HomeMy WebLinkAbout2015-11-18 e-packet@6:30 rSiPECIAL MEETING
S
CITY COtNCIL
Cn
OF THE
CITY OF SOUTH SAN FRANCISCO
0 P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, California 94083
Meeting to be held at:
CITY HALL CONFERENCE ROOM
400 GRAND AVENUE
SOUTH SAN FRANCISCO, CA
WEDNESDAY,NOVEMBER 18, 2015
6:30 P.M.
NOTICE IS HEREBY GIVEN,pursuant to Section 54956 of the Government Code of the State of
California, the City Council of the City of South San Francisco will hold a Special Meeting on
Wednesday,the 18'b day of November,2015,at 6:30 P.M.,in the City Hall Conference Room,400 Grand
Avenue, South San Francisco, California.
Purpose of the meeting:
1. Call to Order.
2. Roll Call.
3. Public Comments—comments are limited to items on the Special Meeting
Agenda.
4. Agenda Review.
CONSENT
5. Resolution awarding the construction contract to Alex Kushner General
Contractor of San Francisco, California, for the Permit Center Upgrade Project in
an amount not to exceed $174,000.00 and rejecting all bid protests. (Patrick
Caylao, Associate Engineer).
6. Resolution amending the Salary Schedule, effective November 18, 2015, by
assigning a salary range for the Child Care Assistant Supervisor job classification
in the Mid-Management Bargaining Unit and City Clerk Records Technician job
classification in the confidential bargaining unit. (Mich Mercado, Human
Resources Manager).
7. Resolution approving a first amendment to the Affordable Housing Agreement
with City Ventures for the Project at 1256 Mission Road. (Armando Sanchez,
Housing Consultant)
ADMINISTRATIVE BUSINESS
8. Presentation of 2014-15 Year End Financial Results and Resolution authorizing
budget closing. (Richard Lee, Finance Director).
9. Resolution approving a Cooperative Agreement with the Peninsula Corridor Joint
Powers Board for the South San Francisco Caltrain Station Improvement project
and amending the 2015-2016 Capital Improvement Program Budget. (Brian
McMinn, Director of Public Works).
PUBLIC HEARING
10. Introduction of an Ordinance establishing an Underground Utility District along
Spruce Avenue from Railroad Avenue to Park Way, and directing staff to develop
a list of future underground utility districts (CIP Project ST1204). (Sam Bautista,
Principal Engineer and Kathleen Phalen, Swinerton Management).
ADJOURNMENT
sta Maftinelf," di y Cl
SPECIAL CITY COUNCIL MEETING NOVEMBER 18,2415
AGENDA PAGE 2.
S
Staff Report
DATE: November 18, 2015
TO: Mayor, Vice Mayor, and Councilmembers,
FROM: Brian McMinn, Director of Public Works/City Engineer
SUBJECT: A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO
ALEX KUSHNER GENERAL CONTRACTOR OF SAN FRANCISCO,
CALIFORNIA FOR THE PERMIT CENTER UPGRADES PROJECT IN AN
AMOUNT NOT TO EXCEED $174,000.00 AND REJECTING ALL BID
PROTESTS
RECOMMENDATION
It is recommended that the City Council adopt a resolution awarding the construction
contract to Alex Kushner General Contractor of San Francisco, California for the Permit
Center Upgrades Project(Project No.pf1606)in an amount not to exceed$174,000.00 and to
reject all bid protests.
BACKGROUND/DISCUSSION
The Permit Center, created in 1996, is comprised of the Planning, Engineering and Building
Divisions, which provides information. and application materials to businesses, developers, and
other applicants for necessary permits and approvals.The portion of the Permit Center occupied by
the Planning and Building Divisions is in need of improvements to its workspace for staff,security,
and Americans with Disabilities Act (ADA) accessibility. The improvements are intended to
improve the workflow of the Building and Planning staff, with shifting personnel to appropriate
workspaces, that not only serves their work needs, but to provide better service to the general
public. A key-entry security door will be installed at the front counter for much needed security.
Also, the pennit counter will be adding an ADA accessible counter space. An alternate bid item
will include the installation of a kitchenette within the work scope. Staff recommends awarding the
alternate bid item as it would help make the renovated space more versatile for future office space
planning.
During the course of construction, the Building and Planning permit technicians will be
temporarily housed in the Annex Conference Room while the inspectors, staff planners, and
administrative staff will be in the City office located at the Miller Avenue Parking Structure, All
communications will be directed to the parking structure city office, Construction is expected to
begin middle of December 2015 and last approximately forty (40) calendar days.
Group 4 Architecture was the consultant hired as the designer for the project. Construction is
scheduled to be completed in January 2016,
Staff Report
Subject: A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO ALEX
KUSHNER GENERAL CONTRACTOR,OF SAN FRANCISCO,CALIFORNIA
FOR THE PERMIT CENTER UPGRADES PROJECT IN AN AMOUNT NOT TO
EXCEED $174,000.00 AND REJECTING ALL BID PROTESTS
Page 2 of 3
Staff advertised a Notice Inviting Bids for the Project on October 13,2015. On October 20 and 21,
2015, staff held mandatory pre-bid conferences in which three (3) prospective bidders attended.
On November 5, 2015, the City received three (3) bid proposals. The following is the list of
bidder(s) with their total bid, which includes their base and alternate bid:
Contractor Base Bid Alternate Bid Total Bid
Alex Kushner GC $ 169,000,00 $ 5,000.00 $ 174,000.00
USS Cal Builders $ 173,745.00 $ 12,000.00 $ 185,745.00
Rodan Builders, Inc. $ 188,736.00 $ 10,179.00 $ 198,915.00
Engineer's Estimate $ 130,000.00 $ 10,000.00 $ 1401000.00
The lowest responsible bidder was Alex Kushner General Contractor("AKGC")of San Francisco,
California. Staff has verified the low bidder's current contractor's license with the California State
Licensing Board and found it to be in good standing. Staff recommends awarding the construction
contract to Alex Kushner General Contractor of San Francisco, California.
On November 6,2015, staff received a bid protest letter(Attachment"A")from USS Cal Builders
of Stanton, California claiming that the lowest bidder, AKGC, was non-responsive and non-
responsible by allegedly not preparing and providing certain bid proposal documents. Prior to the
bid protest, staff reviewed the lowest bidder's proposal and found it to be responsive and
responsible. Staffs response letter to the bid protest letter is attached as Attachment"B"for your
review.
FUNDING
Funding for this project is included in the City of South San Francisco's 2015-2016 Capital
Improvement Program (CIP), and sufficient funds are available in the project budget (pfl 606) to
cover the costs. Since, there are no federal funds being used for this project, there are no
requirements to meet Disadvantage Business Enterprise (DBE) reporting goals.
Shown below is the Project budget and cost breakdown:
Project Budget (CIP FY 2015-2016) $ 285,000.00
Alex Kushner General Contractor Total Bid $ 174,000.00
Hazardous Materials Allowance $ 15,000.00
Contingency(15%) $ 26,100.00
Administrative (10%) $ 17,400.00
Total Project Budget $ 232,500.00
Staff Report
Subject: A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO ALEX
KUSHNER GENERAL CONTRACTOR,OF SAN FRANCISCO, CALIFORNIA
FOR THE PERMIT CENTER UPGRADES PROJECT IN AN AMOUNT NOT TO
EXCEED $174,000.00 AND REJECTING ALL BID PROTESTS
Page 3 of 3
CONCLUSION
Staff recorm-nends awarding the construction contract to Alex Kushner General Contractor of San
Francisco, California for the Permit Center Upgrades Project in an amount not to exceed
$174,000.00 and rejecting all bid protests. The resulting improve►nents will upgrade the Permit
Center, improve security and ADA accessibility, and improve customer service.
By: Approved: Ab I V
Brian McMinn / W
/'N4iFutWl
Director of Public Works/City Engineer City Manager
Attachment: Resolution
Floor Plan
Protest Letter from USS Cal Builders (Attachment "A")
Staff Response Letter to Bid Protest(Attachment "B")
Draft Form of Agreement
pc/sb
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION AWARDING THE CONSTRUCTION
CONTRACT TO ALEX KUSHNER GENERAL CONTRACTOR
OF SAN FRANCISCO, CALIFORNIA FOR THE PERMIT
CENTER UPGRADES PROJECT IN AN AMOUNT NOT TO
EXCEED $174,000.00 AND REJECTING ALL BID PROTESTS
WHEREAS, the portion of the Pen-nit Center occupied by the Planning and
Building Divisions is in need of improvements to its workspace for staff, security, and
ADA accessibility; and
WHEREAS, on October 13, 2015, City of South San Francisco ("City") staff
issued a Request for Proposals ("'RFP") for the Permit Center Upgrades Project
("Project"); and
WHEREAS, on November 5, 2015, staff received proposals from three (3) (inns;
and
WHEREAS, after reviewing the submitted bid proposals, Alex Kushner General
Contractor ("Alex Kushner"), was the lowest bidder; and
WHEREAS, city staff recommends that the City Council authorize the City
Manager to award the construction contract to Alex Kushner of San Francisco, California
in an amount not to exceed $1,74,000.00 and rejecting the bid protest from USS Cal
Builders; and
WHEREAS, funding for the Project is included in the City of South San
Francisco's 2015-2016 Capital Improvement Program ("CIP").
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of
South San Francisco that the City Council hereby approves the award of the construction
contract for the Permit Center Upgrades Project with Alex Kushner General Contractor of
San Francisco, California in an amount not to exceed $174,000.00 conditioned on Alex
Kushner's timely execution of the Project contract and submission of all require
documents, including but not limited to, certificates of insurance and endorsements, in
accordance with the Project documents.
BE IT FURTHER RESOLVED that the City Council of the City of South San
Francisco hereby rejects all bid protests.
BE IT FURTHER RESOLVED that the City Council hereby authorizes the City
Manager to award the construction contract on behalf of the City upon timely submission
by Alex Kushner's signed contract and all other documents, subject to approval as to
form by the City Attorney.
I hereby certify that the foregoing Resolution was regularly introduced and
adopted by the City Council of the City of South San Francisco at a meeting
held on the day of 2015 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
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VIA CERTIFIED MAIL AND EMAIL
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Mr. Patrick Cavac\ P.E.
Associate Civil Engineer
City of South San Francisco
Engineering Division
315 Maple Avenue
South San �Framdsco, [AB4880
Phone: 650-829-6668
Re: Permit Center Upgrade Project
Bid Number-Engineering Fi|eNo.PB-15-S, Project NO, 510-99889-
PF1GOO BID NO. 259O
Bid Date- November 5, 2015
Bid Protest ofUSS Cal Builders Inc.
Dear Mr. Cey|oo:
On or about November 5, 2015, Alex Kushner General Contractor was the apparent low bidder
on the Permit Center Upgrade Project- 8id |dentiMca1ionPB-25-9, ProjectNO. S10-99999-PF1606
BID N8. 2S8U (the °Pr 'ect°). Thi5mmrnespondemcesha|( constituteU5SCaU8mi|der3 |mc. /°BSG�"\
Bid Protest of Alex Kushner General Contractor's bid.
Alex Kushner General Contractor's bid is nonresponsive because its bid failed to comply with
material requirements in the Instructions to Bidders as noted below, As such the bid must be
rejected. (See /1996\ 45 Cal. Appl 4th D87).
° Alex Kushner General Contractor did not Use the correct bid form supplied and required
by the contract documents and through the instruction tobidders.
0 Alex Kushner Generai| Contractor did not include the signed acknowledgment of
Addendum 1 in its bid submission as required by the contract documents and through the
instruction to bidders.
0 Alex Kushner General Contractor did not include the signed acknowledgment of
Addendum 2 in its bid submission as required by thecontract documents and through the
instruction to bidders.
a Alex Kushner General Contractor did not include the Bid Bond and Power of Attorney in
its bid submission as required by the contract documents and through the instruction to
bidders (missing pages 9 & 10 from the bid forrn/Pmoposa|).
T714 828 4882 F/14828 9,490 LUC 654454
8051 Ma�n Street, Stanton, CA9068D www.U8SCaYbUi|deys,co0
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As you are well aware, Responsiveness refers to the bid itself, which encompasses all of the
documents that must be submitted by each bidder within its sealed bid envelope. That includes
the bid proposal form, the signed acknowledgments, the bid bond, the power Vfattorney, and
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any other documents that the bidders are required 1nsubmit fora particular bid./\determination
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of responsiveness boils down to a simple binary analysis: whether or not the bidder complied'
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with the bidding instructions and in this case it is clear that Alex Kushner General Contractor did
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not.
| The City can only exercise its discretion to waive minor inconsequential errors. The bid
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documents make the use of the addendum 2 bid form mandatory by using the word "shall."
The bid form requires the bidder to acknowledge certain bond requirements and contract
documents revisions. The District cannot accept a bid that |som the wrong form and does not
include signed aicknovv|edgernentas required of both addenda (addendum 1 dated October
19, 2015 and Addendum 2 dated October Z8, 3O16). This is not in immaterial vvaivab|merror,
the use of the correct bid form was mandatory at bid date and time.
Here Alex Kushner General Contractor's bid must be found non-responsive due to their failure to
conform to the above mentioned requirements. Alex Kushner General Contractor deviations are
material as the mentioned general contractors will enjoy a substantial benefit not enjoyed by
other bidders by not complying with the express requirements of the instructionsto bidders. (See
Valley Crest Landscape, Inc. v. City Council of Davis (1995) 41 Cal. App. 4111432).
The City's Instructions to Bidders made certain bid requirements mandatory. To evaluate the
bids on any basis other than those requirements would be inappropriate and would give a
substantial benefit to Alex Kushner General Contractor not enjoyed by other bidders. Through
the facts and irregularities presented above that clearly clermonstratethe biddersfa||uretwmeet
the requirements, we again respectfully request that the award of the Project be made to WSS
[a| Builders, Inc.
|f you should have any questions, feel free tV contact rneat714-699-5245.
Sincerely,
Rab�ih B-Zein
Sr. Vice President
LISS Cal Builders, Inc.
T714 8�284�82 , F714 828 9498 LUC 1654454
8051 Main Street, Stanton, CA 9068,0 wwVKQGsCaUbUi|deys corn
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November 10, 2015
VIA E1\LAIL, FAX AND US NIAIL
Rabih El-Zein, Sr. Vice President
USS Cal Builders, Inc,
8051 Main Street
Stanton, CA 90680
Re, Response to Bid Protest for the Permit Center Upgrade Project
Project.No.pfl6O6, Bid No. 2580
Dear Mr. El-Zein:
Thank you for your letter dated November 6, 2015. This letter is sent on behalf of the City
of South San Francisco ("City") in response to N70Uf correspondence regarding a bid protest
by USS Cal Builders ("USS") on the Permit Center Upgrade Project, Project No. pf1606, Bid
No. 2580 ("Project"). In your later, you contend that the lowest apparent bidder, Alex
Kushner General Contractor ("AKGC") submitted a non-responsive bid because it did not
use the correct bid form, did not include Addendum #1 and #2, and did not include Bid
Bond and Power of Attorney in its bid. subtilission.
We have careful]), reviewed Your bid protest and consulted with our City Attorney's office.
Upon review, we have determined that the apparent low bidder's bid is responsive and
hereby reject your bid protest. Your representative asked for the Bid Proposal package,
which showed the bid schedule. She did not receive a copy of the Bid Bond, Power of
Attorney and signed acknowledgements of Addcndurn 41 and #2. Copies of those
documents are attached to this response letter. Lastly, the City has confirmed that the
lowest apparent bidder has complied with all bid requirements, even though AKGC stated
its bid priced on the original farm, the bid schedule remained the same and the total price of
the bid did not change.
Further, while we do not agree that there is a bid irregularity here, to the extent that it may
exist, public entities have some discretion in interpreting and enforcing their bidding rules,
including the right to waive inconsequential bid irregularities. Further, to the extent that a
bid irregularity may exist, the City clearly has right in interpreting and enforcing its bidding
rules and has the sole discretion to waive inconsequential bid irregularities. In this instance,
any purported bid itregulari tics would not affect the amount of the bid submitted by the
lowest responsible bidder. The court in ALM Constiwaion, Jnc. v. Cil'y and Coulqy qf' San
F�Y-ayltis,v (1998) 66 Cal.AppAth 359 at 369 held that the rule of strict compliance
USS Cal Builders
November 10, 2015
Page 2
with bidding requirements does not preclude a contracting entity from waiving
inconsequential deviations, providing: IT]he deviation must be capable of facilitating
corruption or extravagance, or likely to affect the amount of bids ..." Id. at 370. This
affirms the court's analysis two years earlier in Gbilotli Construction Co. V. City of RJ("bW0nd
(1996), 45 CaLApp.4th 897, 209:
[I]t is further well established that a bid which substantially
conforms to a call for bids may, though it is not strictly
responsive, be accepted if the variance cannot have affected the
amount of the bid or given a bidder an advantage or benefit not
in variance is
allowed other bidders or, " other words, if the va 'ance
inconsequential.
Finally, staff has taken your bid and bid protest seriously. The City is committed to
providing all bidders a fair opportunity to bid on and be awarded its numerous projects. It is
in the City's best interest to have a robust bidding environment. To that end, staff has
worked and continues to work diligently towards making sure all bids are hat-idled
consistently and fairly.
Please contact me if you have any questions.
Ven,Truly Yours,
Patrick Cavlao, P.E.
Associate i#.ngineer
City Of South San l"rancisco
cc: Sam Bautista, Principal Engineer
Jason Rosenberg, City Attorney
k wOD
COD
CITY OF SOUTH SAN FRANCISCO
ENGINEERING DIVISION
PART I
PROJECT NAME: PERMIT CENTER UPGRADES PROJECT
PROJECT NCI, PF1606
ENG. FILE NO PB-15-9
CONTRACTOR NAME: ALEX KUSHNER GENERAL CONTRACTOR
2364 FUNSTON AVENUE
SAN FRANCISCO, CA 941.16
BID NUMBER: 2580
AGREEMENT FOR PUBLIC IMPROVEMENTS
GENERAL PROVISIONS
315 MAPLE AVENUE
SOUTH SAN FRANCISCO, CALIFORNIA 94080
(650) 829-6652
FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS
TABLE OF CONTENTS
Pau No.
I Scope of Work A-I
2, The Contract Documents A-1
3. Equipment -Performance of Work A-2
4. Contract Price A-2
5, Time for Performance A-2
6. Rights of City to Increase Working Days A-2
T Option of City to Terminate Agreement in A-2
Event of Failure:to Complete Work
8. Termination of Contract for Convenience A-3
9. Liquidated Damages A-5
M Performance by Sureties A-5
11. Care of the Work A-5
12. Payments to Contractor A-5
13. Contract Security A-6
14. Hold-Han-riless Agreement and Contractor's Insurance A-7
15. Insurance A-7
I& Proof of Carriage of Insurance A-8
17. Emergency - Additional Time for Performance A-8
Procurement of Materials
18. Provisions Cumulative A-9
19, 'Notices A-9
20. Interpretation A-10
Attachment A—Escrow Agreement for'Security Deposits in Lieu of Retention
Page A-I of 12
FORM OF AGREEMENT FOR PUBLIC IMPROVEMENT'S
THIS AGREEMENT made and entered into this 18th, day of November, 2015, between the
CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of
California, hereinafter called "CITY" and Alex Kushner General Contractor, hereinafter called
"CONTRACTOR"'.
W I T N E S S ETH:
WHEREAS, City has taken appropriate proceedings to authorize construction of the public work
and improvements herein provided and execution of this contract.
WHEREAS, a notice was duly published for bids for the contract for the improvements
hereinafter described.
WHEREAS, on NOVEMBER 18, 2015, notice duly given, the City Council of said City awarded
the contract for the construction of the improvements hereinafter described to the Contractor, which
Contractor said Council found to be the lowest responsible bidder for said improvements,,
WHEREAS, City and Contractor desire to enter into this agreement for the construction of said
improvements pursuant to the terms, definitions and conditions set forth in the General Provisions and
other Contract Documents,
IT IS AGREED as follows:
1. Scope of Work. Contractor shall perforin the Work described briefly as follows:
The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for
the construction of the PERMIT CENTER UPGRADES PROJECT; PROJECT NO. PF1606;
BID NO. 2580; in accordance with the contract documents.
Also included are any such other items or details not mentioned above that are required by the
Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as
specified herein.and as directed by the Engineer.
The aforementioned improvements are further described in the "Contract Documents" hereinafter
referred to.
2. The Contract Documents, The complete contract consists of the following documents:
This Agreement; Notice Inviting Bids; the Accepted Bid; the complete plans, profiles, detailed drawings,
Standard Plans and Specifications, including Standard Specifications, General Provisions, Special
Provisions and Technical Provisions; Faithful Perfon-nance Bond; Payment Bond; Bid Schedule and
Wage Scale,
All rights and obligations of City and Contractor are fully set forth and described in the contract
documents.
`The term"Contractor" as used herein is employed without distinction as to either number or gender and shall
include whenever the context shall permit all agents,representatives,ernployees,servants,subcontractors and business or
social invitees.
Page A-2 of 12
All of the above named documents are intended to cooperate, so that any work called for in one
and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said
documents. The documents comprising the complete contract will hereinafter be referred to as "the
Contract Docurnents."
3. Equipment -_Performance of Work, Contractor shall furnish all tools, equipment,
apparatus, facilities, labor and materials necessary to perform and complete in a good and workmanlike
manner the Work of general construction as called for, and for the manner designated in, and in strict
conformity with, the plans and specifications for said Work entitled:
The equipment, apparatus, facilities, labor and materials shall be furnished and said Work
performed and completed as required in said plans and specifications under the direction and supervision
and subject to the approval of the Engineer of said City or the Engineer's designated assistant.
4. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work
agreed to be done the sure of One Hundred Seventy Four Thousand Dollars (S174,000.00). Said
price is detennined by the lump sum price contained in Contractor's bid. The lump suite price and unit
prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth
herein verbatim. In the event work is perfon-ned or inaterials furnished in addition to those set forth in
Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices
therein contained. Said amount shall be paid in installments as hereinafter provided.
5. Time for Perfonnance, The Contractor shall complete the Work called for under the
contract in all parts and requirements within sixty (60) working days as defined in the Special
Provisions. 'rhe Engineer shall furnish the Contractor a monthly statement showing the Dumber of
working days charged to the contract for the preceding month, the number of working days specified for
the completion of the contract,and the number of working days rei-naining to complete the contract.
6, lights of City to Increase Wqrking-T3a s: If such Work is not completed within the time
specified, the Engineer shall have the right to increase the Dumber of working days in the amount it may
determine will best serve the interest of the City. If it desires to increase said number of working days, it
shall have the further right to charge to Contractor and deduct from the final payment for the Work the
actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly
chargeable to Contractor and which accrue during the period of such extension, except that the cost of the
final service and preparation of the final estimates shall not be included in such charges, provided,
however, that no extension of time for the completion of such Work shall be allowed unless at least
twenty (20) days prior to the time herein fixed for the corripletion thereof or the tune fixed by the
Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in
writing with the Engineer,
7. Option of City to Terminate Agreement in Event of Failure to Complete Work. If
Contractor shall have refused or failed to prosecute the Work or any severable part thereof, with such
diligence as will insure its work, or any completion within the time specified, or any extensions thereof,
or shall have failed to complete said work within such time, or if Contractor should be adjudged a
bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors,or if
a receiver should. be appointed in the event of Contractor's insolvency, or if Contractor, or any
Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written
notice to Contractor, and Contractor's sureties of its intention to ten-ninate this Agreement, such notice to
contain the reasons for such intention to tenninate this Agreement, and unless within five (5) days after
Page A-3 of 12
the serving of such notice, such violation shall cease and ;satisfactory arrangements for the correction
thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and
tenninate.
8. Ten-nination of Contract for Convenience. The City also reserves the Tight to terminate
the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that
termination of the contract is in the best interest of the City. If the City elects to terminate the contract for
convenience, the termination of the contract and the total compensation payable to the Contractor shall be
governed by the following:
(A) The City will issue the Contractor a written notice signed by the Engineer,
specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be
relieved of further responsibility for damage to the Work (excluding materials) as specified in Section 7-
1.16, "Contractor's Responsibility for the Work and Materials," of the Standard Specifications arid,except
as otherwise directed in writing by the Engineer,the Contractor shall:
(1) Stop all work under the contract except that specifically directed to be completed prior to
acceptance.
(2) Perform work the Engineer deems necessary to secure the project for termination.
(3) Remove equipment and plant from the site of the Work.
(4) Take such action as is necessary to protect materials from damage.
(S) Notify all subcontractors and suppliers that the contract is being terminated and that their
contracts or orders are not to be further performed unless otherwise authorized in writing by the
Engineer.
(6) Provide the Engineer with an inventory list of all materials previously produced,
purchased or ordered from suppliers for use in the Work and not yet used in the Work, including
its storage location, and such other information as the Engineer may request.
(7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the
Contractor's responsibility to provide the City with good title to all materials purchased by the
City hereunder, including materials for which partial payment has been made as provided in
Section 9-1.06, "Partial Payments," of the Standard Specifications and with bills of sale or other
documents of title for such materials.
(8) ;Subject to the prior written approval of the Engineer; settle all outstanding liabilities and
all claims arising out of subcontracts or orders for materials tenninated hereunder. To the extent
directed by the Engineer, the Contractor shall assign to the City all the right, title and interest of
the Contractor under subcontracts or orders for materials terminated hereunder.
(9) furnish the Engineer with the documentation required to be furnished by the Contractor
under the provisions of the contract including, on projects as to which Federal and State funds are
involved, all documentation required under the Federal and State requirements included in the
contract.
(10) Take such other-actions as the Engineer may direct.
(I3) Acceptance of the contract as hereinafter specified shall not relieve the
Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for
darnage to materials after issuance of the Notice of Termination,except as follows=
(1) The Contractor's responsibility for damage to materials for which partial payment has
been arcade as provided in Section 9-1.06, "Partial Payments," of the Standard Specifications and
for materials furnished by the City for use in the Work and unused shall terminate when the
Engineer certifies that such materials have been stored in the manner and at the locations the
Engineer has directed.
Page A-4 of 12
(2) The Contractor's responsibility for damage to materials purchased by the City subsequent
to the issuance of the notice that the contract is to be terminated shall terminate when title and
delivery of such materials has been taken by the City,
(3) When the Engineer determines that the Contractor has completed the Work under the
contract directed to be completed prior to termination and such other work as I'Day have been
ordered to secure the project for termination, the Contractor will recommend that the Engineer
fon-nally accept the contract to the extent perfoirned, and immediately upon and after such
acceptance by the Engineer, the Contractor will not be required to perform any further Work
thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons
or property which occurs after the formal acceptance of the project by the Engineer.
(C) Termination of the contract shall not relieve the surety of its obligation for any
just claims arising out of the work performed.
(D) The total compensation to be paid to the Contractor shall be determined by the
Engineer on the basis of the following:
(1) The reasonable cost to the Contractor, without profit, for all work perforined under the
contract, including mobilization, demobilization and work done to secure the project for
termination. In detennining the reasonable cost, deductions will be made for the cost of materials
to be retained by the Contractor, amounts realized by the sale of materials, and for other
appropriate Credits against the cost of the work. When,,in the opinion of the Engineer, the cost of
a contract itern of work is excessively high due to costs incurred to remedy or replace defective or
rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of
performing such work in compliance with the requirements of the plans and specifications and the
excessive actual cost shall be disallowed.
(2) A reasonable allowance for profit on the cost of the work perforined as determined under
Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is
reasonably probable that the Contractor would have made a. profit had the contract been
completed and provided further, that the profit allowed shall in no event exceed four (4) percent
of said cost.
(3) The reasonable cost to the Contractor of handling material returned to the vendor,
deliN ered to the City or otherwise disposed of as directed by the Engineer.
(4) A reasonable allowance for the Contractor's administrative costs in deteri-nirling the
amount payable due to tennination of the contract,
(5) A reasonable credit to the City for defective or incomplete work not corrected.
All records of the Contractor and subcontractors necessary to detennine compensation in
accordance with the provisions of this Section 8 shall be open to inspection or audit by representatives of
the City at all times after issuance of the Notice of Termination and for a period of three (3) years,
thereafter, and such records shall be retained for that period.
After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of
interim estimates pending issuance of the Final Estimate in accordance with Section 9-1.0713, "Final
Payment and Claims," of the Standard Specifications when, in the Engineer's opinion, the amount thus
paid,together with all amounts previously paid or allowed, will not result in total compensation in excess
of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate
shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the
provisions of the contract.
Page A-5 of 12
�
If this contract is teronioutod by the City for cause, and it is later deteooine4 that the proper basis
for termination for cause did not exist, the termination shall be deemed to have been atermination for
convenience and governed by the tcnnoof this contract dealing with such teou6ou1io*.
If the contract ioterminated 6y the City for cause o, convenience, such termination shall neither
,act aaa waiver by the City ot its right to require the Contractor to correct defects iothe Work performed
hy the Contractor nor void any warranties applicable tothe Work psrC/omcd under the contract.
The provisions of this Section Q shall bc included in all subcontracts.
In the event of conflict between the termination provisions of this Section D and any other
provision or the contract, this Section shall prevail.
9. Liquidated Damnes. If the overall deadline for project completion and/or any of the
cuilcuimnu deadlines are not met and/or particular omotroot requirements are not met, daruageo will be
sustained by the City, and it is and will he impracticable and extremely difGurU1 10 emco*xin and
determine the actual damage nvhio6 the City will sustain. As such the Contract will be subject to the
liquidated damages oanocd in the Special Provisions oz $5U0^OO per calendar day, whichever is greater,
|
and should the Contractor fall to meet any milestone deadline or overall project deadline orfail to meet| -^
/
particular contract requirements uo narnu4inthe general provisions,
�
10. Performance by Sureties. In the event of any termination oo herein before provided, City
shall immediately give written notice dbereofnn Contractor and Contractor's sureties and the sureties uhuD
have the right nmtake over uudperfouu the Agreement,provided,however, that if the sureties, within five
(5) days after giving them said notice of termination, donot give the City written notice of their intention
to take over the performance of the Agreement and du not mormueaue per[hrnzxosc thereof within five (5)
days after notice to the City of such election, City may take over the Work and prosecute the same to
completion by contract or by any u1bcr method it may dcnou advisable, for the account, and at the
expense, of Conti-actor, and the sureties shall be liable to City for any excess cost or damages occasioned
City thereby; and, in such event, City niay, without liability for so doing, take possession o[and utilize io
completing the Work such materials', appliances, plant and other property belonging to Contractor as may
hmou the site ofthe Work and necessary therefore, Should Contractor contract iomn individual capacity,
the surety bond nbnl| contain the following provision: "Should Contractor contract in the [ootroohnr'a
individual capacity, the death of the Contractor shall not relieve the surety of its ohligaboou.^`
]l' Care of the Work. Contractor has examined the site of the Work and io familiar with its
topography and condition, location of property lines, easements, building lines and other physical factors,
and limitations affecting the performance nf this Agreement, Contractor, at Contractor's expense, nhmD
obtain any permission ncconoxzI for any operations conducted off the property nvvmed or controlled by
City. Contractor shall be responsible for the proper care and protection of all ouo1eriula delivered and
work performed until completion and final acceptance,
12. Payments to Contractor,
(A) Monthly Pno&Texa Payments. On ur before the tenth day ofeach and every month
during the progress of the Work following the Notice to Proceed, Coo1/uu1ur shall submit to the City
Engineer u complete iteroized :tutenco1 of all labor and ruutorio|n incorporated into the iuuprmveroent
during the preceding camuth and the portion of' the umnMruot vooz sppMooh]c thereto. On approval in
writing vC said statement hy the Engineer, the payment request shall be submitted to the City Council for
approval and within ten (10) days after approval thereof by the City Council, City *huU pay Contractor u
Page/\-6 ^fI2
sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials
incorporated into the improvement under the contract during the month covered by said statement.
(B) Notice of Completion and Final Payment. City shall file with the County
Recorder's Office a Notice of Completion within ten (10) days after said improvements shall have been
completed and accepted by City and written proof of said filling shall be delivered to the City Clerk.
The remaining five percent (5%), less that amount withheld by City to correct defective
work or otherwise complete the contract, shall be paid Contractor thirty (30) days after recordation of the
notice of completion of the Work, on duly certified voucher therefore, after Contractor shall have
furnished City with. a release of, or bond against all claims against City, if required by City, arising under
and by virtue of this contract, and work done, and materials famished hereunder. In the event that there
are any claims specifically excepted by Contractor, if permitted by City, froze the operation of the release,
there shall be retained by City stated amounts to be set forth therein and approved by the Engineer, If
there be any claims filed against the Work, City shall withhold final payment until the validity of such
claims shall have been properly detennined and in this regard City is hereby empowered to pay directly to
claimant the full amount of any valid claims.
(C) Escrow Account for Retention. Pursuant to Chapter 13 (cornmencing with
Section 4590) Division 5, Title I of the Government Code of the State of California, securities may be
substituted for any moneys withheld by a public agency to ensure perfoiniance under a contract.
At the request and expense of the Contractor, securities equivalent to the amount
withheld shall be deposited with the City, or with a State or Federally Chartered Bank as the escrow
agent, who shall release such securities to Contractor following the expiration of thirty(30) days from the
date of filing of a Notice of Completion of the Work by City, unless such securities are to be withheld by
City to correct defective work or otherwise complete the contract or are subject to withholding by City to
satisfy stop notices or other calms and costs associated therewith.
The request for substitution of securities to be deposited with the City, or with a State or
Federally Chartered Bank as escrow agent, shall be submitted on the form entitled "Supplemental
Agreement No, Substitution of Securities for Funds Withheld", which, when executed by the
Contractor and the City, shall constitute a Supplemental Agreement forriling a part of this Contract. The
City shall have thirty(30) days from receipt of any written request, properly completed and signed by the
Contractor and, if applicable, accompanied by an escrow agreement in a form acceptable to City, to
approve said request and effect the substitution. City shall not unreasonably withhold approval of said
request. City shall deteii-nine the value of any security so deposited. Such Supplemental Agreement, see
Attachment A, and any escrow agreement shall provide for the release of the securities to Contractor as
set forth herein and shall also set forth the manner in which City may convert the securities or portions
thereof to cash and apply the proceeds to the accomplishment of any purposes for which moneys may be
withheld and utilized as described in this Contract, including but not limited to the completion of the
contract, correction of defective work and the answering of any stop notice claims and litigation cost
thereof.
Securities eligible for investment under this Section shall be those listed in California
Govermnent Code Section 16430 or bank or savings and loan certificates of deposit.
The Contractor shall be the beneficial owner of any securities substituted for moneys
withheld and shall receive any interest thereon.
Page A-7 of 12
13. Contract Security. Concurrently with the execution hereof,Contractor shall furnish: (1) a
surety bond in an amount equal to at least one hundred percent(100%) of the contract price as security for
the faith performance of this contract; and (2) a separate surety bond in an amount equal to at least one
hundred percent (100%) of the contract price as security for the payment of all persons performing labor
and furnishing materials in connection with this contract in accordance with Section 4200-4208,
inclusive, of the(joverninent Code of the State of California. Sureties on each of said bonds and the form
thereof shall be issued by a California-admitted surety, satisfactory to the City and be approved by the
Engineer.
14. Hold-Hanuless, Aueement and Contractor's Insurance. Contractor agrees to, and shall,
hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability
for damage or claims for damage for personal injury, including death, as well as from claims for property
damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement,
whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or
more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor
or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive: boards,
officers, agents, and employees from any suits or actions at law or in equity for damages caused, or
alleged to have been caused,by reason of any of the aforesaid operations,provided as follows:
(A) The City does not, and shall not waive any rights against Contractor which it may
have by reason of the aforesaid hold-hanuless agreement, because of the acceptance by City, or the
deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15,
"Insurance"hereof.
