1 Zamora 1 Fire Department Administration 1 Avalon Memorial 1 Magnolia Senior Center 2 Avalon 2 Terrabay Gymnasium 2 Hillside Athletic Park 2 Fernekes Recreation Building 2 Terrabay Gymnasium 3 Westborough Building 2 Stonegate Tennis Courts 2 Siebecker Center 1 Paradise Valley Pocket Park 2 Miller Parking Garage 1 Paradise Valley Park 1 PD Sub-station 1 Sign Hill Park 7 Police Department 2 Gardiner Playlot 1 Water Quality Control Plant 6 Cypress and Pine Playlot 1 Station #61 1 City Hall Play Lot 1 Station #62 1 Sister Cities Park 4 Station #63 1 Orange Memorial Park 10 Station #64 1 Centennial Way 3 Station #65 1 Centennial Way Dog 3 Francisco Terrace Playlot 1 37 Brentwood 4 Oyster Point Marina 10 San Bruno Point Marina 8 Bay Trail 6 96 Cost Per mile $1,340 Total Miles 133 Total Cost City of South San Francisco Parks and Facilities Assessment Locations 2024 37 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-743 Agenda Date:8/14/2024 Version:1 Item #:5a. Resolution approving a Second Amendment to a Professional Services Agreement with Precision Concrete Cutting for a citywide Infrastructure assessment and inventory and increase the amount by $250,000 for a total not to exceed amount of $513,277, and authorizing the City Manager to execute the Second Amendment. WHEREAS,safe sidewalks and City owned infrastructure are vital components of a livable,safe community; and WHEREAS,maintenance of sidewalks and infrastructure to address safety issues is essential to ensuring such a community; and WHEREAS,identification of gaps and deficiencies aids the City in creating a pedestrian-friendly community and enables the City to prioritize areas of the sidewalk system that require repair and notify property owners of their responsibility to maintain their respective section of the sidewalk; and WHEREAS,establishing an inventory and prioritization methods can improve the City’s ability to more swiftly address potential hazards and reduce the potential for liability; and WHEREAS,in addition to a sidewalk inventory and assessment,the City seeks an inventory and assessment of its traffic signal poles and street signs and an assessment of its streetlight poles; and WHEREAS,the inventory and assessment of the traffic signal poles,street signs,and streetlight poles will also aid the City in identifying potential hazards,damage,and opportunities for replacement,reducing potential for liability; and WHEREAS,in 2019 the City entered into an agreement with Precision Concrete Cutting to provide a citywide inventory and assessment of all sidewalks and right of way infrastructure; and WHEREAS,the inventory and assessments described in the Precision Concrete Cutting agreement benefits multiple ongoing City projects; and WHEREAS,Precision Concrete Cutting possesses the expertise and qualifications necessary to conduct the inventory and assessment of the specified City infrastructure; and WHEREAS,the City now desires to amend the agreement to include sidewalk and infrastructure inventory and assessment at all City Facilities,Parks,and along the Bay Trail and to increase the amount by $250,000 for a total not to exceed amount of $513,277; and WHEREAS,there is sufficient budget in the existing Capital Improvements Project (CIP)tr2302 to fund this Second Amendment; and WHEREAS,staff recommends that the City Council approve a Second Amendment to a Professional Services Agreement between the City of South San Francisco and Precision Concrete Cutting to conduct the inventoriesCity of South San Francisco Printed on 8/13/2024Page 1 of 2 powered by Legistar™38 File #:24-743 Agenda Date:8/14/2024 Version:1 Item #:5a. Agreement between the City of South San Francisco and Precision Concrete Cutting to conduct the inventories and assessments increasing the amount by $250,000 for a total not to exceed amount of $513,277, NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby take the following action: 1.Approves the Professional Services Agreement,attached herein as Exhibit A,with Precision Concrete Cutting in an amount not to exceed $513,277,conditioned on Precision Concrete Cutting’s timely execution of the Professional Services Agreement and submission of all required documents,including but not limited to, certificates of insurance and endorsements. 2.Authorizes the City Manager to execute the Second Amendment to the Professional Services Agreement in substantially the same form as that in Exhibit A,and any other related documents on behalf of the City,upon timely submission by Precision Concrete Cutting’s signed agreement and all other documents, subject to approval as to form by the City Attorney. 3.Authorizes the City Manager to take any other actions necessary to carry out the intent of this resolution. Exhibit A - Fully Executed First Amendment 2021 Exhibit B - Draft Second Amendment to the Agreement with Precision Concrete Cutting ***** City of South San Francisco Printed on 8/13/2024Page 2 of 2 powered by Legistar™39 DocuSign Envelope ID : D6D03502-8CSE-4590-B381-C19A59483F94 CONTRACT/AGREEMENT APPROVAL FORM Date: 12/8/21 Name of Contract/Agreement First Amendment to Consulting Services Agreement Originating Department/Responsible Person, ext. Vendor Public Works / Marissa Garren, ext. 8549 Precision Concrete Cutting Routing Instructions: Eunejune > City Attorney > City Clerk> Marissa at PW TYPE OF CONTRACT: Consulting / Design Professional Renewal Time Extension Have there been any changes to the Contract Template? ~No []Yes CONTRACT AMOUNTS: Specified Amount(s) indicated below Original 1st Amendment 2nd Amendment APPROVAL AUTHORITY: DATE AMOUNT 10/15/19 10/14/20 263,277 .00 0 .00 City Manager INSURANCE REQUIREMENTS: 3rd Amendment 4th Amendment TOTAL DATE AMOUNT 263,277.00 Waivers requested ~No CYes (If Yes, Route to Risk Manager for signature first) BUDGETARY: [i]lncluded in Budget (Simpler report attached showing amounts) Amount Project String Accounting String ATTACHMENTS: [i] Agreement and all Exhibits [i] Resolution (all contracts over $150k) D SIR Questionnaire [i]certificate of Insurance, naming City of South San Francisco as an Additional Insured DocuSigned by : DEPARTMENT HEAD ACKNOWLEDGEMENT: The contract, amendments, exhibits, insura ,. nmnts/waivers and attachments have been reviewed and included. RISK MANAGER APPROVAL OF INSURANCE WAIVER: CITY ATTORNEY APPROVAL OF ENTIRE AGREEMENT: Cf DocuSigned by : Cwn.-lAi 951A604F45D4468 ... Comments: D Approval of Agreement D Approval of Insurance OAdd Agreement to Contract Tracker ASSISTANT CITY MANAGER'S APPROVAL: FINAL APPROVAL: (Only if amount is over $25,000) ~DocuSigned by : lltil:t-f t4n1t CITY CLERK: sss21341s1cA4@ity Manager D Please attest, keep a copy for your files, and return to Originating Department D Please upload to Laserfiche and return to Originating Department COPY SENT TO VENDOR: 40 DocuSign Envelope ID : D6O03502-8C5E-4590-B381-C19A59483F94 FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND PRECISION CONCRETE CUTTING THIS FIRST AMENDMENT TO THE CONSUL TING SERVICES AGREEMENT is made at South San Francisco, California, as of October 14; 2020 by and between THE CITY OF SOUTH SAN FRANCISCO ("City"), a municipal corporation, and Precision Concrete Cutting ("Contractor"), (sometimes referred together as the "Parties") who agree as follows: RECITALS A . On October 15, 2019, City and Contractor entered that certain Consulting Services Agreement ("Agreement") whereby Contractor agreed to perform assessment and inventory of city sidewalks , streetlight poles, and traffic signal poles. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A . B. City and Contractor now desire to amend the Agreement. NOW , THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: I . 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 I: Term. The October 15, 2020 end date for the term of services identified in Section 1.1 of the Agreement is hereby replaced with December 31, 2024 . 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 6852134787CA40B ... Mike Futrell City Manager Approved as to Form: DocuSigned by: By: C1Aivi, l.ru ~Af\ffil'lffly PRECISION CONCRETE CUTTING ilDocuSIQned by: By:~~8A~ Joseph Ortega Vice President 41 DocuSign Enve lope ID: D6D03502-8C5E-4590-B381-C19A59483F94 ,------, I DATE (MM/DD/YYYY) ACORD8 CERTIFICATE OF LIABILITY INSURANCE ~ 12/3/2021 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER . THIS CERTIFIC ATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND , EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. T HIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER($), AUTHORIZED REPRESE NTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED , the pollcy(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 certifi cate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~~:i~cT Select Commercial Assurance , a Marsh & McLennan Agency LLC company r4~~N~~ i=.•1, (847) 797-5700 I FAX 20 N Martin gale Road IA/C Nol: (847) 440-9133 Suite 100 ~~l~~ss : select@assuranceagency.com Schaumbur g IL 60173 INS URER($) AFF ORD ING COVERAGE NAIC # INSURER A : National Fire Insurance Co. of 20478 INSURED PRE CEMP-02 INSURER B : Transportation Insurance Compa 20494 Precision Emprise, LLC INSURER c : Continental Casualty Co 20443 OBA Precision Concrete Cutting INSURER D : Berkshire Hathawav Homestate I 20044 335 Beach Road Burlingame CA 9401 0 INSURER E : Columbia Casualtv Co 31127 INSURER F : COVERAGES CERTIFICATE NUMBER: 1633362077 REVISION NUMBER : THIS IS TO CE RTI FY T HAT THE POLICIES OF INSURANCE LI STED BELOW HAVE BEEN ISSUED TO T HE INSURED NAMED ABOVE FOR THE POLIC Y PERIOD IN DICAT ED . NOTWITHSTANDING ANY REQUIREMENT , T ERM OR CONDIT IO N O F ANY CONTRACT OR OTHER DOCUM ENT W IT H RESPE CT TO WHIC H T HIS CERTI F ICAT E MAY BE ISSUED OR MAY PERTAIN , T HE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS S UBJECT TO ALL THE TERMS , EXCLUSIONS A ND CONDITIONS OF SUCH POLICI ES . LIMITS SHOWN MAY HAVE BEE N REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICYEFF POLICY EXP LTR TYPE OF INSURANCE •~~n =•n POLICY NUMBER /MM/DD/YYYYI /MM/DD/YYYYI LIMITS A X COM MERCIAL GENERAL LIABILITY y 6076088378 4/30/2021 4 /30 /2022 EACH OCCURRENCE $1,000 ,000 -D CLA IMS-MADE [8J OCCUR UAMAL>E TO REN TED PREM ISE S /Ea occurrence\ $100 ,000 MED EXP (Any one person) $15 ,000 - PERSONAL & ADV INJ URY $1,000 ,000 - GEN 'L AGGREGATE LIM IT AP PLI ES PER : GEN ERAL AGGR EGATE $2 ,000 ,000 ~ POLI CY [8J ~r& D Loc PRODUCTS · COM P/OP AGG $2 ,000 ,000 OTH ER: $ B AUTOMO BILE LIABILITY 6078588084 4/30/2021 4/30/2022 COM BI NED SING LE LIM IT $1,000 ,000 /Ea accide nt\ X AN Y AUTO BODILY INJURY (Per person ) $ --SCHE DULED G~.~-.. OW NED BO DI LY INJURY (Per accident) $ -AU TOS ONLY AUTOS O::!F0s'L68 .. X HI RED X NON -OWNED iP~~~~~r,,';RAMAG E $ AU TOS ONLY AU TOS ONLY $ C X UMB RELLA LIAB H OCC UR 6076088364 4/30/202 1 4/30/2022 EACH OCCURRENC E $3,000 ,000 - EXC ESS LIAB CLA IMS -MADE AGGR EGATE $3,000 ,000 DE D I X I RETE NTION $ 1 n ~M $ D WORKERS COMPENSATION y PRWC229906 4/30/2021 4/30/2022 X I ;,i:f TuT E I I OTH-ER AND EMPLOYERS' LIABILITY Y/N ANYPRO PRIETOR/PARTN ER/EXECUTIVE ~ N /A E.L. EAC H ACC IDEN T $1,000 ,000 OFF IC ER/MEM BE R EXC LU DED? (Mandatory In NH ) E.L. DISEASE • EA EMPLOY EE $1,000 ,000 ~~i~~rt~t~ o1~PERATI ONS be low E.L. DISEAS E -POLICY LI MIT $1 ,000 ,000 A Inland Ma rine 6076088378 4/30/2021 4/30/2022 Lim it: $65 ,000 E Profess iona l Li ab ility CE0679006970 4/30/2021 4/30/2022 0 cc : $1 ,000 ,000 Agg : $2 ,000 ,000 E Pollution Liability CSB679036549 4/30/2021 4/30/2022 0cc: $1 ,000 ,000 Agg : $2 ,000 ,000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101 , Additional Remarks Schedule , may be attached if more space is required) Workers Compensation and Employers' Liability : Any Proprietor/Partner/Executive Officer/Member, as listed on the policy , (Marc Cussenot) is excluded . It is agreed t h a t the following are added as Additional Insured , when required by written contract. on the General Liability on a primary basis with respect to operations p e rformed by the named insured in connection with this project: City of South San Francisco and its officers , employees , agents , and volunteers A Waiver of Subrogation in favor of the Additional Insureds applies to the Worker's Compensation policy only, when required by written contract and where allowed by law. CERTIFICAT E HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF , NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS . City of South San Francisco 400 Grand Ave . t,;::~JJ~~ South San Francisco CA 94080 I © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 42 DocuSign Envelope ID : D6D03502-8C5E-4590-8381 -C 19A59483F94 - CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision , and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured -Primary And Non-Contributory To Additional lnsured's Insurance 3. Bodily Injury -Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability -Railroads 8. Electronic Data Liability 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury -Exception for Reasonable Force 11. General Aggregate Limits of Insurance -Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability -Damage To Premises / Alienated Premises / Property In The Named lnsured's Care, Custody or Control 16. Liquor Liability 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury -Discrimination or Humiliation 21. Personal And Advertising Injury -Contractual Liability 22. Property Damage -Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation -Blanket 26. Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs CNA74705XX (1-15) Page 1 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No : 2 Effective Date : 04/30 /2021 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office , Inc ., with its permission . 43 DocuSign E nve lope ID : D6D03502-8C5E-4590-8381 -C19A59483F94 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO 15 AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement , provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to : (a) the bodily injury or property damage ; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage . b. However, subject always to the terms and conditions of this policy , including the limits of insurance, the Insurer will not provide such additional insured with : (1) a higher limit of insurance than required by such contract or agreement ; or (2) coverage broader than required by such contract o r agreement , and in no event broader than that described by the applicable paragraph A. through H. below. Any coverage granted by this endorsement shall apply only to the extent permissible by law . A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured ; or 2. premises such person or organization owns, maintains or controls while a Named Insured leases or occupies such prem ises ; provided that the coverage granted by this paragraph does not apply to structural alterations , new construction or demolition operations performed by , on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises. C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused , in whole or in part, by the Named lnsured's maintenance , operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership , maintenance or use of such land , provided that the occurrence giving rise to such bodily injury , property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such lease. The CNA74705XX (1-15) Pag e 2 of 17 VA LL EY FOR GE I NSURAN CE COMPANY Insured Name: PRECISI ON EMPRISE, LLC Policy No : 6 07 60 88 3 7 8 Endorsement No : 2 Effective Date : o 4 /3 o / 2 021 Copy righ t CNA A ll Rights Reserved . Includes copyrighted material of Insuranc e Services Office, In c., with its permission . 44 DocuSign Envelope ID : D6O03502-8C5E-4590-B381-C19A59483F94 - - iiiiii iiiiiiii CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations , new construction or demolition operations performed by, on behalf of, or for such additional insured. E. Lessor of Premises An owner or lessor of premises leased to the Named Insured , or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership , maintenance or use of such part of the premises leased to the Named Insured , and provided that the occurrence giving rise to such bodily injury or property damage , or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demol ition operations performed by, on behalf of, or for such additional insured. F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury , property damage or personal and advertising injury arising out of the Named lnsured's ownership, maintenance , or use of a premises by a Named Insured . The coverage granted by th is paragraph does not apply to structural alterations , new construction or demolition operations performed by , on behalf of, or for such additional insured . G. State or Governmental Agency or Subdivision or Political Subdivisions -Permits A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents , or controls and to which this insurance applies : a. the existence , maintenance , repair, construction, erection, or removal of advertising signs , awnings , canopies , cellar entrances , coal holes , driveways , manholes , marquees, hoistaway openings , sidewalk vaults , street banners , or decorations and similar exposures; or b. the construction, erection, or removal of elevators ; or c. the ownership , mai ntenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named lnsured's behalf. The coverage granted by this paragraph does not apply to : a. Bodily injury , property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivis ion; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must be requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured . H. Trade Show Event Lessor 1. With respect to a Named lnsured's participation in a trade show event as an exhibitor , presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury , property damage or personal and advertising injury caused by : CNA74705XX (1-15) Page 3 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECIS I ON EMP RISE, LLC Policy No : 6076088378 Endorsement No : 2 Effective Date : 04 /30 /20 2 1 Copyright CNA A ll Rights Reserved . In cludes copyrighted materia l of Insurance Services Office , In c ., with its pemiission . 45 DocuSign Envelope ID: D6D03502-8C5E-4590-8381-C19A59483F94 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named lnsured's acts or omissions; or b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard . 2. ADDITIONAL INSURED • PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'S INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured. Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance available to such person or organization. 3. BODILY INJURY -EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease. 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or claim only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. B. NOTICE OF OCCURRENCE The Named lnsured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim and that failure is solely due to the Named lnsured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part. However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control: a. on the effective date of this Coverage Part; or CNA74705XX (1-15) Page 4 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No: 2 Effective Date: 04 /30/20 21 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office , Inc., with its permission . 46 DocuSign Envelope ID: D6D03502-8C5E-4590-B381-C19A59483F94 = iiiiiiii = --!!!!!!!! - iiiiiiii CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured , provided that there is no other similar liability insurance , whether primary , contributory, excess, contingent or otherwise , which provides coverage to such organization , or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or na rrower than that provided by this insurance . But this BROAD NAMED INSURED provision does not apply to : (a) any partnership , limited liabil ity company or joint venture; or (b) any organization for wh ic h coverage is excluded by another endorsement attached to th is Coverage Part . For the purpose of this prov isi on, management control means : A. owning interests rep resenting more than 50% of the voting , appointment or designat ion power for the selection of a majority of the Board of Directors of a corporation; or B. having the right , pursua nt to a written trust agreement , to protect , control the use of, encumber or transfer or sell property held by a t ru st. 4. With respect to organization s which qualify as Named Insureds by virtue of Paragraph 3. above , this insurance does not apply to : a. bodily injury or property damage that first occurred prior to the date of management control , or that fi rst occurs after manageme nt control ceases ; nor b. personal or advertising injury caused by an offense that first occurred prior to the date of management control or that first occu rs after management control ceases. 5. The insurance provided by this Coverage Part applies to Named Insureds when trading under their own names or under such other trading names or doing-business-as names (dba) as any Named Insured should choose to employ . 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES , Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following : This insurance does not app ly to : k. Damage to Your Product Property damage to your product arising out of it , or any part of it except when caused by or resulting from : (1) fire ; (2) smoke ; (3) collapse ; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it , or any part of it and included in the products-completed operations hazard . This exclusion does not app ly: (1) If the damaged wor k, or the work out of which the damage arises , was performed on the Named lnsured's behalf by a subcontractor ; or CNA74705XX (1-15) Page 5 of 17 VAL LEY FORGE INSURANCE COMPAN Y Insured Name: PRECI S ION EMP RIS E , LLC Policy No : 6 0 7 6 088 3 78 Endorsement No : 2 Effective Date : 0 4 /30/20 2 1 Copy ri ght CN A All Rights Reserved . Incl udes copyrighted material of Insu ran ce Service s Offioe , In c ., wrth its permission . 47 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C19A59483F94 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; (b) smoke; (c) collapse; or (d) explosion. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke , collapse or explosion and is included within the product-completed operations hazard . This sublimit does not apply to property damage to your work if the damaged work , or the work out of which the damage arises, was performed on the Named lnsured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy . 7. CONTRACTUAL LIABILITY-RAILROADS With respect to operations performed within 50 feet of railroad property , the definition of insured contract is replaced by the following: Insured Contract means : a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement; c. Any easement or license agreement; d. An obligation, as required by ordinance , to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement ; f. That part of any other contract or agreement pertaining to the Named lnsured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily injury or property damage to a third person or organization . Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opin ions, reports, surveys , field orders , change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them , if that is the primary cause of the injury or damage ; (2) Under which the Insured, if an architect , engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory , inspection, architectural or engineering activities. 8. ELECTRONIC DATA LIABILITY CNA74705XX (1-15) Page 6 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No : 6076088378 Endorsement No: 2 Effective Date : 04/30 /20 21 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office , Inc ., with its permission . 48 DocuSign Envelope ID : D6D03502-8C5E-4590-B38 1-C 19A59483F94 -iiiiiia !!!!!!!!!!! -= = iiiiiii CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability , the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following : This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information , including patents, trade secrets , processing methods , customer lists , financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property . However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury . This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses , public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from phys ic al injury to tangible property and arises out of electronic data . C. The following definition is added to DEFINITIONS: Electronic data means information, facts or programs stored as or on, created or used on , or transmitted to or from computer software (including systems and applications software), hard or floppy disks , CD-ROMS, tapes, drives , cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision , the definition of property damage in DEFINITIONS is replaced by the following : Property damage means : a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occu r at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access , or inability to properly manipulate electronic data , resulting from physical injury to tangible property. All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance , electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100 ,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates , heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided , however, coverage is afforded to such estates , heirs , legal representatives , and spouses only for CNA74705XX (1-15) Page 7 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No : 6076088378 Endorsement No : 2 Effective Date: 04/30/20 2 1 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office , In c ., with its permission. 49 DocuSign En velope ID : D6D03502-8C5E-4590-8381-C 19A59483F94 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement claims arising solely out of their capacity or status as such and , in the case of a spouse , where such claim seeks damages from marital community property , jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provided for any act, error or omission of an estate, heir, legal representative , or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named lnsured's business . 10. EXPECTED OR INTENDED INJURY-EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following : This insurance does not apply to : Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11 . GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A . For each construction project away from premises the Named Insured owns or rents , a separate Construction Project General Aggregate Limit, equal to the amount of the General Agg regate Limit shown in the Declarations , is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations , nor the Construction Project General Aggregate Limit of any other construction project. B. All: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A , caused by occurrences which cannot be attribu ted solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project , will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence , for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations , depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liabil ity arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations , regardless of the number of projects involved. CN A 74705XX (1-15) Page 8 of 17 VA LL EY FOR GE INSURANC E COM PANY Ins ured Name : PRECISI ON EMPRISE' LLC Policy No : 607 6 088 3 78 Endorsement No: 2 Effective Date : 0 4 /30/20 21 Copyright CNA A ll Rights Rese rved . In c ludes co pyrighted material of Insurance Services Office , In c., with its permission. 50 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C19A59483F94 -= ---iiiiiiiiiii iiiiii CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted , or if the authorized contracting parties deviate from plans , blueprints , designs, specifications or timetables , the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi in rem action against any vessel owned or operated by or for the Named Insured , or chartered by or for the Named Insured , will be treated in the same manner as though the action were in personam against the Named Insured . 13 . INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES , Coverage A -Bodily Injury and Property Damage Liability , the paragraph entitled Insuring Agreement is ame nded to replace Paragraphs 1.b.(1) and 1.b.(2) wi th the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named lnsured's pri mary business purpose , and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury fi rs t occurs during the policy period . All bodily injury arising from an occurrence will be deemed to ha ve occu rred at the time of the first act, error, or omission that is part of the occurrence ; and B. Under COVERAGES , Cove rage A -Bodily Injury and Property Damage Liability , the paragraph entitled Exclusions is amended to : i. add the following to the Employers Liability exclusion : This exclusion applies only if the bodily injury arising from a health care incident is covered by other liability insurance av ailable to the Insured (o r which would have been available but for exhaustion of its limits). ii. delete the exclusion en ti tled Contractual Liability and replace it with the following: Th is insurance does no t app ly to : Contractual Liability the lnsured's actual or alleged liability under any oral or written contract or agreement , including but not limited to express wa rra nties or guarantees . iii. add the following add itional exclusions : Th is insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment , including but not limited to claims based on an individual 's race , creed , color , age, gender , national origin , religion , disability , marital status or sexua l orientation. Dishonesty or Crime Any actual or alleged dish onest , criminal or malicious act, error or omission . Medicare/Medicaid Fraud CNA74705XX (1-15) Page 9 of 17 VALLE Y FOR GE INSURANCE COMPAN Y Insured Name : PRECISI ON EMPRIS E, LL C Policy No : 60 7 60883 7 8 Endorsement No : 2 Effective Date : 0 4 / 3 o / 2 o 2 1 Copyri ght CNA A ll Rig hts Reserved . In cl udes co pyrighted mate ria l of In su ran ce Services Office , In c ., wtt h its perm iss ion . 51 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C19A59483F94 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named lnsured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages , medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following : Occurrence means a health care incident. All acts , errors or omissions that are logically connected by any common fact, circumstance, situation, transaction , event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named lnsured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named lnsured's business ; and CNA74705XX (1-15) Page 10 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No : 2 Effective Date: 04 /30 /20 21 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office , Inc ., with its permission . 52 DocuSign Envelope ID : D6D03502 -8 C5E-4590 -B38 1-C1 9A 59483F94 -----== iiiiiiii CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named lnsured's business ; when such bodily injury arises out of a health care incident. the Named lnsured's volunteer workers are Insureds with respect to : (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named l nsured's business ; and (2) bodily injury to an employee while in the course of the employee's employment by the Named Insured o r whil e performing duties related to the conduct of the Named lnsured's business ; when such bodily injury arises out of a health care incident. b. delete Subparagra ph s (a), (b), (c) and (d) of Paragraph 2.a.(1) of WHO IS AN INSURED. D. The Other Insurance con di tion is amended to delete Paragraph b.(1) in its entirety and replace it with the following: Other Insurance b. Excess Insurance (1) To the extent this insuran ce applies , it is excess over any other insurance , self insurance or risk transfer instrument , whethe r primary , excess, contingent or on any other basis , except for insurance purchased specifically by the Named Insured to be excess of this coverage. 14. JOINT VENTURES/ PARTNERSHIP/ LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amen ded to delete its last paragraph and replace it with the following : No person or organizat ion is an Insured with respect to the conduct of any current or past partnership , joint venture or lim ited liability company that is not shown as a Named Insured in the Declarations , except that if the Named Insured was a joint venturer , partner , or member of a limited liability company and such j oint venture , partnersh ip or limited liability company terminated prio r to or during the policy period , such Named Insured is an Insured with respect to its interest in such joint venture , partne rship or limited liability company but only to the extent that: a. any offense giving rise to personal and advertising injury occurred prior to such terminat ion date , and the personal and advertising injury arising out of such offense first occurred after such termination date ; b. the bodily injury or property damage first occurred after such termination date ; and c. there is no other valid and collectible insurance purchased specifically to ins ure the partnership , joint venture or limited liab ility company ; an d If the joint venture , partners hip or limited liability company is or was insured under a consolidated (wrap-up) insurance program , then such in surance will always be considered valid and collectible for the purpose of paragraph c. above. But this provis ion will not serve to exclude bodily injury , property damage or personal and advertising injury that would otherwise be cove red under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS . Please see that provision for t he definition of consolidated (wrap-up) insurance program . 15. LEGAL LIABILITY -DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability , the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following : This insurance does not apply to : CNA74705XX (1-15) Page 11 of 17 VALLE Y F ORGE INSURAN CE COMPANY Insured Name: PRECIS I ON EMPRI S E, LLC Policy No : 60 7 60883 7 8 Endorsement No : 2 Effective Date : 0 4 /30/2 0 21 Copyright CNA A ll Rig hts Reserved . Incl udes copyrighted materi al of In su rance Services Office , Inc ., w it h its pe rmission. 53 DocuSign Enve lope ID : D6O03502-8C5E-4590-B381-C19A59483F94 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement j. Damage to Property Property damage to: (1) Property the Named Insured owns , rents , or occupies, including any costs or expenses incurred by you , or any other person , organization or entity, for repair, replacement , enhancement , restoration or maintenance of such property for any reason , including prevention of injury to a person or damage to another's property ; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care, custody or control of the Insured; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named lnsured's behalf are performing operations , if the property damage arises out of those operations; or (6) That particular part of any property that must be restored , repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance appl ies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE . Paragraph (2) of this exclusion does not apply if the premises are your work . Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard . Paragraphs (3) and (4) of this exclusion do not apply to property damage to: i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named lnsured's care, custody or control while being used in the Named lnsured's operations away from any Named lnsured's premises . However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication , or erection ; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft ; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance , or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions . A separate limit of insurance and deductible apply to ~uch property of others. See LIMITS OF INSURANCE as amended below. CNA74705XX (1-15) Page 12 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No : 6076088378 Endorsement No : 2 Effective Date : 04 /30 /20 21 Copyright CNA Al l _Rights Reserved . Includes copyrighted material of Insurance Services Office , Inc., with its permission . 54 DocuSign Envelope ID : D6O03502-8C5E-4590-B381-C19A59483F94 ----- iiiiiiii CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above , $25 ,0 00 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named lnsured's care , custody or control, while being used in the Named lnsured's operations away from any Named lnsured's premises. The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1,000. The Insurer has the right but not the duty to pay any portion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured w ill promptly reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Limit, of LIMITS OF INSURANCE is deleted and replaced by the following : 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days. The Damage To Premises Rented To You Lim it is the greater of: a. $500,000; or b. The Damage To Premises Rented To You Limit shown in the Declarations. E. Paragraph 4.b.(1 )(a)(ii) of the Other Insurance Condition is deleted and replaced by the following: (ii) That is property insurance for premises rented to the Named Insured, fo r premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named lnsured's care, custody or control ; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability , the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Liability. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 17. MEDICAL PAYMENTS A. LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medical Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C -Medical Payments for all medical expenses because of bodily injury sustained by any one person. The Medical Expense Limit is the greater of: (1) $15,000 unless a different amount is shown here: $N ,NNN ,NNN,NNN ; or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74705XX (1-15) Page 13 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMP RISE, LLC Policy No : 6076088378 Endorsement No: 2 Effective Date: 04/30/20 21 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office , Inc ., with its permission. 55 DocuSign Envel ope ID : D6O03502-8C5E-4590-B381-C19A59483F94 CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES , the Insuring Agreement of Coverage C -Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following : (b) The expenses are incurred and reported to the Insurer with in three years of the date of the accident ; and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows : T he exclusion entitled Aircraft, Auto or Watercraft is amended to add the following : This exclusion does not apply to an aircraft not owned by any Named Insured , provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada , designating that person as a commercial or airline transport pilot; 2 . the aircraft is rented with a trained , paid crew to the Named Insured ; and 3. the aircraft is not be ing used to carry persons or property for a charge . 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability , the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft , and replace it with the following. T his exclusion does not apply to : (2) a watercraft that is not owned by any Named Insured , provided the watercraft is : (a) less than 75 feet long ; and (b) not being used to carry persons or property for a charge. 