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Home My WebLink About2020-09-09 e-packet@6:00Wednesday, September 9, 2020 6:00 PM City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA TELECONFERENCE MEETING Special City Council Special Meeting Agenda September 9, 2020Special City Council Special Meeting Agenda TELECONFERENCE MEETING NOTICE THIS MEETING WILL BE CONDUCTED PURSUANT TO THE PROVISIONS OF THE GOVERNOR’S EXECUTIVE ORDERS N-25-20 AND N-29-20 ALLOWING FOR DEVIATION OF TELECONFERENCE RULES REQUIRED BY THE BROWN ACT & PURSUANT TO THE ORDER OF THE HEALTH OFFICER OF SAN MATEO COUNTY DATED MARCH 31, 2020 AS THIS MEETING IS NECESSARY SO THAT THE CITY CAN CONDUCT NECESSARY BUSINESS AND IS PERMITTED UNDER THE ORDER AS AN ESSENTIAL GOVERNMENTAL FUNCTION. The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff and the public while allowing for public participation. Councilmembers Matsumoto, Nagales and Nicolas, Vice Mayor Addiego and Mayor Garbarino and essential City staff will participate via Teleconference. PURSUANT TO RALPH M. BROWN ACT, GOVERNMENT CODE SECTION 54953, ALL VOTES SHALL BE BY ROLL CALL DUE TO COUNCIL MEMBERS PARTICIPATING BY TELECONFERENCE. MEMBERS OF THE PUBLIC MAY VIEW A VIDEO BROADCAST OF THE MEETING BY: Internet: https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council Local cable channel: Astound, Channel 26 or Comcast, Channel 27 Or via Zoom: Registration is required: https://ssf-net.zoom.us/webinar/register/WN_XOSemw7nR8yWLZRWilb3eQ After registering, you will receive a confirmation email containing information about joining the meeting. Please note that dialing in will only allow you to listen in on the meeting. To make a public comment during the Zoom meeting follow the instructions listed under Remote Public Comments. Page 2 City of South San Francisco Printed on 12/23/2020 September 9, 2020Special City Council Special Meeting Agenda Call to Order. Roll Call. Agenda Review. Remote Public Comments - comments are limited to items on the Special Meeting Agenda. Speakers are allowed to speak on items on the agenda for up to three minutes. If there appears to be a large number of speakers, speaking time may be reduced subject to the Mayor ’s discretion to limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). Comments that are not in compliance with the City Council's rules of decorum may be summarized for the record if they are in writing or muted if they are made live. Members of the public wishing to participate are encouraged to submit public comments in writing in advance of the meeting to e-mail: [email protected] by 3:00 p.m. on the meeting date. Emails received by the deadline will be forwarded to the City Council and read into the record by the City Clerk. Emails received after 3:00 p.m. will not be read during the meeting but will be entered into the record for the meeting. Oral Comments: Speakers are asked to register in advance via the Zoom platform, meeting information listed on the agenda. You will be asked to enter a name, an email address, and the Agenda item about which you wish to speak. Your email address will not be disclosed to the public. After registering, you will receive an email with instructions on how to connect to the meeting. When the City Clerk announces the item on which you wish to speak, your name will be called and you will be unmuted. No more than three minutes will be allocated to read each email comment, and oral comments will also be limited to no more than three minutes. Approximately 300 words total can be read in three minutes. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up. Page 3 City of South San Francisco Printed on 12/23/2020 September 9, 2020Special City Council Special Meeting Agenda ADMINISTRATIVE BUSINESS Presentation on Building Reach Codes by Peninsula Clean Energy (Phil Perry, Chief Building Official) 1. Update on the South Linden Avenue and Scott Street Grade Separation Planning Study (Bianca Liu, Senior Engineer/AECOM/Caltrain) 2. Report regarding a resolution awarding a construction contract to Golden Bay Construction, Inc of Hayward, California for the Linden Avenue Phase 2 and Spruce Avenue Traffic Calming Improvements Project (Project No. st1602), Federal-Aid Project No. ATPL-5177(037) in an amount not to exceed $1,094,883.00 and authorizing a total construction budget of $1,313,883.00. (Angel Torres, Senior Civil Engineer) 3. Resolution awarding a construction contract to Golden Bay Construction, Inc. of Hayward, California for the Linden Avenue Phase 2 and Spruce Avenue Traffic Calming Improvements Project (Project No. st1602), Federal-Aid Project No. ATPL-5177(037) in an amount not to exceed $1,094,883.00 and authorizing a total construction budget of $1,313,883.00. 