(B) That the aforesaid hold-harmless agreement by Contractor shall apply to all
damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of
any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such
insurance policies shall have been determined to be applicable to any of such damages or claims for
damages.
15. Insurance. The Contractor shall take out and maintain during the life of this Agreement
the following policies of insurance-,
(A) )Alorkers' Compensation and Employers' Liability insurance providing full
statutory coverage.
In signing this Agreement, the Contractor makes the following certification, required by
Section 1861 of the California Labor Code:
"I am aware of the provisions of Section 3700 of the California Labor Code which
require every employer to be insured against liability for Workers' Compensation
or to undertake self-insurance in accordance with the provisions of the Code, and I
will comply with such Provisions before commencing the performance of the work
of this Agreement".
(B) Comprehensive General Liability Insurance,
Public Liability Insurance (includes premises, elevator - if applicable, products,
completed operations,personal injury and contractual):
(1) Bodily Injury Liability:
Page A-8 of 12
$ S00,0O0 each person $l,000,00Q each occurrence
(2) Property Damage Liability [includes }{CU (explosion, om0uDae, and underground
damage); water damage and broad f000 property dmnugeor third party liahility]:
S 5A0,000 per occurrence
{C} (includes owned, noo'OWocd,
and hired vcbioles):
(]) Bodily Injury Lim6iIi1y�
$ 500,080 per person $l,008,000 each occurrence
(2) Property Damage Liability:
$ 580,000 each occurrence
U]l ltio agreed that the insurance required b7 Subsections B and C. ioumaggregate
amount vfnot less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,800), shall
he extended to include as additional insured the City of South San froouixuo` its elective and appointive
boards,commissions, officers,agents,employees, with respect to operations perfonried by the Contractor,
au described herein. Evidence o[this insurance described above shall be provided to City upon execution
of this Agreement and shall 6eoub�jeotto approval ofthe City Attorney uo1n fbnn, amount and cum6oz.
The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced
or cancelled except upon thirty (30) days written notice tu City. In addition, the following endorsement
shall be made ao said policy ofinsurance:
"The fhlloningareoaroeduo additional insured nn the above policies: The City ofSouth
San Francisco,its elective and appointive boards, officers,agents, employees."
"Notwithstanding any other provision in this policy, the iouoruouc afforded hereunder to
the City,of South San Francisco sboD be primary as to any other insurance urrc'inxurumce
covering mrurailuble to the City of South 0uo Francisco, and such other ionoruour or
reinsurance u6u)| not 6e required to contribute !o any liability ocloss until and unless the
approximate limit of liability afforded hereunder iooxbooet*d,°
The above requirements that the City benamed as additional insured, that the insurance
shall be primary tuamy other, and that the insurance not be cancelled without notice, shall be provided in
the tbmm of an cn6urmuucot signed by an authorized rcproucotadiw: of the insurance company providing
coverage,who shall declare his ur her authority to sign wu behalf nf the insurer.
16. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer,
concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and
that each carrier obaD give City at least thirty {30) days prior notice of the :aoocllutiou or change of any
policy during the effective perimdof this contract. Further, I[the Contractors insurance policy includes u
self-insured retention that cuaot he paid by nummed insured as u precondition of the imawrur`x liability, or
which has the effect of providing that pu}ooeora of the self-insured retention by others, including
additional 6omarcda or insurers 6o not serve to satisfy the self-ioauzul retention, such provisions must be
modified by special endorsement so as to not apply to the additional insured coverage required by this
Page A-9of12
agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-
insured retention required to be paid as a precondition to the insurer's liability. Additionally, the
certificates of insurance must note whether the policy does or does not include any self-insured retention
and also must disclose the deductible,
17. Emergency - Additional Time for Performance - Procurement of Materials. If, because
of war or other declared national emergency, the Federal or State government restricts, regulates or
controls the procurement and allocation of labor or materials, or both, and if solely because of said
restrictions, regulation or controls, Contractor is, through no fault of Contractor, unable to perform this
agreement,or the work is thereby suspended or delayed,any of the following steps may be taken:
(A) City may, pursuant to resolution of the Council, grant Contractor additional time
for the performance of this agreement, sufficient to compensate in time, for said delay or suspension.
To qualify for such extension of time, Contractor, within ten (10) days of Contractor's
discovering such inability to perform, shall notify the Engineer in writing thereof and give specific reason
therefore; Engineer shall thereupon have Sixty(60) days within which to procure such needed materials or
labor as is specified in this agreement, or penuit substitution, or provide for changes in Work in
accordance with other provisions of this agreement, Substituted materials, or changes in the Work, or
both, shall be ordered in writing by the Engineer and the concurrence of the Council shall not be
necessary. All reasonable expenses of such procurement incurred by the Engineer shall be defrayed by
Contractor;or
(B) If such necessary materials or labor cannot be procured through legitimate
channels within sixty (60) days after the filing of the aforesaid notice, either party may, upon thirty (30)
days written notice to the other, terminate this agreement. In such event, the Contractor shall be
compensated for all work executed upon a unit or upon a cost-plus ten percent(10%) basis, whichever is
the lesser. Materials on the ground, in process of fabrication or in route Upon the date of notice of
tennination specially ordered for the project and which cannot be utilized by Contractor, shall be
compensated for by City at cost,including freight, provided that Contractor shall take all steps possible to
minimize this obligation; or
(C) City Council, by resolution, may suspend this agreement until the cause of
inability is removed, but for a period not to exceed (30) days. If this agreement is not cancelled and the
inability of Contractor to perform continues, without fault on Contractor's part, beyond the time during
which the agreement may have been suspended, as herein provided, City Council may further suspend
this agreement, or either party hereto may, without incurring any liability, elect to declare this agreement
terminated upon the ground of impossibility of performance:. In the event City declares this agreement
terminated, such declaration shall be authorized by the City Council, by resolution, and, Contractor shall
be notified in writing thereof within five (5) days after the adoption. In such event, the Contractor shall
be entitled to proportionate compensation at the agreement rate for such portion of the agreement as may
have been performed; or
(D) City may terminate this agreement, in which case Contractor shall be entitled to
proportionate compensation at the agreement rate for such portion of the agreement as may have been
performed. Such ten-nination shall be authorized by resolution of the Council. Notice thereof shall be
forthwith given in writing to Contractor and this agreement shall be terminated upon receipt by
Contractor of such notice. In the event of the termination in this subparagraph (D),none of the covenants,
conditions or provisions hereof shall apply to the work not performed and City shall be liable to
Contractor only for the proportionate compensation last herein mentioned,
Page A-10 of 12
Is. Provisions Cumulative, The provisions of the Agreement are cumulative, and in addition
to and no,t in limitation of, any other rights or remedies available to City..
19. Notices. All notices shall be in writing and delivered in person or transmitted by certified
mail,postage prepaid,
Notices required to be given to City shall be addressed as follows:
City Clerk
City Mall,400 Grand Avenue
South '.San Francisco,California 94080
Notices required to be,given to Contractor shall be addressed as follows:
Notices required to be given sureties of Contractor shall be addressed as follows:
Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as
follows;
20. Inte retation, As used herein, any gender includes each other gender, the singular
included the plural and vice versa.
Page A-11 of 12
IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of twelve (12)
pages (being pages A-] through A-12), each of which counterparts shall for all purposes be deemed an
original of said Agreement, have been duly executed by the parties hereinabove named, on the day and
year first hereinabove written.
ATTEST: CITY: City of South San Francisco,
a municipal corporation
........ By:
City Clerk Mike Futrell,City Manager
CONTRACTOR:
ATTEST: By:
(If Contractor is an individual, so state.
Contractor is a Corporation, a corporate seal
City Attorney or signatures of the President or Vice President
and the Secretary Treasurer are required),
Page A-12 of 12
ATTACHMENT A
ESCROW AGREEMENT FOR
SECURITY DEPOSITS IN LIEU OF RETENTION
THIS ESCROW AGREEMENT is made and entered into by and between the City of South San
Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter
referred to as "City" and -.-,whose address is
hereinafter called "Contractor" and
)whose address is
hereinafter called "Escrow Agent."
For the consideration hereinafter set forth,the Owner,Contractor, and Escrow Agent agree as follows;
I. Pursuant to Section 22300 of the Public Conti-act Code of the State of California, Contractor
has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be
withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for
in the amount of dollars ($_) dated _ (hereinafter
referred to as the "Contract"). Alternately, on written request of the Contractor, the Owner shall make
payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities,
as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit.
The market value of the securities at the time of the substitution shall be at least equal to the cash amount then
required to be withheld as retention under the terms of the Contract between the Owner and Contractor.
Securities shall be held in the narne of and shall designate the Contractor as the beneficial
owner.
2, The Ovniej shall make progress payments to the Contractor for those funds which otherwise
would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow
Agent holds securities in the form and amount specified above.
1 When the Owner makes payment of retentions earned directly to the Escrow Agent, the
Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this
contract is terminated. 'The Contractor may direct the investment of the payments into securities. All terms
and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable
and binding when the Owner pays the Escrow Agent directly.
4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent
in administering the Escrow Account and all.expenses of the Owner. These expenses and payment terms shall
be detertnined by the Owner,Contractor, and Escrow Agent.
5. The interest earned on the securities or the money market accounts held in escrow and all
interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by
Contractor at any time and from time to time without notice to the Owner.
6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow
Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the
Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor.
7. The Owner shall have a right to draw upon the securities in the event of default by the
Contractor. Upon seven day's written notice to the Escrow Agent born the owner of the default, the Escrow
Agent shall inu-nediately convert the securities to cash and shall distribute the cash as instructed by the Owner.
Escrow Agreement-Page 1 of 3
& Upon receipt of written notification from the Owner certifying that the Contract is final and
complete, and that the Contractor has complied with all requirements and procedures applicable to the
Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and
charges of the Escrow Account. The escrow shall be closed innnediately upon disbursement of all moneys and
securities on deposit and payments of fees and charges.
9. Escrow Agent shall rely on the written notifications frown. the Cher and the Contractor
pursuant to Sections (5) to (S), inclusive, of this Agreement and the Owner and Contractor-shall hold Escrow
Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above.
10. The names of the persons who are authorized to give written notice or two receive written
notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of
their respective signatures are as follows:
Can behalf of Clwner: On behalf of Contractor:
Title Title
Name Name
Signature _ Signature
......... ......
Address Address
On behalf of Escrow Agent
Title
Name
Signature
.Address
At the time the Escrow Agent is opened, the Owner and Contractor shall deliver to the Escrow Agent
a fully executed counterpart ofthis Agreement.
Escrow .Agreement-Page 2 of 3
IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the
date first set forth above.
Owner: Contractor;
Title Title
Marne Name
Signature Signature
Appro-ed as to form; Attest°:
City Attorney ]date City Clerk
Escrow Agreement-Page 3 of 3
GENERAL PROVISIONS
TABLE OF CONTENTS
SECTION Pale No.
SECTION I - DEFINITION OF TERMS GP-1
,SECTION 11 - PROPOSAL REQUIREME NTS GP-3
L General Information
1 Proposal Form
3. Bid Prices to Cover Entire Work
4. Examination of Plans, Specifications, Special Provisions and Site of Work
S. Proposal Guaranty
6. Rejection of Proposals Containing Alterations,Erasures or Irregularities
7. Competency of Bidders—Proposal Requirements
& Subcontractors
SECTION III AWARD AND EXECUTION OF CONTRACT GP-5
1. Award of Contract
2. Return of Proposal Guaranties
3. Contract Bonds
4. Liability Insurance Required
5. Execution of Contract
SECTION IV SCOPE OF WORK GP-6
I. Work to be Done
2. Safety Program
3. Removal of Obstructions
4. City Directed Change Orders
5, Alterations
6. Contractor Proposed Change Orders
T All Change Orders
8, Change Order Pricing
9. Liability for Unapproved Change Orders
10. Change Order Disputes
SECTION V CONTROL OF WORK GP-9
1, Authority of the Engineer
2. Confonnity with Plans
3. Coordination of Plans,Specifications and Special Provisions
4. Conflict between Parts of Contract Documents
GP-i
5. Interpretation of Plans and Specifications
6. Superintendence
7. Lines and Grades
S. Inspection
9, Removal of Defective and Unauthorized Work
10. Final Inspection
11, Record Drawings
12. Cost Reduction Incentive
SECTION VI CONTROL OF MATERIALS GP-14
1. Source of Supply and Quality of Materials
2. Defective Materials
3. Samples and`Pests
4. General Materials and Substitutions Requirements
5. Storage or Disposal of Materials Outside of the Right of Way
6. Construction and Demolition Waste Management Plan (WMP)
SECTION VII -LEGAL RELATIONS AND RESPONSIBILITY GP-17
1. Laws to be Observed
I Trench Safety and Differing Subsurface Conditions
3. flours of Labor
4. Review of Per Diem Rates
5. Prevailing Wage
6. Registration of Contractors
7. Permits and Licenses
8, Patents
9. Contractor's Field Office
10. Utilities
11. Contractor Cooperation&Coordination
12. Public Convenience
13, Public Safety
14. Preservation of Property
15, Responsibility for Damage
16, Contractor's Indemnities
17. Contractor's Responsibility for Work
18, Portion of Work which may be Placed in Service
19. No Personal Liability
20. No Abrogation of Codes, Standards,Laws and Ordinances
21. Guaranty
22, General Safety Requirements
23. Fair Employment Provisions
24. Employment of Apprentices
SECTION VIII - PROSECUTION AND PROGRESS GP-29
1. Subcontracting
2. Assignment
3. Time of Completion and Statement of Working Days
GP-ii
4. Progress of the Work and Time of Completion
5. Character of Workers
6, Temporary Suspension of Work
7. No Contractor Damages for Avoidable Delays
8. Impact of[unavoidable Delays
9. No Contractor Damages for Contractor Caused Delay
10. No Contractor Damages for Delay Not Caused by the City, Delay Contemplated by the
Parties, or other reasonable Delay
11, Delays Caused by the City.and/or its P'rivities
12. Delay Claims
13, Contractor Coordination.ofthe Work
14. Liquidated Damages
15. Suspension of Contract
16, Communications
17. Audit and ExaMination of records
18. Project Schedule
SECTION IX-MEASUREMENT AND PAYMENT GP-37
1. Measurement of Quantities
Progress Payments
3, Scope of Payment
4. Stop Notice Retention
5. Progress Payment Deductions
6. Acceptance of the Work
7. Final Payment
8. Travel &Subsistence Payments
9. Notice of Potential Claim
10. Clairns
11, False Claims Affidavit
12. Claims Processing and Review
13. Extra Work
14. Force.Account Work
GP-iii
SECTION I
DEFINITION OF TERMS
I. Bidder. Any individual, firm or corporation submitting a proposal for the work
contemplated, acting directly or through a.duly authorized representative.
2. Calendar Day. A calendar day shall be any day including all legal holidays,
Saturdays, and Sundays.
3.
City. The City of South San Francisco, State of California, acting through the City
Council, or other duly authorized agents.
4. Contract. The written agreement covering the performance of the work. The
complete contract includes the Agreement for Public Improvements, the Notice
Inviting Bids, the proposal, plans, specifications, contract bonds, and all
supplemental agreements affecting the work,
5. Contractor, The person or persons, firm, partnership, corporation, or combination
thereof, private or municipal, who have entered into the contract with the City, or the
City's legal representative.
6. Engineer or Works Engineer. The duly appointed Engineer of the City of South San
Francisco, acting directly or thr-ough properly authofized agents limited by the
particular duties entrusted to thern,
7. inspector. The Inspector or Inspectors of the Engineer of the City of South San
Francisco, limited by the particular duties entrusted to them.
8. Notice of Award, Written notice from the City to the successful lowest responsive
and responsible bidder stating that upon compliance with all conti-act prerequisites
and conditions,the City will execute the Contract with that bidder for the Work.
9, Notice to Proceed. Written notice from the City to the Contractor setting a date on
which Contract time will start and authorizing the Contractor to proceed with the
Work,
10. Plans, The drawings, or reproduction thereof, approved by the Engineer, pertaining
to the work, and made a part of the contract, including City's Standard Drawings and
Caltrans' Standard Plans dated May 2006.
11. Specifications. The information, directions, provisions, and requirements pertaining
to the work, and contained herein including Special Provisions, Technical
Specifications, General Provisions, those administrative subsections of Caltrans'
Standard Specifications that are specifically referenced in this Contract and the non-
administrative sections (Sections 1.0 through 9°5) of Caltrans' Standard
Specifications dated May 2006.
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11 Superintendent of Streets. The Engineer (Ex-officio Superintendent of Streets) of
the City of South San Francisco, acting directly or through properly authorized
agents.
13. The Work. The improvement, structure, project, or construction 'contemplated in
the contract, the furnishing of all necessary labor, materials, tools and other
devices, and the doing or perforn-ring by the Contractor of all things required to be
done for the fulfillment of the contract as provided therein.
14. Working Day. A working day is defined as any day, except as follows:
a. Satur•days, Sundays and Legal Holidays;
b. Days on which the Contractor is prevented by inclement weather or
conditions resulting immediately there from adverse to the current controlling operation
or operations, as determined by the Engineer, from proceeding with at least 75 percent of
the normal labor and equipment force engaged on such operation or operations for at least
60 percent of the total daily time being currently spent on the controlling operation or
operations;
c. Days on which the Contractor is prevented, by reason of requirements in the
"Maintaining Traffic and Working Hours" section of' the Special Provisions, from
working on the controlling operation or operations for at least 60 percent of the total daily
time being currently spent on such controlling operation or operations;
d. The current controlling operation or operations are defined to include any
feature of the work (e.g., an operation or activity, or a settlement or curing period)
considered at the time by the Engineer, which if delayed or prolonged, will delay the time
of completion of the Work- or
e. Legal Holidays are defined as those holidays observed by the City of
South San Francisco as specified in the Current Memorandum of Understanding (MOU)
between the City of South San Francisco and the American Federation of State, County
and Municipal Employees, Local 1569, AFL-CIO, except that half holidays, in the MOU
shall be considered full holidays under the Contract.
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SECTION 11
PROPOSAL REQUIREMENTS
1. General Information. Sealed proposals, addressed to the City Council of
the City of South San Francisco, will be received by the Purchasing Officer and will be
publicly opened and read at the time and place stated in the Notice to Inviting Bids.
Any bid may be withdrawn at any time prior to the hour fixed in the Notice
Inviting Bids for the opening of the bids provided that a request in writing, executed by
the bidder or the bidder's duly authorized representative, for the withdrawal of such shall
not prejudice the fight of a bidder to file a new bid.
2. Proposal Form. "The City will furnish to each bidder a standard proposal
form, which, when filled out and executed shall be submitted as their bid. Bids not
presented on forms so furnished may, in the City's sole discretion, be deemed non-
responsive and rejected on that basis.
On all bid items for which bids are to be received on a unit price basis, the unit
price for all items bid shall be shown, as well as the extended price (unit price multiplied
by the number of units shown on the proposal form) for each bid item bid. In the case of
any discrepancy between the extended price for any bid item bid, the unit price multiplied
by the number of units shall prevail. In the event of any discrepancy between the total
contract arnount and the sum of the extended prices of all items, the sum of the extended
prices of all items shall prevail.
The proposal shall set forth the item prices and totals, in clearly legible figures, in
the respective spaces provided and shall be signed by the bidder, who shall fill out all
blanks in the proposal form as therein required.
The bidder shall also fill out all blanks in the proposal forms for any alternative to
the project proposed by the City; failure to do so may, in the City's sole discretion, result
in the proposal being considered non-responsive and rejected on that basis.
3, B1
Prices ices to Cover Entire Work. Payment for the work done under this
Bid
contract shall be as set forth on the Bidder's Sheet for Proposal. Bidder shall include the
entire cost of the work conternplated in the contract, as required by the plans, drawings,
specifications, Special Provisions, and General Provisions: and, furthermore, it shall be
understood and agreed that the cost of all labor, materials and equipment and all
incidentals expense of whatever nature necessary to complete the Work is included.
Any part of the Work which is not mentioned in the Specifications, and/or in the
Special Provisions, but is shown on the plans, or any part not shown on the plans but
described in the Specifications and/or in the Special Provisions, or any part not shown in
the plans nor described in the Specifications or Special Provisions, but which is
reasonably implied by either, of is necessary or usual in the performance of such work,
shall be performed as incidental work, without extra cost to the City, by the Contractor as
i f fully described in the Specifications or Special Provisions and shown on the plans, and
the expense thereof shall be included in the total bid.
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4. Examination of Plans, Specifications Special Provisions, and Site of
Work. The bidder is required to examine carefully the site of and the proposal, plans,
specifications, and correct forms for the work contemplated, and it will be assumed that
the bidder has investigated and is satisfied as to the conditions to be encountered, as to
the character, quality, and quantities of work to be performed and materials to be
furnished, and as to the requirements of the specifications, the special provisions and the
contract. it is mutually agreed that submission of a. proposal shall be considered prima
facie evidence that the bidder has made such examination.
The City will not be responsible for any loss or unanticipated cost incurred by the
Contractor as a result of the Contractor's failure to estimate in advance all conditions
pertaining to the Work, including underground facilities and sewers that may have to be
relocated.
5. Proposal GuarapV. All bids shall be presented under scaled cover and shall
be accompanied by cash, cashier's check, certified check, or bidder's bond, made payable to
the City of South San Francisco, for the amount equal to at least ten per cent (I 0�%) of the
amount of said bid, and no bid shall be considered unless such cash, cashier's check, or
certified check, or bidder's bond is enclosed therewith,
G. Reiection of Proposals Containing Alterations., Erasures, or Irregularities.
Proposals may be rejected if they show any alterations of form, additions not called for,
conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind.
T Competency of Bidders - Proposal Requirements. Before entering into a
contract, the bidder shall satisfy the City that he possesses adequate equipment and has the
necessary experience and forces to perform the Work in the manner set forth in these
specifications. He shall be a licensed Contractor in the State of California. A City of South
San Francisco license will be required before the contract for the Work is signed by the City,
8. Subcontractors. Proposals shall comply with the Subletting and
Subcontracting Fair Practices Act (Government Code Section 4100 et seq). Pursuant to
Section 4104 of said Act, bidder shall in the bid set forth:
a. The name and the location of the place of business of each sub-contractor
who will perform work or labor or render service to the prime Conti-actor in or about the
construction of the Work or improvement in an amount in excess of one-half of one
percent of the prime Contractor's total bid.
b. The portion of the Work, which will be done by each such subcontractor
under this Act. The prime Contractor shall list only one subcontractor for each of such
portions as is defined by the prime Contractor in the Contractor's bid.
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SECTION III
AWARD AND EXECUTION OF CONTRACT
I Award of Contract, The City reserves the right to reject any and all
proposals. The award of the contract, if it is awarded, will be to the lowest responsible
bidder, and will be made within sixty (60) calendar days after the opening of the proposal.
All bids will be compared on the basis of the Engineer's cost estimate.
2. Return of Proposal Guaranties, Within ten (10) working days after the
execution of the Contract, the City will return the proposal guaranties accompanying the
proposals that are not to be considered in making the award. All other proposal guaranties
will be held until the contract has been finally executed, after which they will be returned to
the respective bidders whose proposals they accompany.
3. Contract Bonds. The bidder to whom the contract is awarded shall
execute a performance bond satisfactory to the City for the Faithful performance of the
Work in a sum equal to the amount of the contract,
A. payment bond shall be furnished securing the claims of persons einployed by
the Contractor and the claims of persons who furnish materials, supplies or equipment
used or consumed by the Contractor in the performance of the Work. This bond shall be
in a sum equal to the arnount of the contract.
4. Liabililyjnsurance Required. See Section 14, "Hold-Harmless Agreement
and Contractor's Insurance" and Section 15, "Insurance" of the Agreement for Public
Services.
5. Execution of Contract. The contract shall be signed by the successful
bidder and returned, together with the contract bonds, within ten (10) working days, after
the bidder has received the Notice of Award. Failure to execute the contract and file
acceptable bonds within the specified time shall be just cause for the annulment of the
award and the forfeiture of the proposal guaranty.
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SECTION Ira'
SCOPE OF FORK
1. Work to be Done. The work to be done consists of furnishing all labor,
matenals, methods or processes, implements, tools, and machinery, except as otherwise
specified, which are required to construct and put into complete order for use the Work
described in the Special.Provisions, and to leave the grounds in a neat condition,
2. Safety Program.
a. The Contractor shall confonn to the rules and regulations pertaining to safety
established by the California Division of Industrial. Safety and to all requirements as set
forth in the State of California Construction Safety Orders (CAI.,/OSHA), and in particular,
Article 3 of these Safety Orders, regarding Accident Prevention and safety meetings.
Within ten (10) working days following Notice of./Award the Contractor must submit to the
City a copy of the Contractor's Safety Plan.
b. full compensation for furnishing all labor, materials, toads and equipment
and doing all the work involved in this item of work as above specified, shall be
considered as included in the prices paid for the various contract items of work and no
additional compensation will be made therefore.
3. Removal of Obstructions. The Contract shall remove and dispose of all
structures, debris, or other obstructions of any character to the Work to be performed.
4. City Directed Change Or,lers. The City may, at any time during the progress
of the Work, direct any amendments to the Work or any of the Contract Documents. Such
amendments shall in no way void. the Contract, but will be applied to amend the Contract
Price, if such amendments affect the Contract Price, the Project schedule (if such
amendments affect the Project schedule), or any other provision of the Contract Documents
based on a fair and reasonable valuation of the amendment in accordance with this Section
IV,
5, Alterations, Subject to the provisions of Section 4-1.03, "Changes" of tile
Standard Specifications and unless otherwise specified, the City reserves the right to
increase or decrease the quantity of any itern or portion of the Work or to omit portions of
the Work as may be deemed necessary or advisable by the Engineer, also to make such
alterations or deviations, additions to, or omissions from the plans and Specifications, as
may be determined during the progress of the Work to be necessary and advisable for the
property completion thereof. Upon written order of the Engineer, the Contractor shall
proceed with the Work as increased, decreased or altered.
When alterations in plans or quantities of work are ordered and performed, the
Contractor shall accept payment in full at the contract unit price for the actual quantities
of work done. No allowance will be made in any case for loss of anticipated profits.
Increased or decreased work involving supplemental agreements will be paid for as
stipulated in such agreements.
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6. Contractor Proposed Change Orders. The Contractor shall submit proposed
changes to the Engineer no later than 15 days before the proposed change.
7. All Change Orders. All change orders or amendments to Contract
Documents must be approved by the Engineer prior to the change or amendment and must
be evidenced by a writing executed by authorized representatives of the City and the
Contractor. All change order proposals roust specify any change in the Project schedule, or
any project milestone, including, but not limited to, the Time for Completion, under the
change order. It is understood that change orders that do not specify a change in any
milestone, including, but not limited to, the Time for Completion, may be accomplished by
the Time for Completion then in effect.
8, Change Order Pricing. Change order pricing for all change orders, whether
additive, deductive, or both,will be governed by the following.
a. Prices specified in the Contract Documents will apply to cost impacts
involving items for which the Contract Documents specify prices..
b. Cost impacts involving items for which the Contract Documents do not
specify prices, charges or credits will be paid on a time and materials basis in accordance
with the following. All costs listed in this Subsection (b) will constitute incidentals, full
compensation for which will be deemed included in the markups for labor, material, and
equipment specified below, and no additional compensation for such cost impacts will be
allowed:
(1) Labor. The Contractor will be paid the cost of labor- for workers
(including foremen when authorized by the Engineer), used in the actual and direct
performance of the work,plus a fixed mark up of 15% of such labor cost.
(2) Materials, Materials costs will be the direct costs for materials
actually exhausted, consumed, or entering permanently into the 'Work, plus a fixed
markup of 15'%0 of such direct materials costs.
(3) Equipment.. All equipment used will. be paid in accordance with the
established rates for equipment rental in the Contract Documents, plus a fixed
markup of 1 Ol% of each such equipment rates.
(4) Subcontractors. The Contractor will be paid the cost of
Subcontractors plus a fixed markup of 5'%0. The additional 5% markup shall
reimburse the Contractor for additional administrative costs, and no other additional
payment will be made by reason of performance of the extra work by a
Subcontractor.
q. Liability For Unapproved Change Carders. The Contractor will be solely
responsible for any and all losses, costs, or liabilities of any kind incurred by the Contractor,
any subcontractor engaged in the per fonnance of the Work, any party supplying material or
equipment for the Work or any third party that is/are retained pursuant to Contractor-
proposed change orders prior to issuance of an approved change order executed according;to
the terms of this Section W, The Contractor shall have all of the obligations and the City
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will have all of the rights and remedies that are specified in these Contract Documents
concerning any work or resulting losses, costs, or liabilities pursuant to an unapproved
Contractor-proposed change order.
M Change Order Disputes.
a, Disputed City-Directed Change Orders. If the Contractor disputes a City_
directed change order following a reasonable effort by the City and the Contractor to resolve
the dispute, including, at a minimum, a imeeting between appropriate representatives of the
Contractor and the City, the Contractor must commence performing the Work consistent
with the disputed change order within five (5) working days of the last meeting between
representatives of the Contractor and the City to resolve the dispute, or within the time
specified in the disputed City-directed change order, whichever is later. In perforining:work
consistent with a disputed City-directed change order pursuant to this provision, the
Contractor will have all of the Contractor's rights concerning claims pursuant to the
Contract Documents and applicable law.
b. Disputed Contractor-Proposed Change Orders. If the City disputes a
Contractor-proposed change order, the City and the Contractor will use reasonable efforts
to resolve the dispute including, at a minimum, holding a meeting between appropriate
representatives of the Contractor and the City. Regardless of and throughout any such
efforts to resolve the dispute, the Contractor must continue perforn-ling the Work
irrespective of and unmodified by the disputed change order. In continuing to perform
the Work, the Contractor will retain all of the Contractor's rights under contract or law
pertaining to resolution of disputes and protests between contracting parties. Disputes
between the City and the Contractor concerning any Contractor-proposed change order or
other amendment do not excuse the Contractor's obligation to perform the Work in
accordance with the Contract Documents excluding such Contractor-proposed change
order or other amendment by the Time for Completion or waive any other Project
milestone or other requirement of the Contract Documents.
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SECTION V
CONTROL OF WORK
I Authority of the Engineer, The Engineer shall decide any and all questions
which may arise as to the quality or acceptability of materials famished and work
performed, and as to the manner of performance and rate of progress of the Work; all
questions which may arise as to the interpretation of the plans and specifications; all
questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all
questions as to compensation. The Engineer's decision shall be final and he shall have
authority to enforce and make effective such decisions and orders as the Contractor fails to
carry out promptly.
2. Conformity with Plans. Finished surfaces in all cases shall conform to the
lines, grades, cross-sections and dimensions shown on the approved plans,
3. Coordination of These
specifications, general provisions, special provisions, standard specifications, plans and all
supplementary documents are essential parts of the contract, and a requirement occurring in
one is as binding as though occurring in all. They are intended to be cooperative,to describe
and to provide for a complete work.
4. Conflict Between Parts of Contract Documents, If there is any conflict
between the requirements of the various contract documents, the following shall be the order
of precedence(in order from highest precedence to lowest):.
a. Agreement for Public Improvements
b. Special Provisions
C. Technical Specifications
d, Drawings
e, City Standard Drawings
f. General Provisions
9. Standard Specifications
h. Standard Plans
5, Intei-Dretation of Plans and Specifications, Should it appear that the work to
be done or any matter relative thereto are not sufficiently detailed or explained in the these
specifications, plans, and the Special Provisions, the Contractor shall apply to the Engineer
well in advance of the time a clarification is needed for such further explanations as may be
necessary and shall conform to those explanations as part of the contract, so far as may be
consistent with the original specifications. The Engineer's decision regarding definitions or
clarifications will be final.
In the event of any discrepancy between any drawing and the figures written
thereon,the figures shall be taken as correct.
6. Superintendence, Contractor shall give personal superintendence to the
work on said improvements or have a competent foreman or superintendent, satisfactory to
the Engineer, at the work site at all times during progress with authority to act for the
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Engineer, Whenever the Contractor is not present on any part of the work site where it may
be desired to give direction, orders will be given by the Engineer, wliich shall be received
and obeyed by the Superintendent or foremen in charge of the particular work in reference
to which the orders are given,
7. Lines and Grades. Conti-actor shall be responsible to set lines and grades for
construction.
8. Inspection. The Engineer shall at all times have access to the Work during
construction, and shall be furnished with every reasonable facility for ascertaining full
knowledge respecting the progress, workmanship, and character of materials used and
employed in the Work. Whenever the Contractor varies the period during which work is
carried on each day, he shall give due notice to the Engineer so that proper inspection
may be provided. Any work done in the absence of the Engineer will be subject to
rejection.
The inspection of the Work shall not relieve the Contractor of any of the
Contractor's obligations to fulfill the contract as prescribed. Defective work shall be
made good, and unsuitable materials may be rejected, notwithstanding the fact that such
defective work and unsuitable materials have been previously overlooked by the
Engineer and accepted or estimated for payment.
9. Removal of Defective and Unauthorized Work. All work, which has been
rejected, shall be remedied, or removed and replaced by the Contractor in an acceptable
rnariner and no compensation will be allowed for such removal or replacement. Any work
done beyond the lines and grades shown on the plans or established.by the Engineer, or any
extra work done without written authority will be considered as unauthorized and will not be
paid for. Work so done may be ordered removed at the Contractor's expense, Upon failure
on the part of the Contractor to comply forthwith with any order of the Engineer made under
the provisions of this article, the Engineer shall have authority to cause defective work to be
removed, and to deduct the costs from any monies due or to becorne due the Contractor
10. Final Inspection. Whenever the Work provided and contemplated-by the
contract shall have been satisfactorily completed and the final cleaning up performed, the
Engineer will make the final inspection.
11, Record Drqwings, The Contractor shall keep and maintain, on the job site,
one record set of Drawings. On these, the Contractor shall mark all project conditions,
locations, configurations, and any other changes or deviations which may vary from the
,details represented on the original Contract Documents, including buried or concealed
construction and utility features which are revealed during the course of construction..
Special attention shall be given to recording the horizontal and vertical location of all
buried utilities that differ from the locations indicated in the Contract Documents. Said
record drawings shall be supplemented by any detailed sketches as necessary or directed
to indicate, fully, the work as actually constructed. These master record drawings of the
contractor's representation of as built conditions, including all revisions made necessary
by addenda, change orders, and the like shall be maintained up to date during the
progress of the work.
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In the case of those drawings which depict the detailed requirements for
equipment to be assembled and wired in the factory, such as motor control centers and
the like, the record drawing shall be updated by indicating those portions which are
superseded by change order drawings or final shop drawings, and by including
appropriate reference information describing the change orders by number and the shop
drawings by manufacturer, drawing, and revision numbers.
Record drawings shall be accessible to the Engineer at all. times during the
construction period and shall be delivered to the Engineer upon completion of the Work.
Final payment will not be approved until the Contractor prepared record drawings
have been delivered to the Engineer. Said up to date record drawings may be in the forrn
of a set of prints with carefully plotted information as approved by the Engineer. Upon
substantial completion of the Work and prior to final acceptance, the Contractor shall
complete and deliver a complete set of record drawings to the Engineer for transmittal to
the City, conforming to the construction records of the Contractor. This set of drawings
shall consist of corrected plans showing the reported location of the Work. The
information submitted by the Contractor and incorporated by the Engineer into the
Record Drawings will be assumed to be reliable, and the Engineer will not be responsible
for the accuracy of such information, nor for any errors or omissions that may appear on
the Record Drawings as a result.