20 . PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS , the definition of personal and advertising injury is amended to add the following tort : Discriminat ion or humiliation that results in injury to the feel ings or reputation of a natural person. B. Under COVERAGES, Coverage B -Personal and Advertising Injury Liability , the pa ragraph entitled Exclusions is amended to : 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following : This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising injury . This exclusion shall not apply to discrimination or hum iliation that results in injury to the feelings or reputation of a natural person , but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured ; or (b) any executive officer , director , stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured . 2. add the following exclusions: CN A 74705XX (1-15) Page 14 of 17 VA LL EY FORG E I NSURANC E COM PANY Insured Name: PRECIS I ON EMPRI S E , LLC Policy No : 6 0 7 608 8 3 78 Endorsement No : 2 Effective Date : 04 / 3 o / 2 o 21 Copyright CNA All Rights Rese rved . Incl ud es copyrighted material of Insurance Serv ices Office, In c., w ith its pe rm iss ion . 56 DocuSign Envelope ID: D6D03502-8C5E-4590-B381-C 19A59483F94 --!!!!!!!!!!!! - iiiiiiii -- CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment , past employment or termination of employment of any person by any Insured. Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale , rental , lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination. The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part . This PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY· CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B -Personal and Advertising Injury Liability , the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability. B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING INJURY • CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS -COVERAGES A AND B: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following : So long as the above conditions are met, attorneys fees incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs . Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance . C. This PERSONAL AND ADVERTISING INJURY • CONTRACTUAL LIABILITY Provision does not apply if Coverage B -Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part . This PERSONAL AND ADVERTISING INJURY • CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part . 22. PROPERTY DAMAGE-ELEVATORS A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators. CNA74705XX (1-15) Page 15 of 17 VALLEY FORGE INSURANCE CO MPANY Insured Name: PRECISION EMP RI S E, LLC Policy No : 6076088378 Endorsement No : 2 Effective Date : 04 /30/20 21 Copyright CNA All Rights Reserved. Includes copyrighted material of Insuran ce Services Office , Inc ., with its pennission . 57 DocuSign Envelope ID : D6D03502 -8C5E-4590-B381 -C 19A59483F94 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE -ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators. 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS-COVERAGES A AND Bis amended as follows : A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000. limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named lnsured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure. 25. WAIVER OF SUBROGATION· BLANKET Under CONDITIONS, the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended to add the following: The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Named lnsured's ongoing operations; or 2. your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement , and only if such contract or agreement: 1. is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim. 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska, that is not permitted to be insured under a consolidated (wrap-up) insurance program by applicable state statute or regulation. If the endorsement EXCLUSION -CONSTRUCTION WRAP-UP is attached to this policy , or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C.I.P.) or Contractor Controlled Insurance Programs (C.C.I.P.) is attached, then the following changes apply: A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damages because of: 1. Bodily injury, property damage, or personal or advertising injury that occurs during the Named lnsured's ongoing operations at the project , or during such operations of anyone acting on the Named lnsured's behalf; nor CNA74705XX (1-15) Page 16 of 17 VALLEY FORGE INSURANCE COMPANY Insu red Name : PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No: 2 Effective Date : 04 /30 /20 21 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office , Inc ., with its penmission . 58 DocuSign Envelope ID : O6O03502-8C5E-4590-B381-C 19A59483F94 --- = iiiiiii CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures . B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess , contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program , but only as respects the Named lnsured's involvement in that consolidated (wrap-up) insurance program . C. DEFINITIONS is amended to add the following definitions: Consolidated (wrap-up) insurance program means a construction , erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P .) or Contractor Controlled Insurance Program (C .C .I.P .). Residential structure means any structure where 30% or more of the square foot area is used or is intended to be used for human residency , including but not limited to: 1. single or multifamily housing, apartments , condominiums , townhouses , co-operatives or planned unit developments ; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or any similar structures). However, when there is no individual ownership of units, residential structure does not include military housing , college/university housing or dorm itories, long term care facilities , hotels or motels. Residential structure also does not include hospitals or prisons. This WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part . All other terms and conditions of the Policy remain unchanged. This endorsement , which forms a part of and is for attachment to the Policy issued by the designated Insurers , takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below , and expires concurrently with said Policy . CNA74705XX (1-15) Page 17 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMP RIS E, LLC Policy No : 6076088378 Endorsement No : 2 Effective Date : 04/30/2 021 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office , In c ., with its permission . 59 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C19A59483F94 - CNA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following : COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows : I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an 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 or in part by your acts or omissions, or th e acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the 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 under the 11-85 edition , 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of' language ; or C. additional insured coverage to the greatest extent permissible by law; th en paragraph I. above is deleted in its entirety and replaced by the following : WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part , but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. Ill. Subject always to the 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 by the 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 as an 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 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No: 3 Effective Date : 04/30/20 21 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office , Inc., with its permission. 60 DocuSign Envelope ID : D6D03502-8C5E-4590-B381 -C19A59483F94 ~NA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the add itional insured under which the additional insured is a named insured, this insurance is pr imary to and will not seek contribution from such other insurance , provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek con tri bution from any other insurance available to the additional insured. But except as specified above , t hi s insurance will be excess of all other insurance available to the additional insured . VI. Solely with respect to the insura nce granted by this endorsement , the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows : The Condition entitled Duties In The Event of Occurrence, Offense , Claim or Suit is amended with the addition of the following : Any additional insured pursua nt to this endorsement will as soon as practicable : 1. give the Insurer wr itten no tice of any claim , or any 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 of the claim; and 3. make available any other insurance , and tender the defense and indemnity of any 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 , if the written contract requ ir es this insurance to be pr imary and non-contributory , this paragraph 3. does not apply to insurance on whi ch the additional insured is a named insured. The Insurer has no duty to defen d 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 insu rance granted by this endorsement , the section entitled DEFINITIONS is amended to add the following definition: Written contract means a writte n 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 insu red seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged . This endorsement , which forms a pa rt of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy , unless another effective date is shown below , and expires concurrently with said Poli cy. CNA75079XX (10-16) Page 2 of 2 VALLE Y FORGE INSURANCE COMPAN Y Insured Name : PRECIS ION EMP RIS E , LLC Policy No : 60 7 608 8 3 7 8 Endorsement No : 3 Effective Date: 0 4 /30/20 21 Copyright CNA All Rights Reserved . Includes copyrighted material of Insu ran ce Services Office , In c ., w ith its pe rmi ssion . 61 DocuSi gn Envelope ID : D6D03502 -8C5E -4590-B381-C 19A59483F94 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 0410 C (Ed . 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our ri ght against the person or organization named in the Schedule . (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us .) The additional premium for this endorsement shall be calcu lated by applying a factor of 2% to the total manual pre m ium , with a minimum initial charge of $350 , then applying all other pricing factors for the policy to this calculated cha rge to derive the final cost of this endorsement. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule . Bla nket Waiver Perso n/Orga nizatio n Job Description A ll CA Operations Schedule Blanket Waiver -Any person or organization fo r whom the Named Insured has agreed by written contract to furnish this waiver . Waiver Premium (prior to adjustments) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated . (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 04/30/2021 Insured: Precision Empr ise , LLC Precision Emprise , Inc . Policy No .: PRWC229906 Insu rance Company: Cypress Insurance Company Countersigned by ___ "b __ ~ __ ·_z_._~------ WC 99 0410 C (Ed . 01 -19) 62 DocuSign Envelope ID : D6D03502-8C5E-4590-B381 -C19A59483F94 City of South San Francisco City Council Resolution: RES 128-2019 P.O. Box 71 1 (City Hall , 400 Grand Avenue) South San Francisco . CA File Number: 19-690 Enactment Number: RES 128-2019 RESOL ION APPROVING A PROFESSIO AL S RVlC ES AGREEMENT WJTH PRECISJO O CRETE CUTTING FOR A ITYWJDE SIDEWALK STREET SIGN , AND SIG AL POLE ASSESSMENT AND INVENTORY, NOT TO EXCEED 263 ,277 AND AUTHORIZING THE CJTY MANAGER TO EXECUTE THE PROFESSIONAL SERVJCE AGREEMENT. Wl-IEREA , sidewalk are vital components of a Ii able, afe community; and WHEREA , maintenance of idewalk and addressing safety issues is essential to en uring such a community; and WHEREAS , identification of gaps and deficiencies aids the ity in creating a pedestrian-friendly community and enables the City to prioritize areas of the sidewalk system that require repair and notify property owners of their responsibility to maintain their respective section of the sidewalk ; and WHEREAS , establi lung an inventory and prioritization method · can improve the ity's ability to more swiftly addres potential hazard and reduce the potential for liability; and WHEREAS , in addition to a idewalk inventory and as essment, the City seeks an inventory and asse sment of its traffic signal pole and street ign and an assessment of its streetlight poles; and WHEREAS , the inventory and assessment of the traffic ignal poles. street igns, and treetlight poles will also aid the City in identifying potential hazards , damage , and opportunities for replacement, reducing potential for liab ility; and WHEREAS , City taff licited quotes and written propo al from five companie specializing in sidewalk or utility pole testing to gather proposal and cost estimates for a city-wide assessment and inventory ; WHEREAS , of the propo al rec ived , Preci ion oncrete Cutting provided a comprehen ive proposal for the inventory and a se sment of the City's sidewalks, traffic signal poles , street signs, and streetlight pole , that most efficiently captured the scope of the project and the level of detail needed by the ity to assess the e infrastructure elements; and WHEREAS , the inventory and a sessments described in the Preci ion Concrete utting proposal will b enefit multiple ongoing City project ; and City of South San Francisco Page 1 63 DocuS ign En ve lope ID : D6D03502-8C5E-4590 -B381 -C19A59483F94 File Number: 19-690 Enactment Number-RES 128-2019 WHEREAS Precision Concrete Cutting pos es es the expe1tise and qualifications necessary to conduct the inventory and asses men! of the specified City infrastructure; and WHEREAS, there is sufficient funding in the existing CIP allocations for project that will directly benefit from this inventory and assessment, and there aJe no additional cost associated with this project: and \VHEREAS , staff recommends that the City Council approve a Professional Services Agreement between the City of South San Francisco and Precision Concrete Cutting to conduct the inventories and assessments for an amount not to exceed $263.277 . NOW, THEREFORE, BE IT RESOLVED that the ity ouncil of the City of South San Francisco does hereby take the following action: l. Appro es the Professional Services Agreement, attached herein as Exhibit A, with Precision oncrctc Cutting in an amow1t not to exceed $263,277 , conditioned on Preci ion Concrete Cutting s timely execution of the Profe sional Services Agreement and ubmission of all required documents, including but not limited to certificates of in urance and endorsements. 2. Authorizes the City Manager to execute the Professional Services Agreement in sub tantially the same fonn as that in Exhibit A , and any other related documents on behalf of the Cily, upon timely submission by Precision Concrete Cutting' signed agreement and all other document , subject to approval as to fonn by the City Attorney. 3 . Authorize the City Manager to take any other actions neces ary to carry out the intent of this resolution. Exhibit A: DRAFT Professional Services Agreement. * * * * At a meeting of the Special City Counci l on 10/9/2019, a motion was made by Richard Garbarino , seconded by Buenaflor Nicolas , that this Resolution be approved. The motion passed . Yes : 5 Councilmember Nagales , Mayor Matsumoto , Councilmember Addiego, Councilmember Nicolas, and Vice Mayor Garbarino Atte st by City of South San Francisco Page2 64 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C 19A 59483F94 CONSUL TING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND PRECISION CONCRETE CUTTING THIS AGREEMENT for consulting services is made by and between the City of South San Francisco ("City'') and Precision Concrete Cutting ("Consultant") (together sometimes referred to as the "Partiesn) as of October 15, 2019 (the "Effective Date"). Section 1. SERVICES . Subject to the terms and conditions set forth in this Agreement , Consultant shall provide to City the serv ices described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein . In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on October 15, 2020 , and Consultant shall complete the work described in Exhibit A prior to that date , unless the term of the Agreement is otherwise terminated · or extended, as prov ided for in Section 8. The time provided to Consultant to complete the service s requ ired by this Agreement shall not affect the Ci ty's right to terminate the Agreement , as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographica l area in which Consultant practices its profession . Consultant shall prepare all work products required by th is 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 1>f 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. Consultan t 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 1J and ~ above and to satisfy Consultant's obligations hereunder. Sectio·n 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $263,277 notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and re imbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and . Consultant's proposal or compensa tion schedule , attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rend ered 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. Consulting Services Agreemen t between [Rev :11 .14.2016] City of South San Francisco and Precision Concrete Cutting 08/06/2019 Page 1 of 16 65 DocuSign Envelope ID : D6D03502-8C5E-4590-8381-C 19A59483F94 Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City , Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annu ities 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 pe r month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information : • Serial identifications of progress bills (i.e ., Progress Bill No. 1 for the first invoice, etc .); • The beginning and ending dates of the billing period; • A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion; • At City's option, for each work item in each task , a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work , the hours spent by each person , a brief description of the work, and each reimbursable expense ; • The total number of .hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours , which shall include an estimate of the time necessary to complete the work described in Exhibit A; • The amount and purpose of actual expenditures for which reimbursement is sought; • The Consultant's signature . 2.2 Monthl y Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred . City shall have thirty (30} days from the receipt of an invoice that complies with · all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. 2.3 Flnal Pa yment. City shall pay the last ten percent (10%} of the total sum due pursuant to this Agreement within sixty (60} days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed . Consulting Services Agreement between [Rev :11.14 .2016) City of South San Francisco and Precision Concrete Cutting 08/06/2019 Page 2 of 16 66 DocuSign Envelope ID : D6D03502-8C5E-4590 -8381-C19A59483F94 2.4 Total Pa yment. 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 Hourl y 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 Pa yment of Taxes , Tax Withholding. Consultant is solely responsible for the payment of employmen t 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 C. 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 residen t subcontractor and shall submit written documentation of compliance with Consultant's withholding duty to City upon request. . 2.7 Pa yment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compe nsate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date . 2.8 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 authorizatio n from the Contract Administrator . 2.9 Prevailin g Wa ge. Where applicable, the wages to be paid fqr 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 Sect ion 1770, et seq . Each laborer, worker or mechanic employed by Consulting Services Agreement between [Rev :11.14.2016] City of South San Francisco and Precision Concrete Cutting 08/06/2019 Page 3 of 16 67 DocuSign Envelope ID : D6D03502-8C5E-4590-8381-C19A59483F94 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 show ing 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 pubHc work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776 ." Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets , and conference space, as may be reasonably necessary for Consultant's use while consulting with City employees and reviewing records and the information in possession of the City. The location , quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct. expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities . Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents , representatives , employees , and subcontractors. Consistent with the following provisions, Consultant shall Consulting Services Agreement between [Rev : 11.14.2016] City of South San Francisco and Precision Concrete Cutting 08/06/2019 Page 4 of 16 68 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C19A59483F94 provide Certificates of Insurance , attached hereto and incorporated herein as Exhibit B, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant 's bid . Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 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' Compensat ion Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative , Consultan t 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 Co de sha ll be solely in the discretion of the Contract Administrator (as defined in Section 10.9 ). The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided , shall waive all rights of subrogation against the City and its officers , officials, employees , and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense , shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a ge neral aggregate limit is used, ei the r the general aggregate limit shall apply separately to the work to be perfo rmed under this Agreement or the general aggregate limit shall be at least tw ice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury , including death resulting there from , and damage to property resulting from activ ities contemplated under this Agreement, including the use of owned and non - owned automobiles. 4.2.2 Minimum sco pe of coverage. Commercial genera l. coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 000 1 or GL 0002 (most recent editions) covering comprehensive General Liab ili ty and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability . Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed . 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage . Consulting Services Agreement between [Rev:11 . 14.2016] City of South San Francisco and Precision Concrete Cutting 08/06/2019 Page 5 of 16 69 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C19A59483F94 4.3 4.2.3 Additional requirements. Each of the following shall be included in the in~urance 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. Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions . Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise , at the Consultant 's sole cost and expense , any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Re quirements. 4.4.1 Acceptabili ty of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. Consulting Services Agreement between [Rev: 11 .14 .2016] City of South San Franc isco and Precision Concrete Cutting 08/06/2019 Page 6 of 16 70 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C19A59483F94 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured: primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the fo ll owing : liability arising out of activities performed by or on behalf of Consultant, including the insured's general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on ·the scope of protection afforded to City or its officers, employees, agents, or volunteers . A certified endorsement must be attached to all polities 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 tenn 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 wh ich 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 e_ndorsement 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- Consulting Services Agreement between [Rev:11.14.2016] City of South San Francisco and Precision Concrete Cutting 08/06/2019 Page 7 of 16 71 DocuSign Envelope ID : D6D03502-8C5E-4590 -8381-C19A59483F94 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 Polic y. 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 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 Consulting Services Agreement between [Rev:11 .14.2016] City of South San Francisco and Precision Concrete Cutting 08/06/2019 Page 8 of 16 72 DocuSign Envelope ID: D6D03502-BCSE-4590-B381-C 19A59483F94 injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents , by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULT ANT. 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 lim ited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits . 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. Consulting Services Agreement between [Rev: 11 .14.2016] City of South San Francisco and Precision Concrete Cutting 08/06/2019 Page 9 of 16 73 DocuSign Envelope ID : D6O03502-8C5E-4590-B381-C19A59483F94 7 .1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to Ctty that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City , of what -so -ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cos.t 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, includ ing but not limited to the satisfaction of any positive obligations required of Consultant thereby . Section 8. 8.1 Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. TERMINATION AND MODIFICATION. Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days' written notice to City and shall include in such notice the reasons for cancellation. Consulting Services Agreement between [Rev :11 .14 .2016] 08/06/2019 Page 10 of 16 City of South San Francisco and Precision Concrete Cutting 74 DocuSign Envelope ID : D6D03502-8C5E-4590-B3 8 1-C19A59483F94 In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1 . Any such extension shall require a written amendment to this Agreement, as provided for herein . Consultant understands and agrees that , if City grants such an extension , City shall have no obligation to provide Consultan t 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 otherw ise 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 Agreemen t contemplates personal performance by Consultant and is based upon a determinat ion 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 Agree ment, City's remedies shall include, but not be limited to, the following : 8.6.1 Immediately terminate the Agreement ; 8.6.2 Reta in the plans, specifications, drawings , reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Reta in a different consultant to complete the worlk described ih Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work desc ri bed in Exhibit A that is unfin ished at the time of breach and the amount that Consulting Services Agreeme nt between [Rev:11.14 .2016] City of South San Francisco and Precision Concrete Cutting 08/06/2019 Page 11 of 16 75 DocuSign Enve lope ID : D6D03502-8C5E-4590-8381-C19A59483F94 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 Perfonnance. All reports, data , maps, models , charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files , or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement" and that relate to the matters covered hereunder shall be the property of the City . Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials , including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City , all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law . · 9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges fo r 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 mainta in shall be made available for inspection, audit, and/or copying at any time during regular business hours , upon oral or written request of the City. Under California Government Code Section 8546. 7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000 .00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted in Response to an Invitation to Bid or Re quest 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 requ ired under the Public Records Act. Consulting Services Agreement between [Rev :11 .14.2016] City of South San Francisco and Precision Concrete Cutting 08/06/2019 Page 12 of 16 76 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C19A59483F94 Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense . This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys ' Fees. If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled . The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 10.3 Severabili ty. 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 Rec ycled 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 lim its of City or whose business, regardless of location, would place Consulting Services Agreement between [Rev:11.14.2016] City of South San Francisco and Precision Concrete Cutting 08/06/2019 Page 13 of 16 77 DocuSign Envelope ID : D6D03502-8C5E-4590-8381-C19A59483F94 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 Louis Langi ("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 riot, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt ; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt , if sent by certified or registered mail, return receipt requested . In each case notice shall be sent to the respective Parties as follows: Consultant: City: Precision Concrete Cutting 335 Beach Road Burlingame, CA 94010 City Clerk City of South San Francisco 400 Grand Avenue South San Francisco , CA 94080 Consulting Services Agreement between [Rev :11 .14 .2016] City of South San Francisco and Precision Concrete Cutting 08/06/2019 Page 14 of 16 78 DocuSign Envelope ID : D6D03502-8C5E-4590-B38 1-C 19A59483F94 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 construct ion 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 examp le. Sea l and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements , either written or oral pertaining to the matters herein . 10.13 Counterparts. Th is 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, wh ich shall be bind ing 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 th is Agreement. The Parties have executed th is Agreement as of the Effective Date. Consulting Services Agreement between [Rev : 11 .14.2016] City of South San Francisco and Precision Concrete Cutting 08/06/2019 Page 15 of 16 79 DocuSign Envelope ID : D6O03502-8C5E-4590-B381-C19A59483F94 CITY OF SOUTH SAN FRANCISCO NAME: Approved as to Form: 2729962.1 Consulting Services Agreement between [Rev : 11 .14 .2016) City of South San Francisco and Precision Concrete Cutting 08/06/2019 Page 16 of 16 80 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C 19A59483F94 EXHIBIT A SCOPE OF SERVICES 81 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C19A59483F94 335 B•ch Road Burlin game. CA 94010/ l'hon•: (6501 861 -8157 I Fax (650} 240-3Btsa I CL# 1032474 PROPOSAL FOR 11 NOT TO ExCEED" AGREEMENT BETWEEN: THE Crrv OF SOUTH SAN FRANCISCO AND PRECISION CONCRETE CUTTING (PCC) Overview Uneven sidewalks caused by ground settling and tree roots cause a potential hazard to pedestrians. Displaced sidewalks cause problems for both public and private entities In the form of trip and fall llablllty exposure . It Is proposed that the City of SOUTH SAN FRANCISCO and PCC enter Into an agreement whereby PCC wlit inspe<:t sidewalks as identified by City staff. The price for these services shall not to exceed the proposed dollar amount and quantity defined ~ the "Proposal Detail'" NCtion below. Background Information on Precision Concrete Cuttin g PCC has been repairing and Inspecting sidewalks since 1990. The company does work throughout the Unitec:! States and with dozens of cities In California. Precision Concrete Cutting is leader In sidewalk asset management We specialize In surveying sidewalk infrastructure and repairing uneven sidewalks. Our unique saw-cutting method . for correcting off-set sidewalk panels leaves behind ADA compliant results for a fraction of the cost of new concrete. Our clients benefit from delalled GIS maps that allows them to create a GIS data base lo cost eff8ctively manage their sidewalk Infrastructure; · INSPECTION SERVICES Precision Concrete Cutting tecmicians will walk every pai:-et in the project area and visual inspect for potential 1J1)plng hazards a'!d damage. PCC will provide a GIS compatible report that list each location identified including a photo, exact location, off-set height and square foot amount for replacement ~lions. PROPRJETARYMOB~EPHONESOFTWARE Precision Concrete Cutting has developed a proprietary moblle software that 18 useable across multiple platfonns (Android, !Phone, IPad, Smart Phone, etc.) Page 1 of3 Provldea GPS Coonllna1as-lnlagratlls with GIS systans Mapping -Plovides dalaled location data plotted with Google Mapa Detalled Reporting-Provides spedficand ·detaled data on maacnmants far every trip hazMI Addresaes -The aoftware glYes the address and longitude / latitllde of each bip hazard locallon Addltlonal Dala -Records addltlDnal sidewalk data . (le. apalllng, cracks, replecement spots, and _,y other data you need) Sidewalk Asset Management-PNclslon Concreta Cutting otrars complete sldewalk asset management services City of SOlITH SAN FRANCISCO "Not to E,ooeed" Proposal -May 9, 2018 82 DocuSign Envelope ID: D6D03502-8C5E-4590-8381-C19A59483F94 P.O. Box 25265, San Mateo , CA 94401/ Phone: (650) B81 -885 7 I Fax (650> 2.fo-3866 / Cl.# 1032474 Proposal 0,tall Base Inspection Services Unit Price: ~250 per Mlle Base inspection includes: Street address, latitude/longitude, date/time, identification of all vertical displacements ½ inches and greater, max height of off-set, identlflcation of all locations that require removal and replacement including SQFT and identify If It ls caused by city tree. All data will be provided In a GI$ compatlble format including ·excel, KML and/or shape file . Add-on Inspection Options: Price Per Options Mlle Identify corners that require curb ramp or that do not $SO have truncated domes Identify streets that don't have sidewalk $15 Identify areas that don't have 48 Inches of passable $25 space Inspect Curb and Gutter $150 Take Photos/map each street sign $150 Inspections and documentation of streetlight poles an c traffic signal poles to include photo-documentation (high-res photos of entire pole and base with $200 documentation of bolts, attachments, call boxes, panels, etc.) Hei oht and thickness measurements Streets with Sidewalks to be Inspected: areas to be identified by the city of South San Francisco. Precision Concrete Cutting is co mmitted to providing the highest quality service to our clients . Should you have any questions of comments, please do not hesitate to contact us. PCC Representative : YOUR HERE REPRESENTATIVE : X ------------July 16, 2019 Tit I e 83 DocuSign Envelope ID : D6D03502-8C5E-4590-B381 -C 19A59483F94 Page2of3 City ofSOU1ll SAN FRANCISCO "Notto Exceed " Proposa)-7/16/1 9 Federal Reclster I Vol. 56. No. 144 /Friday.Jul)' 24, 1991 I Rules and Rc:g11wions Federal Resrulatlons on Trip Hazard Removal Part Ill Department of Justice Office of the At1omey General 28 CFR Part 36 Ncmdlscriminatlon on the Buis of Dl&ablllly Publlc Accommoclallons and in Gommerclal Facilities; Final nJle 4.5 Ground and Floor Surfaces tsttrpcs from FecleniJ Register I 3 a I \ o I !111' ~sc u I . 3 ~ t • t A slope bcm c IU-\ 11o r. cofJ, ~011' o cd 16 l•J01ullo\l.rdf01a ' A~ J)tstec Iii,& I 81 84 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C19A59483F94 EXHIBIT B INSURANCE CERTIFICATES 85 DocuSign Envelope ID: D6D03502-8C5E-4590-8381-C19A59483F94 ,..---, ACORD• CERTIFICATE OF LIABILITY INSURANCE l DATE (MM/DD/YYYY) ~ Sn/2019 THIS CERT IFICATE 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 pollcy(les) must have ADDITIONAL 1NSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Heu of such endorsement{s). PRODUCER ~~~~"' Select Convnercial Assurance Agency, Ltd. 20 North Martingale Road PHONE -700 (~.l\!2..il!!]: 1847) 797-~ l PAX (A/C, Nol : t847) 440-9133 Suite 100 I:oA~sS: select@assurancea gency .com Schaumburg IL 60173 -INSURER($) AFFORDING COVERAGE NAIC# I INSURER A : Hiscox Insurance Comp any Inc. 1 10200 -- INSURED PRECEMP-<12 INSURER a : Valley Forg e Insurance_ 20508 Precision Emprise, LLC - INSURERC: Continental Insurance Com pan ,,, 35289 DBA Precisi on Concrete Cutting ' 335 Beach Road INSURER o: Cyp ress Insurance Com_P.an . j 10855 Burlingame CA 94010 INSURER E : CNA 20443 j INSURERF: COVERAGES CERTIFICATE NUMBER: 1379408384 REVISION NUMBER: 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. ti~:] TYPEOFINSURANCE !ADDL-SUBR ~ POLICYNUMBER :0..MW~ LIMITS B I X I COMMERCIALGENERALLIABILITY Y I 6076088378 4/30/2020 EACH OCCURRENCE fxl o;Q;I AGEIO RENTED CLAIMS-MADE ~ OCCUR PREMISES ~ occurrenceJ 1 1 _I ----=- , $1,000,000 j S 100,000 _!_!5,000 I GEN'L AGGREGATE LIMIT APPLIES PER: I POLI CY [Kl ~~ • LOC OlliER: B I AUTOMOBILEUABILITY X ] ANY AUTO OWNED I SCHEDULED AUTOS ONLY AUTOS X HIRED X I NON-OWNED AUTOS ONLY ~ AUTOS ONLY C X UMBRELLA LIAB I X OCCUR ll!XCESS LIAB CLAIMS-MADE OED X RETENTIONS D WORKERS COMPENSATION AND EMPLOYERS' LIABILrrv Y/N ANYPROPRIETOR/PARTNER/EXECUTIVE r..7 IOFFICER/MEMBEREXCLUDEO? ~ N/A (Mandatory In NH) grssC=~ ~~PERATIONS below B Inland Marine A Prcre11ional Liability E Pollution LlabUtty PERSONAL& ADV INJURY ~ 1,000,000 I GENERAL AGGREGATE _ .!3_~0,000 PROOUCTS • COMP/OP AGG ~000,000 s _ _!..=..,p;~.p'-'-+>-'--~ 6/30 2020 --~~r===n~ey:-:--· \ OMBINED SINGL LIMIT $ 1 000 000 , tEa acddent _ • · I CUE6076088364 Y I PRVVC022226 PMT6078088378 MPL 178488018 6079036549 I . I I .. ,3012019 6/3012019 4/30/2019 9/2812018 7/1612019 BODILY INJURY (Per person) $ f BODILY ~~ (Per accident) j $ PROPERTY DAMAGE I S (Per accident ) __ 4/30/2020 I EACH OCCURRENCE AGGREGATE I 6/3012020 X E.L. EACH ACC IDENT ER $ $ 2.p_,00,000 g_o~o.ooo s _ $1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 I EL DISEASE -POLICY LIMIT S 1.000,000 4/30/2020 Limit $50,000 9/28/2019 Aggregale: $1 ,000,000 9/28/2020 · Occurence : Sl ,OOO,OOO Agg . $2,000,000 DESCRIPTION o, OPl:RATIONS /LOCATIONS/VEHICLES (ACORD 101, Addltlonal Remarks Schedule, ,.,.y be llltached If more •pace• required) It is agreed that the following are added as Additional Insured, when required by written contract, on the General Liability on a primary basis with respect to operations performed by the named insured in connection with this project: City of South San Francisco and its officers, employees, agents , and volunteers A Waiver of Subrogation in favor of the Additional Insureds applies to 1he Worker's Compensation policy only, when required by written contract and where allowed by law. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of South San Francisco 400 Grand Ave. AUTHORIZED REPRESENTATIVE South San Francisco CA 94080 b~Z-~r II © 1988-2015ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 86 DocuSign Envelope ID: D6D03502-8C5E-4590-B381-C 19A59483F94 I CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement It is understood and agreed that this endorsement amends the COMMERCIAL GENERAL LIABILITY COVERAGE PART as follows. If any other endorsement attached to this policy amends any provision also amended by this endorsement, then that other endorsement controls with respect to such provision, and the changes made by this endorsement with respect to such provision do not apply. TABLE OF CONTENTS 1. Additional Insureds 2. Additional Insured -Primary And Non~Contributory To Additional lnsured's Insurance 3. Bodily Injury -Expanded Definition 4. Broad Knowledge of Occurrence/ Notice of Occurrence 5. Broad Named Insured 6. Broadened Liability Coverage For Damage To Your Product And Your Work 7. Contractual Liability -Railroads 8. Electronic Data Llablllty 9. Estates, Legal Representatives and Spouses 10. Expected Or Intended Injury-Exception for Reasonable Force 11. General Aggregate Limits of Insurance -Per Project 12. In Rem Actions 13. Incidental Health Care Malpractice Coverage 14. Joint Ventures/Partnership/Limited Liability Companies 15. Legal Liability -Damage To Premises/ Alienated Premises/ Property In The Named lnsured's Care, Custody or Control 16. Liquor !,.lablllty 17. Medical Payments 18. Non-owned Aircraft Coverage 19. Non-owned Watercraft 20. Personal And Advertising Injury -Discrimination or Humiliation 21. Personal And Advertising Injury -Contractual Liability 22. Property Damage -Elevators 23. Supplementary Payments 24. Unintentional Failure To Disclose Hazards 25. Waiver of Subrogation -Blanket 26. Wrap-Up Extension: OCIP CCIP, or Consolidated (Wrap-Up) Insurance Programs CNA74705XX (1-15) Page 1 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No : 6076088378 Endorsement No: 2 Effective Date : 04/30/2019 Copyright CNA Aft Rights Reserved . Includes copyrighted material ot Insurance Services Office, Inc., with Its penniss ion. 87 DocuSign Envelope ID : O6O03502-8C5E-4590-B381 -C19A59483F94 I CN A CNA PARAMOUNT Contractors' General Liability Extension Endorsement 1. ADDITIONAL INSUREDS a. WHO IS AN INSURED is amended to include as an Insured any person or organization described in paragraphs A. through H. below whom a Named Insured is required to add as an additional insured on this Coverage Part under a written contract or written agreement, provided such contract or agreement: (1) is currently in effect or becomes effective during the term of this Coverage Part; and (2) was executed prior to: (a) the bodily Injury or property damage ; or (b) the offense that caused the personal and advertising injury, for which such additional insured seeks coverage. b. However, subject always to the terms and conditions of this policy, including the limits of insurance , the Insurer will not provide such additional insured with: (1) a higher limit of insurance than required by such contract or agreement ; or (2) coverage broader than required by such contract or agreement, and in no event broader than that described by the applicable paragraph A. through H. below . Any coverage granted by this endorsement shall apply only to the extent permissible by law. A. Controlling Interest Any person or organization with a controlling interest in a Named Insured, but on ly with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury arising out of: 1. such person or organization's financial control of a Named Insured; or 2. premises such person or organization owns , maintains or controls while a Named Insured leases or occupies such premises ; provided that the coverage granted by this paragraph does not apply to structural alterations , new construction or demolition operations performed by , on behalf of, or for such additional insured. B. Co-owner of Insured Premises A co-owner of a premises co-owned by a Named Insured and covered under this insurance but only with respect to such co-owner's liability for bodily injury, property damage or personal and advertising injury as co-owner of such premises . C. Lessor of Equipment Any person or organization from whom a Named Insured leases equipment, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused, in whole or in part, by the Named lnsured's maintenance , operation or use of such equipment, provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising Injury takes place prior to the termination of such lease . D. Lessor of Land Any person or organization from whom a Named Insured leases land but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such land , provided that the occurrence giving rise to such bodily injury, property damage or the offense giving rise to such personal and advertising injury takes place prior to the termination of such · Iease. The CN A74705XX (1-15) Page 2 of 17 . VALLEY FORGE INSURANCE COMPANY Ins ured Name: PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No: 2 Effective Date: 04/30/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc ., with its permission . · 88 DocuSign Envelope ID : D6O03502-8C5E-4590-B381 -C19A59483F94 eNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on beha lf of, or for such additional insured . E. Lessor of Premises An owner or lessor of premises leased to the Named Insured, or such owner or lessor's real estate manager, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of the ownership, maintenance or use of such part of the premises leased to the Named Insured, and provided that the occurrence giving rise to such bodily injury or property damage, or the offense giving rise to such personal and advertising injury, takes place prior to the termination of such lease. The coverage granted by this paragraph does not apply to structural alterations, new construction or demolition operations performed by, on behalf of, or for such additional insured . F. Mortgagee, Assignee or Receiver A mortgagee, assignee or receiver of premises but only with respect to such mortgagee, assignee or receiver's liability for bodily injury, property damage or personal and advertising injury arising out of the Named lnsured's ownership, maintenance, or use of a premises by a Named Insured. The coverage granted by this paragraph does not apply to structural alterations , new construction or demolition operations performed by, on behalf of, or for such additional insured. G. State or Governmental Agency or Subdivision or Political Subdivisions -Permits · A state or governmental agency or subdivision or political subdivision that has issued a permit or authorization but only with respect to such state or governmental agency or subdivision or political subdivision's liability for bodlly injury, property damage or personal and advertising injury arising out of: 1. the following hazards in connection with premises a Named Insured owns, rents, or controls and to which this insurance applies : a. the existence, maintenance, repair, construction, erection, or removal of advertising signs , awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoistaway openings, sidewalk vaults , street banners, or decorations and similar exposures; or b. the construction , erection , or removal of elevators; or c. the ownership, maintenance or use of any elevators covered by this insurance; or 2. the permitted or authorized operations performed by a Named Insured or on a Named lnsured's behalf. The coverage granted by this paragraph does not apply to: a. Bodily injury, property damage or personal and advertising injury arising out of operations performed for the state or governmental agency or subdivision or political subdivision; or b. Bodily injury or property damage included within the products-completed operations hazard. With respect to this provision's requirement that additional insured status must ~ requested under a written contract or agreement, the Insurer will treat as a written contract any governmental permit that requires the Named Insured to add the governmental entity as an additional insured. H. Trade Show Event Lessor 1. With respect to a Named lnsured's participation in a trade show event as an exhibitor, presenter or displayer, any person or organization whom the Named Insured is required to include as an additional insured, but only with respect to such person or organization's liability for bodily injury, property damage or personal and advertising injury caused by: CNA74705XX (1-15) Page 3 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No: 2 Effective Date: 04 / 3 o-; 2 o 19 Copyright CNA All Righ1s Reserved . Includes copyrighted material of Insurance Services Office , Inc., with its permission. 89 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C 19A59483F94 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement a. the Named lnsured's acts or omissions; or b. the acts or omissions of those acting on the Named lnsured's behalf, in the performance of the Named lnsured's ongoing operations at the trade show event premises during the trade show event. 2. The coverage granted by this paragraph does not apply to bodily injury or property damage included within the products-completed operations hazard. 2. ADDITIONAL INSURED -PRIMARY AND NON-CONTRIBUTORY TO ADDITIONAL INSURED'$ INSURANCE The Other Insurance Condition in the COMMERCIAL GENERAL LIABILITY CONDITIONS Section is amended to add the following paragraph: If the Named Insured has agreed in writing in a contract or agreement that this insurance is primary and non- contributory relative to an additional insured's own insurance, then this insurance is primary, and the Insurer will not seek contribution from that other insurance. For the purpose of this Provision 2., the additional insured's own insurance means insurance on which the additional insured is a named insured . Otherwise, and notwithstanding anything to the contrary elsewhere in this Condition, the insurance provided to such person or organization is excess of any other insurance avaih3ble to such person or organization. 3. BODILY INJURY -EXPANDED DEFINITION Under DEFINITIONS, the definition of bodily injury is deleted and replaced by the following: Bodily injury means physical injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury sustained by that person at any time which results as a consequence of the physical injury, sickness or disease . 4. BROAD KNOWLEDGE OF OCCURRENCE/ NOTICE OF OCCURRENCE Under CONDITIONS, the condition entitled Duties in The Event of Occurrence, Offense, Claim or Suit is amended to add the following provisions: A. BROAD KNOWLEDGE OF OCCURRENCE The Named Insured must give the Insurer or the Insurer's authorized representative notice of an occurrence, offense or clalm only when the occurrence, offense or claim is known to a natural person Named Insured, to a partner, executive officer, manager or member of a Named Insured, or an employee designated by any of the above to give such notice. · B. NOTICE OF OCCURRENCE The Named lnsured's rights under this Coverage Part will not be prejudiced if the Named Insured fails to give the Insurer notice of an occurrence, offense or claim . and that failure is solely due to the Named lnsured's reasonable belief that the bodily injury or property damage is not covered under this Coverage Part . However, the Named Insured shall give written notice of such occurrence, offense or claim to the Insurer as soon as the Named Insured is aware that this insurance may apply to such occurrence, offense or claim. 5. BROAD NAMED INSURED WHO IS AN INSURED is amended to delete its Paragraph 3. in its entirety and replace it with the following: 3. Pursuant to the limitations described in Paragraph 4. below, any organization in which a Named Insured has management control : a. on the effective date of this Coverage Part; or CNA74705XX (1-15) Page 4 of 17 VAL LEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No : 6076088378 Endorsement No: 2 Effective Date: 04/30/2019 Copyright CNA All Rights Reserved . Includes copyrighted material c1 Insurance Services Office. Inc .• with its permission. 90 DocuSign Envelope ID : D6D03502-8C5E-4590-B38 1-C 19A59483F94 ~ -= e NA CNA PARAMOUNT Contractors' General Liability Extension Endorsement b. by reason of a Named Insured creating or acquiring the organization during the policy period, qualifies as a Named Insured , provided' that there is no other similar liability insurance, whether primary, contributory, excess, cont ingent or otherwise, which provides coverage to such organization, or which would have provided coverage but for the exhaustion of its limit, and without regard to whether its coverage is broader or narrower than that provided by this insurance. But this BROAD NAMED INSURED provision does not apply to : (a) any partnership, lim ited liability company or joint venture; or (b) any organization for which coverage Is excluded by another endorsement attached to this Coverage Part. For the purpose of this provision, management control means: A. own ing interests representing more than 50% of the voting , appoin tment or designation power for the selection of a major ity of the Board of Directors of a corporation ; or B. having the right, pursuant to a written trust agreement, to protect, control the use of, encumber or transfer or sell property held by a trust. 4. With respect to organizations which qualify as Named Insureds by virtue of Paragraph 3. above , this insurance does not apply to: a. bodily injury or property damage that first occurred prior to the date of management control , or that first occurs after management control ceases; nor b. personal or advertising Injury caused by an offense that first occurred prior to the date of management control or that first occ urs after management control ceases . 5. The Insurance provided by this Coverage Part applies to Named Insureds when trad ing under their own names or under such other trading names or doing ~business-as names (dba) as any Named Insured should choose to employ . 6. BROADENED LIABILITY COVERAGE FOR DAMAGE TO YOUR PRODUCT AND YOUR WORK A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusions k. and I. and replace them with the following: This insurance does not apply to : k. Damage to Your Product Property damage to your product arising out of it, or any part of it except when caused by or resulting from: (1) fire; (2) smoke ; (3) collapse; or (4) explosion. I. Damage to Your Work Property damage to your work arising out of it, or any part of it and included in the products-completed operations hazard. This exclusion does not app ly: (1) If the damaged work , or the work out of which the damage arises , was performed on the Named lnsured's behalf by a subcontractor; or CNA74705XX (1-15) Page 5 of 17 VALLEY FORGE INSURANCE COM PANY Insured Name : PREC I SION EMPRI SE, LLC Policy No : 6076088378 Endorsement No: · 2 Effective Date : 04/30/2019 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office , Inc., with Its permission. 91 DocuSign Enve lope ID : D6D03502-8C5E-4590-B381-C19A59483F94 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) If the cause of loss to the damaged work arises as a result of: (a) fire; {b) smoke; (c) collapse ; or {d) explosion . B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above , $100 ,000 is the most the Insurer will pay under Coverage A for the sum of damages arising out of any one occurrence because of property damage to your product and your work that is caused by fire, smoke, collapse or explosion and is included within the product-completed operations hazard. This sublim it does not apply to property damage to your work if the damaged work , or the work out of which the damage arises, was performed on the Named lnsured's behalf by a subcontractor. C. This Broadened Liability Coverage For Damage To Your Product And Your Work Provision does not apply if an endorsement of the same name is attached to this policy. 7 . CONTRACTUAL LIABILITY-RAILROADS With respect to operations performed within 50 feet of railroad property , the definition of insured contract is replaced by the following: Insured Contract means : a. A contract for a lease of premises . However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner is not an insured contract; b. A sidetrack agreement ; c. Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality; e. An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to the Named lnsured's business (including an indemnification of a municipality in connection with work performed for a municipality) under which the Named Insured assumes the tort liability of another party to pay for bodily Injury or property damage to a third person or organ ization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies an arch itect , engineer or surveyor for injury or damage arising out of: (a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions , reports, surveys , field orders, change orders or drawings and specifications; or (b) Giving directions or instructions , or failing to give them , if that is the primary cause of the injury or damage; (2) Under which the Insured, if an architect , engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, includ ing those listed in (1) above and supervisory, inspection, architectural or engineering activities . 8. ELECTRONIC DATA LIABILITY CNA74705XX (1-15) Pag e 6 of 17 VAL LEY FORGE INSURANCE COMPANY Insu red Name : PRECISION EMPRISE, LLC Policy No : 6076088378 Endorsement No : 2 Effective Date: 04/30/2019 Copyright CNA Al l Rights Reserved . lnctudes copyrighted material of Insurance Services Office , Inc., with its permission . 92 DocuSign Envelope ID : D6D03502-8C5E-4590-B381 -C19A59483F94 = eNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion p. Electronic Data and replace it with the following: This insurance does not apply to: p. Access Or Disclosure Of Confidential Or Personal Information And Data-related Liability Damages arising out of: (1) any access to or disclosure of any person's or organization's confidential or personal information, including patents , trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or (2) the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate electronic data that does not result from physical injury to tangible property. However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of bodily injury. This exclusion app li es even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relation expenses or any other loss, cost or expense incurred by the Named Insured or others arising out of that which is described in Paragraph (1) or (2) above. B. The following paragraph is added to LIMITS OF INSURANCE: Subject to 5. above, $100,000 is the most the Insurer will pay under Coverage A for all damages arising out of any one occurrence because of property damage that results from physical injury to tangible property and arises out of electronic data. C. The following definition is added to DEFINITIONS: Electronic data means information , facts or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMS, tapes, drives, cells, data processing devices or any other media which are used with electronically controlled equipment. D. For the purpose of the coverage provided by this ELECTRONIC DATA LIABILITY Provision, the definition of property damage in DEFINITIONS is replaced by the following: Property damage means: a. Physical injury to tangible property, including all resulting loss of use of that property . All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the occurrence that caused it; or c. Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate electronic data, resulting from physical injury to tangible property . All such loss of electronic data shall be deemed to occur at the time of the occurrence that caused it. For the purposes of this insurance , electronic data is not tangible property. E. If Electronic Data Liability is provided at a higher limit by another endorsement attached to this policy, then the $100,000 limit provided by this ELECTRONIC DATA LIABILITY Provision is part of, and not in addition to, that higher limit. 9. ESTATES, LEGAL REPRESENTATIVES, AND SPOUSES The estates, heirs, legal representatives and spouses of any natural person Insured shall also be insured under this policy; provided, however, coverage is afforded to such estates , heirs, legal representatives, and spouses only for CNA74705XX (1-15) Page 7 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No: 2 Effective Date: 04/30/2019 Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office, Inc ., with tts permission . 93 DocuSign Envelope ID : D6D03502-BCSE-4590-B381-C 19A59483F94 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement clalms arising solely out of their capacity or status as such and, in the case of a spouse, where such claim seeks damages from marital community property, jointly held property or property transferred from such natural person Insured to such spouse. No coverage is provi_ded for any act, error or omission of an estate,. heir, legal representative, or spouse outside the scope of such person's capacity or status as such, provided however that the spouse of a natural person Named Insured and the spouses of members or partners of joint venture or partnership Named Insureds are Insureds with respect to such spouses' acts, errors or omissions in the conduct of the Named lnsured's business. 10. EXPECTED OR INTENDED INJURY -EXCEPTION FOR REASONABLE FORCE Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Expected or Intended Injury and replace it with the following: This insurance does not apply to: Expected or Intended Injury Bodily injury or property damage expected or intended from the standpoint of the Insured. This exclusion does not apply to bodily injury or property damage resulting from the use of reasonable force to protect persons or property. 11. GENERAL AGGREGATE LIMITS OF INSURANCE -PER PROJECT A. For each construction project away from premises the Named Insured owns or rents, a separate Construction Project General Aggregate Limit, equal to the amount of the General Aggregate Limit shown in the Declarations, is the most the Insurer will pay for the sum of: 1. All damages under Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 2. All medical expenses under Coverage C, that arise from occurrences or accidents which can be attributed solely to ongoing operations at that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations, nor the Construction Project General Aggregate Limit of any other construction project. B. All _: 1. Damages under Coverage B, regardless of the number of locations or construction projects involved; 2. Damages under Coverage A, caused by occurrences which cannot be attributed solely to ongoing operations at a single construction project, except damages because of bodily injury or property damage included in the products-completed operations hazard; and 3. Medical expenses under Coverage C caused by accidents which cannot be attributed solely to ongoing operations at a single construction project, will reduce the General Aggregate Limit shown in the Declarations. C. The limits shown in the Declarations for Each Occurrence, for Damage To Premises Rented To You and for Medical Expense continue to apply, but will be subject to either the Construction Project General Aggregate Limit or the General Aggregate Limit shown in the Declarations, depending on whether the occurrence can be attributed solely to ongoing operations at a particular construction project. D. When coverage for liability arising out of the products-completed operations hazard is provided, any payments for damages because of bodily injury or property damage included in the products-completed operations hazard will reduce the Products-Completed Operations Aggregate Limit shown in the Declarations, regardless of the number of projects involved. CNA74705XX (1 -15) Page 8 of 17 VALLEY FORGE INSURANCE COMPANY Insu red Name: PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No: 2 Effective Date: 04/30/2019 Copyright CNA A ll Rights Reserved . lndudes copyrighted material of Insurance Services Office, Inc .• with its permission . 94 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C 19A59483F94 iiiiiiiiii = ......... = -= CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement E. If a single construction project away from premises owned by or rented to the Insured has been abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. F. The provisions of LIMITS OF INSURANCE not otherwise modified by this endorsement shall continue to apply as stipulated. 12. IN REM ACTIONS A quasi In rem action against any vessel owned or operated by or for the Named Insured, or chartered by or for the Named Insured, will be treated in the same manner as though the action were in personam against the Named Insured . 13. INCIDENTAL HEALTH CARE MALPRACTICE COVERAGE Solely with respect to bodily injury that arises out of a health care incident: A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Insuring Agreement is amended to replace Paragraphs 1.b.(1) and 1.b.(2) with the following: b. This insurance applies to bodily injury provided that the professional health care services are incidental to the Named lnsured's primary business purpose, and only if: (1) such bodily injury is caused by an occurrence that takes place in the coverage territory. (2) the bodily injury first occurs during the policy period. All bodily injury arising from an occurrence will be deemed to have occurred at the time of the first act, error, or omission that is part of the occurrence; and B. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to : i. add the following to the Employers Liability exclusion: This exclusion applies only if the bodily injury arising from a health care inci_dent is covered by other liability insurance available to the Insured (or which would have been available but for . exhaustion of its limits). ii. delete the exclusion entitled Contractual Liability and replace it with the following: This insurance does not apply to: Contractual Liability the lnsured's actual or alleged liability under any oral or written contract or agreement, including but not limited to express warranties or guarantees. iii. add the following additional exclusions: This insurance does not apply to: Discrimination any actual or alleged discrimination, humiliation or harassment, including but not limited to claims based on an individual's race, creed, color, age, gender, national origin , religion, disability, marital status or sexual orientation . Dishonesty or Crime Any actual or alleged dishonest, criminal or malicious act , error or omission . Medicare/Medicaid Fraud CNA74705XX (1-15) Page 9 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No: 2 Effective Date : 04/30/2019 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office , Inc ., with Its permission . 95 DocuSign Enve lope ID : D6D03502-8C5E-4590-B381-C19A59483F94 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement any actual or alleged violation of law with respect to Medicare, Medicaid, Tricare or any similar federal, state or local governmental program. Services Excluded by Endorsement Any health care Incident for which coverage is excluded by endorsement. C. DEFINITIONS is amended to: i. add the following definitions: Health care incident means an act, error or omission by the Named lnsured's employees or volunteer workers in the rendering of: a. professional health care services on behalf of the Named Insured or b. Good Samaritan services rendered in an emergency and for which no payment is demanded or received. Professional health care services means any health care services or the related furnishing of food, beverages, medical supplies or appliances by the following providers in their capacity as such but solely to the extent they are duly licensed as required: a. Physician; b. Nurse; c. Nurse practitioner; d. Emergency medical technician; e. Paramedic; f. Dentist; g. Physical therapist; h. Psychologist; i. Speech therapist; j. Other allied health professional; or Professional health care services does not include any services rendered in connection with human clinical trials or product testing. ii. delete the definition of occurrence and replace it with the following: Occurrence means a health care incident. All acts, errors or omissions that are logically connected by any common fact, circumstance, situation, transaction, event, advice or decision will be considered to constitute a single occurrence; iii. amend the definition of Insured to: a. add the following: the Named lnsured's employees are Insureds with respect to: (1) bodily injury to a co-employee while in the course of the co-employee's employment by the Named Insured or while performing duties related to the conduct of the Named lnsured's business; and CNA74705XX (1-15) Page 10 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No: 2 Effective Date: 04/30/2019 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office, Inc .• with its permission . 96 DocuSign Envelope ID : D6D03502-8C5E-4590-B38 1-C 19A59483F94 8 g ~ :a !:! ,__ :il ~ 0 8 .§ iiiiiiiiii = = iii - CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement (2) bodily injury to a volunteer worker while performing duties related to the conduct of the Named lnsured's business; when such bodily injury arises out of a health care incident. the Named lnsured's volunteer workers are Insureds with respect to: (1) bodily injury to a co-volunteer worker while performing duties related to the conduct of the Named lnsured's business ; and (2) bodily i njury to an employee while in the course of the employee's employment by the Named Insured or while performing duties related to the conduct of the Nam,d lnsured's business ; when such bodlly Injury arises out of a health care Incident . b. delete Subparagraphs (a}, (b), (c) and (d) of Paragraph 2.a.(1} of WHO IS AN INSURED . D. The Other Insurance condition is amended to delete Paragraph b.(1) in its entirety and replace it with the following : Other Insurance b. · Excess Insurance (1) To the extent this in surance applies, it is excess over any other insu rance, self insurance or risk transfe r instrument , whether primary, excess , contingent or on any other basis, except for insurance purchased specifically by the Named Insured to be excess of this coverage . 14. JOINT VENTURES / PARTNERSHIP / LIMITED LIABILITY COMPANIES WHO IS AN INSURED is amen ded to delete its last paragraph and replace it with the following : No person or organization is an Insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations , except that if the Named Insured was a joint venturer, partner, or member of a limited liability company and such joint venture, partnership or limited liability company terminated prior to or during the policy period, such Named Insured is an Insured with respect to its interest in such joint venture , partnership or limited liability company but only to the extent that: a. b. c. any offense giving rise to personal and advertising injury occurred prior to such termination date, and the personal and advertising injury arising out of such offense first occurred after such termination date ; the bodily injury or property damage first occurred after such termination date ; and . there is no other valid and collectible insurance purchased specifically to insure the partnership, joint venture or limited liability company: and If the Joint venture, partnership or limited liability company is or was insured under a consolidated {wrap-up) Insurance program , then such Insurance will always be considered valid and collectible for the purpose of paragraph c. above . But this provision will not serve to exclude bodily injury, property damage or personal and advertising Injury that would otherwise be covered under the Contractors General Liability Extension Endorsement provision entitled WRAP-UP EXTENSION : OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS . Please see that provision for the definition of consolidated (wrap-up) insurance program . 15. LEGAL LIABILITY -DAMAGE TO PREMISES / ALIENATED PREMISES / PROPERTY IN THE NAMED INSURED'S CARE, CUSTODY OR CONTROL A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete exclusion j. Damage to Property in its entirety and replace it with the following : This insurance does not apply to: CNA74705XX (1 -15) Page 11 of 17 VALLEY FORGE INSURANCE COM PANY Insured Name: PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No.: 2 Effective Date : 04/30/2019 Copyright CNA All Rights Reserve d. Includes copyrighted material of Insurance Services Office, Inc ., with its permission . 97 DocuSign Enve lope ID : D6O03502-8C5E-4590-8381-C19A59483F94 CNA PARAMOUNT Contractors' General Liability Extension Endorsement j. Damage to Property Property damage to: (1) Property the Named Insured owns, rents, or occupies, including any costs or expenses incurred by you, or any other person , organization or entity, for repair, replacement , enhancement, restoration or maintenance of such property for any reason ; including prevention of injury to a person or damage to another's property; (2) Premises the Named Insured sells, gives away or abandons, if the property damage arises out of any part of those premises; (3) Property loaned to the Named Insured; (4) Personal property in the care , custody or control of the Insured ; (5) That particular part of real property on which the Named Insured or any contractors or subcontractors working directly or indirectly on the Named lnsured's behalf are performing operations, if the property damage arises out of those operations; or (6) That particular part of any property that must be restored, repaired or replaced because your work was incorrectly performed on it. Paragraphs (1), (3) and (4) of this exclusion do not apply to property damage (other than damage by fire) to premises rented to 'the Named Insured or temporarily occupied by the Named Insured with the permission of the owner, nor to the contents of premises rented to the Named Insured for a period of 7 or fewer consecutive days . A separate limit of insurance applies to Damage To Premises Rented To You as described in LIMITS OF INSURANCE . Paragraph (2) of this exclusion doe;, not apply if the premises are your work . Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed unde r a sidetrack agreement. Paragraph (6) of this exclusion does not apply to property damage included in the products-completed operations hazard. Paragraphs (3) and (4) of this exclusion do not apply to property damage to : i. tools, or equipment the Named Insured borrows from others, nor ii. other personal property of others in the Named lnsured's care, custody or control while being used in the Named lnsured's operations away from any Named lnsured's premises. However, the coverage granted by this exception to Paragraphs (3) and (4) does not apply to: a. property at a job site awaiting or during such property's installation, fabrication, or erection ; b. property that is mobile equipment leased by an Insured; c. property that is an auto, aircraft or watercraft; d. property in transit; or e. any portion of property damage for which the Insured has available other valid and collectible insurance, or would have such insurance but for exhaustion of its limits, or but for application of one of its exclusions . A separate limit of insurance and deductible apply to such property of others . See LIMITS OF INSURANCE as amended below . CNA74705XX (1-15) Page 12 of 17 VALLEY FORGE INSURANCE COMPANY Ins ured Name: PRECISION EMPRISE, LLC Policy No : 6076088378 Endorsement No: 2 Effective Date: 04/30/2019 Copyright CNA A ll Rights Reserved. lndudes copyrighted material of Insurance Services Office, Inc., with its permission . 98 DocuSign Envelope ID : D6D03502-8C5E-4590-B 381 -C 19A59483F94 i i = = -= CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete its last paragraph and replace it with the following: Exclusions c. through n. do not apply to damage by fire to premises while rented to a Named Insured or temporarily occupied by a Named Insured with permission of the owner, nor to damage to the contents of premises rented to a Named Insured for a period of 7 or fewer consecutive days. A separate limit of insurance appl ies to this coverage as described in LIMITS OF INSURANCE. C. The following paragraph is added to LIMITS OF INSURANCE : Subject to 5. above , $25 ,000 is the most the Insurer will pay under Coverage A for damages arising out of any one occurrence because of the sum of all property damage to borrowed tools or equipment, and to other personal property of others in the Named lnsured's care ; custody or control , while being used in the Named lnsured's operations away from any Named lnsured's premises . The Insurer's obligation to pay such property damage does not apply until the amount of such property damage exceeds $1 ,000 . The Insurer has the right but not the duty to pay any port ion of this $1,000 in order to effect settlement. If the Insurer exercises that right, the Named Insured will promp tl y reimburse the Insurer for any such amount. D. Paragraph 6., Damage To Premises Rented To You Lim it, of LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, (the Each Occurrence Limit), the Damage To Premises Rented To You Limit is the most the Insurer will pay under Coverage A for damages because of property damage to any one premises while rented to the Named Insured or temporarily occupied by the Named Insured with the perm ission of the owner, including contents of such premises rented to the Named Insured for a period of 7 or fewer consecutive days . The Damage To Premises Rented To You Lim it is the greater of: a. $500 ,000 ; or b. The Damage To Premises Rented To You Limit shown in the Declarations . E. Paragraph 4.b.(1)(a)(II) of th e Other Insurance Condition Is deleted and replaced by the following: (ii) That is property Insurance for premises rented to the Named Insured, for premises temporarily occupied by the Named Insured with the permission of the owner; or for personal property of others in the Named lnsured's care, custody or control; 16. LIQUOR LIABILITY Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Liquor Llablllty. This LIQUOR LIABILITY provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part . 17. MEDICAL PAYMENTS A . LIMITS OF INSURANCE is amended to delete Paragraph 7. (the Medica l Expense Limit) and replace it with the following: 7. Subject to Paragraph 5. above (the Each Occurrence Limit), the Medical Expense Limit is the most the Insurer will pay under Coverage C -Medical Payments for all medical expenses because of bodily injury sustained by any one person . The Medical Expense Limit is the greater of: (1) $15 ,000 unless a di fferent amount is shown here: $N ,NNN,NNN,NNN; or (2) the amount shown in the Declarations for Medical Expense Limit. CNA74705XX (1 -15) Page 13 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name : PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No : 2 Effective Date : 04/30/2019 Copyright CNA Al l Rights Reserved . Includes copyrighted ma terial of Insurance Services Office , Inc ., with Its permiss ion. 99 DocuSign Envel ope ID : D6D03502-8C5E-4590-B381-C19A59483F94 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Under COVERAGES, the Insuring Agreement of Coverage C -Medical Payments is amended to replace Paragraph 1.a.(3)(b) with the following: (b) The expe.nses are incurred and reported to the Insurer within three years of the date of the accident: and 18. NON-OWNED AIRCRAFT Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended as follows: The exclusion entitled Aircraft, Auto or Watercraft is amended to add the following: This exclusion does not apply to an aircraft not owned by any Named Insured, provided that: 1. the pilot in command holds a currently effective certificate issued by the duly constituted authority of the United States of America or Canada, designating that person as a commercial or airtine transport pilot; 2. the aircraft is rented with a trained, paid crew to the Named Insured; and 3. the aircraft is not being used to carry persons or property for a charge . 