HomeMy WebLinkAbout2018-07-25 e-packet@6:00Wednesday, July 25, 2018
6:00 PM
City of South San Francisco
P.O. Box 711 (City Hall, 400 Grand Avenue)
South San Francisco, CA
Municipal Services Building, Council Chambers
33 Arroyo Drive, South San Francisco, CA
Special City Council
Special Meeting Agenda
July 25, 2018Special City Council Special Meeting Agenda
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, July
25, 2018, at 6:00 p.m., in the City Council Chambers, Municipal Services Building, 33 Arroyo Drive, South
San Francisco, California.
Purpose of the meeting:
Call to Order.
Roll Call.
Agenda Review.
Public Comments - comments are limited to items on the Special Meeting Agenda.
ADMINISTRATIVE BUSINESS
Report regarding a study session on a proposed residential parking permit program.
(Justin Lovell, Public Works Administrator, Public Works Department)
1.
Report regarding a resolution approving an amendment to the Consulting Services
Agreement with Wittman Enterprises, LLC, in an amount not to exceed $280,000 and
approving Budget Amendment No. 19.002 increasing the Fire Department operating
budget in the amount of $75,000. (Richard Walls, Emergency Medical Services Chief)
2.
Resolution approving an amendment to the Consulting Services Agreement with
Wittman Enterprises, LLC. in an amount not to exceed $280,000 and approving
Budget Amendment No. 19.002 increasing the Fire Department operating budget in
the amount of $75,000.
2a.
Report regarding a resolution approving a consulting services agreement for the Wet
Weather and Digester Improvements Project at the Water Quality Control Plant with
Carollo Engineers of Walnut Creek, California in an amount not to exceed $3,954,860,
authorizing a total construction management budget of $4,350,346, and authorizing the
City Manager to execute the agreement(Eunejune Kim, Director of Public Works,
Richard Cho, Senior Civil Engineer and Brian Schumacker, Plant Superintendent)
3.
Resolution approving a consulting services agreement for the Wet Weather and
Digester Improvements Project at the Water Quality Control Plant with Carollo
Engineers of Walnut Creek, California in an amount not to exceed $3,954,860,
authorizing a total construction management budget of $4,350,346, and authorizing the
City Manager to execute the agreement.
3a.
Page 2 City of South San Francisco Printed on 8/31/2018
July 25, 2018Special City Council Special Meeting Agenda
Report regarding a resolution approving a consulting services agreement with
Metropolitan Planning Group of Campbell, California for staff augmentation services
in an amount not to exceed $130,000, authorizing the City Manager to execute the
agreement, and authorizing a total budget of $130,000. (Tony Rozzi, Principal
Planner)
4.
Resolution approving a consulting services agreement with the Metropolitan Planning
Group of Campbell, California for staff augmentation services in an amount not to
exceed $130,000, authorizing the City Manager to execute the agreement, and
authorizing a budget of $130,000.
4a.
Adjournment.
Page 3 City of South San Francisco Printed on 8/31/2018
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:18-522 Agenda Date:7/25/2018
Version:1 Item #:1.
Report regarding a study session on a proposed residential parking permit program.(Justin Lovell,Public
Works Administrator, Public Works Department)
RECOMMENDATION
It is recommended that the City Council of the City of South San Francisco review and provide direction
on the proposed residential parking permit program.
BACKGROUND/DISCUSSION
In September 2002,the City Council adopted an ordinance adding Chapter 11.70 regarding preferential parking
areas to mitigate concerns of overflow BART parking.As a result,the City established a preferential parking
area in Buri Buri,Sunshine Gardens and the Promenade neighborhoods.The preferential parking rules allow
vehicles without a permit to park for three hours.Vehicles with a permit can park for up to 72 hours without
moving.
In late 2014,concerns about residential parking prompted the Police Department to conduct a study in January
and February 2015 to examine the effectiveness of the preferential parking area in the Buri Buri,Sunshine
Gardens,and Promenade neighborhood.In May 2015,the Police Department and Public Works Department
found that that there was no issue with BART overflow parking in the preferential parking area as the majority
of vehicles chalked were owned by residents of the neighborhood.
At the March 6,2017 City Council retreat,issues regarding residential parking were identified.Public Works
staff agreed to revisit the creation of the residential parking permit program to mitigate residential parking
concerns.On May 9,2017,residents from the Historic Old Town Homeowners/Renters Association
(HOTHRA)attended the Parking Place Commission meeting to address their concerns about parking within
their neighborhood.
Staff met with the Environmental Subcommittee of the City Council,consisting of Councilmembers Gupta and
Addiego on May 30,2017,to review the proposed residential parking permit program.At the conclusion of the
meeting,the Environmental Subcommittee directed staff to continue studying neighboring cities’existing
programs to determine what best suits the residents of South San Francisco.
Since May 2017,staff has not yet found a solution to free up on-street parking in residential neighborhoods.
The concerns and drawbacks to establishing a residential parking permit program (RPPP) are as follows:
·The program will not solve neighborhood parking problems.
·The BART overflow parking study showed that the majority of vehicles parked in the neighborhood are
owned by residents in the neighborhood.
·A RPPP zone may create parking competition as the program will not reserve spaces and all spaces on
the street are public parking.
·Some neighborhoods who want the RPPP may not qualify.
·It could take eight to twelve months working with the neighborhood and conducting surveys to establish
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a RPPP zone.
Residential Parking Permit Framework
Staff created the draft RPPP in response to the parking concerns raised.The RPPP,included as Attachment 1,is
a framework that requires neighborhood participation and the identification of a parking impact generator,such
as a high school,transit station,shopping district,hospital,etc.The RPPP is intended for use in single family
and multi-family neighborhood areas to restrict parking to a maximum of two hours unless a residential parking
permit is displayed.The draft RPPP requires that the following requirements are met prior to establishing a
RPPP zone:
·Parking impact generator -A non-residential parking impact generator must be identified that creates a
parking overflow into the proposed residential parking permit neighborhood.
·Determination of parking permit program zone -A parking utilization survey will be used to set the
boundaries of the residential parking permit program zone.
·Demonstration of community support through signed petitions or support letters from HOAs.
·Neighborhood survey distributed by the City must have 50%or more response rate,and a 67%support
level from those returning the survey.
During the process,staff will work with the neighborhood to make a recommendation on whether the Public
Works Director should approve or deny the request for a RPPP.If the request for a RPPP zone is approved,staff
will mail letters to the residents within the proposed permit parking area to inform them of the results and
notifying them of the new requirements for on-street parking within the RPPP area.Residents will have thirty
calendar days to appeal the decision of the Public Works Director.The appeal process will be explained in the
letter.If the request for a RPPP is denied or terminated,a second study of the same or similar study area may be
conducted again after twelve months,unless there is significant,identifiable change in parking characteristics
as determined by the Public Works Director.Subsequent studies of the same general area are subject to the
same requirements and procedure as the initial study process.
Administration of RPPP
There are costs associated with the development,implementation,administration and expansion of parking
enforcement for residential permit-parking program zones.Staff estimates that the cost to review and establish
a RPPP will be approximately $9,000-$14,000 per neighborhood.The costs for implementation include
approximately 60-80 hours of staff time in addition to the parking utilization study.
Recently,City Council approved part-time Police Service Technician (PST)positions for the Police
Department.Pending Police Department direction,some PST hours may be directed to enforcement of a RPPP.
If the PST hours available are not sufficient for providing back up enforcement,an additional parking
enforcement officer would be required.The approximate annual cost is $100,000 plus a one-time cost of
$60,000 for an enforcement vehicle.
The initial increase in staffing would ensure adequate parking enforcement resources are established for each
RPPP zone.For every additional 2,500 residential parking permits issued,one parking enforcement officer and
enforcement vehicle are needed.Public Works will administer the issuance of permits by using Parkmobile,the
online permit portal that is used for downtown parking permits.Additionally,as part of the implementation of
the RPPP,costs of purchasing and installing signs in the affected neighborhood could take staff three months or
more due to limited staff bandwidth and a high number of other high priority projects.Contracting out for the
installation of signs in a RPPP zone could cost between $10,000-$30,000.
Areas for Consideration
In addition to seeking input on the RPPP framework,staff seeks direction on setting the number of permits
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In addition to seeking input on the RPPP framework,staff seeks direction on setting the number of permits
available per household,whether or not to treat single-family units and multi-family units the same when
determining the number of permits being issued,and setting a cap on total number of permits issued per
parking permit area and direction on visitor permits.
Staff recommends that a cap of three permits be issued per household on a bi-annual basis at a cost of $25 per
permit. One visitor permit per household will be issued, if requested for the permit period.
Modifications to Municipal Code 11.70 Preferential Parking Areas
If City Council decides to move forward with a RPPP,staff would return to City Council for the approval of
modifications to the municipal code,Chapter 11.70.Staff will work with the City Attorney’s office to draft
modifications to Chapter 11.70 of the municipal code.
FUNDING
The estimated start-up cost for the first RPPP is estimated to be $45,000.There will be the ongoing costs of a
parking enforcement officer and the operations and maintenance of an enforcement vehicle.For each additional
RPPP zone established,the estimated costs are between $9,000 and $14,000,plus the cost of installing signs.
There is no funding set aside for this program and would most likely come from the general fund.
CONCLUSION
Staff recommends that City Council review the proposed Residential Parking Permit Program and provide
direction to staff on its implementation.
Attachment 1:Draft Residential Parking Permit Program
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City of South San Francisco
Residential Parking Permit Program
Policy and Procedures
Draft June 20, 2018
Residential Parking Permit Policy and Procedures
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RESIDENTIAL PARKING PERMIT PROGRAM
CONTENTS
Purpose Page 3
Residential Parking Permit Policies Pages 4‐5
Program Requirements Page 6
Procedures Page 7
Residential Parking Permits
Types of Permits
Eligible Exceptions for Parking Permit Hangtag
Fee for Residential Parking Permits
Misuse of Residential Parking Permit
Fine Amount
Pages 9‐10
Process of Program Removal Page 11
Frequently Asked Questions Page 12
Drawbacks with ‘Residential Only’ Parking Page 14
Sample RPPP Request Form Page 15
Sample Neighborhood Petition Form Page 16
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PURPOSE
The City of South San Francisco is committed to preserving livable and attractive
neighborhoods. One issue that may cause deterioration of neighborhoods is the excessive
parking of non‐resident vehicles on residential streets for extended periods of time. A system
of preferential resident parking serves to reduce this strain on the residents of these
neighborhoods. The intent of this Residential Parking Permit Program (RPPP) is to allow
residents to park on‐street in their neighborhood while restricting long‐term parking by non‐
residents.
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RESIDENTIAL PARKING PERMIT POLICIES
All residential parking permit programs shall follow a set of policies that are consistent from
one program area to the next. This includes program area limits, enforceable times, and
implementation practices.
The implementation of a Residential Parking Permit Program does not guarantee
the availability of parking spaces on a public street, or within a specific
neighborhood. Because more parking permits may be issued than there are
available on‐street parking spaces, the program may create an environment of
natural competition for on‐street parking among neighborhood residents without
the influence of long‐term non‐resident parking.
The program allows for any resident or non‐resident to park on‐street during the
restricted hours for a maximum of 2‐hours unless a residential parking permit is
displayed. “No Parking”/”Permit Parking Only” zones may be permitted, when
appropriate, next to schools.
The Residential Parking Permit Program is intended for use in single family and
multi‐family neighborhood areas. The program is not intended for use in area or
streets where there is a mix of commercial and residential use. For the purpose of
this program, mixed‐use is defined as areas with both commercial and residential
land uses where shared use of existing on‐street parking is expected.
Program enforcement hours will be determined based on the type of parking impact
generator. This will provide for consistency among residential parking permit areas,
and simplify enforcement of the program times.
Unless otherwise approved by the Public Works Director or designee, parking
restrictions within residential parking permit areas must be consistent from corner
to corner on all streets to prevent “spill‐over” or shifting of an on‐street parking
problem to an adjacent non‐restricted area. Half block segments may be approved
by the Public Works Director.
Limits of the parking permit neighborhood will be determined based on the
potential of parked cars to overflow and impact adjacent streets. This will be done
through a collaborative process involving both the applicant and Public Works
traffic engineering staff. The final limits of the parking permit program area will be
determined by the Public Works Director, whose decision is final unless appealed.
Parking permit holders will be issued permits to park along any street within the
limits of their residential parking permit neighborhoods area.
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Parking permits will be issued to any car registered at an address within a permit
parking area.
Any work‐type commercial vehicle, displaying a commercial license plate, that is
actively performing work for a property within the limits of a residential parking
permit program zone, may park on‐street in front of the subject property without
the need for a residential parking permit, and will not be cited.
Parking permits are not intended for use at metered parking spaces within business
districts or retail areas. This includes the Downtown area.
For downtown residents, residential parking permits are not intended for use
within designated parking lots. Downtown parking permits area available for
purchase at the City Hall Finance Department counter or online at
https://bit.ly/SSFpermits.
Vehicles displaying parking permits are subject to all other parking restrictions
including 24‐minute spaces, white passenger loading zones, yellow loading zones,
handicap spaces and red zones.
Displaying a residential parking permit does not exempt the vehicle from the City’s
ordinance which requires a car, parked within a public right of way, to be moved
every 72 hours.
To process a request for implementation of a residential parking permit program, a
parking impact generator must exist. This program is not intended to restrict or
limit the amount of residential vehicles that may park on‐street within a given
neighborhood.
Any parking permit may be revoked if used contrary to the provisions of this policy.
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PROGRAM REQUIREMENTS
The following are required to implement a residential parking permit program:
1. Parking Impact Generator Identification – A non‐residential Parking Impact Generator
must be identified that creates a parking overflow into the proposed residential parking
permit neighborhood. The parking impact generator may be a school, business,
commercial district or commercial use.
2. Determination of Parking Permit Program Zone – A parking utilization survey will be
used to set the boundaries of the residential parking permit program zone. The survey
will be conducted between 8:00 a.m. and 6:00 p.m., Tuesday through Thursday, and be
on a day the community has identified as a typical problematic parking day. From the
parking survey, a map will be generated showing the level of on‐street parking. Street
segments will be identified showing >75% parking, between 65% ‐ 75% parking, and
<60% utilization of on‐street parking spaces. Staff will use this information to
determine the limits of the parking permit zone. Street segments having <60% parking
utilization will not be considered for inclusion in the parking permit zone. Other factors
may also be considered by staff including street topography and the potential for
parking creep directly adjacent to a new signed parking permit program area. Half
block segments may be approved by the Director of Public Works based on topography
or length of street, or if the parking utilization study shows that it is justified. The
decision of the Public Works Director is final.
3. Community Support – There are a number of optional tools that can be used to generate
neighborhood support for the implementation of a residential parking permit program.
These include:
A neighborhood meeting
Circulation of a resident petition
Submittal of Homeowners’ Association letters of support
These tools are optional and at the discretion of the applicant. It is ultimately the
responsibility of the applicant to generate sufficient community support that can be
demonstrated to the Director of Public Works through a survey. Staff will work with the
applicant to determine which options may be used to generate an adequate level of
support.
4. Neighborhood Survey – For staff to recommend approval for the residential permit
parking program to the Public Works Director, the neighborhood survey, distributed by
the City, must have 50% or more response rate, and a 67% support level from those
returning the survey.
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PROCEDURES
PROGRAM DEVELOPMENT
Residential parking permit program development must be consistent with all policies as
defined above. The recommended procedures presented below provide for consistent parking
permit program development from one neighborhood to the next. Staff has the flexibility to
modify the following procedures when it is appropriate.
1. A residential permit parking program is requested by a South San Francisco resident
through the Public Works Administration Division. The application includes the
requested streets to be included in the residential parking permit area.
2. Through discussion with the applicant, day and time limits of the proposed program
will be identified. Days and times of enforcement will be established to reflect the
nature of the parking impact generator and to provide consistency and ease of
enforcement by our South San Francisco Police Department.
3. A neighborhood meeting is optional. The applicant may request a neighborhood
meeting to present the components of the Residential Parking Permit Program to the
requested neighborhood area.
4. A neighborhood petition is optional. The applicant may circulate a City provided
petition to provide outreach to the community or to demonstrate support for the
implementation of the residential parking permit program. Only one signature is
needed per dwelling unit. Each house, apartment or condominium will be considered a
dwelling unit.
5. A support letter from the area’s Homeowners’ Association is optional. The applicant
may demonstrate the support of their Homeowners’/Neighborhood Association (if one
exists) through the submittal of a letter of endorsement from that group. That letter of
support will be considered by the Public Works Director during deliberation of the
requested zone.
