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HomeMy WebLinkAbout2019-11-13 e-packet@6:00Wednesday, November 13, 2019 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 November 13, 2019Special 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, November 13, 2019, 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. CONSENT CALENDAR Report regarding a resolution authorizing the acceptance of a $5,000 donation to the Parks and Recreation Department from Bimbo Bakeries USA to purchase new tables and chairs for the Senior Services Program at Magnolia Center. (Sharon Ranals, Director, Parks and Recreation Department) 1. Resolution authorizing the acceptance of a $5,000 donation to the Parks and Recreation Department from Bimbo Bakeries USA to purchase new tables and chairs for the Senior Services Program at Magnolia Center. 1a. Report regarding Resolution authorizing an application for SB2 Planning Grants (Sailesh Mehra, Planning Manager and Julie Barnard, Economic Development Coordinator) 2. Resolution authorizing application for and receipt of SB 2 Planning Grants Program Funds in the amount of $310,000 from the State of California, Department of Housing and Community Development for the purposes of streamlining and accelerating affordable housing production. 2a. Report regarding a resolution approving the final map for Bayview 22 (also known as Oakmont Meadows), authorizing the City Manager to execute the improvement agreement and stormwater treatment measures maintenance agreement, and authorizing the recordation of the final map, the improvement agreement and all related documents, and approving a credit for private off-site open space for common interest developments. (Jason Hallare, Senior Engineer) 3. Page 2 City of South San Francisco Printed on 1/14/2020 November 13, 2019Special City Council Special Meeting Agenda Resolution approving the final map for Bayview 22 (also known as Oakmont Meadows), authorizing the City Manager to execute the improvement agreement and stormwater treatment measures maintenance agreement, authorizing the recordation of the final map, the improvement agreement and all related documents, and approving a credit for private off-site open space for common interest developments. 3a. Report regarding a resolution accepting the increase of grant funds from the After School Education and Safety Grant by $19,194 for a total of $247,695 per year in Fiscal Years 2019-20 and 2020-21, and amending the Parks and Recreation Department and Library Department Fiscal Year 2019-20 and 2020-21 Operating Budgets pursuant to budget amendment #20-024. (Sharon Ranals, Parks and Recreation Director) 4. Resolution accepting the increase of grant funds from the After School Education and Safety Grant by $19,194 for a total of $247,695 per year in Fiscal Years 2019-20 and 2020-21, and amending the Parks and Recreation Department and Library Department Fiscal Year 2019-20 and 2020-21 Operating Budget pursuant to budget amendment #20-024. 4a. Report regarding a resolution authorizing the acceptance of $25,000 in grant funding from the Woodlawn Foundation to support the Community Learning Center’s after-school homework program and approve Budget Amendment 20.022. (Valerie Sommer, Library Director) 5. Resolution authorizing the acceptance of $25,000 in grant funding from the Woodlawn Foundation to support the Community Learning Center’s after-school homework program and approve Budget Amendment 20.022. 5a. Report regarding an Ordinance repealing and replacing Chapters 15.06, 15.08, 15.10, 15.12, 15.14, 15.16, 15.20, 15.22, 15.24, 15.26, 15.32, 15.34 and 15.36 of the South San Francisco Municipal Code pertaining to building regulations in their entirety, and adopting by reference and amending the 2019 Editions of the California Administrative, Building, Residential, Electrical, Mechanical, Plumbing, Energy, Historical Building, Fire, Green Building Standards, Existing Building, Referenced Standards Codes, and the International Property Maintenance Code. (Second Reading) (Phillip Perry, Building Official) 6. Page 3 City of South San Francisco Printed on 1/14/2020 November 13, 2019Special City Council Special Meeting Agenda An ordinance repealing and replacing Chapters 15.06 (California Administrative Code), 15.08 (California Building Code), 15.10 (Uniform Housing Code), 15.12 (California Plumbing Code), 15.14 (California Residential Code), 15.16 (California Mechanical Code), 15.20 (California Electrical Code), 15.22 ( California Green Building Standards Code), 15.24 (California Fire Code), 15.26 (California Energy Code), 15.32 (California Historical Building Code), 15.34 (California Existing Building Code), and 15.36 (California Referenced Standards Code) of the South San Francisco Municipal Code in order to adopt by reference and amend provisions of the 2019 Edition of the California Building Standards Code, California Code of Regulations, Title 24, parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12 6a. ADMINISTRATIVE BUSINESS Report regarding a resolution awarding a construction contract to JMB Construction, Inc. of South San Francisco, California for the Sanitary Sewer Pump Station No. 2 Upgrade (Project No. ss1702) in an amount not to exceed $ 4,505,000, authorizing a total construction budget of $6,350,500 and authorizing the City Manager to execute the construction contract on behalf of the City; and approving a cost-sharing agreement with Alexandria Real Estate Equities (ARE) to pay for architectural improvements to the station, and authorizing the City Manager to execute agreements on behalf of the City. (Nicholas Talbot, Assistant Plant Superintendent, and Peter Vorametsanti, Swinerton Management and Consulting) 7. Resolution awarding a construction contract to JMB Construction, Inc. of South San Francisco, California for the Sanitary Sewer Pump Station No. 2 Upgrade (Project No. ss1702) in an amount not to exceed $4,505,000 and authorizing a total project budget of $6,350,500, and authorizing the City Manager to execute the construction contract on behalf of the City; and approving a cost-sharing agreement with Alexandria Real Estate Equities (ARE) to pay for aesthetic improvements to the station appearance and authorizing the City Manager to execute said agreement on behalf of the City. 7a. ADJOURNMENT Page 4 City of South San Francisco Printed on 1/14/2020 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-872 Agenda Date:11/13/2019 Version:1 Item #:1. Report regarding a resolution authorizing the acceptance of a $5,000 donation to the Parks and Recreation Department from Bimbo Bakeries USA to purchase new tables and chairs for the Senior Services Program at Magnolia Center.(Sharon Ranals, Director, Parks and Recreation Department) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting a $5,000 donation to the Parks and Recreation Department from Bimbo Bakeries USA to purchase new tables and chairs for the Senior Services Program at Magnolia Center. BACKGROUND/DISCUSSION Over the past three years,Bimbo Bakeries USA has made generous donations to the Parks and Recreation Department to support different program areas.In 2016,after the completion of the Francisco Terrace Park renovation project,Bimbo Bakeries USA donated $5,000 to facilitate additional improvements at the park,most notably for resurfacing and striping of the basketball courts.In 2017,Bimbo Bakeries USA donated $10,000 for park improvements on Centennial Way near their facility,including installation of a drinking fountain,drought tolerant landscaping,and replacement of interpretive signage.In 2018,Bimbo Bakeries USA donated $5,300 to purchase equipment and supplies to go towards improvements to support the Aquatics Program at Orange Memorial Pool. In 2019,Bimbo Bakeries USA has again approached staff with a proposal to donate $5,000.Staff and Bimbo Bakeries USA representatives agreed that this year’s donation go towards the purchase of new tables and chairs for the Adult Day Care program at Magnolia Center.The existing tables and chairs at Magnolia Center have been in place for over 20 years.After many years of use,they are beginning to look worn out and are also very heavy for seniors and staff to move around.The tables and chairs identified for purchase are a lighter material that will be easier to move and more comfortable for seniors. Adult Day Care is one of the services offered as part of the Parks and Recreation Department’s Senior Services Program.The purpose of the Adult Day Care Program is to provide a structured day program for frail,and/or impaired adults with disabilities,such as Alzheimer’s,stroke,or Parkinson’s.The program is therapeutic and maximizes the client’s physical,emotional,and social functioning and encourages the highest level of independence.The program offers a variety of activities in a safe and secure environment with this goal in mind,as well as provides daily lunch and transportation services (for South San Francisco residents).This program also provides much needed respite for family members and caregivers.Additional services include community resource information, support group opportunities, and cultural and special events. Also typical of Bimbo Bakeries USA’s commitment to the community,the company’s monetary donation will be accompanied by a volunteer project.Several of the company’s staff members will be volunteering at Magnolia Center’s special Thanksgiving Luncheon for seniors on November 21,2019.Bimbo Bakeries treats will be offered to participants and the company’s mascot, Osito the bear, will also make a guest appearance. City of South San Francisco Printed on 11/14/2019Page 1 of 2 powered by Legistar™ File #:19-872 Agenda Date:11/13/2019 Version:1 Item #:1. FISCAL IMPACT Funds from this donation will be received and expended from the Parks and Recreation donation account. Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Acceptance of these donations will contribute to the City’s Strategic Plan under Priority #2 by helping to build a robust recreation program. CONCLUSION Receipt of these funds will offset the cost of new tables and chairs at Magnolia Center.It is recommended that the City Council accept the donation of $5,000 to support the Senior Services Program. City of South San Francisco Printed on 11/14/2019Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-873 Agenda Date:11/13/2019 Version:1 Item #:1a. Resolution authorizing the acceptance of a $5,000 donation to the Parks and Recreation Department from Bimbo Bakeries USA to purchase new tables and chairs for the Senior Services Program at Magnolia Center. WHEREAS,the City of South San Francisco (“City”)Parks and Recreation Department oversees the Senior Services Program at Magnolia Center; and WHEREAS,Bimbo Bakeries USA wishes to make a $5,000 donation to purchase new tables and chairs for the Senior Services Program at Magnolia Center; and WHEREAS,staff recommends the acceptance of a $5,000 donation to the Parks and Recreation Department from Bimbo Bakeries USA for the Senior Services Program at Magnolia Center; and WHEREAS,the foregoing donation will be received and expended from the Parks and Recreation donation account. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby accepts a $5,000 donation to the Parks and Recreation Department from Bimbo Bakeries USA for the Senior Services Program at Magnolia Center. ***** City of South San Francisco Printed on 11/14/2019Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-745 Agenda Date:11/13/2019 Version:1 Item #:2. Report regarding Resolution authorizing an application for SB2 Planning Grants (Sailesh Mehra,Planning Manager and Julie Barnard, Economic Development Coordinator) RECOMMENDATION It is recommended that City Council adopt a resolution authorizing an application for a State Bill (SB)2 Planning Grant intended for the preparation,adoption,and implementation of plans that streamline housing approvals and accelerate housing production. BACKGROUND/DISCUSSION The State of California,Department of Housing and Community Development (HCD)has issued a Notice of Funding Availability (NOFA)dated March 28,2019,for its Planning Grants Program (PGP).HCD is authorized to provide up to $123 million under the SB 2 Planning Grants Program from the Building Homes and Jobs Trust Fund for assistance to cities and counties. The purpose of the SB 2 Planning Grants is to assist Cities and Counties with: ·Accelerating housing production; ·Streamlining the approval of housing development affordable to owner and renter households at all income levels; ·Facilitating housing affordability, particularly for lower- and moderate-income households; ·Promoting development consistent with the State Planning Priorities; and ·Ensuring geographic equity in the distribution and expenditure of the funds. The amount of SB 2 Planning Grant funding awarded is based on the population of a city.As a medium sized city,the City of South San Francisco has been allocated a maximum allowance amount of $310,000.The grant is non-competitive and the City will be awarded the funding following the application.Staff will apply for all $310,000 through two programs, discussed below. Project 1: Lot Split and Accessory Dwelling Unit (ADU) Prototypes Staff is working to develop a prototype for new single-family residences that could be constructed on small lots resultant from the newly-adopted Minimum Lot Size Ordinance in the greater downtown area,as well as prototypes of Accessory Dwelling Units (ADUs)to address the housing crisis.In an effort to streamline the process and negate the fiscal impact of architectural plan preparation,the City is requesting SB 2 funding to support a Request for Proposal (RFP)process in which the outcome would provide up to three prototypes of single-story ADUs and five prototypes of small lot single-story and two-story dwellings.In developing these prototypes with an architect,the goal will to design them in a defined architectural style with abundant detailing,articulation,and using traditional materials.The design team ensures that privacy of abutting neighbors and shadows are taken into account in selecting the final prototypes. As mentioned above,the City would initially seek the assistance of an architect with expertise in the field to help in the drafting of the RFP.Upon completion of the RFP process,the City would have the architects from the winning proposals vet the designs through the Technical Advisory Group,the Design Review Board and City of South San Francisco Printed on 11/14/2019Page 1 of 3 powered by Legistar™ File #:19-745 Agenda Date:11/13/2019 Version:1 Item #:2. the winning proposals vet the designs through the Technical Advisory Group,the Design Review Board and potentially the Planning Commission.Once these plans have been finalized and approved,they would then become available as prototypes for the public to purchase.This would result in cost saving efforts to the City in the form of streamlined processes requiring less administrative resources as well as cost savings for residents who could apply the money they would have spent on curating their own prototype and instead redirect it to the cost of developing the dwelling.Further,the City could charge the applicant for the prototype.This would still be more affordable than the applicant pursuing the plans/drawings themselves and also be directed into the City’s Affordable Housing Funds. In order to ensure City residents are aware of the time and cost savings as a result of utilizing the ADU prototypes,the City would develop informational and marketing materials.The City would enlist the help of a consultant to design an ADU resources web page for the City's website and create an information tool kit that includes a cost calculator, a catalog of the prototypes, and a development checklist. Project 2: Housing Pre-Planning Environmental Site Clearance The City of South San Francisco adopted its last Housing Element in 2015.Two of the key goals of the Housing Element include: ·Promoting the provision of housing by both the private and public sectors for all income groups in the community and ·Taking necessary steps to remove government and public infrastructure constraints to housing development through administrative support,intergovernmental cooperation,public-private partnerships, and permit streamlining. To further these goals and the objectives of the Housing Element,the City plans to environmentally pre-clear several housing opportunity sites.The purpose of this work is to facilitate a more streamlined permitting process for public or private developers interested in developing housing on these sites. The work has multiple tasks,is likely to be costly,and is expected to be carried out over several years.Some of the short to medium term tasks include:identifying 10 to 15 opportunity sites,conducting capacity and circulation studies necessary for environmental review,and completing economic feasibility analyses.In the longer term,the City plans to conduct project level environmental review for these sites,either finding them consistent with the General Plan EIR,relevant Area Plan EIRs,or conducting project-level EIRs.This will allow public or private entities to purchase the sites and immediately proceed to design review and entitlements.This should reduce the entitlement timeline by six to twelve months depending on the complexity of the project. The work will complete many of the pre-planning and planning requirements for the construction of housing on several of the City’s preferred opportunity sites.It will also offer the additional incentives of alleviating some of the expenses relating to entitlements and accelerating the development schedule. FISCAL IMPACT Aside from expenditures of staff time and $3,000 spent on a consultant assisting with the application,there is little fiscal impact in applying for the grant.The City will be awarded $310,000 for projects that would otherwise have required General Fund or Housing Fund money. RELATIONSHIP TO STRATEGIC PLAN Applying for SB 2 planning grants fulfills the City’s strategic initiative of providing a full range of housing City of South San Francisco Printed on 11/14/2019Page 2 of 3 powered by Legistar™ File #:19-745 Agenda Date:11/13/2019 Version:1 Item #:2. options. CONCLUSION It is recommended that City Council adopt a resolution authorizing an application for an SB 2 planning grant intended for the preparation,adoption,and implementation of plans that streamline housing approvals and accelerate housing production. City of South San Francisco Printed on 11/14/2019Page 3 of 3 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-895 Agenda Date:11/13/2019 Version:1 Item #:2a. Resolution authorizing application for and receipt of SB 2 Planning Grants Program Funds in the amount of $310,000 from the State of California,Department of Housing and Community Development for the purposes of streamlining and accelerating affordable housing production. WHEREAS,the State of California,Department of Housing and Community Development (Department)has issued a Notice of Funding Availability (NOFA)dated March 28,2019,for its Planning Grants Program (PGP); and WHEREAS,the City Council of South San Francisco desires to submit a project application for the PGP program to accelerate the production of housing and will submit a 2019 PGP grant application as described in the Planning Grants Program NOFA and SB 2 Planning Grants Program Guidelines released by the Department for the PGP Program; and WHEREAS,the Department is authorized to provide up to $123 million under the SB 2 Planning Grants Program from the Building Homes and Jobs Trust Fund for assistance to Counties (as described in Health and Safety Code section 50470 et seq. (Chapter 364, Statutes of 2017 (SB 2) related to the PGP Program. NOW,THEREFORE,THE CITY COUNCIL OF SOUTH SAN FRANCISCO RESOLVES AS FOLLOWS: SECTION 1.The City Manager is hereby authorized and directed to apply for and submit to the Department the 2019 Planning Grants Program application released March 28, 2019 in the amount of $310,000. SECTION 2.In connection with the PGP grant,if the application is approved by the Department,the receipt of the PGP grant is hereby authorized and the City Manager is authorized to enter into,execute,and deliver a State of California Agreement (Standard Agreement)for the amount of $310,000,and any and all other documents required or deemed necessary or appropriate to evidence and secure the PGP grant,the City’s obligations related thereto, and all amendments thereto (collectively, the “PGP Grant Documents”). SECTION 3.The City of South San Francisco shall be subject to the terms and conditions as specified in the Standard Agreement,the SB 2 Planning Grants Program Guidelines,and any applicable PGP guidelines published by the Department.Funds are to be used for allowable expenditures as specifically identified in the Standard Agreement.The application in full is incorporated as part of the Standard Agreement.Any and all activities funded,information provided,and timelines represented in the application will be enforceable through the executed Standard Agreement.The City hereby agrees to use the funds for eligible uses in the manner presented in the application as approved by the Department and in accordance with the Planning Grants NOFA, the Planning Grants Program Guidelines, and 2019 Planning Grants Program Application. City of South San Francisco Printed on 11/14/2019Page 1 of 2 powered by Legistar™ File #:19-895 Agenda Date:11/13/2019 Version:1 Item #:2a. SECTION 4.The City Manager is authorized to execute the City of South San Francisco Planning Grants Program application,the PGP Grant Documents,and any amendments thereto,on behalf of the City of South San Francisco as required by the Department for receipt of the PGP Grant. ***** City of South San Francisco Printed on 11/14/2019Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-817 Agenda Date:11/13/2019 Version:1 Item #:3. Report regarding a resolution approving the final map for Bayview 22 (also known as Oakmont Meadows), authorizing the City Manager to execute the improvement agreement and stormwater treatment measures maintenance agreement,and authorizing the recordation of the final map,the improvement agreement and all related documents,and approving a credit for private off-site open space for common interest developments. (Jason Hallare, Senior Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution approving the final map for Bayview 22 (also known as Oakmont Meadows),authorize the City Manager to execute the improvement agreement and stormwater treatment measures maintenance agreement,authorizing the recordation of the final map, the improvement agreement and all related documents,and approving a credit for private off-site open space for common interest developments. BACKGROUND/DISCUSSION On March 13,2019,the City Council approved an entitlements request by Warmington Oakmont Associates, LLC (“Developer”)to construct twenty-two residential units and two private roads at the corner of Westborough Boulevard and Oakmont Drive.The project is referred to as “Bayview 22”;a location and site overview plan is shown in Attachment 1. The City of South San Francisco (“City”)is working extensively with the Developer to ensure that the Developer reaches the construction milestone as quickly as possible.The Developer has completed several building permit submittals and is anticipating approval of the building permit shortly.The approval of the final map and improvement agreement is required for the Developer to obtain the building permit and begin vertical construction. Final Map The City Engineer and the City’s technical reviewer,with concurrence of all affected City departments and divisions,have determined that the final map for Bayview 22,described in Exhibit A of the attached resolution, the on-site and off-site improvements,and all related documents and plans are in compliance with the Subdivision Map Act,the City’s Subdivision Ordinance,and all applicable tentative map conditions of approval for said development. The final map for Bayview 22 will split the existing 4.91-acre parcel into thirty-one parcels to construct twenty- two residential buildings on individual lots served by two private roads,Bantry Court and Shannon Place.All units will be served by or connected to public roads,sewers,storm drains,and other private utilities.Bantry Court is connected to Oakmont Drive.Shannon Place is connected to Shannon Park Court,which has an access easement to connect to Oakmont Drive. Pursuant to South San Francisco Municipal Code (SSFMC)Chapter 19.44.090,a subdivider is required to execute a subdivision improvement agreement for all improvements to be constructed in the subdivision.The subdivision improvement agreement has been accepted by the Developer and reviewed by the Engineering Division and City Attorney’s Office.Additionally,the Engineering Division and City Attorney’s Office haveCity of South San Francisco Printed on 11/14/2019Page 1 of 3 powered by Legistar™ File #:19-817 Agenda Date:11/13/2019 Version:1 Item #:3. Division and City Attorney’s Office.Additionally,the Engineering Division and City Attorney’s Office have reviewed the preliminary title report and the deed restrictions;both are acceptable and the final map is ready for submission to the City Council.Lastly,the Developer will provide the City with appropriate security for the faithful performance of the improvements contemplated in the improvement agreement. The improvement agreement is an agreement between the Developer and the City which requires that the Developer construct the various public improvements (“Improvements”)adjacent to the subdivision.The Improvements are described in Exhibit B of the accompanying resolution,which consists of the civil improvement plans and cost estimate related to the public improvements the Developer will perform.The Developer has placed a bond in the amount of 110% of the cost of the Improvements. The stormwater treatment measures maintenance agreement is an agreement between the Developer and the City that requires the Developer to maintain and inspect the private stormwater treatment measures on the Development and report to the Water Quality Control Plant annually.The stormwater treatment measures and maintenance is described in Exhibit C of the accompanying resolution. Credit for Private Off-Site Open Space Common interest developments,which include townhome or condominium developments such as proposed in the Oakmont Meadows project,are entitled to receive a credit for the value of private open space within the development that is usable for active recreational uses.The Bayview 22 subdivision contains less than fifty parcels,and therefore per SSFMC Section 19.24.100 (b)(5),the applicant is only subject to the payment of a fee in-lieu of a land dedication.When the open space is to be privately owned and maintained by the common interest development, the credit allowed cannot exceed 50 percent of the original in-lieu fee amount. Per SSFMC Section 19.24.090,the in-lieu fee amount is based on a formula that takes into account the type of residence,the average density of residents per unit,and the average fair market value per acre of parkland.For the Oakmont Meadows project, the in-lieu fee is calculated as follows: 22 single family units X 3.45 avg residents/unit X .003 acres/resident X $3,000,000/acre = $683,100.00 For the City Council to approve an in-lieu fee amount credit,it must make findings related to the private ownership and maintenance of the open space,that the private open space is reasonably adaptable for use for park and recreational purposes,that the facilities are consistent with the general plan open space element provisions, and that the facilities meet the facility size standards specifications. SSFMC Section 19.24.105 lists a mix of basic park elements and each element’s recommended facilities sizes to qualify for the open space credit.As an example,a family picnic area should be a minimum of 2000-3000 square feet to qualify for the open space credit.The applicant is proposing that the following private open space areas be credited: Facility Type Recommended Size Range Proposed Size ·Family Picnic Area 2,000-3,000 SF 2,260 SF ·Turf Playfield 5,000+ SF 6,490 SF ·Bocce Court n/a 2,540 SF The total size of the proposed active facilities on the Oakmont Meadows project site is 11,290 square feet,or 0.2592 acres,which is greater than the 0.2277 acres of parkland that is required to be dedicated.Per the associated Resolution,staff is of the opinion that all of the required findings can be made,and therefore the City of South San Francisco Printed on 11/14/2019Page 2 of 3 powered by Legistar™ File #:19-817 Agenda Date:11/13/2019 Version:1 Item #:3. associated Resolution,staff is of the opinion that all of the required findings can be made,and therefore the maximum credit of fifty percent of the original in-lieu fee amount can be authorized.Based on the original in- lieu fee calculation of $683,100, the reduced in-lieu fee amount would be $341,550. FISCAL IMPACT The parkland in-lieu fee dedication to the City will be reduced by the allowed fifty percent,from $683,100 to $341,550.The applicant is also subject to Park Construction fees under the Mitigation Fee Act,Ordinance 8.67, which totals $162,563.61. Total fees received would equal $504,113.61. RELATIONSHIP TO STRATEGIC PLAN Approval of this final map will promote a balanced mix of housing options in SSF Priority Area 2,Initiative 2.3. Approval of the in-lieu fee credit will allow the City to take in new fee that assist in the pursuit of financial stability to support City operations per SSF Priority Area 