1. . Cost Reduction Incentive, The Contractor may submit to the Engineer, in
writing, proposals for modifying the plans, specifications or other requirements of the
contract for the sole purpose of reducing the total cost of construction. The cost
reduction proposal shall not impair, in any manner, the essential functions or
characteristics of the project, including but not limited to service life, economy of
operation, case of maintenance, desired appearance, or design and safety standards. 'Cost
reduction proposals shall contain the following information:
a. A description of both the existing contract requirements for performing the
Work and the proposed changes,
b, An itemization of the contract requirements that must be changed if the
proposal is adopted,
C. A detailed estimate of the cost of performing the Work under the existing
contract and under the proposed change. The estimates of cost shall be determined in the
same manner as if the Work were to be paid for on a force account basis as provided in
Section IX-14, "Force Account Work" of these General Provisions.
d. A statement of the time within which the Engineer must make a decision
thereon.
e. The contract items of work affected by the proposed changes, including
any quantity variation attributable thereto,
The provisions of this section shall not be construed to require the Engineer to
consider any cost reduction proposal which may be submitted hereunder, proposed
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changes in basic design of a bridge or of a pavement type will not be considered as an
acceptable cost reduction proposal; the City will not be liable to the Contractor for failure
to accept or act upon any cost reduction proposal submitted pursuant to this section nor
for any delays to the Work attributable to any such proposal. If a cost reduction proposal
is similar to a change in the plans or specifications, under consideration by the City for
the project, at the time said proposal is submitted or if such a proposal is based upon or
similar to Standard Specifications, standard special provisions of Standard Plans adopted
by the City after the advertisement for the contract, the Engineer will not accept such
proposal and the City reserves the right to make such changes without compensation to
the Contractor under the provisions of this section.
The Contractor shall continue to perform the Work in accordance with the
requirements of the contract until an executed change order, incorporating the cost
reduction proposal has been issued. If an executed change order has not been issued by
the date upon which the Conti-actor's cost reduction proposal specifies that a decision
thereon should be made, or such. other date as the Contractor may subsequently have
specified ir1 writing, such cost reduction proposal shall be deemed rejected.
The Engineer shall be the sole judge of the acceptability of a cost reduction
proposal and of the estimated net savings in construction costs from the adoption of all or
any part of such proposal. In determining the estimated net savings, the right is reserved
to disregard the contract bid prices if in the judgment of the Engineer, such prices do not
represent a fair measure of the value of work to be performed or to be deleted.
The City reserves the right where it deems such action appropriate, to require the
Contractor to pay in part or whole the City's costs of investigating a cost reduction
proposal submitted by the Contractor as a condition of considering such proposal. Where
such a condition is imposed, the Contractor shall indicate acceptance thereof in writing,
and such acceptance shall constitute full authority for the City to deduct amounts payable
to the City from any monies due or that may become due to the Contractor under the
contract.
If the Contractor's cost reduction proposal is accepted in whole or in pail, such
acceptance will be by a contract change order, which shall specifically state that it is
executed pursuant to this section. Such change order shall incorporate the changes in the
plans and specifications which are necessary to permit the cost reduction proposal or such
part of it as has been accepted to be put into effect, and shall include any conditions upon
which the City's approval thereof is based if the approval of the City is conditional. The
change order shall also set forth the estimated net savings in construction costs
attributable to the cost reduction proposal effectuated by the change order, and shall
further provide that the Contractor be paid 50 percent of said estimated net savings
amount. The Contractor's cost of preparing the cost reduction incentive proposal and the
City's cost of investigating a cost reduction incentive proposal, including any portion
thereof paid by the Contractor, shall be excluded from consideration in determining the
estimated net savings in construction costs.
Acceptance of the cost reduction proposal and performance of the work
thereunder shall not extend the time of completion of the contract unless specifically
provided for in the contract change order authorizing the use of the cost reduction
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proposal, The amount specified to be paid to the Contractor in the change order which
effectuates a cost reduction proposal shall constitute full compensation to the Contractor
for the cost reduction proposal and the performance of the work thereof pursuant to the
said change order.
The City expressly reserves the right to adopt a cost reduction proposal for
general use on contracts administered by the City when it determines that said proposal is
suitable for application to other contrasts. When an accepted cost reduction proposal is
adopted for general use, only the Contractor who first submitted such proposal will be
eligible for compensation pursuant to this section, and in that case, only as to those
contracts awarded to the Contractor prior to submission of the accepted cost reduction
proposal and as to which such cost reduction proposal is also submitted and accepted,.
Cost reduction proposals identical or similar to previously submitted proposals will be
eligible for consideration and compensation under the provisions of this section if the
identical or similar previously submitted proposals were not adopted for general
application to other contracts administered by the City. Subject to the provisions
contained herein, the City or any other public agency shall have the right to use all or any
part of any submitted cost reduction proposal without obligation or compensation of any
kind to the Contractor.
This Section V-12, "Cost Reduction Incentive" of these General Provisions shall
apply only to contracts awarded to the lowest bidder pursuant to competitive bidding.
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SECTION VI
CONTROL OF MATERIALS,
I. Source of Supply and Quality of Materials. At the option of the Engineer the
source of supply of each of the material shall be approved by the Engineer before the
delivery is started. Only materials conforming to the requirements of these specifications
and approved by the Engineer shall be used in the Work. Materials used for the Work.must
be new and of the quality specified. When not particularly specified, materials must be the
best of their class or kind. The Contractor must, if required, submit satisfactory evidence as
to the kind and quality of materials. All materials proposed for use may be inspected or
tested at any time during their preparation and use. After trial, if it is found that source of
supply which have been approved so not furnish a uniform product or if the product from
any source proves unacceptable at any time the Contractor shall furnish approved material
from other approved sources. No material, which, after approval, has in any way become
urift for use shall be used in the Work.
2. Defective Materials. All materials Dot conforrning to the requirements of
these specifications shall be considered as defective and all such materials, whether in place
or not, shall be rejected. They shall be removed immediately from the site of the Work,
unless otherwise permitted by the Engineer. No rejected material, the defects of which have
been subsequently corrected, shall be used until approval in writing has been given by the
Engineer. Upon failure on the part of the Contractor to comply forthwith with any order of
the Engineer made under the provisions of this article, the Engineer shall have authority to
remove and replace defective material and to deduct the cost of removal and replacement
from any monies due or to become due the Contractor.
3. Samples and Tests. representative preliminary samples of the character
and quality prescribed shall be submitted by the Contractor or producer of all materials to
be used in the Work, for testing or examination as desired by the Engineer. All tests of
materials furnished by the Contractor shall be made in accordance with commonly
recognized standards of national organizations and such special methods and tests as are
prescribed in these specifications.
The Contractor shall furnish such samples of materials as are requested by the
Engineer, without charge. Samples will be secured and tested whenever necessary to
determine the quality of material. Contractor shall notify City a sufficient time in
advance of the manufacture or production of materials to be supplied by Contractor under
this contract in order that City may arrange for mill or factory inspection and testing of
same.
Any materials shipped by Contractor from factory prior to having satisfactorily
passed such testing and inspection by City's representatives, or prior to the receipt of
notice from such.representative that such testing and inspection will not be required, shall
not be incorporated on the job of said improvements.
Contractor shall also furnish City, in triplicate, certified copies of all required
factory and mill.test reports.
GP-14 of 48
4. General Materials and Substitutions Requirements.
a. If the Contractor submitted complete infoririation to the Engineer for
products proposed as equals in accordance with the bid package, and the City approved
such products proposed as equals in writing, the Contractor may either furnish such
products approved as equals, or furnish the products listed by manufacturer name, brand
or model number in the Technical Specifications or Project Plans. The City retains the
right, in its sole discretion, to accept or reject any other proposed substitution. To be
considered, proposals concerning products proposed as equals must include sufficient
information to permit the City to determine whether the products proposed as equals will
satisfy the same performance requirements as products listed by manufacturer's name,
brand or model number. Such performance requirements may include, but are not limited
to, size, strength, function, appearance, ease of maintenance and repair, and useful life
requirements. If the City does not accept a proposed substitution, the Contractor must
furnish the product specified in the Technical Specifications or Project Plans for the
Contract Price, regardless of whether the product is specified by inanufacturer"s name,
brand or model number, or otherwise,
b�. During the perfon-nance of the Work, all materials must be neatly stacked,
properly protected from the weather and other adverse impacts, and placed so as to avoid
interference with efficient progress of the Work, with other activities of the City, or with
the use of existing City facilities by the public. Materials may not be stored in a manner
that presents a safety hazard or a nuisance. All materials must be delivered so as to
ensure efficient and uninterrupted progress of the Work. Materials must be stored so as
to cause no obstruction and so as to prevent overloading of any portion of the Work. The
Contractor will be responsible for damage or loss of materials delivered to and/or stored
at the work site due to weather or other causes. The Contractor must promptly remove
from the work site all materials rejected by the City or its representatives as failing to
conform to the requirements of the Contract Documents, whether such non-conforming
materials have been incorporated in the Work or not. If the City or its representatives so
direct, the Contractor must promptly replace and re-execute work performed by the
Contractor and order the replacement and re-execution of work performed by
subcontractors using non-confortning materials with materials that satisfy the
requirements of the Contract Documents without expense to the City. The Contractor
will bear the expense of making good all work destroyed or damaged by such removal.
The Conti-actor will have all of the obligations and the City will have all of the rights and
remedies that are specified in this section concerning any failure by the Contractor to
.replace or re-execute work using non-conforming materials, and/or to make good all
work destroyed or damaged by such removal and/or execution.
c. If any portion of the Work done or material furnished under this Contract
proves defective and not in accordance with the Project Plans or Technical
Specifications, and if the Engineer determines that the imperfection of the same is not of
sufficient magnitude or importance to make the Work dangerous or undesirable, or if the
removal of such work, is impractical or will create conditions which are dangerous or
undesirable, the Engineer may retain such work, instead of requiring the imperfect work
to be removed and reconstructed, and make such deductions therefore in the payments
due or to become due the Contractor as are just and reasonable.
GP-15 of 48
5. Stara e or Disposal of Material Outside the Public Right of Way, if the
Contractor stores or disposes of material outside of the public right of way, and the City
has not made arrangement for storage or disposal of the material, the Contractor shall
.first obtain written authorization from the property owner on whose property the storage
or disposal is to be made and the Contractor shall file with the Engineer the authorization
or a certified copy thereof together with a written release from the property owner
absolving the City from any and all responsibility in connection with the storage or
disposal of material on the property. Contractor must also obtain any necessary permits,
licenses and environmental clearances to store or dispose of material on private property.
Before any material is stored or disposed of on private property, the Contractor shall
,obtain written permission from the Engineer to store or dispose of the material at the
location designated in the authorization. If the Contractor elects to store or dispose of
material subject to this paragraph, the Contractor shall pay those charges that are
provided for in the agreement between the owner and the Contractor,
Where the City has made arrangements with owners of land in the vicinity of a
project for the storage or disposal of materials on a private owner's property, the
arrangements are made solely for the purpose of providing all Bidders an equal
opportunity to store or dispose of the materials on the Property, Bidders or Contractors
may, upon written request, inspect the documents evidencing the arrangements between
property owners and the City. The Contractor may, if the Contractor so elects, exercise
any rights that have been obtained. If the Contractor elects to store or dispose of
materials on private property subject to this paragraph, the use of the private property
shall be subject to the terms, conditions, and limitations of the arrangement made
between the property owner and the City and the Contractor shall pay those charges that
are provided for in the arrangement made by the City with the property owner, and
deductions will be made frorn any moneys due or that may become due the Contractor
tinder the Contract sufficient to cover the charges for the material stored or disposed of.
When material is stored or disposed of as provided in this section, and the storage
or disposal location is visible fi-orn public view, the Contractor shall store or dispose of
the material in. a neat and uniform manner to the satisfaction of the Engineer. Material
storage as used in this section also includes vehicle parking.
6. Construction and Demolition Waste Management Plan (WMP). The City
is mandated by the State of California to divert 50% of all solid waste from landfills
either by reusing or recycling. To help meet this goal, a City ordinance requires
completion of a solid waste management plan (WMP) for covered building and public
works projects, The WMP shall identify how at least 50% on non-Inert project waste
materials and 100% inert materials (501100) will be diverted from the landfill through
recycling, reuse and/or salvage. The Contractor shall submit and implement an approved
WMP as indicated in the Special Provisions.
GP-16 of 48
SECTION V11
LEGAL RELATIONS AND RESPONSIBILITY
I Laws to be Observed, The Contractor shall stay fully infori-ned of all
existing and feature State and National Laws, including all provisions of Section 1.776 of
the Labor Code, and Municipal Ordinances and Regulations which in any manner affect
those engaged or employed in the Work, or the materials used in the Work, or which in
any way affect the conduct of the Work, and of all such orders and decrees of bodies or
tribunals having any jurisdiction or authority over the same. He shall at all times observe
and comply with all such existing and future laws, ordinances, regulations, orders and
decrees. In addition, the Contractor shall meet all standards of the State and Federal
Govermnent for air, water and noise pollution. The Contractor shall inform the City of
the location of the records enumerated under Section 1776(a) of the Labor Code,
including the street address, city and county, and shall within five working days, provide
a notice of a change of location and address.
If there is any conflict between these specification and provisions and any laws or
regulations, the matter shall be brought to the attention of the Engineer immediately. All
necessary permits or approvals from any involved agency shall be obtained by the
Contractor before any work is started.
2. Trench Safety and Differing Subsurface Conditions.
a. Excavation More Than Four Feet Deep,. In accordance with California
Public Contract Code Section 7104, if work involves excavation more than four feet
deep, the Contractor must promptly notify the City in writing before any of the following
are disturbed: any material that the Contractor believes may be material that is hazardous
waste, as defined in Section 25117 of the Health and Safety Code, that is required to be
removed to a Class 1, Class 11, or Class III disposal site in accordance with provisions of
existing law; any subsurface or latent physical conditions at the work site different from
those indicated; or any unknown physical conditions at the work site of any unusual
nature, different materially frorn those ordinarily encountered and generally recognized
as inherent in work of the character provided for in the Contract Documents, The City
will promptly investigate any such conditions for which notice is given. If the City finds
that the conditions do materially differ, or do involve hazardous waste, and cause a
decrease, or increase in the cost or time of performance of the Work, the City will issue a
change order pursuant to Section I4'-4, "City Directed Change Orders" of these General
Provisions If a dispute arises between the City and the Contractor concerning whether
the conditions materially differ, or involve hazardous waste, or cause a decrease or
increase in the cost or time of perfortriance, the Contractor shall not be excused from any
completion date provided in the Contract Documents, but shall proceed with all work to
be performed under the Contract Documents. The Contractor shall retain any and all
rights provided either by contract or by law pertaining to the resolution of disputes and
protests between the contracting parties.
b. Excavation of Five Feet or More. In accordance with California Labor Code
Section 67(15, if this contract exceeds $25,000 In cost and involves excavation five or
GP-17 of 48
more feet deep must submit for the City's acceptance, prior to excavation, a detailed plan
showing the design of shoring, bracing, sloping, or other provisions to be made for
worker protection from the hazard of caving ground during the excavation of such trench
or trenches. No trench safety plan shall be less effective than that required by the
Construction Safety Orders and other mandates of the Division of Occupational Safety
and Health. If the plan varies from the shoring system standards established by the
Construction Safety Orders and other applicable mandates, it must be prepared by a
licensed civil or structural engineer. Acceptance by the City of the detailed trench safety
plans submitted is only an acknowledgement of the submission and does not constitute
review or approval of the designs, design assumptions, criteria, completeness,
applicability to areas of intended use, or implementation of the trench safety plans, which
are solely the responsibility of the Contractor and the Contractor's Licensed Engineer.
3. Hours of Labor. The Contractor shall forfeit, as penalty to the City of South.
San Francisco, fifty dollars ($50) for each worker employed in the execution of the contract
by the Contractor or by any subcontractor under the Contractor for each calendar day during
which any worker is required or permitted to labor more than eight (8) hours in violation of
the provisions of the Labor Code and in particular, Section 1810 to Section 1816 thereof,
inclusive.
4. Review of Per Diem Rates, Reference is hereby made to the prevailing rate
of per them wages adopted by the City Council of the City of South Sall Francisco in
accordance with Labor Code Section 1770 et seq., copies of which are on file in the office of
the City Clerk and the Office of the Engineer, City Hall, South San Francisco, California,
and available for inspection by interested parties. If a petition is filed in accordance with
Labor Code Section 1773,4 calling for a review of the rates as so established, the closing
rate for the submission of bids or the start of work, whichever is applicable shall be extended
as in such section provided, and the determination made by the Director of Industrial
Relations shall be deemed included in the contract for this Work.
5, P. I. ailing Wage. The wages to be paid for a day's work to all classes of
laborers, workmen, or mechanics on the work contemplated by this contract, shall be not
less than the prevailing rate for a day's work in the same trade or occupation in the
locality within the state where the work hereby contemplates to be performed as
determined by the Director of Industrial Relations pursuant to the Director's authority
under Labor Code Section 1770 et seq. Each laborer, worker or mechanic employed by a
Contractor or by any subcontractor shall receive the wages herein provided for, The
Contractor shall pay fifty dollars ($50) per day penalty for each worker paid less than
prevailing rate of per them wages. The difference between the prevailing rate of per them
wages and the wage paid to each worker shall be paid by the Contractor to each worker,
The City will not recognize any claim for additional compensation because of the
payment by the Contractor for any wage rate in excess of prevailing wage rate set forth in
the contract. The possibility of wage increases is one of the elements to be considered by
the Contractor in determining the Contractor's bid, and will not, under any circumstances
be considered as the basis of a claim against the City on the contract.
GP-18 of 48
NOTE: An error on the part of an awarding body does not relieve the Contractor from
responsibility for payment of the prevailing rate of per them wages and penalties pursuant
to Labor Code Sections 1770-1775.
a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the
schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section
17732, the Contractor shall post at appropriate conspicuous points at the site of the
project a schedule showing all determined prevailing wage rates for the various classes of
laborers and mechanics to be engaged in work on the project under this contract and all
deductions, if any, required by law to be made from unpaid wages actually earned by the
laborers and mechanics so, engaged.
b. Payroll Records. The Contractor and subcontractor's attention is directed to
the provisions of Section 1776, of the California Labor Code and to the requirements
therein pertaining to the keeping, availability, and filing of accurate payroll records
of all journeymen, apprentices, and other workers performing work under this
Contract, The Contractor agrees to comply with the requirements of said section.
Prior to each monthly progress payment, the Contractor shall deliver to the Engineer
copies of certified payrolls of its and all subcontractors' forces performing work at
the job site (or sites established primarily for the work) for labor compliance
purposes and extra/force account considerations. Such records shall be kept current
on an effective day or period basis and in a form acceptable to the Engineer. At a
minimum, the form shall include the following information:
1, Employee identification by name
2. Employee's address and social security number
I Employee's craft and classification (iii accordance with Director of Industrial
Relations' wage determinations)
4, Employee's actual per diem wages, (in compliance with Part 1, Notice to
Contractors, and this Section,GC-20,Laws and Regulations)
5. Employee's subsistence and travel allowance(as applicable)
16. Employee's straight time and overtime hours worked each day and week
7. Iternized deductions made Strom employee's wages
8. Apprentices and ratio of apprentices to journeymen
9. Contractor's or subcontractor's firm or company name, date or period for
which applicable wage rates and allowances are effective, and the
employer's signature.
GP-19 of 48
The certified payroll records shall be kept on foznis provided by the Division of
Labor Standards Enforcement, or shall contain the same information as the forms
provided by the Division in addition to the above-listed information.
For all projects awarded on or after April 1, 20:15, in addition to submitting the
certified payrolls to the Engineer, the Contractor shall furnish the records specified
in California Labor Code section 1776, including but not limited to the certified
payrolls, directly to the Labor Commissioner. The Contractor shall furnish the
records specified in California Labor Code section 1776 to the Labor Commissioner
for all projects, whether such project is a new project awarded on or after, or an
ongoing project awarded prior to, January 1,2016.
Each payroll record shall contain or be verified by a written declaration that is made
under penalty of perjury stating: (1) The information contained in the payroll is true
and correct; and(2)The employer has complied with the requirements of California
Labor Code Sections 1771, 1811, and 1815 for any work performed by its
employees on the Project.
The Contractor ;shall inform the City of the location of the above payroll records,
including the street address, city and county, and shall,within five (5) working days,
provide a notice of change of location and address.
The contractor or subcontractor has 10 days in which to comply subsequent to
receipt of a written notice requesting certified payroll records. In the event that the
contractor or subcontractor fails to comply within the 10-day period, he or she shall,
as a penalty to the District, forfeit one hundred dollars (.$100) for each calendar day,
or portion thereof, for each worker, until strict compliance is effectuated. Upon the
request of the Division of Labor Standards Enforcement, these penalties shall be
withheld from progress payments then due. The Contractor is not subject to a
penalty assessment pursuant to this section due to the failure of a subcontractor to
comply with this section.
Any copy of records made available for inspection as copies and furnished upon
request to the public or any public agency by the District shall be marked or
obliterated in accordance with California Labor Code section 1776.
Compliance with the above provisions of this Part 11, and.California.Labor Code,
Section 1776, shall be the responsibility of the Contractor or subcontractor.
Pursuant to Labor Code Section 1771.4, Contractor is required to post all job site
notices prescribed by law or regulation that include,but are not limited to,payment
of prevailing wages.
6. Registration of Contractors. Before submitting bids, Contractors shall be
licensed in accordance with the provisions of the State Contractors' License Law, Business
and Professions Code 7000 et seq. as amended. Pursuant to California Labor Code section.
17711 by execution below, the Bidder and its Subcontractors certify that they are
registered and qualified to perform public work pursuant to section 1725.5 of the
California.Labor Code subject to limited legal exceptions.
GP-20 of 48
7. Pen-nits and Licenses, The Contractor shall procure all permits and licenses,
pay all charges and fees, and give all notices necessary and incidental to the due and lawful
prosecution of the Work. A City of South San Francisco Business License will be required
before the contract is signed by the City.
8. Patents, The Contractor shall assurne all costs arising from the use of
patented materials, equipment, services, or processes used on or incorporated in the Work,
and agrees to indemnify and save harmless the City of South San Francisco, the City
Council, and the Engineer, and their duly authorized representatives, for all suits at law, or
actions of every nature for, or on account of the use of any patented materials, equipment,
services, or processes.
9. Contractor's Field Office.
a. The Conti-actor and the Contractor's subcontractors, may maintain such
office facilities within.or near the project area as are necessary for the proper conduct of the
Work, The locations for such office facilities shall be as approved by the Engineer. Before
or during this contract, should the Contractor desire a new or different location, he shall
apply to the Engineer for the change of locations and shall only make such change with the
approval of the Engineer. All office facilities used by the Contractor and/or its privities
must conform to all applicable codes, ordinances and regulations. The cost of such facilities
will be paid from and included in the Contract Price.
b, The City and its authorized representatives will at all reasonable times white
such office facilities are located at the work- site (including, at a minimum, all times during
which the Work is performed),have access to any such work site office facilities used by the
Contractor and/or its privities, With respect to the right of access of the City and its
authorized representatives, neither the Contractor nor its privities will have a reasonable
expectation of privacy pursuant to the Fourth Amendment to the United States Constitution
or other applicable law concerning such Work site office facilities used by the Contractor
and/or its privities. Without exception, any and all Project related materials located at such
work site facilities will be deemed at all. times to be City property subject to inspection and
copying by the City and its authorized representatives at all reasonable times while such
facilities are located at the work site (including at a minimum, all times during which the
Work is performed). Any interference by the Contractor or its privities with the City's
rights of access and/or ownership pursuant to this section will constitute a material breach of
the Contract subject to any and all remedies available pursuant to the Contract Documents
and at law and equity,
10. Utilities. The location in public streets of pipes, conduits and other
underground facilities of the public utility companies and of the City may not be indicated
on the plans. Bidders are instructed to apply to companies and City departments concerned.
for any information, which may be needed concerning utilities.
IL Contractor Cooperation & Coordination. The Contractor is advised that
other construction and maintenance work may be perforrned by local utility companies, the
City and/or their contractors in the project area concurrent with work performed under this
contract. The Contractor shall be responsible for contacting the various utility companies to
ascertain the times when such other work will occur and schedule the Contractor's work in
GP-21 of 48
coordination with others such that no delays shall occur in the Contractor's work schedule or
in others who are working in the area. Failure on the Contractor's pail to coordinate with
others in overlapping work areas shall not be the basis for any claims against the City,
additional compensation nor extension of time. In addition, the Contractor shall be solely
responsible for any claims made against the City by others as a result of the Contractor's
lack of coordination. This shall include businesses and homeowner's adjacent to the project
area.
12, Public Convenience. The Contractor shall so conduct the Contractor's
operations as to cause the least possible obstruction and inconvenience to public traffic.
Where work is being done on existing public roads or streets, and no detours are
available, all traffic shall be permitted to pass through the work with as little
inconvenience and delay as possible,
Due to the need to accommodate and minimize inconvenience to the public,
unless expressly specified or approved in writing by the Engineer, no road closures will
be permitted. Public vehicular and pedestrian traffic must be allowed to travel through
the work area with an absolute minimum of interruption or impedance unless otherwise
provided for in. writing by the Engineer. The Contractor must make provisions for the
safe passage of pedestrians around the area of work at all times.
Residents affected by construction must be provided passage and access through
the work area to the maximum extent possible. Where existing driveways occur on the
street, the Contractor must make provisions for the trench crossings at these points, either
by means of backfill or by temporary bridges acceptable to the Engineer, so that the
length of shut-down of any driveway is kept to a minimum, In addition, all driveways
must be accessible at the beginning and end of each work day, and no driveway or
property access may be closed for more than four (4) hours during the work day. Access
to driveways, houses, and buildings along the road or street must be as convenient as
possible and well maintained, and all temporary crossings must be maintained in good
condition, To minimize the need for and complexity of detours, not more than one
crossing or street intersection or road may be closed at any one time without the written
approval of the Engineer.
Except as otherwise provided by the Engineer, the stockpiling or storing of
material in City streets or right of ways shall be prohibited. Where the Contractor has
received Engineer approval, all such materials must be piled or stored in a manner that
will not obstruct sidewalks, driveways, or pedestrian crossings. Gutters and drainage
channels must be kept clear and unobstructed at all times. All such materials shall be
stored and handled in a manner that protects City streets, sidewalks, or other facilities
from damage.
Throughout performance of the Work, the Contractor must construct and
adequately maintain suitable and safe crossings over trenches and such detours as are
necessary to care for the public and private traffic at all times including Saturdays,
Sundays, and holidays.
GP-22 of 48
Water shall be applied as directed the Engineer for the prevention of dust
nuisance in connection with public convenience. No additional payment will be made for
applying water for the prevention of dust,
The Contractor shall be responsible for keeping all emergency services, including
the South San Francisco police and fire departments informed of obstructions to, or
detours around any public or private roads caused by reasons of the Contractor's
operations,
The Contractor must comply with the State of California, Department of
Transportation Manual of warning signs, lights, and devices for use and performance of
work within the job site.
No work shall begin before 7:00 a.m, nor continue after 5:00 p.m. Monday
through Friday, nor shall any work be done on weekends or holidays observed by the
City of South San Francisco unless approved in advance by the Engineer.
The fact that rain or other causes, either within or beyond the control of the
Conti-actor, may force suspension or delay of the Work, shall in no way relieve the
Contractor of Contractor's responsibility of maintaining traffic through the Project and
providing local access as specified in this section. The Contractor must, at all times, keep
on the job such materials, force, and equipment as may be necessary to keep roads, streets
and driveways within the Project open to traffic and in good repair and shall expedite the
passage of such traffic, using such force and equipment as may be necessary.
Full compensation for furnishing all labor, materials, tools and equipment and
doing all the work involved in this item of work as above specified, shall be considered
as included in the prices paid for the various contract items of work and no additional
compensation will be made therefore.
13. Public Safetv. The Contractor shall furnish, erect, and maintain such
fences, barriers, lights, signs and watchmen as are necessary to give adequate warning to
the public at all times that the Work is under construction and of any dangerous
conditions to be encountered as a result thereof At any and all points along the Work
where the nature of construction operations in progress and the Contractor's equipment
and machinery in use is of such character as to endanger passing traffic, the Contractor
shall provide such lights and signs and station such guards as may appear necessary to
prevent accidents and avoid damage or injury to passing traffic.
No material or equipment shall be stored where it will interfere with the free and
safe passage of public traffic. At the end of each days work and at other times when
construction operations are suspended for any reason, the Contractor shall remove all
equipment and other obstructions from that portion of the roadway open for use by public
traffic.
Full compensation for furnishing all labor, materials, tools and equipment and
doing all the work involved in this item of work as above specified, shall be considered
as included in the prices paid for the various contract items of work and no additional
compensation will be made therefore. 'Should the Contractor fail to provide public safety
GP-23 of 4 8
as specified, or if-., in the opinion of the Engineer, the warning devices furnished by the
Contractor are not adequate, the City may place any warning lights or barricades or take
any necessary action to protect or warn the public of any dangerous condition connected
with the Contractor's operations and the Contractor will be liable to the City for, and the
City may deduct from amounts due or that may become due the Contractor under the
Contract, all costs incurred including,but not limited to, administrative costs.
Nothing in this section will be construed to impose tort liability on the City or
Engineer.
14. Preservation of Property. Roadside trees and shrubbery that are not to be
removed., and pole lines, fences, signs, survey markers and monuments, buildings and
structures, conduits, pipe lines under or above ground, sewer and water lines, all street
facilities, and any other improvements or facilities within or adjacent to the Work shall be
protected from injury or damage. If such objects are injured or damaged by reason of the
Contractor's operations, they shall be replaced or restored, at the Contractor's expense, to
a condition as good as when the Contractor entered upon the Work, or as good as
required by the specifications accompanying the contract, if any such objects are a part of
the Work being perforrned under the contract.
The Contractor shall examine all bridges, culverts and other structures on or near
the Work, over which he will move the Contractor's materials and equipment, and before
using them, the Contractor shall properly strengthen such structures, where necessary.
The Contractor will be held responsible for any and all injury or damage to such
structures caused by reason of the Contractor's operations,
The fact that any such pipe or other underground facility is not shown upon the
plans shall not relieve the Contractor of the Contractor's responsibility under this article.
It shall be the Contractors' responsibility to ascertain the existence of any underground
improvements or facilities, which may be subject to damage by reason of the Contractor's
operations, and if it is necessary to lower such underground facility or encase it to protect
it from damage, it shall be done at the Contractor's expense.
15. Responsibility for Damage. The City of South San Francisco, the City
Council, or the Engineer shall not be answerable or accountable in any manner, for any
loss or damage that may happen to the Work or any part thereof; or for any of the
materials or other things used or employed in performing the Work; or for injury or
damage to any person or persons, either workmen or the public; or for damage to
adjoining property from any cause whatsoever during the progress of the Work or at any
t1irie before final acceptance.
16. Contractor's Indemnities.
a. The Contractor will take all responsibility for the Work, and will bear all
losses and damages directly or indirectly resulting to the Contractor, any subcontractors
engaged in performance of the Work, the City, its officials, officers, employees, agents,
volunteers and consultants, and to third parties on account of the performance or
character of the Work, unforeseen difficulties, accidents, or occurrences of other causes
predicated on active or passive negligence of the Contractor or of any subcontractor
GP-24 of 48
engaged in performance of the Work. To the fullest extent permitted by law the
Contractor will indemnify, defend and hold harmless the City, its officials, officers,
employees, agents, volunteers and consultants from and against any or all loss, liability,
expense, claims, costs (including costs of defense), suits, and damages of every kind,
nature and description (including, but not limited to, penalties resulting from exposure to
hazards in violation of the California Labor Code) directly or indirectly arising from the
performance of the Work ("Claims").
b. The Contractor will indemnify, defend and hold harmless the City, the
City's officials, officers, employees, volunteers, agents and the Engineer and Architect
for all liability on account of any patent rights, copyrights, trade names or other
intellectual property rights that may apply to the Contractor's performance of the Work.
The Contractor will pay all royalties or other charges as a result of intellectual property
rights that may apply to methods, types of construction, processes, materials, or
equipment used in the performance of the Work, and will furnish written assurance
satisfactory to the City that any such charges have been paid.
C. The Contractor assumes all liability for any accident or accidents resulting
to any person or property as a result of inadequate protective devices for the prevention
of accidents in connection with the performance of the Work. The Contractor will
indemnify, defend, and hold harmless the City and its officials, officers, employees,
agents, volunteers and consultants from such liability.
d. Approval of the Contractor's certificates of insurance and/or endorsements
does not relieve the Contractor of liability under this provision. The Contractor will
defend, with legal counsel reasonably acceptable to the City, any action or actions filed in
connection with any Claims and will pay all related costs and expenses, including
attorney's fees incurred, The Contractor will promptly pay any judgment rendered
against the City, its officials, officers, employees, agents, volunteers or consultants for
any Claims. In the event the City, its officials, officers, employees, agents, volunteers or
consultants is made a. party to any action or proceeding filed or prosecuted against
Contractor for any Claims, Contractor agrees to pay the City, its officials, officers,
employees, agents, volunteers and consultants any and all costs and expenses incurred in
such action or proceeding, including but not limited to, reasonable attorneys' fees,
C. The Contractor will indemnify, hold harmless and defend with legal
counsel reasonably acceptable to the City the City and its officials, officers, employees,
agents and volunteers frorn and against any and all Claims related to damage to surface or
underground facilities caused by the Contractor or any of the Contractor's privitics or
agents.
f, The Contractor will indemnify, hold harmless and defend with legal
counsel reasonably acceptable to the City the City and its officials, officers, employees,
agents and volunteers, from and against any and all Claims, including any fines or other
penalties, related to failure of the Contractor and/or privities or agents of the Contractor
to comply with the requirements of the State of California's National Pollution Discharge
Elimination System General Permit, or to IMPIMCDt the project specific Ston-n Water
Pollution Protection Plan (SWPPP) in accordance with the Technical Specifications. The
City may withhold from amounts due or that may become due the Contractor under this
GP-25 of 48
Contract amounts that equal or are estimated to equal the amount of Claims, including
fines, resulting from failure of the Contractor and/or privities or agents of the Contractor
to comply with the requirements of the General Permit, or to implement the SWPPP in
accordance with the Technical Specifications.
91 In accordance with California Civil Code Section 2782(a), nothing in the
Conti-act will be construed to indemnify the City for its sole negligence, willful
misconduct, or for defects in design furnished by City. In accordance with California
Civil Code Section 2782(b), nothing in the Contract will be construed to impose on the
Contractor or to relieve the City from liability for the City's active negligence, By
execution of the Contract Documents the Contractor acknowledges and agrees that the
Contractor has read and understands the insurance and indermaity requirements of the
Contract Documents, which are material elements of consideration,
IT Contractor's Responsibility for Work. Except as provided above, until the
formal acceptance of"the Work by the City, the Contractor shall have the charge and care
thereof and shall bear the risk of injury or damage to any part thereof by the action of the
elements or from any other cause, whether arising from the execution or from the
non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good
all injuries or damages to any portion of the Work occasioned by any of the above caused
before its completion and acceptance and shall bear the expense thereof, except for such
injuries or damages as are directly and proximately caused by acts of the Federal
Government or the public enemy.
In case of suspension of work from any cause whatever, the Contractor shall be
responsible for the work as above specified and he shall also be responsible for all
materials delivered to the Work including materials for which he has received partial
payment,
18. Portion of the Work, Which May be Placed,in Service. If desired by the City
of South San Francisco, the Work, as completed, may be placed in service. The Contractor
shall give proper access to the Work for this purpose but such use and operations shall not
constitute an acceptance of the Work, and the Contractor shall remain liable for defects due
to faulty construction, material andi'Or workmanship.