6. Staff will prepare a survey to determine resident support for the requested residential
parking permit area. The survey will be distributed by the City to all residents in the
proposed RPPP area.
7. The Public Works Director will approve or deny a request for a residential parking
permit area based on the preponderance of information gathered during the RPPP
evaluation process. The decision of the Director of Public Works is final unless appealed
to the Parking Place Commission.
8. If the request for permit parking is approved by the Director, staff will draft and mail a
letter to the residents within the proposed permit parking area to inform them of the
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public hearing results. The letter will also notify them of the new requirements for on‐
street parking within the parking permit program area.
9. Residents will have thirty (30) calendar days to appeal the decision of the Public Works
Director following mailing of the notification of Director action. Submitted appeals
shall:
a) Be in writing
b) Provide grounds for the appeal
c) Identify specific actions being appealed (parking time limits, hours of
enforcement, zone boundaries, etc.)
d) Include a recommended alternative action
e) Provide a petition of surrounding residents in support of the appeal action
Appeals will be heard by the Parking Place Commission at the next available meeting.
10. If the request for permit parking is denied or terminated, a second study of the same or
similar RPPP study area will not be conducted for a minimum of twelve months unless
there is a significant, identifiable change in parking characteristics as determined by the
Public Works Director. Subsequent studies of the same general study area will be
subject to the same requirements and procedures as the initial study process.
11. As the parking permits are valid for two years, a letter is sent out by staff every other
year notifying all residential parking permit holders of the need to renew the parking
permit before the end of the calendar year. Parking permits may be renewed in person
at the Corp Yard, or by the online permit.
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RESIDENTIAL PARKING PERMITS
Types of Permits
Residential Parking Permit Hangtag – Parking permit hangtags are issued to residents
within the RPPP area. These permits allow residents to park on the street during the
posted RPPP time restrictions.
Parking permits are issued as hangtags to be affixed to the resident’s vehicle. The
residential permit is valid for two calendar years and is available from the Public
Works Department.
The number of permits that may be issued to either a single‐family household or a
multi‐family residence is unlimited. It is understood that a greater amount of
parking permits may be issued than there are available on‐street parking spaces.
This may create an environment of natural competition for on‐street parking
between neighborhood residents without the influence of long‐term non‐resident
parking.
Parking permits may be issued only for passenger non‐commercial and passenger
commercial (i.e., SUV’s, small pick‐up trucks, etc.) vehicles registered to residents
residing within the residential parking permit area. Vehicles defined as oversized by
the such as commercial trucks, boat trailers, RV’s (camping trailers, motor homes,
etc.), trailers and work‐type commercial vehicles, including taxis and limousines, are
not eligible for residential parking permits through the residential parking permit
program.
The resident is responsible for acquiring a new permit by the first day of the new
two‐year permit cycle year (January 1). There is typically a 30‐day grace period at
the beginning of the two‐year permit cycle during which the Police Department will
issue warnings. No other grace period (i.e., new resident to area, new car, etc.) is
available during the two‐year parking permit cycle.
The requirements to obtain a parking permit as a resident are:
o A completed application form in the residents’ name and address.
o A current DMV vehicle registration for each vehicle the applicant is
requesting a parking permit.
o Proof of residency/ownership in the residents/owners name reflecting the
permit address in the permit area. Acceptable proof of residency shall be a
driver’s license, the vehicle registration, a utility bill, car insurance policy,
lease agreement or a preprinted personal check with the resident’s name and
address.
Visitor Parking Permits – Visitor permits are issued to residents within the RPPP area for
use by short‐term guests so they may park on the street with the same parking rights as a
resident of the RPPP area.
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Household visitor permits are issued as rear view mirror hangers, and must be displayed
from the rear view mirror to be valid. Household visitor parking permit hangers are
transferable, and may be placed on any vehicle that would be eligible to use a parking
permit hangtag.
Any residence, either single‐family or multi‐family, eligible to obtain a residential parking
permit may obtain a household visitor parking permit hanger. Only one (1) visitor parking
permit hanger may be issued per household. Lost or damaged visitor permits may be
replaced at the discretion of City Staff. This household visitor parking permit is valid for the
same two‐years as a permanent resident parking permit. This household visitor parking
permit is only intended to be used by visitors. Use of the household visitor parking permit
by a resident is not permitted, and may result in the issuance of a citation and/or
confiscation of the visitor permit.
Eligible Exception for a Parking Permit Hangtag
Company Cars – A residential parking permit hangtag may be issued for residents who
have company cars as their primary transportation vehicle. To obtain a permit, the person
must be a legal resident within the residential permit parking area who has a motor vehicle
for his/her exclusive use and under his/her control where said motor vehicle is registered
to his/her employer and he/she presents a valid employee identification card or other
proof of employment that is acceptable to the City.
Leased Cars – A residential parking permit hangtag may be issued for a resident who has
leased a car. To obtain a permit, the person must be a legal resident within the residential
permit parking area who has a motor vehicle registered to a vehicle‐leasing company.
Fee for Residential Parking Permits There will be a fee of $25 for the issuance of any
residential parking permit.
Misuse of Parking Permit
Any person selling, fraudulently using, reproducing or mutilating a parking permit issued
in conjunction with the residential parking permit program shall be guilty of an infraction
and shall be subject to a citation for each offense and the forfeiture of all permits in conflict,
or such other fine or penalty as the City Council may set by ordinance.
Fine Amount
The fine for violation of the Residential Parking Permit Program regulations is set within
the City’s Master Fee Schedule.
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PROCESS OF PROGRAM REMOVAL
The process to remove a residential parking permit program is similar to a program
development. The procedures presented below provide for consistent parking permit program
removal.
1. A RPPP area, or part thereof, may be removed from the permit parking program by
the Public Works Director pursuant to:
A valid request from the affected residential parking permit neighborhood,
and a City provided petition from that neighborhood indicating support from
at least 67% of respondents in the area wishing to be removed from the
RPPP.
A determination by the Public Works Director that removal from the RPPP is
either in the community interest, or is in the interest of public safety.
2. Once the petition for removal is received by staff, a survey of the area is prepared
and distributed to the neighborhood. Similar to the program development process,
50% of the residents surveyed within the area requesting removal from the RPPP
must respond, and of those responding 67% must support removal from the permit
program for staff to recommend removal of the program to the Public Works
Director.
3. If the survey is successful, the Public Works Director will review the request and
make a determination regarding removal of the parking permit area. The affected
neighborhood is notified of the Director’s determination. The action of the Director
can be appealed to the Parking Place Commission. The appeal must be submitted
within 30 days of the Director’s determination. Information required as part of the
appeal shall be as described for appeal of a new parking permit area request.
4. If the request for removal is approved by the Public Works Director, the
neighborhood is notified of the decision, and the RPPP signs are removed following
the 30 day appeal period. There shall be no cost to the residents associated with
removing an area from the RPPP.
5. If an existing RPPP area is revoked, any request for reinstatement shall be subject to
the same process as that of a new RPPP area, and if approved the neighborhood
shall be assessed the total cost of all related staff activities including permit printing
costs, distribution cost and all resigning costs.
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RESIDENTIAL PARKING PERMIT PROGRAM
FREQUENTLY ASKED QUESTIONS
What is a Residential Permit Parking Program (RPPP)?
The City of South San Francisco will implement a residential permit parking program as a
remedy for neighborhoods that are impacted by long‐term on‐street overflow parking from
sources (called parking impact generators) outside the neighborhood. These parking
impact generators include some high schools, business complexes and commercial areas.
This program is intended to deter long‐term on‐street parking; however short‐term 2‐hour
parking will be permitted within any RPPP area for non‐permitted vehicles.
Implementation of a RPPP area is a way to give residents of a designated area a better
chance to park near their homes. It is not intended to designate a specific parking space
along a property frontage. An RPPP area involves the posting of parking time limits or
parking restrictions from which local residents are exempt if a valid permit is properly
displayed within their vehicle. Residents within an approved parking permit neighborhood
may obtain a parking permit to display on their car that will allow them to park for more
than two hours along their neighborhood street. Any car registered to an address within a
permit parking neighborhood is eligible to utilize a parking permit. The number of parking
permits issued per property is unlimited.
Where are RPPP areas allowed?
Residential Parking Permit Programs are allowed within residential neighborhoods whose
on‐street parking ability is impacted by parked cars from non‐residents, or parking impact
generators.
Why is a policy and procedures document necessary?
The purpose of this document is twofold. The first reason to create a policy and procedures
document is so that all parking programs are consistent. For a residential permit parking
program to be effective it is essential that it can be enforced. One factor that increases the
ability for the Police Department to enforce parking restrictions in an area is program
consistency. Programs should be consistent from one area to another within the City.
Secondly, this document serves as a tool to establish criteria and process expectations for
both staff and the community while helping to define a collaborative process.
Are residents who live in a RPPP area required to obtain parking permits?
Obtaining a parking permit is purely optional. You may decide to obtain a parking permit
which will allow you to park on the street during restricted hours, or you may decide not to
obtain a parking permit and be subject to the on‐street parking restrictions of the street.
How long does it take to establish a new RPPP area?
It can take several months to establish a new area. Depending on the size of the impacted
area, the overall process from initial request to sign installation could take eight to twelve
months or longer.
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Can I use my parking permit to park in any of the posted RPPP neighborhoods?
Each parking permit issued will be for a specific RPPP neighborhood or area. With the
appropriate parking permit, you may park within the boundaries of that specific RPPP area
only. Parking for a period of time greater than that posted, in an area other than that
designated by your parking permit, may result in your vehicle receiving a citation. The
RPPP cannot guarantee or reserve the permit holder a parking space within a designated
residential parking permit program area.
How are the restrictions enforced?
The Police Department will issue citations to vehicles that are in violation of the parking
restrictions. Enforcement is made by routine police patrols or by calling the Police
Department at (650) 877‐8900.
Can a RPPP be abolished once an area has been created?
A RPPP may be removed per the program elimination process identified in the RPPP Policy
and Procedures document. The City is notified of the request, a petition is circulated, a
survey is distributed, a public hearing is held and if successful, the signs are removed.
If you have questions or area interested in a Residential Parking Permit Program, please
call Public Works at (650) 877‐8550.
Residential Parking Permit Policy and Procedures
14
S:\Residential Parking Policy Edited: 4/2017
NEIGHBORHOOD DRAWBACKS ASSOCIATED WITH
‘RESIDENT ONLY’ PARKING
Although there are many advantages associated with a RPPP, the City would like to point
out some of the disadvantages. Please read the following information carefully while
considering the impacts of implementing a Residential Parking Permit Program in your
neighborhood.
1. The implementation of a Residential Parking Permit Program does not guarantee
the availability of parking spaces on a public street, or within a specific
neighborhood. The program creates an environment of natural competition for on‐
street parking between neighborhood residents without the influence of long‐term
non‐resident parking.
2. Creating a new RPPP area can take several months and requires a review by the
Public Works Director, and possibly the Parking Place Commission and City Council
adoption. Other alternatives to the neighborhood issue may be implemented much
quicker.
3. A city survey must illustrate support by at least 67% of the residents responding
within the proposed area. Sixty‐seven percent of the responding residents can
impose their parking desire on the other 33% of residents.
4. A parking impact generator must exist. Many neighborhoods do not qualify.
5. If you have guests that wish to stay for longer than two hours and park on the street,
you must obtain a visitor parking permit for the vehicle of your quest.
6. If you or your guest park in the street for longer than two hours without a permit,
the Police Department will issue a parking citation.
7. A residential parking permit program can be imposing to a neighborhood and create
a lot of inconvenience. These drawbacks must be weighed with the potential
benefits when considering the implementation of a program that would restrict
outside parking influences from your neighborhood.
Residential Parking Permit Policy and Procedures
15
S:\Residential Parking Policy Edited: 4/2017
RESIDENTIAL PARKING PERMIT PROGRAM REQUEST FORM
The purpose of this form is to enable neighborhoods to request the initiation of a Residential Parking Permit
Program in accordance with the City of South San Francisco’s adopted Residential Parking Permit Program Policy
and Procedures. This form must be filled out in its entirety and submitted with any request to: The City of South
San Francisco, Public Works Department, 550 No. Canal Street, South San Francisco, CA 94080
Feel free to attach additional sheets containing pictures, maps, or additional text if the space provided is
insufficient.
1. Requesting Individual’s Contact Information
Name: ___________________________________________________________________________________________________________________________
Address: ________________________________________________________________________________________________________________________
Phone Number: ________________________________________________________________________________________________________________
Email (optional): _______________________________________________________________________________________________________________
2. Please describe the nature of the overflow parking program in your neighborhood. What streets in
your neighborhood do you feel are affected by overflow parking?
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
3. Can you identify a parking impact generator that is the cause of overflow parking in the
neighborhood? Are there any facilities (churches, schools, shopping centers, etc.) near this location
that generate a high concentration of vehicle and pedestrian traffic?
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
4. Please describe how a Residential Parking Permit Program will be able to eliminate or reduce
overflow parking impacting the neighborhood:
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
5. Is there neighborhood support for submittal of this Residential Parking Permit Program application?
Have you contacted you HOA/Neighborhood Association?
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
___________________________________________________________________________________________________________________________________
Residential Parking Permit Policy and Procedures
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S:\Residential Parking Policy Edited: 4/2017
NEIGHBORHOOD PETITION FORM FOR RESIDENTIAL PERMIT PARKING
City of South San Francisco
THE UNDERSIGNED BELOW AGREE TO THE FOLLOWING:
1. All persons signing this petition do hereby certify that they reside on the following street, which being
considered for 2‐hour residential permit parking: ____________________________________________________ (Street Name)
2. All persons signing this petition do hereby agree that the following contact person(s) represent the
neighborhood as facilitator(s) between the neighborhood residents and City of South San Francisco staff in
matters pertaining to this request:
Name: _______________________________________ Address: _________________________________________ Phone#_______________________
Name: _______________________________________ Address: _________________________________________ Phone#_______________________
Name: _______________________________________ Address: _________________________________________ Phone#_______________________
ONLY ONE SIGNATURE PER DWELLING UNIT
Name (Please Print) Address Phone Number Signature
1. _________________________________ __________________________________ _________________________ _____________________________
2. _________________________________ __________________________________ _________________________ _____________________________
3. _________________________________ __________________________________ _________________________ _____________________________
4. _________________________________ __________________________________ _________________________ _____________________________
5. _________________________________ __________________________________ _________________________ _____________________________
6. _________________________________ __________________________________ _________________________ _____________________________
7. _________________________________ __________________________________ _________________________ _____________________________
8. _________________________________ __________________________________ _________________________ _____________________________
9. _________________________________ __________________________________ _________________________ _____________________________
10. _________________________________ __________________________________ _________________________ _____________________________
11. _________________________________ __________________________________ _________________________ _____________________________
12. _________________________________ __________________________________ _________________________ _____________________________
13. _________________________________ __________________________________ _________________________ _____________________________
14. _________________________________ __________________________________ _________________________ _____________________________
15. _________________________________ __________________________________ _________________________ _____________________________
16. _________________________________ __________________________________ _________________________ _____________________________
17. _________________________________ __________________________________ _________________________ _____________________________
18. _________________________________ __________________________________ _________________________ _____________________________
19. _________________________________ __________________________________ _________________________ _____________________________
20. _________________________________ __________________________________ _________________________ _____________________________
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:18-553 Agenda Date:7/25/2018
Version:1 Item #:2.
Report regarding a resolution approving an amendment to the Consulting Services Agreement with Wittman Enterprises,
LLC,in an amount not to exceed $280,000 and approving Budget Amendment No.19.002 increasing the Fire Department
operating budget in the amount of $75,000. (Richard Walls, Emergency Medical Services Chief)
RECOMMENDATION
It is recommended that City Council adopt a resolution approving an amendment to the Consulting Services
Agreement with Wittman Enterprises,LLC,in an amount not to exceed $280,000 and approving Budget
Amendment No. 19.002, increasing the Fire Department operating budget in the amount of $75,000.
BACKGROUND/DISCUSSION
On May 24,2017,the City Council approved a resolution authorizing the City Manager to execute an
agreement with Wittman Enterprises,LLC.(Wittman),for a two-year fee for services ambulance billing
agreement.The contract compensated Wittman at 4.25 percent of collected revenue for year one and 4.50
percent of collected revenue for year two.Staff carefully reviewed past billing contractor performance and set
the total,two-year not to exceed amount,for this contract at $175,000,on the basis that staff would return to
Council in the event that revenues exceeded projections and more funding was needed to sustain ambulance
billing operations.