19. NON-OWNED WATERCRAFT Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended to delete subparagraph (2) of the exclusion entitled Aircraft, Auto or Watercraft, and replace it with the following. This exclusion does not apply to: (2) a watercraft that is not owned by any Named Insured, provided the watercraft is: (a) less than 75 feet long; and ·(b) not being used to carry persons or property for a charge. 20. PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION A. Under DEFINITIONS, the definition of personal and advertising injury is amended to add the following tort: Discrimination or humiliation that results · in Injury to the feelings or reputation of a natural person. B. Under COVERAGES, Coverage B -Personal and Advertising Injury Liability, the paragraph entitled Exclusions is ~mended to: 1. delete the Exclusion entitled Knowing Violation Of Rights Of Another and replace it with the following: This insurance does not apply to: Knowing Violation of Rights of Another Personal and advertising injury caused by or at the direction of the Insured with the knowledge that the act would violate the rights of another and would inflict personal and advertising Injury. This exclusion shall not apply to discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is not done intentionally by or at the direction of: (a) the Named Insured; or (b) any executive officer, director, stockholder, partner, member or manager (if the Named Insured is a limited liability company) of the Named Insured . 2. add the following exclusions: CNA74705XX (1-15) Page 14 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No: 2 Effective Date: 04/30/2019 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office, Inc .. with its permission . 100 DocuSign Envelope ID: D6O03502-8C5E-4590-B381-C19A59483F94 CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement This insurance does not apply to: Employment Related Discrimination Discrimination or humiliation directly or indirectly related to the employment, prospective employment, past employment or term ination of employment of any person by any Insured . Premises Related Discrimination discrimination or humiliation arising out of the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any Insured. Notwithstanding the above, there is no coverage for fines or penalties levied or imposed by a governmental entity because of discrimination . The coverage provided by this PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization whose status as an Insured derives solely from Provision 1. ADDITIONAL INSURED of this endorsement; or attachment of an additional insured endorsement to this Coverage Part. This PERSONAL AND ADVERTISING INJURY -DISCRIMINATION OR HUMILIATION Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 21. PERSONAL AND ADVERTISING INJURY -CONTRACTUAL LIABILITY A. Under COVERAGES, Coverage B -Personal and Advertising Injury Liability, the paragraph entitled Exclusions is amended to delete the exclusion entitled Contractual Liability . B. Solely for the purpose of the coverage provided by this PERSONAL AND ADVERTISING . INJURY • CONTRACTUAL LIABILITY provision, the following changes are made to the section entitled SUPPLEMENTARY PAYMENTS -C_OVERAGES A AND 8: 1. Paragraph 2.d. is replaced by the following: d. The allegations in the suit and the information the Insurer knows about the offense alleged in such suit are such that no conflict appears to exist between the interests of the Insured and the interests of the · indemnitee; 2. The first unnumbered paragraph beneath Paragraph 2.f.(2)(b) is deleted and replaced by the following: So long as the above conditions are met , attorneys fees Incurred by the Insurer in the defense of that indemnitee, necessary litigation expenses incurred by the Insurer, and necessary litigation expenses incurred by the indemnitee at the Insurer's request will be paid as defense costs . Such payments will not be deemed to be damages for personal and advertising injury and will not reduce the limits of insurance . C. This PERSONAL AND ADVERTISING INJURY • CONTRACTUAL LIABILITY Provision does not apply if Coverage B -Personal and Advertising Injury Liability is excluded by another endorsement attached to this Coverage Part . This PERSONAL AND ADVERTISING INJURY • CONTRACTUAL LIABILITY Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. 22. PROPERTY DAMAGE-ELEVATORS A. Under COVERAGES, Coverage A -Bodily Injury and Property Damage Liability, the paragraph entitled Exclusions is amended such that the Damage to Your Product Exclusion and subparagraphs (3), (4) and (6) of the Damage to Property Exclusion do not apply to property damage that results from the use of elevators . CNA74705XX (1-15) Page 15 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name : PRECISION EMPR I SE, LLC Policy No: 6076088378 Endorsement No: 2 Effective Date : 04/30/2019 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office, Inc., with i1s permission . 101 DocuSign Envelope ID : D6O03502-8C5E-4590-B381-C19A59483F94 eNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement B. Solely for the purpose of the coverage provided by this PROPERTY DAMAGE -ELEVATORS Provision, the Other Insurance conditions is amended to add the following paragraph: This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis that is Property insurance covering property of others damaged from the use of elevators . 23. SUPPLEMENTARY PAYMENTS The section entitled SUPPLEMENTARY PAYMENTS-COVERAGES A AND Bis amended as follows : A. Paragraph 1.b. is amended to delete the $250 limit shown for the cost of bail bonds and replace it with a $5,000. limit; and · B. Paragraph 1.d. is amended to delete the limit of $250 shown for daily loss of earnings and replace it with a $1,000 . limit. 24. UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS If the Named Insured unintentionally fails to disclose all existing hazards at the inception date of the Named lnsured's Coverage Part, the Insurer will not deny coverage under this Coverage Part because of such failure . 25. WAIVER OF SUBROGATION· BLANKET Under CONDITIONS, the condition enti11ed Transfer Of Rights Of Recovery Against Others To Us is amended to add the following : The Insurer waives any right of recovery the Insurer may have against any person or organization because of payments the Insurer makes for injury or damage arising out of: 1. the Nam.ed lnsured's ongoing operations; or 2 . your work included in the products-completed operations hazard. However, this waiver applies only when the Named Insured has agreed in writing to waive such rights of recovery in a written contract or written agreement, and only if such contract or agreement: 1 . is in effect or becomes effective during the term of this Coverage Part; and 2. was executed prior to the bodily injury, property damage or personal and advertising injury giving rise to the claim . 26. WRAP-UP EXTENSION: OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Note: The following provision does not apply to any public construction project in the state of Oklahoma, nor to any construction project in the state of Alaska , that is not permitted to be insured under a consolidated (wrap-up) Insurance program by applicable state statute or regulation . If the endorsement EXCLUSION -CONSTRUCTION WRAP-UP is attached to this policy, or another exclusionary endorsement pertaining to Owner Controlled Insurance Programs (O.C .I.P.) or Contractor Controlled Insurance Programs (C .C.I.P.) Is attached , then the following changes apply: · A. The following wording is added to the above-referenced endorsement: With respect to a consolidated (wrap-up) Insurance program project in which the Named Insured is or was involved, this exclusion does not apply to those sums the Named Insured become legally obligated to pay as damage$ because of: 1. Bodily injury, property damage, or personal or advertising Injury that occurs during the Named lnsured's · ongoing operations at the project , or during such operations of anyone acting on the Named lnsured's behalf; nor CNA74705XX {1-15) Pag e 16 of 17 VAL LEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No: 2 Effective Date: 04/30/2019 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office , Inc., with its permission. 102 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C 19A59483F94 iiiiiiii - iiiiiiiii = CNA CNA PARAMOUNT Contractors' General Liability Extension Endorsement 2. Bodily injury or property damage included within the products-completed operations hazard that arises out of those portions of the project that are not residential structures. B. Condition 4. Other Insurance is amended to add the following subparagraph 4.b.(1)(c): This insurance is excess over: (c) Any of the other insurance whether primary, excess, contingent or any other basis that is insurance available to the Named Insured as a result of the Named Insured being a participant in a consolidated (wrap-up) insurance program, but only as respects the Named lnsured's involvement in that consolidated (wrap-up) insurance program . C. DEFINITIONS is amended to add the following definitions: Consolldated (wrap-up) insurance program means a construction, erection or demolition project for which the prime contractor/project manager or owner of the construction project has secured general liability insurance covering some or all of the contractors or subcontractors Involved in the project, such as an Owner Controlled Insurance Program (O.C.I.P .) or Contractor Controlled· Insurance Program (C.C.I.P.). Residential structur, means any structure where 30% or more of the square foot area is used or is intended to be used for human residency, including but not limited to: 1. single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments; and 2. the common areas and structures appurtenant to the structures in paragraph 1. (including pools, hot tubs, detached garages, guest houses or a_ny similar structures). However, when there is no individual ownership of units, residential structure does not include military housing, college/university housing or dormitories, long term care facilities, hotels or motels. Residential structure also does not include hospitals or prisons . This WRAP-UP EXTENSION : OCIP, CCIP, OR CONSOLIDATED (WRAP-UP) INSURANCE PROGRAMS Provision does not apply to any person or organization who otherwise qualifies as an additional insured on this Coverage Part. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below , and expires concurrently with said Policy . CNA74705.XX (1-15) Page 17 of 17 VALLEY FORGE INSURANCE COMPANY Insured Name: PRECISION EMPRISE, LLC Policy No: 60760883 78 Endorsement No: 2 Effective Date: 04 / 3 o / 2 o 19 Copyright CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office , Inc ., with 11s permission . 103 DocuSign Envel ope ID : D6D03502-8C5E-4590-B381-C 19A59483F94 I i ----= iiiiiiii.i -=== illiiiiiiiiiii = - iiiiiiii=: -illiiiiiiiiiii CNA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors -with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows : I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an 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 or in 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. iri the 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 under the 11-85 edition , 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of' language ; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I. above is deleted in its entirety and replaced by the following : WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily Injury , property damage or personal and advertising Injury arising out of your work that is subject to such written contract. Ill. Subject always to the 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 by the 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 fo r which the additional insured is specifically listed as an 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 VALLEY FORGE INSURANCE COMPANY Ins ured Name: PRECISION EMPRISE, LLC Policy No: 6076088378 Endorsement No: 3 Effective Date: 04/30/2019 Copyright .CNA All Rights Reserved . Includes copyrighted material of Insurance Services Office , Inc ., with its permiss ion . 104 DocuSign Envelope ID : D6D03502-8C5E-4590-B381 -C 19A59483F94 CNA CNA PARAMOUNT Blanket Additional Insured -Owners, Lessees or Contractors • with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured , this insurance is primary to and will not seek contribution from such othe r insurance , provided that a written contract requires the insurance provided by this policy to be : 1. primary and non-contributi ng with other insurance available to the additional insured; or 2. primary and to not 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 ent itled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to th is endorsement will as soon as practicable: 1. give the Insurer written not ic e of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all lega l papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any 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, if the written contract requ ires this insurance to be primary and non-contributory , this paragraph 3. does not apply to insurance on which the additional insured is a named insured . The Insurer has no duty to defe nd or indemnify an additional insured under this endorsement until the Insurer rece ives written notice of a claim from the add itional 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 writte n cont ract 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 insu red seeks coverage . Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy . CNA75079:XX (10-16) Page 2 of 2 VALLEY FORGE INSURANCE COM PANY Insured Name : PRECISION EMPR I SE, LLC Policy No : 6076088378 Endorsement No: 3 Effective Date: 04/30/2019 Copyright CNA All Rights Reserve d. Includes copyrighted material of Insurance Services Office , Inc., with its permission . 105 DocuSign Envelope ID : D6D03502-8C5E-4590-B381 -C19A59483F94 (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA BLANKET BASIS We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule . (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us .) The additional premium for this endorsement shall be calculated by applying a factor of 2% to the total manual premium , with a minimum initial charge of $350 , then applying all other pricing factors for the policy to this calculated charge to derive the final cost of this endorsement. This ag r eement shall not operate directly or indirectly to benefit anyone not named in the Schedule . Blanke t Waiver Person/Organization Job Description All CA Operations Schedule Blanket Waiver -Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver . Waiver Premium (prior to adjustments) This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequentto preparation of the policy.) Endorsement Effective : 06/30/2019 Insured : Precision Emprise , LLC Policy No.: PRWC022226 Endorsement No.: Precision Emprise , Inc. Insurance Company : Cypress Insurance Company WC990410C (Ed . 01-19) Premium$ ))~Rf-1,4_ .. Countersigned by _________ '-~----- 106 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C19A59483F94 EXHIBIT C FORM 590 107 DocuSign Envelope ID : D6D03502-8C5E-4590-B381 -C19A59483F94 TAXABLE YEAR • CALIFORNIA FORM 2019 Withholding Exemption Certificate 590 The payee completes this form and submits It to the withholding agent. The withholding agent keeps this form with their records. Withho lding Agent lnfonnaUon Name Pavee Information Name 0 SSN or ITIN ~ FEIN D CA Colp no. D CA sos Ille no. Precisi on Emprise LLC 8 . 2 •. 1 3 5 .3 4 7 2 Address (apt./ste., room , PO box, or PMS no.) 335 Beach Rd City (H you have a forel gn addrlJ66 , see instructions.) Burling~me Exempti on Reason Check only one box. State ZIP code c A 9 .4 o 1 O By checking the appropriate box below, the payee certifies the reason for the exemption from the California Income tax withholding requ irements on payment(s) made to the entity or individual. D lndlvlduals -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. · • 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 pennanent 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 . 1i1 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 retu.rn. If the partnership or LLC ceases to do any of the above, I will promptly inform the withholding agent. For withholding purposes, a limited llabllty partnership {LLP) is treated like any other partnership. D Tax-Exempt -Entitles: The entity is exempt from tax under California Revenue and Taxation Code (A& TC) Section 23701 ___ (insert letter) or Internal Revenue Code Sectio!l 501 (c) __ (insert number). If this entity ceases to be exempt from tax, I will promptly notify the withholding agent. Individuals cannot be tax-exempt entities. D ln suran~ 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. D 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 ret!,.Jrn. If the trustee or noncontingent beneficiary becomes a nonresident at any time, I will promptly notify the withholding agent. D 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 wm file a California fiduciary tax return. D NonmllHary Spouse of a MIIHary Servicemember: . I am a nonmilitary spouse of a mUltary servlcemember and I meet the Military Spouse Residency Relief Act (MSRRA) requirements . See instructions for General Information E, MSRRA . 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 provid ing the requested information, go toftb.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 th is 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 ct,ange, I wlfl promptly notify the withholding agent. Type o, print payee's name ?!ue :•ndra Teai/Controlk>r Telephone ~5-0424 Payee's signature • ~--h'-=--~-'----_.._ _________________ Date 04/16/2019 7061193 Form 590 2018 • 108 DocuSign Envelope ID : D6D03502-8C5E-4590-B381-C 19A59483F94 Fc.TnW-9 Request for Taxpayer Give Fann to the (Rev. October 2018) Identification Number and Certification requester. Do not 0epartrnalltoftheTreaury send to the IRS. Internal Ravenue Ser.tea • Go to www.lr&govlFormWfl for lnatruclion• and the lalNt lnfonnlltlon. 1 Name (as shown an yot,r 111001'118 tax Allum). N.,.. la raqund on 1h18 lne; do nol leaYe tt1i1 line blade. Precision Emprfse LLC 2 Bllllnaa rwnafdJsragarde antlty name, W e!itfflnt from abCMI ~ Precision Concrete Cutting GI a Check appn,pnate box far fedn tax~ o11he pet1011 whose name 1a antered on lne 1. Check only one or the 4 Exemptions lcodes apply only to i folloWlnglllV9hbolces. certain entltlN, not lndMduafs; NII lnstNctlonlanpage8): C D lndlvldual/sole proprietor or 0 C COrporallon DsCo11J01at1on 0 Pertnenihlp •• Tl'\lllllel1ate .o JI! alngla-member u.c Exempt payee code Of any) 0 Limited Oablllly conpiny. Enter the tax claa8lficatlon (CaC CG1p01111io11, 8a8 GOrJ)Onltlon, P=Perlraahlp) • p ii Nola: Oled( the approprtale box~ the line abcMI forlhe laX clalllficalon ol the angle-member ownw. Do not d,ed( ExempUon from FATCA reporting U.C H the UC II c:Ullllled aa a &Ingle-member LLC thalle dllr9pldld from 1he owner unleR the owra of the U.C II cacleOf~ anolhw LLC lhat" not dllnlgllded from the owner tor U.S. fednl tax purpc11111. Otherwllle, a lingle-member UC tllal t Is cllngarded from the owner should Gheck the apprvprlale bax fur the tax c:laulflcalian of Its owner. • 0lher (Ne lnltructlonll • ,__ .. ___ ,.u.&J a. 5 Address~. ltnllt, and ll)l or SUlte noJ Sae lnlllnlcllons. Reqllllltll's name and address (optlonaQ co ., 335 Beach Rd r'-1 I City, a1Ble, and ZIP coda Burtlngame, CA 94010 7 List ecoount number(I) hn (opllonal) -~· --Taxpayer Identification Number (TIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on Hne 1 to avoid backup withholding. For Individuals, this Is generally yoursoclal seourtty number (SSN). However, for a resident alen, sole proprietor, or disregarded entity, see the Instructions for Part I, later. For other entitles, It Is your employer Identification number (BN). If you do not have a nl.mber, see How to get a TIN, later. Note: If the IICCXUlt Is In more than one name, see the Instructions .for One 1. Also see What Name and MJmber To Give the Reques!9' for guidelines on whole number to enter. •@Ii • Certfflcat1on Under penalties of pe~ury, I certify that I Soclal secartty number [IJJ-[1]-1 1, The number shown on this form Is my oonect taxpayer Identification number (or I am wafting for a number to be Issued to me); and I I I 2. I am not subject to backup withholding because: (a) I am exempt from backup withhold Ing, or (b) I have nol been notilled by the Internal Revenue Service ORS) that I am subject to backup wlthholdlng as a mutt of a fallure to report el Interest or dividends, or (c) the IRS hu notllled me that I am no longer subject to backup withholding ; and 3. I am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA code(s) entered on this form (If any) Indicating that I am exempt from FATCA reporting Is correct. I I Certlftcatlon Instructions. You must cross out Item 2 above H you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all Interest and dividund& 00 your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acqui5i1ion or abandonment of secured property, c:;ancelJallon of deb!, contributions to an Individual retirement arrangement (IRA). and generally, payments olh« lhan interest Sid dividends, you are not requinid to &ign the certification, but you must provide your correct TIN, See tfle lns1rUCtlons for Part II, laler, = I ~d}d; ..... 'i7 /.zo,°' General Instructions Section references are to the lntemaJ Revenue Code unless otherwise notad. Future ct.velopmenta. For the lateat information about developments related to Fonn W-9 and Its Instructions, such as leglelatlon enacted after they were published, go to www.irs.gov/FonnW9. Purpose of Form An Individual or entity (Form W--9 request81) who Is raqulrvd to file an Information retum with the IRS must obtain your correct taxpayer Identification number (TIN) which may be your 80Clal securtty number (SSN), Individual taxpayer Identification number (JTIN), adoption taxpayer Identification number (ATIN), or employer Identification nunber (ElN), to report on an Information return the amount paid to you, or other amount reportable on an lnfonnation ratlA'Tl . Examples of Information retuma Include, but ant not Drnlted to, the following. • Form 1099-INT pnterest earned or paid) Cat. ND.10231X • Fonn 1099-0IV (dividends, Including those from stocka or mutual funds) • Form 1099-MISC (various types of Income, prizes, awards, or gl'0811 proceeds) • Fonn 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network b'anlactlone) • Form 1098 (home mortgage Interest), 1~ (student loan lntereet), 1098-T (tuition) • Fann 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of &eCUnld property) u.e Fonn w~ only If you n a U.S. peniOll Pncludlng a l'98ldent allan), to provide your correct TIN. II you do not mtum Form W-9 to the ,aquester with a TIN, you might be subject to backup wttMoldlng. See What la backup wlthholdlng, later. Form w-e,-.10-2018) 109 DocuSign Certificate Of Completion Envelope Id : D6D035028C5E4590B381C19A59483F94 Status : Completed Subject: Please DocuSign : Contract Routing Form 2021.pdf, Updated COi 2021-22 -Precision-Empri_21-22-GL ... Source Enve lo pe : Document Pages : 70 Certificate Pages : 5 AutoNav : En ab led Envelopeld Stamping : Enabled Time Zone: (UTC-08 :00) Pacific Time (US & Canada) Record Tracking Status : Origi nal 12/22/2021 5:32 :29 PM Security Appl iance Status : Connected Storage Appliance Status : Connected Signer Events Eunejune Kim eunejune .kim@ssf.net Public Work s Director Security Level : Email , Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 6/1/2020 2 :10 :07 PM ID : 09c34 a55-e298-4c87-9f18-2e9185df7 481 Claire Lai Claire.Lai@ssf.net Approved as to Form-City Attorney Signing Group: City Attorney Security Level : Email , Account Authentication (None) Electronic Record and Signature Disclosure : Accepted : 12/22/2021 5 :56 :12 PM ID : f61a6819-77a6-4818-9bb5-f17406f22a47 Mike Futrell mike .futrell@ssf.net City Manager Security Level : Email , Account Authentication (None) Electronic Record and Signature Disclosure: Accepted : 12/23/202110:44 :16 AM ID : c3 d421e3-23b6-46cc-b260-ccfa57d5ab2a Signatures : 7 Initials : 1 Stamps : 1 Holder: Marissa Garren marissa .garren@ssf.net Pool : StateLocal Pool : Carahsoft OBO City of South San Francisco Signature G~;:6K\ .M15FDCE1B2M13 ... Signature Adoption: Pre-selected Style Using IP Address : 199 .181 .122 .2 i,Oocullgned by. ~rt,~ fi51MI04F4504468 ... Signature Adoption : Pre-selected Style Using IP Address : 206 .169 .145 .130 Signature Adoption: Pre-selected Style Using IP Address: 99.67 .69 .52 Envelope Originator : Marissa Garren 329 Miller Ave South San Francisco , CA 94080 marissa .garren@ssf.n et IP Address : 199 .181 .122.2 Location : DocuSign Location : DocuSign Timestamp Sent: 12/22/2021 5:40:49 PM Viewed: 12/22/2021 5:45 :22 PM Signed : 12/22/2021 5 :45 :42 PM Sent: 12/22/2021 5:4 5 :4 8 PM Viewed : 12/22/2021 5 :56 :12 PM Signed : 12/22/2021 5 :57 :1 1 PM Sent: 12/22/2021 5:45:48 PM Viewed: 12/23/2021 10 :44 :16 AM Signed : 12/23/202110:44 :23 AM 110 Signer Events Rosa Govea Acosta rosa .acosta@ssf.net City Clerk City of South San Francisco Signing Group: City Clerk Security Level : Email , Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuS ign In Person Signer Events Editor Delivery Events Agent Delivery Events Intermediary Delivery Events Certified Delivery Events Carbon Copy Events Witness Events Notary Events Envelope Summary Events Envelope Sent Certified Delivered Signing Complete Completed Payment Events Signature ~:··:.: fost~ ~S9088 15FF63F418 ... Signature Adoption : Pre-selected Style Using IP Address : 199 .181 .122 .2 Signature Status Status Status Status Status Signature Signature Status Hashed /Encrypted Securi ty Checked Secu rity Checked Security Checked Status Electronic Record and Signature Disclosure Timestamp Sent: 12/23/202110:44:26 AM Resent: 12/28/2021 8 :24 :32 AM Resent: 12/29/2021 8 :59:42 AM Viewed : 12/29/2021 9 :01 :20 AM Signed : 12/29/2021 9 :01 :30 AM Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamp Timestamps 12/2 2/202 1 5 :40 :49 PM 12/29/2021 9 :01 :20 AM 12/29/202 1 9 :01 :30 AM 12/29/2021 9 :01 :30 AM Timestamps 111 Electronic Record and Signature Disclosure created on : 6/4/2019 3 :56 :20 PM Parties agreed to: Eunejune Kim , Claire Lai , Mike Futrell ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, Carahsoft OBO City of South San Francisco (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to 'I agree to use electronic records and signatures' before clicking 'CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. 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By selecting the check-box next to 'I agree to use electronic records and signatures ', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access ; and • Until or unless you notify Carahsoft OBO City of South San Francisco as described above , you consent to receive exclusively through electronic means all notices , disclosures , authorizations, acknowledgements, and other documents that are required to be provided or made available to you by Carahsoft OBO City of South San Francisco during the course of your relationship with Carahsoft OBO City of South San Francisco . 114 SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND PRECISION CONCRETE CUTTING THIS SECONDAMENDMENT TO THE CONSULTING SERVICES AGREEMENT is made at South San Francisco, California, as of August 14, 2024 by and between THE CITY OF SOUTH SAN FRANCISCO (“City”), a municipal corporation, and Precision Concrete Cutting (“Contractor”), (sometimes referred together as the “Parties”) who agree as follows: RECITALS A. On October 15, 2019 City and Contractor entered that certain Consulting Services Agreement (“Agreement”) whereby Contractor agreed to perform assessment and inventory of city sidewalks, streetlight poles, and traffic signal poles. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A. B. City and Contractor now desire to amend the Agreement. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Contractor hereby agree as follows: 1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2. Section 1: Term. The December 31, 2024 end date for the term of services identified in Section 1 of the Agreement is hereby replaced with December 31, 2025. 3. Section 2: Compensation. The not to exceed payment amount of (TWO HUNDRED SIXTY-THREE THOUSAND TWO HUNDRED SEVENTY-SEVEN AND 00/100 ($263,277.00) identified in Section 2 of the Agreement is hereby replaced with (FIVE HUNDRED THIRTEEN THOUSAND TWO HUNDREND SEVENTY-SEVEN AND 00/100 ($513,277.00). 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. 4. Scope of Services. The Scope of services is amended and attached as Exhibit B to this Amendment. All other terms, conditions and provisions in the Agreement remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLLOWING PAGE] 115 Dated: CITY OF SOUTH SAN FRANCISCO PRECISION CONCRETE CUTTING By: By: Sharon Ranals, City Manager Joseph Ortega, Vice President Attest: _______________________________ City Clerk Approved as to Form: By: City Attorney 116 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-771 Agenda Date:8/14/2024 Version:1 Item #:6. ..Title Report regarding a resolution authorizing the City Manager to execute a Memorandum of Understanding with the National League of Cities for an Advancing Economic Mobility grant and approving Budget Amendment #25.010 appropriating $20,000 in grant funds. (Michael Guss, Economic Development Specialist) RECOMMENDATION Staff recommends City Council adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding with the National League of Cities to accept grant funding from the Advancing Economic Mobility Grant Program,and appropriate $20,000 in grant funds under Budget Amendment #25.010. BACKGROUND Staff applied for a $20,000 grant from the National League of Cities (“NLC”)Advancing Economic Mobility Grant Program -a competitive,nationwide grant.The City of South San Francisco was one of 12 cities in the nation to receive the grant.The other 11 include:Aurora,IL;Burlington,VT;Chester,AR;Durango,CO;El Paso, TX; Frederick, MD; Grand Island, NE; Gustavus, AK; Lansing, MI; Linden, AL; and St. Peterburg, FL. The goal of the Advancing Economic Mobility Grant Program is to assist cities in testing innovative ideas that boost the economic mobility of residents.The City applied for this funding to support the Promotores Program, which provides system navigation assistance to South San Francisco residents.To date,the Promotores Program has assisted 476 individuals by providing referrals to housing agencies,Medi-Cal,health care providers,and legal aid services,as well as making referrals to the City’s existing partners within the Economic Advancement Center (“EAC”).While 43%of South San Francisco’s population identifies as Asian American, the majority of clients served by the Promotores Program have been Latino.This grant enables enhanced outreach focused on the Asian American community in South San Francisco.The work of the Promotores generates clients for service-focused agencies operating at the EAC and contributes to the economic security of clients.This grant will enhance those services and expand the client population which benefits from services at the EAC. To accept the funding and begin the project,the NLC has asked each awarded city to enter into a Memorandum of Understanding (“MOU”) with NLC for the duration of the project. DISCUSSION If the MOU is executed,the Promotores Program will conduct three community meetings focused on South San Francisco Asian American community members.An overview of services provided by the Promotores Program will be presented at the outreach meetings.Community meetings will be promoted in Tagalog,Mandarin,and City of South San Francisco Printed on 8/13/2024Page 1 of 2 powered by Legistar™117 File #:24-771 Agenda Date:8/14/2024 Version:1 Item #:6. will be presented at the outreach meetings.Community meetings will be promoted in Tagalog,Mandarin,and Cantonese.Translation services from English into Tagalog,Mandarin,and Cantonese will also be available at each community meeting.Promotores staff will schedule follow-up consultations with attendees at each community meeting. During follow-up consultations,attendees will receive assistance navigating the social services system.The Promotores will provide referrals to agencies that assist with food security,housing,employment,legal aid,and other organizations which support economic mobility. The program will focus on reaching 99 individuals,or 33 at each community meeting.If participation is low, staff will work with community partners to pivot on community engagement to ensure the program is effective. Follow-up meetings will be offered to individuals attending outreach events;staff estimate that 40 individuals will receive follow-up assistance from the Promotores. There will be regular meetings with NLC staff and other grantees during the course of the project.NLC staff will provide coaching to City staff and feedback on the project.The City will also work with the Organization for Chinese Americans,San Mateo and the Southeast Asian Development Center to ensure that outreach is effective and successful. Work on this project will begin immediately upon execution of the MOU.The project end date will be January 31,2025.In February,all 12 cities will be invited to share their projects collectively at an in-person NLC event. In addition to better connecting the Asian American community in South San Francisco to resources at the EAC,the program will give some additional exposure to economic mobility work being done in South San Francisco to a national audience. FISCAL IMPACT There is no impact to the General Fund associated with adopting the resolution.No match is required for this grant. CONCLUSION Staff recommends City Council adopt a resolution authorizing the City Manager to execute a Memorandum of Understanding with the National League of Cities for the acceptance of grant funding from the Advancing Economic Mobility Grant Program, and appropriate $20,000 in grant funds under Budget Amendment #25.010. Attachments: 1.Award Letter from National League of Cities City of South San Francisco Printed on 8/13/2024Page 2 of 2 powered by Legistar™118 July 24, 2024 The Honorable James Coleman Mayor, South San Francisco 400 Grand Ave South San Francisco,CA 94080 Dear Mayor Coleman: On behalf of the National League of Cities (NLC), I am pleased to inform you that the City of South San Francisco has been selected as one of 12 municipalities to receive a grant as part of the Advancing Economic Mobility Rapid Grant program. As part of this five-month program, NLC will provide your city with coaching and grant funding to support your efforts to increase economic mobility for families. The program is supported with funding from the Bill and Melinda Gates Foundation and will run from July 24, 2024, through January 31, 2025. Other municipalities selected to participate include Aurora, IL; Burlington, VT; Chester, AR; Durango, CO; El Paso, TX; Frederick, MD; Grand Island, NE; Gustavus, AK; Lansing, MI; Linden, AL; and St. Petersburg, FL. After NLC receives your signed MOU, your City will receive a grant of $20,000. Along with the grant funding, NLC will provide your City with strategic guidance and coaching, and peer learning opportunities through the Economic Mobility Peer Network. In addition, your city team will be expected to participate in an Economic Mobility Convening in early 2025 with teams from all of the selected municipalities. At the convening, your team will be asked to showcase their work, including results achieved to date and efforts to sustain or grow the work beyond the grant period. To confirm your City’s participation in the program, please complete and return the attached Memorandum of Understanding via email to eofe@nlc.org by 3 pm Eastern Daylight Time (EDT) on August 28, 2024. A full description of the program, including the roles and responsibilities of participating municipalities, is provided in the agreement. To receive the grant payment, please complete a W9 and follo w the instructions in the ACH form (attached). 119 2 We ask that you refrain from publicly announcing your city’s participation in the program until August 7. NLC has included a communications package in your acceptance correspondence to help coordinate a public announcement about the program on July 31. NLC will formally launch the program with a one-hour orientation call on August 13 at 2 pm EDT. Your city’s team lead is expected to participate in this call. NLC will send instructions to your team lead on how to join. Congratulations on your selection in the Advancing Economic Mobility Rapid Grant program and thank you for your commitment to improving the equity and economic mobility of your residents. We look forward to assisting you and your team over the next six months. If you have any questions or would like more information, please contact me or Justin Chu via email at eofe@nlc.org. Sincerely, Heidi Goldberg Director, Economic Opportunity and Financial Empowerment Center for Municipal Practice National League of Cities Cc: Nell Selander, Economic and Community Development Director 120 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-754 Agenda Date:8/14/2024 Version:1 Item #:6a. Resolution authorizing the City Manager to execute a Memorandum of Understanding with the National League of Cities for acceptance of funding from the Advancing Economic Mobility Grant Program and appropriating $20,000 in grant funds under Budget Amendment #25.010. WHEREAS,the City of South San Francisco Promotores Program (“City Promotores Program”)provides system navigation services to South San Francisco residents; and WHEREAS, the City Promotores Program has served 476 clients since its inception in March of 2022; and WHEREAS,the City Promotores Program provides referrals to health care agencies,job placement agencies, small business development organizations, housing agencies, legal aid nonprofits, and childcare agencies; and WHEREAS,the City Promotores Program has identified the need for increased outreach to the Asian American community; and WHEREAS,Economic and Community Development staff developed and submitted an application to the National League of Cities Advancing Economic Mobility Grant Program to host three community meetings and provide follow-up consultations with the goal of reaching more Asian American community members; and WHEREAS,translation from English to Mandarin,Tagalog,and Cantonese will be available at each community meeting and at follow-up consultations; and WHEREAS,the National League of Cities accepted the City’s application for an Advancing Economic Mobility Rapid Grant in the amount of $20,000; and WHEREAS,11 other municipalities in the country were also selected for the grant program,which include Aurora,IL;Burlington,VT;Chester,AR;Durango,CO;El Paso,TX;Frederick,MD;Grand Island,NE; Gustavus, AK; Lansing, MI; Linden, AL; and St. Peterburg, FL. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby takes the following actions: 1.The City Council finds that the foregoing recitals are true and correct and incorporated herein as part of this Resolution; 2.The City Council approves and authorizes the City Manager to execute a Memorandum of Understanding with the National League of Cities,attached as Exhibit A,for the Advancing Economic Mobility Grant and accepts and appropriates grant funds in the amount of $20,000 with Budget Amendment #25.010; 3.The City Council Authorizes the Finance Director to take all necessary budgetary actions to carry outCity of South San Francisco Printed on 8/13/2024Page 1 of 2 powered by Legistar™121 File #:24-754 Agenda Date:8/14/2024 Version:1 Item #:6a. 3.The City Council Authorizes the Finance Director to take all necessary budgetary actions to carry out the intent of this Resolution; and 4.The City Council authorizes the City Manager to take any other related actions necessary to carry out the intent of this Resolution. ***** City of South San Francisco Printed on 8/13/2024Page 2 of 2 powered by Legistar™122 Advancing Economic Mobility Rapid Grant Program MOU Between National League of Cities Institute and City of South San Francisco PURPOSE This Memorandum of Understanding (MOU) sets forth the terms of participation and understanding between the National League of Cities Institute (NLCI) and the City of South San Francisco (City) as part of NLCl's Advancing Economic Mobility Grant program between July 24, 2024, and January 31, 2025. BACKGROUND With support from the Bill and Melinda Gates Foundation, NLCl's Advancing Economic Mobility Grant program provides cities with coaching and grant funding to help them test innovative ideas that will boost the economic mobility of residents. Participating cities , towns, or villages will learn from peers and NLCI staff through their participation. This MOU defines the terms for the full project period. EFFECTIVE DATE AND TERMINATION RIGHTS This MOU will take effect upon the last party's signature and shall remain in effect until January 31, 2025. Either party may terminate this MOU upon delivery of written notice to the other party. Upon termination, the City must promptly refund any unused grant funds to NLCI within 30 days of termination. GRANT AWARD AND USE OF FUNDS NLCI will provide the City a grant in the amount of $20,000 to support costs associated with testing ideas, planning projects, and supporting existing strategies that respond to community needs and advance economic mobility as outlined in the City's application as accepted by NLCI. Funds shall be used solely for t he purpose and goals stated herein and in accordance with the budget submitted by the City and approved by NLCI for activities for the term of this MOU. Allowable uses of funds include but are not limited to expenses associated with core personnel costs; consultants, stakeholder engagement with community organizations, residents, and other partners; supports or incentives for resident engagement such as payments, gift cards or food; sub granting to target population; technology integration; and other uses as approved by NLCI. 123 DISTRIBUTION OF AWARD NLCI shall distribute the total rapid grant award to the City upon the receipt of a completed W-9 form, completed ACH form, and a signed copy of this MOU. SUMMARY OF ROLES AND RESPONSIBILITIES By accepting this grant, the City agrees to: • Select a team lead from within City government to act as a primary contact for NLCI; • In collaboration with NLCI, identify a date and times for at least three coaching calls with core team; • Participate fully in the Economic Mobility Peer Network (EMPN) calls or chats on September 4, October 2, and December 4; • Fully engage with the NLCI-secured evaluators who are working to better understand the impact of the Advancing Economic Mobility Rapid Grant program; • When discussing the City's participation in or impacts of the program in public settings or communications and media materials, note the National League of Cities’ involvement; • When possible, share information about programs funded and results achieved through this grant with council or other formal city leadership at meetings and events; • Keep NLCI staff apprised of progress, and notify NLCI within 3 business days of any major setbacks, unexpected challenges, staff transitions on the funded project team, or proposed budget changes exceeding 10 percent throughout the grant period; • With NLC staff approval, host or participate in a site visit that may include other municipal representatives from the 2024 Advancing Economic Mobility Rapid Grant program; • Up to two members of the city team must attend and share information about project progress at the Economic Mobility Convening in early 2025, with expenses paid by NLCI; and • Submit a final grant report to NLCI by February 17, 2025, which includes a narrative description of all work conducted under the grant, outcomes achieved, lessons learned, and a financial report that shows how the awarded funds were used or are obligated toward project objectives. NLCI will provide the final report template materials. 124 Advancing Economic Mobility Rapid Grant program Grant Receipt Statement By signing this document, I acknowledge that I have read and agree to the grant provisions set forth in this MOU for the National League of Cities Institute’s Advancing Economic Mobility Rapid Grant program. ___________________________________________ _____________ Signature Date Name -Authorized Signature ___________________________________________ Title City National League of Cities Institute ______________________ Signature Clarence E. Anthony President/Treasurer National League of Cities Institute _________________ Date Please email this completed page to Justin Chu at eofe@nlc.org. 125 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-790 Agenda Date:8/14/2024 Version:1 Item #:7. Report regarding adoption of an ordinance adding Chapter 10.80 to the South San Francisco Municipal Code prohibiting any person in control of a multi-unit building from preventing a candidate or representative from lawfully campaigning door-to-door.(Sky Woodruff, City Attorney) RECOMMENDATION It is recommended that the City Council of the City of South San Francisco waive second reading and adopt an ordinance adding Chapter 10.80 of the South San Francisco Municipal Code prohibiting any person in control of a multi-unit building from preventing a candidate or representative from lawfully campaigning door-to-door. BACKGROUND/DISCUSSION At the regular City Council meeting on July 24,2024,the City Council unanimously voted to waive first reading and introduce the ordinance adding Chapter 10.80 to the South San Francisco Municipal Code prohibiting any person in control of a multi-unit building from preventing a candidate or representative from lawfully campaigning door-to-door. The ordinance is now ready for adoption. FISCAL IMPACT This ordinance will have no financial impact. ENVIRONMENTAL The action of adoption of this ordinance does not constitute a project as defined by California Environmental Quality Act Guidelines Section 15378; therefore, no further environmental review is required. CONCLUSION It is recommended that the City Council of the City of South San Francisco waive second reading and adopt an ordinance adding Chapter 10.80 of the South San Francisco Municipal Code prohibiting any person in control of a multi-unit building from preventing a candidate or representative from lawfully campaigning door-to-door. City of South San Francisco Printed on 8/13/2024Page 1 of 1 powered by Legistar™126 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-792 Agenda Date:8/14/2024 Version:1 Item #:7a. Ordinance adding Chapter 10.80 of the South San Francisco Municipal Code prohibiting any person in control of a multi-unit building from preventing a candidate or representative from lawfully campaigning door-to-door. WHEREAS, any city may make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general laws, in accordance with the California Constitution Article XI, §7; WHEREAS, it is in the best interest of the City of South San Francisco (“City”) to ensure all City residents have access to information regarding the candidates running for office in an upcoming election; and WHEREAS, candidates for elective office are able to reach residents of single-family residences by going door- to-door, providing the residents with information and an opportunity to interact with candidates or their representatives to ask questions and learn more about the candidates, assisting them in making informed decisions. Residents of multi-family housing and other housing types with restricted access are less likely to obtain the same information and to have the same opportunity for interaction with candidates and their representatives, diminishing the ability of residents of those housing types to get informed about elections; and WHEREAS, the City now desires to adopt an ordinance to provide registered candidates or candidate’s representatives with explicit authority to enter multi-unit buildings such as apartment buildings, condominium complexes, residential centers, and any other residential complex, for the purpose of lawfully campaigning door -to-door during an election. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO DOES HEREBY ORDAIN AS FOLLOWS. SECTION 1.Findings The City Council finds that the foregoing recitals are true and correct and are incorporated into the Ordinance by this reference. SECTION 2.Addition of Title 10, Chapter 80 The City Council hereby adds Title 10, Chapter 80 (“Campaigning in Multi-Unit Buildings”) to the South San Francisco Municipal Code to read as follows: Chapter 10.80 CAMPAIGNING IN MULTI-UNIT BUILDINGS 10.80.010 Purpose. This chapter provides registered candidates or candidate’s representatives with explicit authority to enter multi- unit buildings,as defined in this chapter,for the purpose of lawfully campaigning door-to-door during an election. City of South San Francisco Printed on 8/13/2024Page 1 of 3 powered by Legistar™127 File #:24-792 Agenda Date:8/14/2024 Version:1 Item #:7a. 10.80.020 Definitions. 1.“Access”means entry to a multi-unit building through a secure common entrance so a registered candidate or a candidate’s representative can lawfully campaign at the entrance door of each individual residence in a multi- unit building. 2. “Election” shall include a local, state, or federal election. 3. “Landlord” means the owner, operator, superintendent, or manager of a multi-unit building. 4.“Long-term Care Center”means a complex that provides care to residents and where the residents’rooms are considered bedrooms not front doors to separate apartments and therefore,canvasing door-to-door would be an invasion of personal space.Therefore,long-term care centers are not considered multi-unit buildings under this chapter. 5.“Multi-unit Building”means any apartment building,condominium building,residential center,gated community,or any other residential complex that has more than one unit and a secure common entrance. University and college residences and long-term care centers are not considered multi-unit buildings under this chapter. 6.“Residential Center”means a complex that has more than one unit,a secure common entrance,and residents have their own unit with a secure front door.This could be an independent living residence for seniors but not a long-term care center. 7.“University and College Residences”means a multi-unit building owned by a university or college and operated as a residence for students.Individual university or college resident rooms are considered bedrooms not front doors to separate apartments and therefore,canvasing door-to-door would be an invasion of personal space. Therefore, university and college residences are not considered multi-unit buildings under this chapter. 10.80.020 Access to Multi-Unit Building for Lawful Campaigning - Prohibition. (a)No person,landlord,or corporation who is in control of a multi-unit building may prevent a candidate or their representative from lawfully campaigning door-to-door at the doors to the housing units during an election. (b)A registered candidate or candidate’s representatives may be required to present a copy of their documentation confirming their candidate registration as evidence of eligibility to gain access to any multi-unit building for the purpose of lawful campaigning door-to-door. (c)This chapter shall not apply to university and college residences and long-term care centers,or in a multi- unit building where active voting is taking place at that location at the same time. 10.80.030 Violations; Penalty. (a) Any person violating any of the provisions of this chapter shall be deemed guilty of an infraction and, upon conviction, shall be punished as set forth in Chapter 1.24 <https://ecode360.com/43423586> of this code. (b) Each and every violation of this chapter shall constitute a distinct and separate offense, is declared to be a public nuisance, and shall be subject to all remedies and enforcement measures authorized by the South San Francisco Municipal Code, including but not limited to the issuance of an administrative citation and fine in accordance with Chapter 8.54 of this code. (c) Each violation of this chapter shall constitute a separate violation. (d) Any person violating any provision of this chapter, when such person has not previously been found to be City of South San Francisco Printed on 8/13/2024Page 2 of 3 powered by Legistar™128 File #:24-792 Agenda Date:8/14/2024 Version:1 Item #:7a. violating this chapter, shall first receive an educational notice of the obligation established herein. SECTION 3.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 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 4. 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 8/13/2024Page 3 of 3 powered by Legistar™129 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-777 Agenda Date:8/14/2024 Version:1 Item #:8. Presentation regarding update on the City of South San Francisco’s investment portfolio (Frank Risso,Treasurer,Karen Chang, Director of Finance, Carlos Oblites, Chandler Asset Management) RECOMMENDATION Staff recommends City Council receive a presentation on the investment portfolio. BACKGROUND/DISCUSSION California Government Code Section 53600 et seq.,strictly governs the investment activities related to public funds. Code provides guidance and restrictions related to permitted investment sectors,concentration limits,minimum credit quality,and maximum maturities permitted.Public agencies may only invest in fixed income securities.The purchase of stock is prohibited.Therefore,the City primarily invests in highly rated debt securities such as U.S.Treasury obligations, federal agency and government sponsored enterprise debt,as well as obligations issued by high credit quality,non- governmental entities such as corporations, and issuers of passthrough securities, and supranational issuers. California Government Code also specifies that the investment objectives of public agency investment programs shall be safety,liquidity,and return,in that order.As such,the safety of principal is the foremost objective of the City’s investment program.The investment program must remain sufficiently liquid to enable the City to meet all cash requirements.The City collaborates with its registered investment advisor,Chandler Asset Management,in managing the City’s funds.The City’s investment program totals nearly $352 million,of which Chandler Asset Management currently manages $272 million.The Chandler-managed portion comprises the City’s Mid-Term Portfolio targeting a duration of 2.76 years ($200,593,548),Limited Maturity Portfolio,which is structured to achieve competitive yields for a portion of the City’s most liquid funds ($65,818,779),and a smaller Pension Reserve Portfolio ($5,847,635).The remainder comprises cash and investments held in Local Agency Investment Fund (LAIF),the State Treasurer’s investment pool for California local governments. The City’s investment program remained safe and liquid during the past year.The portfolio’s large allocation to US Treasury and Agency securities continues as a buffer to other markets with their strong liquidity characteristics.Chandler will continue to evaluate and monitor all portfolio holdings. FISCAL IMPACT There is no fiscal impact in receiving this presentation. RELATIONSHIP TO STRATEGIC PLAN The investment portfolio is consistent with the City’s Priority Area 3, Financial Stability. CONCLUSION The Investment portfolio is in compliance with the California Government Code and the City’s Investment Policy. The City has sufficient cash and investments to meet its obligations over the next six months. Attachments: City of South San Francisco Printed on 8/13/2024Page 1 of 2 powered by Legistar™130 File #:24-777 Agenda Date:8/14/2024 Version:1 Item #:8. Attachment 1 - Investment Report for period ending June 30, 2024 City of South San Francisco Printed on 8/13/2024Page 2 of 2 powered by Legistar™131 INVESTMENT REPORT So San Francisco Cons Portfolio | Account #10061 | As of June 30, 2024 CHANDLER ASSET MANAGEMENT | chandlerasset.com Chandler Team: For questions about your account, please call (800) 317-4747, or contact clientservice@chandlerasset.com Information contained herein is confidential. We urge you to compare this statement to the one you receive from your qualified custodian. Please see Important Disclosures at the end of the statement.132 Employment -400 -200 0 200 400 600 800 1,000 MO M C h a n g e I n T h o u s a n d s ( 0 0 0 ' s ) Nonfarm Payroll (000's) Non-farm Payroll (000's) 3-month average (000's) 0.0% 5.0% 10.0% 15.0% 20.0% 25.0% Unemployment Rate Underemployment Rate (U6) Unemployment Rate (U3) Ra t e ( % ) The U.S.economy added 206,000 jobs in June,remaining ahead of consensus expectations of 190,000 jobs.The gains were broad based, with government,health care,and social assistance posting the largest gains.The three-month moving average and six-month moving average payrolls have weakened from the first quarter to 177,000 and 222,000 respectively.The unemployment rate edged up to 4.1%in June,and the labor participation rate inched up to 62.6%,remaining below the pre-pandemic level of 63.3%.The U-6 underemployment rate,which includes those who are marginally attached to the labor force and employed part time for economic reasons held steady at 7.4%.Average hourly earnings rose 3.9%year-over-year in June,down from 4.1%year-over-year in May.The labor markets continue to show signs of cooling in line with the Federal Reserve’s view that there has been “substantial”progress towards better balance in the labor market between demand and supply for workers. Source: US Department of Labor Source: US Department of Labor 133 Inflation 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0% 10.0% Consumer Price Index (CPI) CPI YOY % Change Core CPI YOY % Change YO Y ( % ) C h a n g e 0.0% 1.0% 2.0% 3.0% 4.0% 5.0% 6.0% 7.0% 8.0% 9.0% 10.0% Personal Consumption Expenditures (PCE) PCE Price Deflator YOY % Change PCE Core Deflator YOY % Change Fed Target YO Y ( % ) C h a n g e In May,the Consumer Price Index (CPI)remained unchanged month-over-month and rose 3.3%year-over-year,reflecting broad-based cost reductions.The Core CPI,which excludes volatile food and energy components,was up 0.2%month-over-month and 3.4%year-over-year in May,down from 3.6%in April and lower than expected.The Personal Consumption Expenditures (PCE)Index decelerated in May as expected.The headline PCE deflator was unchanged in May from April versus up 0.3%in the prior month.Year-over-year,the PCE deflator rose 2.6%.The Core PCE deflator (the Fed’s preferred gauge)increased 0.1%in May from the prior month versus up 0.3%in April. The Core PCE deflator also rose 2.6%year-over-year,still above the Fed’s 2%inflation target.Much of the lingering inflation has been driven by shelter costs and demand for services. Source: US Department of Labor Source: US Department of Commerce 134 OBJECTIVES So San Francisco Cons Portfolio | Account #10061 | As of June 30, 2024 Investment Objectives The City of South San Francisco's investment objectives, in order of priority, are to provide safety to ensure the preservation of capital in the overall portfolio, provide sufficient liquidity for cash needs and a market rate of return consistent with the investment program. Chandler Asset Management Performance Objective The performance objective for the portfolio is to earn a total rate of return through a market cycle that is equal to or above the return on the benchmark index. Strategy In order to achieve these objectives, the portfolio invests in high quality fixed income securities consistent with the investment policy and California Government Code. 135 CITY INVESTMENT PROGRAM COMPONENTS Inception Market Value as of June 30, 2024 Mid-Term Portfolio March 31, 2009 $200,593,548 Limited Maturity Portfolio January 31, 2023 $65,818,779 Pension Reserve Portfolio December 31, 2022 $5,847,635 Liquidity (Investment Pools and Cash)N/A $79,435,520 Total Investment Program 351,695,482 Source:Chandler Asset Management.Does not include realized nor unrealized gains and losses. 136 PORTFOLIO CHARACTERISTICS So San Francisco Cons Portfolio | Account #10061 | As of June 30, 2024 6/30/2024 Portfolio 3/31/2024 Portfolio Average Maturity (yrs)1.77 1.69 Average Modified Duration 1.54 1.50 Average Purchase Yield 3.83%3.49% Average Market Yield 4.75%4.60% Average Quality**AA+AA+ Total Market Value 351,695,482 346,561,009 *Benchmark: NO BENCHMARK REQUIRED **The credit quality is a weighted average calculation of the highest of S&P, Moody’s’ and Fitch. 137 SECTOR DISTRIBUTION So San Francisco Cons Portfolio | Account #10061 | As of June 30, 2024 Sector as a Percentage of Market Value Sector 06/30/2024 03/31/2024 US Treasury 35.7%36.7% LAIF 20.5%17.4% Agency 15.4%16.3% Corporate 14.5%14.8% ABS 5.4%3.6% Agency CMBS 3.7%2.7% Supras 2.5%2.5% Cash 2.2%5.1% Money Mkt Fd 0.1%0.8% 138 DURATION DISTRIBUTION So San Francisco Cons Portfolio | Account #10061 | As of June 30, 2024 Date 0-.25 .25-.5 .5-1 1-2 2-3 3-4 4-5 5-7 7+ 06/30/2024 38.5%3.0%3.4%16.8%15.1%16.6%6.6%0.0%0.0% 03/31/2024 38.4%3.0%4.7%17.0%12.2%16.2%7.0%0.0%0.0% 139 HISTORICAL AVERAGE PURCHASE YIELD So San Francisco Cons Portfolio | Account #10061 | As of June 30, 2024 Purchase Yield as of 06/30/24 = 3.83% 140 CITY INVESTMENT PROGRAM COMPONENTS FY 2022-23 Interest Income FY 2023-24 Interest Income Mid-Term Portfolio $3,386,338 $3,989,531 Limited Maturity Portfolio $1,229,567 $2,979,563 Pension Reserve Portfolio $153,259 $245,255 Total Investment Program Managed by Chandler $4,769,164 $7,214,349 Source:Chandler Asset Management.Does not include realized nor unrealized gains and losses. 141 IMPORTANT DISCLOSURES So San Francisco Cons Portfolio | Account #10061 | As of June 30, 2024 2024 Chandler Asset Management, Inc, An Independent Registered Investment Adviser. Information contained herein is confidential. Prices are provided by ICE Data Services Inc (“IDS”), an independent pricing source. In the event IDS does not provide a price or if the price provided is not reflective of fair market value, Chandler will obtain pricing from an alternative approved third party pricing source in accordance with our written valuation policy and procedures. Our valuation procedures are also disclosed in Item 5 of our Form ADV Part 2A. Performance results are presented gross-of-advisory fees and represent the client’s Total Return. The deduction of advisory fees lowers performance results. These results include the reinvestment of dividends and other earnings. Past performance may not be indicative of future results. Therefore, clients should not assume that future performance of any specific investment or investment strategy will be profitable or equal to past performance levels. All investment strategies have the potential for profit or loss. Economic factors, market conditions or changes in investment strategies, contributions or withdrawals may materially alter the performance and results of your portfolio. Index returns assume reinvestment of all distributions. Historical performance results for investment indexes generally do not reflect the deduction of transaction and/or custodial charges or the deduction of an investment management fee, the incurrence of which would have the effect of decreasing historical performance results. It is not possible to invest directly in an index. Source ICE Data Indices, LLC (“ICE”), used with permission. ICE permits use of the ICE indices and related data on an “as is” basis; ICE, its affiliates and their respective third party suppliers disclaim any and all warranties and representations, express and/or implied, including any warranties of merchantability or fitness for a particular purpose or use, including the indices, index data and any data included in, related to, or derived therefrom. Neither ICE data, its affiliates or their respective third party providers guarantee the quality, adequacy, accuracy, timeliness or completeness of the indices or the index data or any component thereof, and the indices and index data and all components thereof are provided on an “as is” basis and licensee’s use it at licensee’s own risk. ICE data, its affiliates and their respective third party do not sponsor, endorse, or recommend chandler asset management, or any of its products or services. This report is provided for informational purposes only and should not be construed as a specific investment or legal advice. The information contained herein was obtained from sources believed to be reliable as of the date of publication, but may become outdated or superseded at any time without notice. Any opinions or views expressed are based on current market conditions and are subject to change. This report may contain forecasts and forward-looking statements which are inherently limited and should not be relied upon as indicator of future results. Past performance is not indicative of future results. This report is not intended to constitute an offer, solicitation, recommendation or advice regarding any securities or investment strategy and should not be regarded by recipients as a substitute for the exercise of their own judgment. Fixed income investments are subject to interest, credit and market risk. Interest rate risk: the value of fixed income investments will decline as interest rates rise. Credit risk: the possibility that the borrower may not be able to repay interest and principal. Low rated bonds generally have to pay higher interest rates to attract investors willing to take on greater risk. Market risk: the bond market in general could decline due to economic conditions, especially during periods of rising interest rates. Ratings information have been provided by Moody’s, S&P and Fitch through data feeds we believe to be reliable as of the date of this statement, however we cannot guarantee its accuracy. Security level ratings for U.S. Agency issued mortgage-backed securities (“MBS”) reflect the issuer rating because the securities themselves are not rated. The issuing U.S. Agency guarantees the full and timely payment of both principal and interest and carries a AA+/Aaa/AAA by S&P, Moody’s and Fitch respectively. 142 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-680 Agenda Date:8/14/2024 Version:1 Item #:9. Discussion regarding an update of the Junipero Serra Boulevard and I-280 Westborough Boulevard Pedestrian and Bicycle Connectivity and Safety Project Feasibility Study (st2301).(Lawrence Henriquez,Senior Civil Engineer) RECOMMENDATION Staff recommends that City Council receive an update and provide feedback regarding the Junipero Serra Boulevard and I-280 Westborough Boulevard Pedestrian and Bicycle Connectivity and Safety Project Feasibility Study ("project"). BACKGROUND/DISCUSSION The existing conditions along the corridors of Junipero Serra Boulevard and Westborough Boulevard currently do not conform to the Active South City (Active SSF)plan for active transportation safety,comfort,and equitable mobility;active SSF is an update to the City's Bicycle and Pedestrian Master Plan.Active SSF is tailored towards integrating walking,bicycling,and other active transportation modes into a single plan that prioritizes project and program recommendations to increase safety and comfort for active multi-modal users in South San Francisco.The project aligns with the target goals of Shape SSF 2040 General Plan,which is an update to the City's General Plan to create a livable city where daily activities and functions can be performed without the need or desire for a single occupancy vehicle.Findings from the City's Local Road Safety Plan (LRSP)identify Junipero Serra Boulevard and Westborough Boulevard as areas of utmost concern for aggressive and impaired fatal/minor injuries -Attachment 1.Attachment 2 shows a High Injury Network Map extracted from the Active SSF plan highlighting the importance for bicycle and pedestrian improvements along Westborough Boulevard. In summary,the Junipero Serra Boulevard and Westborough Boulevard corridors lack pedestrian and bicycling facilities,creating hardships for residents desiring to use alternate modes of transportation to reach destinations such as BART,shopping centers,schools,libraries,and recreation.Additionally,a significant obstacle to multi- modal users is the intersection of Junipero Serra Boulevard and Westborough Boulevard due to the I-280 on- ramp and off-ramp configurations.One of the project goals will be to redesign the intersection into a safe, travelable pathway for bicyclists and pedestrians. FEASIBILITY STUDY PHASE To address the aforementioned lack of pedestrian and bicycling facilities along the project limits,Vicinity Map Attachment 3,a feasibility study began in the summer of 2023 with grant funding,$450,000,provided by the San Mateo County Transportation Authority (TA)through the Measure A/W Pedestrian and Bicycling Program. The project's objective is to develop a set of alternate designs addressing pedestrian and bicycling needs.The City will ultimately make a recommendation for the desired alternate design to advance it further into the subsequent phases.A vital project component was the public engagement events held with staff participation.A summary of the public outreach events attended is outlined below: DATE EVENT August 1, 2023 National Night Out October 28, 2023 Library / Parks and Recreation Center Grand Opening April 27, 2023 Farmer's Market June 23, 2024 St. Augustine Church June 25, 2024 Community Workshop / Civic Campus Social Hall City of South San Francisco Printed on 8/13/2024Page 1 of 4 powered by Legistar™143 File #:24-680 Agenda Date:8/14/2024 Version:1 Item #:9. DATE EVENT August 1, 2023 National Night Out October 28, 2023 Library / Parks and Recreation Center Grand Opening April 27, 2023 Farmer's Market June 23, 2024 St. Augustine Church June 25, 2024 Community Workshop / Civic Campus Social Hall Public input was also gathered through the use of an interactive social pinpoint map accessed through this website link:bikelanesfortheboulevards.com (website image shown below): City of South San Francisco Printed on 8/13/2024Page 2 of 4 powered by Legistar™144 File #:24-680 Agenda Date:8/14/2024 Version:1 Item #:9. Following is a highlight summary of key themes collected throughout the website: ·372 people visited the website, with 106 comments provided ·65% of the comments provided were linked to bicycling and walking concerns ·Requests for dedicated off-street facilities to access major destinations such as Westborough Square ·High vehicular speeds were a concern for both roadway corridors ·The Junipero Serra Boulevard /Hickey Boulevard,Chestnut Avenue /Antoinette Lane,I-280 ramps / Westborough Boulevard,and Gellert Boulevard /Westborough Boulevard intersections were deemed challenging Thus far,with input provided by the community engagement efforts,the project has developed a set of alternative concept plans (Attachment 4)that address deficient alternate modes of transportation mobility matters throughout the project limits.Public comments were captured and summarized in a memo in Attachment 5.Throughout the various community engagement events,staff was able to gather a large volume of data regarding biking and walking facilities residents would prefer while providing key input into areas of utmost concern.The data gathered has been summarized in a Public Outreach Memo,Attachment 6,which will provide direction in developing a toolbox of recommended bike/ped amenities,and Attachment 7 summarizes the public comments in a graphical format.The public engagement process culminated in a Community Workshop to unveil the alternative concept plans and collect further public feedback.Staff also presented the project before the City's Traffic Safety Commission and Bike and Pedestrian Advisory Committee. City of South San Francisco Printed on 8/13/2024Page 3 of 4 powered by Legistar™145 File #:24-680 Agenda Date:8/14/2024 Version:1 Item #:9. Key takeaways from the Community Workshop: ·Preference for a multi-use path along Junipero Serra Boulevard and Westborough Boulevard with separate lanes for bicyclists and pedestrians ·Public expressed interest in the diverging diamond interchange configuration ·Agreed with removing the pedestrian overhead bridge at Clay Avenue and signalizing the intersection to help slow vehicles. ·Lack of pedestrian and bicycling facilities at the Junipero Serra Boulevard /Hickey Boulevard intersection ·Request for benches along the pedestrian/bicycling pathways ·Request for bicycle repair stations ·Install more lighting along pathways The Feasibility Study Final Report will be completed in Fall 2024;it will contain information from the past year's effort regarding the various alternative bike and pedestrian configurations that were developed and analyzed.Consequently,with Council's input,it will recommend the City's preferred alternative bike/ped configuration layout that will be advanced in the future phases.The Final Report will bolster the City's chances of securing future grants as the project advances, ultimately reaching the crucial construction phase. FISCAL IMPACT Holding the discussion session with Council has no fiscal impact. RELATIONSHIP TO STRATEGIC PLAN Holding the Feasibility Study update discussion with Council will achieve one of the City's Strategic Plan goals to improve the Quality of Life for residents. CONCLUSION Staff recommends that Council provide feedback regarding the Junipero Serra Boulevard and I-280 Westborough Boulevard Pedestrian and Bicycle Connectivity and Safety Project Feasibility Study. Attachments: 1.Local Road & Safety Plan / Aggressive & Impaired fatal/minor injuries 2.High Injury Network Map 3.Vicinity Map 4.Alternative Plan Exhibits 5.Public Comments to Alternative Plan Exhibits 6.Public Outreach Summary 7.Public Comments Graph City of South San Francisco Printed on 8/13/2024Page 4 of 4 powered by Legistar™146 Cltyof$olrth$onF,-�noie<;o � A � Local Road Safety Plan W V � \ \ Legend Impaired Driving Cr85hes ¢ F.1t.illnjunes Road Classification A MsjO( rnJIJl'le8 --Mif\oOf Arleflal Aggressive Driving Cr35hes COleo»r A Major Injuries 0th.er Highway Cily of South San Francisco South San Francisco LRSP Fi nal.docx ATTACHMENT 1 Figure 7 -Aggressive and Impaired Fatal and Major Injury Crash Map Page 21 'i!.o. .. � '' f 7-j ' ' .... --', ' ' -<' If� ---� --I I - City of South San Francisco LRSP January 2022 147 ,/ /' ,/ /· �-... ✓-....: .. :::-;;:..'-"'°"""' \,. -Complete Streets Opportu ni ties -High Injur y Network j=j City Limits _,,..../ \ ·-·-·-·-·-·-·-·-·-· ·-. ·, • __ .J . fOrbesBJvd -·� ! V, L--·---� '>:I-·-·-·-·-·-·-·-· Miles 0 Fmy Rrmlnol San Francisco Bay -·-·-·-·-·-·-·-· 0 'h ATTACHMENT 2 148 ATTACHMENT 3 149 INTERSTATE 280 INTERSTATE 280 82 35 W E S T B O R O UGH BLVD C A L L A N B L V D GA L W A Y D R WESTBOROUGH PARK SAFEWAY SOUTH SAN FRANCISCOPUBLIC LIBRARY OL Y M P I C D R GELLER T B L V D SH A N N O N D R J U N I P E R O S E R R A B L V D E L C A M I N O R E A L O R A N G E A V E CHES T N U T A V E CALIFORNIA GOLF CLUB OF SAN FRANCISCO SAN F E L I P E A V E HICKEY BLVD B O A R D 2 BOARD S 3 4 5 BOAR D S 9 10 BOARDS 66 77 88 W E S T B O ROUGH BLVD EAST JUNIPERO S E R R A B L V D Key MapKey Map1 150 JUNIPERO SERRA BLVD KI N G D R JUNIPERO SERRA BLVD JUNIPERO SERRA BLVD AR R O Y O D R JUNIPERO SERRA BLVD AR R O Y O D R KI N G D R JUNIPERO SERRA BLVD A V A L O N D R CL A Y A V E HICK E Y B L V D INTERSTATE 280 INTERSTATE 280 CALIFORNIA GOLF CLUBOF SAN FRANCISCO WE S T B O R O U G H B L V D UNITEK COLLEGE SOUTH SAN FRANCISCO CAMPUS SELLICK PARK Class I Facility - Junipero Serra BoulevardClass I Facility - Junipero Serra Boulevard2 C C B B A A Hickey Boulevard to Avalon DriveHickey Boulevard to Avalon Drive SECTION A-A SECTION B-B SECTION C-C SIGNALS UPDATED WITH THIS PROJECT EXISTING PEDESTRIAN BRIDGE TO BE REMOVED SIGNALS UPDATED WITH OTHER PROJECTS 151 Two-way Separated Class IV Facility - Westborough BoulevardTwo-way Separated Class IV Facility - Westborough Boulevard3 A A B B Skyline Blvd to Gellert BoulevardSkyline Blvd to Gellert Boulevard SECTION A-A SECTION B-B 152 GALWA Y D R GALWA Y P L OL Y M P I C D R G E L L E R T B L V D OA K M O N T D R S K Y L I N E B L V D WESTBOROUGH BLV D BANTRY L N ARDEE LN TARA LN SHANNON DR WESTBOROUGH PARK WE S T B O R O U G H B L V D S H A N N O N P L W ESTBOROUGH BLVD F L E E T W O O D D R DU B L I N D R Class IV Facility - Westborough BoulevardClass IV Facility - Westborough Boulevard4 A A Skyline Blvd to Gellert BoulevardSkyline Blvd to Gellert Boulevard SECTION A-A 153 GALWA Y D R GALWA Y P L OL Y M P I C D R G E L L E R T B L V D OA K M O N T D R S K Y L I N E B L V D BANTRY L N ARDEE LN TARA LN SHANNON DR WESTBOROUGH PARK WE S T B O R O U G H B L V D S H A N N O N P L W ESTBOROUGH BLVD F L E E T W O O D D R DUB L I N D R Class I Facility - Westborough BlvdClass I Facility - Westborough Blvd5 A A Skyline Blvd to Gellert BoulevardSkyline Blvd to Gellert Boulevard SECTION A-A 154 Diverging Diamond Interchange with Median Bicycle/Pedestrian FacilityDiverging Diamond Interchange with Median Bicycle/Pedestrian Facility6 A A B B SECTION A-A SECTION B-B 155 GE L L E R T B L V D APPIA N W A Y WESTBOROUGH BLVD WESTBOROUGH BLVD JU N I P E R O S E R R A B L V D CALIFORNIA GOLF CLUB OF SAN FRANCISCO PACIFIC SUPERMARKET SAFEWAY PHILZ COFFEE SELLICKPARK ESCAN Y O D R COLINA PRIVATE DR INTERSTATE 280 Diverging Diamond Interchange with Pedestrian OvercrossingDiverging Diamond Interchange with Pedestrian Overcrossing7 A A B B SECTION A-A SECTION B-B 156 G E L L E R T B L V D PACIFIC SUPERMARKET SAFEWAY ESCANYO DR SELLICK PARK COLINA PRIVATE DR PHILZ COFFEE J U N I P E R O S E R R A B L V D CALIFORNIA GOLF CLUB OF SAN FRANCISCO WESTBOROUGH BLVD WESTBOROUGH B L V D INTERSTATE 280 Median Bicycle/Pedestrian FacilityMedian Bicycle/Pedestrian Facility8 A A B B CONFORM TO EXISTING CLASS IV BIKEWAYS Gellert Boulevard to Junipero Serra BoulevardGellert Boulevard to Junipero Serra Boulevard SECTION A-A SECTION B-B 157 E L C A M I N O R E A L C A M A R I T A S A V E W O R A N G E A V E WESTBO R O U G H B L V D A N T O I N E T T E L N CHESTNUT AVE ARROYO D R CALIFORNIA GOLF CLUB OF SAN FRANCISCO PACIFICSUPERMARKET SOUTH SAN FRANCISCO PUBLIC LIBRARY Eastern Extension of Westborough Median Class I Multi-use PathEastern Extension of Westborough Median Class I Multi-use Path9 A A B B C C SECTION A-A SECTION B-B SECTION C-C 158 C A M A R I T A S A V E E L C A M I N O R E A L W O R A N G E A V E WESTBO R O U G H B L V D A N T O I N E T T E L N CHESTNUT AVE ARROYO D R CALIFORNIA GOLF CLUB OF SAN FRANCISCO PACIFICSUPERMARKET SOUTH SAN FRANCISCO PUBLIC LIBRARY Eastern Westborough Class IV BikewaysEastern Westborough Class IV Bikeways10 A A B B CONFORM TO EXISTING CLASS IV BIKEWAYS SECTION A-A SECTION B-B 159 ATTACHMENT 5 PUBLIC OUTREACH – ALTERNATIVES COMMENTS DATE: July 25, 2024 TO: Matthew Rubble, PE | City of South San Francisco Lawrence Henriquez, PE | City of South San Francisco FROM: David Mahama, PE | DKS Associates Bincy Koshy | DKS Associates SUBJECT: Junipero Serra Boulevard and Westborough Boulevard Bikeway Feasibility Study: Public Outreach Summary P#20143-014 KEY THEMES •Many participants mentioned their preference for a multi-use path along Junipero Serra Boulevard and Westborough Boulevard with separate lanes for pedestrians and bicyclists. Some participants expressed their concern about a two-way cycle track on the same side of the roadway given the speed differential while biking and chances for conflicts. This is also the case for pedestrians and bicyclists. •Several participants expressed their interest in the diverging diamond interchange configuration at the interchange and acknowledged the safety benefits. Most participants mentioned that they prefer the median pedestrian and bicycle facility over the grade-separate multi-use path through the interchange due to it being too long to traverse the interchange area and higher costs being another factor. •Some participants expressed the importance of American Disability Act (ADA) accessibility along the pedestrian and bicycle facilities given the topographical elevation gain/drop in the area which makes it challenging to navigate for ADA populations. Some participants suggested making facilities wide enough and installing benches along the facility to accommodate seniors and ADA populations. DETAILED COMMENTS Detailed comments on proposed alternatives include: •Many participants expressed their interest in a multi-use path along Junipero Serra Boulevard and Westborough Boulevard with separation for pedestrians and bicyclists within the facility. 