3, Initiative 3.1. CONCLUSION It is recommended that the City Council adopt a resolution approving the final map for Bayview 22,authorize the City Manager to execute the improvement agreement and stormwater treatment measures maintenance agreement,authorizing the recordation of the final map,the improvement agreement and all related documents, and approving a credit for private off-site open space for common interest developments. Attachment: Site Plan City of South San Francisco Printed on 11/14/2019Page 3 of 3 powered by Legistar™ >>>>>>>>>>>>>>>>>>>>>>> > > >>>>>>>>OAKMONT DRIVE T B O R O U G H B O U L E V A R D SHANNON DRIVE SHAN N O N P A R K C T.BANTRYLANEARDEELANETARALANEDRIVE ' C'DRIVE 'B''A' COU R T PARCEL E PARCEL C EVA1 2 3 4 5 6 7 8 9 11 12 13 14 18 19 20 21 22 17 16 15 10 23 24 25 26 PARCEL D CURB DESIGNATION MAPIMPROVEMENT PLANS25 JOB NUMBER SHEET NUMBER OF 2820-000 CITY OF SOUTH SAN FRANCISCOCALIFORNIAOAKMONT MEADOWSOAKMONT DRIVE30DRAWN BY:DATE:EMDPROJ. ENGR:PROJ. MGR:JJN08/16/2019BFNCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMSACRAMENTO(925) 866-0322(916) 375-1877F:\2820-000\ACAD\IP\IP25.DWG8/16/2019 11:52 AMGRAPHIC SCALE 0'60'30'15'0' LEGENDBANTRY COURTBANTR Y C O U R T SHAN N O N P L A C E SHANNON PARK CT.WE S T BO RO UG H BO U L E V A R D OAKMONT DRIVE Wood Perimeter FenceBenchExisting Wood Fenceto remainExistingWallSignageTableBBQBocce Ball CourtExistingWallFire Pit & ChairsBenchTrellisBioretentionLow Wood SplitRail FenceWood Perimeter Fence, Typ.Retain (E) TreesWhere Feasible, Typ,Retain (E) TreeWood and Wire MeshFence, this sideWood PerimeterFenceOrchard TreesWood Perimeter FenceNatural or Syntheticto be determinedLawn M:\PRODUCTION\Projects\2018\18.011\CAD\18011_01_ConceptPlanting.dwg 6/22/2018 OAKMONT MEADOWSSOUTH SAN FRANCISCO, CALIFORNIAPLANNING APPLICATIONJune 25, 201860'30'15'0'1"=30'PROJECTNORTHNBFS Project #: 18.011L-1.1RENDERED LANDSCAPE PLANSHANNON PLACEBANTRY COURTOAKMONT DRIVEWESTBOROUGHBOULEVARD City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-818 Agenda Date:11/13/2019 Version:1 Item #:3a. Resolution approving the final map for Bayview 22 (also known as Oakmont Meadows),authorizing the City Manager to execute the improvement agreement and stormwater treatment measures maintenance agreement, authorizing the recordation of the final map,the improvement agreement and all related documents,and approving a credit for private off-site open space for common interest developments. WHEREAS,On March 13,2019,the City Council approved an entitlements request by Warmington Oakmont Associates,LLC (“Developer”)to construct a project entitled “Bayview 22”,consisting of twenty-two residential units and two private roads at the corner of Westborough Boulevard and Oakmont Drive; and WHEREAS,the City Engineer and the City’s technical reviewer,with concurrence of all affected City departments and divisions,have determined that the final map for Bayview 22,described in Exhibit A,the on- site and off-site improvements,and all related documents and plans are in compliance with the Subdivision Map Act,the City’s Subdivision Ordinance,and all applicable tentative map conditions of approval for said development; and WHEREAS,the final map for Bayview 22 will split the existing 4.91 acre parcel into thirty-one (31)parcels to construct 22 residential buildings on individual lots served by 2 private roads,Bantry Court and Shannon Place. All units will be served by or connected to public roads,sewers,storm drains,and other private utilities.Bantry Court is connected to Oakmont Drive.Shannon Place is connected to Shannon Park Court,which has an access easement to connect to Oakmont Drive; and WHEREAS,pursuant to South San Francisco Municipal Code Chapter 19.44.090,a subdivider is required to execute a subdivision improvement agreement for all improvements to be constructed in the subdivision; and WHEREAS,the improvement agreement is an agreement between Warmington Oakmont Associates,LLC (“Developer”)and the City,described in Exhibit B which requires the Developer to construct the various public improvements (“Improvements”)adjacent to the subdivision consisting of the civil,landscape,and joint trench improvement plans and cost estimate related to the public improvements; and WHEREAS, the Developer has placed a bond in the amount of 110% of the cost of the Improvements; and WHEREAS,the stormwater treatment measures maintenance agreement is an agreement between the Developer and the City,described in Exhibit C,that requires the Developer to maintain and inspect the private stormwater treatment measures on the Development and report to the Water Quality Control Plant annually; and WHEREAS,the aforementioned improvement agreement and stormwater treatment measures maintenance agreement were reviewed by the Engineering Division and the City Attorney’s office; and City of South San Francisco Printed on 11/14/2019Page 1 of 3 powered by Legistar™ File #:19-818 Agenda Date:11/13/2019 Version:1 Item #:3a. WHEREAS,pursuant to South San Francisco Municipal Code Chapter 19.24.105,the Developer is entitled to receive a credit,not to exceed fifty percent,against the amount of fees imposed for parkland dedication,if the City Council finds that it is in the public interest to do so and that specific standards are met; and NOW,THEREFORE,BE IT RESOLVED that based on the entirety of the record before it,which includes without limitation,the California Subdivision Map Act,Government Code §§66410,et seq.,and Title 19 of the South San Francisco Municipal Code;the Final Map prepared by CBG Civil Engineers,dated September 2019; all reports,minutes,and public testimony submitted as part of the City Council’s duly noticed public hearing on November 13,2019;and any other evidence (within the meaning of Public Resources Code §21080(e)and §21082.2), the City Council of the City of South San Francisco hereby finds as follows: SECTION 1.FINDINGS A. General Findings 1.The foregoing recitals are true and correct and made a part of this Resolution. 2.The Exhibits attached to this Resolution,including the Final Map (Exhibit A),the Improvement Agreement (Exhibit B),and the Stormwater Agreement (Exhibit C)are each incorporated by reference and made a part of this Resolution, as if set forth fully herein. 3.The documents and other materials constituting the record for these proceedings are located at the Engineering Division for the City of South San Francisco,315 Maple Avenue,South San Francisco,CA 94080, and in the custody of Principal Engineer, Matt Ruble. B.Credit for Private Off-Site Open Space 1.The areas included in the computation of private open space do not include any yards,court areas, setbacks and other open areas required to be maintained by the zoning and building ordinances and regulations. 2.That the private ownership and maintenance of the open space is adequately provided for by recorded written agreement,conveyance,or restrictions,because the recorded Declaration of Covenants, Conditions and Restrictions of Oakmont Meadows includes use restrictions and maintenance obligations for the common use open space areas within the subdivision. 3.That the use of the private open space is restricted for park and recreational purposes by recorded covenant,which runs with the land in favor of the future owners of the property and which cannot be defeated or eliminated without the consent of the city or its successor,because the private open space is identified as Parcel E -Open Space Common Area on the Bayview 22 Final Map,and this designation cannot be altered without the consent of the city. 4.That the proposed private open space is reasonably adaptable for use for park and recreational purposes, taking into consideration such factors as size,shape,topography,geology,access,and location,because the proposed private open space facilities include a range of basic park elements that meet the cities suggest size recommendations and are readily accessible by the site residents. City of South San Francisco Printed on 11/14/2019Page 2 of 3 powered by Legistar™ File #:19-818 Agenda Date:11/13/2019 Version:1 Item #:3a. 5.That facilities proposed for the open space are consistent with the provisions of the open space element of the general plan by developing additional parkland to meet the standards of required park acreage for new residents and by providing in-lieu fees,which are preferred to dedication in order to give the City flexibility to purchase available parkland elsewhere in the City. 6.That the open space for which credit is given provides a mix of the local park basic elements listed in SSFMC Section 19.24.105(a)(6),or a combination of such and other recreational improvements that will meet the specific recreation/park needs of the future residents of the area,because the Oakmont Meadows project will provide approximately 1.79 acres of common open space,including 0.26 acres of active park elements such as a family picnic area,bocce court and turf playfield,which meet the recommended facility size standards. SECTION 2.DETERMINATION NOW,THEREFORE,BE IT FURTHER RESOLVED that the City Council hereby approves the improvement agreement and authorizes the City Manager to execute the improvement agreement, on behalf of the City; and BE IT FURTHER RESOLVED,the City Council hereby approves the stormwater treatment measures maintenance agreement and authorizes the City Manager to execute the stormwater treatment measures maintenance agreement, on behalf of the City; and BE IT FURTHER RESOLVED,subject to execution of the improvement agreement and the stormwater treatment measures maintenance agreement, the City Council approves the final map for Bayview 22; and BE IT FURTHER RESOLVED,the City Council authorizes recordation of the final map for Bayview 22,the aforementioned agreements as applicable, and all related documents; and BE IT FURTHER RESOLVED,that the City Manager is authorized to take any other action consistent with the intent of this Resolution, subject to approval as to form by the City Attorney; and BE IT FURTHER RESOLVED that the City Council approves the credit for private off-site open space for common interest developments. Exhibits: 1.Exhibit A - Final Map 2.Exhibit B - Improvement Agreement 3.Exhibit C - Stormwater Agreement ***** City of South San Francisco Printed on 11/14/2019Page 3 of 3 powered by Legistar™ OWNER'S STATEMENT 1 COUNTY RECORDER'S STATEMENT 2820-000 SHEET OF 8 BAYVIEW 22 CONSISTING OF 8 SHEETS BEING A SUBDIVISION PARCEL 1 OF PARCEL MAP 98-054 WESTBOROUGH UNIT NO. 5, FILED IN BOOK 73 OF PARCEL MAPS, AT PAGE 21, SAN MATEO COUNTY RECORDS. SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SEPTEMBER 2019 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 VICINITY MAP N SITE BENEFICIARY'S STATEMENT OWNER'S ACKNOWLEDGMENT BENEFICIARY'S ACKNOWLEDGMENT 2 SOILS REPORT SURVEYOR'S STATEMENT CITY ENGINEER'S STATEMENT CITY CLERK'S STATEMENT TECHNICAL REVIEWER'S STATEMENT 2820-000 SHEET OF 8 BAYVIEW 22 CONSISTING OF 8 SHEETS BEING A SUBDIVISION PARCEL 1 OF PARCEL MAP 98-054 WESTBOROUGH UNIT NO. 5, FILED IN BOOK 73 OF PARCEL MAPS, AT PAGE 21, SAN MATEO COUNTY RECORDS. SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SEPTEMBER 2019 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 STATEMENT OF MAP INTENT PARCEL 1 PARCEL MAP 98-054 73 PM 21 (4.91 AC ±) OAKMONT DRIVEBANTRYLANEARDEELANE TARALANESHANNON DRIVEWE S T B OR O U G H B O U L E V A R D SHANNON PARK COURT BELFAST COURT SHANNON PARK COU R T 32820-000 SHEET OF 8 BAYVIEW 22 SCALE: 1" = CONSISTING OF 8 SHEETS BEING A SUBDIVISION PARCEL 1 OF PARCEL MAP 98-054 WESTBOROUGH UNIT NO. 5, FILED IN BOOK 73 OF PARCEL MAPS, AT PAGE 21, SAN MATEO COUNTY RECORDS. SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SEPTEMBER 2019 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 REFERENCES: BASIS OF BEARINGS: LEGEND GRAPHIC SCALE 240'0'120'60'30'60'0' 60' NOTES:DETAIL A DETAIL B BOUNDARY SHEET PARCEL E PARCEL D PARCEL C OAKMONT DRIVE SHANNON PARK COURT SHAN N O N P A R K C T.BANTRYLANEARDEELANETARALANEPARCE L A 8 10 9 5 7 6 4 3 2 1 1213 11 14 22 PARCE L B 7 8 8 6 5 8 BELFAST COURT SHANN O N P L A C E PARCEL F PARCEL G PARCEL H PARCEL JBANTRY COURT18 19 20 21 17 16 15 WE S T B O R O U G H B O U L E V A R D 2820-000 SHEET OF 8 BASIS OF BEARINGS: LEGEND BAYVIEW 22 SCALE: 1" = CONSISTING OF 8 SHEETS BEING A SUBDIVISION PARCEL 1 OF PARCEL MAP 98-054 WESTBOROUGH UNIT NO. 5, FILED IN BOOK 73 OF PARCEL MAPS, AT PAGE 21, SAN MATEO COUNTY RECORDS. SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SEPTEMBER 2019 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 REFERENCES: GRAPHIC SCALE 240'0'120'60'30'60'0' 4 60' 8 8 7 6 5 4 PARCEL A PARCEL E PARCEL D BEL F A S T C O U R T SHA N N O N P A R K COU R T SHANNON PA R K C O U R TSEE SHEET 63 2 1 SEE SHEET 8 SEE SHEET 8 SHANNON PLACE 5 GRAPHIC SCALE 80'0'40'20'10'20'0' BAYVIEW 22 SCALE: 1" = CONSISTING OF 8 SHEETS BEING A SUBDIVISION PARCEL 1 OF PARCEL MAP 98-054 WESTBOROUGH UNIT NO. 5, FILED IN BOOK 73 OF PARCEL MAPS, AT PAGE 21, SAN MATEO COUNTY RECORDS. SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SEPTEMBER 2019 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 2820-000 SHEET OF 8 20' BASIS OF BEARINGS: LEGEND REFERENCES: NOTES: 10 9 PARCEL C PARCEL A PARCEL E PARCEL D SEE SHEET 5WE S TBOROUGH BOU L EVARD SEE SHEET 8 SEE SHEET 8 SEE SHEET 8 1213 1114 SHANNON PLACE 6 GRAPHIC SCALE 80'0'40'20'10'20'0' BAYVIEW 22 SCALE: 1" = CONSISTING OF 8 SHEETS BEING A SUBDIVISION PARCEL 1 OF PARCEL MAP 98-054 WESTBOROUGH UNIT NO. 5, FILED IN BOOK 73 OF PARCEL MAPS, AT PAGE 21, SAN MATEO COUNTY RECORDS. SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SEPTEMBER 2019 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 2820-000 SHEET OF 8 20' BASIS OF BEARINGS: LEGEND REFERENCES: NOTES: 21 20 19 18 16 22 OAKMONT DRIVE BANTRYLANESEE SHEET 8 SEE SHEET 8 PARCEL C PARCEL E 17 15 PARCEL B BANTRY COURTPARCEL JPARCEL HPARCEL GPARCEL FWESTBOROUGH BOULEVARD15 16 17 PARCEL B7 20' GRAPHIC SCALE 80'0'40'20'10'20'0' BAYVIEW 22 SCALE: 1" = CONSISTING OF 8 SHEETS BEING A SUBDIVISION PARCEL 1 OF PARCEL MAP 98-054 WESTBOROUGH UNIT NO. 5, FILED IN BOOK 73 OF PARCEL MAPS, AT PAGE 21, SAN MATEO COUNTY RECORDS. SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SEPTEMBER 2019 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 BASIS OF BEARINGS: LEGEND REFERENCES: 2820-000 SHEET OF 8 NOTES: DETAIL BDETAIL A PARCEL D PARCEL E PARCEL C SEE SHEET 6 SEE SHEET 5 SEE SHEET 7 WES TBOROUGH B O U L E V A R D SHANNON PA R K COURT 8 GRAPHIC SCALE 160'0'80'40'20'40'0' BAYVIEW 22 SCALE: 1" = CONSISTING OF 8 SHEETS BEING A SUBDIVISION PARCEL 1 OF PARCEL MAP 98-054 WESTBOROUGH UNIT NO. 5, FILED IN BOOK 73 OF PARCEL MAPS, AT PAGE 21, SAN MATEO COUNTY RECORDS. SOUTH SAN FRANCISCO, COUNTY OF SAN MATEO, STATE OF CALIFORNIA SEPTEMBER 2019 CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 2820-000 SHEET OF 8 40' BASIS OF BEARINGS: LEGEND REFERENCES: NOTES: -1 - RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of South San Francisco 400 Grand Avenue South San Francisco, California 94080 Attention: City Clerk This Space For Recorder’s Use Only SUBDIVISION IMPROVEMENT AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND WARMINGTON OAKMONT ASSOCIATES, LLC IN CONNECTION WITH FINAL MAP of BAYVIEW 22 This SUBDIVISION IMPROVEMENT AGREEMENT (“Agreement”) is entered into as of this ______ day of ______________, 2019 (“Effective Date”), by and between WARMINGTON OAKMONT ASSOCIATES, LLC, a California limited liability company ("Developer"), and CITY OF SOUTH SAN FRANCISCO, a municipal corporation (“City”), with reference to the facts set forth in the Recitals below. RECITALS WHEREAS, Developer is the owner of certain real property in the City of South San Francisco, County of San Mateo, State of California, as more particularly described in Exhibit A attached hereto (“Property”); and WHEREAS, Developer is required and proposes to construct various improvements in and adjacent to the Property. The improvements are described generally in the approved civil improvement plan set, attached here to as Exhibit B (collectively, the “Improvements”). The Improvements are required by the South San Francisco Municipal Code and the vesting tentative parcel map approved by the City; and WHEREAS, Developer has presented to the City a parcel map for approval, hereinafter designated “map”, entitled Final Map of BAYVIEW 22, APN 091-151-040-2 and which map dedicates to public use, easements for Public Utilities across those areas designated on the map as “PUE”; and WHEREAS, Developer has requested approval of the map prior to the construction and completion of various improvements and utility connections, which are appurtenant to the Property designated in the map, all in accordance with, and as required by, the plans and specifications for all or any of the improvements in, appurtenant to, or outside the limits of the Property; and WHEREAS, the City Council of the City of South San Francisco on _________, 2019, adopted Resolution No. ___________ approving the map and ________________________, on the condition that Developer first enter into and execute this Agreement with City and meet the requirements of the Resolution; and -2 - WHEREAS, the City wishes to ensure that the Improvements will be completed in a good workmanlike manner and in accordance with the conditions of approval and applicable law. WHEREAS, this Agreement is executed pursuant to the provisions of the Subdivision Map Act of the State of California and Title 19 of the South San Francisco Municipal Code; and NOW, THEREFORE, for and in consideration of the approval of the maps and of the acceptance of the dedications and easements for street and highway purposes and public facility and utility easements therein offered, excepting those dedicated to other agencies, and in order to ensure satisfactory performance by Developer and Developer’s obligations under the Subdivision Map Act and Title 19 of the Municipal Code the parties agree as follows: AGREEMENT 1. Performance of Work. Developer shall, at its sole cost and expense, furnish or cause to be furnished, all labor supplies, equipment and materials, and do or cause to be done, in a good and workmanlike manner all of the Improvements as shown on the approved improvement plans for the Property, and attached hereto as Exhibit B. The cost of such improvements and required items of work is estimated to be ONE HUNDRED FIFTY EIGHT THOUSAND ($158,000.00). Developer shall also do all the work and shall, at its sole cost and expense, furnish all materials necessary in the opinion of the City Engineer to complete the Improvements in accordance with the plans and specifications. All of the work is to be done at the places, and with the necessary materials, in the manner and at the grades shown on the plans and specifications to be approved by the City Engineer. All work shall be done to the satisfaction of the City Engineer. 2. Time for Commencement and Performance. City hereby fixes the time for the commencement of the work to be done on or before September 1, 2020, and for its completion to be within 36-months thereafter commencement. At least fifteen (15) calendar days prior to the commencement of work hereunder, Developer shall notify the City Engineer in writing of the date fixed for commencement thereof, so that the City Engineer shall be able to provide inspection services. 3. Injury to Public Improvements, Public Property or Public Utilities Facilities. Developer shall replace or repair, or have replaced or repaired, all public improvements, public utility facilities, and surveying or subdivision monuments which are destroyed or damaged in the performance of any work under this Agreement. Developer shall bear the entire cost of replacement or repairs of any and all public or private utility property damaged or destroyed in the performance of any work done under this Agreement. Any repair or replacement shall be to the satisfaction of the City. 4. Time of Essence - Extension. Time is of the essence in this Agreement, and the dates for commencement and completion of the Inprovements herein may not be extended except as provided in this paragaraph. In the event good cause is shown, the City Engineer may extend the time for completion of the Improvements hereunder. Requests for extension of Dates shall be in writing and delivered to City in the manner hereinafter specified for service of notices. Any -3 - such extension may be granted without notice to Developer’s sureties, and extensions so granted without notice to the Developer’s sureties shall not relieve the sureties’ liability on the bonds to secure the faithful performance of this Agreement and to assure payment of all persons performing labor and materials in connection with this Agreement. The City Engineer shall be the sole and final judge as to whether or not good cause has been shown to entitle Developer to an extension. In granting any extension of the dates set forth under this Agreement for commencement and completion of the Improvements, City may require a new or amended improvement security in amounts to reflect increases in the costs of constructing the Improvements, and/or impose other conditions to protect City’s interests and ensure the timely completion of the Improvements. 5. Repairs and Replacements. Developer shall replace or have replaced, or repair or have repaired, all pipes and monuments which are destroyed or damaged by reason of improvements constructed hereunder, and Developer shall replace or have replaced, repair or have repaired, or pay to the owner the entire cost of replacement or repairs, of any and all property damaged or destroyed by reason of any work done hereunder, whether such property be owned by the United States or any agency thereof, by the State of California, or any agency or political subdivision thereof, or by any combination of such owners. Any such repair or replacement shall be to the satisfaction, and subject to the approval of, the City Engineer or the corporation, person or agency. 6. Utility Deposits - Statement.Developer shall file with the City Clerk, on or before December 31, 2019, a written statement signed by Developer and each public utility corporation involved, to the effect that Developer has made all deposits legally required by such public utility corporation for the connection of any and all public utilities to be supplied by such public utility corporation within the Property. 7. Permits, Compliance with Laws. Developer shall comply with all generally applicable laws and regulations in the performance of this Agreement and constructing the improvements herein and shall, at Developer’s sole cost and expense, obtain all necessary permits and licenses for the construction of improvements, give all necessary notices and pay all fees and taxes required by law. 8. Superintendence by Developer. Developer shall personally supervise the work on the improvements, or have a construction contractor, competent foreman or superintendent on the work site at all times during construction, with authority to act for Developer. 9. Inspection by City. Developer shall at all times maintain proper facilities, and shall provide safe access, for inspection by City, to all parts of the work and to the shops wherein the work is in preparation. 10. Contract Security. (a) Concurrently with the execution hereof, Developer shall furnish: (1) a surety bond in an amount equal to at least one hundred percent (100%) of the estimated cost of the construction and completion of the works and improvements described in Exhibit B, as security for the faithful performance of this Agreement; and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the estimated cost of the construction and completion of the work and improvements described in Exhibit B as security for the payment of all persons performing labor -4 - and providing materials in connection with this Agreement. The City Engineer shall have the authority, but not the obligation, to release a portion or portions of the security provided for hereunder as the Improvements or portions thereof are completed and approved by the City. Developer shall require all subcontractors to file a labor and materials corporate surety bond as security for payment of all persons furnishing labor and materials in connection with this Agreement. (b) The Developer may fulfill the requirements of subsection (a) of this section by providing a Standby Irrevocable Letter of Credit in favor of the City and in a form approved by the City Attorney. (c) Developer may also file a cash deposit with the City. 11. Indemnification and Hold Harmless Agreement. (a) Developer shall hold harmless, indemnify and, at the City’s request, defend City (with Counsel selected by City), its officers, employees, agents, boards and commissions, whether elected or appointed, from and against all claims, demands, actions, causes of action, losses, damages, liabilities, costs and expenses, including but not limited to reasonable attorney’s fees or obligations, for or in connection with personal injury (including, but not limited to, death) or damage to property (both real and personal) to the extent arising out of or is in any way connected with the negligent act, error or omission of Developer, its agents, contractors, subcontractors, or employees in connection with the performance of this Agreement. (b) In order to make certain that Developer has adequate resources to fully carry out its responsibilities pursuant to subparagraph (a) above, Developer shall file with the City proof that Developer’s professional consultants (including any soils engineer or civil engineer) employed by Developer in connection with the work described herein, maintain professional liability (e.g. errors and omissions) insurance during the life of this Agreement. If the work is accomplished by contractors or subcontractors, Developer shall assure that the contractors and/or subcontractors carry general liability insurance. The insurance shall be in an amount of not less than One Million Dollars ($1,000,000), shall contain a provision that such insurance shall not be reduced or canceled except upon thirty (30) days written notice to City and shall be subject to the approval of the City Attorney as to form, amount and carrier, as such approval not to be unreasonably withheld. (c) The foregoing hold harmless statement of Developer shall apply to all damages and claims for damages of every kind suffered or alleged to have been suffered by reason of the construction operations undertaken pursuant to this Agreement, regardless of whether or not City has approved the plans or specifications for the improvements, and regardless of whether or not such insurance policies have been determined to be applicable to any such damages or claims for damages. 12. Environmental Warranty. Prior to City’s acceptance of dedications or improvements, Developer shall certify and warrant that: (a) The development and Developer are not in violation of any environmental law, and neither are subject to any existing, pending, or threatened investigation by any federal, state or local governmental authority under or in connection with any environmental law; -5 - (b) Developer nor any third party, will not use, generate, manufacture, produce, or release, on, or under the Property, any hazardous substance, except in compliance with all applicable environmental laws; and (c) Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, hazardous substance(s) on the Property or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the Property. 13. Developer’s Insurance. Developer shall not commence work under this Agreement until Developer has obtained all insurance required under this paragraph, and such insurance has been approved by the City Attorney as to form, amount and carrier, nor shall Developer allow any contractor or subcontractor to commence work until all similar insurance required of the contractor or subcontractor has been so obtained and approved, as such approval not to be unreasonably withheld. All requirements shall appear either in the body of the insurance policy or in endorsements and shall specifically bind the insurance carrier. Developer shall take out and maintain during the life of this Agreement the following policies of insurance: (a) Worker’s Compensation and Employers’ Liability Insurance in the statutory coverage. In signing this Agreement, Developer makes the following certification: “I am aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for Worker’s Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement.” (b) Commercial General Liability Insurance: In an amount not less than ONE MILLION DOLLARS ($1,000,000) for injuries including, but not limited to, death to any one person and subject to the same limit for each person; in an amount not less than TWO MILLION DOLLARS ($2,000,000) combined single limit per occurrence for bodily injury, personal injury and property damage. (c) Automobile Liability (Code 1) Insurance: In an amount not less than ONE MILLION DOLLARS ($1,000,000) combined single limit per accident for bodily injury and property damage. (d) Contractual Liability Insurance: Developer shall take out and maintain during the life of this Agreement an insurance policy in the amount of at least TWO MILLION DOLLARS ($2,000,000), insuring Developer against damages sustained as a result of any action or actions at law or in equity, any claims or demands brought as a result of any breach or alleged breach of any contract, or provisions thereof, and/or as a result of any contractual liability, or alleged contractual liability arising out of any contract entered into by Developer and/or any of its agents or employees in order to perform the work defined herein. -6 - (e) It is agreed that the insurance required by Subsection (b)shall be in an aggregate amount of not less than Two Million Dollars ($2,000,000) and shall be extended to include as additional insureds the City of South San Francisco, its elective and appointive boards, officers, agents, employees and volunteers, with respect to operations performed by the Developer as described herein. Evidence of the insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval by the City Attorney as to form, amount and carrier, as such approval not to be unreasonably withheld. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or canceled except upon thirty (30) days written notice to City. In addition, the following endorsement shall be made on the policy of insurance: “Notwithstanding any other provisions in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or reinsurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted.” 14. Evidence of Insurance. Developer shall furnish City concurrently with the execution hereof, satisfactory evidence of the insurance required and evidence that each carrier is required to give City at least thirty (30) days prior notice of the cancellation or reduction in coverage of any policy during the effective period of this Agreement. 15. Title to Improvements. Title to, and ownership of, all improvements constructed hereunder by Developer shall vest absolutely in City, or to such other public agencies, persons, partnerships, associations or corporations to which dedications of easements were made or reserved upon the completion and acceptance of such improvements by City or the agency, person, partnership, association or corporation. 16. Repair or Reconstruction of Defective Work. If, within a period of one (1) year after final acceptance of the work performed under this Agreement, the improvements installed or constructed, or caused to be installed or constructed by Developer, or any of the work done under this Agreement, fails to fulfill any of the requirements of this Agreement or the specifications referred to herein, or proves to be defective or become damaged because of differential settlement, action of the elements, or ordinary usage, except for catastrophic events, Developer shall without delay and without any cost to City repair or replace or reconstruct any defective or otherwise unsatisfactory part or parts of the work or structure. Should Developer fail to act promptly or in accordance with this requirement, or should the exigencies of the case require repairs or replacements to be made before Developer can be notified, City may, at its option, make the necessary repairs or replacements or perform the necessary work, and Developer shall pay to City the actual cost of such repair plus fifteen (15%) percent. Developer shall at the time of acceptance of the improvements by City or other public agency, provide the City with a corporate surety bond in the principal sum of One Hundred and Fifty One Thousand Dollars ($151,000.00) to secure the undertaking and obligations set forth in this provision. -1 - 17. Trenching and Backfilling. Developer shall require that all trenching and backfilling within and outside the property lines for utility lines, including sanitary, storm, water and any other purposes, shall be done under the inspection of a soils engineer who shall test the trenching and backfilling with a sufficient number of soil tests to secure the proper compaction. If required as a condition to any permit issued by City, Developer shall further require that a certificate be filed with the City stating that said trenching and backfilling has been performed in accordance with the soils engineer’s recommendations. 18. Developer not Agent of City. Neither Developer nor any of Developer’s agents or contractors shall be considered agents of City in connection with the performance of Developer’s obligations under this Agreement. 19. Cost of Engineering and Inspection. Developer shall pay City the actual cost to City for all inspections and other services furnished by City in connection with the construction of the above-required improvements, plus twenty-two percent thereof for administrative overhead. City shall furnish periodic statements of all charges for services performed by City, and Developer shall complete payment of such charges within ten (10) days after receipt thereof. 20. Notice of Breach and Default. If Developer refuses or fails to obtain prosecution of the work, or any severable part thereof, with such diligence as will insure its completion within the time specified, or any extensions thereof, or fails to obtain completion of the work within such time, or if the Developer should be adjudged as bankrupt, or if Developer should make a general assignment for the benefit of Developer’s creditors, or if a receiver should be appointed in the event of Developer’s insolvency, or if Developer or any of Developer’s contractors, subcontractors, agents or employees should violate any of the provisions of the Agreement, the City Engineer or City Manager may serve written notice upon Developer and Developer’s sureties of breach of this Agreement, or of any portion thereof, and default of Developer, and Developer shall have thirty (30) days thereafter to cure or substantially commence such cure. 21. Breach of Agreement; Performance by Sureties or City. In the event of such notice which is not cured by Developer, Developer’s sureties shall have the duty to take over the work and complete the work and the improvement herein specified; provided, however, that if the sureties, within five (5) days after being served notice of such breach, do not give City written notice of their intention to take over the performance of the Agreement, and do not commence performance thereof within five (5) days after notice to the City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method City may deem advisable, for the account and at the expense of Developer, and Developer’s sureties shall be liable to City for any excess cost or damages occasioned by City; and, in such event, City, without liability for so doing, may take possession of, and use in completing the work, such materials, appliances, plant and other property belonging to Developer as may be on site of the work and necessary therefor. 22. Erosion Control. If applicable, Developer shall furnish landscape plans and -2 - adequately provide for erosion control. Landscaping and irrigation improvements shall be installed to the satisfaction of the City’s Landscape Architect. 23. Trenching and Backfilling. Developer shall require that all trenching and backfilling within and outside the property lines for utility lines, including sanitary, storm, water and any other purposes, shall be done under the inspection of a soils engineer who shall test the trenching and backfilling with a sufficient number of soil tests to secure the proper compaction. Developer shall further require that a certificate be filed with the City stating that said trenching and backfilling has been performed in accordance with the soils engineer’s recommendations. 24. Water Lines. Developer shall dedicate to the California Water Service (CWS) the easements required for the water lines, facilities and appurtenant works, unless the lines, facilities and appurtenant works are to be installed within existing easements or the Public Utility Easements on the Parcel Map. Developer shall construct and install, at its sole cost and expense, the improvements in the easements as set forth on the approved improvement plans, subject to the approval of the CWS. 25. Notices. All notices herein required shall be in writing, and delivered in person or sent by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: Attn: Engineering City of South San Francisco 315 Maple Avenue South San Francisco, CA 94080 Notices required to be given to Developer shall be addressed as follows: Warmington Oakmont Associates, LLC 3090 Pullman Street Costa Mesa CA, 92626 Attn: Joel Kew Copy to: Warmington Residential California, Inc. 2400 Camino Ramon, Suite 234 San Ramon CA, 94583 Attn: David Agee Notices required to be given to sureties of Developer shall be addressed as follows: -3 - Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 26. As-Built Drawings. Developer shall furnish City reproducible plastic film as-built drawings of the public improvements of a quality acceptable to the City Engineer together with a certification by Developer’s engineer that the improvements have been constructed in accordance with the approved plans and specifications. Developer shall furnish City with the as-built drawings concurrently with Developer’s request for acceptance of the improvements by the City. 27. Parties Obligated. Developer agrees that this Agreement shall bind Developer and Developer’s successors in interest, heirs and assigns. 28. Attorneys’ Fees. If a party to this Agreement brings any action, including 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. 29. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without reference to principles of conflicts of law. All actions, proceedings, lawsuits, claims and disputes shall be venued in the County of San Mateo, State of California. 30. 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. 31. Release. After acceptance of the Improvements and completion of the one (1) year maintenance period in Section 16, the City shall within 60 days thereafter record a release of this Agreement in the Official Records of San Mateo County. [signatures on the following page] -4 - IN WITNESS WHEREOF, the parties have caused this Agreement to be executed. CITY OF SOUTH SAN FRANCISCO, a municipal corporation By: Charles Michael Futrell City Manager ATTEST: APPROVED AS TO FORM: City Clerk City Attorney WARMINGTON OAKMONT ASSOCIATES, LLC, a California limited liability company BY: WRG BUILDER V, L.P., a California limited partnership, its Manager BY: WARMINGTON RESIDENTIAL CALIFORNIA, INC., a California corporation, its general partner BY: _____________________________ Its: ______________________________ EXHIBITS: Exhibit A – Legal Description Exhibit B – Public Improvement Plans EXHIBIT “A” Legal Description of Property Real property in the City of South San Francisco, County of San Mateo, State of California, described as follows: LEGAL DESCRIPTION Real property in the City of South San Francisco , County of San Mateo, State of California, described as follows: PARCEL I: PARCEL 1, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "PARCEL MAP 98-054", FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA ON OCTOBER 19, 2000 IN BOOK 73 OF PARCEL MAPS AT PAGES 21 AND 22. PARCEL II: A NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS OVER AND ACROSS THAT CERTAIN PORTION OF PARCEL 2, AS SHOWN ON THAT CERTAIN MAP ENTITLED, "PARCEL MAP 98-054" FILED IN THE OFFICE OF THE RECORDER OF THE COUNTY OF SAN MATEO, STATE OF CALIFORNIA IN BOOK 73 OF PARCEL MAPS AT PAGES 21 AND 22 AND DEPICTED THEREON AS "NON-EXCLUSIVE EASEMENT FOR PEDESTRIAN AND VEHICULAR ACCESS FOR THE BENEFIT OF PARCEL 1". APN: 091-151-040-2 and JPN: 091-15-151-03.01A EXHIBIT “B” Public Improvement Plans [SEE ATTACHED] 3393918.1 CITY OF SOUTH SAN FRANCISCO SAN MATEO COUNTY CALIFORNIAIMPROVEMENT PLANS OAKMONT MEADOWS TITLE, GENERAL NOTES, SHEET INDEX & VICINITY MAPIMPROVEMENT PLANS1 JOB NUMBER SHEET NUMBER OF 2820-000 CITY OF SOUTH SAN FRANCISCOCALIFORNIAOAKMONT MEADOWSOAKMONT DRIVE30DRAWN BY:DATE:EMDPROJ. ENGR:PROJ. MGR:JJN09/25/2019BFNCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMSACRAMENTO(925) 866-0322(916) 375-1877F:\2820-000\ACAD\IP\IP01.DWG9/25/2019 9:19 AMGENERAL NOTES: ENGINEER'S GENERAL NOTES: CITY CONSTRUCTION & OPERATION NOTES: VICINITY MAP N SITE GEOTECHNICAL ENGINEER CITY OF SOUTH SAN FRANCISCO PUBLIC WORKS CITY OF SOUTH SAN FRANCISCO FIRE PREVENTION LANDSCAPE SHEET NO.SHEET TITLE JOINT TRENCH SHEET NO.SHEET TITLE CIVIL SHEET NO.SHEET TITLE SHEET INDEX REVIEWED FOR COMPLIANCE WITH WESTBOROUGHWATER DISTRICT REQUIREMENTS CONSTRUCTION ACCESS NOTE: HAUL ROUTE: DEFERRED ITEMS: 9-27-2019 ENGINEERING DIVISON APPROVED FOR CONSTRUCTION PLAN CHECK APPROVAL DOES NOT RELEASE PERMITTEE FROM RESPONSIBILITY TO CONSTRUCT ACCORDING TO BUILDING & CITY CODES AND STANDARDS. By: ____________________________ Date: ____________ 10/08/2019 PERMIT: E19-0855 ROW IMPROVEMENTS ONLY >>>>>>>>> >>>>>>V>>> > >>>>>>OAKMONT DRIVE WE S T B O R O U G H B O U L E V A R D SHANNON DRIVE SHAN N O N P A R K C T.BANTRY LANEARDEE LANETARA LANEDRIVE ' C'DRIVE 'B''A' COU R T PARCEL E PARCEL C PARCE L APARCEL BEVA1 2 3 4 5 6 7 8 9 11 12 13 14 18 19 20 21 22 17 16 15 10 D D E E FFC C A A 15 16 17 18 19 PARCEL D B B LEGEND, ABBREVIAITON & INDEX MAPIMPROVEMENT PLANS3 JOB NUMBER SHEET NUMBER OF 2820-000 CITY OF SOUTH SAN FRANCISCOCALIFORNIAOAKMONT MEADOWSOAKMONT DRIVE30DRAWN BY:DATE:EMDPROJ. ENGR:PROJ. MGR:JJN09/25/2019BFNCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMSACRAMENTO(925) 866-0322(916) 375-1877F:\2820-000\ACAD\IP\IP03.DWG10/8/2019 1:12 PMABBREVIATIONS LEGEND EXISTING PROPOSED 13 21 /////////////// EXISTING PROPOSED FOR STREET SECTION DETAILS SEE SHEET 9 GRAPHIC SCALE 0'80'40'20'0' ENGINEERING DIVISON APPROVED FOR CONSTRUCTION PLAN CHECK APPROVAL DOES NOT RELEASE PERMITTEE FROM RESPONSIBILITY TO CONSTRUCT ACCORDING TO BUILDING & CITY CODES AND STANDARDS. By: ____________________________ Date: ____________ 10/08/2019 PERMIT: E19-0855 ROW IMPROVEMENTS ONLY >>>>>>>>>>>>>>>>>>>>>>> > > >>>>>>>>OAKMONT DRIVE WE S T B O R O U G H BO U L E V A R D SHANNON DRIVE SHAN N O N P A R K C T.BANTRYLANEARDEELANETARALANE10 23 23 DRIVE ' C'DRIVE 'B''A' COU R T PARCEL E PARCEL C PARCE L APARCEL BEVAPARCEL D B A 1 2 3 4 5 6 7 8 9 11 12 13 14 18 20 21 22 17 16 15 10 19 SECTION B SECTION A FINE GRADING INDEX MAPIMPROVEMENT PLANS4 JOB NUMBER SHEET NUMBER OF 2820-000 CITY OF SOUTH SAN FRANCISCOCALIFORNIAOAKMONT MEADOWSOAKMONT DRIVE30DRAWN BY:DATE:EMDPROJ. ENGR:PROJ. MGR:JJN09/25/2019BFNCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMSACRAMENTO(925) 866-0322(916) 375-1877F:\2820-000\ACAD\IP\IP04.DWG10/8/2019 1:23 PMGRAPHIC SCALE 0'60'30'15'0' LEGEND 23 CITY OF SOUTH SAN FRANCISCO SIDEWALK GENERAL NOTES: CURB RAMP 2CURB RAMP 1 TYPICAL TRUNCATED DOME DETAIL PER CBC 11B-705.1.1 (2016 CBC) ¾” “” ENGINEERING DIVISON APPROVED FOR CONSTRUCTION PLAN CHECK APPROVAL DOES NOT RELEASE PERMITTEE FROM RESPONSIBILITY TO CONSTRUCT ACCORDING TO BUILDING & CITY CODES AND STANDARDS. By: ____________________________ Date: ____________ 10/08/2019 PERMIT: E19-0855 ROW IMPROVEMENTS ONLY >>>>>>>>> >>>>>>V>>> > >>>>>>WE S T B O R O U G H B O U L E V A R D OAKMONT DRIVE SHANNON DRIVE SHAN N O N PARK C T.BANTRY LANEARDEE LANETARA LANEDRIVE ' C'DRIVE 'B''A' COU R T PARCEL E PARCEL C EVAPARCEL D 1 2 3 4 5 6 7 8 9 11 12 13 14 18 19 20 21 22 17 16 15 10 OVERALL UTILITY MAPIMPROVEMENT PLANS8 JOB NUMBER SHEET NUMBER OF 2820-000 CITY OF SOUTH SAN FRANCISCOCALIFORNIAOAKMONT MEADOWSOAKMONT DRIVE30DRAWN BY:DATE:EMDPROJ. ENGR:PROJ. MGR:JJN09/25/2019BFNCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMSACRAMENTO(925) 866-0322(916) 375-1877F:\2820-000\ACAD\IP\IP08.DWG10/8/2019 1:13 PMGRAPHIC SCALE 0'80'40'20'0' STORM DRAIN SCHEDULE SANITARY SEWER SCHEDULE WATER SCHEDULE WESTBOROUGH WATER DISTRICT NOTES: CONSTRUCTION NOTES: ENGINEERING DIVISON APPROVED FOR CONSTRUCTION PLAN CHECK APPROVAL DOES NOT RELEASE PERMITTEE FROM RESPONSIBILITY TO CONSTRUCT ACCORDING TO BUILDING & CITY CODES AND STANDARDS. By: ____________________________ Date: ____________ 10/08/2019 PERMIT: E19-0855 ROW IMPROVEMENTS ONLY TYPICAL BUILDING DETAILSIMPROVEMENT PLANS10 JOB NUMBER SHEET NUMBER OF 2820-000 CITY OF SOUTH SAN FRANCISCOCALIFORNIAOAKMONT MEADOWSOAKMONT DRIVE30DRAWN BY:DATE:EMDPROJ. ENGR:PROJ. MGR:JJN09/25/2019BFNCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMSACRAMENTO(925) 866-0322(916) 375-1877F:\2820-000\ACAD\IP\IP10.DWG10/8/2019 1:13 PMTYPICAL LOT FINISH GRADING SEE BUILDING PERMIT PLOT PLAN FOR ALL FINAL LOT GRADING AND BUILDING FOUNDATION INFORMATION. CASE #1 TRENCH BACKFILL DETAIL · · · CASE #2 TRENCH BACKFILL DETAIL · · · TYPICAL TRENCH DETAIL FOR UTILITIES IN PUBLIC RIGHT OF WAY 18" MIN TRENCH WIDTH 18" MIN SEE NOTE 4 EXISTING SURFACE SAW CUT CLASS 2 AGGREGATE BASE (95% REMOVE AND REPLACE EXISTING PAVEMENT 4" MIN. OR IF COLLECTOR 6" MIN, ARTERIAL 8" MIN, MAJOR ARTERIAL 10" MIN. TYPE 'A' 1 1 2" MAX AC FINE. COMPACTION) OR CDF PAVEMENT REPLACEMENT SHALL EXTEND 18" OR EQUAL TRENCH WIDTH (WHICHEVER IS GREATER) ON ALL SIDES OF THE TRENCH, SEE NOTE 7. SELECT BACKFILL MATERIAL (90% COMPACTION) (SEE NOTE 2) PERMEABLE CLASS I, TYPE A 6" MIN, 12" MAX. OR CDF CLASS I, TYPE A PERMEABLE OR CDF PERMEABLE CLASS I, TYPE A 1/4 O.D. 4" MIN. 6" MIN. 1/4 O.D.PIPE O.D. PAVED AREA 6" MIN. 1/4 O.D. 6" MIN. 1/4 O.D.PIPE O.D. UNPAVED AREA 6" MIN. 1/4 O.D. NOTES: 1. CLASS I, TYPE A PERMEABLE MATERIAL PER CALTRANS STANDARDS SPECIFICATIONS, SECTION 68-1.025, COMPACTED TO 95%. AT LEAST 75% OF THE PARTICLES SHALL HAVE ONE OR MORE FRACTURED FACES. 2. SELECTED BACKFILL MATERIAL SHALL BE MATERIAL FROM EXCAVATION, FREE FROM STONES OR LUMPS EXCEEDING 3" IN GREATEST DIMENSION, VEGETABLE MATTER, OR UNSATISFACTORY MATERIAL. 3. CONTROLLED DENSITY FILL PAVEMENT(CDF) SHALL BE APPROVED BY THE CITY ENGINEER. 4. IF THE OUTER EDGE OF THE REPLACEMENT WIDTH IS WITHIN 36" FROM THE LIP OF THE GUTTER, THE ENTIRE PAVEMENT SECTION BETWEEN THE TRENCH AND THE LIP OF THE GUTTER SHALL BE REMOVED AND REPLACED. 5. ANY SERVICE LATERAL CROSSING THE PIPE SHALL HAVE A MINIMUM OF 6" CLEARANCE. 6. FOR BELLHOLE EXCAVATION, PAVEMENT REPLACEMENT SHALL BE EXTENDED 1 FT MINIMUM FROM OUTER EDGE. 7. RESTORATIONS MUST BE PERPENDICULAR & PARALLEL TO STREET FOR ANGLED TRENCHING. S 2 3 1 NO. O 6/20/19 DATE ADDENDUM 1 - NOTES AND DESCRIPTION REVISION DEPARTMENT OF PUBLIC WORKS CITY OF SOUTH SAN FRANCISCO I:\STANDARDS\Standards_Specs and Details\B_Details\DRAWINGS\R-4 utility_trench1.dwg JH BY MR APP.SCALE: NTS SHEET APPROVED: DATE: Jun 20, 2019 DRAWING NO.R-4 DRAWN: KCM CHECKED: SB TYPICAL UTILITY TRENCH DETAILVARIABLE CNH L SC A IA F N I ASR T FU ARNCOITYFOICO ENGINEERING DIVISON APPROVED FOR CONSTRUCTION PLAN CHECK APPROVAL DOES NOT RELEASE PERMITTEE FROM RESPONSIBILITY TO CONSTRUCT ACCORDING TO BUILDING & CITY CODES AND STANDARDS. By: ____________________________ Date: ____________ 10/08/2019 PERMIT: E19-0855 ROW IMPROVEMENTS ONLY DETAILSIMPROVEMENT PLANS11 JOB NUMBER SHEET NUMBER OF 2820-000 CITY OF SOUTH SAN FRANCISCOCALIFORNIAOAKMONT MEADOWSOAKMONT DRIVE30DRAWN BY:DATE:EMDPROJ. ENGR:PROJ. MGR:JJN09/25/2019BFNCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMSACRAMENTO(925) 866-0322(916) 375-1877F:\2820-000\ACAD\IP\IP11.DWG10/8/2019 1:14 PMTYPICAL FIELD INLET DETAIL FIELD INLET WITH "V" DITCH "DRAINS TO BAY" DETAIL ENGINEERING DIVISON APPROVED FOR CONSTRUCTION PLAN CHECK APPROVAL DOES NOT RELEASE PERMITTEE FROM RESPONSIBILITY TO CONSTRUCT ACCORDING TO BUILDING & CITY CODES AND STANDARDS. By: ____________________________ Date: ____________ 10/08/2019 PERMIT: E19-0855 ROW IMPROVEMENTS ONLY > 17 16OAKMONT DRIVET T 15 >>>PARCEL J WESTBOROUGH BOULEVARDDRIVE 'B'T PARCEL C 22 PARCEL H PARCEL G PARCEL F SCALE:1" = VERTICAL 1" = HORIZONTAL PROFILE 20' 4' SCALE: DRIVE 'B' 1" = 20' 520 530 540 550 520 530 540 550 1+00 1+50 2+00 2+50 3+00 1+00 1+50 2+00 DRIVE 'B' & DRIVE 'C'IMPROVEMENT PLANS17 JOB NUMBER SHEET NUMBER OF 2820-000 CITY OF SOUTH SAN FRANCISCOCALIFORNIAOAKMONT MEADOWSOAKMONT DRIVE30DRAWN BY:DATE:EMDPROJ. ENGR:PROJ. MGR:JJN09/25/2019BFNCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMSACRAMENTO(925) 866-0322(916) 375-1877F:\2820-000\ACAD\IP\IP17.DWG10/8/2019 1:15 PMSCALE: DRIVE 'C' 1" = 20' EVASEE S H E E T 16 DRIV E B SEE L E F T DRIVE C SEE RIG H T EVASEE SHEET 16PARCEL E GRAPHIC SCALE 0'40'20'10'0' PARCEL E PARCEL J CONSTRUCTION NOTE T LEGEND (SEE SHEET 16)ENGINEERING DIVISON APPROVED FOR CONSTRUCTION PLAN CHECK APPROVAL DOES NOT RELEASE PERMITTEE FROM RESPONSIBILITY TO CONSTRUCT ACCORDING TO BUILDING & CITY CODES AND STANDARDS. By: ____________________________ Date: ____________ 10/08/2019 PERMIT: E19-0855 ROW IMPROVEMENTS ONLY 17 OAKMONT DRIVE DRIVE 'B' (SEE SHEET 17)BANTRYLANEWESTBOROUGH BOULEVARD18 19 20 21 22 DRIVE 'B'SCALE:1" = VERTICAL 1" = HORIZONTAL PROFILE 20' 4' SCALE: OAKMONT DRIVE 1" = 20' 510 520 530 510 520 530 0+50 1+00 1+50 2+00 2+50 3+00 3+50 OAKMONT DRIVEIMPROVEMENT PLANS18 JOB NUMBER SHEET NUMBER OF 2820-000 CITY OF SOUTH SAN FRANCISCOCALIFORNIAOAKMONT MEADOWSOAKMONT DRIVE30DRAWN BY:DATE:EMDPROJ. ENGR:PROJ. MGR:JJN09/25/2019BFNCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMSACRAMENTO(925) 866-0322(916) 375-1877F:\2820-000\ACAD\IP\IP18.DWG10/8/2019 1:15 PMGRAPHIC SCALE 0'40'20'10'0' CONSTRUCTION NOTE DRIVEWAY DETAIL 17 LEGEND WATER & FIRE SERVICE TRENCH DETAIL PROFILE VIEW COMBINED WATER AND FIRE SERVICE CONNECTION DETAIL PLAN VIEW COMBINED WATER AND FIRE SERVICE CONNECTION DETAIL ENGINEERING DIVISON APPROVED FOR CONSTRUCTION PLAN CHECK APPROVAL DOES NOT RELEASE PERMITTEE FROM RESPONSIBILITY TO CONSTRUCT ACCORDING TO BUILDING & CITY CODES AND STANDARDS. By: ____________________________ Date: ____________ 10/08/2019 PERMIT: E19-0855 ROW IMPROVEMENTS ONLY >>WESTBOROUGH BOULEVARDOAKMONT DRIVE DRIVE 'B'DRIVE ' C' LOT 18 LOT 20 LOT 22 LOT 19 LOT 21 DRIVE 'B'LOT 17 LOT 16 LOT 15 >DRIVE 'B'EVAFINE GRADING PLANIMPROVEMENT PLANS23 JOB NUMBER SHEET NUMBER OF 2820-000 CITY OF SOUTH SAN FRANCISCOCALIFORNIAOAKMONT MEADOWSOAKMONT DRIVE30DRAWN BY:DATE:EMDPROJ. ENGR:PROJ. MGR:JJN09/25/2019BFNCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMSACRAMENTO(925) 866-0322(916) 375-1877F:\2820-000\ACAD\IP\IP23.DWG10/8/2019 1:17 PMGRAPHIC SCALE 0'20'10'5'0'0'0'0' SEE SHEET ##CONSTRUCTION NOTES ENGINEERING DIVISON APPROVED FOR CONSTRUCTION PLAN CHECK APPROVAL DOES NOT RELEASE PERMITTEE FROM RESPONSIBILITY TO CONSTRUCT ACCORDING TO BUILDING & CITY CODES AND STANDARDS. By: ____________________________ Date: ____________ 10/08/2019 PERMIT: E19-0855 ROW IMPROVEMENTS ONLY >>>>>>>>>>>>>>>>>>>>>>> > > >>>>>>>>OAKMONT DRIVE WE S T B O R O U G H B O U L E V A R D SHANNON DRIVE SHAN N O N P A R K C T.BANTRYLANEARDEELANETARALANEDRIVE ' C'DRIVE 'B''A' COU R T PARCEL E PARCEL C EVA1 2 3 4 5 6 7 8 9 11 12 13 14 18 19 20 21 22 17 16 15 10 PARCEL D CURB DESIGNATION MAPIMPROVEMENT PLANS25 JOB NUMBER SHEET NUMBER OF 2820-000 CITY OF SOUTH SAN FRANCISCOCALIFORNIAOAKMONT MEADOWSOAKMONT DRIVE30DRAWN BY:DATE:EMDPROJ. ENGR:PROJ. MGR:JJN09/25/2019BFNCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMSACRAMENTO(925) 866-0322(916) 375-1877F:\2820-000\ACAD\IP\IP25.DWG10/8/2019 1:17 PMGRAPHIC SCALE 0'60'30'15'0' LEGEND ENGINEERING DIVISON APPROVED FOR CONSTRUCTION PLAN CHECK APPROVAL DOES NOT RELEASE PERMITTEE FROM RESPONSIBILITY TO CONSTRUCT ACCORDING TO BUILDING & CITY CODES AND STANDARDS. By: ____________________________ Date: ____________ 10/08/2019 PERMIT: E19-0855 ROW IMPROVEMENTS ONLY >>>>>>>>>>>>>>>>>>>>>>> > > >>>>>>>>OAKMONT DRIVE WE S T B O R O U G H B O U L E V A R D SHANNON DRIVE SHAN N O N P A R K C T.BANTRYLANEARDEELANETARALANEDRIVE ' C'DRIVE 'B''A' COU R T PARCEL E PARCEL C EVA1 2 3 4 5 6 7 8 9 11 12 13 14 18 19 20 21 22 17 16 15 10 PARCEL D SHANNON PARK CT. A A 'A' COURT SIGNING AND STRIPING PLAN & NOTESIMPROVEMENT PLANS26 JOB NUMBER SHEET NUMBER OF 2820-000 CITY OF SOUTH SAN FRANCISCOCALIFORNIAOAKMONT MEADOWSOAKMONT DRIVE30DRAWN BY:DATE:EMDPROJ. ENGR:PROJ. MGR:JJN09/25/2019BFNCIVIL ENGINEERSSURVEYORSPLANNERSSAN RAMONWWW.CBANDG.COMSACRAMENTO(925) 866-0322(916) 375-1877F:\2820-000\ACAD\IP\IP26.DWG10/8/2019 1:33 PMGRAPHIC SCALE 0'60'30'15'0' SIGNING AND STRIPING NOTES:FIRE ACCESS STREETS: SIGNAGE: TYPICAL PARKING STRIPING FOR PERPENDICULAR PARKING TYPICAL PARKING TICK DETAIL SECTION A-A LEGEND ACCESSIBLE PERSONS PARKING SYMBOL DETAIL ACCESSIBLE PARKING SIGN DETAIL ACCESSIBLE PARKING DETIAL TOW AWAY SIGN DETAIL TOW AWAY SIGN COPY SHALL READ AS FOLLOWS: ENGINEERING DIVISON APPROVED FOR CONSTRUCTION PLAN CHECK APPROVAL DOES NOT RELEASE PERMITTEE FROM RESPONSIBILITY TO CONSTRUCT ACCORDING TO BUILDING & CITY CODES AND STANDARDS. By: ____________________________ Date: ____________ 10/08/2019 PERMIT: E19-0855 ROW IMPROVEMENTS ONLY 606.6608.4609.1610.6571.7565.5560.7575.9575.1601.9604.8607.9611.7610.7600.7609.3600.5605.6596.2593.1590.8582.6596.5592.4586.7570.6576.6582.9568.9567.7565.9566.0566.3569.7556.4558.7559.5555.7551.8544.4549.6555.3541.8540.3535.2532.6533.8532.8535.4534.4536.3535.6536.8536.7539.9542.5540.0541.7538.4540.2540.3537.6538.6539.3538.5538.5540.6539.2537.6538.0533.9535.4538.5532.6531.7529.4534.5530.8527.7521.4528.3527.7523.8533.4531.6530.3542.2546.7545.4551.5549.8546.3548.0547.5548.4549.5547.7548.5545.5554.4552.6552.5548.6549.4550.3550.3551.7550.8549.7549.8550.7550.5551.2550.4553.3551.4555.5549.3554.5558.1549.6546.7550.8552.6554.5552.1551.9550.6551.4551.5551.1551.3553.6556.6559.2558.4560.6558.4557.3560.5554.8546.7549.3552.4542.6548.5550.4554.4562.6564.4562.2559.7583.7571.5557.5562.8602.5583.2585.9605610 6105755705655 5 5 5 5 0 5355 40 5 4 5 5255305355 5 0600 595590610595590600570575580535530555560550545565540530535605535545540545550555560565575580585590595550WESTBOROUGH BLVD OAKMONT DR5553.67GNVGNVGNVGNVGNVGNVGNVGNVGNVGNVGNVGNVGNVGNVXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX XXXXOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWOHWXXXXXXXXXXXXXXXXXXXXXXXXXXDRAWING DESCRIPTION:PREPARED FOR:PREPARED BY:DATEREVDATEAPPROVEDDWN/CKDDESCRIPTIONDRAWING DESCRIPTION:PREPARED FOR:PREPARED BY:SHEET 1 OF 3DATEREVDATEAPPROVEDDWN/CKDDESCRIPTIONNOTES:AREADESCRIPTION OF BMP's DATE COMPLETED BMP INSTALLATION LOG PHONE: (707) 747-1126 FAX: (925) 871-5172 6600 GOODYEAR ROAD, BENICIA, CA 94510040408016020WARMINGTON HOMES2400 CAMINO RAMON, SUITE 234SAN RAMON, CA 94583(925) 249-7946OAKMOUNT MEADOWS SUBDIVISIONSOUTH SAN FRANCISCO, CALIFORNIAEROSION AND SEDIMENT CONTROL PLANJUNE 2019LEGENDXEXISTING WALL OR FENCE - TO REMAINSTABILIZED CONSTRUCTION ENTRANCE / EXIT (TC-1)ACTIVE LAND DEVELOPMENT AREAEXISTING STORM DRAIN - PROTECT WITH SEDIMENT CONTROL MEASURES (SE-10) SILT FENCE (SE-1)FLOW DIRECTIONFIBER ROLL (SE-5)1)THE PROJECT IS A RISK LEVEL 1 SITE AND ALL ACTIVITIES WILL COMPLY WITH ATTACHMENT C OF THECONSTRUCTION GENERAL PERMIT (CGP) AND ALL CITY OF SOUTH SF MUNICIPAL REQUIREMENTS.2)LAND DEVELOPMENT ACTIVITIES ARE SCHEDULED TO BEGIN IN AUGUST 2019.3)ACTIVE AND INACTIVE AREAS WILL BE PROTECTED WITH A COMBINATION OF EROSION AND SEDIMENT CONTROLBMPS TO ENSURE COMPLIANCE.4)PERIMETER SEDIMENT CONTROL BMPS (I.E. FIBER ROLLS, SILT FENCE OR EQUIVALENT) SHALL BE MAINTAINED ATALL TIMES DURING GRADING ACTIVITIES IN ORDER TO MINIMIZE POTENTIAL FOR POLLUTANT DISCHARGE INRUN-OFF WATER.5)GOOD SITE HOUSEKEEPING PRACTICES WILL BE DEPLOYED RELATED TO MATERIAL MANAGEMENT, WASTEMANAGEMENT, AND NON STORM WATER MANAGEMENT DURING ALL PHASES OF CONSTRUCTION AS OUTLINEDIN THE SITE SPECIFIC SWPPP.6)STABILIZED ENTRANCE/EXITS WILL BE ESTABLISHED AND WILL BE MAINTAINED AT ALL TIMES TO ABATETRACKOUT. DRIVEWAYS SHOULD CONSIST OF 3-6" ROCK UNDERLINED WITH FABRIC, STEEL RUMBLE PLATES, OREQUIVALENT.7)STREET SWEEPING WILL BE CONDUCTED A MINIMUM OF WEEKLY, PRIOR TO RAIN EVENTS, AS WELL ASNECESSARY TO ABATE TRACK OUT ONTO THE PAVED STREETS AND OTHER HARDSCAPE SURFACES.8)ALL NEARBY STORM DRAIN INLETS WILL BE PROTECTED WITH APPROPRIATE SEDIMENT CONTROL BMPS ASOUTLINED IN THE PROJECT'S SWPPP.9)IMPLEMENT WATER APPLICATION DURING GRADING ACTIVITIES IN ORDER TO ABATE DUST EMISSIONS.10)MATERIAL STOCKPILES WILL BE COVERED PRIOR TO RAIN AND/OR WATERED APPROPRIATELY TO ABATE DUSTDURING WINDY CONDITIONS.11)TRASH MATERIALS WILL BE STORED IN WATER TIGHT CONTAINERS THAT WILL BE COVERED AT THE END OF EACHDAY AND PRIOR TO ALL RAIN EVENTS, PER THE CGP REQUIREMENTS.12)ALL SITE MONITORING AND INSPECTIONS WILL BE CONDUCTED AT THE REQUIRED RISK LEVEL 1 FREQUENCIES (I.E.WEEKLY WHEN NO RAIN, PRE & POST RAIN EVENTS) TO ASSESS SITE CONDITIONS AND THE EFFECTIVENESS OF THEINSTALLED BMPS. ALL DOCUMENTS ARE STORED IN THE CONSTRUCTION TRAILER .13)ALL BMPS SHOWN ON THE MAP ARE APPROXIMATE LOCATIONS, AND MODIFICATIONS TO EXACT LOCATIONS WILLBE BASED ON CONSTRUCTION ACTIVITIES, DISTURBED AREAS, AND THE SITE QSP'S PROFESSIONAL JUDGEMENT.14)CHANGES TO SITE CONDITIONS AND IMPLEMENTED BMPS WILL BE NOTED ON THIS SITE PLAN AND ALLSIGNIFICANT CHANGES WILL REQUIRE A SWPPP AMENDMENT BY THE QUALIFIED SWPPP DEVELOPER (QSD).15) CONTRACTOR IS TO FOLLOW THE REQUIREMENTS OF THE SWPPP, INCLUDING PROVIDING A QSP ASSIGNED WITHRESPONSIBILITY FOR NON-STORMWATER AND STORMWATER VISUAL OBSERVATIONS SAMPLING, AND ANALYSISAND RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE STATE'S GENERAL PERMIT, IMPLEMENTATION OF ALLELEMENTS OF THE SWPPP, AND CONSTRUCTION SITE MONITORING PROGRAM (CSMP), INCLUDING THEPREPARATION OF THE ANNUAL REPORT TO THE WATER BOARD.LAND DEVELOPMENT PHASEWDID #: 2 41C387190PROPOSED AREA FOR CONSTRUCTION PARKING & STORAGEENGINEERING DIVISON APPROVED FOR CONSTRUCTION PLAN CHECK APPROVAL DOES NOT RELEASE PERMITTEE FROM RESPONSIBILITY TO CONSTRUCT ACCORDING TO BUILDING & CITY CODES AND STANDARDS. By: ____________________________ Date: ____________ 8/28/2019PERMIT: E19-0855 ROW IMPROVEMENTS ONLY >>>>>>>>>>>>>>>>>>>>>>VV>>>>PARCEL D1P 554.0PARCEL EPARCEL E'A' COURTPARCEL CPARCEL C2P 554.04P 557.05P 557.06P 558.07P 558.08P 558.09P 559.010P 559.011P 559.012P 561.013P 561.014P 561.023P 540.024P 540.025P 542.226P 542.218P 537.019P 537.020P 537.021P 539.022P 539.015P 537.016P 537.017P 537.03P 557.0OAKMONT DRIVEXXXXXXXXXXXXXXXXXXXXXXXXXXXWESTBOROUGH BLVD DRAWING DESCRIPTION:PREPARED FOR:PREPARED BY:DATEREVDATEAPPROVEDDWN/CKDDESCRIPTIONDRAWING DESCRIPTION:PREPARED FOR:PREPARED BY:SHEET 2 OF 3DATEREVDATEAPPROVEDDWN/CKDDESCRIPTIONAREADESCRIPTION OF BMP's DATE COMPLETED BMP INSTALLATION LOG PHONE: (707) 747-1126 FAX: (925) 871-5172 6600 GOODYEAR ROAD, BENICIA, CA 94510040408016020WARMINGTON HOMES2400 CAMINO RAMON, SUITE 234SAN RAMON, CA 94583(925) 249-7946OAKMONT MEADOWS SUBDIVISIONSOUTH SAN FRANCISCO, CALIFORNIAEROSION AND SEDIMENT CONTROL PLANJUNE 2019STORM DRAIN INLET PROTECTION (SE-10) LEGENDHYDROSEED MIX OR HYDROMULCH (EC-4 OR EC-3)FIBER ROLL (SE-5)STABILIZED CONSTRUCTION ENTRANCE / EXIT (TC-1)SILT FENCE (SE-1)XEXISTING WOODEN FENCE - TO REMAINVERTICAL CONSTRUCTION PHASEWDID #: 2 41C387190NOTES:1)THE PROJECT IS A RISK LEVEL 1 SITE AND ALL ACTIVITIES WILL COMPLY WITH ATTACHMENT C OF THECONSTRUCTION GENERAL PERMIT (CGP) AND ALL CITY OF SOUTH SF MUNICIPAL REQUIREMENTS.2)LAND DEVELOPMENT ACTIVITIES ARE SCHEDULED TO BEGIN IN AUGUST 2019.3)ACTIVE AND INACTIVE AREAS WILL BE PROTECTED WITH A COMBINATION OF EROSION AND SEDIMENT CONTROLBMPS TO ENSURE COMPLIANCE.4)PERIMETER SEDIMENT CONTROL BMPS (I.E. FIBER ROLLS, SILT FENCE OR EQUIVALENT) SHALL BE MAINTAINED ATALL TIMES DURING GRADING ACTIVITIES IN ORDER TO MINIMIZE POTENTIAL FOR POLLUTANT DISCHARGE INRUN-OFF WATER.5)GOOD SITE HOUSEKEEPING PRACTICES WILL BE DEPLOYED RELATED TO MATERIAL MANAGEMENT, WASTEMANAGEMENT, AND NON STORM WATER MANAGEMENT DURING ALL PHASES OF CONSTRUCTION AS OUTLINEDIN THE SITE SPECIFIC SWPPP.6)STABILIZED ENTRANCE/EXITS WILL BE ESTABLISHED AND WILL BE MAINTAINED AT ALL TIMES TO ABATETRACKOUT. DRIVEWAYS SHOULD CONSIST OF 3-6" ROCK UNDERLINED WITH FABRIC, STEEL RUMBLE PLATES, OREQUIVALENT.7)STREET SWEEPING WILL BE CONDUCTED A MINIMUM OF WEEKLY, PRIOR TO RAIN EVENTS, AS WELL ASNECESSARY TO ABATE TRACK OUT ONTO THE PAVED STREETS AND OTHER HARDSCAPE SURFACES.8)ALL NEARBY STORM DRAIN INLETS WILL BE PROTECTED WITH APPROPRIATE SEDIMENT CONTROL BMPS ASOUTLINED IN THE PROJECT'S SWPPP.9)IMPLEMENT WATER APPLICATION DURING GRADING ACTIVITIES IN ORDER TO ABATE DUST EMISSIONS.10)MATERIAL STOCKPILES WILL BE COVERED PRIOR TO RAIN AND/OR WATERED APPROPRIATELY TO ABATE DUSTDURING WINDY CONDITIONS.11)TRASH MATERIALS WILL BE STORED IN WATER TIGHT CONTAINERS THAT WILL BE COVERED AT THE END OF EACHDAY AND PRIOR TO ALL RAIN EVENTS, PER THE CGP REQUIREMENTS.12)ALL SITE MONITORING AND INSPECTIONS WILL BE CONDUCTED AT THE REQUIRED RISK LEVEL 1 FREQUENCIES (I.E.WEEKLY WHEN NO RAIN, PRE & POST RAIN EVENTS) TO ASSESS SITE CONDITIONS AND THE EFFECTIVENESS OF THEINSTALLED BMPS. ALL DOCUMENTS ARE STORED IN THE CONSTRUCTION TRAILER .13)ALL BMPS SHOWN ON THE MAP ARE APPROXIMATE LOCATIONS, AND MODIFICATIONS TO EXACT LOCATIONS WILLBE BASED ON CONSTRUCTION ACTIVITIES, DISTURBED AREAS, AND THE SITE QSP'S PROFESSIONAL JUDGEMENT.14)CHANGES TO SITE CONDITIONS AND IMPLEMENTED BMPS WILL BE NOTED ON THIS SITE PLAN AND ALLSIGNIFICANT CHANGES WILL REQUIRE A SWPPP AMENDMENT BY THE QUALIFIED SWPPP DEVELOPER (QSD).15) CONTRACTOR IS TO FOLLOW THE REQUIREMENTS OF THE SWPPP, INCLUDING PROVIDING A QSP ASSIGNED WITHRESPONSIBILITY FOR NON-STORMWATER AND STORMWATER VISUAL OBSERVATIONS SAMPLING, AND ANALYSISAND RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE STATE'S GENERAL PERMIT, IMPLEMENTATION OF ALLELEMENTS OF THE SWPPP, AND CONSTRUCTION SITE MONITORING PROGRAM (CSMP), INCLUDING THEPREPARATION OF THE ANNUAL REPORT TO THE WATER BOARD.ENGINEERING DIVISON APPROVED FOR CONSTRUCTION PLAN CHECK APPROVAL DOES NOT RELEASE PERMITTEE FROM RESPONSIBILITY TO CONSTRUCT ACCORDING TO BUILDING & CITY CODES AND STANDARDS. By: ____________________________ Date: ____________ 8/28/2019PERMIT: E19-0855 ROW IMPROVEMENTS ONLY DRAWING DESCRIPTION:PREPARED FOR:PREPARED BY:DRAWING DESCRIPTION:PREPARED FOR:PREPARED BY:SHEET 3 OF 3PHONE: (707) 747-1126 FAX: (925) 871-5172 6600 GOODYEAR ROAD, BENICIA, CA 94510WARMINGTON HOMES2400 CAMINO RAMON, SUITE 234SAN RAMON, CA 94583(925) 249-7946OAKMONT MEADOWS SUBDIVISION SOUTH SAN FRANCISCO, CALIFORNIA EROSION AND SEDIMENT CONTROL BMP DETAIL SHEET JUNE 2019ENGINEERING DIVISON APPROVED FOR CONSTRUCTION PLAN CHECK APPROVAL DOES NOT RELEASE PERMITTEE FROM RESPONSIBILITY TO CONSTRUCT ACCORDING TO BUILDING & CITY CODES AND STANDARDS. By: ____________________________ Date: ____________ 8/28/2019PERMIT: E19-0855 ROW IMPROVEMENTS ONLY 1 STORMWATER TREATMENT MEASURES MAINTENANCE AGREEMENT RECITALS This Stormwater Treatment Measures Maintenance Agreement (“Agreement”) is entered into this ____date of _______. 