Over the past sixteen months,Wittman has worked diligently to collect all revenue owed to the City,even
reviewing billing data from the previous billing provider,Novato Fire Protection District.Wittman has proven
to be efficient and thorough,resulting in higher than projected ambulance revenue.Our current timeline is near
the end of the projected contract authority provided by Council.The proposed contract amendment will
increase the payment terms from $175,000 to a not to exceed amount of $280,000.Fire staff has reviewed
ambulance billing activity and determined that an additional $75,000 for the Fiscal Years (FY)2017-19 biennial
budget cycle would be sufficient to fund ambulance billing for the remainder of the contract.
Fire staff will continue to monitor ambulance billing activity and update City Council on the progress of
ambulance receivables.This request for additional funding is a positive development in the ambulance
program.Current ambulance revenue contains an artificially inflated amount due to the reprocessing of the
previous billing provider.Despite this fact,the monthly average collection rate has increased with the changes
implemented by fire staff and Wittman.Staff anticipates that revenue will normalize and accurately reflect
activity as all past billing issues transition through our billing process.The Department looks forward to
providing future reports on ambulance revenue.
FISCAL IMPACT
The requested Budget Amendment No.19.002 will increase the Fire Department operating budget by $75,000,
allowing the City to compensate Wittman for recovered revenues.This increased budget will be offset by
ambulance billing revenue, thus reducing the net impact on the FY 2017-19 biennial budget.
CONCLUSION
It is recommended that City Council adopt a resolution approving an amendment to the Consulting Services
Agreement with Wittman Enterprises,LLC,in an amount not to exceed $280,000 and approving Budget Amendment No.
City of South San Francisco Printed on 7/20/2018Page 1 of 2
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File #:18-553 Agenda Date:7/25/2018
Version:1 Item #:2.
Agreement with Wittman Enterprises,LLC,in an amount not to exceed $280,000 and approving Budget Amendment No.
19.002 increasing the Fire Department operating budget in the amount of $75,000.
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SOUTH SAN FRANCISCO
FIRE DEPARTMENT
JULY 26, 2018
CITY COUNCIL MEETING
$125,000.00
$175,000.00
$225,000.00
$275,000.00
$325,000.00
$5,693
$7,126
$8,801
$9,445
$9,636
$8,705
$11,472
$9,317
$12,796
$9,961
$11,882
$11,353
Ambulance Revenue and Contractual Fees
Revenue Fee for Service
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:18-554 Agenda Date:7/25/2018
Version:1 Item #:2a.
Resolution approving an amendment to the Consulting Services Agreement with Wittman Enterprises,LLC.in
an amount not to exceed $280,000 and approving Budget Amendment No.19.002 increasing the Fire
Department operating budget in the amount of $75,000.
WHEREAS,on May 24,2017,the City Council approved an agreement with Wittman Enterprises,LLC.
(Wittman),for a two-year fee for services ambulance billing agreement for a not to exceed amount of $175,000;
Wittman’s payment schedule was based on 4.25 percent of collected revenue for year one and 4.50 percent of
collected revenue for year two; and
WHEREAS,over the past sixteen months,Wittman has worked diligently to collect all revenue owed to the
City, even reviewing billing data from the previous billing provide, Novato Fire Protection District; and
WHEREAS,Wittman has proven to be efficient and thorough,resulting in higher than projected ambulance
revenue;resulting in Wittman nearing the projected contract authority provided by Council and necessitating a
contract amendment to increase the payment terms from $175,000 to a not to exceed amount of $280,000; and
WHEREAS Fire staff has reviewed ambulance billing activity and finds that an additional $75,000 for the
Fiscal Years 2017-19 biennial budget cycle is sufficient to fund ambulance billing for the remainder of the
contract, and
WHEREAS,the requested Budget Amendment No.19.002 will increase the Fire Department operating budget
by $75,000,allowing staff to continue compensating Wittman for recovered revenue;the increased budget will
be offset through ambulance billing revenue reducing the net impact on the FY 17-19 biennial budget.
NOW,THEREFORE,BE IT RESOLVED,that the City Council of the City of South San Francisco does
hereby approves a first amendment fee for services contract,attached hereto as Exhibit A,with Wittman
Enterprises in an amount not to exceed $280,000.
BE IT FURTHER RESOLVED,that the City Council of the City of South San Francisco does hereby authorize
the City Manager to enter into a first amendment fee for services contract,attached hereto as Exhibit A,with
Wittman Enterprises,subject to approval as to form by the City Attorney,in an amount not to exceed $280,000;
and approves Budget Amendment No.19.002 increasing the Fire Department operating budget in the amount of
$75,000 for ambulance billing services.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any other action consistent
with the intent of this Resolution.
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File #:18-554 Agenda Date:7/25/2018
Version:1 Item #:2a.
*****
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FIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF SOUTH
SAN FRANCISCO AND WITTMAN ENTERPRISES
THIS FIRST AME NDMENT TO THE CONSUL TING SERVICES AGREEMENT is made at
South San Francisco, California, as of July 25, 2018 by and between THE CITY OF SOUTH SAN
FRANCISCO ("City"), a municipal corporation, and Wittman Enterprises, LLC ("Contractor"),
(sometimes referred together as the "Parties") who agree as follows:
RECITALS
A.On June 14, 2017, City and Contractor entered that certain Consu lting Services
Agreement ("Agreement") whereby Contractor agreed to provide City with ambulance billing
services. A true and correct copy of the Agreement and its exhibits is attached as Exhibit A.
B.City and Contractor now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and
Contractor hereby agree as follows:
1.All terms which are defined in the Agreement shall have the same meaning when used in this
Amendment, unless specifically provided herein to the contrary.
2.Section 2. Section - of the Agreement shall be amended such that the City agrees to pay
Contractor a sum not to exceed $280,000, with the understanding that up to $116,635.00
has already been paid to Contractor.
Contractor agrees this is the City's total contribution for payment of costs under the
Agreement unless additional payments are authorized in accordance with the terms of the
Agreement and said terms of payment are mutually agreed to by and between the parties in
writing.
All other te1111s, conditions and provisions in the Agreement remain in full force and effect. If
there is a conflict between the terms of this Amendment and the Agreement, the terms of the
Agreement will control unless specifically modified by this Amendment.
[SIGNATURES ON 711E FOLLOWING PAGE]
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:18-597 Agenda Date:7/25/2018
Version:1 Item #:3.
Report regarding a resolution approving a consulting services agreement for the Wet Weather and Digester
Improvements Project at the Water Quality Control Plant with Carollo Engineers of Walnut Creek,California in
an amount not to exceed $3,954,860,authorizing a total construction management budget of $4,350,346,and
authorizing the City Manager to execute the agreement(Eunejune Kim,Director of Public Works,Richard Cho,
Senior Civil Engineer and Brian Schumacker, Plant Superintendent)
RECOMMENDATION
Staff recommends that the City Council of the City of South San Francisco adopt a resolution approving
a consulting services agreement for the Wet Weather and Digester Improvements Project at the Water
Quality Control Plant with Carollo Engineers of Walnut Creek,California in an amount not to exceed
$3,954,860,authorizing a total construction management budget of $4,350,346,and authorizing the City
Manager to execute the agreement.
BACKGROUND/DISCUSSION
The South San Francisco/San Bruno Water Quality Control Plant (WQCP)provides wastewater treatment for
the cities of South San Francisco,San Bruno,and portions of Daly City and Colma.The upcoming WQCP Wet
Weather and Digester Improvements Project (Project)was designed by Carollo Engineers,Inc.The project
includes two elements:
1.Wet Weather Improvements:This project element increases the peak secondary treatment capacity at
the WQCP by 10 million gallons per day (MGD) to a total capacity of 40 MGD by:
a.Installing a new secondary clarifier with associated equipment and piping, and
b.Upgrading associated secondary treatment facilities such as improvements to the aeration basins
to enhance sludge settleability,increasing flow conveyance to the secondary treatment system by
raising the height of open channel walls, and increasing automation of the treatment process.
2.Digester Replacement and Rehabilitation:Replaces/rehabilitates aging infrastructure and improve
WQCP reliability with the demolition of two of the five existing digesters (Digester No’s.1 and 2),
replaces these two digesters with one new digester (utilizing a high-solids digestion system),and
rehabilitates one digester (Digester No.3).Along with the two digesters,one associated support
building,will be demolished.Modifications to support heating and mixing of the two remaining
digesters (Digester No’s.4 and 5)will be performed in the remaining heating and mixing building.In
addition,this element includes the addition of digested sludge thickening equipment,a polymer storage
facility,and a digester gas conditioning system to improve the efficiency of the existing cogeneration
engine to produce electrical power for the WQCP.
The Wet Weather and Digester Improvements Project was advertised for bid on April 3,2018,and bids were
received on Tuesday,June 5,2018.One bid was submitted by Flatiron West Inc.in the amount of
$49,600,891.Staff recommends the City award Flatiron West Inc.the construction contract.This
recommendation is included in a separate staff report to City Council for the July 11,2018 City Council
meeting.
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File #:18-597 Agenda Date:7/25/2018
Version:1 Item #:3.
During the construction phase of the project there are two major engineering tasks:(1)construction
management and inspection services,and (2)engineering services during construction (“ESDC”).The industry
practice is for ESDC to be performed by the design engineer of record,which on this project is Carollo
Engineers.Construction management and inspection services are typically provided by a third party selected
through a competitive selection process.In this case,construction management services are being provided by
Kennedy Jenks, based on a previous competitive proposal and interview process.
The purpose of ESDC is to confirm that the contractor is constructing the project in conformance with the
design engineer’s intent as set forth in the plans.While other engineering and inspection services are typically
performed by firms selected under a competitive process,ESDC can practically only be performed by the
design engineer,Carollo Engineers.This is because only the design engineer can effectively answer questions
from the contractor about the project’s design,review shop drawings of the items to be included in the project
and generally inform the construction management team of the intent of their design.Furthermore,it is highly
likely that even if an RFP were issued for ESDC,no firm would respond other than the design engineer.
Therefore,it has been determined that Carollo Engineers is the only organization that has the “skill,ability,and
expertise”to perform ESDC for this project.Based on this rationale,it is recommended that the City Council
approve a contract with Carollo Engineers for ESDC services for this project.
To accomplish this, the design engineer’s scope of work for ESDC consists of:
·review of shop drawings (detailed drawings produced by the contractor,supplier,manufacturer,
subcontractor,or fabricator for certain prefabricated components)for conformance with the plans and
specifications,
·responding to questions from the construction contractor regarding interpretation of the plans and
specifications,
·performing periodic specialty inspections (structural,instrumentation,and electrical)during the
construction,
·review of proposed changes of the contract documents from the contractor,
·providing startup and operations training for the plant staff,
·providing record drawings that include all field changes and clarifications based on information
provided by the construction manager, and
·providing an Operations and Maintenance Manual.
The Carollo Engineers ESDC scope also includes providing liaison with the permitting agencies
(BCDC,BAAQMD,and the Regional Water Quality Control Board)and the State Revolving Loan
Fund (“SRF”),which is anticipated to be proving low interest loans for this project.These liaison
services are a continuation of the liaison services that Carollo performed during the design phase.
As an industry standard,ESDC costs are typically 8 to 10 %of the total project construction cost.When
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File #:18-597 Agenda Date:7/25/2018
Version:1 Item #:3.
As an industry standard,ESDC costs are typically 8 to 10 %of the total project construction cost.When
evaluating Carollo’s proposal and fee schedule,their cost of ESDC is approximately 8%,which falls at the
lower end of the range.
Shown below is the project budget:
Carollo Engineers ESDC Contract $3,954,860.00
ESDC Contingency (10%)$ 395,486.00
Total Project Budget $4,350,346.00
The contingency will be utilized for any unforeseen conditions,such as additional testing,city-initiated change
orders, or if the construction period is lengthened due to weather or differing site conditions.
FUNDING
This project is included in the City of South San Francisco’s FY 2017-2018 Capital Improvement Program (CIP
No. ss1301) and there are sufficient funds to award the consultant the services agreement.
CONCLUSION
Staff recommends awarding ESDC for the Wet Weather Digester Improvements project to Carollo Engineers
based on their qualifications, experience, and project understanding.
Attachment 1 - Carollo Engineers Detailed Scope of Work
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2700 YGNACIO VALLEY ROAD, SUITE 300 • WALNUT CREEK, CALIFORNIA 94598 • (925) 932-1710 • FAX (925) 930-0208
June 8, 2018
Mr. Richard Cho, P.E.
City of South San Francisco
315 Maple Avenue
South San Francisco, CA 94083
Subject: Proposal to Perform Engineering Services During Construction for the WQCP Wet
Weather and Digester Improvements Project
Dear Mr. Cho:
The Wet Weather and Digester Improvements Project was recently bid on June 5 with construction
anticipated to begin in August 2018. At the City’s request, we have prepared the following Exhibits A
and B for the scope of work and budget, respectively, for performing engineering services during
construction for this project during its construction over the next 4 years.
We look forward to continuing our services and relationship with the City on the successful
implementation of this project.
If you have any questions concerning our proposal, please do not hesitate to call me to discuss.
Sincerely,
CAROLLO ENGINEERS, INC.
Rick L. Chan., P.E.
Senior Vice President
Cc: Steve Tarantino – EKI Environment & Water
ATTACHMENT 1
1
EXHIBIT A
SOUTH SAN FRANCISCO/SAN BRUNO
WET WEATHER AND DIGESTER IMPROVEMENTS PROJECT
ENGINEERING SERVICES DURING CONSTRUCTION
SCOPE OF WORK
(June 8, 2018)
INTRODUCTION
The Cities of South San Francisco and San Bruno (City or Cities) own and operate a 10-mgd
rated average dry weather flow (ADWF) Water Quality Control Plant (WQCP) located in South
San Francisco, California. Carollo Engineers (Consultant) has completed design of the WQCP
Wet Weather and Digester Improvements Project to increase the wet weather capacity of the
secondary treatment process and improve reliability of the digester process by adding new
facilities and making improvements to various existing facilities. Program management (PM) of
the project will be provided by EKI Environment & Water (EKI). Construction Management (CM)
of the project will be provided by Kennedy/Jenks Consultants (K/J). Consultant’s Scope of Work
herein is to provide engineering services during construction (ESDC) to the City, EKI, K/J, and
plant staff. This Scope of Work is based on a construction period of 1,460 calendar days
(approximately 48 months) from Contractor’s notice to proceed to substantial completion, plus
30 additional calendar days (approximately 1 month) afterwards to achieve final completion.
SCOPE OF WORK
This section presents the Scope of Work for the WQCP Wet Weather and Digester
Improvements Project - Engineering Services During Construction. Where appropriate, a budget
allowance has been assumed to complete certain tasks because the actual budget required
cannot be provided at this time since it is heavily dependent on activities by other project
stakeholders. Accordingly, the actual effort required to complete these tasks can be higher or
lower than the budget allowance shown.
Task 1 - Project Management and Meetings
Consultant shall provide project administration and management of this project, and attend
specified meetings during the construction period. Rick Chan and Daniel Chien will continue to
serve as project manager and project engineer, respectively, throughout the duration of this
project.
ATTACHMENT 1
2
Task 1.1 - Project Management. Consultant shall provide project management and
administration necessary for planning, filing, execution, monitoring, quality control, and reporting
of this project during the construction period. Consultant shall also prepare a brief monthly
progress summary letter report for attachment to the monthly invoice to track status of budget
expenditures by task description and key work activities completed during that billing period. For
this task, a budget equivalent to 392 hours has been included.
Consultant Deliverables:
Monthly progress summary letter with each invoice.
Task 1.2 – Pre-Construction Meeting. The purpose of this meeting is to facilitate
understanding of the contract requirements by all parties involved. Consultant’s project manager
and project engineer shall attend the pre-construction meeting.
Consultant Deliverables:
Attendance and input at the pre-construction meeting.
Task 1.3 – Risk Management Meeting. The purpose of this meeting is to assist K/J in
identifying risks associated with the construction work and to develop a risk register for K/J to
track and mitigate/manage each risk. Consultant’s project manager and project engineer shall
attend the risk management meeting.
Consultant Deliverables:
Attendance and input at the risk management meeting.