3a. Adjournment. Page 4 City of South San Francisco Printed on 12/23/2020 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-602 Agenda Date:9/9/2020 Version:1 Item #:1. Presentation on Building Reach Codes by Peninsula Clean Energy (Phil Perry, Chief Building Official) City of South San Francisco Printed on 9/4/2020Page 1 of 1 powered by Legistar™ Building Reach Codes Advancing safer, healthier and more affordable buildings September 9, 2020 2 What is Peninsula Clean Energy? Peninsula Clean Energy is the not-for-profit electricity provider for San Mateo County providing cleaner power at lower rates 3 •Local enhancements to state code •Can be adopted at any time •Addresses: 1.Building electrification –reduced use of natural gas 2.Electric vehicle (EV) charging –increased EV readiness •Improves economic and energy performance for new construction What are Reach Codes? 4 •Major economic value for residents •Safer and healthier homes •Advance climate goals •Align with state decarbonization goals •Enable much greater EV adoption •Fiscal prudence –more cost effective to address at new construction •This Reach Code effort applies only to NEW construction Why adopt Reach Codes? Over $50M/yr San Mateo Co “fuel” savings by reaching 45,000 EVs in 2025 1-2 tons CO2 avoided per year for every home 5 Building Reach Code Options Reach Code Type How it Works Natural Gas Ban No gas hookup allowed (via municipal ordinance) Exceptions allowed All -Electric Required Appliances must be electric (via Energy Code) Exceptions allowed Conduits or conductors for exempted appliances All -Electric Preferred Allows mixed-fuel buildings with high energy performance: •additional energy efficiency measures •battery storage •electric-ready (pre-wiring) 6 Clothes Dryer Capital: equivalent Energy: $11/mo ↑ Cooktop Capital: $380 ↑ Energy: $6/mo ↑ Gas Meter & Service Not Needed Capital: $6,000 ↓ Energy: $7/mo ↓ Water Heater Capital: $510 ↓ Energy: $7/mo ↑ Space Heater Capital: $2000 ↓, assuming air- conditioning also installed Energy: $10/mo ↓ Electric Vehicle Charger Capital: Same cost, including incentives On-going: $138/mo ↓ Indoor Gas Piping Not Needed Capital: $2,450 ↓ Electrifying New Single Family Homes in the Bay Area –The Cost Story Capital and energy costs of thermal systems are based on Residential Building Electrification in California by E3 (April 2019); electricity costs specific to PCE/SVCE territory All-Electric Home, Increased Solar bill impacts are based on Low-Rise Residential New Construction 2019 Cost Effectiveness Study by Frontier Energy (August 2019) Version 8 10/21/2019 All -Electric Home Capital: $10,580 ↓ Energy:$7/mo ↑ 3 MT CO2e Carbon Emissions Savings per home, per year based on 2030 grid mix $191 Net Lifecycle Cost Savings per year for an all-electric home versus the mixed-fuel equivalent $29,200 $18,620 Mixed-Fuel Home All-Electric Home Capital Cost of Thermal Systems All -Electric Home, Increased Solar Capital: Equivalent Energy: $5/mo ↓ Summary 5,600 kWh 14,100 kWh9,000 kWhMixed-Fuel Home Title 24 Solar Requirement Annual Energy Use & Generation Electricity Gas 7 Electric Vehicle costs, New v Retrofit •Represent costs compared to CALGreen Mandatory for 25% Level 2 and 75% Level 1 •PG&E 'cost-per-port' is $18,000 for retrofits •Costs include wiring, switch gear, conduit, trenching, and secondary transformer Electric Vehicle Infrastructure Cost Analysis Report for PCE and SVCE Pacific Gas and Electric Company EV Charge Network Quarterly Report, Q1 2019 8 Electric Vehicle Reach Code Options Speed Readiness Number Level 1 3-4 miles per charging hour Level 2 10-20 miles per charging hour Level 3 150+ miles per charging hour EV Capable EV Ready EV Charging Station Percent of Parking Spaces 9 EVs –Proposed for New Multifamily 