160 2 o One participant mentioned the multi-use path along Westborough Boulevard is the best option given Westborough Middle School is located along the roadway, just to the east of Callan Boulevard - the facility would be ideal for students. o In addition, the participant suggested the need for pedestrian crossing signals or other safety improvements at the school entrance along Westborough Boulevard to alert drivers during school drop-off and pick-up times. o The participant also added that it would be ideal for parents driving to wait in their vehicles within the school premises parking lot rather than along Westborough Boulevard during school pick-up time if the school allows it. o Participants discussed a need to consider American Disabilities Act (ADA) accessibility and inclination of terrain/elevation when considering a multi-use path along Junipero Serra Boulevard and through the interchange. o Inclusion of wheelchair along with bicyclists should be accounted for with width of multi-use path as wheelchair users would be moving at a slower pace compared to bicyclists. Separation of pedestrian and bicycle paths within the multiuse path facility should be considered. o Some participants suggested installing benches by the multi-use path specifically at elevation gain points such as through the interchange especially for older populations. • At places with steep elevation gain/drops, for example, along Westborough Boulevard from Skyline Boulevard to Gellert Boulevard, a two-way cycle track can be less comfortable for bicyclists going in the opposite direction given the speed differential. This could also be the case for pedestrians and bicyclists – several participants expressed concerns over this. Thus, although many participants indicated their preference for the multi-use path facility, some participants suggested directional bike lanes and sidewalks on either side of the road or clear separation between pedestrians and bicyclists within a multi-use path to avoid conflicts. • Many participants preferred the diverging diamond configuration at the interchange and acknowledged the safety benefits for all users, especially for pedestrians and bicyclists. o Some participants expressed concern over the separate pedestrian and bicycle facility through the interchange being too long to traverse the interchange area. A participant also expressed concern over the increased delay of motor vehicles with this configuration. o Participants preferred the median multi-use path through the interchange over the grade-separated multi-use facility that loops through the interchange, cost being one of the factors mentioned. o Many participants fully support the median pedestrian and bicycle facility along Westborough Avenue. 161 PUBLIC OUTREACH DATE: July 23, 2024 TO: Matthew Rubble, PE | City of South San Francisco Lawrence Henriquez, PE | City of South San Francisco FROM: David Mahama, PE | DKS Associates Bincy Koshy | DKS Associates SUBJECT: Junipero Serra Boulevard and Westborough Boulevard Bikeway Feasibility Study: Public Outreach Summary P#20143-014 INTRODUCTION This memorandum summarizes the general themes of the public outreach feedback and comments received from the project website, pop-up events and community workshop conducted for the Junipero Serra Boulevard and Westborough Boulevard Bikeway Feasibility Study Project in the City of South San Francisco. KEY THEMES Key themes from the community workshop include: •Many participants mentioned their preference for a multi-use path along Junipero Serra Boulevard and Westborough Boulevard with separate lanes for pedestrians and bicyclists. Some participants expressed their concern about a two-way cycle track on the same side of the roadway given the speed differential while biking and chances for conflicts. This is also the case for pedestrians and bicyclists. •Several participants expressed their interest in the diverging diamond interchange configuration at the interchange and acknowledged the safety benefits. Most participants mentioned that they prefer the median pedestrian and bicycle facility over the grade -separate multi-use path through the interchange due to it being too long to traver se the interchange area and higher costs being another factor. •Participants agreed with removing the pedestrian overhead crossing at Clay Avenue and signalizing the intersection to avoid vehicles making tight right turns at high speeds onto Clay Avenue. Participants also agreed that signaling Arroyo Drive will help slow down fast turning vehicles. ATTACHMENT 6 162 2 • Participants mentioned the high speeds and lack of crossing opportunities and continuous pedestrian and bike facilities at Hickey Boulevard. • Some participants expressed the importance of American Disability Act (ADA) accessibility along the pedestrian and bicycle facilities given the topographical elevation gain/drop in the area which makes it challenging to navigate for ADA populations. Some participants suggested making facilities wide enough and installing benches along the facility to accommodate seniors and ADA populations. • Participants indicated the need for proper lighting and vertical physical separation of pedestrian and bicycle facilities from motor vehicle lanes along Junipero Serra Boulevard and Westborough Boulevard. • Some participants mentioned the uncomfortable experience associated with crossing or traversing specific locations for pedestrians and bicyclists such as Camaritas Ave, Juniper Serra Boulevard/Westborough Boulevard, Junipero Serra Boulevard/I-280 ramps due to high vehicular speeds. • Participants suggested giving pedestrians/bicyclists a lead timing advance to cross at intersections before motor vehicles. Key themes from the project website include: • About 372 people visited the website, 187 people viewed the project information, 53 participants provided feedback/comments, and 106 comments in total were provided . • Majority of the comments received (65% of total comments) were related to biking and walking concerns. • The top challenges include lack of pedestrian and bicycle infrastructure, high vehicular speeds, walking/biking alongside vehicular traffic, and crossing challenges. o Respondents expressed the need to improve accessibility and connectivity for pedestrian and bicyclists by installing dedicated off-street facilities including access to major destinations such as Westborough Square from Buri Buri neighborhood and Avalon Park. o Several respondents indicated that high vehicular speeds are a major barrier to walking and biking in the area, especially along Junipero Serra Boulevard, Westborough Boulevard, the interchange, the I-280 ramps along Westborough Boulevard, Clay Avenue, Arroyo Drive, Chestnut Avenue/El Camino Real. o Many participants also mentioned the challenge with a lack of vertical separation (physical buffer) for bicyclists along major roadways (Junipero Serra Boulevard, Westborough Boulevard). Currently, they bike/walk alongside high vehicular capacity traffic travelling at high speeds along with topographical elevation gain/drop which makes the overall experience very uncomfortable. o Participants relayed that crossing at certain locations and intersections is challenging due to high traffic speeds specifically at Junipero Serra Boulevard/Hickey Boulevard, Chestnut Avenue/Antoinette Lane, I-280 ramps/Westborough Boulevard, and Gellert Boulevard/Westborough Boulevard. 163 3 • Respondents expressed the need for traffic calming measures to reduce speeds; dedicated bike and pedestrian facilities with vertical physical barriers along Junipero Serra Boulevard and Westborough Boulevard; and safe and comfortable crossing opportunities; proper lighting along pedestrian and bicycle facilities; and signage and markings (green paint) to alert drivers of pedestrian and bicycle facilities. PUBLIC OUTREACH B ACKGROUND In order to provide guidance to the City of South San Francisco for the development of non-motorized alternatives for Junipero Serra Boulevard and Westborough Boulevard, a community workshop was conducted to solicit public input on potential alternatives for the two roadways. The following sections provide an overview of the process and results of the community workshop. Social Pinpoint website (BikeLanesfortheBoulevards.com) was available online for almost one year; July 17, 2023 to the present, and 53 participants provided responses and input. Four different pop-up events were also held around the City over the past year to solicit feedback. The following sections summarize the responses from the community workshop, website, and pop-up events in detail. COMMUNITY WORKSHOP On June 25th, 2024, a community workshop was conducted from 6pm – 8pm at the South San Francisco Public Library located at 901 Civic Campus Way, South San Francisco, CA 94080. Around 20-30 people attended the workshop. In coordination with City staff, DKS Associates collaborated with Mark Thomas to prepare materials for the workshop such as: • Welcome sign • Website sign with website link and QR code COMMUNITY WORKSHOP, SOUTH SAN FRANCISCO PUBLIC LIBRARY, JUNE 25 TH, 202 4 COMMUNITY WORKSHOP, SOUTH SAN FRANCISCO PUBLIC LIBRARY, JUNE 25 TH, 202 4 164 4 • Presentation board displaying all concepts and alternatives proposed for Junipero Serra Boulevard and Westborough Boulevard (prepared by Mark Thomas) • Presentation (prepared by DKS Associates) • FAQ document summarizing project background • Sign-In sheets for participants • Comment sheets to write down comments • Spanish interpretation Public input is vital to the development of this study and the community workshop was one of the ways where the public could share their thoughts and ideas. DKS conducted a presentation on the study to introduce pedestrian and bicycle concepts being proposed after which the public were allowed to review the boards at different stations showing the alternatives. City and consultant staff were present at each station to explain the different alternatives b eing explored. The public were given opportunities to provide feedback in many ways including: • Verbally through discussions with staff (documented in the section below). • Project website using the QR code which was shared during the presentation and included in all the materials. • Comment sheets. • Sticky notes which were pasted on the boards. COMMUNITY WORKSHOP, SOUTH SAN FRANCISCO PUBLIC LIBRARY, JUNE 25 TH, 202 4 PRESENTATION AT COMMUNITY WORKSHOP BOARDS DISPLAYING ALTERNATIVES FOR JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD 165 5 Public Feedback Notes The following notes what we heard from the public at the community workshop: Location Specific Comments: • At Clay Avenue: o Participants agreed with signalizing this intersection and removing the pedestrian bridge. o Speeding vehicles making tight right turns onto Clay Avenue. • At King Drive, participants suggested: o Getting rid of the right-turn slip lanes to slow down motor vehicles. o Replacing parking lanes with bike lanes to improve safety and non-motorized travel. • At Hickey Boulevard: o Traffic speeds are high and seems less comfortable for bicyclists crossing the intersection. • At Arroyo Drive: o Participants agreed with signalizing this intersection. Other suggestions at the intersection include: ▪ Continuing the multi-use facility (alternative) through the intersection. ▪ Consider slowing down westbound right-turning vehicles to increase comfort for pedestrians and bicyclists. BOARDS DISPLAYING ALTERNATIVES AT COMMUNITY WORKSHOP PUBLIC INTERACTION WITH CITY/CONSULTANT STAFF ABOUT PROJECT ALTERNATIVES 166 6 • At Oakmont Drive: o Westbound left green time is considerably short especially during school pick-up times (allows around three vehicles) per participants. • At Fleetwood Drive: o A participant suggested signalizing this intersection. • At Olympic Drive: o A participant suggested signalizing this intersection due to downhill eastbound through traffic speeding along Westborough Boulevard, therefore not allowing gaps for westbound left turns onto Olympic Drive. It should also be noted that this is the roadway that drivers take to get to Monte Verde Elementary Sc hool located further south. • At Gellert Boulevard/ Westborough Boulevard: o A participant indicated the need for a bike box in the westbound direction to reserve space for bicyclists at the intersection. o A participant also expressed their concern for fast-right turning vehicles from Gellert onto Westborough Boulevard. • At Antoinette Lane: o One participant expressed the need to improve safety for pedestrians and bicyclists. • At Orange Avenue: o A participant mentioned the high number of conflicting movements between pedestrians, bicyclists, and motor vehicles, making it less comfortable for all. • Two participants mentioned the lack of comfort for pedestrians and bicyclists near slip lanes as motor vehicle speeds are high (at Camaritas Ave, Juniper Serra Boulevard/Westborough Boulevard, Junipero Serra Boulevard (I-280) Southbound Ramps). Comments on proposed alternative options include: • Many participants expressed their interest in a multi-use path along Junipero Serra Boulevard and Westborough Boulevard with separation for pedestrians and bicyclists within the facility . o One participant mentioned the multi-use path along Westborough Boulevard is the best option given Westborough Middle School is located along the roadway, just to the east of Callan Boulevard - the facility would be ideal for students. o In addition, the participant suggested the need for pedestrian crossing signals or other safety improvements at the school entrance along Westborough Boulevard to alert drivers during school drop-off and pick-up times. o The participant also added that it would be ideal for parents driving to wait in their vehicles within the school premises parking lot rather than along Westborough Boulevard during school pick-up time if the school allows it. o Participants discussed a need to consider American Disabilities Act (ADA) accessibility and inclination of terrain/elevation when considering a multi-use path along Junipero Serra Boulevard and through the interchange. o Inclusion of wheelchair along with bicyclists should be accounted for with width of multi-use path as wheelchair users would be moving at a slower pace compared to 167 7 bicyclists. Separation of pedestrian and bicycle paths within the multiuse path facility should be considered. o Some participants suggested installing benches by the multi-use path specifically at elevation gain points such as through the interchange especially for older populations. • At places with steep elevation gain/drops, for example, along Westborough Boulevard from Skyline Boulevard to Gellert Boulevard, a two-way cycle track can be less comfortable for bicyclists going in the opposite direction given the speed differential. This could also be the case for pedestrians and bicyclists – several participants expressed concerns over this. Thus, although many participants indicated their preference for the multi -use path facility, some participants suggested directional bike lanes and sidewalks on either side of the road or clear separation between pedestrians and bicyclists within a multi -use path to avoid conflicts. • Many participants preferred the diverging diamond configuration at the interchange and acknowledged the safety benefits for all users, especially for pedestrians and bicyclists. o Some participants expressed concern over the separate pedestrian and bicycle facility through the interchange being too long to traverse the interchange area. A participant also expressed concern over the increased delay of motor vehicles with this configuration. o Participants preferred the median multi -use path through the interchange over the grade-separated multi-use facility that loops through the interchange, cost being one of the factors mentioned. o Many participants fully support the median pedestrian and bicycle facility along Westborough Avenue. General comments include: • Some participants indicated that existing bike lanes along Junipero Serra Boulevard are not well maintained or cleaned. • Many participants emphasized the high speed of motor vehicles on these roadways which makes biking less comfortable. o Adding speed limits specifically for electric bikes was suggested . • Improve lighting near pedestrian and bicycle facilities especially in neighborhood areas. • Participants stressed the need for proper separation/buffer between bicyclists/pedestrians and motor vehicles. o Some participants mentioned the pedestrian volume is high along Westborough Boulevard between Junipero Serra Boulevard and El Camino Real and motor vehicle speeds are very high. Hence, there is a need to improve safety by installing vertical barriers for sidewalks. • A participant mentioned the importance of aesthetics of pedestrian and bicycle facilities . • Few participants mentioned exploring bike signals. • Some participants suggested giving pedestrians/bicyclists a lead timing advance to cross at intersections before motor vehicles. • Couple of participants requested bicycle repair stations. 168 8 POP -UP EVENTS Four pop-up events were conducted in collaboration with the City to inform the public, solicit feedback from the public. The events took place at the following locations around the city: • National Night Out Event at Buri Buri Park, August 1, 2023. • South San Francisco Public Library, October 28, 2023. • Farmer’s Market at Orange Memorial Park, April 27, 2024. • St. Augustine Catholic Church, June 21, 2024. At these pop-up events, the Project website was used to collect feedback as comments on the map and document the public’s concern. Based on comments, the project team expanded the extent of the project to address concerns. The section below (Project Website) includes the summary of what we heard from the public – a summary of the comments received thus far is provided. PROJECT WEBSITE The DKS team created a project website using Social Pinpoint that provides an overview of the project and also includes an interactive map that visitors can click and leave feedback/suggestions/concerns related to pedestrian facilities, bicycle facilities, safety challenges etc. at specific locations. The website (BikeLanesfortheBoulevards.com) was available online for almost one year; July 17, 2023 to the present. Figure 1 shows the project website with the interactive map. POP -UP EVENTS AT VARIOUS LOCATIONS AROUND THE CITY 169 9 FIGURE 1 . PROJECT WEBSITE As shown in Figure 2, 372 people visited the website, 187 people viewed the project information, 53 participants provided feedback/comments, and 106 comments in total were provided. FIGURE 2 . WEBSITE STATISTICS The comments were categorized into the following categories: • Bike concerns • Pedestrian Concerns • Safety Concerns • Other Comments In total, 106 comments were received via the website. As shown in Figure 3, 40 comments (approximately 38%) fall under bike concerns, 29 (approximately 27%) fall under pedestrian concerns, 22 (approximately 21%) fall under safety concerns, and 15 (around 14%) fall under other comments. 170 10 FIGURE 3 . WEBSITE COMMENTS CATEGORY Barriers to Walking and Biking Participants provided comments describing the challenges they face walking and biking in the study region. Key themes that appeared in multiple responses included: • Narrow lanes • No pedestrian and bicycle infrastructure • Walking/biking alongside vehicular traffic • Poor lighting • High vehicular speeds • Crossing challenges • Vehicle turning movements • Landscaping challenges • Elevation gain/drop challenges Figure 4 illustrates the number of comments received related to each of the challenges mentioned above. As shown, the top challenges include lack of pedestrian and bicycle infrastructure (22 comments), high vehicular speeds (22 comments), walking/biking alongside vehicular traffic (19 comments), and crossing challenges (17 comments). Respondents indicated there is no dedicated pedestrian and comfortable bicycle infrastructure (sidewalks and bike lanes) along Junipero Serra Boulevard an d Westborough Boulevard roadways and the interchange. There is a lack of dedicated, connected and accessible facilities to get to major destinations like Westborough Square in the west from Buri Buri neighborhood in the east and Avalon Park in the south – they currently have to go further out of the way along King Drive in the north to get to Westborough Square. Near Hickey Boulevard, where there are residential and commercial areas, there is a lack of connected and continuous pedestrian and bicycle facilities whereas along El 38% 27% 21% 14% Bike Concerns Pedestrian Concerns Safety Concerns Other Comments 171 11 Camino Real, respondents indicated the need for dedicated facilities especially around the Chestnut Avenue/El Camino Real area. Many respondents indicated that high vehicular speeds along Junipero Serra Boulevard and Westborough Boulevard , specifically around the interchange and I-280 on-ramps and off-ramps are major barriers to walking and biking. Other locations include Juniper Serra Boulevard/Clay Avenue where vehicles make right turns heading southbound on Junipero Serra Boulevard into Clay Avenue at very high speeds; Juniper Serra Boulevard/Arroyo Drive where it is challenging for bicyclists to make a left turn from Arroyo Drive onto southbound Junipero Serra Boulevard; El Camino Real/Chestnut Avenue where there are multiple lanes with traffic traveling at high speeds on both main roadways, making it challenging for people to walk/bike through the intersection. Respondents expressed that the lack of physical protection for bicycle infrastructure (dedicated lane with protection) makes it challenging to bike in this region, especially with higher vehicular capacity, speeds, and topographical elevation gain/drop along Junipero Serra Boulevard and Westborough Boulevard. Many respondents indicated challenges crossing roadways in the region due to high vehicular speeds, no crossing opportunities/no connected facilities etc. specifically at Junipero Serra Boulevard/Hickey Boulevard, Chestnut Avenue/Antoinette Lane, I-280 ramps/Westborough Boulevard, and Gellert Boulevard/Westborough Boulevard . Respondents also mentioned the lack of lighting along Westborough Boulevard. FIGURE 4 . BARRIERS TO WALKING AND BIKING 3 22 19 7 22 17 7 1 7 30 0 5 10 15 20 25 30 35 Na r r o w L a n e s No P e d - B i k e I n f r a s t r u c t u r e Wa l k i n g / b i k i n g a l o n g s i d e Ve h i c u l a r T r a f f i c Po o r L i g h t i n g Hi g h V e h i c u l a r S p e e d Cr o s s i n g C h a l l e n g e s Ve h i c l e T u r n i n g M o v e m e n t s La n d s c a p i n g C h a l l e n g e s El e v a t i o n G a i n / D r o p C h a l l e n g e s Ot h e r 172 12 Gaps and Needs Figure 5 shows the number of comments received related to the needs and gaps in the study region. Per the comments, respondents expressed the need for: • Traffic calming measures to slow down vehicular traffic as currently speeds are too high (along Junipero Serra Boulevard, Westborough Boulevard, interchange, I-280 ramps, Clay Avenue, Arroyo Drive etc.) making it harder for bicyclists to bike alongside vehicular traffic and also for pedestrians to use crosswalks. • Installing crosswalks in all directions and signalizing intersections to improve safety, increase facility connectedness etc. at intersections such as Hickey Boulevard, Clay Avenue, Arroyo Drive, Gellert Boulevard etc. • Providing vertical separation/barrier along dedicated bike lanes/multi-use path for bicyclists along Junipero Serra Boulevard and Westborough Boulevard . • Install (or extend) dedicated sidewalks and bike lanes and provide signage and markings for bike lanes (green paint) to alert drivers of bike lane presence along Junipero Serra Boulevard, Westborough Boulevard, El Camino Real etc. • Provide proper lighting along Junipero Serra Boulevard and Westborough Boulevard . FIGURE 5 . GAPS AND NEEDS CONCLUSION The project team will take into consideration the public feedback and will refine the alternatives that are being explored as needed. 16 13 15 17 6 26 7 0 5 10 15 20 25 30 Ph y s i c a l B a r r i e r s be t w e e n B i k e s a n d Tr a f f i c De d i c a t e d B i k e La n e s / P a t h s Si d e w a l k s / P e d e s t r i a n Pa t h Cr o s s w a l k s / S i g n a l i z a t i o n Si g n a g e / M a r k i n g s Tr a f f i c C a l m i n g Me a s u r e s Li g h t i n g 173 174 CITY COUNCIL MEETING August 14, 2024 DAVID MAHAMA Principal, PE DCM@dksassociates.com 510.763.2061 LAWRENCE HENRIQUEZ Senior Engineer, PE Lawrence.Henriquez@ssf.net 650.829.6697 SASHA DANSKY Principal+Vice President, PE SDansky@markthomas.com 925.324.1703 Government Code Section 54957.5 SB 343 Agenda Item: 9 08/14/2024 REG CC 175 AGENDA 1 / PROJECT OVERVIEW/BACKGROUND 2 / PUBLIC OUTREACH OVERVIEW 3 / POTENTIAL SOLUTIONS & ALTERNATIVES 4 / NEXT STEPS 176 PROJECT BACKGROUND 3 •Plan for bicyclists and pedestrians -Active South City Report (June 2022) •High level of traffic stress for bicyclists on both roadways •Study Corridors -High Percentage of Crashes/Injuries •Missing sidewalks on both roadways 3JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 177 PROJECT AREA 4JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 Junipero Serra Boulevard between Hickey Boulevard and Avalon Drive Westborough Boulevard between Skyline Boulevard and Antoinette Lane 178 JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD TODAY 5 Northbound Junipero Serra Blvd at Arroyo Drive Westbound Westborough Boulevard west of Camaritas Avenue JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 179 PROJECT GOALS •Improve safety, accessibility and mobility •Install low stress bikeway facilities and sidewalks 6JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 180 PROJECT PROCESS 7JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 Vision, Goals and Objectives Today’s Focus Public Outreach, Existing Conditions PA/EDFeasibility Study Design PS&E ConstructionPID 181 •Five Pop-Up Events •Community Workshop •Project Website –Social Pinpoint PUBLIC OUTREACH 8JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 Based on the feedback received from the public on walking and biking along Junipero Serra Boulevard and Westborough Boulevard, the team developed a set of alternative concept plans 182 Five Pop-Up Events >National Night Out 1 –Aug 1, 2023 >Library –Grand Opening –Oct 28, 2023 >Farmers Market –April 27,2023 >St. Augustine Church –June 23, 2024 >National Night Out 2 –Aug 6, 2024 POP-UP EVENTS 9JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 183 SOCIAL PINPOINT 10JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 184 SOCIAL PINPOINT 11JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 Bike Concerns Pedestrian Concerns Safety Concerns Other Comments 372 visits 106 comments 185 SOCIAL PINPOINT 12JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 3 22 19 7 22 17 7 1 7 30 0 5 10 15 20 25 30 35 Na r r o w L a n e s No P e d - B i k e I n f r a s t r u c t u r e Wa l k i n g / b i k i n g a l o n g s i d e V e h i c u l a r Tr a f f i c Po o r L i g h t i n g Hi g h V e h i c u l a r S p e e d Cr o s s i n g C h a l l e n g e s Ve h i c l e T u r n i n g M o v e m e n t s La n d s c a p i n g C h a l l e n g e s El e v a t i o n G a i n / D r o p C h a l l e n g e s Ot h e r Barriers to Walking and Biking 186 SOCIAL PINPOINT 13JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 Gaps and Needs 16 13 15 17 6 26 7 0 5 10 15 20 25 30 Ph y s i c a l B a r r i e r s b e t w e e n B i k e s an d T r a f f i c De d i c a t e d B i k e L a n e s / P a t h s Si d e w a l k s / P e d e s t r i a n P a t h Cr o s s w a l k s / S i g n a l i z a t i o n Si g n a g e / M a r k i n g s Tr a f f i c C a l m i n g M e a s u r e s Li g h t i n g 187 COMMUNITY WORKSHOP 14JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 •June 25, 2024 •PowerPoint Presentation •Boards •Project Materials •Introduced concepts 188 POTENTIAL SOLUTIONS: DIFFERENT TYPES OF BIKE LANES •Class I –Shared-Use or Multi-use trails/paths, fully separated facilities for pedestrians and bicyclists •Class IV –Separated or protected bike lanes/cycle tracks -exclusive use by bicycles (no pedestrians). There can be horizontal or vertical separation such as flexible posts, on-street parking, planters, grade separation Class I –Bike Path (Source: Have your Say Monterey, 2021) Class IV –Separated Bikeway (Source: Have your Say Monterey, 2021) 15JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 189 JUNIPERO SERRA BOULEVARD 16JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 •Shared/Multi-Use Path: Class 1 Pedestrian and Bike Facility (off- street) on the east side of Junipero Serra Boulevard Class I Multi -Use Path in Goleta, CA (Source: Google Maps) Class I Multi-Use Path in Goleta, CA (Source: City of Goleta website) 190 DIFFERENT TYPE OF BIKE LANES Two-way Class IV bikeway on one side of the roadway. Two-Way Separated Bikeway, SFO Airport, N Access Road (Source: Google Maps) Two-Way Separated Bikeway, N 12th Street, Sacramento (Source: Google Maps) 17JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 191 ●Directional Class IV (separated) bikeways on both sides of the roadway 18 Source : Google Maps JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 DIFFERENT TYPES OF BIKE LANES 192 MEDIAN BIKE LANES 3rd Avenue/S Norfolk Street (Source: Google Maps) 19JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 193 POTENTIAL ALTERNATIVES AT JUNIPERO SERRA BLVD/WESTBOROUGH BLVD –ALTERNATIVE A 20JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 Diverging Diamond Interchange with Ribbon 194 21JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 Diverging Diamond Interchange with Median POTENTIAL ALTERNATIVES AT JUNIPERO SERRA BLVD/WESTBOROUGH BLVD –ALTERNATIVE A 195 INNOVATIVE INTERCHANGE CONFIGURATION (DIVERGING DIAMOND INTERCHANGE)-EXAMPLE 22JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 https://www.youtube.com/watch?v=_Z5zJWm4XdI&t=2s 196 23JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 POTENTIAL ALTERNATIVES AT JUNIPERO SERRA BLVD/WESTBOROUGH BLVD –ALTERNATIVE B 197 24JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 POTENTIAL ALTERNATIVES AT JUNIPERO SERRA BLVD/WESTBOROUGH BLVD –ALTERNATIVE C 198 25JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 POTENTIAL SOLUTIONS –WESTBOROUGH BLVD (WEST OF JUNIPERO SERRA BLVD/WESTBOROUGH BLVD UPTO SKYLINE BLVD) Option 1 -Two-Way Separated Class IV Facility 199 26JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 Option 2 -Directional Class IV Facility POTENTIAL SOLUTIONS –WESTBOROUGH BLVD (WEST OF JUNIPERO SERRA BLVD/WESTBOROUGH BLVD UPTO SKYLINE BLVD) 200 27JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 Option 3 -Class I Facility POTENTIAL SOLUTIONS –WESTBOROUGH BLVD (WEST OF JUNIPERO SERRA BLVD/WESTBOROUGH BLVD UPTO SKYLINE BLVD) 201 28JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 Option 1 -Class I Median Multi-Use Path Facility POTENTIAL SOLUTIONS –WESTBOROUGH BLVD (EAST OF JUNIPERO SERRA BLVD/WESTBOROUGH BLVD) 202 29JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 Option 2 -Class IV Bikeways POTENTIAL SOLUTIONS –WESTBOROUGH BLVD (EAST OF JUNIPERO SERRA BLVD/WESTBOROUGH BLVD) 203 30JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 POTENTIAL SOLUTIONS –JUNIPERO SERRA BLVD Class I Multi-Use Path Facility 204 NEXT STEPS •Complete feasibility study by Fall 2024 •Caltrans PID and PA/ED phases (timeline Spring 2025) –Funded •Public Outreach –ongoing and continuous •Begin design (timeline TBD) -Funded •Begin construction (timeline TBD) –Not Funded •Touchpoints with Council 31JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 205 Thank you! 32JUNIPERO SERRA BOULEVARD AND WESTBOROUGH BOULEVARD BIKEWAY FEASIBILITY STUDY -AUGUST 14, 2024 DAVID MAHAMA Principal, PE DCM@dksassociates.com 510.763.2061 LAWRENCE HENRIQUEZ Senior Engineer, PE Lawrence.Henriquez@ssf.net 650.829.6697 206 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-694 Agenda Date:8/14/2024 Version:1 Item #:10. Report regarding three separate resolutions authorizing the submittal of three grant applications to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and Bicycle Program Funding and similar grant applications requiring no more than a total of $500,000 in local match funds.(John Wilson,Associate Civil Engineer) RECOMMENDATION City staff recommends that the City Council adopt three separate resolutions authorizing the submittal of three grant applications to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and Bicycle Program Funding and similar grant applications requiring no more than a total of $500,000 in local match funds. BACKGROUND/DISCUSSION The San Mateo County Transportation Authority Measure A and W Pedestrian and Bicycle Program (Program) funds projects that improve bicycling and walking accessibility and safety in San Mateo County,helping to encourage more residents to participate in active transportation.The Program is the product of the San Mateo County Transportation Authority (SMCTA)Strategic Plan 2020-2024 and funded through a combination of Measures A and W. The Program is congruent with SMCTA Measure A Goals and SMCTA Measure W Core principles. Local agencies are eligible to apply for up to three separate grants,and City staff have determined three distinct scopes that provide needed safety improvements for school children adjacent to Alta Loma Middle School,Buri Buri Elementary School,Parkway Heights Middle School,and Ponderosa Elementary School.The three grant applications ready to be submitted by South San Francisco,pending City Council approval,total a potential grant award of $5,000,000: 1.Application one for a large capital project for an amount not exceeding $2,000,000 for pedestrian and bike improvements adjacent to Alta Loma Middle School and Buri Buri Elementary School. 2.Application two for a large capital project for an amount not exceeding $2,000,000 for pedestrian and bike improvements adjacent to Parkway Heights Middle School. 3.Application three for a small capital project for an amount not exceeding $1,000,000 for pedestrian and bike improvements adjacent to Ponderosa Elementary School. Improvements to be included in the implementation grants will include various safety and mobility countermeasures identified during school walk audits performed in Spring of 2023 and 2024.The walk audit process is a crucial step in identifying challenges related to infrastructure and travel behavior near the school. This process involves participation from City and School staff,as well as students and parents.The proposed projects will provide needed safety improvements for school children adjacent to these schools. The proposed improvements consist of new and upgraded walkways,including sidewalks,curb extensions,City of South San Francisco Printed on 8/13/2024Page 1 of 2 powered by Legistar™207 File #:24-694 Agenda Date:8/14/2024 Version:1 Item #:10. The proposed improvements consist of new and upgraded walkways,including sidewalks,curb extensions, raised crosswalks,and curb ramps.To enhance the safety of pedestrians and bicyclists,installation of traffic control devices such as high-visibility crosswalks,school speed zones,and protected bike lanes will be considered.Finally,project scope may include evaluating traffic calming measures intended to reduce vehicle speeds along school routes,such as neighborhood traffic circles,speed tables,speed bumps,and hardened centerlines. As outlined in the City’s General Plan policy,these proposed Safe Routes to School improvements promote biking and walking to school,prioritize more vulnerable modes of transportation,and address specific safety concerns identified in partnership with the schools. FISCAL IMPACT Staff continuously scan for various grant funding opportunities.Upon successful award of grant(s),staff will work with the City Council as necessary for budget appropriation to ensure sufficient funds to cover a local match. The Pedestrian and Bicycle Program grant requires a local match of 10%if the grant is awarded.Pending approval of the final grant amount,the City would be responsible for a match up to $500,000 for all three grant submittals. There is no fiscal impact to the Fiscal Year (FY)2024-25 budget as Citywide Traffic Impact Fees funding is available under related CIP Project tr1602 and other unallocated Citywide Traffic Impact Fees to cover the matching funds. 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. CONCLUSION City staff recommends that the City Council adopt three separate resolutions authorizing the submittal of three grant applications to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and Bicycle Program Funding and similar grant applications requiring no more than a total of $500,000 in local match funds. City of South San Francisco Printed on 8/13/2024Page 2 of 2 powered by Legistar™208 San Mateo County Ped/Bike Grant Opportunity: (1) Alta Loma / Buri Buri (2) Parkway Heights (3) Ponderosa Schools Ped and Bike Improvements August 14, 2024 Government Code Section 54957.5 SB 343 Agenda Item: 10 08/14/2024 REG CC 209 2 Areas for Improvements 210 3 Example Curb Extension and High-Vis Crosswalk 211 4 Example Neighborhood Traffic Circle 212 5 Example Speed Table 213 6 Example Roadway Reconfiguration for Protected Bike Lane 214 7 Example Transit Platform 215 8 Example Pedestrian Islands 216 9SCHEDULE Construction Start (Approx. Summer 2025) Construction Complete (Approx. Fall 2025) 9 Grant Decision (December 2024) 217 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-695 Agenda Date:8/14/2024 Version:1 Item #:10a. Resolution supporting the Alta Loma Middle and Buri Buri Elementary Schools Ped and Bike Improvements Project and submitting an application to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and Bicycle Program Funding and similar grant applications requiring no more than a total of $200,000 in local match funds. WHEREAS,the City of South San Francisco (City)has identified key recommendations to improve pedestrian, bicycle,and motor vehicle safety,and encourage more walking and bicycling to Alta Loma Middle School and Buri Buri Elementary School; and WHEREAS,the City has developed the Alta Loma Middle and Buri Buri Elementary Schools Ped and Bike Improvements Project (Project) to construct pedestrian and bike safety measures; and WHEREAS, it will cost an amount not exceeding $2,000,000 to implement the Project; and WHEREAS, the City seeks $2,000,000 for the Project; and WHEREAS,the San Mateo County Transportation Authority (SMCTA)issued a Call for Projects for the Cycle 7 Measures A and W Pedestrian and Bicycle Program on June 10, 2024; and WHEREAS, the SMCTA requires the City’s governing board to adopt a resolution: 1.Supporting the Project and application for $2,000,000 in SMCTA Measures A and W Pedestrian and Bicycle Program funds for Project; 2.Committing the City to the completion of the Project,including the commitment of matching funds in the amount of $200,000 needed for implementation; 3.Certifying that any funds awarded by the SMCTA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and 4.If funds are awarded,authorizing the City Manager,or designee,to sign a funding agreement or memorandum of understanding (MOU)with the SMCTA for SMCTA Measures A and W Pedestrian and Bicycle Program funding for the Project and to take any other actions necessary to give effect to this resolution and execute applicable amendments. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby supports the Alta Loma Middle and Buri Buri Elementary Schools Ped and Bike Improvements Project (Project)and authorizes submittal of an application to the San Mateo County Transportation Authority (SMCTA) for Measures A and W Pedestrian and Bicycle Program funds for $2,000,000 for the Project. BE IT FURTHER RESOLVED that the City Manager,or designee,is hereby authorized to execute a funding City of South San Francisco Printed on 8/13/2024Page 1 of 2 powered by Legistar™218 File #:24-695 Agenda Date:8/14/2024 Version:1 Item #:10a. BE IT FURTHER RESOLVED that the City Manager,or designee,is hereby authorized to execute a funding agreement or MOU and any amendments with the SMCTA to implement SMCTA Measures A and W Pedestrian and Bicycle Program funds, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Council hereby commits the City to completing the Project, including contributing $200,000 of matching funds needed for Project implementation,if the requested SMCTA funds are awarded. BE IT FURTHER RESOLVED that the City Council hereby certifies that any funds awarded by the SMCTA will be used to supplement existing funds for program activities,and will not replace existing funds or resources. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager,or designee,to take any other actions necessary to give effect to this resolution and execute applicable amendments. BE IT FURTHER RESOLVED that the City Council hereby authorizes all future grant applications requiring no more than $200,000 local match funds for the Project. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the resolution and accompanying staff report. ***** City of South San Francisco Printed on 8/13/2024Page 2 of 2 powered by Legistar™219 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-696 Agenda Date:8/14/2024 Version:1 Item #:10b. Resolution supporting the Parkway Heights Middle School Ped and Bike Improvements Project and authorizing submittal of an application to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and bicycle Program Funding and similar grant applications requiring no more than a total of $200,000 in local match funds. WHEREAS,the City of South San Francisco (City)has identified key recommendations to improve pedestrian, bicycle,and motor vehicle safety,and encourage more walking and bicycling to Parkway Heights Middle School; and WHEREAS,the City has developed the Parkway Heights Middle School Ped and Bike Improvements Project (Project) to construct pedestrian and bike safety measures; and WHEREAS, it will cost an amount not exceeding $2,000,000 to implement the Project; and WHEREAS, the City seeks $2,000,000 for the Project; and WHEREAS,the San Mateo County Transportation Authority (SMCTA)issued a Call for Projects for the Cycle 7 Measures A and W Pedestrian and Bicycle Program on June 10, 2024; and WHEREAS, the SMCTA requires the City’s governing board to adopt a resolution: 1.Supporting the Project and application for $2,000,000 in SMCTA Measures A and W Pedestrian and Bicycle Program funds for the Project; 2.Committing the Sponsor to the completion of the Project,including the commitment of matching funds in the amount of $200,000 needed for implementation; 3.Certifying that any funds awarded by the SMCTA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and 4.If funds are awarded,authorizing the City Manager,or designee,to sign a funding agreement or memorandum of understanding (MOU)with the SMCTA for SMCTA Measures A and W Pedestrian and Bicycle Program funding for the Project and to take any other actions necessary to give effect to this resolution and execute applicable amendments. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Franciso hereby supports the Parkway Heights Middle School Ped and Bike Improvements Project (Project)and authorizes submittal of an application to the San Mateo County Transportation Authority (SMCTA)for Measures A and W Pedestrian and Bicycle Program funds for $2,000,000 for the Project. BE IT FURTHER RESOLVED that the City Manager,or designee,is hereby authorized to execute a funding City of South San Francisco Printed on 8/13/2024Page 1 of 2 powered by Legistar™220 File #:24-696 Agenda Date:8/14/2024 Version:1 Item #:10b. BE IT FURTHER RESOLVED that the City Manager,or designee,is hereby authorized to execute a funding agreement or MOU and any amendments with the SMCTA to implement SMCTA Measures A and W Pedestrian and Bicycle Program funds, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Council hereby commits the City to completing the Project, including contributing $200,000 of matching funds needed for Project implementation,if the requested SMCTA funds are awarded. BE IT FURTHER RESOLVED that the City Council hereby certifies that any funds awarded by the SMCTA will be used to supplement existing funds for program activities,and will not replace existing funds or resources. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager,or designee,to take any other actions necessary to give effect to this resolution and execute any applicable amendments. BE IT FURTHER RESOLVED that the City Council hereby authorizes all future grant applications requiring no more than $200,000 local match funds for the Project. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the resolution and accompanying staff report. ***** City of South San Francisco Printed on 8/13/2024Page 2 of 2 powered by Legistar™221 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-697 Agenda Date:8/14/2024 Version:1 Item #:10c. Resolution supporting the Ponderosa Elementary School Ped and Bike Improvements Project and authorizing submittal of an application to the San Mateo County Transportation Authority for Cycle 7 Pedestrian and bicycle Program Funding and similar grant applications requiring no more than a total of $100,000 in local match funds. WHEREAS,the City of South San Francisco (City)has identified key recommendations to improve pedestrian, bicycle,and motor vehicle safety,and encourage more walking and bicycling to Ponderosa Elementary School; and WHEREAS,the City has developed the Ponderosa Elementary School Ped and Bike Improvements Project (Project) to construct pedestrian and bike safety measures; and WHEREAS, it will cost an amount not exceeding $1,000,000 to implement the Project; and WHEREAS, the City seeks $1,000,000 for the Project; and WHEREAS,the San Mateo County Transportation Authority (SMCTA)issued a Call for Projects for the Cycle 7 Measures A and W Pedestrian and Bicycle Program on June 10, 2024; and WHEREAS, the SMCTA requires the City’s governing board to adopt a resolution: 1.Supporting the Project and application for $1,000,000 in SMCTA Measures A and W Pedestrian and Bicycle Program funds for the Project; 2.Committing the City to the completion of the Project,including the commitment of matching funds in the amount of $100,000 needed for implementation; 3.Certifying that any funds awarded by the SMCTA will be used to supplement existing funds for program activities, and will not replace existing funds or resources; and 4.If funds are awarded,authorizing the City Manager,or designee,to sign a funding agreement or memorandum of understanding (MOU)with the SMCTA for SMCTA Measures A and W Pedestrian and Bicycle Program funding for the Project and to take any other actions necessary to give effect to this resolution and execute applicable amendments. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby supports the Ponderosa Elementary School Ped and Bike Improvements Project (Project)and authorizes submittal of an application to the San Mateo County Transportation Authority (SMCTA)for Measures A and W Pedestrian and Bicycle Program funds for $1,000,000 for the Project. BE IT FURTHER RESOLVED that the City Manager,or designee,is hereby authorized to execute a funding City of South San Francisco Printed on 8/13/2024Page 1 of 2 powered by Legistar™222 File #:24-697 Agenda Date:8/14/2024 Version:1 Item #:10c. BE IT FURTHER RESOLVED that the City Manager,or designee,is hereby authorized to execute a funding agreement or MOU and any amendments with the SMCTA to implement SMCTA Measures A and W Pedestrian and Bicycle Program funds, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED that the City Council hereby commits the City to completing the Project, including contributing $100,000 of matching funds needed for Project implementation,if the requested SMCTA funds are awarded. BE IT FURTHER RESOLVED that the City Council hereby certifies that any funds awarded by the SMCTA will be used to supplement existing funds for program activities,and will not replace existing funds or resources. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager,or designee,to take any other actions necessary to give effect to this resolution and execute any applicable amendments. BE IT FURTHER RESOLVED that the City Council hereby authorizes all future grant applications requiring no more than $100,000 local match funds for the Project. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the resolution and accompanying staff report. ***** City of South San Francisco Printed on 8/13/2024Page 2 of 2 powered by Legistar™223 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-734 Agenda Date:8/14/2024 Version:1 Item #:11. Report regarding a resolution authorizing the City Manager to execute a Consulting Services Agreement with Presidio Systems,Inc.of Livermore,California,for $2,389,985.80,and authorizing a total contract budget of $2,760,000.00 for the Condition Assessment of the Sanitary Sewer System (Project No.ss2001).(Jeffrey Chou, Senior Civil Engineer) RECOMMENDATION Staff recommends that City Council adopt a resolution authorizing the City Manager to execute a with Presidio Systems,Inc.of Livermore,California,for $2,389,985.80,and authorizing a total contract budget of $2,760,000.00 for the Condition Assessment of the Sanitary Sewer System (Project No. ss2001). BACKGROUND/DISCUSSION The City’s Public Works Department is embarking on an ambitious project to assess the condition of the entire City’s sanitary sewer gravity system by performing city-wide closed-circuit television (CCTV)inspection for approximately 632,037 linear feet of sewer pipe and 2,836 sewer manholes.The inspections and condition assessments will be following the National Association of Sewer Service Companies'(NASSCO)Pipe and Manhole Assessment and Certification Programs (PACP and MACP). Sewer lines will also be cleaned prior to inspection,and the consultant will provide full documentation of the inspection work, including both video footage and pipeline and manhole inspection reports. CCTV sewer inspections are essential for several reasons: •Accurate Diagnosis:They provide a clear and accurate visual of the interior condition of sewer pipes. This helps in identifying issues such as blockages, cracks, collapses, or root intrusions. •Preventative Maintenance:Regular inspections can help detect potential problems before they become serious. Early detection can prevent major repairs and save money in the long run. •Planning and Decision-Making:Detailed inspections help in planning maintenance and repair activities more effectively.They provide the necessary information to make informed decisions about the best course of action towards future CIP sewer rehabilitation and replacement projects. And once the condition assessment of the sanitary system is complete,the findings play a crucial role in several areas: ·Prioritizing Critical Areas:The assessment helps identify and prioritize areas that require immediate attention. This ensures that resources are allocated efficiently to address the most critical issues first. ·Supporting the Sewer Master Plan:The data gathered from the condition assessment informs the development and updating of the sewer master plan.This strategic plan outlines long-term goals, maintenance schedules, and improvement projects for the sewer system. City of South San Francisco Printed on 8/13/2024Page 1 of 3 powered by Legistar™224 File #:24-734 Agenda Date:8/14/2024 Version:1 Item #:11. ·Protecting Public Health:By addressing potential issues promptly,the risk of sewer overflows and leaks is minimized, protecting public health and the environment from contamination. CCTV inspections are also non-invasive and do not require digging up pipes.Overall,CCTV sewer inspections are a crucial tool for maintaining the integrity and functionality of sewer systems,ensuring they operate efficiently and effectively. Request for Proposals The Project requires a consultant with the right qualifications, experience, and expertise for this scope of work. On April 26,2024,Staff issued a Request for Proposals (RFP)on the City’s procurement website.And on June 7, 2024, the City received two (2) proposals from qualified consultants: •Pipe and Plant Solutions Inc. of San Leandro, CA •Presidio Systems, Inc. of Livermore, CA The consultant proposal review panel consisted of members from the City’s Public Works Maintenance and Engineering Division.The proposal review panel analyzed each consultant’s proposal based on the following categories: •Knowledge and Understanding of the Project •Management Approach and Staffing Plan •Qualifications of the Proposer Firm The consultant proposal review panel determined that Presidio Systems,Inc.,and its team have presented the most responsive and experienced team for the City’s project. Per Public Contract Code (PCC §10344),selection of consultant team is not based on the lowest proposal fee, but on the firm’s expertise,experience,and references.Once Presidio Systems,Inc.was selected as the top- rated firm, staff negotiated the proposed fee to be in line with all required services. FISCAL IMPACT CIP Project No. ss2001 is included in the City of South San Francisco’s fiscal year (FY) 2024-25 Capital Improvements Program (CIP). There are sufficient funds in the FY 2024-25 CIP to cover the total contract cost and is funded by the Sewer Enterprise Fund. No compensation beyond the not-to-exceed amount will be authorized without a mutually agreed-upon level of effort and corresponding contract amendment approved by the City Manager. The proposed costs are shown below: Presidio Systems, Inc. Fee $2,389,985.80 Contract Contingency (15%) $ 370,014.20 Total Estimated Contract Costs $2,760,000.00 City of South San Francisco Printed on 8/13/2024Page 2 of 3 powered by Legistar™225 File #:24-734 Agenda Date:8/14/2024 Version:1 Item #:11. RELATIONSHIP TO STRATEGIC PLAN The City of South San Francisco promotes public health and environmental stewardship.Continuing to fund wastewater infrastructure systems improvements positively affects the quality of life for South San Francisco residents, businesses, and visitors by protecting public health and safety. CONCLUSION Staff recommends authorizing the City Manager to execute a Consulting Services Agreement with Presidio Systems,Inc.of Livermore,California for $2,389,985.80,and authorizing a total contract budget of $2,760,000.00 for the Condition Assessment of the Sanitary Sewer System (Project No. ss2001). Attachments: 1.Sanitary Sewer System Map City of South San Francisco Printed on 8/13/2024Page 3 of 3 powered by Legistar™226 15 10 10 24 24 6 6 6 0 33 6 15 6 10 6 6 21 18 6 6 6 3 3 1 5 6 8 6 16 6 3 0 6 15 10 10 8 24 8 6 6 6 6 6 6 8 27 6 6 6 6 15 10 6 8 15 27 6 6 33 8 6 6 6 15 8 10 6 6 6 6 1 0 8 0 6 6 27 8 6 18 6 6 8 6 0 6 15 0 8 6 0 27 6 66 6 6 21 2 4 6 10 6 6 21 6 18 6 6 8 6 8 6 86 12 1 8 6 36 15 15 10 0 6 8 6 15 6 8 27 10 6 6 6 6 6 6 6 6 8 6 1 2 6 8 6 6 8 6 6 6 6 8 6 6 18 6 8 18 24 6 6 6 6 8 0 6 6 6 6 8 6 0 0 24 6 8 6 8 6 6 8 6 6 6 6 6 6 0 18 6 12 6 6 8 10 6 6 12 8 8 6 8 6 15 8 6 8 8 6 8 0 8 1 8 6 8 6 21 12 8 2 4 6 6 6 0 0 8 6 8 6 6 8 6 6 6 6 6 6 6 6 10 6 6 6 6 6 6 6 6 6 6 6 0 6 8 4 6 4 6 6 10 6 6 6 8 6 6 8 6 6 1 0 6 8 6 6 6 8 6 6 6 6 6 6 10 0 6 6 6 6 6 6 6 6 6 10 6 6 6 12 6 6 6 6 8 6 6 15 6 8 6 6 6 6 6 8 24 6 6 6 6 4 6 6 8 6 6 6 12 12 6 6 86 6 8 6 6 6 6 6 6 6 8 8 27 8 8 6 6 6 8 6 4 6 6 6 6 6 6 6 6 10 6 8 6 6 6 6 6 6 6 12 6 6 6 6 8 6 8 8 6 1 5 6 6 6 6 6 6 6 8 8 6 6 6 6 6 8 18 6 6 6 8 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Gravity Wastewater System Legend Gravity Sewer Mains Diameter 0 1 - 8 9 - 15 16 - 21 22 - 36 Sewer Manholes 227 Condition Assessment of the  Sanitary Sewer System August 14, 2024 Government Code Section 54957.5 SB 343 Agenda Item: 11 08/14/2024 REG CC 22 8 2 Sewer System Approximately •632,037 linear feet of sanitary sewer pipe •2,836 sewer manholes 22 9 3 Sewer Inspection 23 0 Request for Proposal 4 Relevant project experience within SSF and other agencies Technicians are certified through NAASCO Good track record of performing similar scopes of work 1. Presidio Systems, Inc. 2. Pipe and Plant Solution Inc. 23 1 5 $2,389,985.80Presidio System’s Inc. Fee $370,014.20Contract Contingency (15%) $2,760,000.00Total Estimated Contract Costs* Contract Award Contract Executed Start Date (September 2024) Completion Date (December 2025) *Sewer Enterprise Fund 5 Budget and Schedule 23 2 6 Thank you! 23 3 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-735 Agenda Date:8/14/2024 Version:1 Item #:11a. Resolution authorizing the City Manager to execute a Consulting Services Agreement with Presidio Systems,Inc.of Livermore,California for $2,389,985.80,and authorizing a total contract budget of $2,760,000.00 for the Condition Assessment of the Sanitary Sewer System (Project No. ss2001). WHEREAS,the Project aims to video inspect and clean the entire City’s sanitary sewer gravity system of approximately 632,037 linear feet of sewer pipe and 2,836 sewer manholes; and WHEREAS,the Project requires expert and qualified consulting services for the closed-circuit television inspection and related other services; and WHEREAS,staff issued a Request for Proposals (RFP)for consulting services for this project on April 26,2024,thru the City’s procurement website; and WHEREAS,proposals in response to the RFP were received on the due date of June 7,2024 from two (2)well-qualified consulting teams offering comprehensive services required for the Project; and WHEREAS,the selection of consulting services is not based on the lowest bidder,but on the firm’s qualifications, expertise, and experience; and WHEREAS,the proposal review panel has determined that Presidio Systems,Inc.and its team have presented the most qualified and experienced team for the City’s project; and WHEREAS,Presidio Systems,Inc.are qualified and have extensive relevant experience,including similar pipe inspection and condition assessment projects; and WHEREAS,the Consultant’s contract cost includes:$2,389,985.80 of Consultant Fee;and $370,014.20 of Consultant Contingency (15%); and WHEREAS, the contract will be funded by the Sewer Enterprise Fund; and NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby authorizes the City Manager to execute the consulting services agreement in substantially the same form as Exhibit A,and any other related documents on behalf of the City upon timely execution by Presidio Systems,Inc.of a signed contract and all other documents, subject to approval by the City Attorney. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the City Manager to take any other related actions consistent with the intention of the Staff Report and Resolution. City of South San Francisco Printed on 8/13/2024Page 1 of 2 powered by Legistar™234 File #:24-735 Agenda Date:8/14/2024 Version:1 Item #:11a. * * * * * City of South San Francisco Printed on 8/13/2024Page 2 of 2 powered by Legistar™235 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 1 of 22 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND PRESIDEO SYSTEMS, INC. THIS AGREEMENT for consulting services (“Agreement”) is made by and between the City of South San Francisco (“City”) and Presidio Systems, Inc. (“Consultant”) (together sometimes referred to as the “Parties”) as of _______________ (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. The approved Consultant’s Cost Proposal is attached as Exhibit B and incorporated herein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, or Exhibit B, the Agreement shall prevail. 1.1 Performance Period. The term of this Agreement shall begin on the Effective Date and shall end on November 26, 2025, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. Any recommendation for an agreement award is not binding on the City until the agreement is fully executed and approved by the City. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. The method of payment for this Agreement will be based on actual costs. The total amount payable by the City shall not exceed Two Million Three Hundred Eighty-Nine Thousand Nine Hundred Eighty-Five Dollars and Eight-Five Cents ($2,389,985.80). EXHIBIT A 236 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 2 of 22 The payments specified herein shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under 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 Reserved. 2.2 Invoices. Invoices shall be submitted, in duplicate, no later than thirty (30) calendar days after the performance of work for which Consultant is billing. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the costs for services performed and incurred prior to the invoice date. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated for the Cost Proposal (Exhibit B) and shall reference this Agreement, SSF CIP project number and project title. Invoices shall be mailed to the City’s Contract Administrator at the following address: Department of Public Works – Engineering Division City of South San Francisco 315 Maple Ave South San Francisco, CA 94080 2.3 Monthly Payment. Consultant will be reimbursed promptly according to California Regulations upon receipt by the City’s Contract Administrator of itemized invoices in duplicate. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. Progress payments will be made monthly in arrears based on services provided and allowable incurred costs. A pro rata portion of Consultant’s fixed fee will be included in the monthly progress payments. If Consultant fails to submit the required deliverable items according to the schedule set forth in Scope of Work (Exhibit A), the City shall have the right to delay payment or terminate this Agreement. 2.4 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.5 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 237 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 3 of 22 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. 2.6 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. 2.7 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 incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem 238 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 4 of 22 wages and the wage paid to each worker shall be paid by the Consultant to each worker. An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 1775. The City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.” Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, long-distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be 239 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 5 of 22 included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s). 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self- insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non- owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: 240 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 6 of 22 a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its officers, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self-insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached 241 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 7 of 22 to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of protection afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. 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. 242 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 8 of 22 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 indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly 243 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 9 of 22 liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 244 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 10 of 22 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon not less than thirty (30) calendar days written notification to Consultant (delivered by certified mail, return receipt requested). Upon termination, City shall be entitled to all work, including but not limited to, reports, investigations, appraisals, inventories, studies, analyses, drawings and data estimates performed to that date, whether completed or not, and in accordance with Section 9.1. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. 245 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 11 of 22 In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination as provided for in this Agreement; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. City may temporarily suspend this Agreement, at no additional cost to City, provided that Consultant is given written notice (delivered by certified mail, return receipt requested) of temporary suspension. If City gives such notice of temporary suspension, Consultant shall immediately suspend its activities under this Agreement. A temporary suspension may be issued concurrent with the notice of termination provided for in this section. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.4.1 Subcontracting A. Nothing contained in this contract or otherwise, shall create any contractual relation between LOCAL AGENCY and any subconsultant(s), and no subcontract shall relieve CONSULTANT of its responsibilities and obligations hereunder. CONSULTANT agrees to be as fully responsible to LOCAL AGNECY for the acts and omissions of its subconsultant(s) and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by CONSULTANT. CONSULTANT’s obligation to pay its subconsultant(s) is an independent obligation from LOCAL AGENCY”s obligation to make payments to the CONSULTANT. 246 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 12 of 22 B. CONSULTANT shall perform the work contemplated with resources available within its organization and no portion of the work pertinent to this contract shall be subcontracted without written authorization by LOCAL AGENCY’s Contract Administrator, except that, which is expressly identified in the approved Cost Proposal. C. CONSULTANT shall pay its subconsultants within ten (10) calendar days from receipt of each payment made to CONSULTANT by LOCAL AGENCY. D. Any subcontract in excess of $25,000 entered into as a result of this contract shall contain all the provisions in this contract to be applicable to subconsultants. E. Any substitution of subconsultant(s) must be approved in writing by LOCAL AGENCY’s Contract Administrator prior to the start of work by the subconsultant(s). 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. Notwithstanding any provisions of this Agreement, Consultant shall not be relieved of liability to City for damages sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments due to Consultant until such time as the exact amount of damages, if any, due City from Consultant is determined. 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 247 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 13 of 22 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.3.1 Retention of Records/Audit For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the contract pursuant to Government Code 8546.7; Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, Independent CPA Audited Indirect Cost Rate workpapers and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties, including the Consultant’s Independent CPA, shall make such materials available at their respective offices at all reasonable times during the term of the Agreement and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of Consultant, Subconsultants, and the Consultant;s Independent certified public accountants (CPA) work papers that are pertinent to the Agreement and indirect cost rates (ICR) for audit, examinations, workpaper review, excerpts, and transactions, and copies thereof shall be furnished without limitation. Subcontracts in excess of $25,000 shall contain the provision. 248 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 14 of 22 9.3.2 Audit Review Procedures. A. Any dispute concerning a question of fact arising under an interim or post audit of this contract that is not disposed of by agreement, shall be reviewed by City’s Finance Director. B. Not later than 30 days after issuance of the final audit report, Consultant may request a review by City’s Finance Director of unresolved audit issues. The request for review will be submitted in writing. C. Neither the pendency of a dispute nor its consideration by City will excuse Consultant from full and timely performance, in accordance with the terms of this 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. 249 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 15 of 22 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. During the term of this Agreement, the Consultant shall disclose any financial, business, or other relationship with City that may have an impact upon the outcome of this Agreement or any ensuing City construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this Agreement or any ensuing City construction project which will follow. Consultant certifies that it has disclosed to City any actual, apparent, or potential conflicts of interest that may exist relative to the services to be provided pursuant to this Agreement. Consultant agrees to advise City of any actual, apparent or potential conflicts of interest that may develop subsequent to the date of execution of this Agreement. Consultant further agrees to complete any statements of economic interest if required by either City ordinance or State law. The Consultant hereby certifies that it does not now have nor shall it acquire any financial or business interest that would conflict with the performance of services under this Agreement. The Consultant hereby certifies that the Consultant or subconsultant and any firm affiliated with the Consultant or subconsultant that bids on any construction contract or on any Agreement to provide construction inspection for any construction project resulting from this Agreement, has established necessary controls to ensure a conflict of interest does not exist. An affiliated firm is one, which is subject to the control of the same persons, through joint ownership or otherwise. 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 250 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 16 of 22 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 Jeffrey Chou, Senior Engineer ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Consultant: Alex Negrete, Project Manager Presidio Systems Inc 159 Wright Brothers Ave Livermore CA 94551 City: City Clerk City of South San Francisco 251 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 17 of 22 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties.. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. 10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the Parties hereto with no intent to benefit any non-signatory third parties. 10.16 Cost Principles and Administrative Requirements. a. Consultant agreed that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31.000 et seq., shall be used to determine the cost allowability of individual items. b. Consultant also agrees to comply with federal procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. 252 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 18 of 22 c. Any costs for which payment has been made to Consultant that are determined by subsequent audit to be unallowable under 49 CFR, Part 31 or 2 CFR Part 200 are subject to repayment by Consultant to City. d. When a Consultant or Subconsultant is a Non-Profit Organization or an Institute of Higher Education, the Cost Principles for Title 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards shall apply.. 10.17 State Prevailing Wage Rates. The State of California’s General Prevailing Wage Rates are not applicable to this contract. 10.18 Rebates, Kickbacks or Other Unlawful Consideration. Consultant warrants that this Agreement was not obtained or secured through rebates, kickbacks or other unlawful consideration, either promised or paid to any City employee. For breach or violation of this warranty, City shall have the right in its discretion; to terminate the Agreement without liability; to pay only for the value of the work actually performed; or to deduct from the total compensation stated in this Agreement; or otherwise recover the full amount of such rebate, kickback or other unlawful consideration. 10.19 Non-Discrimination and Statement of Compliance. a. Consultant’s signature affixed herein, and dated, shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103. b. During the performance of this Agreement, Consultant and its subconsultants shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran statusshall Consultant and subconsultants shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment. c. Consultants and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated there under (2 CCR §11000 et seqCalifornia Code of Regulations, Title 2, Section 7285 et seq.), the provisions of Gov. Code §§11135- 11139.5, and the regulations or standards adopted by the City to implement such article. The applicable regulations of the Fair Employment and Housing Commission implementing Government Code §12990 (a-f), set forth 2 CCR §§8100-8504set forth in 253 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 19 of 22 Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract Agreement by reference and made a part hereof as if set forth in full. d. Consultant shall permit access by representatives of the Department of Fair Employment and Housing and the City upon reasonable notice at any time during the normal business hours, but in no case less than twenty-four (24) hours’ notice, to such of its books, records, accounts, and all other sources of information and its facilities as said Department or the City shall require to ascertain compliance with this clause. e. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other Agreement. f. Consultant shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under this Agreement. g. The Consultant shall comply with regulations relative to Title VI (nondiscrimination in federally-assisted programs of the Department of Transportation – Title 49 Code of Federal Regulations, Part 21 – Effectuation of Title VI of the 1964 Civil Rights Act). Title VI provides that the recipients of federal assistance will implement and maintain a policy of nondiscrimination in which no person in the State of California shall, on the basis of race, color, national origin, religion, sex, age, disability, be excluded from participation in, denied the benefits of or subject to discrimination under any program or activity by the recipients of federal assistance of their assignees and successors in interest. h. The Consultant, with regard to the work, performed by it during the Agreement shall act in accordance with Title VI. Specifically, the Consultant shall not discriminate on the basis of race, color, national origin, religion, sex, age, or disability in selection and retention of Subconsultants, including procurement of materials and leases of equipment. The Consultant shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the U.S. DOT’s Regulations, including employment practices when the Agreement covers a program whose goal is employment. 10.20 Debarment and Suspension Certification. a. Consultant’s signature affixed herein, shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant or any person associated therewith in the capacity of owner, partner, director, officer or manager: 1. Is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; 254 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 20 of 22 2. Has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; 3. Does not have a proposed debarment pending; and 4. Has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. b. Any exceptions to this certification must be disclosed to City. Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. c. Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration. 