201_, by and between the City of South San Francisco (“City”) and Warmington Oakmont Associates LLC, (“Property Owner”), a property owner of real property described in this Agreement. WHEREAS, On November 19, 2015, the Regional Water Quality Control Board, San Francisco Bay Region, adopted Order R2-2015-0049 (NPDES Permit No. CAS612008), amending the Municipal Regional Stormwater NPDES Permit applicable to the City (“NPDES permit”); and WHEREAS, Provision C.3.h. of this NPDES permit, and as it may be amended or reissued, requires the City and other permittee public agencies to implement an Operation and Maintenance Verification Program (“O&M Verification Program”) to ensure that all required stormwater treatment measures are properly installed and maintained by the owner, buyer or lessee of real property containing a “Regulated Project” as defined in Provision C.3.b.ii of the NPDES permit; and WHEREAS, the Property Owner Warmington Oakmont Associates LLC, is the owner of real property commonly known as plot Oakmont Meadows the “Property”, and more particularly described in the attached legal description (Exhibit A). WHEREAS, the Property is a “Regulated Project” as defined in Provision C.3.b.ii. of the NPDES permit; and WHEREAS, attached hereto as Exhibit B is a legible reduced-scale copy of the Site Plan or comparable document showing the stormwater treatment measures that are to be located or to be constructed on the Property; and WHEREAS, the City is the permittee public agency with jurisdiction over the Property; and WHEREAS, the Property Owner recognizes that the stormwater treatment measure(s) more particularly described and shown on Exhibit C, of which full-scale plans and any amendments thereto are on file with the Planning Department of the City of South San Francisco must be installed and maintained as indicated in this Agreement and as required by the NPDES permit; and WHEREAS, the City and the Property Owner agree that the health, safety and welfare of the citizens of the City require that the stormwater treatment measure(s) detailed in the Site Plan or comparable document be constructed and maintained on the Property; and WHEREAS, the City’s Stormwater Management Ordinance, guidelines, criteria and other written directions require that the stormwater treatment measure(s), as shown on the approved Site Plan or comparable document, be constructed and maintained by the Property Owner THEREFORE, in consideration of the benefit received by the Property Owner as a result of the City’s approval of the Site Plan, the Property Owner hereby covenants and agrees with the City as follows: SECTION 1: CONSTRUCTION OF TREATMENT MEASURES 2 document shall be constructed by the Property Owner in strict accordance with the approved plans and specifications identified for the development and any other requirements thereto which have been approved by the City in conformance with appropriate City ordinances, guidelines, criteria and other written direction. SECTION 2: OPERATION & MAINTENANCE RESPONSIBILITY This agreement shall serve as the signed statement by the Property Owner accepting responsibility for installation, operation and maintenance of stormwater treatment measures as set forth in this Agreement until the responsibility is legally transferred to another person or entity. Before the responsibility is legally transferred to another person or entity, the Property Owner shall provide to the City at least one of the following: 1) A signed statement from the public entity assuming post-construction responsibility for treatment measure maintenance and that the treatment measures meet all local agency design standards; or 2) Written conditions in the sales or lease agreement requiring the buyer or lessee to assume responsibility for operation and maintenance (O&M) consistent with this provision, which conditions, in the case of purchase and sale agreements, shall be written to survive beyond the close of escrow; or 3) Written text in project conditions, covenants and restrictions (CCRs) for residential properties assigning O&M responsibilities to the home owners association for O&M of the treatment measures; or 4) Any other legally enforceable agreement or mechanism that assigns responsibility for the maintenance of treatment measures. SECTION 3: MAINTENANCE OF TREATMENT MEASURES The Property Owner shall not destroy or remove the stormwater treatment measures from the Property nor modify the stormwater treatment system in a manner that lessens its effectiveness, and shall, at Property Owner’s sole expense, adequately maintain the stormwater treatment measure(s) in good working order acceptable to the City and in accordance with the maintenance plan agreed hereto and attached as Exhibit D. This includes all pipes, channels or other conveyances built to convey stormwater to the treatment measure(s), as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as maintaining the described facilities in good working condition so that these facilities continue to operate as originally designed and approved. The maintenance plan shall include a detailed description of and schedule for long-term maintenance activities. SECTION 4: SEDIMENT MANAGEMENT Sediment accumulation resulting from the normal operation of the stormwater treatment measure(s) will be managed appropriately by the Property Owner. The Property Owner will provide for the removal and disposal of accumulated sediments. Disposal of accumulated sediments shall not occur on the Property, unless provided for in the maintenance plan. Any disposal or removal of accumulated sediments or debris shall be in compliance with all federal, state and local law and regulations. SECTION 5: ANNUAL INSPECTION AND REPORT The Property Owner shall, on an annual basis, complete the Treatment Measure Operation and Maintenance Inspection Report (annual report), attached to this agreement as Exhibit E. The annual report shall include all completed Inspection and Maintenance Checklists for the reporting 3 period and shall be submitted to the City in order to verify that inspection and maintenance of the applicable stormwater treatment measure(s) have been conducted pursuant to this agreement. The annual report shall be submitted no later than December 31st of each year, under penalty of perjury, to Environmental Compliance Supervisor, Department of Environmental Compliance, South San Francisco / San Bruno WQCP, 195 Belle Air Road, South San Francisco, CA 94080 or another member of the City staff as directed by the City. The Property Owner shall provide in the annual report a record of the volume of all accumulated sediment removed as a result of the treatment measure(s). The Property Owner shall conduct a minimum of one annual inspection of the stormwater treatment measure(s) before the wet season. This inspection shall occur between August 1st and October 1st each year. More frequent inspections may be required by the maintenance plan, Exhibit D. The results of inspections shall be recorded on the Inspection and Maintenance Checklist(s) attached as Exhibit F. SECTION 6: NECESSARY CHANGES AND MODIFICATIONS At its sole expense, the Property Owner shall make changes or modifications to the stormwater treatment measure(s) and/or the long-term maintenance plan, Exhibit D as may be determined as reasonably necessary by the City to ensure that treatment measures are properly maintained and continue to operate as originally designed and approved. SECTION 7: ACCESS TO THE PROPERTY The Property Owner hereby grants permission to the City; the San Francisco Bay Regional Water Quality Control Board (Regional Board); the San Mateo County Mosquito Abatement District (Mosquito Abatement District); and their authorized agents and employees to enter upon the Property at reasonable times and in a reasonable manner to inspect, assess or observe the stormwater treatment measure(s) in order to ensure that treatment measures are being properly maintained and are continuing to perform in an adequate manner to protect water quality and the public health and safety. This includes the right to enter upon the Property whenever there is a reasonable basis to believe that a violation of this Agreement, the City’s stormwater management ordinance, guidelines, criteria, other written direction, or the NPDES permit (Regional Board Order No. R2-2015-0049, and any amendments or reissuances of this permit) is occurring, has occurred or threatens to occur. The above listed agencies also have a right to enter the Property when necessary for abatement of a public nuisance or correction of a violation of the ordinance guideline, criteria or other written direction. The City, Regional Board, or the Mosquito Abatement District shall provide reasonable (as may be appropriate for the particular circumstances) notice to the Property Owner before entering the property. SECTION 8: FAILURE TO MAINTAIN TREATMENT MEASURES In the event the Property Owner fails to maintain the stormwater treatment measure(s) as shown on the approved Site Plan or comparable document in good working order acceptable to the City and in accordance with the maintenance plan incorporated in the Agreement, the City, and its authorized agents and employees with reasonable notice, may enter the Property and take whatever steps it deems necessary and appropriate to return the treatment measure(s) to good working order. Such notice will not be necessary if emergency conditions require immediate remedial action. This provision shall not be construed to allow the City to erect any structure of a permanent nature on the Property. It is expressly understood and agreed that the City is under no obligation to maintain or repair the treatment measure(s) and in no event shall this Agreement be construed to impose any such obligation on the City. SECTION 9: REIMBURSEMENT OF CITY EXPENDITURES In the event the City, pursuant to this Agreement, performs work of any nature (direct or 4 indirect), including any reinspections or any actions it deems necessary or appropriate to return the treatment measure(s) in good working order as indicated in Section 8, or expends any funds in the performance of said work for labor, use of equipment, supplies, materials, and the like, the Property Owner shall reimburse the City, or shall forfeit any required bond upon demand within thirty (30) days of receipt thereof for the costs incurred by the City hereunder. If these costs are not paid within the prescribed time period, the City may assess the Property Owner the cost of the work, both direct and indirect, and applicable penalties. Said assessment shall be a lien against the Property or may be placed on the property tax bill and collected as ordinary taxes by the City. The actions described in this section are in addition to and not in lieu of any and all legal remedies as provided by law, available to the City as a result of the Property Owner’s failure to maintain the treatment measure(s). SECTION 10: INDEMNIFICATION The Property Owner shall indemnify, hold harmless and defend the City and its authorized agents, officers, officials and employees from and against any and all claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed or which might arise or be asserted against the City that are alleged or proven to result or arise from the construction, presence, existence or maintenance of the treatment measure(s) by the Property Owner or the City. In the event a claim is asserted against the City, its authorized agents, officers, officials or employees, the City shall promptly notify the Property Owner and the Property Owner shall defend at its own expense any suit based on such claim. If any judgment or claims against the City, its authorized agents, officers, officials or employees shall be allowed, the Property Owner shall pay for all costs and expenses in connection herewith. This section shall not apply to any claims, demands, suits, damages, liabilities, losses, accidents, casualties, occurrences, claims and payments, including attorney fees claimed which arise due solely to the negligence or willful misconduct of the City. SECTION 11: NO ADDITIONAL LIABILITY It is the intent of this agreement to insure the proper maintenance of the treatment measure(s) by the Property Owner; provided, however, that this Agreement shall not be deemed to create or effect any additional liability not otherwise provided by law of any party for damage alleged to result from or caused by storm water runoff. SECTION 12: PERFORMANCE FINANCIAL ASSURANCE The City may request the Property Owner to provide a performance bond, security or other appropriate financial assurance providing for the maintenance of the stormwater treatment measure(s) pursuant to the City’s ordinances, guidelines, criteria or written direction. SECTION 13: TRANSFER OF PROPERTY This Agreement shall run with the title to the land and any portion thereof. The Property Owner further agrees whenever the Property or any portion thereof is held, sold, conveyed or otherwise transferred, it shall be subject to this Agreement which shall apply to, bind and be obligatory to all present and subsequent owners of the Property or any portion thereof. SECTION 14: SEVERABILITY The provisions of this Agreement shall be severable and if any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision is adjudged invalid or unconstitutional by a court of competent jurisdiction, or the applicability to any Property Owner is held invalid, this shall not affect or invalidate the remainder of any phrase, clause, section, subsection, paragraph, subdivision, sentence or provision of this Agreement. 5 SECTION 15: RECORDATION This Agreement shall be recorded by the Property Owner within 30 days after the execution date of this Agreement in the County Recorder’s Office of the County of San Mateo, California at the Property Owner’s expense. The City reserves the option to record this Agreement. SECTION 16: RELEASE OF AGREEMENT In the event that the City determines that the stormwater treatment measures located on the Property are no longer required, then the City, at the request of the Property Owner shall execute a release of this Maintenance Agreement, which the Property Owner shall record in the County Recorder’s Office at the Property Owner’s expense. The City reserves the option to record such release of this Maintenance Agreement. The stormwater treatment measure(s) shall not be removed from the Property unless such a release is so executed and recorded. SECTION 17: EFFECTIVE DATE AND MODIFICATION This Agreement is effective upon the date of execution as stated at the beginning of this Agreement. This Agreement shall not be modified except by written instrument executed by the City and the Property -Owner at the time of modification. Such modifications shall be effective upon the date of execution and shall be recorded. _____________________________________ ___________________ Signature for the City Date ________________________________________________________________________________ Type or print name and title _____________________________________ ___________________ Property Owner Signature Date ________________________________________________________________________________ Type or print Property Owner Name ________________________________________________________________________________ Type or print Owner Address 6 Exhibit A – Legal Description of Property Exhibit B – Site Plan Exhibit C – Stormwater treatment measures Exhibit D – Maintenance plan Exhibit E – Standard Treatment Measure Operation and Maintenance Inspection Report Exhibit F – Inspection and Maintenance Checklists P:\2800 - 2899\2820-010\O&M\1st Submittal\O&M Forms\O&M Information for Stormwater Treatment Measures.docversion dated February 26, 2007 Complete and submit for municipal stormwater NPDES permit reporting the following information for each new and redevelopment project where treatment measures have been implemented this reporting period. This section to be completed by Applicant Background Information Location or Address: Westborough Boulevard & Oakmont Drive Type of Land Use: Commercial Industrial × Residential Public Agency Property Owner’s Name:________________________________________________________________ Parcel/Tract No.:__________________ Lot No.: LOTS 1-26 & PARCELS A-E APN # 091-151-040-2 Type of treatment measures implemented: Bioretention Areas Describe locations of each treatment measure or attach map showing locations on the property: Parcel C and E (see attached exhibit) Stormwater Treatment Measure Owner or Operator’s Information: Name: Warmington Oakmont Associates LLC, Attn: David Agee Address: 2400 Camino Ramon Suite 234, San Ramon, CA 94583 Phone: (925) 249-7946 Fax:_______________________ Email: David.Agee@WarmingtonGroup.com Numeric hydraulic sizing criteria used to design each stormwater treatment measure: San Mateo Countywide Stormwater Pollution Prevention Program’s NPDES permit’s Provision C.3.d Other, describe:__________________________________________________________________ _____________________________ _______________________ ___________________ Applicant’s Name Signature Date This section to be completed by Agency staff More Detailed Information about Access Assurance and O&M Responsibilities: Describe how access permission is assured for O&M verification by public agencies or their representatives (e.g., municipality, Regional Water Quality Control Board, and Mosquito Abatement District): ____________________________________________________________________________________ ___________________________________________________________________________________ Indicate how responsibility for O&M is assured. Check all that apply: Signed statement from private entity accepting responsibility for O&M until responsibility is legally transferred. Signed statement from public entity assuming O&M and that the treatment measures meet all local design standards. Written conditions in the sales or lease agreement requiring the buyer or lessee to assume O&M (in the case of purchase and sale agreements, conditions shall survive the close of escrow). Written text in project conditions, covenants and restrictions for residential properties assigning O&M responsibilities to the home owners association. Any other legally enforceable agreement or mechanism that assigns responsibility and describe below. _____________________________________________________________________________________ Local Agency O&M Verification Program Name of municipality or Flood Control District responsible under the NPDES permit for verifying O&M. __________________________________________________________________________________ Describe where information documenting responsibility for O&M is kept and updated. ___________________________________________________________________________________ Operation and Maintenance Information for Stormwater Treatment Measures Exhibit A {legal description of property} Real Property in the City of South San Francisco, County of San Mateo, State of California, described as follows: Final Map ____, Filed___________ in Map Book_____, Pages_________, inclusive, San Mateo County Records. Exhibit B {Site Plan} >>>>>>>>>>>>>>>OAKMONT DRIVEBANTRYLANE WE S T B O R O U G H B O U L E V A R D SHANNON DRIVE SHAN N O N PARK C T.ARDEELANETARALANEDRIVE ' C''A' COU R TDRIVE 'B'EVAPARCEL D PARCEL C PARCE L A PARCEL B PARCEL E 1 2 3 4 5 6 7 8 9 11 12 13 14 18 19 20 21 22 17 16 15 10 23 24 25 26 F:\2820-000\ACAD\EXHIBITS\O&M_EXHIBIT_B.DWG6/18/2019 2:47 PMEXHIBIT B SITE PLAN OAKMONT MEADOWS CITY OF SOUTH SAN FRANCISCO SAN MATEO COUNTY CALIFORNIA DATE: JUNE 2019 SCALE: 1"=60' CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877 Exhibit C {Construction Plan/Drawings} BIORETENTION AREA>>>>>>>>>>>>>>>>>>>>>>VV>>>>OAKMONT DRIVEBANTRY LANEWESTBOROUGH BOULEVARDSHANNON DRIVESHANNON PARK CT . ARDEE LANE TARA LANEDRIVE 'C' 'A ' COURT DRIVE 'B'EVA B1B2S3S2S1PARCEL DPARCEL CPARCEL APARCEL BPARCEL E1234567891112131418192021221716151023242526B1LEGENDEXISTINGPROPOSEDBIORETENTION SUMMARYBMP IDIMPERVIOUSAREA (SF)PERVIOUSAREA (SF)EFFECTIVEIMPERVIOUSAREA (SF)TOTALIMPERVIOUSAREA (SF)BIORETENTIONAREA REQUIRED(SF)BIORETENTIONAREA PROVIDED(SF)SELF-TREATING AREA SUMMARYBMP IDTOTAL IMPERVIOUSAREA (SF)LANDSCAPE AREAREQUIRED (SF)TOTAL LANDSCAPEAREA (SF)B1JOB NUMBERSHEET NUMBEROF2820-000CITY OF SOUTH SAN FRANCISCO CALIFORNIA OAKMONT MEADOWS OAKMONT DRIVE 29DRAWN BY: DATE: EMD PROJ. ENGR: PROJ. MGR: JJN 06/17/2019 BFN CIVIL ENGINEERS SURVEYORS PLANNERS SAN RAMON WWW.CBANDG.COM SACRAMENTO (925) 866-0322 (916) 375-1877F:\2820-000\ACAD\IP\IP14.DWG6/18/2019 1:46 PM STORM WATER CONTROL PLAN IMPROVEMENT PLANS 14GRAPHIC SCALE0'80'40'20'0'BIORETENTION NOTES: Exhibit D {Maintenance Plan} Page 1 Revised 11/30/11 P:\2800 - 2899\2820-010\O&M\1st Submittal\O&M Forms\Exhibit D_G02_SMCWPPP_6.1_Bioret_Area_template.doc Bioretention Area1 Maintenance Plan for Oakmont Meadows August 2019 The property contains 7 bioretention area(s), located as described below and as shown in the attached site plan2.  Bioretention Area No. B1 is located at Parcel E.  Bioretention Area No. B2 is located at Parcel C. I. Routine Maintenance Activities The principal maintenance objective is to prevent sediment buildup and clogging, which reduces pollutant removal efficiency and may lead to bioretention area failure. Routine maintenance activities, and the frequency at which they will be conducted, are shown in Table 1. Table 1 Routine Maintenance Activities for Bioretention Areas No. Maintenance Task Frequency of Task 1 Remove obstructions, debris and trash from bioretention area and dispose of properly. Monthly, or as needed after storm events 2 Inspect bioretention area to ensure that it drains between storms and within five days after rainfall. Monthly, or as needed after storm events 3 Inspect inlets for channels, soil exposure or other evidence of erosion. Clear obstructions and remove sediment. Monthly, or as needed after storm events 4 Remove and replace all dead and diseased vegetation. Twice a year 5 Maintain vegetation and the irrigation system. Prune and weed to keep bioretention area neat and orderly in appearance. Before wet season begins, or as needed 1 Bioretention areas include linear treatment measures designed to filter water through biotreatment soils. A bioretention area that has no waterproof liner beneath it and has a raised underdrain in the underlying rock layer to promote infiltration, as shown in Section 6.1 of the C.3 Technical Guidance, may also be called a “bioinfiltration area”. 2 Attached site plan must match the site plan exhibit to Maintenance Agreement. Project Address and Cross Streets Westborough Blvd. & Oakmont Dr. Assessor’s Parcel No.: 091-151-040-2 Property Owner: Warmington Oakmont Associates LLC Phone No.:(925) 249-7946 Designated Contact: David Agee Phone No.: (925) 249-7946 Mailing Address: 2400 Camino Ramon Suite 234, San Ramon, CA 94583 Bioretention areas function as soil and plant- based filtration devices that remove pollutants through a variety of physical, biological, and chemical treatment processes. These facilities normally consist of a grass buffer strip, sand bed, ponding area, organic layer or mulch layer, planting soil, and plants. Bioretention Area Maintenance Plan Date of Inspection: Property Address: Westborough Blvd. & Oakmont Dr. Treatment Measure No.: Page 2 P:\2800 - 2899\2820-010\O&M\1st Submittal\O&M Forms\Exhibit D_G02_SMCWPPP_6.1_Bioret_Area_template.doc Table 1 Routine Maintenance Activities for Bioretention Areas 6 Check that mulch is at appropriate depth (3 inches per soil specifications) and replenish as necessary before wet season begins. Monthly 7 Inspect bioretention area using the attached inspection checklist. Monthly, or after large storm events, and after removal of accumulated debris or material II. Prohibitions The use of pesticides and quick release fertilizers shall be minimized, and the principles of integrated pest management (IPM) followed: 1. Employ non-chemical controls (biological, physical and cultural controls) before using chemicals to treat a pest problem. 2. Prune plants properly and at the appropriate time of year. 3. Provide adequate irrigation for landscape plants. Do not over water. 4. Limit fertilizer use unless soil testing indicates a deficiency. Slow-release or organic fertilizer is preferable. Check with municipality for specific requirements. 5. Pest control should avoid harming non-target organisms, or negatively affecting air and water quality and public health. Apply chemical controls only when monitoring indicates that preventative and non-chemical methods are not keeping pests below acceptable levels. When pesticides are required, apply the least toxic and the least persistent pesticide that will provide adequate pest control. Do not apply pesticides on a prescheduled basis. 6. Sweep up spilled fertilizer and pesticides. Do not wash away or bury such spills. 7. Do not over apply pesticide. Spray only where the infestation exists. Follow the manufacturer’s instructions for mixing and applying materials. 8. Only licensed, trained pesticide applicators shall apply pesticides. 9. Apply pesticides at the appropriate time to maximize their effectiveness and minimize the likelihood of discharging pesticides into runoff. With the exception of pre-emergent pesticides, avoid application if rain is expected. 