2016 CALGreen 2019 CALGreen PCE/SVCE Proposed Mandatory Mandatory Multi-Family 3%10% 25% 90% ≤20 dwelling units >20 dwelling units 100% ELECTRIC VEHICLE OUTLET 3% Level 2 EV Capable for buildings with ≥17 units 10% Level 2 EV Capable ≤20 units: One Level 2 EV Ready space per dwelling >20 units: Of all dwelling units, •25%of spaces Level 2 EV Ready •75%of spaces Level 1 EV Ready Except if costs are > $4500/space Automatic Load Management is allowed 10 NonRes and Multifamily Solar PV Ordinance Options 1.Require 3-5 kW system, depending on building size 2.Require solar-ready zone to have PV installed (15% of roof) Exceptions for over-generation, shading, or vegetative roofs 11 What Other Agencies are Doing 16 agencies in San Mateo and Santa Clara counties have adopted some form of reach code 32 agencies statewide 12 Adoption Resources •Ordinance Language •Staff Report & Slides •Homeowner Flyer •FAQs •Cost Effectiveness Infographic Permitting, enforcement, and inspection resources •Permit Checklist •Inspection Checklist •Trainings for Building Department Staff •FAQs Adoption and Implementation Resources 13 1.$10,000 grant to compensate for City staff time 2.Model codes for customization 3.Consultant time for technical questions 4.Adoption and implementation tools Additionally, PCE and SVCE are providing building industry technical assistance: AllElectricDesign.Org Resources for Cities 14 •Website:www.PeninsulaReachCodes.org •Contact:Rafael Reyes Director of Energy Programs [email protected] (650) 260-0087 Farhad Farahmand Sr Project Manager TRC Companies [email protected] (510) 473-8421 Thank You! Backup Slides 16 What Other Agencies are Exempting 16 agencies in San Mateo and Santa Clara counties have adopted some form of reach code 32 agencies statewide 17 Common Concerns (1 of 2) Concern Response Distribution grid upgrades are expensive Sometimes true. Costs are offset by savings of all- electric construction. Resilience, power-shutoffs Real problem, but gas does not help. Gas appliance ignition is electric. In emergencies gas is also shut-off. State policy for grid hardening is key. Uniformity Fair Concern, but all-electric is simpler & not adopting ensures future risk. PCE and regional partners are encouraging consistency. All-electric is simple and inaction locks in future cost (retrofits, rates) and risk (fire). Central heat pump water heating requires more design expertise and space than gas boilers. True, training needed.There are scores of working systems, but best practice is still under development. We recommend exempting projects with significant space concerns (i.e., entitled projects). 18 Common Concerns (2 of 2) Concern Response All-Electric heating uses too much energy or can’t work in our cool climate False. All-electric heat pumps are highly efficient and effective in weather far colder than ours. DOE studies show heat pump space heaters as highly efficient at as little as 5 degrees Fahrenheit. Energy is not clean False. PCE base service is 80% GHG free today and targets 100% renewable “round the clock” by 2025 Equipment is not available Mostly false. Some scenarios for high-volume or steam applications are more challenging to address. Heat pumps and induction stoves have a long-established history, are widely adopted in other states, but market awareness needs to grow. PCE is addressing training needs. 19 San Mateo County Emissions •Upstream fugitive emissions are not accounted for so NG impact is likely significantly higher. •Air travel and embedded carbon of products not included 7% Current “Back of Envelope” Calculation 20 Fire & Health •Ignition Source: Natural gas is a significant fire ignition source o Pipeline fires: San Bruno, San Francisco o Half of earthquake fires •Safer Equipment: Induction ranges automatically turn off, eliminating a leading cause of house fires •Faster Recovery: Electrical distribution recovery is repaired faster than natural gas •Health: Gas stoves in homes increase children’s asthma risk by 42% Stoves: Consumer Reports Prefers Induction 6 of top 8 Ranges for 2020 were electric, top 2 were Induction 22 Natural Gas Costs Climbing Source: EIA https://www.eia.gov/dnav/ng/hist/n3010ca3m.htm https://www.eia.gov/electricity/data/browser/#/topic/7?agg=2,0,1&geo=g&freq=M