Task 1.4 – Progress Meetings. The purpose of these meetings is to discuss construction
status and to review key issues with the Contractor. For budgeting purposes, Consultant’s
project manager shall attend a total of 100 progress meetings and Consultant’s project engineer
shall attend a total of 200 progress meetings. For this task, a budget equivalent to 1,200 hours
has been included.
Consultant Deliverables:
Attendance and input at the progress meetings.
Task 1.5 –Technical Meetings. The purpose of these meetings is to discuss technical
elements of the project outside of the regular progress meetings. For budgeting purposes,
Consultant shall attend 40 technical meetings an at average meeting time of 4 hours meeting.
For this task, a budget equivalent to 160 hours has been included.
ATTACHMENT 1
3
Consultant Deliverables:
Attendance and input at the technical meetings.
Task 1.6 – Pre-Installation Meetings. The purpose of these meetings is to discuss installation
of various equipment and/or systems that require major coordination between the Contractor,
subcontractors, and plant staff. These include the following:
Secondary clarifier mechanism.
RAS pumps.
Anaerobic selector mixers.
Aeration diffusers.
Linear motion mixer.
High solids digestion system and subsystem.
Digester gas conditioning system.
For budgeting purposes, Consultant shall attend 10 pre-installation meetings at an average
meeting time of 4 hours meeting. For this task, a budget equivalent to 40 hours has been
included.
Consultant Deliverables:
Attendance and input at pre-installation meetings.
Task 1.7 – Process and System Shutdown Meetings. The purpose of these meetings is to
discuss process and system shutdowns that impact plant operations. For budgeting purposes,
Consultant shall attend 30 process and system shutdown meetings at an average meeting time
of 4 hours meeting. For this task, a budget equivalent to 120 hours has been included.
Consultant Deliverables:
Attendance and input at the process and system shutdown meetings.
Task 1.8 – Electrical and Instrumentation Meetings. The purpose of these meetings is to
discuss MCC arrangement, short circuit and arc flash studies, SCADA system integration, and
PLC configuration. For budgeting purposes, Consultant shall attend 15 electrical and
instrumentation meetings at an average meeting time of 4 hours meeting. For this task, a
budget equivalent to 60 hours has been included.
ATTACHMENT 1
4
Consultant Deliverables:
Attendance and input at the electrical and instrumentation meetings.
Task 1.9 – Post Construction Meeting. The purpose of this meeting is to discuss post
construction activities such as Contractor’s corrective action to punch list items. Consultant’s
project engineer shall attend the post construction meeting.
Consultant Deliverables:
Attendance and input at the post construction meeting.
Task 2 – Engineering Support Services
Consultant shall perform the following engineering support services to assist the City, EKI, K/J,
and plant staff during the construction period.
Task 2.1 – EADOC Setup and Management. Consultant shall establish an electronic cloud-
based filing system (EADOC) for use to manage the electronic media and information used
during construction. Consultant shall set up the project under the Consultant’s existing license
with EADOC, upload Contract Documents into EADOC, and perform monthly management of
the system folders. Consultant shall also schedule one 2-hour web-based training session for
the City, EKI, K/J, and the Contractor to learn how to use EADOC. For this task, a budget
equivalent to 100 hours has been included.
Consultant Deliverables:
EADOC setup and training.
Task 2.2 – Conformed Documents. Consultant shall prepare conformed documents (drawings
and specifications) using Consultant’s standard format to include changes contained in the
addendums to be issued during the bid period. For this task, a budget equivalent to 200 hours
has been included.
Consultant Deliverables:
One electronic copy of conformed documents for the City to make and distribute hard
copies.
Task 2.3 – Review RFIs. Consultant shall receive, log, review, and respond to RFIs and issue
interpretations and design clarifications to the contract documents. For budgeting purposes,
Consultant shall respond to approximately 500 RFIs at an average review time of 4 hours per
RFI response. For this task, a budget equivalent to 2,000 hours has been included.
ATTACHMENT 1
5
Consultant Deliverables:
Responses to RFIs.
Task 2.4 – Review Submittals and Shop Drawings. Consultant shall receive, log, review and
respond to submittals and shop drawing submittals (excluding contractor’s geotechnical report
and temporary shoring submittals) from the Contractor forwarded by K/J. Submittals will be
reviewed and marked-up in accordance with the contract documents and returned to K/J for
processing and distribution to the Contractor and other parties. For budgeting purposes,
Consultant shall respond to approximately 800 submittals at an average processing and review
time of 6 hours per submittal and 400 resubmittals at an average processing and review time of
3 hours per shop drawing resubmittal. For this task, a budget equivalent to 6,000 hours has
been included.
Consultant Deliverables:
Review comments on submittals and shop drawings.
Task 2.5 – Prepare Design Clarifications. Consultant shall prepare as-needed design
clarifications to clarify and/or change the intent of the Contract Documents at the request of K/J.
In preparing the design clarification, Consultant shall issue revised specifications, drawings,
and/or sketches, if necessary, to clarify and/or change the intent of the Contract Documents for
K/J’s review and transmittal to the Contractor. For budgeting purposes, Consultant shall prepare
30 design clarifications at an average time of 8 hours per design clarification. For this task, a
budget equivalent to 240 hours has been included.
Consultant Deliverables:
Completed design clarifications.
Task 2.6 – Review Request for Proposals. Consultant shall review proposed changes to the
Contract Documents proposed by the Contractor. It is assumed these changes will be screened
initially by K/J for merit. If it is determined that the request is worthy of further review, K/J will
issue a formal Request for Proposal (RFP). Consultant shall review the RFP for impact on
design intent, costs, and impacts to the construction schedule. For budgeting purposes,
Consultant shall review 20 RFPs at an average time of 8 hours per RFP. For this task, a budget
equivalent to 160 hours has been included.
Consultant Deliverables:
Review comments on the RFPs.
ATTACHMENT 1
6
Task 2.7 – Review Change Orders. Consultant shall assist K/J in reviewing proposed change
orders submitted by the Contractor. Consultant’s review shall be limited to the merits of the
change order and providing input on applicable unit and material prices of selected items. It is
assumed that K/J will prepare an independent cost estimate of the proposed change order for
verification and to negotiate the proposed change order with the Contractor on behalf of the
City. For budgeting purposes, Consultant shall review 20 change orders at an average time of 8
hours per change order. For this task, a budget equivalent to 160 hours has been included.
Consultant Deliverables:
Review comments on proposed change orders.
Task 2.8 – Review Project Schedules. Consultant shall assist K/J in reviewing the following
project schedules: 1 preliminary baseline schedule, 1 final baseline schedule, and 42 monthly
project schedule updates. Consultant shall attend two meetings with K/J and the Contractor to
discuss schedule submittal format and procedures and review baseline schedule comments.
The schedule reviews will include checking for compliance with contract requirements,
construction activities and duration, schedule analysis, critical-path analysis, and narrative
analysis. For this task, a budget equivalent to 150 hours has been included.
Consultant Deliverables:
Review comments on project schedules.
Task 2.9 – Specialty Inspections. Consultant shall assist K/J in performing as-requested
specialty inspection services in the areas of civil, architectural, structural, mechanical, coating,
electrical, and instrumentation. For budgeting purposes, Consultant shall perform 20 specialty
inspections at an average time of 6 hours per inspection. For this task, a budget equivalent to
120 hours has been included.
Consultant Deliverables:
Field inspection notes.
Task 2.10 – Final and Milestone Inspections. Consultant shall assist K/J in performing final
project “walk-through” and/or “Milestone” nspections for major project elements as they reach
substantial completion. These include: Secondary Clarifier No. 4, Digester Gas Conditioning
System, and High Solids Digestion System and Subsystems. After each inspection, Consultant
shall prepare a final punch list outlining outstanding items to be completed by the Contractor to
achieve final/milestone acceptance and submit each list to K/J for review and implementation.
ATTACHMENT 1
7
For budgeting purposes, Consultant shall perform 10 final/milestone inspections at an average
time of 6 hours per inspection. For this task, a budget equivalent to 60 hours has been included.
Consultant Deliverables:
Field memos on punch-list items for the project elements listed above.
Task 2.11 – Geotechnical Engineering Support Services. Consultant’s geotechnical
engineer (Fugro) shall provide the following services: field services, laboratory services, and
office services for project components that require geotechnical involvement. These include:
Secondary Clarifier No. 4, Storm Water Pump Stations No. 4 and 5, Digester No. 1, Sludge
Transfer Pump, Recuperative Thickening Facility, and Digester Gas Conditioning System.
Fugro’s services shall include:
Consultation to address geotechnical related issues that may arise during construction.
Review of 10 submittals and 10 RFIs.
Attendance at 4 meetings.
Perform 6 site visits to observe subgrade stabilization prior to placement of engineered
fill for new structures.
Perform 6 site visits to observe subgrade preparation prior to placement of mat
foundations for new structures.
Consultant Deliverables:
Responses to RFIs and submittals.
Field reports by geotechnical engineer for subgrade observations and actions.
Task 2.12 – Permitting and Funding Support. Consultant shall provide as-needed permitting
and funding support to the City and EKI during the construction duration. These include:
San Francisco Bay Conservation and Development Commission: BCDC Permit.
Bay Area Air Quality Management District: Authority to Construct (ATC) and Authority to
Operate (ATO) permits.
State Water Resource Control Board: State Revolving Fund (SRF) loan matters.
For this task, a budget equivalent to 100 hours has been included.
ATTACHMENT 1
8
Consultant Deliverables:
As-needed assistance and response to permit and funding agencies.
Task 3 – On-Site Engineering Support
Consultant shall provide on-site engineering support services to assist K/J and Contractor
during certain periods of the construction.
Task 3.1 – On-Site Engineering Support. Consultant shall provide on-site engineering support
services to assist K/J and Contractor to perform certain tasks, including but not limited to the
following: 1) review and respond to general questions related to the contract documents, 2)
review and respond to critical RFIs and field questions, 3) review and respond to critical
submittals and shop drawings, and 4) other support tasks as requested by K/J. Consultant shall
provide one design engineer (Daniel Chien) familiar with the project to work in K/J’s construction
trailer on an average of two days a week for 104 weeks (208 working days) during the
construction period. It is anticipated that Consultant’s design engineer will only need to perform
this service during the first half of the construction period. For this task, a budget equivalent to
1,664 hours has been included.
Consultant Deliverables:
On-site engineering support.
Task 4 - Startup/Training
Consultant shall provide startup and operations training services for the following elements to
assist K/J and plant staff:
Aeration Basins with anaerobic selector technology.
Wet weather secondary treatment and clarification operation.
High Solids Digestion System and Subsystems.
Digester Gas Conditioning System
Task 4.1 – Startup Assistance. Consultant shall provide startup assistance to K/J and plant
staff. Consultant’s Operations Specialist(s) shall be available to resolve startup and process
setting adjustment issues and provide general consultation regarding equipment installation
issues. For this task, a budget equivalent to 300 hours has been included.
Consultant Deliverables:
ATTACHMENT 1
9
Assistance to startup questions.
Task 4.2 – Operations Training. Consultant shall perform an overview training to plant staff
prior to startup of new facilities. The purpose of the training is to inform plant staff of the
intended normal operating configurations and the available operational flexibility features. This
training does not replace the individual equipment manufacturer training to be provided by the
Contractor per the Contract Documents prior to the Consultant’s training. For budgeting
purposes, one training session will be conducted for the elements listed above with duration of
each session tailored to the specific topic. Each training session will include classroom style
training followed by field visits of the new facilities. For budgeting purposes, Consultant shall
prepare for and conduct 6 operations training at an average time of 20 hours total per training
event for preparing and conducting the training. For this task, a budget equivalent to 120 hours
has been included.
Consultant Deliverables:
Training materials and training for elements listed above.
Task 5 - Record Drawings
Consultant shall prepare record drawings of the project to incorporate changes made during the
construction period.
Task 5.1 – Record Drawings. Consultant shall prepare record drawings using Consultant’s
standard format to include changes made during the construction period after contract closeout.
It is assumed that the Contractor and K/J will maintain a full-size set of marked-up drawings
detailing all field changes and clarifications. Consultant shall not be responsible for field
measuring as-built conditions and will rely solely on the information provided by the Contractor
and K/J as the basis for preparing the record drawings. For this task, a budget equivalent to 400
hours has been included.
Consultant Deliverables:
One electronic copy (pdf) of the record drawings.
Task 6 – Electronic Operation and Maintenance Manual
Consultant shall prepare an electronic operation and maintenance manual (EOMM) instead of a
paper operations and maintenance (O&M) manual for major existing and new facilities at the
WQCP.
ATTACHMENT 1
10
Task 6.1 – Electronic Operation and Maintenance Manual Development. Consultant shall
prepare an EOMM for the following existing and new elements at the WQCP:
Headworks
Influent Pump Station
Primary Clarifiers
Primary Sludge Pump Station
Aeration Basins
Secondary Clarifiers
RAS/WAS Pumping
Chlorine Contact Tanks
Dissolved Air Flotation Thickeners
Anaerobic Digesters
Belt Filter Presses
Cogeneration Engine
Digester Gas Conditioning System
Electrical System
For each element, Consultant shall prepare a chapter of the EOMM to include descriptions on
general process, design criteria, component equipment listing, process control, startup and
shutdown procedures, normal operating procedures, emergency operating procedures, alarm
conditions and troubleshooting, and maintenance requirements. Consultant shall also populate
and index into the EOMM electronic documents such as record drawings, design specifications,
construction photos, construction submittals, manufacturers training videos, and vendor O&M
manuals.
Consultant shall host the EOMM on an internet-based Microsoft SharePoint server for the
duration of system development, until the EOMM is installed and migrated to the City’s server at
the completion of this contract.
Consultant shall conduct two 3-hour confirmation workshop to present the EOMM with
populated content at the 50 and 90 percent completion levels. The intent of these workshop is to
gather feedback on revisions desired by plant staff during completion of the EOMM.
Once completed, Consultant shall migrate the Microsoft SharePoint EOMM content database
from Consultant’s hosted server to the City’s server and assist with installation, configuration,
and testing to confirm proper operation and accessibility by City and plant staff.
Consultant shall provide two 2-hour training sessions for City and plant staff on EOMM user
access and content management. Consultant shall provide basic documentation for content and
system administration.
ATTACHMENT 1
11
For budgeting purposes, Consultant shall review prepare fourteen (14) EOMM chapters at an
average time of 100 hours per chapter. For this task, a budget equivalent to 1,400 hours has
been included.
Consultant Deliverables:
Draft and Final EOMM chapters for 14 elements.
ATTACHMENT 1
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City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:18-598 Agenda Date:7/25/2018
Version:2 Item #:3a.
Resolution approving a consulting services agreement for the Wet Weather and Digester Improvements Project
at the Water Quality Control Plant with Carollo Engineers of Walnut Creek,California in an amount not to
exceed $3,954,860,authorizing a total construction management budget of $4,350,346,and authorizing the
City Manager to execute the agreement.
WHEREAS the Wet Weather and Digester Improvements Project,designed by Carollo Engineers,was
advertised for bid on April 3, 2018, and the bids were received on Tuesday, June 5, 2018;
WHEREAS Staff have recommended that the City award Flatiron West, Inc. the construction contract;
WHEREAS during the construction phase of the project there are two major engineering tasks,engineering
services during construction (“ESDC”)and construction management and inspection services,and ESDC is to
be performed by the design engineer, which is Carollo Engineers;
WHEREAS Carollo Engineers submitted their scope of work for ESDC,and staff reviewed that proposal and
found it to have the appropriate scope and budget for the ESDC services for the Wet Weather and Digester
Improvements project;
WHEREAS,staff recommends approving a consulting services agreement for ESDC for the Wet Weather and
Digester Improvements Project at the Water Quality Control Plant with Carollo Engineers of Walnut Creek,
California in the amount not to exceed $3,954,860,a draft of which attached to this resolution as Exhibit A,and
authorizing a total construction management budget of $4,350,346; and
WHEREAS,the Project is included in the City of South San Francisco’s 2017-2018 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 Consulting Services Agreement for Engineering Services During Construction for
the Wet Weather and Digester Improvements Project at the Water Quality Control Plant to Carollo Engineers of
Walnut Creek,California in the amount not to exceed $3,954,860,a draft of which attached as Exhibit A,and
authorizing a total construction management budget of $4,350,346,conditioned on Carollo Engineers’timely
execution of the Consulting Services Agreement,and submission of all required documents,including but not
limited to, certificates of insurance and endorsements, in accordance with the contract documents.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance
Department to establish the Project Budget consistent with the information contained in the staff report.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the documents on behalf
of the City upon timely submission by Carollo Engineers’signed contract and all other documents,subject toCity of South San Francisco Printed on 7/27/2018Page 1 of 2
powered by Legistar™
File #:18-598 Agenda Date:7/25/2018
Version:2 Item #:3a.
of the City upon timely submission by Carollo Engineers’signed contract and all other documents,subject to
approval as to form by the City Attorney.