M No Personal Liability. Neither the Engineer nor the City Council, nor any
other officer or authorized assistant or agent shall be personally responsible for any liability
arising under the contract,
20. No Abrogation of Codes, Standards, Laws and Ordinances. The Contractor
and all subcontractors engaged in the perforinance of the Work must conform to the
following specific rules and regulations as well as all other laws, ordinances, rules and
regulations that apply to the Work. Nothing in the General Provisions or plans is to be
construed to pennit Work not conforming to these codes:
National Electrical Safety Code,U. S. Department of Commerce
National Board of Fire Underwriters' Regulations
GP-26 of 48
California Building Standards Code as adopted by the City
Manual of Accident prevention in Construction, latest edition, published by
A,G,C, of America
Industrial Accident Commission's Safety Orders, State of California
Regulations of the State Fire Marshall (Title 19, California Code of
Regulations) and Applicable Local Fire Safety Codes
Labor Code of the State of California - Division 2, Dart 7, Public Works and
Public Agencies.
21. Guaranty, Unless specified otherwise, the Contractor guarantees all of the
Work for one year from the date the City accepts the Work. Upon receiving written notice
of a need for repairs which are directly attributable to defective materials or workmanship
the Contractor must rnake good any defects arising or discovered in any pant of the Work by
diligently con nencing the necessary repairs within seven (7) days from the date of notice
from the City. If the Contractor fails to make good any defects in the Work in accordance
with this provision, in addition to any other available remedy under the Contract or at law or
equity, the City may make good or have made good such defects in the Work and deduct the
cost from amounts that may be due or become due the Contractor, and/or call on the
Contractor's maintenance bond for the cost of making good such defects and for the City's
reasonable legal costs, if any, of recovering against the bond. The Contractor will remain
responsible for repairing any Work found to be defective regardless of when such defect is
discovered by the City.
Contractor shall file with City a corporate surety bond in the sum of ten percent
(10%) of the final contract price (including all change orders for extra work securing this
guaranty to City, and said bond shall be filed at the time final acceptance of this Work is
requested, Should Contractor not file said bond as required herein, City may retain the
remaining ten percent (10%) of the contract price as a cash bond for said one (1) year
period. Should Contractor within a reasonable time after demand made fail to make.any and
all such repairs or replacements, City may undertake said repairs and replacements with its
own forces or through contract, and Contractor shall reiniburse City for any and all costs of
said repairs or replacements, even if said cost exceed the principal sum of the corporate
surety bond which is security for the performance of this guaranty, Contractor and the
Contractor's surety may provide the aforegoing guaranty in the original performance bond.
22. General Safety Requirements.
a, In accordance with generally accepted construction practices and
applicable law, the Contractor will be solely and completely responsible for conditions of
the work site, including safety of all persons and property during performance of the
Work. This requirement will apply continuously and not be limited to normal working
hours. For purposes of California Labor Code Section 6400 and related provisions of
lave, the Contractor and the Contractor's pr vities and any other entities engaged in the
performance of the Work will be "employers" responsible for furnishing employment and
a place of employment that is safe and healthful for the employees, if any, of such entities
GI'-27 of 48
engaged in the performance of the Work. Neither the City nor its officials, officers,
employees, agents, volunteers or consultants will be "employers" pursuant to California
Labor Code Section 6400 and related provisions of law with respect to the Contractor, the
Contractor's privities or other entities engaged in the performance of the Work. The
Contractor agrees that neither the City, the Architect, nor the Engineer will be responsible
for having hazards corrected and/or removed at the work site. The Conti-actor agrees that
the City will not be responsible for taking steps to protect the Contra'ctor's employees
from such hazards, or for instructing the Contractor's employees to recognize such
hazards or to avoid the associated dangers. The Contractor agrees with respect to the
Work and the Work site, the Contractor will be responsible for not creating hazards and
for having hazards corrected and/or removed, for taking appropriate, feasible steps to
protect the Contractor's employees from such hazards and that the Contractor has
instructed and/or will instruct its employees to recognize such hazards and how to avoid
the associated dangers.
b. Review and inspection by the City, the Engineer, the Architect or
Engineer, and/or other representatives of the City of the Contractor's performance of the
Work will not constitute review of the adequacy of the Contractor's safety measures in,
on, or near the Work site. Such reviews and inspections do not relieve the Contractor of
any of the Contractor's obligations under the Contract Documents and applicable law to
ensure that the work site is maintained and the Work is performed in a safe manner.
C. The Contractor will. be solely responsible for the implementation and
maintenance of safety programs to ensure that the work site is maintained and the Work
is performed in a safe manner in accordance with the Contract Documents and applicable
law,
d. The Contractor must furnish and place proper guards and systems for the
prevention of accidents, including, but not limited to, those systems required pursuant to
Title 8, Section 1670 and following of the California Code of Regulations concerning
safety belts and nets, The Contractor must provide and maintain any other necessary
systems or devices required to secure safety of life or property at the work site in
accordance with accepted standards of the industry and applicable law. The Contractor
must maintain during all night hours sufficient lights to prevent accident or damage to life
or property.
23. Fair Employment Provision. The Contractor will not willIbIly discriminate
against any employee or applicant for employment because of race, color, religion, ancestry
or national origin. The Contractor will take affirmative action to insure that applicants are
employed, and that employees are treated during employment, without regard to their race,
color, religion, ancestry or national origin.. Such action shall include, but not be limited to,
the following: employment, upgrading, demotion or transfer, recruitment or recruitment
advertising; layoff or termination: rates of pay or other fornis of compensation-, and selection
for training, including apprenticeship, The Contractor agrees to post in conspicuous places,
available to employees and applicants for employment, notices to be provided by the
awarding authority setting forth the provisions of this fair employment practices section.
24. EmployLnent of Apprentices. Attention is directed to the provisions in
Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.8 of the Labor Code
GP-28 of 48
concerning the employment of apprentices by the Contractor or any subcontractor under
the Contractor.
Section 1777.5, as amended, required the Contractor or subcontractor employing
tradesmen in any apprenticeable occupation to apply to the joint apprenticeship
committee nearest the site of the public works project and which administers the
apprenticeship program in that trade for a certificate of approval. The certificate will also
fix the ratio of apprentices to journeymen that will be used in the performance of the
contract. The ratio of apprentices to journeymen in such cases shall not be less than one
to five (1:5) except:
a. When unemployment in the area of coverage by the joint apprenticeship
committee has exceeded an average of fifteen percent (15%) in the ninety (90) days prior
to the request for certificate, or
b. When the number of apprentices in training in the area exceeds a ratio of
one to five (1:5), or
C. When the trade can show that it is replacing at least 1130 of its
membership through apprenticeship training on an annual basis statewide or locally, or
d. When the Contractor provided evidence that he employs registered
apprentices on all of the Contractor's contracts on an annual average of not less than one
apprentice to eight journeymen.
The Contractor is required to make contributions to funds established for the
adi-ninistration of apprenticeship programs if he employs registered apprentices or
journeymen ourneymen in any apprenticeable trade on such contracts and if other Contractors on the
public works site are making such contributions.
The Contractor and any subcontractor under the Contractor shall comply with the
requirements of Sections 1777,5 and 1777.6 in the employment of apprentices.
Information relative to apprenticeship standards, wage schedules, and other
requirements may be obtained from the Director of Industrial Relations, ex-officio the
Administrator of Apprenticeship, San Francisco, California, or from the Division of
Apprenticeship Standards and its branch offices.
GP-29 of 48
SECTION Vill
PROSECUTION AND PROGRESS
I. Subcontracting, No subcontractor will be recognized as such, and all
persons engaged in the Work or construction will be considered as employees of the
Contractor and he will be held responsible for their work, which shall be subject to the
provisions of the contract and specifications. The Contractor shall give the Contractors
personal attention to the fulfillment of the contract and shall keep the Work under the
Contractor's control.
The Contractor shall be responsible for the Contractor's own and subcontractors'
compliance with Section 1777.5 of the Labor Code regarding apprenticeable occupations
as in said section provided. Any Contractor willfully failing to comply with this section
shall be denied the right to bid on a public works contract for a period of six (6) months
from the date the determination is made.
Where a portion of the Work, which has been subcontracted by the Contractor,
has not been prosecuted in a manner satisfactory to the Engineer, the subcontractor shall.
be removed immediately on the requisition of the Engineer and shall not again be
employed on the Work.
2. Assignment, The performance of the contract may not be assigned except
upon the written consent of the City. Consent will not be given to any proposed assignment,
which would relieve the original, Contractor or the Contractor's surety of their
responsibilities under the contract nor will the City consent to any assignment of a part of
the Work under the contract..
3. Time of Completion and Statement of Working lays. The Contractor
shall complete all or any designated portion of the work called for under the contract in
all parts and requirements within the time set forth in the Special. Provisions.
Determination that a day is a non-working day by reason of inclement weather or
conditions resulting immediately therefrom, shall be made by the Engineer.
The Engineer will furnish the Contractor a monthly statement showing the
number of working days charged to the contract for the preceding month, the number of
working days of time extensions being considered or approved, the number of working
days originally specified for the completion of the contract and the number of working
days remaining to complete the contract and the extended date for completion thereof,
except when working days are not being charged in conformance with the provisions in
Section VIII-6, "Temporary Suspension of Work" of these General Provisions.
The Contractor will be allowed 15 days from the issuance of the monthly
statement of working days in which to file a written protest setting forth in what respects
the Contractor differs from the Engineer, otherwise, the decision of the Engineer shall be
deemed to have been accepted by the Contractor as correct.
GPJO of 48
4. Progress of the Work and Time of Completion. The Contractor shall begin
work upon receipt of the Notice to Proceed. However, the Contractor shall begin work no
earlier than the twenty-first (2 1 st) day after the commencement of the advertisement of the
call for bids.
5. Character of Workers, If any subcontractor or person employed by the
Contractor shall fail or refuse to carry out the direction of the Engineer or shall appear to the
Engineer to be incompetent or to act in a disorderly or improper manner, he shall be
discharged immediately on the requisition of the Engineer, and such person shall not again
be employed on the Work.
6. Tern Dorary Suspension of Work. The Engineer shall have the authority to
suspend the Work wholly or in part, for such period as he may seem necessary, due to
unsuitable weather, or to such other conditions as are considered unfavorable prosecution of
the Work, or for such time as he may seem necessary due to the failure on. the part of the
Contractor to carry out orders given, or to perform any provision of the contract. The
Contractor shall immediately comply with the written order of the Engineer to suspend work
wholly or in part. The Work shall be resurned when conditions .are favorable and methods
are corrected, as ordered or approved in writing by the Engineer.
7, No Contractor Dama Les for Avoidable Delays. All delays in the Work that
might have been avoided by the exercise of care, prudence, foresight and diligence of the
Contractor or any privities of the Contractor will be deemed avoidable delays. Delays in the
Work that may be unavoidable but that do not necessarily affect other portions of the Work
or prevent completion of all work within the Time for Completion, including, but not
limited to, reasonable delays in Engineer approval of shop drawings, placement of
construction survey stakes, measurements and inspection, and such interruption as may
occur in prosecution of the Work due to reasonable interference of other contractors of the
City, will be deemed avoidable delays, The Contractor will not be awarded a change in the
Project schedule, the Time for Completion, and/or additional compensation in excess of the
contract price for avoidable delays.
S. Impact of Unavoidable DgIUL All delays in the Work that result from
causes beyond the control of the Contractor and that the Contractor could. not have
avoided through exercise of care, prudence, foresight, and diligence will be deemed
unavoidable delays. Orders issued by the City changing the amount of Work to be done,
the quantity of materials to be furnished, or the manner in which the Work is to be
prosecuted, and unforeseen delays in the prosecution of the Work due to causes beyond
the Contractor's control, such as strikes, lockouts, labor disturbances, fires, epidenlics,
earthquakes, acts of God, neglect by utility owners or other contractors that are not
privities of the Contractor will be deemed unavoidable delays to the extent they actually
delay the Contractor's completion of the Work, The Contractor will be awarded a change
in the Project schedule, the Time for Completion, and/or additional compensation in
excess of the contract price for unavoidable delays to the extent such delays actually
delay the Contractors completion of the Work and/or result in the Contractor incurring
additional costs in excess of the Contract Price,
Delay due to normal, adverse weather conditions will not be deemed unavoidable.
The Contractor should understand that normal adverse weather conditions are to be
GP-31 of 48
expected and plan the Work accordingly, such as by incorporating into the Project
Schedule normal, adverse weather delays as reflected in historical data of the National
Oceanic and Atmospheric Administration of the U.S. Department of Commerce for the
weather station most applicable to the Work site.
9. No Contractor Damages for Contractor Caused Delay. Contractor will not
be entitled to additional compensation for extended field or home office overhead, field
supervision, costs of capital, interest, escalation charges, acceleration costs or other
impacts for any delays to the extent such delays are caused by the failure of the
Contractor or any subcontractor or other entity engaged in performance of the Work to
perform the Work in accordance with the Contract Documents.
10, No Contractor Damages for Delay Not Caused By the City, Dela
Contemplated b
� the Parties,_or other Reasonable Delay. Contractor will not be entitled
to damages for delay to the Work caused by the following, which the City and Contractor
agree will be deemed for purposes of California Public Conti-act Code Section 7102
either not caused by the City, and/or within the contemplation of the City and the
Contractor, and/or reasonable under the circumstances:
Exercise of the City's right to sequence the Work in a manner that would avoid
disruption to the City and other contractors based on: the failure of the Contractor or any
subcontractor or other entity engaged in the perfon-nance of the Work to perform the
Work in accordance with the Conti-act Documents, enforcement by the City or any other
governmental agency of competent Jurisdiction of any government act or regulation, or
enforcement by the City of any provisions of the Contract.
Requests for clarification or information concerning the Contract Documents or
proposed change orders or modifications to the Contract Documents, including extensive
and/or numerous such requests for clarification or information or proposed change orders
or modifications, provided such clarifications or infon-nation or proposed change orders
or modifications are processed by the City or its representatives in a reasonable time in
accordance with the Contract Documents.
IL Delays Caused by the City and/or Its Privitics. Delay caused by the City
and/or other contractors of the City will be deemed unavoidable delays. Either the City
or the Contractor may propose a change in the Time for Completion and/or the Project
Schedule for delays that are purported to be caused by the City and/or its privities and
that are not reasonable under the circumstances involved and/or that are not within the
contemplation of the City and the Contractor. Such proposed changes in the Time for
Completion will constitute a change order proposal. The City and the Contractor may
agree upon pricing for the cost impacts, if any, resulting from such delays. If such,
pricing and/or changes in the Time for Completion and/or the Project Schedule are in
anticipation of impacts that may, but have not yet occurred, the City will be obligated to
pay the Contractor for such anticipated impacts or to award a change in the Time for
Completion and/or the Project Schedule in accordance with the Contract and any
applicable, approved change orders only to the extent the Contractor actually incurs the
anticipated impacts. Notwithstanding anything to the contrary, the City and the
Contractor may agree to a daily rate or cap or Jump sum that will apply to the cost
impacts, if any, resulting from delay purportedly caused by the City and/or its privities
GP-32 of 48
subject to this provision. However, if such daily rate or cap or lump sum is in
anticipation of cost impacts that have not yet occurred, the City will be obligated to pay
such daily rate or cap or lump sum only to the extent the Contractor actually incurs such
cost impacts.
11 Delay Claims. Whenever the Contractor claims a delay for which the
Time for Completion may be extended, the Contractor must request an extension of time
within five (5) days of the start of the delay. The request must be in writing and describe
in.detail the cause for the delay, and, if possible, the foreseeable extent of the delay,
13, Contractor Coordination of the Work. The City reserves the right to do
other work in connection with or in the vicinity of the Project by contract or otherwise,
and Contractor must at all times conduct the Work so as to impose no hardship on the
City, others engaged in the Work or other contractors working at the work site. The
Contractor will adjust, correct and coordinate the Work with the work of others so that no
delays result in the Work or other work at or near the work site.
If any part of the Work depends on proper execution or results upon the Work of
the City or any other contractor, the Contractor will., before proceeding with such Work,
promptly report to the City any apparent discrepancies or defects in such other work.
Failure of the Contractor to promptly report any apparent discrepancy or defect will be
deemed an acceptance of the City's or other contractor's work as fit and proper.
The Contractor will anticipate the relations of the various trades to the progress of
the Work and will ensure that required anchorage or blocking is furnished and set at
proper times. Anchorage and blocking necessary for each trade will be part of the Work
except where stated otherwise.
The Contractor will provide proper facilities at all times for access of the City, the
Engineer, Architect, and other authorized City representatives to conveniently examine
and inspect the Work,
14. Liquidated Darner es. The Contractor shall complete the work called for
under the contract in all parts and requirements within the number of working days
specified.
It is agreed by the parties of the contract that in case all the work called for under
the contract is not completed before or upon the expiration of the time limit as set forth in
the Agreement for Public Improvements, damage will be sustained by the City, and that it
is and will be impracticable to determine the actual damage which the City will sustain in
the event of and by reason of such delay; and it is therefore agreed that the Contractor
will pay to the City the sum prescribed in the Special Provisions per working day for each
and every working day's delay beyond the time prescribed to complete the Work; and the
Contractor agrees to pay such liquidated damages as herein provided, and in case the
same are not paid, agrees that the City may deduct the amount thereof from any money
due or that may become due the Contractor under the contract.
It is further agreed that in. case the work called for under the contract is not
finished and completed in all parts and requirements within the time specified, the City
GP-33 of 48
shall have the right to extend the time for completion or Dot, as may seem best to serve
the interest of the City; and if the City decided to extend the time for completion of the
contract, it shall further have the right to charge to the Contractor, the Contractor's heirs,
assigns, or sureties, and to deduct from the final payment for the Work, all or any part as
it may seem proper, of the actual cost of engineering, inspection, superintendence and
other overhead expenses which are directly chargeable to the contract and which accrue
during the period of such extension, except that the cost of final surveys and preparation
of final estimate shall not be included in such charges,
The Contractor shall not be assessed with liquidated damages nor the cost of
Engineering and inspection during any delay in the completion of the Work caused by
acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine
restrictions, strikes, freight embargoes, and unusually severe weather or delays of
subcontractors due to such causes; provided, that the Contractor shall within ten(10) days
from the beginning of any such delay notify the Engineer in writing of the causes of
delay, who shall ascertain the facts and the extent of delay, and the Engineer's finding of
facts thereon shall be final and conclusive.
If the Contractor is delayed by any act of the Engineer or of the City, not
contemplated by the contract, the time of completion shall be extended proportionately
and the Contractor shall be relieved during the period of such extension of any claim for-
liquidated damages, engineering or inspection charges or other penalties, The Contractor
shall have no claim for any other compensation for any such delay,
15. Suspension of Contract. If at any time in the opinion of the Engineer, the
Contractor has failed to supply an adequate working force, or material of proper quality,
or has failed in any other respect to prosecute the Work with the 'diligence and force
specified and intended in and by the terms of the contract, notice thereof in writing will
be served upon the Contractor, and should he neglect or refuse to provide means for a
satisfactory compliance with the contract, as directed by the Engineer, within the time
specified in such notice, the City in any such case shall have the power to suspend the
operation of the contract. Upon receiving notice of such suspension, the Contractor shall
discontinue said work, or such parts of it as the Engineer may designate. Upon such
suspension, the Contractor's control shall terminate and thereupon the City or its duly
authorized representative may take possession of all or any part of the Contractor's
materials, tools, equipment, and appliances upon the premises, and use the same for the
purpose of completing said contract, and hire such force and buy or rent such additional
machinery, tools, appliances, and equipment, and buy such additional materials and
supplies at the Contractor's expense as may be necessary for the proper conduct of the
Work and for the completion thereof, or may employ other parties to carry the contract to
completion, employ the necessary workmen, substitute other machinery or materials, and
purchase the materials contracted for, in such manner as the Engineer may seem proper;
or the City may annul and cancel the contract and re-let the Work or any part thereof.
Any excess of cost arising therefrom over and above the contract price will be
charged against the Contractor and the Contractor's sureties who will be liable therefore.
In the event of such suspension, all money due the Contractor or retained under the terms
of this contract shall be forfeited to the City; but such forfeiture will not release the
Contractor or the Contractor's sureties from liability or failure to fulfill the contract. The
GP-34 of 48
Contractor and the Contractor's sureties will be credited with the arnount of money so
forfeited toward any excess of cost over and above the contract price, arising from the
suspension of the operations of the contract and the completion of the Work by the City
as above provided, and the Contractor will be so credited with any surplus remaining
after all just claims for such completion have been paid.
In the determination of the question whether there has been any such
noncompliance with the contract as to warrant the suspension or annulment thereof, the
decision of the Engineer shall be binding on all parties to the contract.
16. Communications.
a. All notices, demands, requests, instructions, approvals, proposals, and
claims must be in writing.
b. Any notice to or demand upon the Contractor shall be sufficiently given if
delivered at the office of the Contractor stated on the signature page of the Proposal (of at
such other office as the Contractor may from time to time designate in writing to the
City), or if deposited in the United States mall in a sealed envelope, or delivered with
charges prepaid to any telegraph company for transmission, in each case addressed to
such office.
C. All correspondence to the City, related to this contract, including request
for payment, shall be addressed to the Engineer, City of South San FranciLsco, P.O. Box
711, South San Francisco, California 94083, and any notice to or demand upon the City
shall be sufficiently given if so delivered or if deposited in the United States mail in a
sealed envelope, or to other such representatives of the City to such other address, as the
Agency may subsequently specify in writing to the Contractor for such purpose.
Any such notice shall be deemed to have been given as of the time of actual delivery of
(in the case of mailing) when the same should have been received per receipt, or in the
case of telegrams, at the tirne of actual receipt, as the case may be.
17. Audit and Examination of Records. The City may examine and audit at no
additional cost to the City all books, estimates, records, contracts, documents, bid
documents,bid cost data, subcontract job cost reports and other Project related data of the
Contractor, subcontractors engaged in performance of the Work, and suppliers providing
supplies, equipment and other materials required for the Work, including computations
and projections related to bidding, negotiating, pricing or performing the Work or
Contract modifications and other materials concerning the Work, including, but not
limited to, Contractor daily logs, in order to evaluate the accuracy, completeness, and
currency of cost, pricing, scheduling and any other project related data. The Contractor
will make available all such Project related data at all reasonable times for examination.,
audit, or reproduction at the Contractor's, business office at or near the work site, and at
any other location where such Project related data may be kept until three years after final
payment under the Contract. Pursuant to California Government Code Section 8546.7, if
the amount of public funds to be expended is in excess of$10,000, this Contract will be
subject to the examination and audit of the State Auditor, at the request of the City, or as
GP-35 of 48
Fart of any audit of the City, for a period of three (3) years after final payment under the
Contract.
18. Project Schedule, Within ten (10) working days after the Notice of
Award, the Contractor must deliver to the Engineer a bar chart and critical path method
(CPM) schedule detailing the Contractor's intended schedule of work for the entire
Project. The schedules must be detailed to clearly show the relative sequence of the
items of work, their inter-relationships, start and completion dates, float, the critical path,
and any other item deemed necessary by the Engineer. The schedule must allow for the
completion of the entire Work within the time for completion and also conform to the
City's milestone deadlines.
a. City Review of Schedule. The City may review the Contractor's
submitted schedule and may note any exceptions, The Contractor must correct any
exceptions noted by the City within five (5) working days of being notified of the
exceptions.
K Update of Schedule. After submission of a schedule to which the City has
taken no exceptions, the Contractor must submit an updated schedule on a monthly basis
or as otherwise specified by the City until completion of the Work. The updated schedule
must show the progress of work as of the date specified in the updated schedule and its
relation to milestone dates.
c. Float. The schedule must show early and late completion dates for each
task. The number of days between these dates will be designated as "Float". The Float
will be designated to the Project and will be available to both the City and the Contractor
as needed to complete the Work in accordance with the Contract.
& Failure to Submit Schedule. If the Contractor fails to submit schedules
within the time periods specified in this section, or submits a schedule to which the City
has taken uncorrected exceptions, the City may withhold payments to the Contractor until
such schedules are submitted and/or corrected in accordance with the Contract
Documents.
el Responsibility for Schedule, The Contractor will be solely and
exclusively responsible for creating the schedule and properly updating it, The City may
note exceptions to any schedule submitted by the Contractor, However, the Contractor
will be solely responsible for determining the proper method for addressing such
exceptions and the City's review of the schedule will not create scheduling obligations of
the City.
GP,-36 of 48
SECTION IX
MEASUREMENT AND PAYMENT
I Measurement of_Quantities, All work to be paid for at a contract price per
unit of measurement will be measured by the Engineer in accordance with Section 9-
1.01, "'Measurement of Quantities" of the Standard Specifications, When required by the
Engineer, the operator of each vehicle weighed shall obtain a weight or load slip from the
weigher and deliver said slip to the Engineer at the point of delivery of the material. All
loads in vehicles hauled over streets and highways shall be legal loads and no payment
will be made for the loads in excess of the legal load limits.
Quantities of material wasted or disposed of in a manner not called for under the
contract, or rejected loads of material, including material rejected after it has been placed
by reason of the failure of the Contractor to conform to the provisions of the contract, or
material not unloaded from the transporting vehicle, or material placed outside of the
lines indicated on the plans or established by the Engineer, or material remaining on hand
after completion of the work; will not be paid for and such quantities will be deducted
from the final total quantities. No compensation will be allowed for hauling and
disposing of rejected material.
2. Progress Pa rnts. The City once in each month shall cause an estimate
in writing to be made by the Engineer of the total amount of work done and the
acceptable materials furnished and delivered by the Contractor on the ground and not
used, to the time of such estimate, and the value thereof The City shall retain five
percent (5%) of such estimated value of the work done and fifty percent (50%) of the
value of the materials so estimated to have been furnished and delivered and unused as
aforesaid as part security for the fulfillment of the contract by the Contractor and shall
pay monthly to the Contractor, while carrying on the Work, the balance not retained, as
aforesaid, after deducting therefrom all previous payments and all sums to be kept or
retained 'under the provisions of the contract. No such estimate or payment shall be
required to be made when, in the judgment of the Engineer, the work is not processing in
accordance with the provisions of the contract, or when in the Engineer's judgment the
total value of the work done since the last estimate amounts to less than three hundred
dollars ($300). No such estimate or payment shall be construed to be an acceptance of
any defective work or improper materials.
For any monies earned by the Contractor and withheld by the City to ensure the
performance of the contract, the Contractor may, at Contractor's request and expense,
substitute securities equivalent to the amount withheld in the form and manner and
subject to the conditions provided in Chapter 13 (coininencing with Section 4590),
Division 5, Title I of the Government Code of the State of California.
3. Scope of PaMent, The Contractor shall accept the compensation, as
herein provided, in fall payment for famishing all materials, labor, tools, and equipment
necessary for the completion of the contract; also for loss or damage arising from the
nature of the Work, or from the action of the elements, except as hereinbefore provided,
or from any unforeseen difficulties which may be encountered during the prosecution of
GP-37 of 48
the Work until the final acceptance by the City and for all risks of every description
connected with the prosecution of the Work, also for all expenses iD.Currcd in the
consequence of the suspension or discontinuance of the Work as herein specified; and for
completing the work, according to the plans and specifications. Neither the payment of
any estimate nor of any retained percentage shall relieve the Contractor of any obligation
to make good any defective work or material.
4. "SM Notice Retention. The City may at its option and at any time retain
out of any amounts due the Contractor, sums sufficient to cover claims filed pursuant to
Section 3179 et seq. of the Civil Code.
5. Progress Payment Deductions, The Contractor hereby agrees and
acknowledges that progress payments are subject to deduction for failure to comply with
certain Contract requirements which include but are not limited to traffic control,
cleanliness/daily clean-up, "buttoning-up " open trenches, environmental compliance,
maintaining services, etc. In the event such non-compliance occurs, the City may cure
these deficiencies with its own crews or with other contractors/vendors. The full cost the
City incurs to cure these deficiencies will be deducted from the next progress payment,
"I u]] costs" include all labor, materials, and equipment plus applicable "mark-ups,"
including overhead, should the City perform the work with its own forces. Should the
City elect to have the work performed by a contra ctor/vendor, the "full cost" will include
the invoiced amount plus a 20 % mark-up to cover handling expenses for the City.
6. Acceptance of the Work. When the final inspection is completed and it has
been determined that the Work is done in accordance with the plans and specifications, the
Engineer will accept the Work and 95% of the payment based on the final quantities will be
paid to the contractor, the balance will be paid 30 days after the Notice of Completion has
been filed with the County and upon furnishing of the specified guaranty bond to the City.
7. Final Pavinent. Within thirty (30) days after the completion of the Work
and its acceptance by the City, the Engineer will make a proposed final estimate in
writing of the quantities of work done under the contract and the value of such work and
wi➢ submit such estimate to the Contractor. Within thirty (30) days thereafter the
Contractor shall submit to the Engineer the Contractor's written approval of said
proposed final quantities of a written statement of all claims, which he has for additional
compensation claimed to be due under the contract.
On the Contractor's approval or if he files no claims within said period of thirty
(30) days, the Engineer will issue a final written estimate as submitted to the Contractor
and the City shall pay the entire sum so found to be due after deducting thereftom all
previous payments and all amounts to be kept and all amounts to be due after deducting
therefrom all previous payments and all amounts to be kept and all amounts to be
retained under the provisions of the contract.
If the Contractor within said period of thirty (30) days files claims, the Engineer
will issue as a semi-final estimate the proposed estimate submitted to the Contractor and
the City will within thirty (30) days pay the sum found due thereon after deducting all
prior payments and all amounts to be kept and retained under the provisions of the
contract.
GP-38 of 48
The Engineer shall then consider and investigate the Contractor's claims and shall
make such revision in the said estimate as he may find to be due, and shall then make and
issue the Engineer's final written estimate. The City will pay the amount so found due,
after deducting all previous payments and amounts to be retained under the contract,
I All prior partial estimate and payments shall be subject to correction in the final
estimate and payment. The final estimate shall. be conclusive and binding against both
parties to the contract on all questions relating to the performance of the contract and the
amount of work done thereunder and compensation therefore, except in the case of gross
error.
Payment on the semi-final estimate will be due within thirty (30) days from the
date the same is issued by the Engineer. Payment on the final estimate is due within
thirty(30) days from the date the same is issued.
& Travel and Subsistence Papient. Travel and subsistence payments shall be
made to each worker needed to execute the Work, as such travel and subsistence payments
are defined in the applicable collective bargaining agreement filed in accordance with
Section 1773.8.
9. Notice of Potential Claim, The Contractor shall not be entitled to the
paynient of any additional compensation for any act, or failure to act, by the Engineer,
including failure or refusal to issue a. change order, or for the happening of any event,
thing, occurrence, or other cause, unless the Contractor shall have given the Engineer due
written notice of potential claim as hereinafter,specified,
The written notice of potential claim shall set forth the reasons for which the
Contractor believes additional compensation will or may be due, the nature of the costs
involved, and, insofar as possible, the amount of the potential claim. The notice as above
required must have been given to the Engineer prior to the time that the Contractor shall
have performed the Work giving rise to the potential claim for additional compensation,
if based on an. act or failure to act by the Engineer, or in all other cases within 15 days
after the happening of the event, thing, occurrence, or other cause, giving rise to the
potential claim. City may request additional information from Contractor regarding the
Contractor's claim, which shall be provided, to City within 10 days of the request.
It is the intention of this section that differences between the parties arising under
and by virtue of the contract are brought to the attention of the Engineer at the earliest
possible time in order that such matters may be settled, if possible, or other appropriate
action promptly taken. The Contractor hereby agrees that they shall have no right to
additional compensation for any claim that may be based on any such act, failure to act,
event, thing or occurrence for which no written notice of potential claim as herein
required was filed.
10. Claims,
a. General, A ",Claim" means a written demand or written assertion by Contractor to
adjust, alter, modify, or otherwise change the Contract price or the Contract time, or both.
GP-39 of 48
All claims filed hereunder shall strictly comply with all requirements of the Contract
Documents.
In order to qualify as a Claim, the written demand must state that it is a claim
submitted according to the terms of the Contract Documents. A letter, voucher, invoice,
payment application, or other routine or authorized form of request for payment is not a
Claim under the Contract Documents. If such a request is disputed as to liability or
amount, then the disputed portion of the submission may be converted to a Claim under
the Contract Documents by submitting a separate claim in compliance with claim
submission requirements.
A Claim must be stated with specificity, including identification of the event or
occurrence giving rise to the Claim, the date of the event, and the asserted affect on the
Contract price and the Contract time, if any. The Claim shall include adequate
supporting data. Adequate supporting data for a Claim for an adjustment of the Contract
time shall include scheduling data demonstrating the impact of the event on the
controlling operation and completion of the Project. Adequate supporting data for a
Claim for an adjustment in the Contract price shall include a detailed cost breakdown of
items included within the Claim and documentation supporting each item of cost.
Notwithstanding and pending the resolution of any Claim, the Contractor shall
diligently prosecute the disputed work to final completion of the Work. Contractor shall
impose the Claim notice and documentation requirements in this Contract on
Contractor's subcontractors of all tiers, and require their to submit to the Contractor all
Claims against Contractor and/or the City within the times and containing the
documentation required by these provisions. The Claim notice and documentation
procedures described in these provisions applies to all claims and disputes arising under
the Contract Documents, whether or not specifically referred to in any specific portion of
the Contract.
If additional information or details are required by the Engineer to determine the
basis and amount of any Claims, the Contractor shall furnish additional information or
details so that the additional information or details are received by the Engineer no later
than the fifteenth calendar day after receipt of the written request form the Engineer. If
the fifteenth day falls on a Saturday, Sunday, or legal holiday, then receipt of the
information or details by the Engineer shall not be later than close of business of the next
business day. Contractor understands and agrees that failure to submit the inforimation
and details to the Engineer within the time specified shall result in Contractor waiving
that Claim.
The Contractor and all subcontractors shall keep full and complete records of the
costs and additional time incurred for any work for which a. Claim for additional
compensation is made. The Engineer or any designated claim investigator or auditor
shall have access to those records and any other records as may be required b the
Engineer or designated claiin investigator- to determine the facts or contentions involved
in the claim(s). Contractor agrees that failure to permit access to those records waives
Contractor's Claims.
GP-40 of 48
The City of South 'San Francisco, or its authorized representatives, shall have
access, upon reasonable notice, during normal business hours, to Contractor's and
subcontractors' boobs, documents and accounting records, including, but not limited to,
bid worksheets, bids, subcontractor bids and proposals, estimates, cost accounting data,
accounting records, payroll records, time sheets, canceled checks, profit and loss
statements, balance sheets, project correspondence including but not limited to all
correspondence between Contractor and its sureties and subcontractors/vendors, project
files, scheduling information, and other records of the Contractor and all subcontractors
directly or indirectly pertinent to the work, original as well as change and claimed extra
work, to verify and evaluate the accuracy of cost and pricing data submitted with any
change order, prospective or completed, or any claim for which additional compensation
has been requested or claim has been tendered. Such access shall include the right to
examine and audit such records, and make excerpts, transcriptions and photocopies of the
City's cost.
The parties agree that in the event Contractor or any subcontractor fails to comply
with this section., it would be difficult for the City to determine its actual damages,
therefore, Contractor agrees to pay the City, as liquidated damages, the sum of One
Thousand Dollars ($1000.00), which Contractor agrees is reasonable under the
circumstances, for each and every working day which Contractor or subcontractor fails or
refuses to provide the City access to the materials specified in this section,
b. Disputes.
(l) Contract Interpretation Disputes. Should it appear to the
Contractor that the work to be performed or any of the matters relative to the Contract
Documents are not satisfactorily detailed or explained therein, or should any questions
arise as to the meaning or intent of the Contract Documents, the Contractor shall give
written notice to the City. The Contractor shall bear all costs incurred in giving such
notice.