CA residential natural gas prices increased 3x faster than electricity prices from 2012 to 2018 Trend expected to accelerate: 100 110 126 123 128 134 131 100 102 106 107 106 109 109 2012 2013 2014 2015 2016 2017 2018 CA Residential Gas and Electricity Prices Gas Electricity 2012 = 100 +4.6%/y +1.4%/y CEC Workshop June 6, 2019: Draft Results from E3 study on the Future of Natural Gas Distribution in California 23 PCE EV Charging Incentives Property Category Property Type Port Type Port Incentive Applicable Cap Existing Multi-Unit Dwelling L1 outlet $2,000 100% of project cost L2 EVSE port $6,500 85% of project cost Affordable Housing Multi-Unit Dwelling L1 outlet $2,500 100% of project cost L2 EVSE port $7,000 100% of project cost Workplace L1 outlet $2,000 100% of project cost Any Make Ready circuit**$2,000 $20,000 per property New Market Rate Multi-Unit Dwelling (Above Code) L1 outlet $1,000 $20,000 per property L2 EVSE port $2,000 $40,000 per property Affordable Housing Multi-Unit Dwelling L1 outlet $1,500 No cap L2 EVSE port $2,500 $100,000 per property New or Existing Any Resilient L2 or DCFC port $10,000 $50,000 per property Notes •Above incentives are nearly finalized, but may be revised in Q2 2020 •Additional incentives are available from a variety of resources. More information available upon request 24 Electric Vehicles -Single and Two-family New Construction 2016 CALGreen 2019 CALGreen PCE/SVCE Proposed Mandatory Mandatory Single Family Two -Family Townhome (1) Level 2 EV Capable for one parking space per dwelling unit 2 EV spaces total: •1 Level 2 EV Ready circuit •1 Level 1 EV Ready circuit ELECTRIC VEHICLE OUTLET 25 Electric Vehicles -Non-Residential, Office & Commercial 2016 CALGreen 2019 CALGreen Proposed Mandatory Mandatory Non-Residential 6% 10% 10% 30% •Over 100 spaces: option for 80kW DC Fast Charger per 100 spaces 6% 5% ELECTRIC VEHICLE OUTLET ∼6% Level 2 EV Capable (for buildings with at least 10 parking spaces) Office building: •10% Level 2 EVSE •10%Level 1 EV Ready •30% EV Capable or EV Ready Other nonresidential: Of all parking spaces, •6% Level 2 EVSE •5%Level 1 EV Ready 26 EV Inf. Cost Reduction Measures •Automatic Load Management Systems PCE Model EV Code “A control system which allows multiple EV chargers or EV-Ready electric vehicle outlets to share a circuit or panel and automatically reduce power at each charger…designed to deliver at least 1.4kW.” •Port-sharing “…dwelling unit parking spaces shall be provided with access to at least one Level 2 EV Ready circuit…” 1.8kW 1.8kW 1.8kW 1.8kW 3.6kW 3.6kW 7.2kW Load Management Example City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-451 Agenda Date:9/9/2020 Version:1 Item #:2. Update on the South Linden Avenue and Scott Street Grade Separation Planning Study (Bianca Liu,Senior Engineer/AECOM/Caltrain) RECOMMENDATION Staff recommends that the City Council receive a presentation pertaining to the four alternatives for the South Linden Avenue and Scott Street Grade Separation Project,and provide direction regarding a preferred alternative design. BACKGROUND/DISCUSSION The South Linden Avenue and Scott Street Grade Separation Project (Project)is proposed to improve safety and decrease expected future traffic delays due to growth in vehicle traffic,greater frequency of Caltrain service,and the eventual addition of high speed rail.South Linden Avenue is located in South San Francisco; Scott Street is in San Bruno.Although located in different cities,the two grade separations are proposed to be undertaken as a combined effort because of the close proximity (~one-third of a mile)to one another.This joint project is in the City of South San Francisco’s and the City of San Bruno’s current Capital Improvement Programs (CIP). On April 20,2016,the City of South San Francisco signed a Memorandum of Understanding (MOU)with the San Mateo County Transportation Authority,the City of San Bruno,and the Peninsula Corridor Joint Powers Board (JPB)to complete a Planning Study for the South Linden Avenue and Scott Street Grade Separation Project.All of the parties recognized the importance of exploring grade separations as a means of reducing the impacts of increased train service on traffic and safety at the South Linden Avenue and Scott