*****
City of South San Francisco Printed on 7/27/2018Page 2 of 2
powered by Legistar™
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND
CAROLLO ENGINEERS, INC.
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco (“City”) and Carollo Engineers, Inc. (“Consultant”) (together sometimes referred to as the
“Parties”) as of July 11, 2018 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached hereto and incorporated herein
as Exhibit A, at the time and place and in the manner specified therein. In the event of a conflict in or
inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on December 31, 2022, the date of completion specified in Exhibit A, and Consultant
shall complete the work described in Exhibit A on or before that date, unless the term of
the Agreement is otherwise terminated or extended, as provided for in Section 8. The
time provided to Consultant to complete the services required by this Agreement shall not
affect the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all work required by this Agreement
in accordance with the prevailing engineering standard of care by exercising the
skill and ability ordinarily required of engineers performing the same or similar
services, under the same or similar circumstances, in the State of California.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.
1.5 Services During Construction. Consultant shall not be responsible for the means,
methods, techniques, sequences, or procedures of construction selected by
construction contractors or the safety precautions and programs incident to the
work of construction contractors and will not be responsible for construction
contractors' failure to carry out work in accordance with the Contract Documents.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed Three
Million Nine Hundred Fifty Four Thousand Eight Hundred Sixty Dollars ( $3,954,860) notwithstanding any
contrary indications that may be contained in Consultant’s proposal, for services to be performed and
reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and
Consultant’s proposal, attached as Exhibit A, or Consultant’s compensation schedule, attached as Exhibit
B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for
services rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for services rendered
pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services
performed by more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the Parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once per month during
the term of this Agreement, based on the cost for all services performed and reimbursable
costs incurred prior to the invoice date. Invoices shall contain all the following information:
Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice,
etc.);
The beginning and ending dates of the billing period;
A task summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
The total number of hours of work performed under the Agreement by each
employee, agent, and subcontractor of Consultant performing services hereunder;
Consultant shall give separate notice to the City when the total number of hours
worked by Consultant and any individual employee, agent, or subcontractor of
Consultant reaches or exceeds eight hundred (800) hours within a twelve (12)-
month period under this Agreement and any other agreement between Consultant
and City. Such notice shall include an estimate of the time necessary to complete
work described in Exhibit A and the estimate of time necessary to complete work
under any other agreement between Consultant and City, if applicable.
The amount and purpose of actual expenditures for which reimbursement is
sought;
The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant. Each invoice shall include all expenses and
actives performed during the invoice period for which Consultant expects to receive
payment.
2.3 Final Payment. City shall pay the five percent (5%) of the total sum due pursuant to this
Agreement within sixty (60) days after completion of the services and submittal to City of a
final invoice, if all services required have been satisfactorily performed.
2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement. In no
event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto and incorporated
herein as Exhibit B.
2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by
this Agreement mileage, parking, tolls, printing, out of area travel, conference calls,
postage, express mail, and delivery. Reimbursable expenses shall not exceed Five
Thousand Dollars ($5,000). Expenses not listed above are not chargeable to City.
Reimbursable expenses are included in the total amount of compensation provided under
Section 2 of this Agreement that shall not be exceeded.
2.7 Payment of Taxes; Tax Withholding. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. To
be exempt from tax withholding, Consultant must provide City with a valid California
Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590
shall be attached hereto and incorporated herein as Exhibit C. Unless Consultant provides
City with a valid Form 590 or other valid, written evidence of an exemption or waiver from
withholding, City may withhold California taxes from payments to Consultant as required
by law. Consultant shall obtain, and maintain on file for three (3) years after the termination
of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all
subcontractors. Consultant accepts sole responsibility for withholding taxes from any non-
California resident subcontractor and shall submit written documentation of compliance
with Consultant’s withholding duty to City upon request.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 False Claims Act. Presenting a false or fraudulent claim for payment, including a change
order, is a violation of the California False Claims Act and may result in treble damages
and a fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation.
2.11 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes
of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be
not less than the prevailing rate for a day’s work in the same trade or occupation in the
locality within the state where the work hereby contemplates to be performed as
determined by the Director of Industrial Relations pursuant to the Director’s authority under
Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by
Consultant or by any subcontractor shall receive the wages herein provided for. The
Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor
Code Section 1775, as may be amended, per day penalty for each worker paid less than
prevailing rate of per diem wages. The difference between the prevailing rate of per diem
wages and the wage paid to each worker shall be paid by the Consultant to each worker.
An error on the part of an awarding body does not relieve the Consultant from
responsibility for payment of the prevailing rate of per diem wages and penalties pursuant
to Labor Code Sections 1770 1775. The City will not recognize any claim for additional
compensation because of the payment by the Consultant for any wage rate in excess of
prevailing wage rate set forth. The possibility of wage increases is one of the elements to
be considered by the Consultant.
a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of
prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the
Consultant shall post at appropriate conspicuous points at the site of the project a
schedule showing all determined prevailing wage rates for the various classes of laborers
and mechanics to be engaged in work on the project under this contract and all
deductions, if any, required by law to be made from unpaid wages actually earned by the
laborers and mechanics so engaged.
b. Payroll Records. Each Consultant and subcontractor shall keep an accurate
payroll record, showing the name, address, social security number, work week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee
employed by the Consultant in connection with the public work. Such records shall be
certified and submitted weekly as required by Labor Code Section 1776.”
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide proof satisfactory to City of such insurance that meets the requirements of this section and under
forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to
the City. Consultant shall maintain the insurance policies required by this section throughout the term of
this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not
allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance
required herein for the subcontractor(s). Consultant shall maintain all required insurance listed herein for
the duration of this Agreement.
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than $1,000,000 per accident. In the alternative, Consultant may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance
complies fully with the provisions of the California Labor Code. Determination of whether a
self-insurance program meets the standards of the Labor Code shall be solely in the
discretion of the Contract Administrator, as defined in Section 10.9. The insurer, if
insurance is provided, or the Consultant, if a program of self-insurance is provided, shall
waive all rights of subrogation against the City and its officers, officials, employees, and
volunteers for loss arising from work performed under this Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) per
occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting therefrom, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 or GL 0002 (most recent editions) covering comprehensive General
Liability Insurance and Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability on an “occurrence” basis. Automobile
coverage shall be at least as broad as Insurance Services Office Automobile
Liability form CA 0001 (most recent edition). No endorsement shall be attached
limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed
professionals’ errors and omissions. Any deductible or self-insured retention shall
not exceed ONE HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) per
claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement or
the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant shall purchase an extended period coverage
for a minimum of five (5) years after completion of work under this
Agreement or the work. The City shall have the right to exercise, at the
Consultant’s sole cost and expense, any extended reporting provisions of
the policy, if the Consultant cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
for review prior to the commencement of any work under this Agreement.
4.3.3 Additional Requirements. A certified endorsement to include contractual liability
shall be included in the policy
4.4 All Policies Requirements.
4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all policies delivered to
Consultant by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and certified endorsements shall show the
signature of a person authorized by that insurer to bind coverage on its behalf. If
the City does not receive the required insurance documents prior to the Consultant
beginning work, this shall not waive the Consultant’s obligation to provide them.
The City reserves the right to require complete copies of all required insurance
policies at any time.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement
shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled by either party, or reduced in
coverage or in limits, except after thirty (30) days' prior written notice by mail, has
been given to the City. In the event that any coverage required by this section is
reduced, limited, or cancelled in any other manner, Consultant shall provide
written notice to City at Consultant’s earliest possible opportunity and in no case
later than ten (10) working days after Consultant is notified of the change in
coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to each of the
following: liability arising out of activities performed by or on behalf of Consultant,
including the City’s general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in the
course of providing services pursuant to this Agreement. The coverage shall
contain no special limitations on the scope of protection afforded to City or its
officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
Further, if the Consultant’s insurance policy includes a self-insured retention that
must be paid by a named insured as a precondition of the insurer’s liability, or
which has the effect of providing that payments of the self-insured retention by
others, including additional insureds or insurers do not serve to satisfy the self-
insured retention, such provisions must be modified by special endorsement so as
to not apply to the additional insured coverage required by this agreement so as to
not prevent any of the parties to this agreement from satisfying or paying the self-
insured retention required to be paid as a precondition to the insurer’s liability.
Additionally, the certificates of insurance must note whether the policy does or
does not include any self-insured retention and also must disclose the deductible.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a
“wasting” policy limit.
4.4.8 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms of
such insurance are either not commercially available, or that the City’s interests
are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
b. Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES.
5.1. Separate Professional Liability (PL) Indemnity. As respect to the performance of
professional services, Consultant agrees to indemnify and hold harmless City, its officers,
employees, authorized agents/volunteers (collectively, the “City Indemnitees”), from and
against any damages, losses, liabilities, judgments, settlements, expenses, and costs
(including reasonable and necessary attorneys' fees, costs and expenses) to the extent
caused by Consultant's negligent acts, errors or omissions or willful misconduct in the
performance of services under this Agreement and anyone for whom Consultant is legally
liable. Consultant has no obligation to pay for any of City Indemnitees defense related cost
prior to a final determination of liability, or to pay any amount that exceeds Consultant’s
finally determined percentage of liability based upon the comparative fault of Consultant.
5.2 Separate Other than Professional Liability (OPL) Indemnity. As respect to its
operations, other than the performance of professional services, Consultant agrees to
indemnify, hold harmless and defend City with counsel approved by City, the City
Indemnitees, from and against any damages, liabilities, judgments, settlements, costs,
claims, demands, actions, suits, losses, and expenses (including reasonable and
necessary attorneys' fees, costs and expenses) arising out of the death or bodily injury to
any person or destruction or damage to any property, to the extent caused by Consultant's
negligent acts, errors or omissions or willful misconduct in the performance of services
under this Agreement and anyone for whom Consultant is legally liable.
5.3 Common PL & OPL Indemnity Provisions. Consultant’s obligations under this Section 5
shall not apply when (1) the injury, loss of life, damage to property, or violation of law
arises from the gross negligence or willful misconduct of the City or its officers, employees,
agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or
agents have contributed in no part to the injury, loss of life, damage to property, or violation
of law. It is understood that the duty of Consultant to indemnify and hold harmless under
Section 5.2 includes the duty to defend as set forth in Section 2778 of the California Civil
Code. Acceptance by City of insurance certificates and endorsements required under this
Agreement does not relieve Consultant from liability under this indemnification and hold
harmless clause. This indemnification and hold harmless clause shall apply to any
damages or claims for damages whether or not such insurance policies shall have been
determined to apply. By execution of this Agreement, Consultant acknowledges and
agrees to the provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant
providing services under this Agreement is determined by a court of competent jurisdiction
or the California Public Employees Retirement System (PERS) to be eligible for enrollment
in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless
City for the payment of any employee and/or employer contributions for PERS benefits on
behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the
responsibility of City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all federal, state and local laws and regulations applicable to the performance of the work
hereunder. Consultant’s failure to comply with such law(s) or regulation(s) shall constitute
a breach of contract.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals, including from City, of whatsoever nature that are legally required to
practice their respective professions. Consultant represents and warrants to City that
Consultant and its employees, agents, any subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions. In
addition to the foregoing, Consultant and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement for cause upon thirty (30) days’ written notice to
City and shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the effective date of notice of termination; City, however, may condition
payment of such compensation upon Consultant delivering to City all materials described
in Section 9.1.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require
Consultant to execute a written amendment to this Agreement, as provided for herein.
Consultant understands and agrees that, if City grants such an extension, City shall have
no obligation to provide Consultant with compensation beyond the maximum amount
provided for in this Agreement. Similarly, unless authorized by the Contract Administrator,
City shall have no obligation to reimburse Consultant for any otherwise reimbursable
expenses incurred during the extension period.
8.3 Amendments. The Parties may amend this Agreement only by a writing signed by all the
Parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
Parties except as required by law.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds ten thousand ($10,000.00), the Agreement shall
be subject to the examination and audit of the State Auditor, at the request of City or as
part of any audit of the City, for a period of three (3) years after final payment under the
Agreement.
9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All
responses to a Request for Proposals (RFP) or invitation to bid issued by the City become
the exclusive property of the City. At such time as the City selects a bid, all proposals
received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and
plainly marked as “Confidential,” "Business Secret" or “Trade Secret."
The City shall not be liable or in any way responsible for the disclosure of any such
proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or
"Business Secret," or if disclosure is required under the Public Records Act.
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is
made for information marked "Trade Secret" or "Business Secret," and the requester takes
legal action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultant agrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and
award of attorneys’ fees awarded against the City in favor of the party requesting the
information, and any and all costs connected with that defense. This obligation to
indemnify survives the City's award of the contract. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's possession,
which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a Party to this Agreement brings any action, including arbitration or an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing Party shall be entitled to reasonable attorneys’ fees in addition to any other relief
to which that Party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either Party brings any action against the other under this
Agreement, the Parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of San Mateo or in the United States District Court
for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the Parties.
10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000, et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090, et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve (12) months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090, et seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Richard Cho, P.E.
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when
received if personally delivered; (ii) when received if transmitted by telecopy, if received
during normal business hours on a business day (or if not, the next business day after
delivery) provided that such facsimile is legible and that at the time such facsimile is sent
the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery
to a domestic address by recognized overnight delivery service (e.g., Federal Express);
and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In
each case notice shall be sent to the respective Parties as follows:
Consultant
Attention: Rick Chan
Carollo Engineers, Inc.
2700 Ygnacio Valley Road, Suite 300
Walnut Creek, CA 94598
City
NOTICES: INVOICES:
City Clerk Engineering
City of South San Francisco City of South San Francisco
400 Grand Avenue 315 Maple Ave
South San Francisco, CA 94080 South San Francisco, CA 94080
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A, B, and C represents the entire and integrated
agreement between City and Consultant and supersedes all prior negotiations,
representations, or agreements, either written or oral pertaining to the matters herein.
Exhibit A Scope of Services
Exhibit B Compensation Schedule
Exhibit C Form 590
10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or
other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with
other signed counterpart, shall constitute one Agreement, which shall be binding upon and
effective as to all Parties.
10.14 Construction. The headings in this Agreement are for the purpose of reference only and
shall not limit or otherwise affect any of the terms of this Agreement. The parties have had
an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
10.15 No Third Party Beneficiaries. This Agreement is made solely for the benefit of the
Parties hereto with no intent to benefit any non-signatory third parties.
[SIGNATURES ON FOLLOWING PAGE]
The Parties have executed this Agreement as of the Effective Date.
CITY OF SOUTH SAN FRANCISCO Carollo Engineers, Inc.
____________________________ ______________________________
Mike Futrell, City Manager Rick Chan, Sr. Vice President
Attest:
____________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
2729964.1
EXHIBIT A
SCOPE OF SERVICES
WQCP Wet Weather and Digester Improvements Project - Engineering Services During
Construction.
Task 1 - Project Management and Meetings
Consultant shall provide project administration and management of this project, and attend
specified meetings during the construction period. Rick Chan and Daniel Chien will continue to
serve as project manager and project engineer, respectively, throughout the duration of this
project.
Task 1.1 - Project Management. Consultant shall provide project management and
administration necessary for planning, filing, execution, monitoring, quality control, and
reporting of this project during the construction period. Consultant shall also prepare a
brief monthly progress summary letter report for attachment to the monthly invoice to
track status of budget expenditures by task description and key work activities completed
during that billing period.
Consultant Deliverables: Monthly progress summary letter with each invoice.
Task 1.2 – Pre-Construction Meeting. The purpose of this meeting is to facilitate
understanding of the contract requirements by all parties involved. Consultant’s project
manager and project engineer shall attend the pre-construction meeting.
Consultant Deliverables: Attendance and input at the pre-construction meeting.
Task 1.3 – Risk Management Meeting. The purpose of this meeting is to assist K/J in
identifying risks associated with the construction work and to develop a risk register for
K/J to track and mitigate/manage each risk. Consultant’s project manager and project
engineer shall attend the risk management meeting.
Consultant Deliverables: Attendance and input at the risk management meeting.