All issues regarding the interpretation of the plans or specifications shall
be referred to the City for interpretation. The City shall have the right but not the
obligation to affirm or disaffirm any interpretation of the plans or specifications, which
affirmance or disaffirinance shall be final. If the Contractor should disagree with the
City's decision, the Contractor's sole and exclusive remedy is to file a Claim in
accordance with these provisions.
( ) Work Disputes. Should any disputes arise under the Contract
Documents respecting the true value of any work performed, the implementation of the
Work required by the Contract Documents, any Work omitted, any extra work which the
Contractor may be required to perforin or time extensions, respecting the size of any
payment to the Contractor during the performance of the Contract Documents, or of
compliance with Contract Document procedures, the dispute shall be decided by the City
and its decisions shall be final and conclusive, if the Contractor disagrees with the City's
decision, the Contractor's sole and exclusive remedy is to file a claim in accordance with
these provisions.
GP-41 of 48
(3) Delays. As used herein, the following terms shall have the
following meanings:
"Excusable Delay" means any delay of the completion of the Project
beyond the expiration of the Contract time caused by conditions beyond the control and
without the fault or negligence of the Contractor such as strikes, embargoes, fire,
unavoidable casualties, unusual delays in transportation, national emergency, and stormy
and inclement weather conditions in which the Work cannot continue. The financial
inability of the Contractor or any subcontractor and default of any subcontractor, without
limitation, shall not be deemed conditions beyond the Contractor's control. An
Excusable Delay may entitle the Contractor to an adjustment in the Contract time.
"Compensable Delay" means any delay of the completion of the Work
beyond the expiration date of the Contract time caused by the gross negligence or willful
acts of the City, and which delay is unreasonable under the circumstances involved, and
not within the contemplation of the parties. A Compensable Delay may entitle the
Contractor to an extension of the Contract time and/or Contract price, Except as
provided herein, the Contractor shall have no claim for damage or compensation for any
delay, interruption, hindrance, or disruption.
"Unexcusable Delay" means any delay of the completion of the Project
beyond the expiration of the Contract time resulting from causes 'other than those listed
above, An Unexcusable Delay shall not entitle the Contractor to an extension of the
Contract time or an adjustment of the Contract price,
The Contractor may make a claim for an extension of the Contract time, for an
Excusable Delay or a Compensable Delay, subject to the following:
(i) If an Excusable Delay and a Compensable Delay Occur
concurrently, the maximum. extension of the Contract time shall be the number of
days from the commencement of the first delay to the cessation of the delay which
ends last.
(ii) If an Unexcusable Delay occurs concurrently with either an
Excusable Delay or a Compensable Delay, the maximum extension of the
Contract tinie shall be the number of days, if any, by which the Excusable Delay
or the COompensable Delay exceeds the Unexcusable Delay,
(in) If an Unexcusable Delay occurs concurrently with,both an
Excusable Delay and a Compensable Delay, the maximum extension in the
Contract time shall be the number of days, if any, by which the number of days
determined pursuant to Subparagraph (ii) exceeds the number of days of the
Unexcusable delay.
(iv) For a Compensable Delay, the Contractor shall only be entitled to
an adjustment in the Contract price in an amount equal to the actual additional
labor costs, material costs, and unavoidable equipment costs incurred by the
Contractor as a result of the Compensable Delay, plus the actual additional wages
or salaries and fringe benefits and payroll taxes of supervisory and administrative
GP-42 of 48
personnel necessary and directly employed at the Project site for the supervision
of the Work during the period of Compensable Delay. Except as provided herein,
the Contractor shall have no claim for damage or compensation for any delay,
interruption, hindrance, or disruption. There shall be no Compensable Delay
unless the event or occurrence giving rise to the Compensable Delay extends the
actual completion of the Project past the Contract time,
The parties agree that the City's exercise of its right to order changes in
the Work,regardless of the extent and number of changes, or to suspend the work,
is within the contemplation of the parties and shall not be the basis for any Claim
or Conipensable Delay.
C. Claim Procedures. Should any clarification, determination, action or
inaction by the City, or any event, in the opinion of the Contractor, exceed the
requirements of or not comply with the Contract Documents, or otherwise result in the
Contractor seeking additional compensation in time or money for any reason,
(collectively "Disputed Work"), then the Contractor and the City shall make good faith
attempts to resolve informally any and all such issues and/or disputes. The Contractor
must file a written Notice of Potential Claim with the City before commencing the
Disputed Work, or within seven (7) calendar days after Contractor's first knowledge of
the Disputed Work, whichever is earlier, stating clearly and in detail its objection and
reasons for contending the Work or interpretation is outside the requirements of the
Conti-act Documents. If a written Notice of Potential Claim is not filed within this
period, or if the Contractor proceeds with the Disputed Work without first having filed
the notice required by these provisions, the Contractor shall waive any rights to further
claim on the specific issue,
The City will review the Contractor's timely notice of potential claim and provide
a decision. The City may require supplemental information from the Contractor to clarify
that contained in the Notice of Potential Claim. If, after receiving the City's decision, the
Contractor disagrees with the decision, the Contractor shall so notify the City, in writing,
within seven (7) calendar days after receiving the decision, that a formal Claim will be
filed, The Contractor shall submit the Claim in the form specified herein and all
arguments, justification, costs or estimates, schedule analyses, and detailed
documentation supporting the Contractor's position within thirty (30) calendar days after
receiving the City's decision on the notice of potential claim. The Contractor's failure to
furnish notification within seven (7) calendar days and all justifying documentation
within thirty (30) calendar days will result in the Contractor waiving all rights to the
subject Claim.
If Disputed Work persists longer than thirty (30) calendar days after receiving the
City's decision on the Notice of Potential Claim, then the Contractor shall, every thirty
(30) calendar days until the Disputed Work ceases, submit to the City a document titled
"Claim Update" which shall update and quantify all elements of the Claim as completely
as possible. The Contractor's failure to submit a Claim Update or to quantify all costs
and impacts every thirty (30) days shall result in a waiver of that portion of the Claim for
that thirty (30) calendar day period. Claims or Claim Updates stating that damages will
be determined at a later date shall not comply with the requirements of these provisions
and shall result in the Contractor waiving such Claims) and/or Claim Updates.
GP-43 of 48
All claims must be submitted to Engineer before the issuance of the final estimate.
Contractor hereby expressly waives all Claims not submitted, in complete and proper
form, on or before the date of issuance of the final estimate.
Upon receipt of the Contractor's formal Claim including all arguments,
justification, costs or estimates, schedule analyses, and documentation supporting the
Contractor's position as previously stipulated, the City or its designate will review the
Claim and render a final determination according to the processing and review
procedures listed in Section IX-12, "Claims Processing and Review"' of these General
Provisions.
No costs arising out of or in connection with the performance of Claims of any
nature, other than those specifically listed herein may be recovered by the Contractor.
Except where provided by law, or elsewhere in these Contract Documents (if applicable),
the City shall not be liable for special or consequential damages, and Claims shall not
include special or consequential damages,
d, Claim Format, The Contractor shall submit the Claim justification in the
following format:
(1) Cover letter and certification of the accuracy of the contents of the
Claim;
(2) Sumi-nary of Claim including underlying facts, entitlement,
quantum calculations, and Contract Document provision supporting relief,
(3) List of documents relating to the Claim, including plans,
if
spec ications, clarifications/requests for information, schedules and others,-
(4) Chronology of events and correspondence;
(5) Analysis of Claim merit;
(6) Analysis of Claim costs;
(7) Attached supporting documents referenced in item (3) above.
C. Exclusive Remedy, The Conti-actor's performance of its duties and
obligations specified in these provisions and submission of a. Claim as provided in these
provisions is the Contractor's sole and exclusive remedy for the payment of money,
extension of time, adjustment or interpretation of Contract Documents' term,,, or other
contractual or tort relief arising from the Contract Documents, This exclusive remedy
and the limitation of liability (expressed herein and elsewhere throughout the Contract
Documents) apply notwithstanding the completion, ten-nination, suspension, cancellation,
breach or rescission of the Work or the Contract Documents, negligence or strict liability
by the City, its representatives, consultants or agents, or the transfer of the Work or the
Project to the City for any reason whatsoever. The Contractor waives all claims of
waiver, estoppel, release, bar, or any other type of excuse for non-compliance with the
Claim submission requirements. Compliance with the notice and Claim submission
GP-44 of 48
procedures described in these provisions is a condition precedent to the right to
commence litigation, file a, Government Code Claim, or continence any other legal
action. No Claim or issues not raised in a timely protest and timely Claim. submitted
under these provisions may be asserted in any Government Code Claim, subsequent
litigation, or legal action. The City shall not have deemed to waive any provision under
this section, if at the City's sole discretion, a Claim is accepted in a manner not in accord
with this section.
f. Mediation. All Claims not subject to the Claim resolution procedures set
forth in these provisions shall, as a condition precedent to litigation thereon, first be
mediated. Mediation shall be non-binding and utilize the services of a mediator mutually
acceptable to the parties, and, if the parties cannot agree, a mediator selected by the
American Arbitrator Association from its panel of approved mediators trained in
construction industry mediation. All statutes of limitation shall be tolled from the date of
the demand for mediation until a date two weeks following the mediation's conclusion.
All unresolved claims shall be submitted to the same mediator. The cost of mediation
shall be equally shared,
11. False Claims Affidavit, California Penal Code Section 72 provides that
any person, who presents for payment with intent to defraud any City, any false or
fraudulent claim, bill, account, voucher, or writing, is punishable by fines not exceeding
ten thousand dollars ($10,000) and/or imprisonment in the state prison.
,Government Code Sections 12650 ct seq. (California False Claims Act), pertains
to civil penalties that may be recovered from persons (including corporations, etc.) for
presenting a false claim for payment or approval, presents a false record or statement to
get a false claim paid or approved, or other acts, to any official. or employee of any
political subdivision of the State of California, Any person or corporation violating the
provisions of Government Code Section 12650 et seq., shall be liable for three times the
amount of the damages of the political subdivision, plus a civil penalty, plus costs.
Contractor agrees that any costs or expenses incurred by the City in reviewing or auditing
any claims that are not supported by the Contractor's cost accounting or other records, or
the Contract, shall be deemed to be darnages incurred by the City within the meaning of
the California False Claims Act.
All Claims by Contractor shall include the following certification, properly
completed and executed by Contractor or an officer of Contractor:
1, BEING THE _(MUST BE AN
OFFICER) OF (CONTRACTOR), DECLARE UNDER
PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA,
AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY
REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION
AND/OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM
IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED
ACCURATELY REFLECTS T14E CONTRACT ADJUSTMENT FOR WHICH THE
OWNER IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA,
PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE SECTION
12650, ET SEC, , PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND
GP-45 of 48
]UNDERSTAND THAT SUBMISSION OR CERTIFICATION OF A FALSE CLAIM
MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER SEVERE LEGAL
CONSEQUENCES.
SIGNATURE LINES Tf 7LL BE ADDED IIE RE
12. Claims Processing and Review. The review and treatment of Contractor
Claims up to three hundred seventy-five thousand dollars ($375,000) are governed by
California Public Contract Code Sections 20104 et sect,, the relevant positions of which
are summarized below. In addition to these statutory provisions, the City and Contractor
hereby agree by contract to a procedure for the review of claims over three hundred
seventy-five thousand dollars ($375,000). Claims, then, shall be processed and reviewed
as follows:
a. For claims of less than fifty thousand dollars ($50,000). the City will
respond in writing within forty-five (45) days of its receipt of the claim, or may request,
in writing, within thirty (30�) days of its receipt of the claim, submission of additional
documentation supporting the claim or relating to defenses or claims the City may have
against the Contractor.
(1) If such additional documentation is requested by the City, it shall
be provided by the Contractor within twenty (20) days of its receipt of the request from
the City or as otherwise mutually agreed upon by the City and the Contractor.
(2) l',ollowing the Contractor's submission of all requested additional
documentation, the City will respond to the claim within fifteen (15) days or within the
period of time taken by the Contractor In producing the additional documents, whichever
is longer.
b. For claims of over fifty thousand dollars ($50,000) and less than or equal
to three hundred and seventy-five thousand dollars ($375,000), the City will respond in
writing within sixty (60) days of its receipt of the claim, or may request, in writing,
within thirty (30) days of receipt of the Claim, submission of additional documentation
supporting the Claim or relating to defenses or Claims the City may have against the
Contractor.
(1) If such additional documentation is requested by the City, it shall
be provided by the Contractor within thirty (30) days of its receipt of its receipt of the
request or as otherwise mutually agreed upon by the City and the Contractor.
(2) Following the Contractor's submission of all requested additional
documentation, the City will respond to the claim within thirty (30) days, or within the
period of time taken by the Contractor in producing the additional documentation,
whichever is longer.
C. For claims over three hundred and seventy-five thousand dollars
($375,000), the City will respond in writing within one hundred and twenty (120) days of
its receipt of the claim, or may request in writing, within forty-five (45) days of receipt of
GP-46 of 48
the Claim, submission of additional documentation supporting the claim or relating to
defenses or claims the City may have against the Contractor.
(1) If such additional documentation is requested by the City, it shall
be provided by the Contractor within thirty (30) days of its receipt of the request or as
otherwise mutually agreed upon by the City and the Contractor.
(2) Following the Contractor's submission of all requested additional
documentation, the City will respond to the Claim within thirty (30) days, or within the
period of time taken by the Contractor in producing the additional documentation,
whichever is longer.
13, Extra Work. New and unforeseen items of work will be classed as extra
work when they cannot be covered by any of the various items for which there is a bid
price or by combinations of such items.
The Contractor shall do such extra work and famish such materials and
equipment therefore, as may be required in writing by the Engineer, but he shall not do
extra work except upon written order from the Engineer, and in the absence of such
written order he shall not be entitled to payment for such extra work. All bills for extra
work done shall be filed in writing with the Engineer. For such extra work the Contractor
shall receive compensation at the prices previously agreed upon in writing, or upon a
failure to agree upon prices, he shall be paid on force account, as provided in Section IX-
14, "Force Account Work" of these General Provisions.
All extra work shall be adjusted daily upon report sheets furnished to the Engineer
by the Contractor and signed by both parties which daily reports shall thereafter be
considered the true record of extra work done.
14, Force Account Work. Where payment is to be made on a force account
basis, the Contractor shall receive the actual cost of all material, labor and rented
equipment famished by the Contractor as shown by paid vouchers, plus fifteen percent
(15%); provided, however, that the City reserves the right to famish such materials
required as it seems expedient, and the Contractor shall have no claim for profit on the
cost of such materials.
For use of equipment owned by the Contractor he shall be paid the current prices
prevailing in the locality, which shall have been previously determined and agreed upon
in writing by the Contractor, plus fifteen percent (15%a).
When work is performed by force account, in addition to the actual cost of labor,
the City will reimburse the Contractor for compensation insurance payrncnts,
contributions made to the State as required by the provisions of the Unemployment
Reserve Act, Chapter 352, Statutes of 1935, as amended; and for taxes paid to the Federal
Goverranent as required by the Social Securities Act approved August 14, 1935, as
amended. The payment of fifteen percent (15%) in addition to the actual 'cost of all
material, labor, and rented equipment, as herein provided, shall include full allowance to
the Contractor for overhead and profit on the force account work and full compensation
to the Contractor for premiums paid on any other insurance of any nature which the
GP-47 of 48
Contractor may be required to carry or which he may elect to carry; and for additional
premiums paid on faithful performance and payment bonds required by reason of the
increases in the amount of work to be performed over and above that called for in the
original contract.
All force account work shall be adjusted daily upon report sheets, furnished to the
Engineer by the Contractor and signed by both parties, which daily reports shall
thereafter be considered the true record of force account work done.
If force account work is done on the contract the Contractor shall furnish to the
Engineer three (3) copies of a certificate from the insurance company showing the
compensation insurance rates to be charged on the various classes of work to assist in
verification of the Contractor's charges for extra work and force account,
[END OF GENERAL PROVISIONS]
17745233
17745233
GP-48 of 48
GaO '"s
U Q
Staff Report
DATE: November 18, 2015
TO: Mayor, Vice Mayor and Councilmembers
FROM: LaTanya Bellow, Human Resources Director
SUBJECT: RESOLUTION AMENDING THE SALARY SCHEDULE, EFFECTIVE
NOVEMBER 18, 2015, BY ASSIGNING A SALARY RANGE FOR THE
CHILD CARE ASSISTANT SUPERVISOR JOB CLASSIFICATION IN THE
MID-MANAGEMENT BARGAINING UNIT AND CITY CLERK RECORDS
TECHNICIAN JOB CLASSIFICATION IN THE CONFIDENTIAL
BARGAINING UNIT
RECOMMENDATION
It is recommended that the City Council adopt a resolution amending the salary schedule,
effective November 18, 2015, by assigning a salary range for the new job classifications of
Child Care Assistant Supervisor in the Mid-Management bargaining unit and the City
Clerk Records Technician in the Confidential bargaining unit.
BACKGROUND/DISCUSSION
The positions of the Child Care Assistant Supervisor (a.k.a., Assistant Recreation Supervisor) in
the Recreation Department, and the City Clerk Records Technician in the City Clerk's Office
were included and approved in the 2015-2016 Adopted Operating Budget. These positions have
not been filled yet as job descriptions and salary ranges were being developed. Now that this
process is complete, pursuant to Municipal Code 3.04.020, Council must then approve the
revisions to the City's compensation plan. This resolution would approve the salary range for the
new job classifications of Child Care Assistant Supervisor in the Mid-Management unit and City
Clerk Records Technician in the Confidential unit.
The job specifications and salary ranges for these job classifications were studied and
recommended by a compensation consultant as follows:
Job Classification 1 2 3 4 5
CHILD CARE ASSISTANT SUPERVISOR $ 28.55 $ 29.98 $31.48 $33.05 $34.71
Job Classification 1 2 3 4 5
CITY CLERK RECORDS TECHNICIAN $ 27.65 $ 29.03 $ 30.49 $32.01 $ 33.61
Staff Report
Subject: RESOLUTION AMENDING THE SALARY SCHEDULE, EFFECTIVE
NOVEMBER 18, 2015, BY ASSIGNING A SALARY RANGE FOR THE
CHILD CARE ASSISTANT SUPERVISOR JOB CLASSIFICATION IN THE
MID-MANAGEMENT BARGAINING UNIT AND CITY CLERK RECORDS
TECHNICIAN JOB CLASSIFICATION IN THE CONFIDENTIAL
BARGAINING UNIT
Page 2 of 2
FUNDING
Funding for these positions is included in the 2015-2016 Adopted Operating Budget.
CONCLUSION
By approving a resolution revising the Salary Schedule to add the job classifications of Childcare
Assistant Supervisor in the Mid-Management unit and City Clerk Technician in the Confidential
unit, these positions can be filled.
Prepared by: Approved by:
LaTanya Bellow Mike Futrell
Human Resources Director City Manager
Attachments: Resolution
Job Descriptions
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
RESOLUTION AMENDING THE SALARY SCHEDULE,
EFFECTIVE NOVEMBER 18, 2015, BY ASSIGNING A SALARY
RANGE FOR THE CHILD CARE ASSISTANT SUPERVISOR
JOB CLASSIFICATION IN THE MID-MANAGEMENT
BARGAINING UNIT AND CITY CLERK RECORDS
TECHNICIAN JOB CLASSIFICATION IN THE CONFIDENTIAL
BARGAINING UNIT
WHEREAS, the City desires to assign a salary range for the Child Care Assistant
Supervisor job classification in the Mid-Management bargaining unit and the City Clerk Records
Technician job classification in the Confidential bargaining unit; and,
WHEREAS, City staff recommends that the salary ranges for the Child Care Assistant
Supervisor and the City Clerk Records Technician job classifications be:
Job Classification 1 2 3 4 5
CHILD CARE ASSISTANT SUPERVISOR $ 28.55 $ 29.98 $ 31.48 $ 33.05 $ 34.71
Job Classification 1 2 3 4 5
CITY CLERK RECORDS TECHNICIAN $ 27.65 $ 29.03 $ 30.49 $32.01 $33.61
WHEREAS, staff desires approval of the salary ranges for the Child Care Assistant
Supervisor and City Clerk Records Technician job classifications; and,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San
Francisco hereby approves the salary range for the Child Care Assistant Supervisor and the City
Clerk Records Technician job classifications as follows:
Job Classification 1 2 3 4 5
CHILD CARE ASSISTANT SUPERVISOR $ 28.55 $ 29.98 $ 31.48 $ 33.05 $ 34.71
Job Classification 1 2 3 4 5
CITY CLERK RECORDS TECHNICIAN $ 27.65 $ 29.03 $ 30.49 $32.01 $33.61
BE IT FURTHER RESOLVED, by the City Council that the above salary range for the
Child Care Assistant Supervisor and the City Clerk Records Technician job classifications be
effective November 18, 2015, and amending the salary schedule accordingly.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by
the City Council of the City of South San Francisco at a regular meeting held on the 18th day of
November, 2015 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
City of South San Francisco
Human Resources Department
City Clerk Records Technician
Class Description
Definition
Under general supervision, provides responsible, technical, complex, and/or specialized
administrative duties in support of City Clerk functions including records assessment,
preparation of reports, and responding to questions and inquiries from the public, City
departments, and outside agencies; and does related work as required.
Distinguishing Characteristics
This position is distinguished from all other clerical positions in that it is assigned to the Office
of the City Clerk. The position requires specific well-developed records management skills
related to the Office's activities, procedures, specialized rules, regulations and policies, including
assessment, creation and management of various records, including, but not limited to,
agreements, public records, election and conflict of interest filings. The work may include cross-
training with one or more positions in the Office of the City Clerk.
Typical and Important Duties
1. Performs difficult, complex, technical, and/or specialized office support work, which
requires the exercise of independent judgment, the application of technical skills, and the
ability to apply detailed knowledge of the activities and procedures specific to the Office
of the City Clerk.
2. Provides information to City staff, other organizations, and the public, which requires the
use of judgment and the interpretation of policies, rules, and procedures.
3. Uses a variety of specialized automated business applications related to the Office of the
City Clerk including preparing graphic materials, tracking documents and related
information, processing public forms and filings, receiving and processing legal documents
and departmental payroll.
4. Conducts special projects related to the Office of the City Clerk which includes researching
and assembling information from a variety of sources,preparing reports, using spreadsheets
and making arithmetic and statistical calculations.
5. Consults with the City Clerk and other Office personnel in order to ensure complete, up-to-
date and accurate public records.
6. Serves in a relief or cross-trained basis in a variety of departmental assignments.
7. Abstracts information from records for statistical indexing and preparation of summary
reports to the City Clerk and other departments as needed.
8. Prepares detailed and occasionally sensitive reports, forms and specialized documents
related to the Office of the City Clerk.
9. Assists the City Clerk in compiling and tracking records and information.
10. Prepares and updates a variety of periodic and special narrative, accounting, and statistical
reports.
11. Maintains, updates, and distributes materials related to Council procedures and policies.
12. Establishes and maintains office files; researches and compiles information from such files;
purges files as required.
13. Operates standard office equipment, including job-related computer hardware and software
applications, facsimile equipment, and multi-line telephones; may operate two-way radio or
other department-specific equipment.
14. May train others in work procedures.
15. Performs related duties and responsibilities as assigned.
Job-Related Qualifications
Knowledge of
Computer applications related to the work, including word processing, and spreadsheet
applications.
Standard office administrative practices and procedures, including the use of standard office
equipment.
Records management principles and practices.
Business arithmetic and basic statistical techniques.
Principles and practices of technical report and business letter writing.
Principles and practices of customer service.
English usage, spelling,punctuation and grammar.
Techniques for dealing effectively with the public and City staff, in person and over the
telephone.
Ability to:
Learn codes, regulations,policies, and procedures related to the Office of the City Clerk.
Learn computer applications related to the work, including database and special software
related to the public noticing function of the Office of the City Clerk.
Perform technical, specialized, complex, and difficult office administrative work requiring
the use of independent judgment.
Interpret and implement policies, procedures and computer applications related to the Office
of the City Clerk.
Recognize and follow-up inconsistencies in records; analyze data, draw logical conclusions
and submit reports.
Compose reports independently or from brief instructions.
Compile and maintain complex and extensive records.
Review documents for completeness and follow appropriate steps for the retention of
records, files and documents.
Establish, maintain and research departmental files.
Make accurate arithmetic calculations.
Communicate effectively in writing, orally, and with others to assimilate, understand, and
convey information, in a manner consistent with job functions.
Prepare clear, concise, narrative and statistical reports.
Use initiative and independent judgment with established procedural guidelines.
Organize own work, set priorities and meet critical time deadlines.
Establish and maintain cooperative relationships with those contacted in the course of the
work.
Work with sensitive and confidential information.
Recommend process improvement changes to streamline procedures.
Work in a safe manner, following City safety practices and procedures.
Learn and utilize job-related computer applications.
Skill in:
Word processing and working with a variety of computer applications with sufficient speed
and accuracy to perform assigned work.
Entering and retrieving data into standard computer with speed and accuracy sufficient to
perform assigned work.
Managing electronic and hard copy records.
Experience and Training
Any combination of experience and training that would provide the required knowledge, skills,
and abilities would be qualifying. A typical way to obtain the knowledge, skills, and
abilities would be:
Experience: Three years of records management or general clerical records related experience
and experience in dealing with the public. Experience in a City Clerk's Office is preferred.
Training: Equivalent to graduation from high school, including or supplemented by courses in
word processing, computer operation, and office practices. Six months of additional experience
as described above may be substituted for the supplemental training.
Licenses and Certificates
All licenses and certificates must be maintained as a condition of employment.
• Possession of, or ability to obtain, a valid, appropriate California driver's license and
a satisfactory driving record.
Special Requirements
Essential duties require the following physical skills and work environment:
Physical Skills: Able to use standard office equipment, including a computer; mobility to work in
a typical office setting to use standard office equipment; sit, stand, walk, kneel, crouch, stoop,
squat, twist, and maintain sustained posture in a seated position for prolonged periods of time;
vision to read printed materials and a computer screen; hearing and speech to communicate in
person and over the telephone; lift and carry 35 pound boxes, files, and materials.
Work environment: Work in a standard office setting. The position may require extended hours,
off-shifts, or weekends.
Ability to: Travel to different sites and locations.
Approved:
Revised Date: N/A
Former Titles: None
Abolished: N/A
Bargaining Unit: Confidential Unit
ADA Review: 7/2015
DOT: No
Physical: No
Status: Classified/Nonexempt
EEOC Category:
Job Code:
ADA-Documentation of Essential Duties
1. SDE
2. SDE
3. OWNE
4. MWE
5. SDE
6. SDE
7. SDE
8. MWE
9. SDE
10. SDE
11. SDE
12. SDE
13. SDE
14. OANE
15. SDE
City of South San Francisco
Human Resources Department
Childcare Assistant Supervisor
Class Description
Definition
Under the general supervision, assists with professional duties consisting of, but not limited to
planning, developing, coordinating, implementing and evaluating programs in the childcare
program area including licensing, grant funded, special needs, and special events; and does
related work as required.
Distinguishing Characteristics
This position is distinguished from the Recreation Supervisor in that the latter has full
supervisory responsibilities. The Childcare Assistant Supervisor is responsible for assisting with
the supervision of programs and childcare staff in all programs, including full-time and hourly
employees. Incumbents may provide support for inter-divisional programs and functions.
Typical and Important Duties
1. Assists with planning, organizing, developing, scheduling, enforcing rules, and evaluating
child care programs and special events, as well as overseeing day to day operations of
assigned program area.
2. Assists with hiring, training, supervising, scheduling and evaluating part-time and seasonal
personnel; assigns work schedules.
3. Conducts and attends a variety of training seminars, staff meetings, community and
recreation meetings as needed.
4. Maintains inventory of supplies and equipment; distributes supplies and equipment, assists
with ordering supplies and equipment for Childcare and its programs and follows through
on purchases.
5. Assists with public relations duties such as preparing and distributing flyers, press releases,
and brochures.
6. Researches and prepares studies, reports, and memorandum on related subjects.
7. Utilizes computers for word processing, database management, and specialized recreation
software.
8. Assists with the collection and recording of applicable program area revenues.
9. Assists in the preparation and administration of applicable federal, state, and county special
project grants.
10. Assists supervisor with preparing and administering individual program budgets as
appropriate; monitors expenditures and payroll in accordance with established procedures.
11. Serves on internal and external committees and boards as requested.
12. Performs related duties and responsibilities as assigned.
Job-related Qualifications
Knowledge of
Childcare, recreation, licensing application and regulations, cultural and human services, and
social needs of the community.
Theories, techniques, and methods of child development, curriculum design and
implementation, and implementing a variety of recreation, childcare, and human services
programs.
Principles of supervision, training, and staff development.
Pediatric CPR and First Aid.
Principles and practices of childcare and public administration, including budgeting,
purchasing, and personnel management
Reporting and regulations of state, federal and private grant programs
Computer applications related to the work, including word processing, and spreadsheet
applications.
Business arithmetic and basic statistical techniques.
Principles and practices of technical report and business letter writing.
Principles and practices of customer service.
English usage, spelling,punctuation and grammar.
Techniques for dealing effectively with the public and City staff, in person and over the
telephone.
Ability to
Develop and implement childcare and recreation programs to meet the needs of the
community.
Supervise, schedule, train, coach, and evaluate staff.
Assist with the development and administration of program area budget.
Interpret, and explain applicable City, department, and division policies, and procedures.
Effectively maintain the division operations in the supervisor's absence.
Prepare reports, grants, memorandums, staff reports, and other written correspondence.
Use English effectively and communicate in person, over the phone, and in writing.
Organize work, set priorities, meet critical deadlines, and follow-up on assignments with
supervisor.
Make accurate arithmetic calculations.
Communicate effectively in writing, orally, and with others to assimilate, understand, and
convey information, in a manner consistent with job functions.
Represent the City, department, and division effectively in contacts with representatives of
the other agencies and organizations, City departments, and the public.
Use initiative and independent judgment with established procedural guidelines.
Establish and maintain cooperative relationships with those contacted in the course of the
work.
Take a proactive approach to customer service issues.
Work in a safe manner, following City safety practices and procedures and modeling correct
City safety practices and procedures; enforce adherence to safety policies and procedures;
identify, correct, and report unsafe conditions
Skill in:
Using a personal computer and associated applications.
Experience and Training:
Any combination of experience and training that would provide the required knowledge, skills,
and abilities would be qualifying. A typical way to obtain the knowledge, skills, and
abilities would be:
Experience: Two years of progressively more responsible coordinator/director, lead teaching, or
supervisory experience in the delivery of licensed childcare services.
Training: Equivalent to a bachelor's degree from an accredited college or university with major
coursework in child development, recreation, education, or a related field.
Licenses and Certificates
All licenses and certificates must be maintained as a condition of employment.
• Possession of, or ability to obtain, a valid, appropriate California driver's license and
a satisfactory driving record.
Special Requirements
Essential duties require the following physical skills and work environment:
Physical Skills: Able to use standard office equipment, including computer; sit, stand, walk,
kneel, crouch, stoop, squat, twist, and maintain sustained posture in a seated or standing position
for prolonged periods of time, vision to read printed materials and a computer screen; hearing
and speech to communicate in person, over the telephone, and to make public presentations; lift
and carry 35 pound boxes, files, and materials.
Work Environment: Mobility to work in typical office, classroom, and/or field and work setting.
Ability to: Travel to different sites and locations; drive safely to different sites and locations;
maintain a safe driving record; work protracted and irregular hours and evening meetings or off-
shift work for meeting attendance or participation in specific projects or programs; available for
evening and weekend events.
Approved:
Revised Date: N/A
Former Titles: None
Abolished: N/A
Bargaining Unit: Mid-Management
ADA Review: 9/2015
DOT: No
Physical: No
Status: Classified/Nonexempt
EEOC Category:
Job Code:
ADA-Documentation of Essential Duties
1. SDE
2. SDE
3. MWE
4. MWE
5. MAE
6. SAE
7. SDE
8. SDE
9. OAE
10. OAE
11. OAE
12. OAE
Q
b
Statt% Rwort
DATE: November 18, 2015
TO: Mayor, 'Vice Mayor, and Councilmembers
FROM: Alex Greenwood, Director of Economic and Community Development
SUBJECT: RESOLUTION APPROVING A FIRST AMENDMENT TO THE AFFORDABLE
HOUSING AGREEMENT WITH CITY VENTURES FOR THE PROJECT AT 1256
MISSION ROAD
RECOMMENDATION
It is recommended the City Council adopt a resolution approving a First Amendment to the
Affordable Housing Agreement with City Ventures,to permit certain limited transfers of property
prior to the sale of the designated below market units related to financing and lien encumbrances.
BACKGROUND/OVERVIEW
On February 25, 2015, the City Council approved a Tentative Subdivision Map and Affordable Housing
Agreement (AHA) with City Ventures to construct a 36-unit residential development with a mix of
townhomes and single family dwellings at 1256 Mission Road. Pursuant to the AHA, City Ventures will
be providing seven affordable units in the project.
City Ventures is in the process of refinancing a short-term bridge loan into a construction loan. The
construction lender has agreed to provide such financing but is concerned that the AHA limits its ability to
exercise its rights and remedies in the unlikely event City Ventures defaults on its construction loan.
Therefore,to secure its construction loan,City Ventures is requesting Section I I of the AHA be modified
as shown in the attached Exhibit A to clarify that the lender can exercise its rights and remedies in the
event of default by developer.
CONCLUSION
It is recommended the City adopt a resolution authorizing the Manager to execute a first amendment to the
Affordable Housing Agreement with City Ventures amending the Agreement to allow the transfer of
property prior to the sale of below market units in the case of encumbrances with respect to financing,
transfers resulting from lenders' exercise of rights and remedies including foreclosure and the sale of
market rate units.
By: Approved:
Alex Greenwood ike Futrell
Director of Economic and Community Development City Manager
Attachments: Resolution
First Amendment to AHA
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO
STATE OF CALIFORNIA
RESOLUTION APPROVING A FIRST AMENDMENT TO THE
AFFORDABLE HOUSING AGREEMENT WITH CITY VENTURES
FOR THE PROJECT AT 1256 MISSION ROAD
WHEREAS, on February 25, 2015, the City Council approved a Tentative Subdivision
Map and Affordable Housing Agreement with City Ventures to construct a 36,-unit residential
development with a mix of townhomes and single family dwellings at 1256 Mission Road (the
"Property"); and
WHEREAS, as a condition of development of the project, City Ventures must comply
with the City of South San Francisco's housing policies and programs as set forth in the City's
Inclusionary Housing Ordinance first adopted by the City Council on December 12, 2001, as it
applies to the provision of affordable housing; and
WHEREAS, as a condition of developing and constructing thirty-six (36) condominiums
on the Property, City Ventures entered into an Affordable Housing Agreement with the City and
shall designate seven (7) units as Below Market Rate Units and shall make these units available
for sale as Below Market Rate Unit; and
WHEREAS, City Ventures is refinancing a short-term bridge loan into a construction
loan and the construction lender desires to preserve its rights and remedies in the event of default
by developer; and
WHEREAS, the City desires to amend the Affordable Housing Agreement to allow the
transfer of property prior to the sale of below market units in the case of lien encumbrances with
respect to financing, transfers resulting from lenders' exercise of rights and remedies including
foreclosure, and the sale of market rate units,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco hereby approves the first amendment to Affordable Housing Agreernent with City
Ventures, attached hereto as Exhibit A and incorporated herein.
BE IT FURTHER RESOLVED that the City Manager of the City of South San Francisco
is hereby authorized and directed to execute the Amendment on behalf of the City of South San
1
Francisco, subject to approval as to form by the City Attorney, and to take any other action
consistent with the intent of this Resolution.