Street railroad crossings. Since January 2018,City staff has been participating on the Project Development Team (PDT)which was formed to prepare the Planning Study.The team is primarily comprised of representatives from Caltrain,the City of San Bruno,and the City of South San Francisco,along with consultants AECOM and Apex Strategies which were hired by JPB.Currently,the planning phase of the project is funded.However,subsequent phases (environmental, design and construction) have not been funded yet. Six alternatives were originally developed for evaluation to achieve grade separations at South Linden Avenue and Scott Street.Two alternatives for creating the grade separation project were eliminated during the preliminary design analysis because they were infeasible given the project’s geometric constraints.One of the eliminated alternatives was for the train tracks to be raised while South Linden Avenue and Scott Street remain at their existing elevations.The other eliminated alternative was for the train tracks to be lowered while South Linden Avenue and Scott Street remained at their existing elevations. This left four alternatives for further investigation.The PDT evaluated the four remaining alternatives that appeared to be viable options for achieving grade separation at both South Linden Avenue and Scott Street while at a minimum maintaining pedestrian and bicycle crossings.The four alternatives are summarized in City of South San Francisco Printed on 9/4/2020Page 1 of 4 powered by Legistar™ File #:20-451 Agenda Date:9/9/2020 Version:1 Item #:2. Attachment 1 and are as follows: ·Alternative 1 - Hybrid Track Raised and Road Lowered. The clearance between the track and the road is created by raising the track and lowering the road. The road is lowered to pass under the tracks at South Linden Avenue. Scott Street would be closed to vehicles and a pedestrian/ bicycle overcrossing or undercrossing would be provided. ·Alternative 2 - Hybrid Road Raised and Track Lowered. The clearance between the track and the road is created by raising the road and lowering the track. The road is raised to pass over the tracks at South Linden Avenue. Scott Street would be closed to vehicles and a pedestrian/ bicycle overcrossing or undercrossing would be provided. ·Alternative 3 -Track At-Grade and Road Lowered.The tracks remain at their current elevation and the road is lowered to pass under the tracks at South Linden Avenue.Scott Street would be closed to vehicles and a pedestrian/bicycle overcrossing or undercrossing would be provided. ·Alternative 4 - Track At-Grade and Road Raised. The tracks remain at their current elevation and the road is raised to pass over the tracks at South Linden Avenue. Scott Street would be closed to vehicles and a pedestrian/ bicycle overcrossing or undercrossing would be provided. Project Public Engagement On August 16,2018,the first community meeting was held at the South San Francisco Conference Center.The meeting was open to residents from both South San Francisco and San Bruno.At the community meeting representatives from Apex Strategies and AECOM presented the four alternatives that would allow for grade separation at South Linden Avenue and Scott Street. On September 26, 2018, the project team presented the Project to South San Francisco’s City Council. On October 9,2018,the project team presented the Project to San Bruno’s City Council.San Bruno City Council expressed that continuing to develop alternatives that closed Scott Street to automobiles without having detailed traffic analysis was not acceptable.Therefore,City Council directed San Bruno staff and the project team to pursue a traffic study focused on the implications of closing Scott Street and explore the possibility of grade separating Scott St. for motorists, pedestrians and cyclists. On August 28,2019,a San Bruno only community meeting was held at the Legion Hall in San Bruno.The project team presented three alternatives:(a)no grade separation at Scott Street,(b)Scott Street grade separated for pedestrians and bicyclists but closed to motorists,and (c)Scott Street grade separated for pedestrians, bicyclists and motorists. Overall, residents were opposed to Option c and in favor of Option a or b. On November 