10. Unwanted/unused pesticides shall be disposed as hazardous waste. Standing water shall not remain in the treatment measures for more than five days, to prevent mosquito generation. Should any mosquito issues arise, contact the San Mateo County Mosquito Abatement District (SMCMAD), as needed for assistance. Mosquito larvicides shall be applied only when absolutely necessary, as indicated by the SMCMAD, and then only by a licensed professional or contractor. Contact information for SMCMAD is provided below. III. Mosquito Abatement Contact Information San Mateo County Mosquito Abatement District 1351 Rollins Road Burlingame,CA 94010 PH:(650) 344-8592 FAX: (650) 344-3843 Email: info@smcmad.org Bioretention Area Maintenance Plan Date of Inspection: Property Address: Westborough Blvd. & Oakmont Dr. Treatment Measure No.: Page 2 P:\2800 - 2899\2820-010\O&M\1st Submittal\O&M Forms\Exhibit D_G02_SMCWPPP_6.1_Bioret_Area_template.doc IV. Inspections The attached Bioretention Area Inspection and Maintenance Checklist shall be used to conduct inspections monthly (or as needed), identify needed maintenance, and record maintenance that is conducted. Bioretention Area Maintenance Plan - Page 4 P:\2800 - 2899\2820-010\O&M\1st Submittal\O&M Forms\Exhibit D_G02_SMCWPPP_6.1_Bioret_Area_template.doc Bioretention Area Inspection and Maintenance Checklist Property Address: Westborough Blvd. & Oakmont Dr. Property Owner: Warmington Oakmont Associates LLC Treatment Measure No.: Date of Inspection: Type of Inspection: Monthly Pre-Wet Season After heavy runoff End of Wet Season Inspector(s): Other: Defect Conditions When Maintenance Is Needed Maintenance Needed? (Y/N) Comments (Describe maintenance completed and if needed maintenance was not conducted, note when it will be done) Results Expected When Maintenance Is Performed 1. Standing Water When water stands in the bioretention area between storms and does not drain within five days after rainfall. There should be no areas of standing water once inflow has ceased. Any of the following may apply: sediment or trash blockages removed, improved grade from head to foot of bioretention area, or added underdrains. 2. Trash and Debris Accumulation Trash and debris accumulated in the bioretention area. Trash and debris removed from bioretention area and disposed of properly. 3. Sediment Evidence of sedimentation in bioretention area. Material removed so that there is no clogging or blockage. Material is disposed of properly. 4. Erosion Channels have formed around inlets, there are areas of bare soil, and/or other evidence of erosion. Obstructions and sediment removed so that water flows freely and disperses over a wide area. Obstructions and sediment are disposed of properly. 5. Vegetation Vegetation is dead, diseased and/or overgrown. Vegetation is healthy and attractive in appearance. 6. Mulch Mulch is missing or patchy in appearance. Areas of bare earth are exposed, or mulch layer is less than 3 inches in depth. All bare earth is covered, except mulch is kept 6 inches away from trunks of trees and shrubs. Mulch is even in appearance, at a depth of 3 inches. 7. Miscellaneous Any condition not covered above that needs attention in order for the bioretention area to function as designed. Meet the design specifications. Exhibit E {Annual Report from Template} Oakmont Meadows Page 1 O&M Inspection Report Stormwater Treatment Measure Operation and Maintenance Inspection Report to the City of South San Francisco, California This report and attached Inspection and Maintenance Checklists document the inspection and maintenance conducted for the identified stormwater treatment measure(s) subject to the Maintenance Agreement between the City and the property owner during the annual reporting period indicated below. I. Property Information: Property Address or APN: 091-151-040-2 Property Owner: Warmington Oakmont Associates LLC II. Contact Information: Name of person to contact regarding this report: David Agee Phone number of contact person: (925) 249-7946 Email: David.Agee@WarmingtonGroup.com Address to which correspondence regarding this report should be directed: 2400 Camino Ramon Suite 234 San Ramon, CA, 94583 III. Reporting Period: This report, with the attached completed inspection checklists, documents the inspections and maintenance of the identified treatment measures during the time period from to . IV. Stormwater Treatment Measure Information: The following stormwater treatment measures (identified treatment measures) are located on the property identified above and are subject to the Maintenance Agreement: Identifying Number of Treatment Measure Type of Treatment Measure Location of Treatment Measure on the Property B1 BIORETENTION AREA PARCEL E B2 BIORETENTION AREA PARCEL C Oakmont Meadows Page 2 O&M Inspection Report V. Summary of Inspections and Maintenance: Summarize the following information using the attached Inspection and Maintenance Checklists: Identifying Number of Treatment Measure Date of Inspection Operation and Maintenance Activities Performed and Date(s) Conducted Additional Comments VI. Sediment Removal: Total amount of accumulated sediment removed from the stormwater treatment measure(s) during the reporting period: _________ cubic yards. How was sediment disposed?  landfill  other location on-site as described in and allowed by the maintenance plan  other, explain ___________________ VII. Inspector Information: Oakmont Meadows Page 3 O&M Inspection Report The inspections documented in the attached Inspection and Maintenance Checklists were conducted by the following inspector(s): Inspector Name and Title Inspector’s Employer and Address VIII. Certification: I hereby certify, under penalty of perjury, that the information presented in this report and attachments is true and complete: Signature of Property Owner or Other Responsible Party Date Type or Print Name Company Name Address Phone number: Email: Exhibit F {Annual Report Inspection Checklist Template} [[== Insert Agency Name ==]] Page 1 San Mateo Countywide Stormwater Pollution Prevention Program P:\2800 - 2899\2820-010\O&M\1st Submittal\O&M Forms\Exhibit F_Inspection and Maintenance checklist.doc Model O&M Agreement Guidance DRAFT Attachment C: Model Inspection & Maintenance Checklists [[== NOTE: ONLY THREE CHECKLISTS ARE INCLUDED IN THIS DRAFT. ADDITIONAL CHECKLISTS FOR OTHER TYPES OF TREATMENT MEASURES MAY BE PROVIDED IF THEY ARE DEVELOPED BY ACCWP OR THE FAIRFIELD-SUISUN SEWER DISTRICT ==]] [[== Insert Agency Name ==]] Page 2 San Mateo Countywide Stormwater Pollution Prevention Program P:\2800 - 2899\2820-010\O&M\1st Submittal\O&M Forms\Exhibit F_Inspection and Maintenance checklist.doc Inspection and Maintenance Checklist Vegetated Swale Property Address: Westborough Boulevard & Oakmont Drive Property Owner: Warmington Oakmont Associates LLC Treatment Measure No.: N/A Date of Inspection: Type of Inspection:  Pre-rainy season  Monthly  Quarterly  Annual Inspector(s): Defect Conditions When Maintenance Is Needed Maintenance Needed? (Y/N) Comments (Describe maintenance needed and if needed maintenance was not conducted, note when it will be done.) Results Expected When Maintenance Is Performed Sediment Accumulation on Vegetation Sediment depth exceeds 2 inches. Sediment deposits on vegetated treatment area of the swale removed. When finished, swale should be level from side to side and drain freely toward outlet. There should be no areas of standing water once inflow has ceased. Standing Water When water stands in the swale between storms and does not drain freely. There should be no areas of standing water once inflow has ceased. Any of the following may apply: sediment or trash blockages removed, improved grade from head to foot of swale, removed clogged check dams, added underdrains or converted to a wet swale. Flow spreader (if any) Flow spreader uneven or clogged so that flows are not uniformly distributed through entire swale width. Spreader leveled and cleaned so that flows are spread evenly over entire swale width. Constant Baseflow When small quantities of water continually flow through the swale, even when it has been dry for weeks, and an eroded, muddy channel has formed in the swale bottom. No eroded, muddy channel on the bottom. A low-flow pea-gravel drain may be added the length of the swale. Poor Vegetation Coverage When planted vegetation is sparse or bare or eroded patches occur in more than 10% of the swale bottom. Vegetation coverage in more than 90% of the swale bottom. Determine why growth of planted vegetation is poor and correct that condition. Re-plant with plugs of vegetation from the upper slope: plant in the swale bottom at 8-inch intervals, or re-seed into loosened, fertile soil. DRAFT Vegetated Swale Inspection Checklist Date: Property Address: Westborough Boulevard & Oakmont Drive Treatment Measure No.:N/A [[== Insert Agency Name ==]] Page 3 San Mateo Countywide Stormwater Pollution Prevention Program P:\2800 - 2899\2820-010\O&M\1st Submittal\O&M Forms\Exhibit F_Inspection and Maintenance checklist.doc Defect Conditions When Maintenance Is Needed Maintenance Needed? (Y/N) Comments (Describe maintenance needed and if needed maintenance was not conducted, note when it will be done.) Results Expected When Maintenance Is Performed Vegetation When the planted vegetation becomes excessively tall; when nuisance weeds and other vegetation start to take over. Vegetation mowed per specifications or maintenance plan, or nuisance vegetation removed so that flow is not impeded. Vegetation should never be mowed lower than the design flow depth. Remove clippings from the swale and dispose appropriately. Excessive Shading Growth of planted vegetation is poor because sunlight does not reach swale. Healthy growth of planted vegetation. If possible, trim back over-hanging limbs and remove brushy vegetation on adjacent slopes. Inlet/Outlet Inlet/outlet areas clogged with sediment and/or debris. Material removed so that there is no clogging or blockage in the inlet and outlet areas. Trash and Debris Accumulation Trash and debris accumulated in the swale. Trash and debris removed from swale. Erosion/ Scouring Eroded or scoured swale bottom due to flow channelization, or higher flows. No erosion or scouring in swale bottom. For ruts or bare areas less than 12 inches wide, repair the damaged area by filling with crushed gravel. If bare areas are large, generally greater than 12 inches wide, the swale should be re-graded and re-seeded. For smaller bare areas, overseed when bare spots are evident, or take plugs of grass from the upper slope and plant in the swale bottom at 8-inch intervals. City of South San Francisco Page 4 San Mateo Countywide Stormwater Pollution Prevention Program Inspection and Maintenance Checklist Detention Basin Property Address: Westborough Boulevard & Oakmont Drive Property Owner: Warmington Oakmont Associates LLC Treatment Measure No.: N/A Date of Inspection: Type of Inspection:  Pre-rainy season  Monthly  Quarterly  Annual Inspector(s): Defect Conditions When Maintenance Is Needed Maintenance Needed? (Y/N) Comments (Describe maintenance needed and if needed maintenance was not conducted, note when it will be done.) Results Expected When Maintenance Is Performed General Trash & Debris  Trash and debris accumulated in basin  Visual evidence of dumping Trash and debris cleared from site. Poisonous Vegetation and noxious weeds Poisonous or nuisance vegetation or noxious weeds, e.g., morning glory, English ivy, reed canary grass, Japanese knotweed, purple loosestrife, blackberry, Scotch broom, poison oak, stinging nettles, or devil’s club Use Integrated Pest Management techniques to control noxious weeds or invasive species. Contaminants and Pollution Any evidence of oil, gasoline, contaminants or other pollutants No contaminants or pollutants present. Rodent Holes If facility acts as a dam or berm, any evidence of rodent holes, or any evidence of water piping through dam or berm via rodent holes The design specifications are not compromised by holes. Any rodent control activities are in accordance with applicable laws and do not affect any protected species. DRAFT Detention Basin Inspection Checklist Date: Property Address: Westborough Boulevard & Oakmont Drive Treatment Measure No.:N/A [[== Insert Agency Name ==]] Page 5 San Mateo Countywide Stormwater Pollution Prevention Program P:\2800 - 2899\2820-010\O&M\1st Submittal\O&M Forms\Exhibit F_Inspection and Maintenance checklist.doc Defect Conditions When Maintenance Is Needed Maintenance Needed? (Y/N) Comments (Describe maintenance needed and if needed maintenance was not conducted, note when it will be done.) Results Expected When Maintenance Is Performed Insects Insects such as wasps and hornets interfere with maintenance activities. Insects do not interfere with maintenance activities. Tree/Brush Growth and Hazard Trees  Growth does not allow maintenance access or interferes with maintenance activity  Dead, diseased, or dying trees  Trees do not hinder maintenance activities.  Remove hazard trees as approved by the City. (Use a certified Arborist to determine health of tree or removal requirements) Side Slopes Erosion  Eroded over 2 in. deep where cause of damage is still present or where there is potential for continued erosion.  Any erosion on a compacted berm embankment. Cause of erosion is managed appropriately. Side slopes or berm are restored to design specifications, as needed. Storage Area Sediment Accumulated sediment >10% of designed basin depth or affects inletting or outletting condition of the facility. Sediment cleaned out to designed basin shape and depth; basin reseeded if necessary to control erosion. Liner (If Applicable) Liner is visible and has more than three 1/4-inch holes in it. Liner repaired or replaced. Liner is fully covered. Emergency Overflow/ Spillway and Berms Settlement Berm settlement 4 inches lower than the design elevation. Dike is built back to the design elevation. DRAFT Detention Basin Inspection Checklist Date: Property Address: Westborough Boulevard & Oakmont Drive Treatment Measure No.:N/A [[== Insert Agency Name ==]] Page 6 San Mateo Countywide Stormwater Pollution Prevention Program P:\2800 - 2899\2820-010\O&M\1st Submittal\O&M Forms\Exhibit F_Inspection and Maintenance checklist.doc Defect Conditions When Maintenance Is Needed Maintenance Needed? (Y/N) Comments (Describe maintenance needed and if needed maintenance was not conducted, note when it will be done.) Results Expected When Maintenance Is Performed Tree Growth Tree growth on berms or emergency spillway >4 ft in height or covering more than 10% of spillway.  Trees should be removed. If root system is small (base less than 4 inches) the root system may be left in place. Otherwise the roots should be removed and the berm restored.  A civil engineer should be consulted for proper berm/spillway restoration. Emergency Overflow/ Spillway Rock is missing and soil is exposed at top of spillway or outside slope. Rocks and pad depth are restored to design standards. Debris Barriers (e.g., Trash Racks) Trash and Debris Trash or debris is plugging openings in the barrier. Trash or debris is removed. Damaged/ Missing Bars Bars are missing, loose, bent out of shape, or deteriorating due to excessive erust. Bars are repaired or replaced to allow proper functioning of trash rack. Inlet/Outlet Pipe Debris barrier is missing or not attached to pipe Debris barrier is repaired or replaced to allow proper functioning of trash rack. Fencing and Gates Missing or broken parts Any defect in or damage to the fence or gate that permits easy entry to a facility. Fencing and gate are restored to design specifications Deteriorating Paint or Protective Coating Part or parts that have a rusting or scaling condition that has affected structural adequacy. Paint or protective coating is sufficient to protect structural adequacy of fence or gate. City of South San Francisco Page 7 San Mateo Countywide Stormwater Pollution Prevention Program Inspection and Maintenance Checklist Any Treatment Measure Property Address: Westborough Boulevard & Oakmont Drive Property Owner: Warmington Oakmont Associates LLC Treatment Measure No.: B1 & B2 Date of Inspection: Type of Inspection:  Pre-rainy season  Monthly  Quarterly  Annual Inspector(s): (Nonapplicable fields are shaded out.) Fill in percentages or depth numbers when possible. Facility Component Trash/ Debris Erosion/ Bank Failure/ Channel Formation Sediment Accumulation Vegetation Structural Deficiency (list) Ponding Water Pests Odors Visible Sheen, etc. Maintenance Action Taken Access Road/ Structure Inlet Facility Structure Sedimentation Facility Treatment Media Vegetation Outlet Orifice Bypass Overflow Fence, Signs, Valves, etc. Other Observations City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-874 Agenda Date:11/13/2019 Version:1 Item #:4. Report regarding a resolution accepting the increase of grant funds from the After School Education and Safety Grant by $19,194 for a total of $247,695 per year in Fiscal Years 2019-20 and 2020-21,and amending the Parks and Recreation Department and Library Department Fiscal Year 2019-20 and 2020-21 Operating Budgets pursuant to budget amendment #20-024.(Sharon Ranals, Parks and Recreation Director) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting the increase of grant funds from the After School Education and Safety Grant by $19,194 for a total of $247,695 per year in Fiscal Years 2019-20 and 2020-21,and amending the Parks and Recreation Department and Library Department Fiscal Year 2019-20 and 2020-21 Operating Budgets pursuant to budget amendment #20-024. BACKGROUND/DISCUSSION The After School Education and Safety Program (ASES)is a program under the California Department of Education,with the goal of supporting local efforts to improve assistance to students and broaden the base of support for education in a safe,constructive environment.The Parks and Recreation Department has been the recipient of ASES grant funding since Fiscal Year (FY)2006-07.Grant funds are overseen by staff in the Childcare Program and are directed to the R.E.A.L.(Recreation,Enrichment and Learning)After School Program located at Martin Elementary School and Los Cerritos Elementary School,as well as the Homework Club for Spruce Elementary School students at the Community Learning Center.The Homework Club is operated in collaboration with the Library Department. The purpose of the R.E.A.L.Program is to expand learning beyond the school day and complement,support, and enhance daily classroom instruction.The R.E.A.L.Program focuses on creating educational projects that make learning fun by offering students the opportunity to participate in a balance of individual activities,small and large group activities,indoor and outdoor activities,and quiet as well as active play.Programs at all of the grant-funded sites are currently filled to capacity at 55 students each. City Council previously approved Resolution 171-2018 accepting ASES grant funding over a three-year term, beginning July 1,2018 through June 30,2021,in the amount of $228,501 per year (total grant amount of $685,503).In the current Fiscal Year,ASES has increased its per student reimbursement rate to $8.88 per pupil. As a result, the City’s grant amount per year has increased from $228,501 to $247,695. FISCAL IMPACT The City’s ASES-funded programs have minimal impact to the General Fund.Any costs to the General Fund are absorbed by the Parks and Recreation Department and Library Department Operating Budgets,and include overhead costs for administrative oversight of the grant and grant-funded programs.The additional funding City of South San Francisco Printed on 11/14/2019Page 1 of 2 powered by Legistar™ File #:19-874 Agenda Date:11/13/2019 Version:1 Item #:4. overhead costs for administrative oversight of the grant and grant-funded programs.The additional funding will be used to improve the overall quality of the program. With the increase in the per pupil reimbursement rate,the Library’s portion of the grant will change from $79,976 to $86,693.The Parks and Recreation Department’s portion of the grant will change from $148,525 to $161,002.08. RELATIONSHIP TO STRATEGIC PLAN Acceptance of these grant funds will contribute to the City’s Strategic Plan under Priority #2 by helping to build a robust recreation program and strengthening learning programs. CONCLUSION Acceptance of this grant is crucial to sustaining the after school programs provided at Martin Elementary School,Los Cerritos Elementary School,and the Homework Club at the Community Learning Center.Staff recommends that the City Council adopt a resolution accepting the increase in After School Education and Safety Grant funding by $19,194 for a total of $247,695 per year in Fiscal Years 2019-20 and 2020-21,and amending the Parks and Recreation Department and Library Department Fiscal Year 2019-20 and 2020-21 Operating Budgets pursuant to budget amendment #20-024. City of South San Francisco Printed on 11/14/2019Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-875 Agenda Date:11/13/2019 Version:1 Item #:4a. Resolution accepting the increase of grant funds from the After School Education and Safety Grant by $19,194 for a total of $247,695 per year in Fiscal Years 2019-20 and 2020-21,and amending the Parks and Recreation Department and Library Department Fiscal Year 2019-20 and 2020-21 Operating Budget pursuant to budget amendment #20-024. WHEREAS,the After School Education and Safety Program (ASES)is a program under the California Department of Education,with the goal of supporting local efforts to improve assistance to students and broaden the base of support for education in a safe, constructive environment; and WHEREAS,the Parks and Recreation Department has been the recipient of ASES grant funding since Fiscal Year (FY) 2006-07; and WHEREAS,the ASES grant provides crucial funding to sustain the after school programs at Martin Elementary School,Los Cerritos Elementary School,and the Homework Club (for Spruce Elementary School)at the Community Learning Center; and WHEREAS,the Parks and Recreation Department and the Library Department collaborate on the Homework Club program offered at the Community Learning Center; and WHEREAS,City Council previously approved Resolution 171-2018 accepting grant funds from the After School Education and Safety Grant to be granted over a three-year term in the amount of $228,501 per year (total grant amount of $685,503); and WHEREAS,the ASES grant has increased its reimbursement rate to $8.88 per pupil,thereby increasing the grant amount for Fiscal Year 2019-20 and 2020-21 to $247,695.08 per year; and WHEREAS,receipt of the grant funds will be used to amend the Parks and Recreation Department’s Fiscal Year 2019-20 and 2020-21 Operating Budget pursuant to budget amendment number #20-024; and NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco hereby accepts the increase of grant funds from the After School Education and Safety Grant by $19,194 for a total of $247,695 per year in Fiscal Years 2019-20 and 2020-21,and amending the Parks and Recreation Department and Library Department Fiscal Year 2019-20 and 2020-21 Operating Budget pursuant to budget amendment City of South San Francisco Printed on 11/14/2019Page 1 of 2 powered by Legistar™ File #:19-875 Agenda Date:11/13/2019 Version:1 Item #:4a. #20-024. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to execute the documents necessary to accept the grant funding and take any other actions necessary to carry out the intent of this resolution on behalf of the City Council, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 11/14/2019Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-902 Agenda Date:11/13/2019 Version:1 Item #:5. Report regarding a resolution authorizing the acceptance of $25,000 in grant funding from the Woodlawn Foundation to support the Community Learning Center’s after-school homework program and approve Budget Amendment 20.022.(Valerie Sommer, Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution accepting grant funding in the amount of $25,000 from the Woodlawn Foundation to support Community Learning Center’s (CLC)after-school homework program, and approve Budget Amendment 20.022. BACKGROUND/DISCUSSION The Woodlawn Foundation has awarded $25,000 in grant funding to support CLC’s after-school homework program.CLC offers free after-school academic support for children attending school or living in South San Francisco.Many program children come from households where parents work multiple jobs and/or have language or literacy issues.The after-school program consists of the Homework Club for children in 3rd to 5th grade.The program aims to promote the successful completion of homework,a critical need identified by both teachers and parents.CLC meets with parents and hosts family education workshops focusing on math,reading, and healthy living to support learning at home.In addition to homework assistance,the program offers dynamic learning clubs featuring enrichment activities such as Reader’s Theater and Mileage Club.Science, Technology, Engineering, Art, and Math (STEAM) activities are also provided throughout the school year. FISCAL IMPACT Grant funds will be used to amend the Library Department’s current Fiscal Year 2019-2020 Operating Budget per Budget Amendment 20.022.Funds not expended in fiscal year 2019-2020 will be carried over into Fiscal Year 2020-2021. Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this grant will contribute to the City’s Strategic Plan under Priority #2:Improved Quality of Life, by strengthening CLC’s after-school homework support and learning programs for South San Francisco students. CONCLUSION Receipt of these funds will support the Community Learning Center’s after-school homework program for children attending school or living in South San Francisco.It is recommended that the City Council accept $25,000 in grant funding and amend the Library Department’s FY19-20 Operating Budget per Budget Amendment 20.022. City of South San Francisco Printed on 11/14/2019Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-903 Agenda Date:11/13/2019 Version:1 Item #:5a. Resolution authorizing the acceptance of $25,000 in grant funding from the Woodlawn Foundation to support the Community Learning Center’s after-school homework program and approve Budget Amendment 20.022. WHEREAS,the City of South San Francisco (“City”)Library Department established the Community Learning Center to assist adults and their families in reaching educational goals; and WHEREAS,the Woodlawn Foundation awarded a grant to the City in the amount of $25,000 to fund after- school homework programs at the Community Learning Center; and WHEREAS,the homework programs promote the successful completion of homework,host family education workshops, and provide art, music, science, technology, engineering and math activities; and WHEREAS,staff recommends the acceptance of grant funding in the amount of $25,000 from the Woodlawn Foundation to support the Community Learning Center after-school homework programs; and WHEREAS,the foregoing grant funds will be used to amend this year’s operating budget of the Library Department through Budget Amendment 20.022. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $25,000 in grant funding from the Woodlawn Foundation and approves Budget Amendment 20.022. ***** City of South San Francisco Printed on 11/14/2019Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-887 Agenda Date:11/13/2019 Version:1 Item #:6. Report regarding an Ordinance repealing and replacing Chapters 15.06,15.08,15.10,15.12,15.14,15.16,15.20, 15.22,15.24,15.26,15.32,15.34 and 15.36 of the South San Francisco Municipal Code pertaining to building regulations in their entirety,and adopting by reference and amending the 2019 Editions of the California Administrative,Building,Residential,Electrical,Mechanical,Plumbing,Energy,Historical Building,Fire,Green Building Standards,Existing Building,Referenced Standards Codes,and the International Property Maintenance Code. (Second Reading) (Phillip Perry, Building Official) RECOMMENDATION It is recommended that the City Council waive reading and adopt an ordinance repealing and replacing Chapters 15.06,15.08,15.10,15.12,15,14 15.16,15.20,15.22,15.24,15.26,15.32,15.34 and 15.36 of the South San Francisco Municipal Code.Adding Chapters 15.06,15.08,15.10,15.12,15.14,15.16,15.20,15.22,15.24, 15.26,15.32,15.34,15.36,and Adopting by Reference and Amending the 2019 Editions of the California Administrative,Building,Residential with Appendix K,Electrical,Mechanical,Plumbing,Energy,Historical Building,Fire with Appendices BB,C,and D,Existing Building,Green Building Standards,and Referenced Standards Codes,2019 Editions,respectively,and adopting by reference the International Property Maintenance Code. BACKGROUND/DISCUSSION The City Council previously waived reading and introduced the following ordinance. ORDINANCE REPEALING AND REPLACING CHAPTERS 15.06,15.08,15.10,15.12,15,14 15.16,15.20, 15.22,15.24,15.26,15.32,15.34 AND 15.36 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE. ADDING CHAPTERS 15.06,15.08,15.10,15.12,15.14,15.16,15.20,15.22,15.24,15.26,15.32,15.34, 15.36,AND ADOPTING BY REFERENCE AND AMENDING THE 2019 EDITIONS OF THE CALIFORNIA ADMINISTRATIVE,BUILDING,RESIDENTIAL WITH APPENDIX K,ELECTRICAL, MECHANICAL,PLUMBING,ENERGY,HISTORICAL BUILDING,FIRE WITH APPENDICES BB,C, AND D,EXISTING BUILDING,GREEN BUILDING STANDARDS,AND REFERENCED STANDARDS CODES,2019 EDITIONS,RESPECTIVELY,AND ADOPTING BY REFERENCE THE INTERNATIONAL PROPERTY MAINTENANCE CODE. (Introduced on 10/09/19; Vote 5-0) Staff has noted in the ordinance that the effective date will be January 1, 2020. The ordinance is now ready for adoption. City of South San Francisco Printed on 1/14/2020Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-888 Agenda Date:11/13/2019 Version:1 Item #:6a. An ordinance repealing and replacing Chapters 15.06 (California Administrative Code),15.08 (California Building Code),15.10 (Uniform Housing Code),15.12 (California Plumbing Code),15.14 (California Residential Code),15.16 (California Mechanical Code),15.20 (California Electrical Code),15.22 (California Green Building Standards Code),15.24 (California Fire Code),15.26 (California Energy Code),15.32 (California Historical Building Code),15.34 (California Existing Building Code),and 15.36 (California Referenced Standards Code)of the South San Francisco Municipal Code in order to adopt by reference and amend provisions of the 2019 Edition of the California Building Standards Code,California Code of Regulations, Title 24, parts 1, 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12 WHEREAS,the 2019 California Building Standards Code has been amended and adopted by the California Building Standards Commission; and WHEREAS,the City of South San Francisco (“City”)wishes to adopt building and fire code regulations in accordance with law and to use the most updated regulations in the processing of development and fire protection within the City; and WHEREAS,Government Code §50022.2 authorizes cities to enact ordinances adopting any code by reference; and WHEREAS,notice of the Ordinance was published in accordance with Government Code Sections 50022.3 and 6066;and that such notice was sufficient to give notice to interested persons of the purpose of the ordinance and the subject matter thereof; and WHEREAS,because of the City’s unique climatic,geologic,and topographic conditions,the City desires to make amendments and additions to the building and fire code regulations, as set forth herein; and WHEREAS,pursuant to California Health and Safety Code sections 18941.5 and 17958,the City Council of the City of South San Francisco hereby finds that the amendments adopted herein are reasonably necessary because of local climatic, geologic and topographic conditions; and WHEREAS,in accordance with Health and Safety Code Section 17958.7,the City Council hereby finds that the findings attached and incorporated as Exhibit A are applicable to the modifications described in this Ordinance; and WHEREAS,prior to the effective date of this Ordinance,the City Clerk shall file a copy of the Ordinance, including the findings, with the California Building Standards Commission. NOW THEREFORE,the City Council of the City of South San Francisco does hereby ordain as follows: SECTION 1 Repeal City of South San Francisco Printed on 12/6/2019Page 1 of 14 powered by Legistar™ File #:19-888 Agenda Date:11/13/2019 Version:1 Item #:6a. Chapters 15.06,15.08,15.10,15.12,15.14,15.16,15.20,15.24,15.26,15.32,15.34 and 15.36 of the South San Francisco Municipal Code are hereby repealed in their entirety.This repeal shall not affect or prevent the prosecution or punishment of any person for any act done or omitted in violation of this chapter prior to the effective date of this ordinance. SECTION 2 Findings The City Council of the City of South San Francisco finds that in order to best protect the health,safety and welfare of the citizens of the City of South San Francisco,the standards of building within the City must conform to state law except where local climatic,geological,and topographic conditions warrant more restrictive regulations.Therefore,the City Council should adopt the current state building codes,contained in the 2019 California Building Standards Code,and other codes governing the construction and regulation of buildings, structures and fire protection, with the modifications, additions and amendments contained herein. Pursuant to California Health and Safety Code Section 17958.7,the City Council makes the factual findings set forth in “Exhibit A”attached hereto and incorporated herein by reference,and finds that the amendments made in this ordinance to the 2019 California Building Standards Code,codified in the California Code of Regulations,Title 24,Parts 1,2,2.5,3,4,5,6,8,9,10,11,and 12,are reasonably necessary because of the local climatic, geological or topographical conditions described in Exhibit A. SECTION 3 Adoption of the California Building Standards Code SECTION 3.A Adopt Chapter 15.06 - California Administrative Code Chapter 15.06 of the South San Francisco Municipal Code,entitled “California Administrative Code”is hereby added to read as follows: Section 15.06.010 California Administrative Code, 2019 Edition, adopted by reference. The California Administrative Code,2019 Edition,published by the International Code Council,is hereby adopted by reference as the California Administrative Code for building codes of the City of South San Francisco, and may be cited as such. SECTION 3.B Adopt Chapter 15.08 - California Building Code Chapter 15.08 of the South San Francisco Municipal Code,entitled “California Building Code”is hereby added to read as follows: Section 15.08.010 California Building Code Vols. 1 and 2, adopted by reference Section 15.08.020 Amendments, General. Section 15.08.030 Concrete Slab Design. Section 15.08.040 Moved Buildings and Temporary Structures. Section 15.08.050 Spark Arresters. Section 15.08.010 California Building Code Vols. 1 and 2, adopted by reference The California Building Code Volumes 1 and 2,2019 Edition,published by the International Code Council,and City of South San Francisco Printed on 12/6/2019Page 2 of 14 powered by Legistar™ File #:19-888 Agenda Date:11/13/2019 Version:1 Item #:6a. The California Building Code Volumes 1 and 2,2019 Edition,published by the International Code Council,and as modified by the amendments,additions and deletions set forth hereinafter,is hereby adopted by reference as the California Building Code of the City of South San Francisco, and may be cited as such. Section 15.08.020 Amendments, General. Set forth below are the amendments,additions and deletions to the 2019 California Building Code,Volume 1 and 2. Chapter, section and table numbers used herein are those of the California Building Code. Section 15.08.030 Concrete Slab Design. Section 1907.1.2 Slab on Grade is added to read as follows: New concrete slabs supported directly on the ground within the foundation perimeter and used as a finished floor, or as a base for other floor finishes shall meet the following requirements: 1.Steel reinforcement equivalent to no.3 deformed steel bars at 18 inches on center each way placed approximately mid-depth within the concrete slab.Blocks or chairs shall be provided in order to maintain the reinforcement in the center of the slab. Section 15.08.040 Moved Buildings and Temporary Structures. Section 3410.2 Moved Buildings is added to read as follows: Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures.In addition to all other requirements of the building code relative to the moving of buildings and structures,no permit for the moving of a building or structure shall be granted until the applicant has filed with the Chief Building Official the following items: 1.A performance bond in favor of the city,of not less than one thousand dollars ($1,000.00)nor more than one hundred thousand dollars ($100,000.00),as the Chief Building Official may determine,shall be conditioned to require the applicant to strictly comply with all conditions and provisions of this chapter,and of any provision of the municipal code relating to the moving of buildings or structures,and of any order,rule or regulation which may be hereafter passed or adopted by the City Council.The applicant also shall be required to pay any and all damages to any fence,hedge,tree,pavement,sidewalk,street,curb,gas,sewer or water pipe, electric wire or pole supporting the same,or to any public or private property which may result from moving the building or structure; and 2.An undertaking to indemnify,defend and hold harmless the city and its elective officers,agents and employees against all liabilities,claims,actions,judgments,cost or any expense which may for any reason arise out of the issuance of said permit or moving of such buildings or structures. All removals made under any permit granted for such moving shall be done over and along only the street or streets designated in such permit,and at the times therein specified,and shall be done in a careful manner to the satisfaction of the Chief Building Official, and the Public Works Director/City Engineer. No person owning or having charge of the removal of any building or structure being moved over any street, shall permit such building or structure to be,or stand,on any street within the limits of any one block for a City of South San Francisco Printed on 12/6/2019Page 3 of 14 powered by Legistar™ File #:19-888 Agenda Date:11/13/2019 Version:1 Item #:6a. shall permit such building or structure to be,or stand,on any street within the limits of any one block for a period of more than twenty-four (24) hours. No person owning or having charge of the removal of any building or structure being moved over any street, shall allow or cause injury to any fence,hedge,tree,pavement,street,sidewalk,curb,gas pipe,water pipe, sewer pipe,electric wire or pole supporting same,or any other public or private property by reason of such removal. Temporary structures such as reviewing stands and other miscellaneous structures,sheds, construction trailers,canopies or fences used for the protection of the public and/or in conjunction with construction work may be erected by special permit from the Chief Building Official for a limited period of time.Such buildings or structures need not comply with the type of construction or fire- resistive time periods required by this code.Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit. Section 15.08.050 Spark Arresters. Section 1510.7 Spark Arresters Required is added to read as follows: Chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrester.The net free area of the spark arrester shall not be less than four times the net free area of the outlet of the chimney.The spark arrester screen shall be heat and corrosion resistant equivalent to 12 gage wire,19-gage galvanized or 24-gage stainless steel.Openings shall not permit the passage of spheres having a diameter larger than ½ inch and shall not block the passage of spheres having a diameter of less than 3/8 inch. SECTION 3.C Adopt Chapter 15.10 - International Property Maintenance Code. Chapter 15.10 of the South San Francisco Municipal Code,entitled “International Property Maintenance Code” is hereby added to read as follows: Section 15.10.010 International Property Maintenance Code, 2018 Edition, adopted by reference. Section 15.10.020 Amendments, General. Section 15.10.030 Authority. Section 15.10.040 Violations. Section 15.10.050 Penalties. Section 15.10.010 International Property Maintenance Code, adopted by reference. The International Property Maintenance Code,2018 Edition,and published by the International Code Council is hereby adopted by reference as the International Property Maintenance Code of the City of South San Francisco, and may be cited as such. Section 15.10.020 Amendments, General. Set forth below are the additions accompanying the adoption of International Property Maintenance Code,2019 Edition. Chapter, to the South San Francisco Municipal Code. City of South San Francisco Printed on 12/6/2019Page 4 of 14 powered by Legistar™ File #:19-888 Agenda Date:11/13/2019 Version:1 Item #:6a. Section 15.10.030 Authority. The Building Official and the Fire Chief,or the designee of the City Manager are hereby authorized and directed to enforce all provisions of this code.For such purposes the Building Official shall have the powers of a law enforcement officer. In conflicts of interpretation on technical issues the Building Official shall govern. Section 15.10.040 Violations. It shall be unlawful for any person,firm or corporation to erect,construct,enlarge,alter,repair,move,improve, remove,convert or demolish,equip,use,occupy or maintain any building,structure or service equipment or cause or permit the same to be done in violation of provisions of this code.Each day during any portion of which any violation is committed or continued by any person,firm or corporation shall constitute a separate offense and shall be punishable as herein provided. Section 15.10.050 Penalties. Any person,firm or corporation who shall violate a provision of this code,or fail to comply therewith,or with any of the requirements thereof, shall be prosecuted within the limits provided by stated or local laws. SECTION 3.D Adopt Chapter 15.12 - California Plumbing Code Chapter 15.12 of the South San Francisco Municipal Code,entitled “California Plumbing Code”is hereby added to read as follows: Section 15.12.010 California Plumbing Code, 2019 Edition, adopted by reference. The California Plumbing Code,2019 Edition,and Appendix I,published by the International Association of Plumbing and Mechanical Officials,is hereby adopted by reference as the California Plumbing Code of the City of South San Francisco, and may be cited as such. SECTION 3.E Adopt Chapter 15.14 - California Residential Code Chapter 15.14 of the South San Francisco Municipal Code,entitled “California Residential Code”is hereby added to read as follows: Section 15.14.010 California Residential Code,2019 Edition,adopted by reference. Section 15.14.020 Amendments, General. Section 15.14.030 Concrete Slab Design Section 15.14.040 Moved Buildings and Temporary Structures Section 15.14.050 Spark Arresters Section 15.14.060 Evacuation and Grading Section 15.14.070 Work Hours Section 15.14.080 Amendments to Appendix K City of South San Francisco Printed on 12/6/2019Page 5 of 14 powered by Legistar™ File #:19-888 Agenda Date:11/13/2019 Version:1 Item #:6a. Section 15.14.010 California Residential Code Part 2.5, 2019 Edition, adopted by reference. The California Residential Code Part 2.5,2019 Edition,and appendices E,J,and K,published by the International Code Council,and as modified by the amendments,additions and deletions set forth hereinafter,is hereby adopted by reference as the California Residential Code of the City of South San Francisco,and may be cited as such. Section 15.14.020 Amendments, General Set forth below are the amendments,additions and deletions to the 2019 California Residential Code,Part 2.5, 2019 Edition. Chapter, section and table numbers used herein are those of the California Residential Code. Section 15.14.030 Concrete Slab Design Section R506.3 Slab on Grade in Conditioned Areas is added to read as follows: New concrete slabs supported directly on the ground and used as a finished floor or as a base for other floor finishes in conditioned rooms shall meet the following requirements: 1.Steel reinforcement equivalent to no.3 deformed steel bars at 18 inches on center each way placed approximately mid-depth within the concrete slab.Blocks or chairs shall be provided in order to maintain the reinforcement in the center of the slab. Section 15.14.040 Moved Buildings and Temporary Structures Section 1.8.10.3 Moved Structures is added to read as follows: Buildings or structures moved into or within the jurisdiction shall comply with the provisions of this code for new buildings or structures.In addition to all other requirements of the building code relative to the moving of buildings and structures,no permit for the moving of a building or structure shall be granted until the applicant has filed with the Chief Building Official: 1.A performance bond in favor of the city,of not less than one thousand dollars ($1,000.00)nor more than one hundred thousand dollars ($100,000.00),as the Chief Building Official may determine,shall be conditioned to require the applicant to strictly comply with all conditions and provisions of this chapter,and of any provision of the municipal code relating to the moving of buildings or structures,and of any order,rule or regulation which may be hereafter passed or adopted by the City Council.The applicant also shall be required to pay any and all damages to any fence,hedge,tree,pavement,sidewalk,street,curb,gas,sewer or water pipe, electric wire or pole supporting the same,or to any public or private property which may result from moving the building or structure. 2.An undertaking to indemnify,defend and hold harmless the city and its elective officers,agents and employees against all liabilities,claims,actions,judgments,cost or any expense which may for any reason arise out of the issuance of said permit or moving of such buildings or structures. All removals made under any permit granted for such moving shall be done over and along only the street or streets designated in such permit,and at the times therein specified,and shall be done in a careful manner to the City of South San Francisco Printed on 12/6/2019Page 6 of 14 powered by Legistar™ File #:19-888 Agenda Date:11/13/2019 Version:1 Item #:6a. satisfaction of the Chief Building Official, Superintendent of Public Works and the City Engineer. No person owning or having charge of the removal of any building or structure being moved over any street, shall permit such building or structure to be,or stand,on any street within the limits of any one block for a period of more than twenty-four (24) hours. No person owning or having charge of the removal of any building or structure being moved over any street, shall allow or cause injury to any fence,hedge,tree,pavement,street,sidewalk,curb,gas pipe,water pipe, sewer pipe,electric wire or pole supporting same,or any other public or private property by reason of such removal. Section 15.14.050 Spark Arresters Section R907.7 Spark Arresters Required is added to read as follows: Upon completion of a reroofing project,an approved spark arrestor meeting the criteria as set forth in section R1003.9.2 shall be installed on any chimney attached to an appliance or fireplace that burns solid fuel. Section 15.14.060 Excavation and Grading See the California Building Code, Volume 2, 2019 Edition. Section 15.14.070 Work Hours Section 1.8.10.4 Work Hours is added to read as follows: No construction,delivery,servicing or operation of tool and equipment,shall be conducted on weekdays between the hours of 7:00 p.m.and 7:00 a.m.,on Saturdays between the hours of 8:00 p.m.and 9:00 a.m.,and on Sundays and holidays between the hours of 6:00 p.m. and 10 a.m. Section 15.14.080 Amendments to Appendix K Section AK102.1 is amended to read as follows: Section AK102 Air-Borne Sound. Section AK102.1 General: Amended Walls,partitions and floor-ceiling assemblies separating dwelling units from each other or from public or service areas shall have a sound transmission class (STC)of not less than 50 (45 if field tested)for air- borne noise when tested in accordance with ASTM E 90.Penetrations or openings in construction assemblies for piping,electrical devices,recessed cabinets,bathtubs,soffits,or heating,ventilating or exhaust ducts shall be sealed,lined,insulated or otherwise treated to maintain the required ratings.This requirement shall not apply to dwelling unit entrance doors;however,such doors shall be tight fitting to the frame and sill. Section AK103.1 is amended to read as follows: City of South San Francisco Printed on 12/6/2019Page 7 of 14 powered by Legistar™ File #:19-888 Agenda Date:11/13/2019 Version:1 Item #:6a. Section AK103 Structural-Borne Sound. Section AK103.1 General: Amended. Floor-ceiling assemblies between dwelling units or between a dwelling unit and a public or service area within the structure shall have an impact insulation class (IIC)rating of not less than 50 (45 if field tested) when tested in accordance with ASTM E 492. SECTION 3.F Adopt Chapter 15.16 - California Mechanical Code Chapter 15.16 of the South San Francisco Municipal Code,entitled “California Mechanical Code”is hereby added to read as follows: Section 15.16.010 California Mechanical Code, 2019 Edition, adopted by reference. The California Mechanical Code,2019 Edition,published by the International Association of Plumbing and Mechanical Officials,is hereby adopted by reference as the California Mechanical Code of the City of South San Francisco, and may be cited as such. SECTION 3.G Adopt Chapter 15.20 - California Electrical Code Chapter 15.20 of the South San Francisco Municipal Code,entitled “California Electrical Code”is hereby added to read as follows: Section 15.20.010 California Electrical Code, 2019 Edition, adopted by reference. The California Electrical Code,2019 Edition,published by the National Fire Protection Association,is hereby adopted by reference as the California Electrical Code of the City of South San Francisco,and may be cited as such. SECTION 3.H Adopt Chapter 15.22 - California Green Building Code Chapter 15.22 of the South San Francisco Municipal Code,entitled “California Green Building Code”is hereby added to read as follows: Section 15.22.010 California Green Building Code, 2019 Edition, adopted by reference. The California Green Building Standards Code,2019 Edition,published by the California Building Standards Commission,is hereby adopted by reference as the California Green Building Standards Code 2019 Edition of the City of South San Francisco, and may be cited as such. SECTION 3.I Adopt Chapter 15.24 - California Fire Code Chapter 15.24 of the South San Francisco Municipal Code,entitled “California Fire Code”is hereby added to read as follows City of South San Francisco Printed on 12/6/2019Page 8 of 14 powered by Legistar™ File #:19-888 Agenda Date:11/13/2019 Version:1 Item #:6a. Section 15.24.010 California Fire Code, 2019 Edition, adopted by reference. Section 15.24.020 Amendments, General. Section 15.24.030 Operational Permits. Section 15.24.040 Administrative Amendments Section 15.24.010 California Fire Code, 2019 edition, adopted by reference. The California Fire Code 2019 Edition,published by the California Building Standards Commission,as modified by the amendments,additions and deletions set forth hereinafter,is hereby adopted by reference as the California Fire Code 2019 Edition of the City of South San Francisco, and may be cited as such. Section 15.24.020 Amendments, General. Set forth below are the amendments,additions,and deletions to the California Fire Code with Appendices B,C, D, H, and I, 2019 Edition. California Fire Code Section 903.2 is hereby amended to read: 903.2 Where required.Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive. For the purposes of this section,firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations. 1.In other than residential buildings which require the installation of fire sprinkler for all new buildings according to the California Building Code,an automatic sprinkler system shall be provided throughout all new buildings and structures greater than 1,000 square feet of building area. 2. Group S-2 or U occupancies used exclusively for vehicle parking and which meet all of the following: a. Noncombustible construction. b. Maximum building area not to exceed 5,000 square feet. c. Structure is open on three (3) or more sides. d.Minimum of 10 feet separation from existing buildings unless area is separated by fire walls complying with California Building Code 706. 3.An automatic sprinkler system shall be provided throughout existing Group A,B,E,F,L,M,S and U buildings and structures,when additions are made that increase the building area to more than 3,600 square feet or that create conditions described in Sections 903.2.1 through 903.2.18. 4.An automatic sprinkler system shall be provided throughout existing Group R-3 occupancies when additions that create an increase in habitable space to more than 3,200 square feet.For purposes of floor area City of South San Francisco Printed on 12/6/2019Page 9 of 14 powered by Legistar™ File #:19-888 Agenda Date:11/13/2019 Version:1 Item #:6a. that create an increase in habitable space to more than 3,200 square feet.For purposes of floor area calculations,Group U (attached private garages or similar)occupancies shall not be included in the floor area calculation. 5.Any change in the character of occupancy or in use of any building with a building area equal to or greater than 3,600 square feet which,in the opinion of the fire code official or building official,would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety1 or increased fire risk2,shall require the installation of an approved fire automatic fire sprinkler system. 1 Life Safety -Increased occupant load,public assembly areas,public meeting areas,churches,indoor amusement attractions,buildings with complex exiting systems due to increased occupant loads,large schools/day-care facilities, large residential care facilities with non-ambulatory 2.Fire Risks -High-piled combustible storage,woodworking operations,hazardous operations using hazardous materials,increased fuel loads (storage of moderate to highly combustible materials),increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flames). California Fire Code Section 508.1 is hereby amended to read: 508.1 General.When required by other sections of this code and in all buildings four or more stories in height and all buildings classified as high-rise buildings by the California Building Code and Group I-2 occupancies having occupied floors located more than 75 feet (22,860mm)above the lowest level of fire department vehicle access,a fire command center for fire department operations shall be provided and shall comply with Sections 508.1.1 through 508.1.7. Exception: 1.Buildings of four or more stories in height,but not classified as a high-rise by the California Building Code, the fire command center shall be a minimum of 96 square feet with a minimum dimension of eight feet. 2.Buildings with eight or fewer units,the fire command center shall be a minimum 48 square feet with a minimum dimension of six feet. California Fire Code Section 508.1.1 is hereby amended to read: 508.1.1 Location and access.The location and accessibility of the fire command center shall be approved by the fire code official.The fire command center shall be located adjacent to an approved fire apparatus access road and be accessible directly from the exterior of the building. California Fire Code Section 510.4.2 is hereby amended to read: 510.4.2 System Design.The design of the public safety radio coverage system shall be in accordance with NFPA 72, 1221, San Mateo County ERRC policy, and Sections 510.4.2.1 through 510.4.2.8. California Fire Code Section 510.5 is hereby amended to read: 510.5 Installation requirements.The installation of the public safety radio coverage system shall be in City of South San Francisco Printed on 12/6/2019Page 10 of 14 powered by Legistar™ File #:19-888 Agenda Date:11/13/2019 Version:1 Item #:6a. accordance with NFPA 72, 1221, San Mateo County ERRC policy, and Sections 510.5.1 through 510.5.4. Section 15.24.030 Operational permits. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.52 as follows: 105.6.52 Child-Care Center.An operational permit is required to operate a child-care center as defined in Chapter 2. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.53 as follows: 105.6.53 Emergency Responder Radio Coverage System.An operational permit is required to maintain an emergency responder radio coverage system in accordance with Section 510. California Fire Code Section 106 is hereby amended by adding Section 105.6.54 as follows: 105.6.54 Hospitals and Psychiatric Hospitals.An operational permit is required to operate a hospital or psychiatric hospital as defined in Chapter 2. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.55 as follows: 105.6.55 Large Family Home Day Care.An operational permit is required to operate a Large Family Day Care as defined in Chapter 2. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.56 as follows: 105.6.56 Residential Care Facility for the Elderly.An operational permit is required to operate a residential care facility for the elderly having seven (7) or more residents as defined in Chapter 2. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.57 as follows: 105.6.57 Outdoor Assembly Event.A temporary operational permit is required to operate an outdoor assembly event. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.58 as follows: 105.6.58 Holiday Tree Sales Lot.A temporary operational permit is required to operate a holiday tree lot for the seasonal sales of natural cut trees. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.59 as follows: 105.6.59 Permit-Required Confined Space.An operational permit is required to operate a facility that contains permit-required confined spaces. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.60 as follows: 105.6.60 Fire Alarm System.An operational permit is required to operate a manually,or automatically actuated City of South San Francisco Printed on 12/6/2019Page 11 of 14 powered by Legistar™ File #:19-888 Agenda Date:11/13/2019 Version:1 Item #:6a. 105.6.60 Fire Alarm System.An operational permit is required to operate a manually,or automatically actuated fire alarm in any building. Exception: one and two-family dwellings. California Fire Code Section 105.6 is hereby amended by adding Section 105.6.61 as follows: 105.6.61 Tar Kettle.A temporary operational permit is required to operate a portable tar kettle used to heat tar during roof surfacing, sealing, and or repair California Fire Code Section 105.6 is hereby amended by adding Section 105.6.62 as follows: Section 105.6.62 Radioactive Materials.An operational permit is required to store or handle at any installation more than one micro curie (37,000 Becquerel)of radioactive material not contained in a sealed source or more than one mill curie (37,000,000 Becquerel) of radioactive material in a sealed source. California Fire Code Section 105 is hereby amended by adding Section 105.6.63 as follows: 105.6.63 Stationary Fuel Cell Power Systems and Electrical Energy Storage Systems.An operational permit is required for stationary fuel cell power systems and electrical energy storage systems regulated in Sections 1205 and 1206. Section 15.24.040 Administrative Amendments Chapter 1, Division II, Section 103.2 Appointment is hereby amended to read as follows: Section 103.2 Appointment.The fire code official shall be appointed by the chief appointing authority of the jurisdiction. SECTION 3.J Adopt Chapter 15.26 - California Energy Code Chapter 15.26 of the South San Francisco Municipal Code,entitled “California Energy Code”is hereby added to read as follows: Section 15.26.010 California Energy Code, 2019 Edition, adopted by reference. The California Energy Code 2019 Edition,published by the International Code Council,as modified by the amendments,additions and deletions set forth hereinafter,is hereby adopted by reference as the California Energy Code 2019 Edition of the City of South San Francisco, and may be cited as such. SECTION 3.K Adopt Chapter 15.32 - California Historical Code Chapter 15.32 of the South San Francisco Municipal Code,entitled “California Historical Code”is hereby added to read as follows: Section 15.32.010 California Historical Code, 2019 Edition, adopted by reference. The California Historical Code,2019 Edition,as adopted by the California Building Standards Commission, and published by the International Code Council,is hereby adopted by reference as the California Historical Code, of the City of South San Francisco, and may be cited as such. City of South San Francisco Printed on 12/6/2019Page 12 of 14 powered by Legistar™ File #:19-888 Agenda Date:11/13/2019 Version:1 Item #:6a. SECTION 3.L Adopt Chapter 15.34 - California Existing Building Code Chapter 15.34 of the South San Francisco Municipal Code,entitled “California Existing Building Code”is hereby added to read as follows: Section 15.34.010 California Existing Building Code, 2019 Edition, adopted by reference. The California Existing Code,2019 Edition,as adopted by the California Building Standards Commission,and published by the International Code Council,is hereby adopted by reference as the California Historical Code, of the City of South San Francisco, and may be cited as such. SECTION 3.M Adopt Chapter 15.36 - California Reference Standards Chapter 15.36 of the South San Francisco Municipal Code,entitled “California Reference Standards Code”is hereby added to read as follows: Section 15.36.010 California Reference Standards, 2019 Edition, adopted by reference. The California Referenced Standards Code,2019 Edition,as adopted by the California Building Standards Commission,and published by the International Code Council,is hereby adopted by reference as the California Referenced Standards Code of the City of South San Francisco, and may be cited as such. SECTION 4 Severability In the event any section or portion of this ordinance shall be determined invalid or unconstitutional,such section or portion shall be deemed severable and all other sections or portions hereof shall remain in full force and effect. SECTION 5 California Environmental Quality Act The City Council finds that adoption of this ordinance is exempt from the California Environmental Quality Act (Public Resources Code §§21000 et seq.,“CEQA,”and 14 Cal.Code Reg.§§15000 et seq., “CEQA Guidelines”)under the general rule that CEQA applies only to projects that have the potential for causing a significant effect on the environment,and in this case it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment (CEQA Guidelines § 15061(b)(3)). SECTION 6 Publication and Effective Date This Ordinance shall take effect on January 1,2020.Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared by the City Attorney.At least five (5)days prior to the Council meeting at which this Ordinance is scheduled to be adopted,the City Clerk shall:(1)publish the summary,and (2)post in the City Clerk's office a certified copy of this Ordinance.Within fifteen (15)days after the adoption of this ordinance,the City Clerk shall:(1)publish the summary,and (2)post in the City City of South San Francisco Printed on 12/6/2019Page 13 of 14 powered by Legistar™ File #:19-888 Agenda Date:11/13/2019 Version:1 Item #:6a. after the adoption of this ordinance,the City Clerk shall:(1)publish the summary,and (2)post in the City Clerk's office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. City of South San Francisco Printed on 12/6/2019Page 14 of 14 powered by Legistar™ 1 Exhibit A FINDINGS OF FACT AND NEED FOR CHANGES OR MODIFICATIONS TO THE CALIFORNIA BUILDING STANDARDS CODE, CALIFORNIA CODE OF REGULATIONS, TITLE 24, PARTS 1, 2, 2.5, 3, 4, 5, 6 AND 11, 2019 EDITIONS CHANGES OR MODIFICATIONS: Pursuant to Section 17958 of the State of California Health and Safety Code, the governing body of the City of South San Francisco in its ordinance adopting and amending the 2019 Editions of the California Administrative Code; California Building Code; California Residential Building Code; California Electrical Code; California Mechanical Code; California Plumbing Code; California Energy Code; California Green Building Standards Code, California Reference Standards Code; and the 2018 Edition of the International Property Maintenance Code, adds, changes or modifies certain provisions of the California Building Standards Code as it pertains to the regulation of buildings and fire protection. A copy of the text of such additions, changes or modifications is attached. FINDINGS: The City Council of the City of South San Francisco finds that in order to best protect the health, safety, and welfare of the citizens of the City of South San Francisco, the standards of building within the City must conform with state law except where local climatic, geological, and topographical conditions warrant more restrictive regulations. Pursuant to Sections 17958.5 and 17958.7 (a) of the State of California Health and Safety Code, the governing body of the City of South San Francisco has determined and finds that all the attached changes or modifications are needed and are reasonably necessary because of local climatic, geological and topographic conditions as discussed below. The City Council of the City of South San Francisco further finds that administrative amendments to the South San Francisco Municipal Code, relating to enforcement and appointment authorities of the building official and fire chief are reasonably necessary in order to tailor to the local and operational structures of the South San Francisco city government. LOCAL CONDITIONS: Local conditions have an adverse effect on the prevention of (1) major loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, making the changes or modifications in the California Building Standards Code necessary in order to provide a reasonable degree of property security, and fire and life safety in the City of South San Francisco. Below are adverse local climatic, geological and topographic conditions that necessitate the modifications to the California Building Standards Code. CLIMATIC Precipitation: Precipitation averages 18.83 inches/ year eighty percent (80%) falls during the months of November through April, and twenty percent (20%) from May through October. Severe flooding occurred during the months of January and March, 1995 and in 1998 and 2006. 2 Relative Humidity: Humidity generally ranges from sixty two percent (62%) during daytime and eighty-six percent (86%) at night. It occasionally drops lower during the months of September through November. Temperatures: Temperatures have been recorded as high as 106 degrees Fahrenheit. Average summer highs are in the 70-73 degree range. Winds: Summer prevailing winds are from the North-West direction. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 5-10 mph range, gusting to 23 mph, particularly during the summer months. Extreme winds, up to 50 mph, have been known to occur. Summary: These local climatic conditions affect the acceleration intensity, and size of fires in the community. Times of little or no rainfall, of low humidity and high temperatures create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires and conflagrations. Storage, disposal, and recycling of construction and demolition debris can contribute to hazardous conditions relating to fire. The winds experienced in this area also adversely impact structure fires in buildings in close proximity to one another. Winds can carry sparks and burning branches to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and create a blowtorch effect, in addition to preventing "natural" ventilation and cross-ventilation efforts. South San Francisco’s downtown and surrounding areas contain numerous historic and older buildings that are located very close together, which exacerbates the fire danger from dry conditions, wind, and shake/shingle roofs. The stated climatic, geographical and topographical conditions warrant more stringent requirements for additional listing of operational permits (annually renewed) to those already described in Section 105 of the California Fire Code which provides permission to maintain, store, use or handle materials, or to conduct processes which produce conditions hazardous to life or property, or to install equipment used in conjunction with such activities. Knowledge of the location of radioactive materials will help firefighters develop strategies and tactics to minimize their impact on the pubic, property or environment in the event of an uncontrolled release. Stationary battery systems during normal operations release large amounts of Hydrogen a flammable gas. The systems can also be damaged in a fire, earthquake, or malfunction during an electrical emergency causing them to overheat and/or explode. Inspection of these systems will ensure proper guarding against physical damage, venting, electrical interrupts operate as designed, and other required safety features are present. Child care centers and large family home day care facilities that care for children have special requirements to ensure their safety in the event of a fire. Children in many instances are unable understand the nature of an emergency or take prompt action when necessary. Inspections will ensure that the operators of such facilities comply with these special requirements. Properly constructed and maintained Christmas tree lots will insure the safety of patrons as well as decrease the incidence and severity of fire. Combustible storage in the form of empty boxes, barrels, or other similar containers, or rubber, or cork is known to increase the spread and 3 severity of fire. Inspections of businesses that have combustible storage will ensure that such storage is done in such a way to minimize it impact. A properly functioning fire alarm system gives early warning to building occupants to leave the affected area promptly. When fire occurs in institutions or residential care facilities multiple injuries and/or fatalities can occur because elderly or disabled occupants possess a limited ability to understand the nature of the emergency or take prompt action when necessary. Proper exiting and other related fire safety issues can only be addressed through a fire inspection. Equipping new and existing buildings and structures with automatic sprinkler system will ensure the safety of patrons as well as decrease the incidence and severity of fire. When fire occurs in enclosed buildings and structures, automatic sprinklers can disperse water and help with remediating or extinguishing flames and reduce damages prior to fire responder crew arrival. Likewise, when such buildings and structures consists of large crow gathering areas, automatic sprinklers will serve as a preventative measure in the event that a fire happens. Tar kettles can overheat and cause their contents to catch fire. Such fires often place buildings and other structures in close proximity at risk. Inspections will ensure that overheat, automatic door closing and other safety systems have been properly installed and operate as designed. First responders must be able to maintain communications throughout a property in an emergency situation. Whether they are responding to a fire, medical emergency or domestic threat, they cannot be in a situation where their radios stop working. It is essential that their communication devices continue to transmit in hard-to-reach areas, such as stairwells, elevators, basements, and thick-walled or shielded areas. Newly-built LEED-certified buildings with low-E glass often suffer from poor public-safety signal coverage due to signal attenuation caused by low-E glass. It’s essential that first responders be aware of the radio systems being installed in buildings and that the installation of public safety radio coverage be in accordance. Likewise, the requirement for a fire command center in certain high-rise or taller buildings will ensure first responders are able to provide timely, coordinated, and effective emergency responses during a fire given the building’s height and concentration of occupants. Hospitals have potential fire hazards that set them apart from other places when it comes to fire protection. Whenever a fire starts in a hospital, it is important to begin an orderly evacuation process. However, evacuating vulnerable patients can be challenging, since they might not all be able to move on their own. Hospitals need to have fire protection systems that can detect and extinguish fires before they get out of control, which allows for even more time for first responders to conduct an evacuation. South San Francisco serves as host venue to many public and private events on an annual basis. Providing minimum standards via special event permits as stated herein would serve to ensure the safety of the participants and the public attending events of a temporary nature in the City of South San Francisco. Permit-required confined spaces contain oxygen deficient and flammable atmospheres or other hazardous conditions. Over 50% of fatalities that occur in these locations involve would be 4 rescuers. Confined space emergencies are rare, high-risk incidents. When they do happen, they can lead to firefighter injuries or deaths. First responders must be aware of the hazards and limitations of confined spaces so they can be prepared when they approach an incident in or around a confined space, and when they attempt to enter confined spaces during non- emergencies. This finding refers to and supports modifications to or the addition of Sections 1907.1.2, 3410.2, and 1510.7 of the California Building Code, Section R907.7 of the California Residential Code, and Sections 903.2, 508.1, 508.1.1, 510.4.2, 510.5, and 105.6.50-10.6.58 of the California Fire Code. TOPOGRAPHIC The City is made up of open terrain with scattered obstructions having heights and widths generally less than 30 feet, including flat open country, grasslands, hillsides and bay exposure. The City is also located within 5 miles of San Francisco International Airport and a portion of the City is located under the airborne easement. Including a permit and performance bond-related requirements for moving of buildings and temporary structures within South San Francisco would ensure that all proposed moves and removals are reviewed carefully by city officials and conducted in a manner to avoid injuries to persons and properties in the proposed work area. This finding refers to and supports modifications to or the addition of Sections 1907.1.2, 3410.2 and 1510.7 of the California Building Code, and Sections 1.8.10.3, 1.8.10.4 , R907.7 and Appendices AK 102-103 of the California Residential Code. GEOLOGICAL The above local topographic conditions enhance the magnitude, exposure, accessibility problems, and fire hazards presented to the City of South San Francisco. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. The San Andreas Fault is located between 0 and 3 miles from any point within the City. This finding refers to and supports modifications to or the addition of Section 1907.1.2 of the California Building Code, and Section R506.3 of the California Residential Code.3363365.2 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-907 Agenda Date:11/13/2019 Version:1 Item #:7. Report regarding a resolution awarding a construction contract to JMB Construction,Inc.of South San Francisco,California for the Sanitary Sewer Pump Station No.2 Upgrade (Project No.ss1702)in an amount not to exceed $4,505,000,authorizing a total construction budget of $6,350,500 and authorizing the City Manager to execute the construction contract on behalf of the City;and approving a cost-sharing agreement with Alexandria Real Estate Equities (ARE)to pay for architectural improvements to the station,and authorizing the City Manager to execute agreements on behalf of the City.(Nicholas Talbot,Assistant Plant Superintendent, and Peter Vorametsanti, Swinerton Management and Consulting) RECOMMENDATION Staff recommends that the City Council adopt a resolution awarding a construction contract to JMB Construction,Inc.of South San Francisco,California for the Sanitary Sewer Pump Station No.2 Upgrade (Project No.ss1702)in an amount not to exceed $4,505,000,authorizing a total construction budget of $6,350,500,and authorizing the City Manager to execute the construction contract on behalf of the City;approve a cost-sharing agreement with Alexandria Real Estate Equities (ARE)to pay for architectural improvements to the station and authorize the City Manager to execute said agreement. BACKGROUND/DISCUSSION The City of South San Francisco operates a network of sanitary sewer pumping stations that convey wastewater to the Water Quality Control Plant (WQCP)for treatment.Pump Station No.2 is located at 955 Gateway Boulevard on the west side of the street near the intersection of Oyster Point Blvd.The City constructed Pump Station No.2 in 1982.This Pump Station is an essential piece of infrastructure,receiving sewage from the Oyster Point area and transmitting it to the Water Quality Control Plant.The facility is reaching the end of its useful life,and with the new developments in the Oyster Point Area,this project will increase the pumping capacity to accommodate full occupancy in the Oyster Point Area. Pump Station No.2 also resides in a public sewer easement within the 955 Gateway Blvd property managed by ARE.This property owner desires to improve the appearance of the pump station building to enhance curb appeal.The easement owner agrees to incur the cost to add an architectural façade to the pump station building. These architectural improvements enhance the aesthetics of this project.The engineering estimate for the façade is $120,000,and the design and administration estimate is an additional $69,135 for a total of $189,135.00.The cost-sharing agreement is attached as Exhibit B to the accompanying resolution,and outlines the terms and conditions of this payment.Staff presented the project to the Design Review Board and received the board’s approval.This cost-sharing agreement also represents a public-private partnership that enhances community relations. Contractors will need to divert the flow that currently comes into the pump station while they construct the new wet well.This diversion will require space belonging to ARE.More specifically,the landscaped area adjacent to the southwest corner of the Gateway and Oyster Point intersection.The area will be restored and returned to ARE after contractors complete the project.The existing permanent easement will also have to be expanded to accommodate the station upgrade.ARE agree to grant the City these easements for station expansion purposes. Pursuant to previously adopted City Council Resolution 45-83,the City Manager would be authorized to accept City of South San Francisco Printed on 11/21/2019Page 1 of 3 powered by Legistar™ File #:19-907 Agenda Date:11/13/2019 Version:1 Item #:7. Pursuant to previously adopted City Council Resolution 45-83,the City Manager would be authorized to accept these easements on the City’s behalf. The contract improvements,as designed by Schaaf &Wheeler under subcontract with Wilsey Ham,represent a full overhaul by replacing the aging pumps,motors,and control systems,and by upsizing the station storage and pumping capacity to accommodate the extensive growth in the station’s service area. These improvements include: ·Replacing the two existing 20 HP pumps with three 25 HP submersible pumps; ·Upsizing pump motors, replacing the motor control center; ·Adding new programmable logic controllers with auto-dialers and a telemetry connection to the City’s Supervisor Control and Data Acquisition (SCADA) control system; ·Installing variable frequency drives; ·Relocating and enlarging the wet well; ·Installing a new standby generator outdoors to replace the existing, outdated indoor unit. These improvements will increase the station capacity,improve operational control and reliability,and bring the station up to current technological standards. Staff advertised a notice inviting bids for the project on September 19,2019,and September 26,2019.On October 23,2019,the City received four bids in response.Local governments award Public Works construction contracts to the lowest responsive and responsible bidder (Public Contract Code §20166).The lowest responsible bidder was JMB Construction,Inc.,of South San Francisco,CA.City Engineering Staff has verified the low bidder’s current contractor’s license with the California State Licensing Board and found it to be in good standing.The City is not using federal funds on this project;therefore there are no Disadvantaged Business Enterprise (DBE) requirements for this project. The following is the summary of all bids received: Base Bid Amount JMB Construction, Inc., South San Francisco, CA $ 4,505,000 Valentine Corporation, San Rafael, CA $ 4,888,369 Anvil Builders Inc., San Francisco, CA $ 5,223,800 Thompson Builders Corporation, Novato, CA $ 5,795,800 The engineer’s estimate for the construction contract work was $4,600,000. The project construction budget is as follows: Construction Contract $ 4,505,000 Construction Contingency 20% $ 1,395,000 Construction Administration/Management 10%$ 450,500 Total Project Construction Budget $ 6,350,500 Staff will use the construction contingency for any additional costs related to needed design changes during the construction operations.The construction administration and management will cover staff time and consultant costs to oversee and manage the contractor. City of South San Francisco Printed on 11/21/2019Page 2 of 3 powered by Legistar™ File #:19-907 Agenda Date:11/13/2019 Version:1 Item #:7. FUNDING The project is included in the City of South San Francisco’s Fiscal Year 2019-2020 Capital Improvement Program with sufficient funds allocated to cover the project cost.The project is funded by the East of 101 Sewer Impact Fees and the 2019-2020 Sewer Capacity Charge Fund. CONCLUSION Staff recommends awarding the construction contract to JMB Construction,Inc.of South San Francisco, California,for the Project ss1702,Sanitary Sewer Pump Station 2 Upgrade,and approving an agreement with Alexandria Real Estate (ARE) Equities to pay for architectural improvements to the station. Attachments: 1. Project Location Map 2. Existing Site Photo 3. Rendering - Existing Pump Station with Expansion 4. Rendering - Architectural Improvements City of South San Francisco Printed on 11/21/2019Page 3 of 3 powered by Legistar™ Attachment 1 Attachment 2 Attachment 3 Attachment 4 Attachment 5 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:19-908 Agenda Date:11/13/2019 Version:1 Item #:7a. Resolution awarding a construction contract to JMB Construction,Inc.of South San Francisco,California for the Sanitary Sewer Pump Station No.2 Upgrade (Project No.ss1702)in an amount not to exceed $4,505,000 and authorizing a total project budget of $6,350,500,and authorizing the City Manager to execute the construction contract on behalf of the City;and approving a cost-sharing agreement with Alexandria Real Estate Equities (ARE)to pay for aesthetic improvements to the station appearance and authorizing the City Manager to execute said agreement on behalf of the City. WHEREAS,City of South San Francisco operates nine sanitary sewer pumping stations to help maintain flow in the relatively flat terrain east of Highway 101; and WHEREAS,Pump Station No.2,located at 955 Gateway Boulevard near the intersection with Oyster Point Blvd is an important link in the City’s collection system,receiving sewage from the Oyster Point area and transmitting it to the Water Quality Control Plant for treatment; and WHEREAS,the station equipment is reaching the end of its operational life and is undersized for the projected growth of the Oyster Point basin; and WHEREAS,the City commissioned design of a complete station overhaul to replace and upsize equipment, provide emergency backup power, and add modern control features; and WHEREAS,the Pump Station No.2 resides in a public sewer easement within the 955 Gateway Blvd.property managed by Alexandria Real Estate Equities (ARE)and ARE has offered to fund their desired architectural improvements to enhance the appearance of the pump station building; and WHEREAS,ARE and the City have negotiated a cost-sharing agreement for ARE to provide the funding for such architectural improvements; and WHEREAS,on September 19,2019 and September 26,2019,the City advertised for construction bids for the Sanitary Sewer Pump Station No. 2 Upgrade and received 4 bids in response; and WHEREAS,pursuant to Public Contract Code §20166,Public Works contracts,if awarded,are to the lowest responsible bidder whose bid is responsive to the solicitation; and WHEREAS,JMB Construction,Inc.of South San Francisco,California submitted the lowest responsive and City of South San Francisco Printed on 11/21/2019Page 1 of 2 powered by Legistar™ File #:19-908 Agenda Date:11/13/2019 Version:1 Item #:7a. responsible bid in the amount of $4,505,000; and WHEREAS,the project is included in the City of South San Francisco’s Fiscal Year 2018-19 Capital Improvement Program (Project No. ss1702) with sufficient funds allocated to cover the project cost. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby awards a construction contract,a draft of which is attached hereto as Exhibit A,for the Sanitary Sewer Pump Station No.2 Upgrade to JMB Construction,Inc.of South San Francisco,California,in an amount not to exceed $4,505,000 conditioned on JMB Construction’s timely execution of the Project contact and submission of all required documents,including but not limited to certificates of insurance and endorsement,in accordance with the Project documents. BE IT FURTHER RESOLVED,the City Manager is authorized to execute the construction contract in substantially the same form as that attached hereto as Exhibit A,and any other related documents on behalf of the City, subject to approval as to form by the City Attorney. BE IT FURTHER RESOLVED, the City Council authorizes a total project budget of $6,350,500. BE IT FURTHER RESOLVED,that the City Council approves a cost-sharing agreement with Alexandria Real Estate Equities, attached hereto as Exhibit B, to pay for the architectural improvements to the station. BE IT FURTHER RESOLVED,the City Manager is authorized to execute the cost-sharing agreement in substantially the same form as that attached hereto as Exhibit B and any other related documents on behalf of the City, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 11/21/2019Page 2 of 2 powered by Legistar™ Exhibit A CITY OF SOUTH SAN FRANCISCO SANITARY SEWER PUMP STATION NO. 2 UPGRADE Project No. ss1702 Bid No. 2623 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS PAGE INTENTIONALLY LEFT BLANK FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS TABLE OF CONTENTS Page No. 1. Scope of Work A-1 2. The Contract Documents A-1 3. Equipment - Performance of Work A-2 4. Contract Price A-2 5. Rights of City to Increase Working Days A-2 6. Option of City to Terminate Agreement in Event A-3 of Failure to Complete Work 7. Termination of Contract for Convenience A-3 8. Performance by Sureties A-6 9. Hold-Harmless Agreement and Contractor's Insurance A-6 10. Insurance A-6 11. Proof of Carriage of Insurance A-8 12. Provisions Cumulative A-8 13. Notices A-8 14. Interpretation A-8 Attachment A – Escrow Agreement for Security Deposits in Lieu of Retention Page A-1 of 12 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this ____, day of ______, _____, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called “CITY”, and XXX, hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on November 13, 2019, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: 1. Scope of Work. Contractor shall perform the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the SANITARY SEWER PUMP STATION No. 2 UPGRADE; in accordance with the Contract Documents. Also included are any such other items or details not mentioned above that are required by the Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as specified herein and as directed by the Engineer. The aforementioned improvements are further described in the "Contract Documents" hereinafter referred to. 2. The Contract Documents. The complete Contract consists of the following documents: (A) Notice Inviting Bids (B) Part I – Submitted Proposal (as accepted) (C) This Agreement, including Contractor’s Payment Bond, Faithful Performance Bond and Guaranty Bond. (D) Part II – General Conditions 1. 