I hereby eertify that the foregoing Resolution was regularly introduced and adopted by the City
Council of the City of South San Francisco at a special meeting held on the 181h day of
November, 2015 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
2
P3
RECORDING REQUESTED BY:
COMMUNITY DEVELOPMENT DEPARTMENT
CITY OF SOUTH SAN FRANCISCO,
400 GRAND AVENUE
SOUTH SAN FRANCISCO, CA 940801
WHEN RECORDED MAIL TO:
ECONOMIC AND COMMUNITY DEVELOPMENT
CITY OF SOUTH SAN FRANCISCO
400 GRAND AVENUE
SOUTH SAN FRANCISCO, CA 94080
Documentary Transfer Tax$
EXEMPT
County of San Mateo
City of South San Francisco FRI
Right of Way Agent
FIRST AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT
FOR BELOW MARKET RATE PROPERTY
This First Amendment to the Affordable Housing Agreement for Below Market Rate
Property ("Amendment") is entered into as of this _day of ) 2015, by and
between the City of South San Francisco ("City") and South San_Franeisco Inv.,-LLC
("Developer"). City and Developer are hereinafter collectively referred to as the "Parties."
RECITALS
WHEREAS, Chapter 20,380 of the South San Francisco Municipal Code sets forth the
requirements for Inclusionary Housing ("Inclusionary Housing Ordinance"); and
WHEREAS, the Developer is, or will become, the fee simple owner of that certain real
property("Property") located in the City of South San Francisco, State of California.
WHEREAS, the Developer intends to construct thirty-five (35) for-sale housing units on
the Property (the "Project"), which is subject to the requirements of the Inclusionary Housing
Ordinance; and
WHEREAS, on City and Developer entered into that certain Affordable
Housing Agreement("Agreement")whereby Developer made seven(7)units within the Project
available for sale as Below Market Rate Units. A true and correct copy of the Affordable Housing
Agreement and its exhibits is attached as Exhibit A; and
First Amendment to APIA 1
1256 Mission Road
P4
WHEREAS, City and Developer now desire to arnend 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
Developer 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 11. Section I I of the Agreement shall be amended as follows (with additions in
double ankrVine and deletions in strikeflffeugh):
11. Prior to the sale of the Below Market Rate Units to eligible Low- and
Moderate-Income Households, the Developer may not transfer the whole or any part of the
Property, the Project or this Agreement unless (1) such transfer is to a limited liability
company or limited partnership or corporation formed for purposes of carrying out the
Project and which takes title to the Property, (ii) the Developer first notifies the City of the
proposed transfer or assignment and delivers to the City the organizational documents of
the transferee or assignee (the "Transferee"),--and. (iii) the Developer causes the Transferee
to execute an agreement, in form and substance approved in writing by the City, accepting
and assuming (and releasing Developer from) the obligations of the Developer under this
Agreement-, the C-
followip
.g,__Aran.ate_rsshaR-mot be-s =)k t to the for elsewhere hereinowever,_the
sal LQ- _g oing�l imitations and shall constitute
favor ermined transfers 1 an _...lien or eneumbrance m o a t ird art men_
der (for
pur -this Section,_a"Mlaagage
_poses of. ! f DeyeloqL
.,, with res qt! an firin c n
obtained by construction of t Pro'ect
Q any=transfer of. the Prgigga or my Ion tlereof, resulting:from-a-
n y L M_o
a gee
's
exercise of i with in the event su I
.
Mortgagee takes title to thLe Pr
_=Las a result of the exercise of its rights and.remedies,
a-nv sb.seq%ent transfer
that any transfer e
thereof shall take s to this Rent and all Eqbl and
Ltions under this
3)
an sale of for,sale housin units b I�o n M
pr-Wr a
in connection with
the exercise of its rjjb remedies j wQ dXs_1gR
tsand __. ! hih— have not been
_&.dm below Market
Rate Units.
Developer shall reimburse City for all City costs, including but not limited to
reasonable attorneys' fees, incurred in reviewing instruments and other legal documents
proposed to effect a permitted transfer or assignment under this Agreement within ten (10)
days following City's delivery of an invoice detailing such costs.
All other terms, conditions and provisions in the Agreement remain in fall 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.
First Amendment to AFIA 2
1256 Mission Road
P5
[SIGNA TURF.SON THE FOLLOWING PAGE]
IN WITNESS THEREOF, the parties have executed this Amendment as of the date first
written above.
DEVELOPER : CITY:
CITY OF SOUTH SAN FRANCISCO
By: By:
Name Printed:
Its: Mike Futrell
City Manager
APPROVED AS TO FORM:
Jason Rosenberg, City Attorney
SIGNA TURES MUST BE NOTARIZED
First Amendment to AHA 3
1256 Mission Road
P6
EXHIBIT A
Affordable Housing Agreement
2437174.1
S
tIF0 Staff Report
DATE: November 18, 2015
TO: Mayor, Vice Mayor and Councilmembers
FROM: Richard. Lee, Director of Finance (,
SUBJECT: FISCAL YEAR 2014-15 YEAR-END FINANCIAL RESULTS AND BUDGET
CLOSING
RECOMMENDATION
It is recommended that the City Council approve the attached resolution authorizing
various budget actions and allowing staff to close the books on Fiscal Year (FY) 2014-15.
BACKGROUND/DISCUSSION
This report, presented for the City Council's information, is intended to provide an overview of
the year-end. Financial condition of the City of South San Francisco on a budgetary basis for the
fiscal year ended June 30, 2015.
Overall, total General. Fund revenues in FY 2014-15 were $87.3 million, $4.5 million over the
final amended budget, a favorable variance of 5.1%. General Fund Total Expenditures were
$80.4 million, or $3.9 million under budget, a favorable variance of 5.2%, due to savings in
salary and supplies across almost all departments.
Below is an overview of major changes to General Fund revenues at year-end compared to the
final amended budget.
Revenues
l) Secured[Unsecured Property Tax +$228,000
Current year secured and unsecured property tax revenues, one of the City's primary recurring
General Fund revenue sources, totaled $15.8 million in FY 2014-15. Revenues carne in 1.5%, or
$228,000 higher than budget, primarily due to supplemental secured property taxes, which
reflect new properties that were assessed after the close of the property tax roll on a county-wide
basis, and cannot be relied upon for an ongoing revenue stream.
Staff Report
Subject: 2014-15 Year-End Financial Results and Budget Closing
Page 2 of 6
2) Former Redevelopment Agency (RDA) Property Tax Allocation+$338,000
Ongoing property taxes from the RDA dissolution were $338,000 more than the amended
budget. The increase in revenue reflects further paying down of the former RDA obligations,
which increases the share of property taxes for taxing agencies. This number will continue to
increase as RDA obligations continue to wind down.
3) Sales & Use Tax+$316,000
Sales and Use Tax totaled $11.2 million in FY 2014-15, which was $317,000 more than the
adopted budget. Growth reflects robust activity in the retail business, business to business and
food products sectors. Staff meets with the City's Sales Tax consultant, MuniServices, on a
quarterly basis to actively monitor economic trends to more accurately predict future revenues.
4) Transient Occupancy Tax+$1,513,000 1 Commercial Parking Tax +$403,000
Transient Occupancy Tax (TOT)revenues reached $12.9 million in FY 2014-15, which was $1.5
million more than the amended budget, and surpassed the record set in the previous year.
Commercial Parking Tax revenues, which move in parallel trends with TOT revenues, were
nearly $403,000 above the amended budget. South San Francisco's proximity to San Francisco
International Airport (SFO) is a primary driver for the positive variances above. In 2014, SFO
had over 47 million passengers, breaking the record set in the previous year. Every year since
2007, SFO has increased its passenger traffic by an average of 4.4%.
5) Building & Fire Permits+$1,048,000 I Business License$274,000
General Fund permit revenue totaled $4.8 million in FY 2014-15, which was $1.0 million more
than the amended budget. Revenues from business license were $274,000 above budget. The
positive variances are primarily due to the continued growth of new developments, particularly
East of 101. Permit revenues are somewhat unpredictable, as they are susceptible to economic
fluctuation.
6) Fines +$133,000
Revenue from fines totaled $1.2 million in FY 2014-15, $133,000 over what was in the amended
budget. The majority of revenue in this category comes from traffic and court fines.
7) Franchise Fees +496,000
In FY 2014-15, revenues from Franchise Fees totaled $3.7 million, which was $496,000, or
15.3% more than the amended budget, and were fueled by increases in AT&T gross receipts.
Other Funds
In addition to the fiscal year-end review process for the General Fund, staff also reviews the
assets, liabilities, revenues and expenditures of other funds which are used to account for the
resources needed to provide various services to the community.
The City Housing Fund was created when the Redevelopment Agency was closed by the State
and the City Council chose to continue managing affordable housing projects. In FY 2014-15,
this fund received $2.5 million in revenues, which was $1.9 million more than the amended
budget. The positive variance was due to $1.1 million in loan repayments from Mid-Peninsula
Housing for the 636 El Camino Real property and $922,000 in housing bond proceeds from the
Staff Report
Subject: 2014-15 Year-End Financial Results and Budget Closing
Page 3 of 6
Successor Agency for the Brookwood downtown development. The fund had $1.1 million in
expenditures, $182,000 over budget due to expenditures from the Brookwood development,
although it was a net-zero impact to the fund, as the project is funded by housing bond proceeds.
As of the fiscal year ended June 30, 2015, there was $2.1 million in fund balance, $433,000
restricted for the Brookwood development, and the remaining $1.7 million restricted to
affordable housing projects. Any unencumbered funds in excess of$1.0 million as of December
31, 2016 will be returned to the state in accordance with Senate Bill 341.
The Affordable Housing Trust Fund is separate from the City Housing Fund, and is not
part of the Successor Agency. This Fund does not budget for any revenue or expenditures, as
primary revenues are from developer contributions. Staff asks that the City Council amend the
budget in recognition of$31,000 in revenues received from developer contributions and interest
earnings. The cash balance at of the end of FY 2014-15 was $1.6 million, which is restricted to
fund low-income housing.
The Sewer Enterprise Fund provides for operation and maintenance of the Water Quality
Control Plant (WQCP) and provides funding for reinvestment in critical sewer collection
infrastructure and ongoing WQCP operations and improvements. Revenues were $26.2 million,
or $2.0 million less than the budget, due to less than expected CIP reimbursement revenues.
Expenditures totaled $24.9 million, $5.4 million, or 17.9% under budget due to less than
expected CIP spending, which also contributed to the lower revenues above. The Sewer Fund
was able to fund its capital and operating reserves at year end according to its reserve policy
needs. The cash balance of$16.4 million as of the fiscal year ended June 30, 2015, was needed
to meet operational and capital improvement needs during the current three-year rate plan, which
goes through Fiscal Year 2016-17. These reserve balances are consistent with the funds that will
be needed, along with a State Water Resources Control Board Loan, in order to fund the next
phase of Water Quality Control Plant capital costs, and was factored into the current rate setting
process.
The Sewer Capacity Charges Fund does not budget for revenues, due to unpredictable
frequency and magnitude. Staff asks that the City Council amend the budget in recognition of
the $210,000 in sewer capacity charges received in Fiscal Year 2014-15. The FY 2014-15
ending fund balance of$543,000 is restricted to fund sewer capital improvements.
The Parking District Fund received $832,000 in revenue from the collection of parking fees
from City owned parking meters and parking lots. This reflected an increase of$122,000 or 17%
from the amended budget, primarily due to a boost in parking meter usage. Expenditures in FY
2014-15 were $617,000 under budget. Fund balance for the fiscal year ended June 30, 2015 was
$1.6 million, of which $522,000 is reserved for the parking meter upgrade project in FY 2015-
16.
The Storm Water Fund is used to account for resources needed to fund storm drain and storm
infrastructure operations and maintenance and capital replacement, as well as comply with
various federal and state regulations regarding storm water runoff Revenues totaled $1.8
million, which were $5,000 over budget. Revenues included $410,000 from a levy on property
owners, $670,000 from the Gas Tax Fund and a $750,000 from the General Fund. Expenditures
totaled $1.2 million, $672,000 less than the amended budget. This is primarily due salary
Staff Report
Subject: 2014-15 Year-End Financial Results and Budget Closing
Page 4 of 6
savings from ongoing drought conditions that resulted in the redeployment of Public Works staff
to other maintenance areas. Reserves as of the fiscal year ended June 30, 2015, totaled $1.2
million, and are restricted to fund future storm water infrastructure improvements. Service fee
revenues remain capped in this fund without a ballot measure to increase assessed fees.
Every two years, the City has an actuarial valuation prepared for its worker's compensation
program. The updated actuarial valuation noted a significant uptick in liability due to an increase
in the number of worker's compensation claims. In order to ensure that the City maintains an
adequate reserve in the Self Insurance Fund to account for the worker's compensation liability,
staff recommends that the City Council amend the budget to move $1.0 million from the City's
Equipment Replacement Fund to the Self Insurance fund as part of this year end budget closing
Resolution. At the end of the fiscal year ended June 30, 2015, the Equipment Replacement Fund
will have a cash balance of$3.4 million after the $1.0 million transfer, which is adequate to meet
the City's future equipment replacement needs.
The Common Greens Fund consists of four Common Greens Maintenance Districts within the
City. Revenues totaled $1.6 million, which were $230,000 more than the amended budget, due to
unexpected revenues, such as supplemental secured property tax. Expenditures totaled $1.3
million, or $245,000 under budget as a result of salary savings. Fund balance as of the fiscal
year ended June 30, 2015, was $1.8 million, which may be used for future capital or enhanced
maintenance needs in the Common Green areas. The revenue for these Districts come from a
share of the 1%property taxes throughout South San Francisco that would otherwise go to the
General Fund. This is a somewhat unusual situation in California, and reflects the fact that the
Common Greens were in place at the time Proposition 13 froze the relative property tax shares in
place in 1978.
Impact Fee Funds account for developer fees paid for projects within designated areas. The
City's practice is to not budget for these revenues due to their one-time nature, and due to the
fact that funds received will be budgeted in future years for capital improvements. Staff asks
that the Council amend the budget in recognition of impact fees received in FY 2014-15,
including $472,000 for East of 101 Sewer Impact Fees, $1.5 million for East of 101 Traffic
Impact Fees, $228,000 for the Public Safety Impact Fee, $497,000 for the Child Care Impact
Fee, and $354,000 for the Oyster Point Interchange Impact Fee. Including these revenues,
balances are as follows as of the fiscal year ended June 30, 2015:
Fund Ending Balance
East of 101 Sewer Impact Fees (212,996)
East of 101 Traffic Impact Fees 3,352,713
Public Safety Impact Fees 301,143
Child Care Impact Fees 2,466 749
Oyster Point Interchange Impact Fee 1,825
The East of 101 Sewer Impact Fees Fund negative balance as of the fiscal year ended June 30,
2015, is consistent with prior fiscal years, as this fund paid for infrastructure expenses up front.
Revenue is recognized as deposit balances are used to issue permits, and the fund balance will
continue to shift with future permit activity.
Staff Report
Subject: 2014-15 Year-End Financial Results and Budget Closing
Page 5 of 6
At the end of each fiscal year, revenues from Oyster Point Interchange Impact Fees are
transferred to the RDA Successor Agency fund to repay a loan for the Oyster Point Flyover
Hookramps project, thus the low balance at the end of FY 2014-15.
FISCAL IMPACT
Reserves
In FY 2014-15, total General Fund revenues were $87,255,719, while total General Fund
expenditures were $80,357,600, which generated a surplus of $6,898,119. With the City
Council's approval, the City's General Reserves ending balances as of the fiscal year ended June
30, 2015, are as follows:
Surplus from FY2014-15 S 6,898,119
Description General Fund Reserves Infrastructure Reserve Caltrain Reserve Total General Reserves
im
FY 2013-14 Ending Balance $ 15,668,424 $ 11,161,000 S 26,829,424
Phis Unspent Purchase Orders&CIP 639,975
Commitment of Caltrain Funds (5,900,000) 5,900,000
Srnphis needed to frilly fend reserves 752,119
Subtotal,before adding remaining surplus $ 17,060,518 $ 5,261,000 $ 5,900,000 $ 28,221,518
Remaining stuplus 1 6,146,000
Add remaining surplus to Infrastnrcture Reserve 1 1 6,146,000
FY 2014-15 Ending Balance $ 17,060,518 $ 11,407,000 $ 5,900,000 $ 34,367,518
In accordance with the City's Reserves Policy, General Fund reserves were fully funded at
$17.0 million. Staff recommends that $6.1 million in available funds be transferred to the
Infrastructure Reserve, which would provide an available balance of $11.4 million, after
accounting for the $5.9 million committed for the Caltrain Station Project.
While the City's General Reserves are fully funded, the Infrastructure Reserve will only address
a fraction of the City's infrastructure needs. Staff will present recommendations for use of the
Infrastructure Reserves funds to the City Council in a future study session.
CONCLUSION
Taking the actions in the attached budget amendment resolution will allow staff to close the
books on fiscal year 2014-15.
Staff Report
Subject: 2014-15 Year-End Financial Results and Budget Closing
Page 6 of 6
Approved by
Prepared by: ..........4�_ I,-,'-' _ 1
Richard Oe N,� Ake Futr-I
Director of Finance City Manager
Attachments: Resolution Closing FY 2014-15 Books
General Fund, FY 2014-15
City Housing Fund, FY 2014-15
Affordable Housing Trust Fund, FY 2014-15
Sewer Enterprise Fund, FY 2014-15
Sewer Capacity Charges Fund, FY 2014-15
Parking District Fund, FY 2014-15
Storm Water Fund, FY 2014-15
Self Insurance Fund, FY 2014-15
Equipment Replacement Fund, FY 2014-15
Common Greens Funds, FY 2014-15
East of 101 Sewer Impact Fee Fund, FY 2014-15
East of 101 Traffic Impact Fee Fund, FY 2014-15
Public Safety Impact Fee Fund, FY 2014-15
Child Care Impact Fee Fund, FY 2014-15
Oyster Point Interchange Impact Fee Fund, FY 2014-15
FY 2014-15 Year End Presentation
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
A RESOLUTION APPROVING VARIOUS BUDGET ACTIONS
THAT ALLOWS STAFF TO CLOSE THE BOOKS FOR FISCAL
YEAR 2014-15
WHEREAS, staff recommends approving various budget actions as described in
Attachment I, attached hereto , and incorporated into this Resolution by reference; and
WHEREAS, such approval will result in General Fund Reserves of$17.06 million and an
Infrastructure Reserve of$11.41 million as of June 30, 2015.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San
Francisco hereby approves the various budget actions as described in Attachment I, attached
hereto, and incorporated into this Resolution by reference.
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to make any
budget changes consistent with what is presented herein as recommended by the City of South San
Francisco's external auditors for Fiscal Year 2014-15 in order to close the books for Fiscal Year 2014-
15.
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a regular meeting held on the 18th day of
November, 2015 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
2352644.1
Page 1
YEAR END FY 2014-15 ATTACHMENT 1
SUMMARY OF ALL BUDGET AMENDMENT CHANGES
FUND TYPE DESCRIPTION INCREASE/(DECREASE)
AMOUNT
EXCESS GENERAL FUND RESERVE TRANSFERRED TO
GENERAL FUND TRANSFER OUT INFRASTRUCTURE RESERVE (6,134,920)
TRANSFER OF EXCESS GENERAL FUND RESERVE TO
INFRASTRUCTURE RESERVE TRANSFER IN INFRASTRUCTURE RESERVE 6,134,920
BROOKWOOD DEVELOPMENT EXPENDITURES(FUNDED
CITY HOUSING FUND INCREASE BY HOUSING BOND PROCEEDS) 562,979
AFFORDABLE HOUSING
FUND INCREASE INCREASE BUDGETTO RECOGNIZE REVENUE 31,291
E.101 SEWER IMPACT FEE INCREASE INCREASE BUDGETTO RECOGNIZE REVENUE 472,461
E.101TRAFFIC IMPACT FEE INCREASE INCREASE BUDGETTO RECOGNIZE REVENUE 1,462,604
PUBLIC SAFETY IMPACT FEE INCREASE INCREASE BUDGETTO RECOGNIZE REVENUE 228,138
CHILD CARE IMPACT FEE INCREASE INCREASE BUDGETTO RECOGNIZE REVENUE 496,507
OYSTERPOINT
INTERCHANGE IMPACT FEE INCREASE INCREASE BUDGETTO RECOGNIZE REVENUE 353,592
SEWER CAPACITY CHARGES INCREASE INCREASE BUDGETTO RECOGNIZE REVENUE 210,189
EQUIPMENT REPLACEMENT TRANSFER OUT TRANSFER OUTTO SELF INSURANCE FUND 1,000,000
SELF INSURANCE FUND TRANSFER IN TRANSFER IN FROM EQUIPMENT REPLACEMENT FUND 1,000,000
Page 2
FY 2014-15 YEAR END
GENERAL FUND OPERATING SUMMARY
DRAFT
Change from 2014-15 Amended
Amended Actual Favorable/ %
Revenues 2014-15 2014-15 (Unfavorable) Change
Property Taxes 15,580,006 15,808,502 228,496 1.5%
Former RDA Property Tax 4,500,000 4,837,627 337,627 7.5%
ERAF Refund from County 2,433,700 2,433,729 29 0.0%
Sales Tax 10,869,488 11,185,992 316,504 2.9%
Triple Flip 4,114,522 4,098,020 (16,502) (0.4%)
Transient Occupancy Tax 11,434,772 12,947,474 1,512,702 13.2%
Business License 1,083,000 1,357,031 274,031 25.3%
Commercial Parking Tax 2,746,400 3,149,134 402,734 14.7%
Franchise Fees 3,248,000 3,743,656 495,656 15.3%
Building and Fire Permits 3,746,854 4,795,159 1,048,305 28.0%
Motor Veh.License&In-Lieu 5,385,045 5,551,651 166,606 3.1%
Rev.from Other Agencies 2,170,535 1,986,116 (184,419) (8.5%)
Charges for Services 7,181,337 7,330,000 148,663 2.1%
Administrative Charges 1,365,265 1,365,265 - 0.0%
Fines 1,088,500 1,221,413 132,913 12.2%
Interest&Rent 2,931,500 2,865,351 (66,149) (2.3%)
Transfers In&Other 2,920,605 2,579,597 (341,007) (11.7%)
Add Prior Year Committed
Reserves 4,623,197 /A /A
Total Revenues 87,422,726 87,255,719 4,456,190 5.1%
Change from 2014-15 Amended
Amended Actual (Favorable)/ I %
Expenditures 2014-15 2015-16 Unfavorable Change
City Council 221,157 221,157 - 0.0%
City Clerk 426,411 426,410 (1) (0.0%)
City Treasurer 102,577 102,577 - 0.0%
City Attorney 861,748 861,748 - 0.0%
City Manager 1,241,375 1,223,158 (18,218) (1.5%)
Finance 2,009,383 1,982,912 (26,471) (1.3%)
Non-Departmental 1,138,949 1,075,053 (63,896) (5.6%)
Human Resources 1,318,101 1,266,565 (51,536) (3.9%)
Economic&Community Dev 4,798,606 4,246,016 (552,589) (11.5%)
Fire 21,247,988 21,247,987 - 0.0%
Police 23,671,827 23,512,557 (159,269) (0.7%)
Public Works 5,069,990 4,564,493 (505,497) (10.0%)
Library 4,302,686 4,247,645 (55,041) (1.3%)
Parks&Recreation 11,851,926 11,826,409 (25,516) (0.2%)
Transfers Out 6,022,944 3,552,910 (2,470,033) (41.0%)
Total Expenditures 84,285,668 1 80,357,600 1 (3,928,067) (5.27/.)
Net Operating Budget Impact 3,137,058 1 6,898,119 1 8,384,257
CITY HOUSING FUND
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Housing Rental Revenue 157,518 1II 2165,6101II 1108,1109121 68.6%
Investment Income and Loan Interest 37,000 66,328 29,328 79.3%
Equity Sharing 15,000 - (15,000) (100.0%)
Miscellaneous 1,000 500 (500) (50.0%)
Brookwood escrow Account 996,696 996,696 -
Loan Repayments* 490,000 1,247,290 757,290 154.5%
Total Revenues 700,518 2,576,424 1,875,906 267.8%
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Housing Operating Expenses 329,391 170,840 (158,551) -48.1%
636 El Camino Retail Work 549,444 326,703 (222,741) -40.5%
Brookwood Development - 562,979 562,979 -
Total Expenditures 878,835 1,060,522 181,687 20.7%
Surplus/(Deficit) (178,317) 1,515,902
Ending Fund Balance (86,303) 2,142,687
Escrow Account with Fiscal Agent - 433,717
Available Fund Balance (86,303) 1,708,971
*Note- Includes large Loan repayments from Mid-Peninsula Housing
AFFORDABLE HOUSING TRUST FUND
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Developer Contributions 15,500 IIII 15,500 -
Interest and Other Revenues - 15,791 15,791 -
Total Revenues - 31,291 31,291 -
Total Expenditures - - - -
Surplus/(Deficit) - 31,291 31,291 -
Fund Balance* 1,615,649 1,646,941
* Does not include $1,900,000 in property held for redevelopment
SEWER FUND
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SSF Service Charge Revenue 20,263,85�5 19,758,128 (505,727) (2.5%)
Other Agency Share of O&M Expenses 4,561,067 4,296,052 (265,015) (5.8%)
Other Agency CIP Reimbursement 1,767,022 815,863 (951,159) (53.8%)
Other Agency Loan Pymt Reimb 1,245,492 1,048,022 (197,470) (15.9%)
Grants &CIP Contributions from Others 29,620 - (29,620) (100.0%)
Interest/Other Income 245,000 228,385 (16,615) (6.8%)
Transfers In 63,008 16,191 (46,817) (74.3%)
Total Revenues 28,175,063 26,162,641 (2,012,423) (7.1%)
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Operating Expenses 16,704,117 16,370,632 (333,485) (2.0%)
Debt Service 5,711,442 5,633,310 (78,132) (1.4%)
CIP Budgeted Expenditures 7,882,863 2,880,290 (5,002,573) (63.5%)
Transfers Out 1,585 - (1,585) (100.0%)
Total Expenses 30,300,007 24,884,232 (5,415,776) (17.9%)
Surplus/(Deficit) (2,124,944) 1,278,409 3,403,353 (160.2%)
Preliminary cash balance 16,666,692
Adj between Net Income and Cash Bal. (265,858)
Ending Fund Balance 13,263,339 16,400,834
Capital Reserves [1] 31829,000 3,829,000 - 0.0%
Operating Reserves [2] 4,118,823 3,868,007 (250,816) (6.1%)
Active CIP Projects - 5,002,573 5,002,573 97.1%
Accrued Vacation/Sick Leave 201,790 201,790 - 0.0%
All Other Reserves 124,761 124,761 - 0.0%
The Sewer Fund consists of the Water Quality Control Plant Division,the Sewer Maintenance Division, anc
capital project expenses.
[1]The Capital Reserve is based on the State loan requirements and is 0.5%of the each loan amount from
construction;thereafter the reserve must be maintained until the State loans are retired. After the State I
the Capital Reserve will be based on the lesser of: 1) 10%of total principal due on debt, 2) 125%of the av(
service, or 3)The maximum annual debt service.
[2] The Operating Reserve is calculated based on at least 90 days of annualized operations and maintenar
SEWER CAPACITY CHARGES
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Seewer Capacity Charges - 2110,1181111911111 21110,189 -
Interest Revenue - 3,783 3,783 -
Total Revenues - 213,972 213,972 -
Interdepartmental Charges 2,500 2,500 - 0.0%
Transfers Out to Sewer Fund - - - -
Total Expenditures 2,500 2,500 - -
Surplus/(Deficit) (2,500) 211,472 213,972 -
Fund Balance 328,911 542,883
PARKING FUND
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for Services:
Parking Permit Fees 95,000 98,795 3,795 4.0%
Parking Meter Fees 555,000 664,249 109,249 19.7%
Miller Ave Parking Garage 50,000 56,007 6,007 12.0%
Interest/Other Income 10,000 12,652 2,652 26.5%
Total Revenues 710,000 831,703 121,703 17.1%
Payroll 328,995 281,180 (47,816) (14.5%)
Supplies &Services 668,280 98,668 (569,612) (85.2%)
Depreciation 259,087
Interdepartmental Charges 103,726 103,726 - 0.0%
Total Expenditures 1,101,002 742,660 (617,428) (56.1%)
Surplus/(Deficit) (391,002) 89,043 (495,725) 126.8%
Fund Balance 1,293,327 1,640,870
STORM WATER FUND
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Administrative Fines 5,000 2,100 (2,900) -58.0%
Service Charges 405,000 405,537 537 0.1%
Transfer In from Gas Tax/Measure M 670,000 670,000 - 0.0%
Transfer In from General Fund 750,000 750,000 - 0.0%
Interest and Other - 7,392 7,392 -
Total Revenues 1,830,000 1,835,029 5,029 0.3%
Operating Expenses 1,511,255 1,072,243 (439,012) -29.0%
Capital Improvements 401,418 168,311 (233,107) -58.1%
Total Expenditures 1,912,673 1,240,554 (672,119) -35.1%
Surplus/(Deficit) (82,673) 594,475
Adj between Net Income and Cash Bal. 43,319
Fund Balance 442,303 1,162,770
SELF INSURANCE FUND
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ICharges for Services (3,029) (3,029)
Use of Money& Property 75,000 87,826 12,826 17.1%
Other Revenue 3,385,285 4,299,920 914,635 27.0%
Transfers In - 1,000,000 1,000,000 -
Total Revenues 3,460,285 5,384,717 1,924,432 -
Payroll 650,000 1,201,541 551,541 84.9
Supplies &Services 2,685,000 3,883,453 1,198,453 44.6%
Interdepartmental Charges - 213,187 213,187 -
Total Expenditures 3,335,000 5,298,181 1,963,181 58.9%
Surplus/(Deficit) 125,285 86,536 (38,749) (30.9%)
Fund Balance 861,323 821,645
EQUIPMENT REPLACEMENT FUND
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Use of Money& Property 95,000 102,91111611 7,916 8.3%
Lease Financing 631,419 631,419 - 0.0%
Charges to Other Departments 1,046,213 1,046,213 - 0.0%
Donations - - - -
Total Revenues 1,772,632 1,780,548 7,916 0.4%
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Supplies&Services - (418,641) (418,641)
Capital Outlay 1,329,415 718,028 (611,387) (46.0%)
Debt Service on Leases 631,419 607,749 (23,670) (3.7%)
Special Program Expenditure 440,000 23,670 (416,330) (94.6%)
Subtotal 2,400,834 930,806 (1,470,028) (61.25v.)
Transfers Out to GF for MMP 13,000 13,000 - -
Transfers Out to CIP - 8,708 8,708 -
Transfers Out to Self-Insurance - 1,000,000 1,000,000 -
Total Expenditures 2,413,834 1,952,514 (461,320) (19.1%)
Surplus/(Deficit) (641,202) (171,966) 469,236 (73.2%)
Difference between income statement and cash flow (143,046)
Cash Balance 3,098,320 3,424,511
COMMON GREENS FUNDS
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Property Taxes West Park 3 658,957 751,777 92,820 14.1%
Property Taxes Stonegate Ridge 224,239 260,377 36,138 16.1%
Property Taxes Willow Gardens 45,920 80,766 34,846 75.9%
Property Taxes West Park 1 2 411,618 477,868 66,250 16.1%
Total Revenues 1,340,734 1,570,788 230,054 17.2%
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West Park 3 936,823 828,607 (108,215) -11.6%
Stonegate Ridge 172,991 133,652 (39,340) -22.7%
Willow Gardens 55,057 40,965 (14,091) -25.6%
West Park 1&2 419,539 335,762 (83,777) -20.0%
Total Maintenance Expenditures 1,584,410 1,338,987 (245,423) -15.5%
CIP Expenditures 90,000 13,574 50,000 55.6%
Total Expenditures 1,674,410 1,352,561 (195,423) 40.1%
Surplus/(Deficit) (333,676) 218,227
Fund Balance 1,249,784 1,800,416
E. OF 101 SEWER IMPACT FEES FUND
mll i
uilll�ou u����� uouluili°''� III�IIII ICI VIII IIIIII� ��� ��� i( �� uidou III I III III I II ����� ������ H'I
uuu uiH'i ou iui ui�®��..
USE OF MONEY& PROPERTY $ 1211,8371III 0.0%
East of 101 Sewer Impact Fees 459,624 459,624 0.0%
Total Revenues - 472,461 472,461
Indepartmental Charges 2,500 2,500 (0) (0.0%)
Transfer to General Fund - 0.0%
Transfer to Sewer Enterprise Fund 63,008 16,191 (46,817) (74.3%)
Total Expenditures 65,508 18,691 (46,817) (71.5%)
Surplus/(Deficit) (65,508) 453,770
Fund Balance (685,325) (212,996)
E. OF 101 TRAFFIC IMPACT FEES
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lilll�ol��� Illluili°''� III�IIIL ICI VIII IIIIII I(I � III I III VI I II ��� ������ I
uuu ui�i lu iui ui® ..
(East of 11101 Traffic Impact Fees 1,411,851 4111,851
USE OF MONEY& PROPERTY 50,753 50,753 -
Total Revenues - 1,462,604 1,462,604 -
Interdepartmental Charges - 2,500 2,500 -
Transfer to Capital Improvement 4,819,889 2,311,180 (2,508,709) (52.0%)
Total Expenditures 4,819,889 2,313,680 (2,506,209) (52.0%)
Surplus/(Deficit) (4,819,889) (851,076)
Change in Committed Reserves 2,210,639
Fund Balance (2,826,739) 3,352,713
PUBLIC SAFETY IMPACT FEE
u� uuuu uu uuuu uuuu u� i
Public Safety Impact Fee 2126,7461 226,746 lllll
USE OF MONEY& PROPERTY 1,392 1,392 -
Total Revenues - 228,138 228,138
Interdepartmental Charges - -
Transfer to Capital Improvement - -
Total Expenditures - - - -
Surplus/(Deficit) - 228,138
Fund Balance 73,005 301,143
CHILD CARE IMPACT FEE
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uChild Care Impact Fees 477,806 477,ul8Oulu6
USE OF MONEY& PROPERTY 18,701 18,701 -
Total Revenues - 496,507 496,507 -
Interdepartmental Charges 2,500 2,500 (0) -
Transfer to City Programs
Transfer to Capital Infrastructure
Total Expenditures 2,500 2,500 (0) -
Surplus/(Deficit) (2,500) 494,007
Fund Balance 1,970,242 2,466,749
OYSTER POINT INTERCHANGE IMPACT FEE FUND
Illiil uu uuuViiii"''i u�iV"illuu�u, "� IIIII i�® i ui�i�i"'illmi�uu °� uuuu iu�ui uuum u�ui ��������
u� uuuu uu uuuu uuuu u� i
lOyster Point Interchange Impact Fees 352,410 352,410 IIIII
USE OF MONEY& PROPERTY 1,182 1,182 -
Total Revenues - 353,592 353,592 -
Supplies and Services 52,561 -
Debt Service Principal 352,674 352,674 - -
Total Expenditures 405,235 352,674 - -
Surplus/(Deficit) (405,235) 918
Fund Balance (404,328) 1,825
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DATE: November 18, 2{115
TO: Mayor, Vice Mayor, and Councilmembers
FROM: Brian McMinn, Public Works Director/City Engineer
SUBJECT: RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH THE
PENINSULA CORRIDOR JOINT POWERS BOARD FOR THE SOUTH
SAN FRANCISCO CALTRAIN STATION IMPROVEMENT PROJECT
AND AMENDING THE 2015-2016 CAPITAL IMPROVEMENT PROGRAM
BUDGET
RECOMMENDATION
It is recommended that the City Council adopt a resolution approving a Cooperative
Agreement with Peninsula Corridor Joint Powers Board ("PCJPB") for funding of the
South San Francisco Caltrain Station Improvement Project,authorize the City Manager to
execute the Cooperative Agreement, and amend the 2015-2016 Capital Improvement
Program budget appropriating $5!9 million dollars in previously committed funds.