26,2019,the project team presented three alternatives to San Bruno City Council:(a)no grade separation at Scott Street,(b)Scott Street grade separated for pedestrians and bicyclists but closed to motorists, and (c)Scott Street grade separated for pedestrians,bicyclists and motorists.San Bruno City Council recommended staff move forward with option (b)Scott Street grade separated for pedestrians and bicyclists but closed to motorists. City of South San Francisco Printed on 9/4/2020Page 2 of 4 powered by Legistar™ File #:20-451 Agenda Date:9/9/2020 Version:1 Item #:2. On January 15,2020,the project team provided an update on the status of the project to South San Francisco’s City Council which included potential construction impacts from the temporary shoofly required for three of the four alternatives. Since our last City Council update,the PDT planned to host a third community meeting on Monday,March 23, 2020,but due to the Statewide shelter-in-place order which was put in place the week prior,the meeting was postponed.The proposed meeting was to be the last community meeting regarding this phase of the planning effort. Given these unprecedented times,the project team decided to have a “virtual”third community meeting for the South Linden Avenue and Scott Street Grade Separation Project on June 22,2020 and supplement the meeting with “poster boards”(.pdf form)on a designated City web page and a follow-up live “virtual”Question and Answer (Q&A) session on June 24, 2020 to answer questions received from the community. Two meeting mailers were created:one for residents and community members and one specifically for potentially impacted businesses.The mailers that were created for the March community meeting were updated with the virtual meeting information,posted on the Cities’websites,and mailed to owners and residents in the project vicinities for both Cities (see Attachment 3).The meeting notification encouraged the attendees for the Q&A session to have previously reviewed the web posted presentation from the first session. In all notifications the community was also encouraged to provide email input through the remainder of June 2020. Public outreach prior to the meeting included reaching out to all of the potentially impacted property owners along South Linden Avenue,Shaw Road and on Dollar Avenue by phone and following-up with emails.Contact was also made with all current business owners for each of those same properties.Property owners and tenants were offered an email version of the meeting notice and received a mailed version of that notice.Additional South San Francisco outreach included an e-mail to the City e-mail distribution list,posting on the City’s and Public Works Department’s social media pages and NextDoor.South San Francisco staff also did an additional e-mail notification for the Q&A session in between the two events.All of the meeting information was also posted on the City’s website. The two events were attended by 21 and 18 attendees,respectively.The first meeting was well attended by business tenants on South Linden Avenue.The comments and feedback received are summarized in Attachment 4. Staff Recommendation After reviewing the advantages and disadvantages of each alternative summarized in Attachment 2,staff recommend Alternative 1 for the following reasons: 1.It is more likely to obtain funding because it is the most fiscally feasible 2.It has the least amount of property impacts 3.It has the fastest construction period City of South San Francisco Printed on 9/4/2020Page 3 of 4 powered by Legistar™ File #:20-451 Agenda Date:9/9/2020 Version:1 Item #:2. Project Schedule Due to the project delays that resulted from the shelter-in-place order,the following are the new key milestones and dates on the schedule: August/September 2020 - Select a preferred alternative March 2021 - Complete planning study document FISCAL IMPACT There is no fiscal impact to receiving this update and providing direction on a preferred alternative. RELATIONSHIP TO STRATEGIC PLAN Providing a grade separation at South Linden Avenue would contribute to the City’s Strategic Plan outcome of improved quality of life by improving traffic circulation and increasing public safety. CONCLUSION As a final step before concluding