1The term "Contractor" as used herein is employed without distinction as to either number or gender and shall include whenever the context shall permit all agents, representatives, employees, servants, subcontractors and business or social invitees. Page A-2 of 9 (E) Part III – Special Provisions: Special Conditions and Technical Specifications, including State Standard Specifications dated 2015, sections 10-99, as revised in Revised Standard Specifications (RSS) dated August 30, 2019. (F) Part IV – Project Plans dated August 30, 2019. (G) Administrative subsections of the State Standard Specifications dated 2015, as specifically referenced in contract Parts I-IV and as revised in RSS dated April 20, 2018 All rights and obligations of City and Contractor are fully set forth and described in the con tract documents. All of the above-named documents are intended to cooperate, so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as “the Contract Documents.” 3. Equipment - Performance of Work. Contractor shall furnish all tools, equipment, apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike manner the Work of general construction as called for, and for the manner designated in, and in strict conformity with, the plans and specifications for said Work entitled: SANITARY SEWER PUMP STATION NO. 2 UPGRADE, ss1702 The equipment, apparatus, facilities, labor, and materials shall be furnished and said Work performed and completed as required in said plans and specifications under the direction and supervision and subject to the approval of the Engineer of said City or the Engineer’s designated assistant. 4. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work agreed to be done the sum of FIVE HUNDRED THIRTY FOUR THOUSAND ONE HUNDRED AND NINETEEN DOLLARS AND FIFTY CENTS ($534,119.50). Said price is determined by the lump sum price contained in Contractor's bid proposal (“Bid”). The lump sum price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is performed or materials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. 5. Rights of City to Increase Working Days. If such Work is not completed within the time specified, the Engineer shall have the right to increase the number of working days in the amount it may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) calendar days prior to the time herein fixed for the completion thereof or the time fixed by the Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer. 6. Option of City to Terminate Agreement in Event of Failure to Complete Work. If at any time in the opinion of the Engineer, the Contractor has refused or failed to prosecute the Work or any severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or Page A-3 of 9 any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and a bove the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 7. Termination of Contract for Convenience. The City also reserves the right to terminate the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that termination of the contract is in the best interest of the City. If the City elects to terminate the contract for convenience, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following: (A) The City will issue the Contractor a written notice signed by the Engineer, specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII-17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: (1) Stop all work under the contract except that specifically directed to be completed prior to acceptance. (2) Perform work the Engineer deems necessary to secure the project for termination. (3) Remove equipment and plant from the site of the Work. (4) Take such action as is necessary to protect materials from damage. (5) Notify all subcontractors and suppliers that the contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. (6) Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Page A-4 of 9 Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and with bills of sale or other documents of title for such materials. (8) Subject to the prior written approval of the Engineer, settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials terminated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title, and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the contract, including, on projects as to which Federal and State funds are involved, all documentation required under the Federal and State requirements included in the contract. (10) Take such other actions as the Engineer may direct. (B) Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for damage to materials after issuance of the Notice of Termination, except as follows: (1) The Contractor’s responsibility for damage to materials for which partial payment has been made as provided in Section IX-2, “Progress Payments,” of the General Conditions and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. (2) The Contractor’s responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City. (3) When the Engineer determines that the Contractor has completed the Work under the contract directed to be completed prior to termination and such other work as may have been ordered to secure the project for termination, the Contractor will recommend that the Engineer formally accept the contract to the extent performed, and immediately upon and after such acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Engineer. (C) Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed. (D) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: Page A-5 of 9 (1) The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In determining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate credits against the cost of the work. When, in the opinion of the Engineer, the cost of a contract item of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed. (2) A reasonable allowance for profit on the cost of the work performed as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a profit had the contract been completed and provided further, that the profit allowed shall in no event exceed four (4) percent of said cost. (3) The reasonable cost to the Contractor of handling material returned to the vendor, delivered to the City, or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor’s administrative costs in determining the amount payable due to termination of the contract. (5) A reasonable credit to the City for defective or incomplete work not corrected. All records of the Contractor and subcontractors necessary to determine compensation in accordance with the provisions of this Section 5 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section IX-7, “Final Payment,” of the General Conditions when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. If this contract is terminated by the City for cause, and it is later determined that the proper basis for a termination for cause did not exist, the termination shall be deemed to have been a termination for convenience and governed by the terms of this contract dealing with such termination. If the contract is terminated by the City for cause or convenience, such termination shall neither act as a waiver by the City of its right to require the Contractor to correct defects in the Work performed by the Contractor nor void any warranties applicable to the Work performed under the contract. The provisions of this Section 5 shall be included in all subcontracts. In the event of conflict between the termination provisions of this Section 8 and any other provision or the contract, this Section 5 shall prevail. Page A-6 of 9 8. Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) working days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence per formance thereof within five (5) working days after notice to the City of such election, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” 9. Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (A) The City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15, “Insurance” hereof. (B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 10. Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (A) Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". Page A-7 of 9 (B) Comprehensive General Liability Insurance. Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): (1) Bodily Injury Liability: $ 500,000 each person $1,000,000 each occurrence (2) Property Damage Liability [includes XCU (explosion, collapse, and underground damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence (C) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired vehicles): (1) Bodily Injury Liability: $ 500,000 per person $1,000,000 each occurrence (2) Property Damage Liability: $ 500,000 each occurrence (D) It is agreed that the insurance required by Subsections B and C, in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form Page A-8 of 9 of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. 11. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and that each carrier shall give City at least thirty (30) calendar days prior notice of the cancellation or change of any policy during the effective period of this contract. Further, if the Contractor’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self -insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self - insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self -insured retention and also must disclose the deductible. 12. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 13. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk City Hall, 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to Contractor shall be addressed as follows: _________________________________________________________________________ _________________________________________________________________________ Notices required to be given sureties of Contractor shall be addressed as follows: _________________________________________________________________________ Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows: _________________________________________________________________________ 14. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural, and vice versa. IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of twelve (12) pages (being pages A-1 through A-12), each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. Page A-9 of 9 ATTEST: CITY: City of South San Francisco, a municipal corporation _______________________________ By: _____________________________ City Clerk Charles M. Futrell, City Manager ATTEST: CONTRACTOR:_______________________ __________________________________ _______________________________ By:_______________________________ (If Contractor is an individual, so state. If Contractor is a Corporation, a corporate seal or signatures of the President or Vice President and the Secretary Treasurer are required). ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City," and ________________________________________,whose address is ___________________________________________________________, hereinafter called “Contractor” and ______________________________________________________________,whose address is ___________________________________________________________, hereinafter called “Escrow Agent.” For the consideration hereinafter set forth, the Owner, Contractor, and Escrow Agent agree as follows: 1. Pursuant to Section 22300 of the Public Contract Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for __________________ in the amount of _______________dollars ($_____) dated ___________ (hereinafter referred to as the “Contract”). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 working days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the name of _______________, and shall designate the Contractor as the beneficial owner. 2. The Owner shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 3. When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all expenses of the Owner. These expenses and payment terms shall be determined by the Owner, Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day’s written notice to the Escrow Agent from the Owner of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Owner. 8. Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications from the Owner and the Contractor pursuant to Sections (5) to (8), inclusive, of this Agreement, and the Owner and Contractor shall hold Escrow Agent harmless from Escrow Agent’s release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: On behalf of Owner: On behalf of Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature __________________________________ __________________________________ Address Address On behalf of Escrow Agent: __________________________________ Title __________________________________ Name __________________________________ Signature __________________________________ Address At the time the Escrow Account is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor: __________________________________ __________________________________ Title Title __________________________________ __________________________________ Name Name __________________________________ __________________________________ Signature Signature Approved as to form: Attest: _____________________________________ __________________________________ City Attorney Date City Clerk 1 EXHIBIT B FUNDING AGREEMENT FOR PUBLIC IMPROVEMENTS This FUNDING AGREEMENT FOR PUBLIC IMPROVEMENTS ("Agreement") is entered into and effective as of the _____ day of _____________, 2019, by and between the City of South San Francisco, a municipal corporation ("City"), and ARE-901/951 Gateway Boulevard, LLC, a Delaware limited liability company ("ARE") (collectively, "Parties"). RECITALS: A. Sewer Pump Station No. 2 ("Facility"), located at the southwest corner of the intersection of Gateway Boulevard and Oyster Point Parkway, is slated to be rehabilitated, expanded, and upgraded (generally, the "Original Upgrade") in order to serve the properties in the vicinity. Accordingly, the City's design team prepared plans, specifications, and drawings for the Original Upgrade (the "Original Upgrade Design Documents"). B. Because of the prominent location of the Facility and the industrial appearance of the existing Facility and the Facility after the Original Upgrade, ARE (i) expressed a desire to have the appearance of the Facility altered so that it will be more consistent with surrounding new developments and more welcoming to ARE's property at The Gateway, and (ii) expressed a willingness to fund the costs of the improvements necessary to alter the appearance of the Facility. C. At ARE's request, the City agreed to work with ARE's design team to add architectural features to the Facility and to modify the height of several retaining walls for the Facility (the "Additional Improvements"). The City's and ARE's design teams worked together to formulate a design for the Additional Improvements that is acceptable to both Parties. NOW THEREFORE, for and in consideration of the mutual promises and covenants set forth herein, the Parties agree as follows: 1. Design Concepts. The Parties have reviewed the design plans for the Additional Improvements and concur with the design and scope of such Additional Improvements. The City has revised the Original Upgrade Design Documents to incorporate the Additional Improvements in a manner that is generally consistent with the design concepts of the Additional Improvements (as revised, the "Revised Upgrade Design Documents"), subject to reasonable modifications to be reviewed and approved by ARE, which approval shall not be unreasonably withheld. The rehabilitation, expansion, and upgrade of the Facility as reflected 2 in the Revised Upgrade Design Documents will be referred to in this Agreement as the Revised Upgrade. 2. Costs of Revised Upgrade Design Documents. The City has presented ARE with an invoice for $51,941.00 for the design costs incurred by the City in preparing the Revised Upgrade Design Documents (the "Design Costs"). ARE agrees to reimburse the City for the Design Costs, in the manner provided in Sections 3 and 4 below. 3. Costs of Additional Improvements. ARE agrees to reimburse the City for the costs of constructing and installing the Additional Improvements (the "Construction Costs") as part of the Revised Upgrade project, subject to the terms and conditions of this Agreement. The City has solicited bids to construct and install the Additional Improvements based on the Revised Upgrade Design Documents, which identify the Additional Improvements as separate bid items. The total of the separate bids for constructing and installing the Additional Improvements is $120,000. The Parties agree that ARE will fund the estimated Construction Costs, plus the Design Costs, plus an estimated 10% management and administrative fee which is calculated on the basis of the estimated costs of constructing and installing the Additional Improvements (the "Administrative Fee"), for a total of $189,135.00. 4. Deposit By ARE. Within ninety (90) days following execution of this Agreement, ARE shall deposit with the City the amount of $189,135.00 ("Deposit"). The City shall maintain a separate interest-bearing account for the Deposit, and shall only use the Deposit for payment of the Design Costs, the Construction Costs (which will include the City's inspection and testing fees, which fees shall be solely deducted from the Deposit with no additional fee obligation on the part of ARE), and the Administrative Fee. Upon receipt of the Deposit, the City shall proceed to construct and install the Additional Improvements within two (2) years of such receipt, which time may be extended by mutual agreement of the Parties. During the construction and installation of the Additional Improvements, the City shall periodically (but not more frequently than every 60 days) provide ARE with reasonably acceptable substantiation of all uses of the Deposit (including reasonably detailed descriptions of the work paid for using the Deposit, together with the identities and mailing addresses of all persons performing such work or supplying materials for such work, and copies of lien releases and waivers obtained from such persons). If the Revised Upgrade project is terminated, then, within ninety (90) days following termination, the City shall (i) refund the Deposit to ARE, minus the Design Costs and any Construction Costs already incurred by the 3 City, and (ii) provide ARE with reasonably acceptable substantiation of all uses of the Deposit not previously substantiated by the City in accordance with this Section. 5. Responsibility for Management. Once it receives the Deposit, the City shall be solely responsible for management of the Deposit and the construction and installation of the Additional Improvements, including, without limitation, making payments required to be made to third parties to construct and install the Additional Improvements and ensuring that all work complies with the Revised Upgrade Design Documents and all applicable legal and insurance requirements. The City shall use commercially reasonable efforts to ensure that the sum of the Design Costs, the Construction Costs, and the Administrative Fee does not exceed the Deposit. If the City anticipates a potential cost overrun, the City shall immediately notify ARE. The Parties shall promptly meet and confer to implement a mutually agreeable solution, which may include a reduction in the scope of the Additional Improvements. Alternatively, in the event of a potential cost overrun, ARE shall have the right to direct, in its sole discretion, all subsequent uses of the Deposit.[ As part of the City's management of the Deposit and the construction and installation of the Additional Improvements, the City shall keep ARE's property at The Gateway free and clear of all liens arising or alleged to arise in connection with any work performed, labor or materials supplied or delivered, or similar activities performed in connection with the Revised Upgrade. If any lien is placed on ARE's property at The Gateway in connection with the Revised Upgrade, the City shall promptly cause such lien to be released and removed from title, either by payment or by recording a lien release bond in the manner specified in California Civil Code Section 8424 or any successor statute. If the City shall fail to release or remove such lien within 30 days after the City's receipt of notice from ARE and the City is not diligently proceeding to release or remove such lien, ARE shall have the right, but not the obligation, to record a lien release bond in the manner specified in California Civil Code Section 8424 or any successor statute, and the City shall reimburse ARE for the reasonable costs of obtaining and recording such bond within 30 days after the City's receipt of an invoice therefor, together with reasonably acceptable substantiation thereof.] 6. Monitoring of Revised Upgrade Project. ARE shall have the right to monitor the Revised Upgrade project, provided that ARE's right to monitor such project shall be solely for its own benefit, and ARE shall have no duty to ensure that such project complies with the Revised Upgrade Design Documents or with any applicable legal or insurance requirements. 4 7. Refund of Unspent Funds. Upon completion of the Additional Improvements, if any funds remain in the Deposit (including any interest earned thereon), the City shall refund those funds to ARE within ninety (90) days following completion of the Improvements. If this Agreement is terminated and any funds remain in the Deposit (including any interest earned thereon), the City shall refund those funds to ARE within ninety (90) days following termination. 8. Dedication of Additional Easements. The parties acknowledge and agree that the existing Facility and the related storm sewers are located within easements dedicated for public use on that certain Final Map Gateway Center, filed October 1, 1982, in Book 107 of Maps, Pages 27 through 30, inclusive, San Mateo County Records. Such easements are shown on the map attached hereto as Exhibit A and incorporated herein by reference (the "Easement Map") as the "Sewer Pump Station Easement" and the "Sanitary Sewer Easement". Given that the Revised Upgrade includes an expansion of the Facility, ARE agrees to dedicate additional easements to accommodate such expansion (the "Additional Easements"), on terms and conditions reasonably acceptable to each Party. The intended location of the Additional Easements are shown on the Easement Map as the "Proposed Expanded Sewer Pump Station Easement" and the "Proposed Expanded Sanitary Sewer Easement". Any modifications to the intended location of the Additional Easements must be reviewed and approved by ARE, which approval shall not be unreasonably withheld. If the Revised Upgrade project is terminated, then, within ninety (90) days following termination, the City shall execute and deliver any instruments that may be necessary to terminate the Additional Easements. 9. Operation, Maintenance and Replacement. Upon completion of the Revised Upgrade project, City shall be solely responsible for the operation, maintenance, repair and replacement of the Additional Improvements and all other parts of the rehabilitated, expanded, and upgraded Facility, including any and all associated costs. The City shall be the sole owner of the rehabilitated, expanded, and upgraded Facility, including all improvements associated with the Revised Upgrade project. Upon completion of the landscaping surrounding the Facility by ARE, ARE shall be solely responsible for the operation, maintenance, repair and replacement of the landscaping located within the area surrounding the Facility, including any and all associated costs, all as more specifically provided in that certain Landscaping Maintenance Agreement that is being executed concurrently herewith. 10. Hold Harmless Agreement. City shall indemnify, defend with counsel acceptable to ARE, and hold harmless to the full extent permitted by law, ARE, ARE's affiliates and their respective direct or indirect members, partners, shareholders, principals, trustees, beneficiaries, directors, officers, employees and agents from and against any and all liability 5 of every nature arising out of or in connection with the Revised Upgrade project, including the design and construction thereof, except such liability caused by the active negligence, omissions or willful misconduct of ARE pursuant to its obligations under this Agreement or the Landscaping Maintenance Agreement. However, the City's duty to indemnify does not extend to work performed by ARE in the event that ARE performs any of the construction or installation of the Additional Improvements. Should ARE perform any of the construction or installation of the Additional Improvements, ARE shall indemnify, defend with counsel acceptable to City, and hold harmless to the full extent permitted by law, City and its agents, officers, officials, employees and other representatives from and against any and all liability of every nature arising out of or in connection with the active negligence, omissions or willful misconduct of ARE solely with respect to those elements of the Additional Improvements that are constructed or installed by ARE. City's and ARE's duty to indemnify herein shall apply regardless of whether or not any insurance policies shall have been determined to be applicable to any of such damages or claims for damages. The indemnity under this Section shall survive expiration or termination of this Agreement. 11. ARE Not Agent of City. Neither ARE nor any of ARE's agents or contractors are, nor shall be considered to be, agents of the City in connection with the performance of ARE's obligations under this Agreement. In addition, ARE and the City are not partners or joint venturers with each other and nothing herein shall be construed to make them such partners or joint venturers. 12. Notice of Breach and Default. An event of default shall occur hereunder upon the failure of either Party to fulfill or perform any obligation required to be fulfilled or performed by such Party hereunder, unless cured within thirty (30) days after the non-defaulting Party provides notice of the breach. Upon the occurrence of a default, the non-defaulting Party may pursue all remedies at law or in equity whether or not such remedies are provided for in this Agreement, expressly including the remedy of specific performance of this Agreement. 13. Notices. All notices herein required shall be in writing and delivered in person, sent by registered or certified mail, postage prepaid, or sent by reputable overnight courier, fees prepaid. Notice shall be deemed given as of the date of delivery in person, as of the date of deposit in any post office or post office box regularly maintained by the United States Postal 6 Service, or as of the date delivered to the overnight courier, unless otherwise stated herein. Notices required to be given shall be addressed as follows: City: City of South San Francisco 315 Maple Avenue Attn: Matthew Ruble, Principal Engineer South San Francisco, CA 94080 ARE: c/o Alexandria Real Estate Equities, Inc. 1700 Owens Street, Suite 590 San Francisco, CA 94158 Attention: Toon Jordan and copy to: Alexandria Real Estate Equities, Inc. 26 North Euclid Avenue Pasadena, CA 91101 Attn: Corporate Secretary Re: 901 Gateway (South San Francisco, CA) Any party may change such address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. 14. Successors. This agreement shall bind, and the benefits inure to, the respective parties thereto, their legal representatives, executors, administrators, successors in office or interest, and assigns. 15. Amendment. This Agreement may be amended only by a written instrument executed by both Parties. 16. Construction. This Agreement is the product of negotiation and compromise on the part of both Parties and that the Parties agree that, notwithstanding Civil Code Section 1654, any uncertainty in the Agreement shall not be construed against the drafter of the Agreement. 17. Governing Law; Venue. This Agreement shall be enforced and interpreted under the laws of the State of California and of the City of South San Francisco. Any action arising from or brought in connection with this Agreement shall be venued in a court of competent jurisdiction in the County of San Mateo, State of California. 18. Non-Waiver. Either Party's failure to enforce any provision of this Agreement or the waiver thereof in a particular instance shall not be construed as a general waiver of any part of such provision. The provision shall remain in full force and effect. 7 19. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect. 20. No Third Party Beneficiaries. The Parties do not intend to create, and nothing in this Agreement shall be construed to create, any benefit or right in any third party. 21. Mediation. The Parties agree to make a good faith attempt to resolve any dispute arising out of this Agreement through mediation prior to commencing litigation. The Parties shall mutually agree upon the mediator and shall divide the costs of mediation equally. 22. Headings. The headings used in this Agreement are for convenience only and are not intended to affect the interpretation or construction of any provisions herein. 23. Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and ARE shall survive the termination of this Agreement. [ Signature Page Follows ] 8 IN WITNESS WHEREOF, the Parties have cause this Agreement to be executed as of the date first set forth above. CITY OF SOUTH SAN FRANCISCO ARE-901/951 GATEWAY BOULEVARD, LLC By City Manager Name and Title APPROVED AS TO CONTENT: City Engineer ATTEST: City Clerk APPROVED AS TO FORM: 1991912.2 3391961.1 1 EXHIBIT A Easement Map [ See Following Page ]