Task 1.4 – Progress Meetings. The purpose of these meetings is to discuss construction
status and to review key issues with the Contractor. For budgeting purposes, Consultant’s
project manager shall attend a total of 100 progress meetings and Consultant’s project
engineer shall attend a total of 200 progress meetings.
Consultant Deliverables: Attendance and input at the progress meetings.
Task 1.5 –Technical Meetings. The purpose of these meetings is to discuss technical
elements of the project outside of the regular progress meetings.
Consultant Deliverables: Attendance and input at the technical meetings.
Task 1.6 – Pre-Installation Meetings. The purpose of these meetings is to discuss
installation of various equipment and/or systems that require major coordination between
the Contractor, subcontractors, and plant staff. These include the following:
Secondary clarifier mechanism.
RAS pumps.
Anaerobic selector mixers.
Aeration diffusers.
Linear motion mixer.
High solids digestion system and subsystem.
Digester gas conditioning system.
Consultant Deliverables: Attendance and input at pre-installation meetings.
Task 1.7 – Process and System Shutdown Meetings. The purpose of these meetings is to
discuss process and system shutdowns that impact plant operations. For budgeting
purposes, Consultant shall attend 30 process and system shutdown meetings at an average
meeting time of 4 hours meeting.
Consultant Deliverables: Attendance and input at the process and system shutdown
meetings.
Task 1.8 – Electrical and Instrumentation Meetings. The purpose of these meetings is to
discuss MCC arrangement, short circuit and arc flash studies, SCADA system
integration, and PLC configuration.
Consultant Deliverables: Attendance and input at the electrical and instrumentation
meetings.
Task 1.9 – Post Construction Meeting. The purpose of this meeting is to discuss post
construction activities such as Contractor’s corrective action to punch list items.
Consultant’s project engineer shall attend the post construction meeting.
Consultant Deliverables: Attendance and input at the post construction meeting.
Task 2 – Engineering Support Services
Consultant shall perform the following engineering support services to assist the City, EKI, K/J,
and plant staff during the construction period.
Task 2.1 – EADOC Setup and Management. Consultant shall establish an electronic
cloud- based filing system (EADOC) for use to manage the electronic media and
information used during construction. Consultant shall set up the project under the
Consultant’s existing license with EADOC, upload Contract Documents into EADOC,
and perform monthly management of the system folders. Consultant shall also schedule
one 2-hour web-based training session for the City, EKI, K/J, and the Contractor to learn
how to use EADOC.
Consultant Deliverables: EADOC setup and training.
Task 2.2 – Conformed Documents. Consultant shall prepare conformed documents
(drawings and specifications) using Consultant’s standard format to include changes
contained in the addendums to be issued during the bid period.
Consultant Deliverables: One electronic copy of conformed documents for the City to
make and distribute hard copies.
Task 2.3 – Review RFIs. Consultant shall receive, log, review, and respond to RFIs and
issue interpretations and design clarifications to the contract documents. For budgeting
purposes, Consultant shall respond to approximately 500 RFIs at an average review time
of 4 hours per RFI response.
Consultant Deliverables: Responses to RFIs.
Task 2.4 – Review Submittals and Shop Drawings. Consultant shall receive, log, review
and respond to submittals and shop drawing submittals (excluding contractor’s
geotechnical report and temporary shoring submittals) from the Contractor forwarded by
K/J. Submittals will be reviewed and marked-up in accordance with the contract
documents and returned to K/J for processing and distribution to the Contractor and other
parties.
Consultant Deliverables: Review comments on submittals and shop drawings.
Task 2.5 – Prepare Design Clarifications. Consultant shall prepare as-needed design
clarifications to clarify and/or change the intent of the Contract Documents at the request
of K/J. In preparing the design clarification, Consultant shall issue revised specifications,
drawings, and/or sketches, if necessary, to clarify and/or change the intent of the Contract
Documents for K/J’s review and transmittal to the Contractor.
Consultant Deliverables: Completed design clarifications.
Task 2.6 – Review Request for Proposals. Consultant shall review proposed changes to
the Contract Documents proposed by the Contractor. It is assumed these changes will be
screened initially by K/J for merit. If it is determined that the request is worthy of further
review, K/J will issue a formal Request for Proposal (RFP). Consultant shall review the
RFP for impact on design intent, costs, and impacts to the construction schedule.
Consultant Deliverables: Review comments on the RFPs.
Task 2.7 – Review Change Orders. Consultant shall assist K/J in reviewing proposed
change orders submitted by the Contractor. Consultant’s review shall be limited to the
merits of the change order and providing input on applicable unit and material prices of
selected items. It is assumed that K/J will prepare an independent cost estimate of the
proposed change order for verification and to negotiate the proposed change order with
the Contractor on behalf of the City.
Consultant Deliverables: Review comments on proposed change orders.
Task 2.8 – Review Project Schedules. Consultant shall assist K/J in reviewing the
following project schedules: 1 preliminary baseline schedule, 1 final baseline schedule,
and 42 monthly project schedule updates. Consultant shall attend two meetings with K/J
and the Contractor to discuss schedule submittal format and procedures and review
baseline schedule comments. The schedule reviews will include checking for compliance
with contract requirements, construction activities and duration, schedule analysis,
critical-path analysis, and narrative analysis.
Consultant Deliverables: Review comments on project schedules.
Task 2.9 – Specialty Inspections. Consultant shall assist K/J in performing as-requested
specialty inspection services in the areas of civil, architectural, structural, mechanical,
coating, electrical, and instrumentation. For budgeting purposes, Consultant shall perform
20 specialty inspections at an average time of 6 hours per inspection.
Consultant Deliverables: Field inspection notes.
Task 2.10 – Final and Milestone Inspections. Consultant shall assist K/J in performing
final project “walk-through” and/or “Milestone” inspections for major project elements as
they reach substantial completion. These include: Secondary Clarifier No. 4, Digester
Gas Conditioning System, and High Solids Digestion System and Subsystems. After each
inspection, Consultant shall prepare a final punch list outlining outstanding items to be
completed by the Contractor to achieve final/milestone acceptance and submit each list to
K/J for review and implementation.
Consultant Deliverables: Field memos on punch-list items for the project elements listed
above.
Task 2.11 – Geotechnical Engineering Support Services. Consultant’s geotechnical
engineer (Fugro) shall provide the following services: field services, laboratory services,
and office services for project components that require geotechnical involvement. These
include: Secondary Clarifier No. 4, Storm Water Pump Stations No. 4 and 5, Digester
No. 1, Sludge Transfer Pump, Recuperative Thickening Facility, and Digester Gas
Conditioning System.
Fugro’s services shall include:
Consultation to address geotechnical related issues that may arise during
construction.
Review of 10 submittals and 10 RFIs.
Attendance at 4 meetings.
Perform 6 site visits to observe subgrade stabilization prior to placement
of engineered fill for new structures.
Perform 6 site visits to observe subgrade preparation prior to placement of
mat foundations for new structures.
Consultant Deliverables:
Responses to RFIs and submittals.
Field reports by geotechnical engineer for subgrade observations and actions.
Task 2.12 – Permitting and Funding Support. Consultant shall provide as-needed
permitting and funding support to the City and EKI during the construction duration.
These include:
San Francisco Bay Conservation and Development Commission: BCDC Permit.
Bay Area Air Quality Management District: Authority to Construct (ATC) and
Authority to Operate (ATO) permits.
State Water Resource Control Board: State Revolving Fund (SRF) loan matters.
Consultant Deliverables: As-needed assistance and response to permit and funding
agencies.
Task 3 – On-Site Engineering Support
Consultant shall provide on-site engineering support services to assist K/J and Contractor during
certain periods of the construction.
Task 3.1 – On-Site Engineering Support. Consultant shall provide on-site engineering
support services to assist K/J and Contractor to perform certain tasks, including but not
limited to the following: 1) review and respond to general questions related to the
contract documents, 2) review and respond to critical RFIs and field questions, 3) review
and respond to critical submittals and shop drawings, and 4) other support tasks as
requested by K/J. Consultant shall provide one design engineer (Daniel Chien) familiar
with the project to work in K/J’s construction trailer on an average of two days a week
for 104 weeks (208 working days) during the construction period. It is anticipated that
Consultant’s design engineer will only need to perform this service during the first half of
the construction period.
Consultant Deliverables: On-site engineering support.
Task 4 - Startup/Training
Consultant shall provide startup and operations training services for the following elements to
assist K/J and plant staff:
Aeration Basins with anaerobic selector technology.
Wet weather secondary treatment and clarification operation.
High Solids Digestion System and Subsystems.
Digester Gas Conditioning System
Task 4.1 – Startup Assistance. Consultant shall provide startup assistance to K/J and plant
staff. Consultant’s Operations Specialist(s) shall be available to resolve startup and process
setting adjustment issues and provide general consultation regarding equipment installation
issues. For this task, a budget equivalent to 300 hours has been included.
Consultant Deliverables: Assistance to startup questions.
Task 4.2 – Operations Training. Consultant shall perform an overview training to plant staff
prior to startup of new facilities. The purpose of the training is to inform plant staff of the
intended normal operating configurations and the available operational flexibility features.
This training does not replace the individual equipment manufacturer training to be provided
by the Contractor per the Contract Documents prior to the Consultant’s training. For
budgeting purposes, one training session will be conducted for the elements listed above with
duration of each session tailored to the specific topic. Each training session will include
classroom style training followed by field visits of the new facilities.
Consultant Deliverables: Training materials and training for elements listed above.
Task 5 - Record Drawings
Consultant shall prepare record drawings of the project to incorporate changes made during the
construction period.
Task 5.1 – Record Drawings. Consultant shall prepare record drawings using
Consultant’s standard format to include changes made during the construction period
after contract closeout. It is assumed that the Contractor and K/J will maintain a full-size
set of marked-up drawings detailing all field changes and clarifications. Consultant shall
not be responsible for field measuring as-built conditions and will rely solely on the
information provided by the Contractor and K/J as the basis for preparing the record
drawings.
Consultant Deliverables: One electronic copy (pdf) of the record drawings.
Task 6 – Electronic Operation and Maintenance Manual
Consultant shall prepare an electronic operation and maintenance manual (EOMM) instead of a
paper operations and maintenance (O&M) manual for major existing and new facilities at the
WQCP.
Task 6.1 – Electronic Operation and Maintenance Manual Development. Consultant shall
prepare an EOMM for the following existing and new elements at the WQCP:
Headworks
Influent Pump Station
Primary Clarifiers
Primary Sludge Pump Station
Aeration Basins
Secondary Clarifiers
RAS/WAS Pumping
Chlorine Contact Tanks
Dissolved Air Flotation Thickeners
Anaerobic Digesters
Belt Filter Presses
Cogeneration Engine
Digester Gas Conditioning System
Electrical System
For each element, Consultant shall prepare a chapter of the EOMM to include
descriptions on general process, design criteria, component equipment listing, process
control, startup and shutdown procedures, normal operating procedures, emergency
operating procedures, alarm conditions and troubleshooting, and maintenance
requirements. Consultant shall also populate and index into the EOMM electronic
documents such as record drawings, design specifications, construction photos,
construction submittals, manufacturers training videos, and vendor O&M manuals.
Consultant shall host the EOMM on an internet-based Microsoft SharePoint server for the
duration of system development, until the EOMM is installed and migrated to the City’s
server at the completion of this contract.
Consultant shall conduct two 3-hour confirmation workshop to present the EOMM with
populated content at the 50 and 90 percent completion levels. The intent of these
workshop is to gather feedback on revisions desired by plant staff during completion of
the EOMM.
Once completed, Consultant shall migrate the Microsoft SharePoint EOMM content
database from Consultant’s hosted server to the City’s server and assist with installation,
configuration, and testing to confirm proper operation and accessibility by City and plant
staff.
Consultant shall provide two 2-hour training sessions for City and plant staff on EOMM
user access and content management. Consultant shall provide basic documentation for
content and system administration.
Consultant Deliverables: Draft and Final EOMM chapters for 14 elements.
EXHIBIT B
COMPENSATION SCHEDULE
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:18-653 Agenda Date:7/25/2018
Version:1 Item #:4.
Report regarding a resolution approving a consulting services agreement with Metropolitan Planning Group of
Campbell,California for staff augmentation services in an amount not to exceed $130,000,authorizing the City
Manager to execute the agreement, and authorizing a total budget of $130,000. (Tony Rozzi, Principal Planner)
RECOMMENDATION
Staff recommends that the City Council of the City of South San Francisco adopt a resolution approving
a consulting services agreement amendment with Metropolitan Planning Group (DBA M-Group)of
Campbell,California for staff augmentation services in an amount not to exceed $130,000,authorizing
the City Manager to execute the agreement, and authorizing a total budget of $130,000.
BACKGROUND/DISCUSSION
During the last two fiscal years,the Planning Division has received a large volume of entitlement applications
for complex mixed-use and commercial campus developments.These projects,coupled with the typical
applications for single family dwelling remodels,commercial tenant improvements,business licenses,signage,
special events,parking exceptions,and use permit requests have increased the workload significantly and
lengthened the entitlement review duration.
In order to preserve high quality customer service,and to better manage day to day application review,staff
solicited proposals from consultant teams to provide part-time staff augmentation and on-site consultant
assistance for the Planning Division.On July 20,2017,staff issued a Request for Proposals (RFP)for
Professional Services,included as Attachment 1,which was distributed via email to the Planning Division’s On
-Call consultant list and other interested firms.Fourteen (14)firms in total were sent the RFP and two proposals
were received on the due date of August 4,2017 from Stevenson,Porto &Pierce,Inc and the Metropolitan
Planning Group.While the interest was low,this is not unusual,since few consultant firms have the specific
capacity to provide staff augmentation and current planning staff support.Rather,most planning consultant
firms specialize in comprehensive long-range planning (general plans, technical studies, zoning updates, etc.).
After reviewing the two submitted proposals,interviews were held for both proposing consultants on August
11,2017.The panel consisted of the Planning Manager and a Senior Planner,who both would provide direct
supervision.Proposals were evaluated based on several criteria,including:project understanding and approach,
qualifications of the firm and staff, and the overall presentation at the interview.
Of the two consultants,the Metropolitan Planning Group (M-Group)proved to be the best fit for the City and
was recommended by the selection panel for a contract in the amount of $65,000,executed by the City
Manager.M-Group’s 2017 proposal is included as Attachment 2.M-Group has provided staff support in 55 Bay
Area jurisdictions,including Hayward,a comparably sized city.Since September,2017 the M-Group has
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File #:18-653 Agenda Date:7/25/2018
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Area jurisdictions,including Hayward,a comparably sized city.Since September,2017 the M-Group has
placed a staff member at the Planning Division for two days per week to support new applications and Planning
initiatives, including the recently adopted Small Cell Wireless ordinance.
Planning staff has monitored and evaluated the work of M-Group during their initial contract term,and
determined that M-Group has performed at a very high level and provided outstanding quality of service.
During Fiscal Year 2017-18,the consultant planner provided principal support for several Planning
Commission hearings,Zoning Administrator hearings,counter inquiries,and plan check reviews.M-Group’s
staff planner for the City has become adept at using the City’s zoning tools and implementing policies.
For this reason,staff recommends continuing contractual services with M-Group,as the previously selected
firm from the City’s competitive RFP process.With M-Group’s staff planner successfully on-board and trained
with the Planning Division,this contract will provide seamless full-time assistance,as needed,for staff support
and general planning services,and will allow the Planning Division to maintain current levels of customer
service without adding permanent staff.
Accordingly,in the Fiscal Year 2018-19 Budget,the Planning Division requested an allocation of $130,000 to
continue contractual services with the M-Group.The $130,000 allocation was approved by Council as part of
the FY 2018-19 Budget.
Under the proposed contract prepared by staff,the consultant would continue work uninterrupted and the term
of their services would extend to June 30, 2019, unless otherwise authorized for extension or modification.
FISCAL IMPACT
Funding for this project was approved as part of the Fiscal Year 2018-19 Budget.
CONCLUSION
Staff recommends the City Council adopt a resolution authorizing the City Manager to execute a consulting
services agreement amendment with the Metropolitan Planning Group based on their qualifications,experience,
and ongoing high quality work for the City of South San Francisco.