the preliminary planning phase,staff is requesting that the City Council review each alternative presented in the presentation and provide direction to staff on a preferred alternative design.The production of a clearly defined preliminary planning document with a preferred alternative will put the City in a stronger position when pursuing future grant and funding opportunities.The final goal of a comprehensive planning document is to advance the City’s grade separation project in order to fund the next phases of the project. Attachments: 1.Summary of Alternatives 2.Advantages and Disadvantages Summary 3.June Community Meeting Mailers 4.June Community Meeting Questions and Comments 5.PowerPoint Presentation City of South San Francisco Printed on 9/4/2020Page 4 of 4 powered by Legistar™ Attachment 1 Attachment 2 : Summary of Advantages and Disadvantages SOUTH LINDEN AVENUE & SCOTT STREET GRADE SEPARATION VIRTUAL COMMUNITY MEETING AND FOLLOW-UP Q&A DISCUSSION (See back for dates, times, and links) You are invited to attend a Virtual Community Meeting to provide feedback about the South Linden Avenue and Scott Street Grade Separation Project. The meeting will be held on June 22 and start with a presentation followed immediately by a Q&A discussion. On June 24, there will be follow-up opportunity for Q&A (discussion only). You may provide written public comments until July 1. (See back for contact information.) The purpose of the project is to evaluate alternatives and options for railroad grade separations at South Linden Avenue in South San Francisco and Scott Street in San Bruno. The meeting will include information on alternatives and options that allow: Vehicles to pass under or over the railroad at South Linden Avenue Pedestrians/bicyclists (only) to pass under or over the railroad at Scott Street SEPARACIÓN DE GRADO DE LA AVENIDA SOUTH LINDEN & LA CALLE SCOTT REUNIÓN VIRTUAL COMUNITARIA Y DISCUSIÓN DE PREGUNTAS Y RESPUESTAS (Mire atrás para fechas, tiempos, y enlaces) Este invitado a asistir la reunión virtual comunitaria para dar su opinión y sugerencias sobre la planificación del proyecto de separación de grado de la Avenida South Linden y la Calle Scott. La reunión se llevará a cabo el 22 de junio y comenzará con una presentación seguida inmediatamente por una discusión de preguntas y respuestas solamente. El 24 de junio habrá una oportunidad de seguir la discusión de preguntas y respuestas. Usted podrá proveer comentarios públicos hasta el 1ero de julio. (El lado de atrás contiene información de contacto.) El propósito del proyecto es evaluar alternativas y opciones de separación de grado en la Avenida South Linden sobre el crucero de ferrocarril en South San Francisco y la Calle Scott sobre el crucero de ferrocarril en San Bruno. La reunión comunitaria incluirá informes sobre varias alternativas y opciones que permite a: Vehículos pasar debajo o sobre del ferrocarril en la avenida South Linden Peatones/ciclistas(solamente) pasar debajo o sobre del ferrocarril en la calle Scott We need your feedback by July 1! ¡Necesitamo s sus comentarios antes del 1 de julio! COMMUNITY MEETING REUNIÓN COMUNITARIA Attachment 3 COMMUNITY MEETING SOUTH LINDEN AVENUE & SCOTT STREET GRADE SEPARATION REUNIÓN COMUNITARIA SEPARACIÓN DE GRADO DE LA AVENIDA SOUTH LINDEN & LA CALLE SCOTT What: Virtual Community MeetingWhen: Monday, June 22, 2020 6:00 p.m.– 8:00 p.m.Link: https://zoom.us/j/94849150437 Or Telephone: Phone Number: 1 (669) 900-9128 Webinar ID: 948 4915 0437 What: Linden Scott Q&A Session*When: Wednesday, June 24, 2020 4:00 p.m.– 5:30 p.m.Link: https://zoom.us/j/92328425584 Or Telephone: Phone Number: 1 (669) 900-9128 Webinar ID: 923 2842 5584 * If you missed the presentation at the Virtual Community Meeting, please view the recording of the presentation prior to this Q&A Session. The recording can be found at the Cities’ websites noted below. Qué: Reunión Virtual ComunitariaCuándo: Lunes, 22 de junio de 2020 6:00 p.m.– 8:00 p.m.Enlace: https://zoom.us/j/94849150437 O teléfono: Phone Number: 1 (669) 900-9128 Webinar ID: 948 4915 0437 Qué: Sesión de Preguntas y Repuestas**Cuándo: Miércoles, 24 de junio de 2020 4:00 p.m.