BACKGROUND/DISCUSSION
The South San Francisco Caltrain Station Improvement Project(Project)will realign the current
commuter rail station on Dubuque Avenue to allow easier pedestrian access to downtown,provide
for a better link between the east of Highway 101 employers and the downtown, improve
employee shuttle access to the station,as well as improve station safety and disabled access. This
Project will be managed by the Peninsula Corridor Joint Powers Board(PCJPB)and it is included
in the Caltrain Short-Range Transit Plan (SRTP). The Project is also a cornerstone of the
Downtown Station Area Specific Plan which encourages transit-oriented development.
Cooperative Agreement fbr Project Punding
In December of 201.4, the City of South San Francisco submitted a request to the San Mateo
County Transit Authority ("TA") for County Measure A funds in order to complete the Project.
On January 1.4, 2015, the City Council committed $5.9 million dollars from the City's
infrastructure reserves in matching funds(10%of the remaining project cost)for the Project. The
TA responded on February 8, 2015 by allocating $49.1 million dollars to complete the funding
needed to finish the design and construction of the Project.
The attached draft of the Cooperative Agreement outlines how the committed funds will be
invoiced and paid by the City. The Cooperative Agreement stipulates that if there are anticipated
cost increases,the City and the PCJPB will negotiate how to fund the increase or reduce the scope
of the project. There is no stated commitment in the Cooperative Agreement to increase the City's
Staff Report
Subject: RESOLUTION APPROVING.A.COOPERATIVE AGREEMENT WITH THE
PENINSULA CORRIDOR JOINT POWERS BOARD FOR THE SOUTH
SAN FRANCISCO CALTRAIN STATION IMPROVEMENT PROJECT
AND AMENDING THE 2015-2016 CAPITAL IMPROVEMENT PROGRAM
BUDGET
Page 2 of 3
contribution beyond $5.9 million dollars, and In the event of any such eventualities and
discussions, City Council review and approval will be needed. If the Project is under budget,the
City will see a reduction in contribution amounting to 10% of the Project savings. Similarly, if
grant funding is secured for the Project scope, each parties contribution will be reduced
proportionately based upon the percentage of project funding committed by each agency earlier
this year.
Project Update
The PCJPB is the lead agency in design and construction for the Station, as they have for all
stations on the Peninsula. The PCJPB staff is currently evaluating the Project site to account for
any changed conditions. They are also making changes to the plans and specifications to
accommodate electrification and to ensure that adjustments can be made to stairways and access
ramps to accommodate any boarding height scenarios related to rail car selection. This effort is
scheduled for completion in February 2016, PCJPB negotiations continue with Union Pacific to
clear the right of way for construction.
PCJPB's procurement process to select the construction contractor will take approximately six
months with start of construction projected for the 4`h quarter of 2016. Construction is estimated
to take two years with completion in late 2018.
City staff is preparing a request for proposals to select an urban design/landscape architect to
develop design elements for the pedestrian and bicyclist station entry plazas. There will be
opportunities for community and City Council input on the design elements prior to establishing
standards. The goal is to blend consistent elements from future downtown improvements for a
seamless transition to the train station. City staff is concurrently working with PCJPB staff to
determine the best way to incorporate possible construction of design elements into the project
plans and construction phasing.
FUNDING
Approval of the Cooperative Agreement for project funding will allow for the necessary transfers
of funds to take place, The City's $5.9 million dollar contribution was committed from
Infrastructure Reserve funds at the January 14,2015 City Council meeting. Appropriation of the
committed funds to the 2015-2016 Capital Improvement Program (CIP) will allow for
disbursement of those funds.
Funding for the design of the plaza entry elements is included in the City of South San Francisco's
2015-2016 CIP. Per the draft Cooperative Agreement, any proposed enhancements to the entry
plaza that represent a significant change to the project scope or cost would have to be negotiated
with the possibility of an increased city contribution to funding. Staff will keep the Council
apprised of developments as we become aware of them.
Staff Report
Subject: RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH THE
PENINSULA CORRIDOR JOINT POWERS BOARD FOR THE SOUTH
SAN FRANCISCO CALTRAIN STATION IMPROVEMENT PROJECT
AND AMENDING THE 2015-2016 CAPITAL IMPROVEMENT PROGRAM
BUDGET
Page 3 of 3
CONCLUSION
Approval of the resolution will authorize the City Manager to execute a Cooperative Agreement
with the PCJPB. The agreement will allow the City to transfer up to$5.9 million dollars in project
funding to the PCJPB.
N.
By Approve(
Brian McMinn Mike Fu rel
Director of Public Works/City Engineer City Manager
Attachment: Resolution
Draft Form of Agreement
PCJPB Staff Report and Resolution
Presentation Slides
brn
RESOLUTION NO.
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
RESOLUTION APPROVING A COOPERATIVE AGREEMENT
WITH THE PENINSULA CORRIDOR JOINT POWERS BOARD
FOR THE SOUTH SAN FRANCISCO CALTRAIN STATION
IMPROVEMENT PROJECT AND AMENDING THE 2015-2016
CAPITAL IMPROVEMENT PROGRAM BUDGET
WHEREAS, the City of South San Francisco ("City") and the Peninsula Corridor Joint
Powers Board ("PCJPB") seek to reconstruct the South San Francisco Caltrain Station in order to
provide a new platform and track configurations, to eliminate the hold-out rule, to accommodate
longer trains,and to include the construction of a new pedestrian underpass connecting the west and
cast sides of South San Francisco allowing for safe and convenient bike and pedestrian passage
(Project); and
WHEREAS, the City Council for the City of South San Francisco has committed $5.9
million dollars to the project at its January 14, 2015 City Council meeting; and
WHEREAS,the San Mateo County Transit Authority has allocated$49.1 million dollars to
the Project; and
WHEREAS,the Cooperative Agreement for the South San Francisco Caltrain station project
("Cooperative Agreement") must be executed between the City; and
WHEREAS,pursuant to the Cooperative Agreement,the PCJPl3 will perform or contract for
the performance of all services,and provide all services and materials required for completion of the
Project; and
WHEREAS, City staff recommends approval of the Cooperative Agreement for Project
funding between the PCJPB, and the City,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San
Francisco that the City Council hereby approves the Cooperative Agreement for funding of the South
San Francisco Caltrain Station reconstruction between the City and the Peninsula Corridor Joint
Powers Board,
BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that
$5.9 million dollars is hereby appropriated from the City's Infrastructure Reserve Fund to the Capital
Improvement Project Fund in order to fund the City's funding obligation under this Cooperative
Agreement.
BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that
the City Manager is hereby authorized to execute the Cooperative Agreement on behalf of the City
Council of the City of South San Francisco, subject to approval as to form by the City Attorney,and
to take any other required action consistent with the intent of this resolution.
- I -
I hereby certify that the foregoing Resolution was regularly introduced and adopted by the
City Council of the City of South San Francisco at a regular meeting held on the l8th day of
November, 2015 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
- 2 -
COOPERATIVE AGREEMENT
FOR FUNDING OF IMPROVEMENTS TO CALTRAIN RAIL
INFRASTRUCTURE AT THE SOUTH SAN FRANCISCO
CALTRAIN STATION
This Cooperative Agreeiventfor the South San Francisco Caltrain station ("Agreement") is
entered into on XXX, 2015 between the Peninsula Corridor Joint Powers Board ("PCJPB") and the
City of South San Francisco ("SSF"), each of wl-iich is referred to herein individually as "Party"and
jointly as "Parties."
RECITALS
WHEREAS, the PCJPB is a public agency existing under the laws of the State of California
and operates commuter rail passenger service ("Caltrain") between San Francisco and Gilroy
California, and owns, operates and provides rail service to a station in South San Francisco
("South San Francisco Caltrain Station" or "Station"), and
WHEREAS, SSF is a municipal corporation in the State of California; and
WHEREAS, the Parties desire the PCJPB to reconstruct the South San Francisco Caltrain
Station ("Project"); and
WHEREAS, the Project will entail design, project management, construction management,
construction engineering and reconstruction of the Station; and
WHEREAS, the PCJPB agrees to perform or contract for the performance of all services, and
provide all materials required, for completion of the Project; and
WHEREAS, PCJPB, will own and maintain all Station improvements and other facilities
constructed as part of the Project; and
WHEREAS, to facilitate the completion of the Project, SSF agrees to provide partial funding
for the Project; and
WHEREAS, pursuant to its Downtown Plan and in concert with the Project, SSF intends to
build a vibrant and diverse downtown surrounding the Station that includes pedestrian and bicycle
improvements, high-density,development, and mixed land uses ("Downtown Plan Work"); and
WHEREAS, on [DATE], the PCJPB's Board of Directors, by Resolution XXXX-XX,
approved this Agreement; and
WHEREAS, on [DATE], the SSF City Council, by Resolution XXXX-XX- approved this
Agreement.
NOW THEREFORE, in consideration of the mutual benefits and obligations herein, the
PCJPB and SSF agree as follows:
1
11153783.1
I. PROJECT DESCRIPTION, SCOPE, SCHEDULE, AND DELIVERABLES.
a. Description. The Project shall. consist of the design, project management, construction
management, and construction of Station infrastructure that meets current'Caltrain
standards, including the construction of a new center platform and bike/pedestrian
underpass to eliminate the "Hold-Out-Rule."
b. Scope of Work. The Project shall reconstruct Caltrain infrastructure at the Station
including: an extension and reconfiguration of Station platforms and facilities
approximately 700 feet to the south; construction of a new center platform; a new
pedestrian and bicycle undercrossing between the east and west sides of the Station;
new shuttle pick-up area on the east side ofthe Station, signalized at-grade pedestrian
crossing at the north end ofthe Station, and a new pedestrian and bicycle tunnel entry
plaza.on the west side of the Station,- The PCJPB shall provide all planning, design,
construction, project management, construction management, inspection and
administration necessary to complete the Project. Other elements of the Downtown
Plan Work that are not on the Station property are not part of the Project or Project
Scope of Work.
C. Project Schedule, The Project is anticipated to be completed by December 31, 2017.
Consistent with the projected completion date, a Project schedule will be prepared
and approved solely by the PCJPB. PCJPB will use its best efforts to conform to the
schedule, work cooperatively with SSF throughout the Project and inform SSF of
Project-related scheduling and an),project related delays.
d. Status Reports. The PCJPB shall keep SSF staff aware of the progress of the Project
through quarterly written status reports..
e. Project Completion Deliverables/Final Acre Lance. PCJPB shall provide SSF with a
copy of the notice of completion of the Project. Prior to the completion date, the
PCJPB shall notify SSF of the final acceptance inspection.
2. FUNDING OF PROJECT.
a. Project Cost and Funding.
i. The total coast of the Project is $59m, of which $4m had previously been
expended to complete environmental and final design for the Project. The
funding needed to complete the Project is $55m, which is made up of$5.9m
from SSF, or 10% of the total project cost, and $49.1m of SMCTA Measure A
funds.
ii. Should the total project cost exceed $59,100,000 and both parties agree they
are reasonable cost increases, the two parties shall negotiate as to how to fund
2
a a 153783.;
the cost increase, or reduce the scope of the project in order to bring the cost
back to $59,100,000, or below.
b. SSF Contribution to Project.
i. SSF shall reimburse the PCJPB up ten percent (10%) of the totalProject costs,
and in an amount not to exceed '$5,900,000, in the manner described below.
ii. In the event the Project receives additional funds above and beyond the $5.9m
of SSF and $49.1m of SMCTA funds after the execution of this agreement,
SSF's and S +CTA's combined contribution would be reduced by the amount
of grant funds secured, 10% for SSF and 90% for SMCTA.
iii. SSF agrees to pay the PCJPB, on a quarterly basis, ten percent (10%) of the
Project costs incurred the prior quarter until the total payments reach SSF's
maximum obligation ($5,900;000 or a reduced amount calculated as set forth
in paragraph (ii), above) or ten percent (10%) of the total Project cost,
whichever is less. In each month following the end of a fiscal quarter, the
PCJPB shall provide SSF a billing statement showing actual Project costs
incurred and paid for by PCJPB, other grant funds used for the Project, and
SSF payments to date. PCJPB will enclose appropriate supporting
documentation with the billing statement to substantiate actual Project costs.
SSF shall review the billing statement and remit the amount due within no
more than thirty (30) calendar days of receipt of the billing statement. To the
extent SSF's payments over the term of this Agreement are less than SSF's
maximum obligation or ten percent (10%) of the total Project coast, the
PC"JPB's final billing statement shall reflect, and SSF shall pay, the amount
necessary such that the total of SSF's payments equal the lesser of SSF's
maximum obligation or ten percent (10%) of the total Project cost.
3. INDEMNIFICATION.
a. The PCJPB shall indemnify, keep and save harmless SSF and its councilmembers,
officers, agents and employees (collectively, "Indemnitees") against any and all suits,
claims or actions arising out of any act or omission by the PCJPB, its agents,
employees, contractors or subcontractors in connection with of the following:
i. Any injury to persons or property that may occur, or that may be alleged to
have occurred, arising from the performance of the Project or implementation
of this Agreement, or
ii. Any allegation that materials or services developed,provided or used for the
Project infringe or violate any copyright, trademark, patent, trade secret, or any
other intellectual-property or proprietary right of any third party.
b. SSF shall indemnify, keep and save harmless the PCJPB, as well as the San .Mateo
County Transit District, the Santa Clara Valley Transportation Authority, the City and
3
11153783.1
County of San Francisco, TransitAmerica Services, Inc. or any successor Operator of
the Service, and the Union Pacific Railroad Company and each of their and its
directors, officers, agents and employees (collectively, "Indemnitees") against any and
all suits, claims or actions arising out of any act or omission by SSF, its agents,
employees, contractors or subcontractors in connection with of the following:
i. Any injury to persons or property that may occur, or that may be alleged to
have occurred, arising from the performance of the Project, the Downtown
Plan Work or implementation of this Agreement; or
ii. Any allegation that materials or services developed,provided or used for the
Project or the Downtown Plan Work infringe or violate any copyright, tradernark,
patent,trade secret, or any other intellectual-property or proprietary right of any
third party.
c. In case of any and all suits, claims or actions arising out of any act or omission by an
indemnifying Party or its agents, employees, contractors or subcontractors, each
indemnifying Party further agrees to defend any and all such actions, suits or claims
and pay all charges of attorneys and all other costs and expenses of defenses of the
other Parties and other Indemnitees as they are incurred. If any judgment is rendered,
or settlement reached, against any Indemnitees in any such action, the indemnifying
Party will, at its expense, satisfy and discharge the same.
d. This indemnification shall survive termination or expiration of this Agreement.
4. TERM.
a. This Agreement shall commence on and will terminate upon the
earlier/later of
5. AUDIT AND RECORDS.
a. The PCJPB and SSF shall maintain, and shall require their contractors to maintain,
in accordance with generally accepted accounting principles and practices, complete
books, accounts, records and data pertaining to services performed under this
Agreement, including the costs of contract administration. Such documentation shall
be supported by properly executed payrolls, invoices, contracts and vouchers
evidencing in detail the nature and propriety of any charges and sufficient to allow a
proper audit of services. All checks, payrolls, invoices, contracts and other
accounting documents pertaining in whole or in part to the services shall be clearly
identified and readily accessible.
b. For the duration of the Agreement, and for a period of three years after final
payment, SSF, and its representatives shall have access during non-nal business hours
to any books, accounts, records, data and other relevant documents that are pertinent
to this Agreement for audits, examinations, excerpts, and transactions and copies
thereof shall be furnished upon request.
4
11153783.1
6. NOTICES.
a. All notices required or permitted under this Agreement shall be given by first class
email to the Parties designated below or to another person as the Parties may
designate in writing from time to time.
SSF: City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
Attn:
PC.1PB: Peninsula Corridor Joint Powers Board
1250 San Carlos Avenue
Sari Carlos, CA 9400
Attn April Chan, Chief Officer, Planning, Grants and
Transportation Authority
7. MISCELLANEOUS PROVISIONS.
a. Entire Agreement. This Agreement constitutes the entire agreement between the
Panties pertaining to the subject matter contained therein and supersedes all prior or
contemporaneous agreements, representations and understandings of the Parties
relative thereto.
b. Headings. The subject headings of the articles and paragraphs in this Agreement are
included for convenience only and shall not affect the construction or interpretation of
any of its provisions.
C. Severability. If any portion of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, all remaining portions of the
Agreement, or the application thereof, will remain in full force and effect.
d. Construction and Intc retation of Agreement. This Agreement, and each of its
provisions, terms and conditions, has been reached as a result of negotiations between
the Parties. Accordingly, each Party expressly acknowledges and agrees that: this
Agreement shall not be deemed to have been authored, prepared, or drafted by any
particular Party; and that the rule of construction to the effect that ambiguities are to
be resolved against the drafting Party shall not be employed in the interpretation of
this Agreement or in the resolution of disputes.
5
11153783.1
C. No Waiver. No waiver of any default or breach of any covenant of this Agreement by
either Party can be implied from any omission by the other Party to take action on
account of such default if such default persists or is repeated. Express waivers are
limited in scope and duration to their express provisions. Consent to one action does
not imply consent to any future action.
f. Modifications. This Agreement may only be modified in a writing executed by both
Parties.
9. Successors and..Assigi
ns. No Party can assign, transfer or otherwise substitute its
interests or obligations under this Agreement without the written consent of the other
Party.
h. Governing Law. This Agreement is governed by the laws of the State of California as
applied to contracts that are made and performed entirely in California.
i. Compliance with Applicable Law. In the performance of services hereunder, the
PCJPB and its contractors shall comply with all applicable requirements of state,
federal and local laws and regulations.
j. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules,
studies, memoranda, and other documents assembled for or prepared by or for the
PCJPB relative to the Project are the sole property of the JPB unless otherwise agreed
upon by the PCJPB.
k, Non-discrimination. The Parties and any contractors performing services on behalf of
the Parties will not discriminate or permit discrimination against any person or group
of persons on the basis of race, color,religion, national origin or ancestry, age, sex,
sexual orientation,marital status, pregnancy, childbirth or related conditions, medical
condition, mental or physical disability or veteran's status, or in any manner prohibited
by federal, state or local laws.
1. Attorneys' lees, In the event legal proceedings are instituted to enforce any provision
of this Agreement, the prevailing Party in said proceedings is entitled to its costs,
including reasonable attorneys' fees.
in. Relationship of the Parties. It is understood that this is an Agreement by and between
independent contractors and does not create the relationship of agent, servant,
employee, partnership,joint venture or association, or any other relationship other than
that of independent contractor.
n. Warranty of Authority to Execute Agreement. Each Party to this Agreement
represents and warrants that each person whose signature appears hereon is authorized
and has the full authority to execute this Agreement on behalf of the entity that is a
Party to this Agreement,
6
11153783.1
IN WITNESS WHEREOF, SSF and the PCJPB have entered into this Agreement as of the date
first noted above.
CITY OF SOUTH SAN FRANCISCO
By:
Name: Mike Futrell.
Its: City Manager
Approved as to Form,
Legal Counsel for the SSF
PENINSULA CORRIDOR JOINT POWERS
BOARD
By:
Name: Jim Hartnett
Its: Executive Director
Attest:
PCJPB Secretary
Approved as to Form:.
Legal Counsel for the PCJPB
7
11153783.1
AGENDA ITEM # 14
OCTOBER 1, 2015
PENINSULA CORRIDOR JOINT POWERS BOARD
STAFF REPORT
TO: Joint Powers Board
THROUGH: Jim Hartnett
Executive Director
FROM, April Chan
Chief Officer, Planning, Grants and Transportation Authority
SUBJECT: AUTHORIZATION TO ENTER INTO COOPERATIVE AGREEMENT WITH THE CITY OF
SOUTH SAN FRANCISCO TO RECEIVE$51.9 MI,LLION IN FUNDING FOR THE SOUTH
SAN FRANCISCO CALTRAIN STATION PROJECT
ACTION
The Staff Coordinating Council recommends the Board authorize the Executive Director, or
his designee, to enter into a cooperative agreement with the city of South San Francisco
for the Peninsula Corridor Joint Powers Board (JPB) to receive $5.9 million for the
reconstruction of the South Son Francisco CaWain Station (Project).
SIGNIFICANCE
In February 2015, the San Mateo County Transportation Auf hority (SMCTA) allocated
$49.1 million and South Son Francisco pledged $5.9 million in local matching funds to fully
fund construction of the Project. The (Project will provide a new platform and track
configuration to eliminate the hold-out rule and to accommodate longer trains. The
Project will also include the construction of a new pedestrian underpass connecting the
west and east sides of South Son Francisco, allowing for safe and convenient bicycle and
pedestrian passage. To receive the $5.9 million, the JPB must authorize the Executive
Director, or his designee, to enter into an agreement with South San Francisco,
BUDGET IMPACT
There is no budget impact associated with this action, The $5,9 million from the city of
South Son Francisco is included in the Fiscal Year 2016 Capital Budget,
BACKGROUND
The South Son Francisco station is one of four remaining Calfrair stations (along with
Atherton, Broadway, and College Park) that are subject to a safety precaution and
operational constraint known as the "hold-out rule," Under the hold-out rule, when a train
is in the station, another train is prohibited from entering the station, The SMCTA previously
allocated funds to complete f he 95 percent design and engineering of the Project. The
Project is consistent with the South San Francisco Downtown Station Area Plan, and would
support their planned economic development in the vicinity of the station.
Prepared by: Peter Skinner, Senior Grants Analyst 650.622.7818
11554251,1
RESOLUTION NO. 2,015 - 56
BOARD OF DIRECTORS, PENINSULA CORRIDOR JOINT' PO'K'ERS BOARD
STATE OF CALIFORNIA
AUTHORIZING A COOPERATIVE AGREEMENT WITH THE CITY OF SOUTH SAN FRANCISCO
TO RECEIVE $5.9 MILLION IN FUNDING FOR THE SOUTH SAN FRANCISCO
CALTRAIN STATION PROJECT
WHEREAS, the Peninsula Corridor Joint Powers Board (JPB) is a public agency
under the laws of the State of California and operates commuter rail passenger service
(Caltrain) between Son Francisco Station and Gilroy Station; and
WHEREAS, the city of South Son Francisco is a public agency located adjacent to
the Caltrain commuter rail line; and
WHEREAS, the parties desire the JPB to reconstruct the South San Francisco
Caltrain Station to provide a new platform and track configuration to eliminate the
hold-out rule, accommodate longer trains, and include the construction of a new
pedestrian underpass connecting the west and east sides of South San Francisco,
allowing for safe and convenient bike and pedestrian passage (Project); and
WHEREAS, the San Mateo County Transportation Authority has allocated
$49.1 million to the Project, and
WHEREAS, South San Francisco agrees to provide $5.9 million to fully fund
construction of the Project; and
WHEREAS, the JPB agrees to provide all services and materials required for
completion of the Project, and
WHEREAS, the Staff Coordinating Council recommends that the JPB Board of
Directors delegate author°ty to the Executive Director, or his designee, to execute a
cooperative agreement with South San Francisco to provide funding for the Project,
Page 1 of 2
11 554425.1
and to take any other actions necessary for the purpose of obtaining funding from
South San Francisco.
NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the JPB authorizes
the Executive Director, or his designee, to execute a cooperative agreement with the
city of South San Francisco for South Son Francisco to provide $5,9 million iin funding for
the South Son Francisco Calfrcin Station Project, and to take any other actions
necessary to obtain the subject funding from South Son Francisco,
Regularly passed and adopted this Is' day of October, 2015 by the following
vote:
AYES: CISNEROS , COVEN , KALRA , WOODWARD, YEAGER , TISSIER
NOES., NONE
ABSENT: GEE, GUILBAULT, NOLAN
air, ninsula Corridor Joint Powers Board
ATTEST:
JPB Secretary
Poge 2 of 2
11554425.1
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Stanff Re ort
DATE: November 18, 2015
TO: Mayor, Vice Mayor, and Councihnembers
FROM: Brian McMinn, Director of Public Works/City Engineer
SUBJECT: INTRODUCTION OF AN ORDINANCE ESTABLISHING AN
UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM
RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE
ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY
AND PRESENTATION OF A LIST OF POTENTIAL FUTURE
UNDERGROUND UTILITY PROJECTS (CIP PROJECT NO. ST1204)
RECOMMENDATION
It is recommended that the City Council hold a public hearing and then introduce an
ordinance that will establish an underground utility district along Spruce Avenue between
Railroad Avenue and Spruce Elementary School between Lux Avenue and Park Way and
receive a list of potential future underground utility projects.
BACKGROUND
On September 16, 2015, the City Council held a study session to discuss establishing an
underground utility district along Spruce Avenue from Railroad Avenue to Park Way. The
presentation and discussion covered the following items:
• Regulatory Background -- California Public Utilities Commission (CPUC) Rule 20A.
(attached)rewires PG&E to allocate work credits to local agencies to fund PG&E's share
of undergrounding costs. CPUC Rule 32 requires communication utilities within an
established district to cooperatively follow PG&E's lead and fund their share of the
undergrounding costs. 'South San Francisco:Municipal Code Chapter 13,16 authorizes the
Council to hold a public hearing to ascertain if public necessity,health, safety,or welfare
requires overhead utility removal and specifies mailing notice to affected property owners
and utilities at least thirty(30) days before such hearing.
• Qualifying Criteria To qualify for Rule 20A and Rule 32 funding by the utilities,
projects must be in the general public interest for one or more of the following reasons:
(1)undergrounding eliminates an unusually heavy concentration of overhead utilities;(2)
the street or right-of-way is extensively used by the general public and carries a heavy
volume of pedestrian or vehicular traffic; (3)the street or right-of-way adjoins or passes
through a civic area, public recreation area, or an area of unusual scenic interest to the
general public, and/or (4) the street or right-of-way is an arterial or major collector.
Staff Report
Subject: INTRODUCTION OF AN ORDINANCE ESTABLISHING AN
UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM
RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE
ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY
AND PRESENTATION OF A LIST OF POTENTIAL FUTURE
UNDERGROUND UTILITY PROJECTS (CIP PROJECT NO. STI 204)
Page 2 of 7
• District Description—As described at the study session,the proposed district consisted of
the properties adjoining Spruce Avenue from the north side of Railroad Avenue to the
south side of Park Way, a 2,600 foot corridor containing fifteen commercial propel-ties
(including two schools and two churches) and thirty single-family residences. This area
satisfies three of the four criteria set forth in Rules 20A and 32. Namely, Spruce Avenue
is a minor arterial street used extensively by the general public to carry a heavy volume of
pedestrian and vehicle traffic, and it adjoins the downtown civic area. Establishing the
District on this street allows the City Council to acknowledge that wheelchair access was
considered as a basis for defining the boundaries of the Project because removing the
utility poles and their supporting guy wires will reduce the number of sidewalk
obstructions along the Spruce Avenue corridor. As discussed below, staff now
recommends minor revisions to this description,
• Selection Process — In addition to the proposed Spruce Avenue Underground Utility
District, staff evaluated other potential areas for undergrounding,including South Spruce
Avenue,Chestnut Avenue,the Downtown Lanes, and multiple city parks,but concluded
that Spruce Avenue best met the qualifying criteria and will be feasible to convert the
utilities from overhead to underground,
• Description of Work — The work consists of moving the overhead electric and
communication distribution lines into conduit installed in trenches constructed in the
street. New laterals supplying electric and communications services are installed in
underground trenches running from the distribution lines to the property main panel (for
electricity) or directly into the building (for communications). Rule 20A specifies that
PG&E use the City's work credits to fund the cost to move its distribution lines
underground. The service laterals and electric panels are owned and maintained by the
property owners,but Rule 20A allows the City the option of requesting that PG&E use the
City's work credits to install up to 100 feet of service laterals for property owners (a
length generally sufficient for properties such as those fronting Spruce Avenue) and to
spend up to $1,500 per service entrance to convert the electric service panels to accept
underground services. PG&E estimates that the current costs for panel conversion are
$2,000 for residential properties and $5,000 for commercial properties. Because these
current costs exceed the $1,500 limit specified in Rule 20A, PG&E recently obtained
CPUC approval to let cities request that PG&E manage the electric panel conversions with
all costs paid from the City's work credits. (See attached"Agreement to Perform Tariff
Schedule Related Work—Rule 20A Electric Panel Service Conversion, Form 79-1113,)
• Budget—As of May 2015,the City has accrued nearly$6.2 million in PG&E work credits
and may borrow against future allotments to raise this to nearly $7.2 million. This is
sufficient to complete PG&E's estimated share of the overhead utility conversions in the
proposed district. Work credits are not a grant,but rather represent a limit on the value of
undergrounding work the City may direct PG&E and the communication utilities to
Staff Report
Subject: INTRODUCTION OF AN ORDINANCE ESTABLISHING AN
UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM
RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE
ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY
AND PRESENTATION OF A LIST OF POTENTIAL FUTURE
UNDERGROUND UTILITY PROJECTS (CIP PROJECT NO, ST1204)
Page 3 of 7
undertake in the future. In addition, the City has $170,000 budgeted in the Fiscal Year
2015116 Capital Improvement Program ("CIP") for project management and other
expenses,
• Cost Estimate—The preliminary cost estimate for PG&E's share, to be drawn from the
City's Rule 20A work credits,is$2.8 million. This is based on a unit price of$1,000 per
linear foot for the distribution lines, $2,000 per residential panel conversion, $5,000 per
commercial panel conversion, and $1,500 per service lateral. The City will need to fund
replacement of its fourteen streetlights along the corridor at an estimated total cost of
$182,000,or$13,000 per light.This estimated cost does not include escalation to the year
of installation, which will likely be Fiscal Year 2018119,
• Schedule— Rule 20A projects typically take five to seven years to complete. Once the
District is established (in December 2015), it goes into a queue at PG&E for an average
time of one year {until December 2016). Planning takes up to a year. Design of the
individual utilities and the joint trench composite takes approximately one and one-half
years if the City serves as Lead Agent (until June 2018). Construction takes
approximately fifteen months (until September 2019). Site restoration and final cleanup
take another-three months (ending in December 2019).
• Priority List of Future Projects—Staff recommended that the City develop a priority list of
qualified undergrounding projects so that planning can commence on the next project
when funds become available. Cities typically review and revise their priority lists on a
regular basis, such as annually along with their Capital Improvement. Program review.
Once the Spruce Avenue cost estimate is refined at the end of the design phase, staff
expects that the City will have sufficient work credits remaining to start the next
undergrounding project.
• District Establishment—The process to establish the District includes the following steps:
I. The City consults with PG&E and the other affected utilities;
2. The City develops a boundary map defining the area of the District;
3. The City mails notice to affected property owners and utilities at least 30 days before
the public hearing;
4. The City Council holds the public hearing to assess the public benefit of establishing
the district;
5. The City Council finds utility undergrounding to be in the general public interest
according to one or more of the qualifying criteria;
6, The City Council.acknowledges that wheelchair access is in the public interest and has
been considered as a basis for defining the boundaries of the proposed district;
Staff Report
Subject: INTRODUCTION OF AN ORDINANCE ESTABLISHING AN
UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM
RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE
ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY
AND PRESENTATION OF A LIST OF POTENTIAL FUTURE
UNDERGROUND UTILITY PROJECTS (CIP PROJECT NO, ST 1204)
Page 4 of 7
7, The City Council adopts an ordinance establishing the District, ordering removal of
existing overhead utilities, and forbidding installation of any new overhead utilities
within the newly formed district.
After the study session on September 16t", staff representatives confirmed with PG&E, AT&T,
Comeast, and Wave that all four companies have overhead utilities in the proposed district and
will participate in the project. Staff provided the utility companies the boundary map and then
walked the proposed district with representatives of each of these utilities to discuss the work to
be done. Staff revised the boundary map (attached) after discussions with the utilities'
representatives and now recommends terminating the District one half block short of Park Way,at
the north edge of Spruce Elementary School, thereby removing nine residential properties from
the District south of Park Way, This revised boundary more precisely delineates the transition
from mixed commercial and multi-family residential to single family residential with its
corresponding decrease in overhead utility loading. Two properties that front on Commercial
Avenue and on Grand Avenue, but which are served directly from Spruce Avenue distribution
lines, have been added to ensure their services will be undergrounded. Side street extents on the
cast side of Spruce Avenue have been reduced to limit the number of side street poles
inadvertently designated for removal.
On October 9ffi, staff mailed notice of the November 181h public healing to the affected property
owners and enclosed the revised boundary map. On October 14'h, staff mailed letter notices of the
public hearing to the four-utilities. Staff mailed letters to each utility to document that each will be
responsible for completing the design of its own facilities and the City will be the Lead Agent
(also known as the trenching agent) responsible for preparing the trench profile and composite
drawings, managing the trenching, installing substructures, and restoring the pavement.
DISCUSSION
Creation cif the Spruce Avenue Underground Unlit} District
As previously described, an undergrounding project needs to meet at least one of the four criteria
to be found to be in the general public interest, and this proposed project meets three of the
criteria. Wheelchair access is in the public interest and has been considered as a basis for defining
the boundaries of the proposed district. Staff has determined that the project is categorically
exempt from environmental review pursuant to the California Environmental Quality Act. Staff
has agreed with the utilities on a preliminary work schedule and recommends waiving all
administrative fees(such as pen-nit fees or special street restoration costs). Staff has further agreed
with the utilities that the City will serve as the Lead Agent(also known as the trenching agent)for
the joint trench design and construction management. Staff recommends that the City request that
PG&E manage the service panel conversions on each property by authorizing the City Manager to
execute Form 79-1113 — "Agreement to Perform Tariff Schedule Related Work, - Rule 20A
Electric Panel Service Conversion" (attached), thereby ensuring that all panel conversion costs
Staff Report
Subject: INTRODUCTION OF AN ORDINANCE ESTABLISHING AN
UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM
RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE
ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY
AND PRESENTATION OF A LIST OF POTENTIAL FUTURE
UNDERGROUND UTILITY PROJECTS (CIP PROJECT NO, ST 1204)
Page 5 of 7
will be paid from the City's accrued Rule 20A allocation funds.
Staff recommends that the City Council amend the sections of Municipal,Code Chapter 13.16 that
require property owners to complete installation of their service laterals and conversion of their
,electric service panels to receive underground electric power and communication signals (see
section 2 of the attached ordinance). Instead,property owners will be required to execute Right of
Entry agreements to allow the City and utility companies to enter the property for inspection and
construction purposes, Property owners will continue to be responsible for correcting any existing
electrical code violations with regard to their electric service panel as PG&E will not connect the
new service laterals to noncompliant service panels. The extent and magnitude of potential
electrical code violations will not be known until property owners grant the City Right of Entry to
allow inspection of the electric panels,but in other cities, only a small minority of properties has
had deficiencies requiring correction. Examples of code deficiencies encountered in other cities
include an illegal secondary residence drawing power fTorn. the primary residence panel or
extensively damaged panels from the Loma Prieta earthquake. Any potential code deficiencies
within the building interiors will not cause PG&E to refuse to reconnect the electric service panel
and will not be covered by the City's inspection.
Staff recommends that the City designate this District the "Spruce Avenue Underground Utility
District." Rule 20A explicitly uses the term "underground -utility districts," and this is the
commonly understood nomenclature used by local agencies and the utility companies. Use of any
other title, such as "Underground Utility Area" would likely result in con-fusion in the future.
Underground utility districts are not a separate form of government and remain solely under the
jurisdiction of the City(or County) that establishes them.
The remaining actions before the City Council to establish. the District are to hold the public
hearing to receive public comment, then waive the reading and move to introduce the ordinance
that establisbes the Spruce Avenue Underground Utility District.City Council may then adopt this
ordinance at the next regular meeting on December 9, 2015.