Attachments
1.Planning Consultant Services Request for Proposals
2.Metropolitan Planning Group Proposal
City of South San Francisco Printed on 7/20/2018Page 2 of 2
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400 GRAND AVENUE P.O. BOX 711 SOUTH SAN FRANCISCO, CA 94083
CITY COUNCIL 2017
PRADEEP GUPTA, PH.D, MAYOR
LIZA NORMANDY, VICE MAYOR
RICHARD A. GARBARINO, COUNCILMEMBER
KARYL MATSUMOTO, COUNCILMEMBER
MARK ADDIEGO, COUNCILMEMBER
MIKE FUTRELL, CITY MANAGER
PLANNING DIVISION
PHONE: (650) 877-8535
EMAIL: [email protected]
July 20, 2017
NOTICE
REQUEST FOR PROPOSAL (RFP): Planning and Environmental Staff Support Services
THE CITY OF SOUTH SAN FRANCISCO PLANNING DIVISION INVITES YOU TO SUBMIT A
PROPOSAL FOR THE FOLLOWING SERVICES:
The City of South San Francisco (City) is seeking submittals of qualifications for planning consultants
with environmental and planning experience, to support Planning Division staff with ongoing projects.
Typical projects will include assistance with environmental documents and processing entitlement
applications (Design Review, Use Permits, Sign Permits, and Wireless Facilities). The selected
planning consultant will work on-site at the Planning Division with staff, developers, architects,
attorneys and the public regarding zoning requirements and standards, will prepare staff reports for
Planning Commission and City Council, and will present at public hearings as needed. The City would
like an Assistant or Associate level planner for this part-time consulting position (estimated 20 hours per
week).
Specific additional tasks could include:
• Public Counter Assistance and inquiry follow-up;
• Phone coverage for Planning Division;
• Business License Application review;
• Site inspections with Building Division staff; and
• Design Review of Single Family Homes and some commercial projects
Should you choose to respond, proposals are due to the Planning Division no later than:
4:00 p.m. on August 4, 2017 with interviews being held on August 11, 2017.
Please submit an electronic copy of your proposal in PDF format via email to:
Sailesh Mehra, Planning Manager
[email protected]
Page 2 of 2
RFP: Planning and Environmental Staff Support Services
400 GRAND AVENUE P.O. BOX 711 SOUTH SAN FRANCISCO, CA 94083
The proposal must include the following:
• Key team members / team structure, including roles and responsibilities
• Examples of representative current planning staff augmentation, with an emphasis on Bay Area
experience
• Hourly billing rate for proposed team members
If you have specific questions, please contact Sailesh Mehra at (650) 877-8535, or via email at
[email protected].
m-group.us 307 Orchard City Drive, Suite 100, Campbell, CA 95008 408.340.5642
a new design on urban planning
August 4, 2017
Sailesh Mehra, Planning Manager
Planning Division
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94083
[email protected]
RE: Proposal to Provide Planning and Environmental Staff Support Services
Dear Mr. Mehra,
Metropolitan Planning Group (M-Group) is pleased to submit this proposal to provide on-site Planning
and Environmental Staff Support Services for the City of South San Francisco. M-Group understands that
the City seeks a contract planner for approximately 20 hours per week to assist in providing planning
services to support current planning functions, including processing of entitlement applications,
preparation of staff reports, presentation of projects at public hearings, and additional tasks such as
counter assistance, phone coverage, site inspections, and design review.
About M-Group
With a focus on serving local communities in the region, M-Group has consistently demonstrated an ability
to provide outstanding planning services for over 55 Bay Area jurisdictions. We work seamlessly with City
staff, stakeholders, and decision makers to address community planning needs in a manner that is tailored
to the uniqueness of the community and their particular needs. Timeliness, efficiency, utilizing best
practices, and providing excellent customer service are at the core of our approach to planning and
environmental consulting.
Proposal
M-Group employs over 40 professional planners at every level, from Planning Technician to Principal
Planner, and we have the ability and capacity to provide the City of South San Francisco with planning
assistance for any type of project. We have planners that can work on-site as extensions of City staff, and
we can also provide planners that can assist with managing specific projects. To respond to the needs of
the City of South San Francisco for this particular RFP, M-Group proposes Associate Planner Justin Shiu for
the assignment.
Qualifications
Justin’s planning experience has a foundation in his work with Bay Area jurisdictions in both on-site
staffing assignments and long-range planning projects.
As detailed on the attached resume, Justin has assisted jurisdictions in application review and entitlement
processing, including residential design review, use permits, sign permits, and variance applications. He
has the ability to step into the roles required for each jurisdiction, from providing planning counter
assistance, reviewing building permits, and business license applications to taking applications through
the Planning Commission review process.
m-group.us 307 Orchard City Drive, Suite 100, Campbell, CA 95008 408.340.5642
a new design on urban planning
In addition to assisting planning departments in their day-to-day functions, Justin has worked with
jurisdictions in long-range planning projects. He is currently involved in the development of a corridor
specific plan for the City of Sunnyvale and is spearheading the update of accessory dwelling unit
ordinances for the Town of Moraga and the City of San Rafael. Justin has also worked on Housing Elements
for several Bay Area cities during the last cycle. In environmental review projects, Justin has worked with
M-Group staff on the evaluation of environmental impacts discussions for Initial Studies. If the City desires
any assistance on development of graphics for policy projects, Justin has experience in mapping using
ArcGIS, graphic design employing Adobe Creative Suite, and 3D model creation using SketchUp. Justin is
a well-rounded planner with experience that can be an asset to the City’s Planning Division in
supplementing existing staff.
M-Group Staff
Justin Shiu is proposed to serve the on-site, day-to-day planning functions for the City of South San
Francisco.
Kristi Bascom, AICP, is proposed to serve as the Principal-in-Charge for the purposes of oversight and the
City’s point of contact for contract or staffing-related issues. Kristi and Justin work together out of M-
Group’s Hayward office and will provide a cohesive team for this project.
Hourly Rates
Justin’s rate is $105 per hour and Kristi’s is $185 per hour.
We hope that this letter proposal provides the information needed for your evaluation. Should you
require any other materials, please do not hesitate to contact me. We look forward to the opportunity to
work with the City of South San Francisco.
Sincerely,
KRISTI BASCOM, AICP
Principal
[email protected]
510.634.8443 x144 (office) or 925.872.6327 (cell)
Attachment: Justin Shiu Resume
J ustin Shiu
Associate Planner
m-group.us
EXPERIENCE
M-Group
Associate Planner
2015 – Present
M-Group
Assistant Planner
2013 – 2015
City of Lafayette, CA
Planning Intern/ Transportation
Planning Intern
2012 – 2013
City of Pittsburg, CA
Public Works Intern/
Shuttle Program Researcher
2011 – 2012
University of California
Transportation Center
Research Associate
2009
EDUCATION
Master of City and Regional
Planning &
Master of Science in Engineering,
for Transportation Planning
California Polytechnic State University
San Luis Obispo, CA
Bachelor of Arts in Urban Studies
University of California, Berkeley
Berkeley, CA
Justin has experience working for cities in current and long-range planning. His work in current
planning has included design review and permit processing for Bay Area cities. He has
contributed to long-range planning in projects ranging from municipal code amendments to
General Plan update projects, including Housing Elements. Justin brings together his technical
knowledge and his analytical skills to provide comprehensive support to local planning.
AREAS OF EXPERTISE
Development and Design Review
Mapping and Graphic Design
Policy Planning
Specific Plans and General Plan Updates
STAFFING SOLUTIONS
CURRENT PLANNING SERVICES | CITY OF SAUSALITO, CA
Provided staffing services in planning counter assistance and development review. Prepared
noticing, staff reports, and presentations for public hearings on items such as residential design
review, use permit requests, and capital improvement projects. Issued planning clearances for
over-the-counter permits and building permit finals.
CURRENT PLANNING SERVICES | CITY OF HAYWARD, CA
Staffed the planning counter and responded to inquiries. Reviewed submittals for site plan
review applications. Provided staff-level approval for home occupation permits. Assisted in
processing small cell wireless equipment applications and responding to community feedback.
CURRENT PLANNING SERVICES | CITY OF BENICIA, CA
Staffed the planning counter and responded to phone and email inquiries. Processed variances
and use permit applications, including determination of application completeness, coordination
with applicants, and preparation of staff reports for zoning administrator hearings. Issued staff-
level approval for sign permits and home occupation permits. Provided zoning clearance for
plans prior to building permit issuance.
DEVELOPMENT REVIEW | TOWN OF ROSS, CA
Conducted plan checks, processed lot line adjustment applications, issued tree permits,
drafted staff reports, and responded to questions from the community and from applicants.
CURRENT PLANNING SERVICES | CITY OF SARATOGA, CA
Answered questions and registered applications at the planning counter. Conducted review of
projects for over-the-counter planning approval. Determined application completeness for
design review projects and prepared staff reports for administrative or planning commission
approval. Reviewed residential additions, new residential projects, conditional use permits,
and sign permits.
Justin Shiu
Associate Planner
m-group.us
POLICY PLANNING
ADU ORDINANCE UPDATES | VARIOUS CITIES
Working with the City of San Rafael on an update to the City’s accessory dwelling unit ordinance
to bring it into compliance with State law. Recommended interim measures for new applications
while the ordinance is being updated and prepared handouts explaining regulations.
Collaborating with Town of Moraga Staff to draft updates to the ADU ordinance and bring it
into compliance with State law.
ZONING CODE RETOOLING | CITY OF SUNNYVALE, CA
Worked with City staff to improve the readability and accessibility of the zoning code through
a reorganization of the current structure.
EL CAMINO REAL CORRIDOR SPECIFIC PLAN | CITY OF SUNNYVALE, CA
Engaged in research, land use planning, and workshop preparation to develop a vision for land
uses and multimodal circulation along the El Camino Real corridor in Sunnyvale. Contributed
in the assessment of existing conditions, development of outreach material, drafting of the
vision and principles, preparation of conceptual land use alternatives, and evaluation of
development potential. Prepared outreach materials, compiled meeting summaries, and
maintained an up-to-date project website.
2015-2023 HOUSING ELEMENT UPDATE | VARIOUS CITIES
Assisted cities in obtaining HCD certification for their Housing Elements through the streamlined
update process. Conducted the housing needs assessments for cities in Sonoma, Marin, San
Mateo, and Santa Clara counties to understand the housing need of jurisdictions for the 2015
-2023 planning period. Collaborated on updates to the constraints, resources, site inventory
and programs sections of the Housing Element. Prepared draft documents for HCD streamlined
review. Helped finalize Housing Elements and prepare them for Planning Commission hearings
and City Council adoption.
GENERAL PLAN 10 YEAR STATUS REPORT AND AMENDMENT | CITY OF SAN
RAFAEL, CA
Compiled a 10-year status report on program accomplishments for the 16 Elements of the San
Rafael General Plan. Prepared amendments to the General Plan based on the status report and
in conjunction with City staff. Drafted a General Plan EIR Addendum.
ENVIRONMENTAL REVIEW
INITIAL STUDIES/(MITIGATED) NEGATIVE DECLARATIONS | VARIOUS
CITIES
Assisted in the preparation of initial studies/ (mitigated) negative declarations for study areas
in various Bay Area cities. Collaborated on drafting sections for the evaluation of environmental
impacts. Prepared exhibits showing land uses, natural resources, and impacts used in
environmental documents of various projects.
City of South San Francisco
Legislation Text
P.O. Box 711 (City Hall, 400
Grand Avenue)
South San Francisco, CA
File #:18-654 Agenda Date:7/25/2018
Version:1 Item #:4a.
Resolution approving a consulting services agreement with the Metropolitan Planning Group of Campbell,
California for staff augmentation services in an amount not to exceed $130,000,authorizing the City Manager
to execute the agreement, and authorizing a budget of $130,000.
WHEREAS,the City of South San Francisco (City)has identified the ongoing need to supplement Planning
Division staffing to ensure a continued high-quality customer service environment; and
WHEREAS,the City issued a Request for Proposals (RFP)for Professional Services on July 20,2017,received
two qualified proposals, and interviewed all proposing consultants on August 4, 2017; and
WHEREAS,based on the interviews and the qualifications submitted,and the successful partnership between
the City andthe Metropolitan Planning Group,this consultant demonstrated it has the staffing availability and
expertise to provide the staff augmentation services that will support the City’s mission for customer oriented
service and timely entitlement review.
NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City
Council hereby approves a consulting services agreement,attached hereto as Exhibit A,with Metropolitan
Planning Group (DBA M-Group)of Campbell,California in an amount not to exceed $130,000,conditioned on
the timely execution of the consulting services agreement and submission of all required documents,including
but not limited to, certificates of insurance and endorsements, in accordance with the Project documents.
BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance
Department to establish the Project budget consistent with the information contained in the staff report.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement and any
other related documents on behalf of the City upon timely submission by Metropolitan Planning Group of
signed contract and all other documents, subject to approval as to form by the City Attorney.
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to take any other required actions
consistent with the intent of this resolution, that do not materially increase the City’s obligations.
*****
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Consulting Services Agreement between [Rev:11.14.2016] 7/25/2018
City of South San Francisco and Metropolitan Planning Group Page 1 of 16
CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF SOUTH SAN FRANCISCO AND METROPOLITAN PLANNING GROUP
THIS AGREEMENT for consulting services is made by and between the City of South San
Francisco (“City”) and Metropolitan Planning Group “Consultant”) (together sometimes referred to as the
“Parties”) as of July 25, 2018 (the “Effective Date”).
Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant
shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto
and incorporated herein, at the time and place and in the manner specified therein. In the event of a
conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall
prevail.
1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall
end on June 30, 2019, the date of completion specified in Exhibit A, and Consultant shall
complete the work described in Exhibit A prior to that date, unless the term of the
Agreement is otherwise terminated or extended, as provided for in Section 8. The time
provided to Consultant to complete the services required by this Agreement shall not affect
the City’s right to terminate the Agreement, as provided for in Section 8.
1.2 Standard of Performance. Consultant shall perform all services required pursuant to this
Agreement in the manner and according to the standards observed by a competent
practitioner of the profession in which Consultant is engaged in the geographical area in
which Consultant practices its profession. Consultant shall prepare all work products
required by this Agreement in a substantial, first-class manner and shall conform to the
standards of quality normally observed by a person practicing in Consultant's profession.
1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that City, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Consultant shall, immediately upon receiving notice from City of such desire of City,
reassign such person or persons.
1.4 Time. Consultant shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder.
Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed One
Hundred and Thirty Thousand dollars ($130,000.00), notwithstanding any contrary indications that may be
contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this
Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as
Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant
for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The
payments specified below shall be the only payments from City to Consultant for services rendered
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pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein.
Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by
more than one person.
Consultant and City acknowledge and agree that compensation paid by City to Consultant under this
Agreement is based upon Consultant’s estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Consultant shall submit invoices, not more often than once per month during
the term of this Agreement, based on the cost for services performed and reimbursable
costs incurred prior to the invoice date. Invoices shall contain the following information:
Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice,
etc.);
The beginning and ending dates of the billing period;
A task summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
At City’s option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
The total number of hours of work performed under the Agreement by Consultant
and each employee, agent, and subcontractor of Consultant performing services
hereunder, as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds eight hundred (800) hours, which shall include an estimate of
the time necessary to complete the work described in Exhibit A;
The amount and purpose of actual expenditures for which reimbursement is
sought;
The Consultant’s signature.
2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. City
shall have thirty (30) days from the receipt of an invoice that complies with all of the
requirements above to pay Consultant. City shall have no obligation to pay invoices
submitted ninety (90) days past the performance of work or incurrence of cost.
2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to
this Agreement within sixty (60) days after completion of the services and submittal to City
of a final invoice, if all services required have been satisfactorily performed.
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2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to
this Agreement. City shall not pay any additional sum for any expense or cost whatsoever
incurred by Consultant in rendering services pursuant to this Agreement. City shall make
no payment for any extra, further, or additional service pursuant to this Agreement.
In no event shall Consultant submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto and incorporated
herein as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are included in the total amount of
compensation provided under Section 2 of this Agreement that shall not be exceeded.
2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes.
To be exempt from tax withholding, Consultant must provide City with a valid California
Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590
shall be attached hereto and incorporated herein as Exhibit D. Unless Consultant
provides City with a valid Form 590 or other valid, written evidence of an exemption or
waiver from withholding, City may withhold California taxes from payments to Consultant
as required by law. Consultant shall obtain, and maintain on file for three (3) years after the
termination of this Agreement, Form 590s (or other written evidence of exemptions or
waivers) from all subcontractors. Consultant accepts sole responsibility for withholding
taxes from any non-California resident subcontractor and shall submit written
documentation of compliance with Consultant’s withholding duty to City upon request.