10.21 Equipment Purchase and Other Capital Expenditures. a. Prior authorization in writing by City’s Contract Administrator shall be required before Consultant enters into any unbudgeted purchase order, or subcontract exceeding five thousand dollars ($5,000) for supplies, equipment, or Consultant services. Consultant shall provide an evaluation of the necessity or desirability of incurring such costs. b. For purchase of any item, service, or consulting work not covered in Consultant’s approved Cost Proposal and exceeding five thousand dollars ($5,000), with prior authorization by City’s Contract Administrator, three competitive quotations must be submitted with the request, or the absence of bidding must be adequately justified. c. Any equipment purchased with funds provided under the terms of this Agreement is subject to the following: 1. Consultant shall maintain an inventory of all nonexpendable property. Nonexpendable property is defined as having a useful life of at least two years and an acquisition cost of five thousand dollars ($5,000) or more. If the purchased equipment needs replacement and is sold or traded in, City shall receive a proper refund or credit at the conclusion of the Agreement, or if the Agreement is terminated, Consultant may either keep the equipment and credit City in an amount equal to its fair market value, or sell such equipment at the best price obtainable at a public or private sale, in accordance with established City procedures; and credit City in an amount equal to the sales price. If Consultant elects to keep the equipment, fair market value shall be determined at Consultant’s expense, on the basis of a competent independent appraisal of such equipment. Appraisals shall be obtained from an appraiser mutually 255 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 21 of 22 agreeable to by City and Consultant, if it is determined to sell the equipment, the terms and conditions of such sale must be approved in advance by City. 2. Regulation 2 CFR Part 200 requires a credit to Federal funds when participating equipment with a fair market value greater than five thousand dollars ($5,000) is credited to the project. The Parties have executed this Agreement as of the Effective Date. 256 Consulting Services Agreement between [Rev:03.24.2022 DRAFT] DATE City of South San Francisco and Presidio Systems, Inc. Page 22 of 22 CITY OF SOUTH SAN FRANCISCO PRESIDIO SYSTEMS, INC. ____________________________ _____________________________________ Sharon Ranals Mike Schratz City Manager Operations Manager Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney 2729962.1 257 EXHIBIT A SCOPE OF WORK 258 Presidio Systems, Inc. /LFHQVH Industrial Process Controls ™ Construction and Environmental Services ™ Electrical Services ™ Pipeline Inspection/Certification 159 Wright Brothers Avenue, Livermore, CA 94551 ™ (925) 456-8400 Phone ™ (925) 456-8404 Fax www.presidiosystems.com  8QGHUVWDQGLQJRIWKH3URMHFW  36,8QGHUVWDQGVWKH3URMHFWFRYHUVWKHHQWLUH6R6DQ)UDQFLVFRVHZHUV\VWHPRI DSSUR[LPDWHO\OLQHDUIHHWDQGLQVSHFWLRQRIPDQKROHV  2XUUHVSRQVLELOLW\ZLOOEHK\GURFOHDQLQJWKHQSHUIRUPLQJ&&79DQG/HYHOPDQKROH LQVSHFWLRQV  7KHNH\WRPDNLQJWKHMREVXFFHVVIXO   (VWDEOLVKDZRUN3ODQ D 36,VKDOOILUVWXSORDGWKH&LW\RI6RXWK6DQ)UDQFLVFRV6HZHU*,6OD\HU 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ID Task Mode Task Name Duration Start Finish 0 Pipeline Schedule 2024-07A 323 days Mon 9/2/24 Wed 11/26/25 1 Task 1 - General Services 289 days Mon 9/2/24 Thu 10/9/25 2 Project Kickoff 1 day Mon 9/2/24 Mon 9/2/24 3 4 Task 2 - Inspections 289 days Mon 9/9/24 Thu 10/16/25 5 Task 2 - Video Inspection, Manhole Inspection and Cleaning Services 289 days Mon 9/9/24 Thu 10/16/25 6 Task 2.1 - GIS Download, Map Book and Scheduling 1 wk Tue 9/3/24 Mon 9/9/24 7 Task 2.2 - Pipe and Manhole Inspections and Cleaning 60 wks Tue 9/3/24 Mon 10/27/25 8 9 Task 3 - Evaluation of Video Inspection Data 284 days Mon 9/16/24 Thu 10/16/25 10 Task 3.1 - Review Inspection Data and Reports 60.4 wks Mon 9/16/24 Tue 11/11/25 11 Task 3.2 - Complete and De-Mobilize 1 day Wed 11/12/25 Wed 11/12/25 12 13 Final Submittal Review 2 wks Wed 11/12/25 Tue 11/25/25 14 Task Complete 1 day Wed 11/26/25 Wed 11/26/25 M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T M F T S W S T Aug 18, '24Sep 1, '24Sep 15, '24Sep 29, '24Oct 13, '24Oct 27, '24Nov 10, '24Nov 24, '24Dec 8, '24Dec 22, '24Jan 5, '25Jan 19, '25Feb 2, '25Feb 16, '25Mar 2, '25Mar 16, '25Mar 30, '25Apr 13, '25Apr 27, '25May 11, '25May 25, '25Jun 8, '25Jun 22, '25Jul 6, '25Jul 20, '25Aug 3, '25Aug 17, '25Aug 31, '25Sep 14, '25Sep 28, '25Oct 12, '25Oct 26, '25Nov 9, '25Nov 23, '25Dec 7, '25 Task Split Milestone Summary Project Summary Inactive Task Inactive Milestone Inactive Summary Manual Task Duration-only Manual Summary Rollup Manual Summary Start-only Finish-only External Tasks External Milestone Deadline Progress Manual Progress 263 EXHIBIT B COST PROPOSAL 264 Presidio Systems, Inc. License #832413 Industrial Process Controls  Construction and Environmental Services  Electrical Services  Pipeline Inspection/Certification 159 Wright Brothers Avenue, Livermore, CA 94551  (925) 456-8400 Phone  (925) 456-8404 Fax www.presidiosystems.com QUOTE SHEET DATE: 5/22/2024 PROJECT: CCTV Inspection Service for Bid Date: 6/7/2024 Sanitary Sewer Rehabilitation Project (SS2001) SOUTH SAN FRANCISCO Request for Quote: CCTV, Cleaning & Manhole Inspections of Live Sanitary Sewer Lines SIZE DESCRIPTION QTY UNIT $ UNIT TOTAL COST Clean, inspect, and provide condition ratings for sewer lines and manholes 4” – 36” CCTV Inspection 632037 LF $1.60 $1,011,259.20 4” – 36” Hydro Cleaning 632037 LF $1.80 $1,137,666.60 MACP Manhole Inspections – MACP Level 1 2836 EA $85.00 $241,060.00 TCP Traffic Control Plan TOTAL QUOTE $2,389,985.80 Note: The above rates include all pipe sizes, easements, reverse set-ups, traffic control, and disposal of Debris 265 EXHIBIT C INSURANCE CERTIFICATES 266 ~ ACORD'" CERTIFICATE OF LIABILITY INSURANCE I DATE (MM IODlYYYY) ~ 07/01/2024 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 pol icy(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 riahts to the certificate holder in lieu of such endorsement(s). PRODUCER ~~~r'CT Lori Hock , agent StateFarm Lori Hoel<. age nt ~gNJo Ext : 1-925-820-9888 I F.o~ NoJ: 1-925-478-3529 A . 524 Hartz Avenue , suile B E-MAIL lori_hock.cp8m@statefann .com Danville , CA 94526 INSURER(S) AFFORDING COVERAGE NAle" INSURER A : State Fann Mutual Automobile Insurance Comnanv 25178 INSURED INSURERB: PRESIDIO SYSTEMS. INC INSURERC : 159 WRIGHT BROTHERS AVE INSURER D : LI VERMORE CA 94551-9466 INSURER E : INSURERF : COVERAGES CERTIFICATE NUMBER : REVISION NUMBER 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 REQU I REMENT, TERM OR CO NDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO IJVHICH THIS CERTIFI CATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO All THE T ERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~ TYPE OF INSURANCE IN~~ ~~ POLICY NUMBER MMiD MMiDOfyyyy U"'TS ~MM ERCIA L GENERAL UABIUTY EACH OCCURRENCE • "- CLAIMS -MADE 0 OCCUR ~~~~~I9c:~ENTED • MED EXP (Anyone person) • r- f.--PERSONAL & ADV INJURY $ R'" AGGREGATE LIMIT APPLIES PER : GENERAL AGGREGATE • OPR()' 0 PRODUCTS -COMPJOP AGG S POLICY JECT LOC OTHER: $ ~TOMOBILE LIABILITY I ~~~N,.;;'t\::;IN~Lt. LlMII • 1.000,000 ~ ANY AUTO r-240 9559-C20-050 05-20-2024 05-20-2025 eODIL Y INJURY (per person) • A OV\INEO SCHEDULED Y Y BDOIL Y INJURY (Pf!f" accidan t) • f.--AUTOS ONLY ~ AUTOS HIRED NON-OWNEO Per cci~~I',Mf\"'~ f.--AUTOS ONLY ~ AUTOS ONLY • $ f-UMBRELLA LIAS HOCCUR EACH OCCURRENCE $ EXCESS L.IAS CLAIMS· MADE AGGREGATE $ DE; r l RETENTION S $ WORKERS COMPENSATION I ~~~~,= I I gJ" • ~ ';:6~~~~~~~~E-r;JEXECUT1VE Y f N EL EAC H ACCIDENT $ OFFICE RIM EMBER EXC LUDED? D N/A (Mandatory in NH) EL. OISEASE -EA EMPL.OYE $ ~~st~f;rr3N ~~OPE RATI ON~ below E.L.. DISEASE -POLICY LIMIT • DESCRIPTION OF OPERA nONS I lOCATIONS I VEHICLES (ACO RD 101, Additional Remarb Schedule, may be attached If more space Is reqUIred) CERTIFICATE HOLDER City of South San Francisco 3 15 Maple Street attn: Public Works Engineer Division South San Fra nci SCO, CA 94080 ACORD 25 (2016/03) The ACORD name and logo ~ CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THER-EO ~rn;:IC E WILL BE DELIVERED IN ACCORDANCE WITH THE POl::ICV PROVISIO S. \ ',© 19)! -2015 ACORD CORPORATION. All rights reserved. registered m"'arks of ACORD 1001<186 132849.14 04-13·2022 267 07/02/2024 Acrisure of California, LLC., dba All Spectrum Insurance Brokers 3155 Olsen Drive Suite 400 San Jose CA 95117 Jamie Kelch (408) 739-8300 (866) 826-6781 jkelch@acrisure.com Presidio Systems, Inc. 159 Wright Brothers Avenue Livermore CA 94551 Tokio Marine Specialty Insurance Company 23850 Tokio Marine Specialty Ins Co 23850 Cypress Insurance Company 10855. Convex Insurance UK Limited CL245820435 A $0 BI/PD Ded. Y Y PPK2645231 02/16/2024 02/16/2025 1,000,000 100,000 5,000 1,000,000 2,000,000 2,000,000 B Y Y PUB897023 02/16/2024 02/16/2025 5,000,000 5,000,000 C Y Y PRWC438565 12/01/2023 12/01/2024 1,000,000 1,000,000 1,000,000 D Misc. E & O Liability CAE00094-00 05/19/2024 05/19/2025 Each Occurrence $1,000,000 Aggregate $1,000,000 Deductible $25,000 If required by a written agreement or a contract, per forms CG2010-04 13 and CG 2037-04 13, the City and its officers, employees, agents, and volunteers are listed as is Additional Insured with respects to the General Liability. Waiver of Subrogation applies per forms CG2404-12 19, PIC-EXS-084 04 15 and WC 99 04 10C (Ed.01-19) with respects to the General Liability, Excess Liability and Workers Compensation. Primary and Non-Contributory applies to the General Liability and Excess Liability per forms PIC-GLN-020 10 13 and PIC-EXS-053 04 17. City of South San Francisco Attn: Public Works Engineer Division 315 Maple Street South San Francisco CA 94080 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 268 Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. PIC-GLN-028 (08/14) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATEDCONSTRUCTIONPROJECT(S) GENERAL AGGREGATE LIMIT WITH MAXIMUM POLICYAGGREGATE LIMIT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Designated Construction Project(s): All projects performed by the Named Insured. Designated Construction Project General Aggregate Limit of Insurance:$2,000,000 Maximum Policy Aggregate Limit of Insurance:$5,000,000 (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under SECTIONI –COVERAGE A, and for all medical expenses caused by accidents under SECTION I –COVERAGE C, which can be attributed only to ongoing operations at a single Designated Construction Project shown in the SCHEDULE above: 1.A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount shown in the SCHEDULE above. However, regardless of the number of construction projects and under no circumstances will we pay any more than the Maximum Policy Aggregatestated in the endorsement SCHEDULE above. 2.The Designated Construction Project General Aggregate Limit is themost we will pay for the sum of all damages under Coverage A, except damages because of “bodily injury” or “property damage” included in the “products-completedoperations hazard” regardless of the number of: a.Insureds; b.Claims made or “suits” brought; or c.Persons or organizations making claims or bringing “suits.” 3.Any payments made under Coverage A for damages or under Coverage C for medical expense shall reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the SCHEDULE above. 269 Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with permission. PIC-GLN-028 (08/14) 4.The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable DesignatedConstruction Project General Aggregate Limit and the Maximum Policy Aggregate Limit. B.For all sums which the insured becomes legally obligated to pay as damages caused by “occurrences” under Section I – Coverage A, and for all medical expense caused by accidents under Section I – Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the SCHEDULE above: 1.Any payments made under Coverage A for damages or under Coverage C for medical expense shall reduce the amount available under the General Aggregate Limit or the Products-Completed Operations Aggregate Limit, whichever is applicable; and 2.Such payments shall not reduce any Designated Construction Project General Aggregate Limit. They will however, contribute towards the Maximum Policy Aggregate. C.When coverage for liability arising out of the “products-completed operations hazard” is provided, any payments for damages because of “bodily injury” or “property damage” included in the “products- completed operations hazard” will reduce the Products-Completed Operations Aggregate Limit, and not reduce the General Aggregate Limit nor the Designated Construction Project General Aggregate Limit. They will however, contribute toward the Maximum Policy Aggregate. D.If the applicable designated construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E.The provisions of Section III - Limits Of Insurance not otherwise modified by this endorsement shall continue to apply as stipulated. 270 1,572 1,572 3 438565 Jamie Kelch 271 POLICY NUMBER PPK2645231 COMMERCIAL GEH:RAI... LlABILfiY CG20100413 THIS ENDORSEMENT CHANGES THE POUCY. Pl..EN3E READ IT CAREFULLY. ADDITIONAL INSURED --OWNERS, LESSEES OR CONTRACTORS --SCHEDULED PERSON OR ORGANIZATION This endorsement modifies inslnlnoe pro\lded under the following: COMMERCIAL GENERAl.. LIABILITY COVERAGE PART SCHEDULE Name Of Additionalln~~~terson(S} Or Organ irati s Location(s) Of Covered Operations AS REQUIRED BY WRITTEN ALL LOCATIONS. CONTRACT PRIOR TO AN "OCCURRENCE" . Information required to complete this Schedule, if not shown abow, will be shown in the Declarations. A 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", "property damage" or "personal and adwrtising injury" caused, in whole or in part, by: 1. Your acts oromissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated abow. Howewr: 1. The insurance afforded to such additional insured only applies to the extent perm~ted by law; and 2. If cowrage prollided to the additional insured is required by a contract or agreement, the insurance afforded to such additional ins u red will not be broader than that which you are required by the contract or agreement to prollide for such additional insured. a With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment fumished in connection with such work, on the project (other than serllice, maintenmoe or repairs) to be performed by or on behalf of the additional insured(s) at the location of the cowred operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20100413 © Insurance Serllices Office, Inc., 2012 Page 1 of2 272 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III _Umils Of IlIIIIrance: If cowrage proloided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contrad or agreement; or 2. Available under the applicable Limits r:J Insurance shown in the Declarations; whichewris less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of2 © Insurance SeNces Office, Inc., 2012 CG20100413 273 COMMERCIAL G9SW.. LIABIUTY CG20330413 THISENDORSEMENTCHANGESTHEPOUCY. P~E REm ITCAREFULl.Y. ADDITIONAL INSURED --OWNERS, LESSEES OR CONTRACTORS--AUTOMATIC STATUSWHEN REQUIRED IN CONSTRUCTION AGREEMENTWITH YOU This endorsement modifies insll'anoe pro\ided under the following: COMMERCIAL GENERAl.. LIABILITY COVERAGE PART A Section II _ Who Is An Insured is amended to include as an additional insured any person or organization for whom you are performing operations when you and such person or organization hale agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and ad1.ertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations for the additional insured. Howeler, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the contract or agreement to pro\ide for such additional insured. A person 's or organization's status as an additional insured under this end orsement ends when your operations for that addition al insured are completed. a With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and adlertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surwying ser\ices, including: a. The preparing, appro\ing, or failing to prepare or approle, maps, shop drawings, opinions, reports, surwys, field orders, change orders or drawings and specifications; or b. Super\isory, inspection, architectural or engineering actillities. This exclusion applies elen if the claims against any insured allege negl igenoe or other wrongdoi n g in the super\ision, hiring, employmen~ training or monitoring of others by that insured, if the "occurrenoe" which caused the "bodily injury" or "property damage", orthe offense which caused the "personal and adlertising injury", in\Olled the rendering of or the failure to render any professional architectural, engineering or surwying ser\ices. CG20330413 © Insurance Ser\ices Office, Inc., aJ12 Page 1 of2 274 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than senAce, maintenance or repairs) to be perfonned by or on behalf of the additional insured(s) at the location of the co-..ered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organizatioo other than another contractor or subcontractor engaged in perfonning operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III ·.Umits Of IllIIJrance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement you ha-..e entered into with the additional insured; or 2. Awilable under the applicable Limits of Insurance shown in the Declaratioos; whiche-..er is less. Th is endorsement sh all not increase the applicab Ie Limits of Insurance sh own in the Declarations. Page 2 of2 © Insurance SenAces Office, Inc., aJ12 CG20330413 275 POLICY NUMBER PPK2645231 COMMERCIAL G9lERAI... LlABIUTY CG20370413 THISENDORSEMENTCHANGESTHEPOUCY. Pl..EN3E READ ITCAREFULl.Y. ADDITIONAL INSURED --OWNERS, LESSEES OR CONTRACTORS --COMPLETED OPERATIONS This endorsement modifies insl.l'ance pro";ded under the following: COMMERCIAL GENERAl.. LIABILITY COVERAGE PART PRODUCTSI COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name ur AaIImonalinsurea l'ersol1l.sJ Or Organization(s) Location And Des:ription Of Completed Operations AS REQUIRED BY WRITTEN ALL LOCATIONS. CONTRACT PRIOR TO AN "OCCURRENCE". Information required to complete this Schedule, if not shown abo-.e, will be shown in the Declarations. A 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 wihole or in part, by "your work" at the location deSignated and described in the Schedule of this endorsement performed for that additional insured and included in the "products·completed operations hazard". Howe-.er: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If co-.erage pro";ded to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that wihich you are required by the contract or agreement to pro";de for such additional insured. a With respect to the insurance afforded to these additional insureds, the following is added to Section III ... UmitsOflnsnnce: If co-.erage pro";ded to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreemen~ or 2. Available under the applicable Linits of Insurance shown in the Declarations; wihiche-.er is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG20370413 © Insurance SeNices Office, Inc., aJ12 Page 1 of1 276 PIC-GLN-020 (10/13) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON-CONTRIBUTORY INSURANCE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. SECTION IV – COMMERCIAL GENERAL LIABILITY CONDITIONS, 4. Other Insurance, and all subparts thereof, as contained in the policy is deleted in its entirely and replaced with the following condition: 4. Other Insurance If all of the other insurance permits contribution by equal shares, we will follow this method unless the insured is required by written contract signed by both parties, to provide insurance that is primary and noncontributory, and the “insured contract” is executed prior to any loss. Where required by a written contract signed by both parties, this insurance will be primary and non-contributing only when and to the extent as required by that contract. However, under the contributory approach each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contributory by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit if insurance to the total applicable limits of insurance of all insurers. All other terms, conditions and exclusions under the policy are applicable to this endorsement and remain unchanged. Page 1 of 1 277 2645231POLICY NUMBER: PPK COMMERCIAL GENERAL LlABILfiY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies inslJ'ance prOl,;ded under the following: COMMERCIAL GENERAl.. LIABILITY COVERAGE PART ELECTRONIC DATA LlABILIlY COVERAGE PART LIQUOR LIABILIlY COVERAGE PART POLLUTION LIABILIlY COVERAGE PART DESIGNATED SITES POLLUTION LIABILIlY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILIlY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person{s) Or Organization(s): AS REQUIRED BY WRITTEN CONTRACT PRIOR TO AN "OCCURRENCE". Information required to complete this Schedule, if not shown abole, 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 waile any right of recolery against the person(s) or organization(s) shown in the Schedule abole because of payments we make under this Colerage Part. Such wailer by us applies only to the extent that the insured has wailed its right of recolery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule abole. CG24041219 © Insurance SeNices Office, Inc., 2018 Page 1 of1 278 PUB897023Policy# PIC-EXS-053 (04117) THIS ENDORSEMENT CHANGES THE POLlCY_ PLEASE READ IT CAREFULLY_ AMENDMENT OF OTHER INSURANCE CONDITION- PRIMARY EXCESS AND NON-CONTRIBUTORY PROVISION ThiS endorsement modifies insurance provided under the following: COMMERICAL EXCESS LIABILITY COVERAGE FORM SCHEDULE Person or Organization Name : Any Person or Organization for whom you have agreed in a written contract or agreement that this policy shall apply to them before any other insurance. A . If you are required by a written contract that is executed before any loss , SECTION 111 - CONDITIONS , 8. Other Insurance is deleted in its entirety and replaced by the fallowing: 8 . Other Insurance If there is any other insurance available to any additional insured, the insurance provided by this policy will apply in excess of all other insurance and shall not contribute with such other insurance. This insurance is not subject to the terms and conditions of any other insurance. However, if you agree in a written contract prior to the time of an occurrence that such excess insurance as is afforded by this policy shall be primary to and non -contributory with other insurance maintained by an additional insured, we will not invoke this Condition 8 . This coverage amendment is subject to the following: a. This condition will not apply to insurance that is purchased specifically to apply in excess of this policy; b . Insurance is available to the person or organization shown in the Schedule of this endorsement as an additional insured on the "controlling underlying insurance." B. When this insurance applies on a primary and non-contributory basis, the Limits of Insurance available for the additional insured will be the lesser of: 1. The amounts shown in Limits of Insurance section of the Declarations of this policy; or 2. The amount of insurance you are required to provide the additional insured in the written contract or agreement. All other terms and conditions of this policy remain unchanged . Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc ., with permission. 279 PUB897023POLICY NUMBER: PIC-EXS-084 (04/15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF SUBROGATION FOLLOW FORM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM The following is added to SECTION III -CONDITIONS: This policy is intended to include Waiver of Transfer of Rights of Recovery Against Others to Us. We waive any right of recovery we may have against any person or organization because of payments we make for injury or damage to the extent the ·controlling underlying insurance" also waives such right of recovery. The coverage provided will follow the same provisions, exclusions and limitations that are contained in the "controlling underlying insurance" shown in the Schedule of Controlling Underlying Insurance unless otherwise directed by an endorsement to this policy. To the extent such provisions differ or connict, the provisions of this policy will apply. However, the coverage provided under this policy will not be broader than that provided by the "controlling underlying insurance." Page 1 of 1 280 EXHIBIT D FORM 590 281 282 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-750 Agenda Date:8/14/2024 Version:1 Item #:12. Report regarding a resolution approving the execution of grant funds from the Ocean Protection Council (OPC) under the Safe Drinking Water,Water Quality and Supply,Flood Control,River and Coastal Protection Bond Act of 2006 (Proposition 84),Proposition 68,Environmental License Plate Funds,Once Through Cooling Or General Funds, and approving Budget Amendment #25.011.(Audriana Hossfeld, Senior Civil Engineer) RECOMMENDATION City staff recommends that the City Council adopt a resolution approving the execution of grant funds from the Ocean Protection Council (OPC)under the Safe Drinking Water,Water Quality and Supply, Flood Control,River and Coastal Protection Bond Act of 2006 (Proposition 84),Proposition 68, Environmental License Plate Funds,Once Through Cooling or General Funds,and approving Budget Amendment #25.011. BACKGROUND/DISCUSSION Ocean Protection Council (OPC)Senate Bill (SB)1 Grant Program aims to provide funding for coastal communities to develop projects that build resilience to Sea Level Rise (SLR)along the entire coast of California and San Francisco Bay.On March 13,2024,South San Francisco City Council authorized the application to OPC SB 1 Grant for the South San Francisco Shoreline Protection and Connectivity Project (sd2402) feasibility study. The application was submitted on March 22, 2024. On June 4,2024,South San Francisco Shoreline Protection and Connectivity Project (sd2402)application for OPC’s SB 1 Grant program was approved for funding.The budget requested was $997,500.This grant will fully fund a feasibility study that will explore conceptual solutions to address coastal flooding exacerbated by sea level rise and increased storm surges along San Francisco Bay near the outfalls of Colma Creek and San Bruno Creek (see Attachment 1).This planning will include collaboratively working with multiple jurisdictional agencies to examine coastal flood protection alternatives that could benefit residences,businesses, critical transportation infrastructure (US‐101,Caltrain,and SamTrans),and other key regional infrastructure such as SFO and the SSF‐SB Water Quality Control Plant.The work will involve interagency coordination with Caltrans,SamTrans,One Shoreline,San Bruno,Caltrain,BCDC and SFO,and extensive outreach to community and environmental stakeholder groups.The planning will also include developing and applying feasibility criteria to analyzing the viability of the proposed solutions relative to technical,financial, environmental,and community‐acceptance considerations.A community‐driven design process will develop and analyze solutions culminating in a preferred alternative,all of which will be documented in a report with 10% conceptual design documents and order‐of‐magnitude cost estimates. FISCAL IMPACT The OPC SB1 grant fund will fully fund the feasibility study phase of sd2402.No local match is required for this grant. Therefore, there is no fiscal impact to the City's general fund in accepting this grant. Budget Amendment #25.011 will increase budgeted revenues and correspondingly increase appropriations in consulting and staff time by the full amount of the grant ($997,500) for Fiscal Year 2024-25 in project sd2402. City of South San Francisco Printed on 8/13/2024Page 1 of 2 powered by Legistar™283 File #:24-750 Agenda Date:8/14/2024 Version:1 Item #:12. 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. CONCLUSION City staff recommends that the City Council adopt a resolution approving the execution of grant funds from the Ocean Protection Council (OPC) under the safe drinking water, water quality and supply, flood control, river and coastal protection bond act of 2006 (proposition 84), prop 68, environmental license plate funds, once through cooling or general funds and approving Budget Amendment #25.011. Attachments: 1.Flood Map City of South San Francisco Printed on 8/13/2024Page 2 of 2 powered by Legistar™284 28 5 SSF Shoreline Protection and Connectivity Project: OPC SB 1 Grant August 14, 2024 Government Code Section 54957.5 SB 343 Agenda Item: 12 08/14/2024 REG CC 286 ∗OPC’s SB 1 SLR Adaptation Planning Grant Program aims to provide funding for coastal communities to develop consistent SLR adaptation plans and projects to build resilience to SLR along the entire coast of California and San Francisco Bay. OCEAN PROTECTION COUNCIL SB 1 GRANT 2 287 FLOOD MAP 3 N 288 FEASIBILITY STUDY FEATURES 4 Draft Plan Existing Conditions Research and Analyses: Alternatives Report Public Outreach: Community meetings Stakeholder Review and Comments Recommended Alternative (Final Plan) 289 5ESTIMATED SCHEDULE 5 Grant Execution (Approx. November 2024) Consultant Procurement (Approx. March 2025) Feasibility Study Completion (Approx. November 2026) 290 BUDGET 6 Fund Source Feasibility Study Budget OPC SB-1 Grant $997,500.00 Local Match $0.00 Total $997,500.00 291 Thank you! 7 292 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-751 Agenda Date:8/14/2024 Version:1 Item #:12a. Resolution by City of South San Francisco approving the execution of grant funds from the Ocean Protection Council (OPC)under the Safe Drinking Water,Water Quality And Supply,Flood Control,River and Coastal Protection Bond Act of 2006 (Proposition 84),Proposition 68,Environmental License Plate Funds,Once Through Cooling Or General Funds, and approving Budget Amendment #25.011. WHEREAS,the Ocean Protection Council (OPC)Senate Bill (SB)1 Grant Program aims to provide funding for coastal communities to develop projects that build resilience to sea level rise along the entire coast of California and San Francisco Bay; and WHEREAS,on March 13,2024,the City of South San Francisco applied for OPC SB 1 Grant to fund the feasibility phase of South San Francisco Shoreline Protection and Connectivity Project (sd2402); and WHEREAS,on June 4,2024,OPC approved $997,500.00 of SB1 Grant funds for the feasibility phase of South San Francisco Shoreline Protection and Connectivity Project (sd2402); and WHEREAS,the OPC SB1 Grant funds will fully fund the feasibility study phase of sf2402,and therefore there is no fiscal impact to the City’s general fun in accepting this grant; and WHEREAS,if approved,Budget Amendment #25.011 would increase budgeted revenues by $997,500 for Fiscal Year 2024-25; and WHEREAS, Exhibit A is the OPC Resolution required for grant execution. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco hereby accepts the grant funds from the Ocean Protection Council funded by Sthe SB 1 Grant fund for the South San Francisco Shoreline Protection and Connectivity Project. BE IT FURTHER RESOLVED that the City Council approves and adopts the OPC Resolution attached as Exhibit A. BE IT FURTHER RESOLVED that the City Council approves Budget Amendment #25.011 to amend the Fiscal Year 2024-2025 Operating Budget to add $997,500 for Project No. sd2402. BE IT FURTHER RESOLVED that the City Council appoints the City Manager,Sharon Ranals,or designee,as agent to conduct all negotiations,execute and submit all documents including,but not limited to applications, agreements,payment requests and so on,which may be necessary for the completion of the aforementioned project(s),including the OPC Resolution attached as Exhibit A,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 8/13/2024Page 1 of 2 powered by Legistar™293 File #:24-751 Agenda Date:8/14/2024 Version:1 Item #:12a. **** City of South San Francisco Printed on 8/13/2024Page 2 of 2 powered by Legistar™294 WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the California Natural Resources Agency require a resolution certifying the approval by the potential grantee’s governing board either before submission of said application(s) to the State or prior to execution of the grant agreement; and WHEREAS, the Applicant/Grantee, if selected, will enter into an agreement with the State of California to carry out the project NOW, THEREFORE, BE IT RESOLVED that the _____________________________________________________ 1.If applicable, approves the filing of an application for the _______________________________________; to be funded by ________________________________________________________________________. 2.If applicable, certifies that Applicant or title holder will have sufficient funds to operate and maintain the project(s) consistent with the land tenure requirements; or will secure the resources to do so; 3.Certifies that the project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, the California Labor Code, disabled access laws, and, that prior to commencement of the project, all applicable permits will have been obtained; and, 4.Certifies that the Applicant/Grantee will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1, and, 5.Appoints the ___________________________________, or designee, as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned project(s). Approved and adopted the __________day of __________ 20____. I, the undersigned, hereby certify that the foregoing Resolution Number __________ was duly adopted by the __________________________________. Following Roll Call Vote: Ayes: _________ Nos: _________ Absent: _________ __________________________________________, _____________________________________________ (Signature) (Title) OCEAN PROTECTION COUNCIL – RESOLUTION TEMPLATE Resolution No: _______________________ RESOLUTION BY ________________________________________________________________________ APPROVING THE APPLICATION FOR AND/OR EXECUTION OF GRANT FUNDS FROM THE OCEAN PROTECTION COUNCIL UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION BOND ACT OF 2006 (Proposition 84), Prop 68, ENVIRONMENTAL LICENSE PLATE FUNDS, ONCE THROUGH COOLING OR GENERAL FUNDS 295 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-774 Agenda Date:8/14/2024 Version:1 Item #:13. Certificate of Recognition for the Italian American Citizens Club presented on August 2, 2024.(James Coleman, Mayor) City of South San Francisco Printed on 8/13/2024Page 1 of 1 powered by Legistar™296 CITY OF SOUTH SAN FRANCISCO Certificate of Recognition South San Francisco Italian American Citizens Club Founded on December 7, 1916, by a group of concerned Italian American citizens as a political organization to help Italian immigrants acclimate to life in America, and to encourage them to become United States citizens. Through the years, the IACC has evolved into an organization that focuses on promoting Italian-American heritage through a variety of social events and by supporting the South San Francisco community. One of the oldest Italian organizations in the San Francisco Bay Area, the Club welcomes new members of all ethnicities. Presented 2nd of August 2024, South San Francisco _______ James Coleman, Mayor Eddie Flores, Vice Mayor 297 298 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-801 Agenda Date:8/14/2024 Version:1 Item #:14. Certificate of Recognition for the Pistahan Parade Committee presented on August 10, 2024.(James Coleman, Mayor) City of South San Francisco Printed on 8/13/2024Page 1 of 1 powered by Legistar™299 CITY OF SOUTH SAN FRANCISCO Certificate of Recognition AL PEREZ & THE PISTAHAN PARADE COMMITTEE The City Council of South San Francisco does hereby celebrate and thank the Pistahan Parade Committee on their 31st Annual Grand Parade and Festival the largest celebration of Filipino community, culture and cuisine in the USA! Presented on this 10th day of August 2024 by the City Council of South San Francisco. Mark Nagales, Councilmember Buenaflor Nicolas, Councilmember 300 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-773 Agenda Date:8/14/2024 Version:1 Item #:15. Recognition of the National League of Cities on Its Historic 100 th Anniversary and Road Show: 100 Years, 100 Cities presented on August 3, 2024.(James Coleman, Mayor) City of South San Francisco Printed on 8/13/2024Page 1 of 1 powered by Legistar™301 302 303 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:24-798 Agenda Date:8/14/2024 Version:1 Item #:16. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Property: 400 Miller Avenue (APN 012-303-110) City Negotiators: Nell Selander, Economic and Community Development Director, and Sky Woodruff, City Attorney Negotiating Party: Nisar M Shaikh Trust Under Negotiations: Price and terms City of South San Francisco Printed on 8/13/2024Page 1 of 1 powered by Legistar™304 ID Start time Name / Nombre Would you like to speak during Public Comment on a matter NOT on the agenda? Desea hablar de un tema que no esta en la agenda de el concilio? If you would like to speak on an agenda item(s), Enter the Agenda Item Number(s) below. If adding more than one item, please add a comma between each number. Por favor ingrese el número de artíc... 1 8/14/24 15:58:26 Rhovy Antonio No 7/7A 2 8/14/24 18:24:45 Cory David Yes / Si Na 3 8/14/24 18:25:06 Cynthia Marcopulos Yes / Si Na 4 8/14/24 18:25:51 Charlene Rouspil Yes / Si N/A 5 8/14/24 18:28:22 Annie Lo Yes / Si N/A 6 8/14/24 19:28:06 Olga P Yes / Si No 7 8/14/24 0:00:00 Fionnola Villamejor Yes / Si 11/11A Trolls: Band Together F R I D A Y , A U G U S T 1 6 , 2 0 2 4 Martin Elementary School Field Hillside Blvd., South San Francisco pre-activity begins at 6:00 p.m. featuring - Karaoke Movie Night IN THE PARK Enjoy a FREE Family Friendly Event! Enjoy a FREE Family Friendly Event! M O V I E W I L L B E G I N A T S U N D O W N B R I N G Y O U R S N A C K S , B E V E R A G E S , L O W L Y I N G L A W N C H A I R S , B L A N K E T S A N D S L E E P I N G B A G S ! F O R Q U E S T I O N S , P L E A S E C O N T A C T T H E R E C R E A T I O N O F F I C E A T (6 5 0 ) 8 2 9 -3 8 0 0 O R V I S I T W W W .S S F .N E T /R E C ss f p a r k s a n d recreatio n A t O r a n g e M e m o r i a l P a r k P i c n i c M e a d o w M e m o r i a l D r i v e (a t W e s t O r a n g e A v e .) S o u t h S a n F r a n c i s c o S A T U R D A Y , S E P T E M B E R 2 1 , 2 0 2 4 1 1 :3 0 A .M . - 5 :0 0 P .M . FOR MORE INFORMATION, VISIT WWW.SSF.NET/CONCERT • BROUGHT TO YOU BY THE CITY OF SOUTH SAN FRANCISCO PARKS & RECREATION DEPARTMENT FEATURING GRAMMY AWARD WINNING DAZZ BAND BLESSID UNION OF SOULS AND STOP BY TO SHARE YOUR THOUGHTS ON THE ALTERNATIVE PARK DESIGNSPARK DESIGNS An exciting new park is coming to South San Francisco’s Old An exciting new park is coming to South San Francisco’s Old Town Neighborhood. This spring we held multiple events to Town Neighborhood. This spring we held multiple events to listen to the community and understand priorities for a new listen to the community and understand priorities for a new community space where we can all connect and play. community space where we can all connect and play. We have several concepts to share, based on community We have several concepts to share, based on community input, and want to hear what you think. Please stop by to input, and want to hear what you think. Please stop by to share your feedback and help guide the final concept!share your feedback and help guide the final concept! Visit Visit www.ssf.net/parkprojectswww.ssf.net/parkprojects or scan or scan the QR code for more information.the QR code for more information. FOR A NEW PARK AT LINDEN & PINE!FOR A NEW PARK AT LINDEN & PINE! PINE A V E ASPE N A V E CA L I F O R N I A A V E LIN D E N A V E 616 & 700 Linden Ave, South San Francisco, CA 94080 SCAN THE QRCODE BELOWAT MARTIN ELEMENTARY MOVIE NIGHTMOVIE NIGHT FRI 8/166:30 PM - 8:00 PM AT THE PARK SITE(LINDEN & PINE) OPEN HOUSEOPEN HOUSE SAT 8/2410:00 AM - 1:00 PM ONLINE SURVEYONLINE SURVEY SURVEY COMING SOON STARTING FRI 8/16 PASA Y COMPARTE SU OPINION SOMBRE LAS ALTERNATIVAS DE LOS DISEÑOS DEL PARQUEDISEÑOS DEL PARQUE Un nuevo y emocionante parque llegará al vecindario Old Un nuevo y emocionante parque llegará al vecindario Old Town del sur de San Francisco. Esta primavera pasada, Town del sur de San Francisco. Esta primavera pasada, tuvimos múltiples eventos para escuchar a la comunidad tuvimos múltiples eventos para escuchar a la comunidad y comprender las prioridades de un nuevo espacio y comprender las prioridades de un nuevo espacio comunitario donde todos podamos conectarnos y jugar. comunitario donde todos podamos conectarnos y jugar. Tenemos varios conceptos para compartir, basados Tenemos varios conceptos para compartir, basados en los comentarios de la comunidad, y queremos en los comentarios de la comunidad, y queremos escuchar lo que piensas. ¡Pase por aquí para compartir escuchar lo que piensas. ¡Pase por aquí para compartir sus comentarios y ayudar a guiar el concepto final!sus comentarios y ayudar a guiar el concepto final! Visite www.ssf.net/parkprojects o escanee el Visite www.ssf.net/parkprojects o escanee el código QR para obtener más información.código QR para obtener más información. PARA UN PARQUE NUEVO EN LINDEN Y PINE!PARA UN PARQUE NUEVO EN LINDEN Y PINE! PINE A V E ASPE N A V E CA L I F O R N I A A V E LIN D E N A V E 616 & 700 Linden Ave, South San Francisco, CA 94080 EN ESCUELA MARTIN ELEMENTARY NOCHE DE CINENOCHE DE CINE VIERNES 8/166:30 PM - 8:00 PM EN EL SITIO DEL PARQUE (LINDEN & PINE) CASA ABIERTA CASA ABIERTA SABADO 8/2410:00 AM - 1:00 PM ESCANEA EL CÓDIGO QR DEBAJO ENCUESTA EN LÍNEAENCUESTA EN LÍNEA DISPONIBLE PRONTO EMPEZANDO VIERNES 8/16