Future Utility Undergrounding Prqjects
Council is asked to receive the following list of potential future undergro,unding projects. After
the Spruce Avenue Underground Utility District is designed,the City should have a good estimate
of its remaining PG&E work credits and can begin planning its next underground district project.
Cities typically review and revise their priority lists on a regular basis, but since this is the first
such list in the City, staff is actively seeking further suggestions from the Council and the public
of any areas that may be evaluated for possible addition to the list. At this time, all linear extents
and costs in the listed areas are conceptual and subject to revision.
Staff Report
Subject: INTRODUCTION OF AN ORDINANCE ESTABLISHING AN
UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM
RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE
ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY
AND PRESENTATION OF A LIST OF POTENTIAL FUTURE
UNDERGROUND UTILITY PROJECTS (CIP PROJECT NO. ST1204)
Page 6 of 7
List of Potential Future Underground Utility Projects:
I. Mission Roadftom Oak Avenue to the South San Francisco BART entrance—This project
would extend approximately 4,000 linear feet and would cost approximately$4.4 million
in work credits. Mission Road is a major collector, carrying a heavy volume of traffic to
the BART station.
2. Antoinette Lanefi-om Peninsula Pine Apartments to terminus (in coordination with El
Camino Real / Chestnut Area Specific Plan development conditions of approval)—This
project would extend approximately 1,200 linear feet and would cost approximately$13
million in work credits. Antoinette Lane adjoins the Centennial Trail, a public recreation
area, and will adjoin a future civic area.
3. Third Lane between Spruce Avenue and Cypress Avenue(in coordination with Downtown
Station Area Specific Plan development conditions of approval) -- This project would
extend approximately 2,250 linear feet and would cost approximately$2.4 million in work
credits. This section of Third Lane is in a civic area and has an unusually heavy
concentration of overhead utilities,
4. Fourth Lane between Maple Avenue and Cypress Avenue (in coordination with
Downtown Station Area Specific Plan development conditions of approval)—This project
would extend approximately 1,200 linear feet and would cost approximately$1.3 million
in work credits. This section of Fourth Lane is in a civic area and has all unusually heavy
concentration of overhead utilities,
5. Chestnut Avenue between Commercial Avenue and Treeside Court—This project would
extend approximately 2,300 linear feet and would cost approximately$2.5 million in work
credits. Chestnut Avenue is an arterial street,
FUNDING
The City has nearly $6,2 million of work credits allocated by PG&E for qualified underground
utility conversion projects. The City may borrow another$1 million against its future allotments
to raise this to nearly$7.2 million. These work credits will be used to fund PG&E's share of the
cost to underground the distribution lines,install individual property service laterals,and convert
the properties' service panels. Rule 20A limits the service lateral installation to 100 feet from the
distribution line,but this should be adequate for the properties fi-onting Spruce Avenue.The City's
accrued Rule 20A work credit balance is sufficient to complete the estimated $2.8 million in
overhead utility conversions in the proposed Spruce Avenue Underground Utility District. (Note:
this estimate is conceptual based on the length of the corridor and may increase depending on the
amount of side street undergrounding that maybe required.The extent of this additional work will
be determined during the design phase.) Work credits are not a grant of moneys to the City, but
rather represent a limit to the amount of undergrounding work the City may direct PG&E and the
Staff Report
Subject: INTRODUCTION OF AN ORDINANCE ESTABLISHING AN
UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM
RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE
ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY
AND PRESENTATION OF A LIST OF POTENTIAL FUTURE
UNDERGROUND UTILITY PROJECTS (CIP PROJECT NO. ST 1204)
Page 7 of 7
communication utilities to undertake. The other utilities do not allocate work credits,but will pay
directly for their share of the costs of distribution lines,service laterals,and property connections.
The City has budgeted $170,000 in the fiscal year 2015/16 CIP — Rule 20A project stl 204, for
project management and construction inspection expenses. The City will need to budget for
replacement streetlights on Spruce Avenue in a future CIP budget cycle, prior to the start of the
undergrounding construction on Spruce Avenue. The City will be responsible for inspecting the
properties within the District to ensure they are up to current electrical code.Property owners are
responsible for bringing their properties up to code as a condition of receiving the new service,
The City may choose to assist,but is not required to do so. At this time,there are no other known
costs that the City will bear.
CONCLUSION
After holding the public hearing, City Council may waive the reading and introduce the attached
ordinance to initiate the process of establishing an underground utility district along Spruce
Avenue between Railroad Avenue and the north edge of Spruce Elementary School,between Lux
Avenue and Park Way. Council may then adopt this ordinance at the next regular meeting on
December 9,2015, Staff will continue to update the list of feasible sites for future undergrounding
projects upon receipt of further suggestions from Council and the public,and will seek Council's
priority preferences before beginning planning on any future projects and could be a part of the
annual Capital Improvement Program process.
By:,,' Approved: ;1. 4A
Brian McMinn Mil a t/ell
Director of Public Works/City Engineer City Manager
Attachments: Draft Ordinance
Spruce Avenue Underground Utility District Boundary Map
PG&E Rule 20A
Sample PG&E Electrical Form 79-1113
PowerPoint Presentation
2546166. 1
ORDINANCE NO,
CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA
AN ORDINANCE ESTABLISHING AN UNDERGROUND
UTILITY DISTRICT ALONG SPRUCE AVENUE FROM
RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE
ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND
PARK WAY (C IP PROJECT ST 1204)
WHEREAS, the California Public Utilities Commission ("CPUC") has authorized
electric and telecommunication utilities to convert overhead utility lines and facilities to
underground pursuant to Electric Rule 20 and Telecommunication Rule 32; and
WHEREAS, pursuant to certain criteria., CPUC rules allow participating cities and
counties to adopt legislation authorizing the creation of underground utility districts
within which existing overhead electric distribution and telecommunication distribution
and service facilities will be converted to underground facilities; and
WHEREAS, Chapter 13.16 of the City of South San Francisco ("City ) Municipal
Code authorizes the City Council, after public ublic hearing, to designate areas within which
all existing overhead poles, overhead wires and overhead equipment associated with the
distribution of electric power, telecommunication services, and cable television, should
be removed and replaced with underground wires and facilities; and
WHEREAS, the Fiscal Year 2015-2016 Capital Improvement Prograin project
st1204 calls for converting the overhead utility lines and facilities on Spruce Avenue to
underground facilities; and
WHEREAS, each year, Pacific Gas & Electric ("PG&E") notifies the City of the
annual allocation and balance of accumulated work credits and the five-year balance of
future credits that may be borrowed for conversion of overhead electric distribution lines
and facilities to underground facilities, pursuant to CPUC Rule 20A; and
WHEREAS, the City desires to establish a Spruce Avenue Underground Utility
District, extending from the north side of Railroad Avenue to the north edge of the
Spruce Elementary School, between Lux Avenue and Park Way, more particularly
described in Exhibit I attached hereto and incorporated herein by reference; and
WHEREAS, PG&E has notified the City that the City has accumulated work
credits in the amount of$6,173,446 and may borrow future work credits in the amount of
S 1,0 18,680, yielding a total of$7,192,126 in work credits that may be used for qualified
underground utility conversion projects pursuant to CPUC Rule 20A and such credits are
sufficient to complete the desired underground utility conversion project along Spruce
Avenue; and
-I-
WHEREAS, upon determining that undergrounding of utilities is in the public
interest, the City shall establish an underground utility district containing all of the
parcels within the district, as identified on a district boundary map, so that the City may
expend the accumulated Rule 20A work credits to fund the utility conversion; and
WHEREAS, the City and the affected utilities have consulted and agreed that
each utility shall complete the engineering of their respective portion of the Spruce
Avenue Underground Utility District project; and
WHEREAS, the City and the affected utilities have consulted and agreed that the
City shall be responsible for preparation of the trench profile and composite drawings,
and that the City shall be designated as "lead agent" also known as "trenching agent" to
manage trenching, installation of substructures, pavement restoration, and such other
trench-related work; and
WHEREAS, the City and the affected utilities have agreed to a work schedule
which meets their respective capabilities and have further agreed to waive any
administrative fees, costs, or special street restoration requirements for the purposes of
this project; and
WHEREAS, the City notified all affected property owners within the proposed
Spruce Avenue Underground Utility District and invited same to attend a public hearing
to discuss formation of the proposed district; and
WHEREAS, the City Council has received the staff report recommending that the
area identified in Exhibit I should be designated as an underground utility district within
which all existing overhead poles, overhead wires, and overhead equipment associated
with the distribution of electric power, telecommunication services, and cable television
should be removed and replaced with underground wires and facilities; and
WHEREAS, a public hearing was duly held on November 18, 2015 in the Council
Chambers of the City of South San Francisco, at which time all interested persons were
given an opportunity to be heard, and the City Council did consider any and all objections
or protests that were raised by the owners of property within the proposed district,
pertaining to designating this area an underground utility district; and
WHEREAS, the City Council has determined that, pursuant to Section 13.16.020
of the South San Francisco Municipal Code, the public necessity, health, safety, and
welfare requires the removal of overhead wires and overhead structures from Spruce
Avenue, between Railroad Avenue and the north edge of the Spruce Elementary School,
between Lux Avenue and Park Way, and underground installation of said wires and
facilities; and
WHEREAS, the City has consulted with the affected utilities and such utilities
have agreed that the proposed underground conversion district, designated the Spruce
Avenue Underground Utility District, as described in Exhibit 1, meets one or more of the
four qualifying criteria for Rule 20A projects established by CPUC rules, to wit,
-2-
(1) That Spruce Avenue is extensively used by the general public and carries a
heavy volume of pedestrian or vehicular traffic; and
(2) That Spruce Avenue adjoins or passes through a civic area or public recreation
area or an area of unusual scenic interest to the general public; and
(3) That Spruce Avenue is considered an arterial street as defined in the
Governor's Office of Planning and Research General Plan Guidelines; and
WHEREAS, the City Council acknowledges that wheelchair access is in the
public interest and has been considered as a basis for defining the boundaries of the
proposed district; and
WHEREAS, upon the recommendation of staff, the City Council has determined
that the proposed Spruce Avenue Underground Utility District is categorically exempt
from environmental review pursuant to the California Environmental Quality Act; and
NOW, THEREFORE, the City Council of the City of South San Francisco does
hereby ORDAIN as follows:
SEC'1`1C1N 1. Findings
The City Council of the City of South San Francisco ("City") finds that the public
interest requires the removal of all existing utility poles, (excepting those poles
supporting streetlights and traffic signals), overhead utility wires, and associated.
overhead structures, and the installation of underground wires and facilities for supplying
electric power, communication, or similar associated services within the areas as shown
in Exhibit 1, attached hereto, running along Spruce Avenue from Railroad Avenue to the
north edge of Spruce:Elementary School, with such area being designated as the Spruce
Avenue Underground Utility District ("District").
SECTION 2.. Amendments to South Sawn Francisco Municipal Code Chapter
13.16
The City Council hereby amends the following sections of the South San Francisco
Municipal Code to read as follows (with text in strip indicating deletion and double
underlie indicating addition). Sections and subsections that are not amended by this
Ordinance are not included below, and shall remain in full force and effect.
A. Revise 'South San Francisco Municipal Code Section 13.16.070 to read as
follows:
13.16.070 Notice to property owners and utility companies.
A. Within ten days after passage of an ordinance pursuant to Section 1.3.16.030,
the city clerk shall notify all affected utilities and all persons owning real property within
-3-
the area designated in the ordinance of the adoption, thereof. The city clerk shall further
notify such affected property owners of the necessity that, if they or any person
occupying such property desire to continue to receive electric, communication or other
similar or associated service, they or such occupant shall execute Rig=ht of Entry
ggr�LgMQLits to allow City insMc
tors to verify that the electric and coLnmunication
facilities owned by the are compliant with current code.
........... _Jg
allow the unlit coax
panies to construct service laterals and=gL�oml(� el conversions
................ �tq
�4n
as:=pfevide-a4 necessary facility changes on their premises so as to receive such service
from the lines of the supplying utility or utilities at a new location, subject to applicable
rules, regulations and tariffs of the respective utility or utilities on file with the
Commission,
B. Notification by the city clerk shall be made by mailing a copy of the
ordinance adopted pursuant to Section 13.16.030, together with a copy of the ordinance
codified herein, to the affected utilities and to affected property owners as such are shown
on the last equalized assessment roll of the county of San Mateo.
B. Revise South San Francisco Municipal Code Section 13.16.090 to read as
follows:
13.16.090 Responsibility of property owner—Notice.
U on receipt of notice by the Cityflig-person owning, operating. leasing or
renting the property sh roy e executed Wight of Entry ag, nts to allow the City to
------ re
inspect the premises and to allow the utilit companies v compan access to install aAll underground
................................
construction and conduits, conductors and associated equipment necessary to receive
utility service between the service facilities referred to in Section 13,16,080 and the
service facilities in the building orstructure being served,sha4l be preN,.�Aedd by the pers
g' Oplefati-ig, subject to applicable rules, regulations
and tariffs Of the respective utility or utilities on file with the Commission.
—------. Before any connection to the new under
-------------- grounded utilities ni Y occur,the DroD ertv
owner shall correct anv-deficiencies that are out of compliance with current electrical or
building-cWe, requirements with.-Le ard to the premise's service van tern,el wiring
and other facilities located on the property. Additionallv. the I )�O
---........................... 2 - y owner shall have
installed all electrical facilit wchan es on the premises necessar to receive service from
the uilliy:s gnderground facilities. The propgrty-Qwner shall thereafter own the newly
installed underground service Laterals and converted service s. If the above is not
accomplished by any person within the time provided for in the ordinance adopted
pursuant to Section 13.16.030, the city engineer shall give notice in writing to the person
in possession of such premises, and a notice in writing to the owner thereof, to provide
4:'--.1
the required access and/or correct anv deficiencies —de-ggeeiifld .—ItILWO within ten days
after receipt of such notice.
C. Revise South San Francisco Municipal Code Section 13.16.110 to read as
follows:
-4-
13.16.110 Notice—Contents.
The notice given pursuant to Section 13.16.090 shall particularly specify what
4.0.ions arewofk4s-required to be done-h__tk_T and shall state that if these
_ _
actions are-ors not completed within ten days after receipt of such notice,, the city
engineer will provide such required underground facilities, in which case the cost and
expense thereof will be assessed against the property benefited and become a lien upon
such property.
D. Revise South San Francisco Municipal Code Section 13.16.090 to read as
follows:
1316.110 Performance of work by city—Assessment.
If upon the expiration of the ten-day period specified. in Section 13.16.110, the
required Right of Entry Agreem.,Qats eiider-ground A",1,*,�,*__
have not been provided b
...........Right
property owner, the city engineer shall forthwith proceed to do the work; provided,
however, if such premises are unoccupied and no electric or communication services are
being furnished thereto, the city engineer may, in lieu of providing the required
underground facilities, order the disconnection of all existing connections used for
furnishing electric and communication services to such premises. Upon completion of the
work by the city engineer, be shall file a written report with the council setting forth the
fact that the required underground facilities have been provided and the cost thereof,
together with a legal description of the property against which such cost is to be assessed.
The council shall thereupon fix a time and place for hearing protests against the
assessment of the cost of such work upon such premises, which time shall be not less
than ten days thereafter.
SECTION 3. Under grounding of Utilities in the District
A. The affected utility companies, cable television services, and other
affected services shall commence work on installation of underground facilities in the
.District and, as each phase Of the project is complete and ready for conversion from
overhead to underground utility facilities, all fronting property owners shall be notified
by first class letter, postage pre-paid, of the schedule for conversion of all utility service
lines.
B. Pacific Gas & Electric ("PG&E") shall use the Rule 20A underground
conversion allocation computed pursuant to decisions of the California Public Utilities
Commission ("CPUC") for the purpose of providing to each premises requiring it in the
District a maximum of one hundred (100) feet of individual electric service trenching and
conductor, as well as backfill, paving and conduit, if required, and each other utility
serving each property shall provide service trenching and conductor in accordance with
its rules and tariffs on file with the CPUC or as required by its Franchise Agreement with
the City of South San Francisco.
C. PG&E shall use said underground conversion allowance allocation to
manage the conversion of the electric service panels in the District, up to a maximum
-5-
amount of $1,500 per service entrance excluding permit fees. The City shall request that
PG&E manage the conversion of electric service panels in the District to accept
underground service in accordance with the option unade available by PG&E in its
"Agreement to Perform Tariff Schedule Related Work - Mule 20A Electric Panel Service
Conversion" (Form 79-1113) and use Rule 20A credits for any remaining expense. Each
property owner shall be responsible for maintenance of the conduit and termination box
located on, under, or within any structure on the premises served.
D. Owners of property within the District affected by the undergroundi:ng
project shall additionally be responsible for correcting any existing violations of the City's
electrical code with regard to their electrical panel and downstream facilities and for
executing Right of Entry agreements with the City so that PG&E might connect the
premises to the new underground electrical facilities.
E. Once all services have been converted from overhead to underground, the
utility companies, cable television services and other affected services shall remove all
poles (except as specified above) and associated overhead facilities in the District.
F. The City Council does hereby establish that the date on which affected
property owners within the District must have installed on their premises all electrical
facility changes necessary to receive service from the underground facilities of PG&E and
the order to remove all poles, overhead wires and associated overhead structures and the
underground installation of wires and facilities for supplying electric communicant or
similar or associate service with the District, shall be established by a schedule determined
at the time a bid is awarded for construction of the project, as required by a phasing plan,
or by dates as may be set by a subsequent schedule, or before December 1, 2019.
G. Once all services have been converted fi°om overhead to, underground and
all related above-ground structures have been removed within the District, it shall be
unlawful for any person to erect, construct, place, keep, maintain, continue, employ or
operate any pole, overhead wire or associated overhead structure in any public street,
alley or,way within the District, pursuant to Section 1.3.1 6.040 of the 'South San Francisco
Municipal Code.
SECTION 4. Severabilit
If any provision of this Ordinance or the application thereof to any person or
circumstance is held invalid or unconstitutional., the remainder of this Ordinance,
including the application of such part or provision to other persons or circumstances,
shall not be affected thereby and shall continue in full force and effect. To this end,
provisions of this Ordinance are severable. The City Council of the City of South San
Francisco hereby declares that it would have passed each section, subsection, subdivision,
paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more
sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held
unconstitutional, invalid, or unenforceable.
SECTION S. Publication and Effective Date
-6-
Pursuant to the provisions of Government Code Section 36933, a summary of this
Ordinance shall be prepared by the City Attorney, At least five (5) days prior to the
Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall
(1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this
Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk
shall (1) publish the summary, and (2) post in the City Clerk's Office a certified cop), of
the full text of this Ordinance along with the names of those City Council members
voting for and against this Ordinance or otherwise voting, This Ordinance shall become
effective thirty (30) days from and after its adoption.
Introduced at d a special meeting of the City Council of the City of South San
Francisco held the 18 ' day of November, 2015,
Adopted as an Ordinance of the City of South San Francisco at a regular meeting
of the City Council held the 9"' day of December, 2015 by the following vote:
AYES-
NOES:
ABSTAIN:
ABSENT:
ATTEST:
City Clerk
As Mayor of the City of South San Francisco, I do hereby approve the foregoing
ordinance this day of 2015,
Mark Addiego, Mayor
2546255.1
-7-
Exhibit
, -0
City of South San Francisco
Proposed Spruce Avenue
Underground it District a
k
t 516 ,
Q
1215 R-
526 TAMARAQK1530
£415
d�
414
Ll 412
05/500
rL
pf
c � is 414
4 1 �n
rC � /
e. I
4
r
AV
411
479
3051550 .S
306 �.
r
CO
81
25 71 9
4 .
11150
A 6126
473
'501 01 503
79,
i 101 to 111
5 to 50$ 301! 08 10 l
r
1S 07 0
5 4 to 7 16 79 CQ1[4 Legend'
I 14 '.
5 Utillity district Boundary
3
Parcels in district
Other Parcels
Pacific Gas and Electric Company Revised Cal. P. Sheet No. 30474-E
San Francisco, California Cancelling Revised Cal, P.U C. Sheet No. 19012-E
U 39
ELECTRIC RULE NO. 20 Sheet 1
REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES
K PG&E will, at its expense, replace its existing overhead electric facilities with
underground electric facilities along public streets and roads, and on public lands and
private property across which rights-of-ways satisfactory to PG&E have been
obtained by PG&E, provided that:
1 The governing body of the city or county in which such electric facilities are and
will be located has:
a. Determined, after consultation with PG&E and after holding public hearings
on the subject, that such undergroundinig is in the general public interest for
one or more of the folllowing reasons;
1) Such undergrounding will avoid or eliminate an unusually heavy
concentration of overhead electric facilities;
2) The street or road or right-of-way is extensively used by the general
public and carries a heavy volume of pedestrian or vehicular traffic;
3) The street or road or right-of-way adjoins or passes through a civic area
or public recreation area or an area of unusual scenic interest to the
general public; and
4) The street or road or right-of-way is considered an arterial street or
major collector as defined in the Governor's Office of Planning and
Research General Plan Guidelines.
b. Adopted an ordinance creating an underground district in the area in which
both the existing and new facilities are and will be located requiring, among
other things, (1) that all existing overhead communication and electric
distribution facilities in such district shall be removed, (2) that each property
served from such electric overhead facilities shall have installed in
accordance with PG&E's rules for underground service, all electrical facility
changes on the premises necessary to receive service from the underground
facilities of PG&E as soon as it is available, and (3) authorizing PG&E to
discontinue its overhead service.
c. Acknowledged that wheelchair access is in the public interest and will be (N)
considered as a basis for defining the boundaries of projects that otherwise
qualify for Rule 20A under the existing criteria set forth in Section A(l)(a)
above. (N)
(Continued)
Advice Letter No: 3860-E Issued by Date Filed June 13, 2011
Decision No. Brian K. Cherry Effective Jun y 13, 1
Vice President Resolution No.
1C7 Regulation and Rates
Pacific Gas and Electric Company Original Cal. P.U.C. Sheet No. 11240-E
San Francisco, California Cancelling Cal. P.U.C. Sheet No.
U 39
ELECTRIC RULE NO. 20 Sheet 2
REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES
A. (Cont'd)
2. PG&E's total annual budgeted amount for undergrounding within any city or the (N)
unincorporated area of any county shall be allocated as follows:
a. The amount allocated to each city and county in 1990 shall be the highest of:
1) The amount allocated to the city or county in 1989, which amount shall
be allocated in the same ratio that the number of overhead meters in
such city or unincorporated area of any county bears to the total system
overhead meters; or
2) The amount the city or county would receive if PG&E's total annual
budgeted amount for undergrounding provided in 1989 were allocated in
the same ratio that the number of overhead meters in each city or the
unincorporated area of each county bears to the total system overhead
meters based on the latest count of overhead meters available prior to
establishing the 1990 allocations; or
3) The amount the city or county would receive if PG&E's total annual
budgeted amount for undergrounding provided in 1989 were allocated
as follows:
a) Fifty percent of the budgeted amount allocated in the same ratio
that the inumber of overhead meters in any city or the
unincorporated area of any county bears to the total system
overhead meters; and
�b) Fifty percent of the budgeted amount allocated in the same ratio (N)
that the total number of meters in any city or the unincorporated
area of any county bears to the total system meters,
(Continued)
Advice Letter No: 1300-E Issued by Date Filed June 7, 1990
Decision No. 90-05-032 Gordon R. Smith Effective July 17, 1990
Vice President Resolution No.
2CI and Chief Financial Officer
Pacific Gas and Electric Company Original Cal. P.U.C. Sheet No. 11241-E
San Francisco, California Cancelling Cal. P.U.C. Sheet No.
U 39
ELECTRIC RULE NO. 20 Sheet 3
REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES
A. (Cont'd)
2. (Cont'd.)
lb. Except as provided in Section 2.c., the amount allocated for undergrouinding (N)
within any city or the unincorporated area of any county in 1991 and later
years shall use the amount actually allocated to the city or county in 1990 as
the base, and any changes from the 1999 level in PG&E's total annual
budgeted amount for undergrounding shall be allocated to individual cities
and counties as foflows:
1) Fifty percent of the change from the 1990 total budgeted amount shall
be allocated in the same ratio that the number of overhead meters in
any city or unincorporated area of any county bears to the total system
overhead meters; and
2) Fifty percent of the change from the 1990 total budgeted amount shall
be allocated in the same ratio that the total number of meters in any city
or the unincorporated area of any county bears to the total system
meters.
c. When a city incorporates, resulting in a transfer of utility meters from the
unincorporated area of a county to the city, there shall be a permanent
transfer of a prorata portion of the county's 1990 allocation base referred to
in Section 2.b. to the city. The amount transferred shall be determined:
1) Fifty percent based on the ratio that the number of overhead meters in
the city bears to the total system overhead meters; and
2) Fifty percent based on the ratio that the total number of meters in the
city bears to the total system meters. II
When territory is annexed to an existing city, it shall be the responsibility
of the city and county affected, in consultation with the Utility serving the
territory, to agree upon an amount of the 1990 allocation base that will
be transferred from the county to the city, and thereafter to jointly notify
PG&E in writing. (N)
(Continued)
Advice Letter No: 1300-E Issued by Date Filed June 7, 1990
Decision No. 90-05-032 Gordon R. Smith Effective July 17, 1990
Vice President Resolution No.
3c1 Finance and Rates
Pacific Gas and Electric Company Revised Cal. P.U,C, Sheet No. 19013-E
San Francisco, California Cancelling Revised Cal. P.U.C. Sheet No, 16664-E
11 ps U39
ELECTRIC RULE NO. 20 Sheet 4
REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FAQILITlES
A. (Cont'd.)
2. (Cont'd.)
cl. However, Section 2 a, b, and c shall not apply to PG&E where the total
amount available for allocation under Rule 20-A is equal to or greater than
1.5 times the previous year's statewide average on a per customer basis. In
such cases, PG&E's total annual budgeted amount for undergrounding
within any city or the unincorporated area of.any county shall be allocated in
the same ratio that the number of overhead meters in the city or
unincorporated area of any county bears to the total system overhead
meters.
e. Upon request by a city or county, the amounts allocated may be exceeded (N)
for each city or county by an amount up to a maximum of five years'
allocation at then-current levels where PG&E establishes additional
participation on a project is warranted and resources are available. Such (N)
allocated amounts may be carried over for a reasonable period of time in
communities with active undergrounding programs. In order to qualify as a
community with an active undergrounding program the governing body must
have adopted an ordinance or ordinances creating an underground district
and/or districts as set forth in Section A.1.b. of this Rule. Where there is a (T)
carry-over or additional requested participation, as discussed above, PG&E (T)
has the right to set, as determined by its capability, reasonable limits on the
rate of performance of the work to be financed by the funds carried over.
When amounts are not expended or carried over for the community to which
they are initially allocated they shall be assigned when additional
participation on a project is warranted or be reallocated to communities with
active undergrounding programs.
(Continued)
Advice Letter No., 2280-E-B Issued by Date Filed July 31, 2002
Decision No. 02-06-027 Karen A. Tomcala Effective July 19, 2002
Vice President Resolution No E-3757 E-3767
4C2 Regulatory Relations
Pacific Gas and Electric Company Revised Cal. P.U.C. Sheet No. 16665-E
San Francisco, California Cancelling Original Cal, P.U.C. Sheet No. 11242-E
U 39
ELECTRIC RULE NO. 20 Sheet 5
REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES
A. (Cont'd.)
1 The undergrounding extends for a minimum distance of one block or 600 feet, (L)
whichever is the lesser.
Upon request of the governing body, PG&E will pay from the existing allocation (T)
of that entity for: (T)
The installation of no more than 100 feet of each customer's underground (T)
electric service lateral occasioned by the undergrounding. (L)
The conversion of electric service panels to accept underground service, up to (N)
$1,500 per service entrance, excluding permit fees. (N)
The governing body may establish a smaller footage allowance, or may (L)
limit the amount of money to be expended on a single customer's electric
service, or the total amount to Ibe expended on all electric service
installations in a particular project. (L)
(Continued)
Advice Letter No: 1930-E Issued by Date Filed October 28, 1999
Decision No. DeAnn Hapner Effective December 7, 1999
Vice President Resolution No.
5C2 Regulatory Relations
Pacific Gas and Electric Company Revised Cal. P.U.C. Sheet No, 15611-E
San Francisco, California Cancelling Revised Cal. P.U.C. Sheet No. 11243-E
U 39
ELECTRIC RULE NO. 20 Sheet 6
REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES
B. In circumstances other than those covered by A above, PG&E will replace its existing
overhead electric facilities with underground electric facilities along public streets and
roads or other locations mutually agreed upon when requested by an applicant or
applicants when all of the following conditions are met:
1. a. AIII property owners served from the overhead facilities to be removed first
agree in writing to have the wiring changes made on their premises so that
service may be furnished from the underground distribution system in
accordance with PG&E's rules and that PG&E may discontinue its overhead
service upon completion of the underground facilities; or
b. Suitable legislation is in effect requiring such necessary wiring changes to be
made and authorizing PG&E to discontinue its overhead service.
2. The applicant has:
a. Furnished and installed the pads and vaults for transformers and associated
equipment, conduits, ducts, boxes, pole bases and performed other work
related to structures and substructures including breaking of pavement,
trenching, backfilling, and repaving required in connection with the
Installation of the underground system, all in accordance with PG&E's
specifications, or, in lieu thereof, paid PG&E to do so;
b. Transferred ownership of such facilities, in good condition, to PG&E; and
c. Paid a inonrefundable sum equal to the excess, if any, of the estimated
costs, of completing the underground system and building a new equivalent (T)
overhead system.
3. The area to be undergrounded includes both sides of a street for at least
one block or 600 feet, whichever is the lesser, and all existing overhead
communication and electric distribution facilities within the area will be removed.
(Continued)
Advice Letter No: 1765-E Issued by Date Filed May 11, 1998
Decision No. 97-12-098 Thomas E. Bottorff Effective July 1, 1998
Vice President Resolution No.
6C1 Rates Account Services
Pacific Gas and Electric Company Revised Cal. P.U.C. Sheet No. 19014-E
San Francisco, California Cancelling Revised Cal, P.U.C. Sheet No. 11244-E
U 39
ELECTRIC RULE NO. 20 Sheet 7
REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES
B. (Cont'd)
4. PG&E may, when requested by the city or county and mutually agreed upon by (N)
such government entity and PG&E, iintitially fund any required engineering/design
costs for conversion projects under this section. In the even such a project I
proceeds, the requesting city or couinty shall reimburse PG&E for such I
engineering/design, costs before PG&E shall be required to commence further I
work on the project. In the event the project is not approved to proceed within
two and one-half years of PG&E's delivery of such engineering/design study, the
requesting city or county shall reimburse PG&E for its costs of such
engineering/design study within 90 days of a demand by PG&E. In the event
payment is not received PG&E shall expense such costs as an operational cost
and shall reduce the city or county's allocations provided under Section A of this
Schedule by the amount.
5. The costs of removal of the overhead poles, lines, and facilities are the
responsibility of PG&E and will be paid by PG&E. Such payments shall not (N)
operate to reduce Rule 20-A allocations,
C. In circumstances other than those covered by A or B above, when mutually agreed
upon by PG&E and an applicant, overhead electric facilities may be replaced with
underground electric facilities, provided the applicant requesting the change pays, in
advance, a nonrefundable sum equal to the estimated cost of the underground
facilities less the estimated net salvage value and depreciation of the replaced
overhead facilities. Underground services will be installed and' maintained as
provided in PG&E's rules applicable thereto.
D. The term "underground electric systeim" means an electric system with all wires
installed underground, except those wires in surface mounted equipment enclosures.
Advice Letter No: 2260-E-B Issued by Date Filed July 31,2002
Decision No. 02-06-027 Karen A. Tomcala Effective July 19, 2002
Vice President Resolution No, E-3757 E-3767
7 C 1 Regulatory Relations
Pacific Gas and Electric Company Revised Cal. P.U,C. Sheet No. 32145-E
San Francisco, California Cancelling Original Cal. P.U.C. Sheet No. 28920-E
u 39
Electric Sample Form 79-1113 Sheet 1
Agreement to Perform Tariff Schedule Related Work (T)
Rule 20A Electric Panell Service Conversion (T)
Please Refer to Attached
Sample Form
Advice Letter No: 4141-E Issued by Date Filed November 15, 2012
Decision No, 11-05-018 Brian K. Cherry Effective November 15,2012
Vice President Resolution No.
1 cio Regulatory Relations
F ���G��d ���Z� REFERENCES REFERENCES D��� _ mr__, �������V M
Pm#�
� Division(Original)
� AGREEMENT TO PERFORM TARIFF � Acctg.yervices Project wg,�___
SCHEDULE RELATED �������� ~ RULE
~°��. �~_��~�~�w� m�m~�,r� p ���� ����m�un
20A ELECTRIC PANEL SERVICE
� ��������������U����
~��~m� � ��u^��:��n�
Cny/Countywf (Applicant) has requested PACIFIC GAS AND ELECTRIC COMPANY, a California
|
corporation(PG&E)to perform the tariff scheduled related work as located and described herein.
Electric Panel Service Conversion Program:
/
In order 1m expedite the completion of Rule 2VA Projects, PG&E has offered oo manage the electric service conversions, and
pay for this work from the Applicant's allocation funds. The underground electric feed that replaces the existing overhead
service will be installed in the most economical manner possible,as determined hyPG&E, Tn ensure the success ofthis
program, the Applicant agrees to support the Electric Panel Samioa Conversion Program as follows:
Responsibilities of the Appllicant:
1 Provide accurate list of owner, parcel#^address, phone number.
2. Mail informational letters 1oall residents describing the program and their responsibilities.
a. PG&E will provide templates for these letters.
1 Obtain Right of Entry agreements from property owners prior to scheduling construction.
w. PG&E will provide the document for each property owner to complete and sign.
4 Provide e liaison for residents and property owners to contact with questions.
G. Waive permit fees.
6, Waive Inspection fees.
7, Facilitate a preliminary job walk with the liaison, building inspector and others.
a. Review PG&E'a intended placement uf new equipment required for conversions.
b. Clarify the inspection and permit requirements and timing, if necessary,
8. Provide information enabling the field crews to determine the location of property lines,
0� Disclose all special circumstances
a. For example: historic buildings, hazardous materials, environmental issues, burial grounds and other items that
may affect the owarhoadfm-unde,Qround conversion.
10 Communicate with the property owners if additional work beyond the conversion will be required.
o. PG&E will pay for the work required tw replace the existing overhead electric feed with a new underground feed
only. The cost of any additional work required to bring the property up to current codes will be borne by others
(property owner orApp0oani).
b. The Applicant will communicate to the property owner all items that must be brought up to code in a timely
manner, and all code issues will be managed by the Applicant.
11. Disclose work hours and days.
Automated Document,Preliminary Statement,Part A Page 1vra
Form 79-1113
*uv|000a4a-ow141-c
November 2012
AGREEMENT TO PERFORM TARIFF SCHEDULED
1"o Pacific Gas and RELATED WORK - RULE, 20A IEL ECTRIC PANEL
1"Jectric corplpi'Iay
111.1ll,l.-",- ""--- -, - SERVICE CONVERSION
12. Agree prior to construction regarding the required notifications to residents and property owners.
13. Failure to complete the above requirements may result in construction delays.
PROJECT NAME:
LOCATION CALIFORNIA
City:
Executed this day of 2➢_
This agreement is effective when accepted and executed by PG&E.
PACIFIC GAS AND ELECTRIC COMPANY
CustomeCCompany
Authorized by(Print) Authorized by(Print)
Signature Signature
Title Title
Date Date
Mailing Address:
City/County of
Automated Document,Preliminary Statement,Part A Page 2 of 2
Form 79-1113
Advice 3343-G/4141-E
November 2012
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