2.8 Payment upon Termination. In the event that the City or Consultant terminates this
Agreement pursuant to Section 8, the City shall compensate the Consultant for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Consultant shall maintain adequate logs and
timesheets in order to verify costs incurred to that date.
2.9 Authorization to Perform Services. The Consultant is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
2.10 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes
of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be
not less than the prevailing rate for a day’s work in the same trade or occupation in the
locality within the state where the work hereby contemplates to be performed as
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determined by the Director of Industrial Relations pursuant to the Director’s authority under
Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by
Consultant or by any subcontractor shall receive the wages herein provided for. The
Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor
Code Section 1775, as may be amended, per day penalty for each worker paid less than
prevailing rate of per diem wages. The difference between the prevailing rate of per diem
wages and the wage paid to each worker shall be paid by the Consultant to each worker.
An error on the part of an awarding body does not relieve the Consultant from
responsibility for payment of the prevailing rate of per diem wages and penalties pursuant
to Labor Code Sections 1770 1775. The City will not recognize any claim for additional
compensation because of the payment by the Consultant for any wage rate in excess of
prevailing wage rate set forth. The possibility of wage increases is one of the elements to
be considered by the Consultant.
a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of
prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the
Consultant shall post at appropriate conspicuous points at the site of the project a
schedule showing all determined prevailing wage rates for the various classes of laborers
and mechanics to be engaged in work on the project under this contract and all
deductions, if any, required by law to be made from unpaid wages actually earned by the
laborers and mechanics so engaged.
b. Payroll Records. Each Consultant and subcontractor shall keep an accurate
payroll record, showing the name, address, social security number, work week, and the
actual per diem wages paid to each journeyman, apprentice, worker, or other employee
employed by the Consultant in connection with the public work. Such records shall be
certified and submitted weekly as required by Labor Code Section 1776.”
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement. City shall make available to Consultant only the facilities and equipment listed
in this section, and only under the terms and conditions set forth herein.
City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be
reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and
the information in possession of the City. The location, quantity, and time of furnishing those facilities shall
be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve
incurring any direct expense, including but not limited to computer, long-distance telephone or other
communication charges, vehicles, and reproduction facilities.
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
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arise from or in connection with the performance of the work hereunder by the Consultant and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall
provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that
Consultant has obtained or currently maintains insurance that meets the requirements of this section and
under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance
policies required by this section throughout the term of this Agreement. The cost of such insurance shall be
included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any
subcontract until Consultant has obtained all insurance required herein for the subcontractor(s).
4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain
Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any
and all persons employed directly or indirectly by Consultant. The Statutory Workers’
Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of
not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative,
Consultant may rely on a self-insurance program to meet those requirements, but only if
the program of self-insurance complies fully with the provisions of the California Labor
Code. Determination of whether a self-insurance program meets the standards of the
Labor Code shall be solely in the discretion of the Contract Administrator (as defined in
Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self-
insurance is provided, shall waive all rights of subrogation against the City and its officers,
officials, employees, and volunteers for loss arising from work performed under this
Agreement.
4.2 Commercial General and Automobile Liability Insurance.
4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00)
per occurrence, combined single limit coverage for risks associated with the work
contemplated by this Agreement. If a Commercial General Liability Insurance or an
Automobile Liability form or other form with a general aggregate limit is used,
either the general aggregate limit shall apply separately to the work to be
performed under this Agreement or the general aggregate limit shall be at least
twice the required occurrence limit. Such coverage shall include but shall not be
limited to, protection against claims arising from bodily and personal injury,
including death resulting there from, and damage to property resulting from
activities contemplated under this Agreement, including the use of owned and non-
owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 or GL 0002 (most recent editions) covering comprehensive General
Liability and Insurance Services Office form number GL 0404 covering Broad
Form Comprehensive General Liability. Automobile coverage shall be at least as
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broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90)
Code 8 and 9. No endorsement shall be attached limiting the coverage.
4.2.3 Additional requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
a. The insurance shall cover on an occurrence or an accident basis, and not
on a claims-made basis.
b. Any failure of Consultant to comply with reporting provisions of the policy
shall not affect coverage provided to City and its officers, employees,
agents, and volunteers.
4.3 Professional Liability Insurance.
4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed
professionals’ errors and omissions. Any deductible or self-insured retention shall
not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim.
4.3.2 Claims-made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five (5) years after completion of the Agreement or
the work, so long as commercially available at reasonable rates.
c. If coverage is canceled or not renewed and it is not replaced with another
claims-made policy form with a retroactive date that precedes the date of
this Agreement, Consultant must provide extended reporting coverage for
a minimum of five (5) years after completion of the Agreement or the work.
The City shall have the right to exercise, at the Consultant’s sole cost and
expense, any extended reporting provisions of the policy, if the Consultant
cancels or does not renew the coverage.
d. A copy of the claim reporting requirements must be submitted to the City
prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
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4.4.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VII.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Consultant shall furnish City with complete copies of all policies delivered to
Consultant by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and certified endorsements shall show the
signature of a person authorized by that insurer to bind coverage on its behalf. If
the City does not receive the required insurance documents prior to the Consultant
beginning work, it shall not waive the Consultant’s obligation to provide them. The
City reserves the right to require complete copies of all required insurance policies
at any time.
4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement
shall be attached to all insurance obtained pursuant to this Agreement stating that
coverage shall not be suspended, voided, canceled by either party, or reduced in
coverage or in limits, except after thirty (30) days' prior written notice by certified
mail, return receipt requested, has been given to the City. In the event that any
coverage required by this section is reduced, limited, cancelled, or materially
affected in any other manner, Consultant shall provide written notice to City at
Consultant’s earliest possible opportunity and in no case later than ten (10)
working days after Consultant is notified of the change in coverage.
4.4.4 Additional insured; primary insurance. City and its officers, employees, agents,
and volunteers shall be covered as additional insureds with respect to each of the
following: liability arising out of activities performed by or on behalf of Consultant,
including the insured’s general supervision of Consultant; products and completed
operations of Consultant, as applicable; premises owned, occupied, or used by
Consultant; and automobiles owned, leased, or used by the Consultant in the
course of providing services pursuant to this Agreement. The coverage shall
contain no special limitations on the scope of protection afforded to City or its
officers, employees, agents, or volunteers.
A certified endorsement must be attached to all policies stating that coverage is
primary insurance with respect to the City and its officers, officials, employees and
volunteers, and that no insurance or self-insurance maintained by the City shall be
called upon to contribute to a loss under the coverage.
4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and
obtain the approval of City for the self-insured retentions and deductibles before
beginning any of the services or work called for by any term of this Agreement.
Further, if the Consultant’s insurance policy includes a self-insured retention that
must be paid by a named insured as a precondition of the insurer’s liability, or
which has the effect of providing that payments of the self-insured retention by
others, including additional insureds or insurers do not serve to satisfy the self-
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insured retention, such provisions must be modified by special endorsement so as
to not apply to the additional insured coverage required by this agreement so as to
not prevent any of the parties to this agreement from satisfying or paying the self-
insured retention required to be paid as a precondition to the insurer’s liability.
Additionally, the certificates of insurance must note whether the policy does or
does not include any self-insured retention and also must disclose the deductible.
During the period covered by this Agreement, only upon the prior express written
authorization of Contract Administrator, Consultant may increase such deductibles
or self-insured retentions with respect to City, its officers, employees, agents, and
volunteers. The Contract Administrator may condition approval of an increase in
deductible or self-insured retention levels with a requirement that Consultant
procure a bond, guaranteeing payment of losses and related investigations, claim
administration, and defense expenses that is satisfactory in all respects to each of
them.
4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its
policies or shall furnish separate certificates and certified endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a
“wasting” policy limit.
4.4.8 Variation. The City may approve a variation in the foregoing insurance
requirements, upon a determination that the coverage, scope, limits, and forms of
such insurance are either not commercially available, or that the City’s interests
are otherwise fully protected.
4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, City may, at its sole option exercise any of the following remedies, which
are alternatives to other remedies City may have and are not the exclusive remedy for
Consultant’s breach:
a. Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
b. Order Consultant to stop work under this Agreement or withhold any payment that
becomes due to Consultant hereunder, or both stop work and withhold any payment,
until Consultant demonstrates compliance with the requirements hereof; and/or
c. Terminate this Agreement.
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Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the fullest extent
permitted by law, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless
the City and its officials, officers, employees, agents, and volunteers from and against any and all losses,
liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily
injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or
ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent acts or omissions
of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly
liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply
when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross
negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the
actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury,
loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify
and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code.
Acceptance by City of insurance certificates and endorsements required under this Agreement does not
relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification
and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance
policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges
and agrees to the provisions of this Section and that it is a material element of consideration.
In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall
indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions
for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the
payment of any penalties and interest on such contributions, which would otherwise be the responsibility of
City.
Section 6. STATUS OF CONSULTANT.
6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall
be an independent contractor and shall not be an employee of City. City shall have the
right to control Consultant only insofar as the results of Consultant's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or become entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by City, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of City and entitlement to any contribution to be paid by City for
employer contributions and/or employee contributions for PERS benefits.
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6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no
authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent or to bind City to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Governing Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Consultant and any subcontractors
shall comply with all applicable rules and regulations to which City is bound by the terms of
such fiscal assistance program.
7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals, including from City, of what-so-ever nature that are legally required to
practice their respective professions. Consultant represents and warrants to City that
Consultant and its employees, agents, any subcontractors shall, at their sole cost and
expense, keep in effect at all times during the term of this Agreement any licenses,
permits, and approvals that are legally required to practice their respective professions. In
addition to the foregoing, Consultant and any subcontractors shall obtain and maintain
during the term of this Agreement valid Business Licenses from City.
7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the
basis of a person’s race, religion, color, national origin, age, physical or mental handicap or
disability, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Consultant under this
Agreement. Consultant shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Consultant thereby.
Consultant shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement.
Section 8. TERMINATION AND MODIFICATION.
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8.1 Termination. City may cancel this Agreement at any time and without cause upon written
notification to Consultant.
Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and
shall include in such notice the reasons for cancellation.
In the event of termination, Consultant shall be entitled to compensation for services
performed to the date of notice of termination; City, however, may condition payment of
such compensation upon Consultant delivering to City all materials described in Section
9.1.
8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a
written amendment to this Agreement, as provided for herein. Consultant understands and
agrees that, if City grants such an extension, City shall have no obligation to provide
Consultant with compensation beyond the maximum amount provided for in this
Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no
obligation to reimburse Consultant for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this
Agreement contemplates personal performance by Consultant and is based upon a
determination of Consultant’s unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to City for entering into this
Agreement was and is the professional reputation and competence of Consultant.
Consultant may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Consultant shall not assign or subcontract any
portion of the performance contemplated and provided for herein, other than to the
subcontractors noted in the proposal, without prior written approval of the Contract
Administrator.
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between City and Consultant shall survive
the termination of this Agreement.
8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms
of this Agreement, City’s remedies shall include, but not be limited to, the following:
8.6.1 Immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Consultant pursuant to this Agreement;
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8.6.3 Retain a different consultant to complete the work described in Exhibit A not
finished by Consultant; or
8.6.4 Charge Consultant the difference between the cost to complete the work
described in Exhibit A that is unfinished at the time of breach and the amount that
City would have paid Consultant pursuant to Section 2 if Consultant had
completed the work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Consultant prepares or obtains pursuant to this Agreement and that relate to the matters
covered hereunder shall be the property of the City. Consultant hereby agrees to deliver
those documents to the City upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
above, prepared pursuant to this Agreement are prepared specifically for the City and are
not necessarily suitable for any future or other use. City and Consultant agree that, until
final approval by City, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties unless required by law.
9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the City under this Agreement for a minimum of three (3) years, or for any longer period
required by law, from the date of final payment to the Consultant to this Agreement.
9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Consultant to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the City. Under California Government Code Section 8546.7, if the amount of public funds
expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the
Agreement shall be subject to the examination and audit of the State Auditor, at the
request of City or as part of any audit of the City, for a period of three (3) years after final
payment under the Agreement.
9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All
responses to a Request for Proposals (RFP) or invitation to bid issued by the City become
the exclusive property of the City. At such time as the City selects a bid, all proposals
received become a matter of public record, and shall be regarded as public records, with
the exception of those elements in each proposal that are defined by Consultant and
plainly marked as “Confidential,” "Business Secret" or “Trade Secret."
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The City shall not be liable or in any way responsible for the disclosure of any such
proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or
"Business Secret," or if disclosure is required under the Public Records Act.
Although the California Public Records Act recognizes that certain confidential trade secret
information may be protected from disclosure, the City may not be in a position to establish
that the information that a prospective bidder submits is a trade secret. If a request is
made for information marked "Trade Secret" or "Business Secret," and the requester takes
legal action seeking release of the materials it believes does not constitute trade secret
information, by submitting a proposal, Consultant agrees to indemnify, defend and hold
harmless the City, its agents and employees, from any judgment, fines, penalties, and
award of attorneys fees awarded against the City in favor of the party requesting the
information, and any and all costs connected with that defense. This obligation to
indemnify survives the City's award of the contract. Consultant agrees that this
indemnification survives as long as the trade secret information is in the City's possession,
which includes a minimum retention period for such documents.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an
action for declaratory relief, to enforce or interpret the provision of this Agreement, the
prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief
to which that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County San Mateo or in the United States District Court for
the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect. The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
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10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within
the corporate limits of City or whose business, regardless of location, would place
Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act,
codified at California Government Code Section 81000 et seq.
Consultant shall not employ any City official in the work performed pursuant to this
Agreement. No officer or employee of City shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12)
months, an employee, agent, appointee, or official of the City. If Consultant was an
employee, agent, appointee, or official of the City in the previous twelve (12) months,
Consultant warrants that it did not participate in any manner in the forming of this
Agreement. Consultant understands that, if this Agreement is made in violation of
Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be
entitled to any compensation for services performed pursuant to this Agreement, including
reimbursement of expenses, and Consultant will be required to reimburse the City for any
sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it
may be subject to criminal prosecution for a violation of Government Code § 1090 and, if
applicable, will be disqualified from holding public office in the State of California.
10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Tony Rozzi, Principal
Planner ("Contract Administrator"). All correspondence shall be directed to or through the
Contract Administrator or his or her designee.
10.10 Notices. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when
received if personally delivered; (ii) when received if transmitted by telecopy, if received
during normal business hours on a business day (or if not, the next business day after
delivery) provided that such facsimile is legible and that at the time such facsimile is sent
the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery
to a domestic address by recognized overnight delivery service (e.g., Federal Express);
and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In
each case notice shall be sent to the respective Parties as follows:
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Consultant Geoff Bradley
Metropolitan Planning Group
307 Orchard Drive, Suite 100
Campbell, CA 95008
City:
City Clerk
City of South San Francisco
400 Grand Avenue
South San Francisco, CA 94080
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated
herein, represents the entire and integrated agreement between City and Consultant and
supersedes all prior negotiations, representations, or agreements, either written or oral
pertaining to the matters herein.
10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or
other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with
other signed counterpart, shall constitute one Agreement, which shall be binding upon and
effective as to all Parties..
10.14 Construction. The headings in this Agreement are for the purpose of reference only and
shall not limit or otherwise affect any of the terms of this Agreement. The parties have had
an equal opportunity to participate in the drafting of this Agreement; therefore any
construction as against the drafting party shall not apply to this Agreement.
The Parties have executed this Agreement as of the Effective Date.
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CITY OF SOUTH SAN FRANCISCO Consultants
____________________________ _____________________________________
City Manager NAME:
TITLE:
Attest:
_____________________________
City Clerk
Approved as to Form:
____________________________
City Attorney
2729962.1
EXHIBIT A
SCOPE OF SERVICES
M-Group Scope of Work: Planning and Environmental Staff Support Services
Metropolitan Planning Group (M-Group) will provide on-site Planning and Environmental Staff
Support Services for the City of South San Francisco for approximately 20 hours / week with
potential for up to 40 hours / week, as needed.
The contract planner will provide services to support current planning functions
including:
• Processing of entitlement applications, including:
o Design review
o Conditional and Minor Use Permits
o Sign Permits
o Variances
• Preparation of staff reports
• Presentation of projects at public meetings and hearings
• Counter assistance
• Phone coverage
• Responding to email inquiries
• Site inspections
• Plan checks
• Review of business license applications
EXHIBIT B
COMPENSATION SCHEDULE
EXHIBIT C
INSURANCE CERTIFICATES
[OPTIONAL] EXHIBIT D
FORM 590