– 5:30 p.m.Enlace: https://zoom.us/j/92328425584 O teléfono: Phone Number: 1 (669) 900-9128 Webinar ID: 923 2842 5584 ** Si se perdió la presentación de la reunión virtual comunitaria, por favor revise la grabación de la presentación antes de la sesión de preguntas y respuestas. La grabación de la presentación se encuentra en los sitios web de las ciudades, indicadas abajo. For more information and to provide written comments contact: Para más información comuníquense con: Public Works Department City of San Bruno, (650) 616-7065, [email protected] https://tinyurl.com/ScottStGradeSep Public Works Department City of South San Francisco, (650) 829-6652, [email protected] https://www.ssf.net/SoLindenGS COMMUNITY MEETING REUNIÓN COMUNITARIA SOUTH LINDEN AVENUE & SCOTT STREET GRADE SEPARATION Please be advised that your property has been identified as being potentially impacted by the South Linden Avenue and Scott Street Grade Separation Planning Project. VIRTUAL COMMUNITY MEETING AND FOLLOW-UP Q&A DISCUSSION (See back for dates, times, and links) You are invited to attend a Virtual Community Meeting to provide feedback about the South Linden Avenue and Scott Street Grade Separation Project. The meeting will be held on June 22 and start with a presentation followed immediately by a Q&A discussion. On June 24, there will be follow-up opportunity for Q&A (discussion only). You may provide written public comments until July 1. (See back for contact information.) The purpose of the project is to evaluate alternatives and options for railroad grade separations at South Linden Avenue in South San Francisco and Scott Street in San Bruno. The meeting will include information on alternatives and options that allow: Vehicles to pass under or over the railroad at South Linden Avenue Pedestrians/bicyclists (only) to pass under or over the railroad at Scott Street SEPARACIÓN DE GRADO DE LA AVENIDA SOUTH LINDEN & LA CALLE SCOTT Este aviso sirve para notificarlo/a que su propiedad ha sido identificada como una que potencialmente puede ser impactada por el proyecto de separación de grado de la Avenida South Linden y la Calle Scott. REUNIÓN VIRTUAL COMUNITARIA Y DISCUSIÓN DE PREGUNTAS Y RESPUESTAS (Mire atrás para fechas, tiempos, y enlaces) Este invitado a asistir la reunión virtual comunitaria para dar su opinión y sugerencias sobre la planificación del proyecto de separación de grado de la Avenida South Linden y la Calle Scott. La reunión se llevará a cabo el 22 de junio y comenzará con una presentación seguida inmediatamente por una discusión de preguntas y respuestas solamente. El 24 de junio habrá una oportunidad de seguir la discusión de preguntas y respuestas. Usted podrá proveer comentarios públicos hasta el 1ero de julio. (El lado de atrás contiene información de contacto.) El propósito del proyecto es evaluar alternativas y opciones de separación de grado en la Avenida South Linden sobre el crucero de ferrocarril en South San Francisco y la Calle Scott sobre el crucero de ferrocarril en San Bruno. La reunión comunitaria incluirá informes sobre varias alternativas y opciones que permite a: Vehículos pasar debajo o sobre del ferrocarril en la avenida South Linden Peatones/ciclistas(solamente) pasar debajo o sobre del ferrocarril en la calle Scott We need your feedback by July 1! ¡Necesitamo s sus comentarios antes del 1 de julio! COMMUNITY MEETING SOUTH LINDEN AVENUE & SCOTT STREET GRADE SEPARATION REUNIÓN COMUNITARIA SEPARACIÓN DE GRADO DE LA AVENIDA SOUTH LINDEN & LA CALLE SCOTT For more information and to provide written comments contact: Para más información comuníquense con: Public Works Department City of San Bruno, (650) 616-7065, [email protected] https://tinyurl.com/ScottStGradeSep Public Works Department City of South San Francisco, (650) 829-6652, [email protected] https://www.ssf.net/SoLindenGS What: Virtual Community MeetingWhen: Monday, June 22, 2020 6:00 p.m.– 8:00 p.m.Link: https://zoom.us/j/94849150437 Or Telephone: Phone Number: 1 (669) 900-9128 Webinar ID: 948 4915 0437 What: Linden Scott Q&A Session*When: Wednesday, June 24, 2020 4:00 p.m.– 5:30 p.m.Link: https://zoom.us/j/92328425584 Or Telephone: Phone Number: 1 (669) 900-9128 Webinar ID: 923 2842 5584 * If you missed the presentation at the Virtual Community Meeting, please view the recording of the presentation prior to this Q&A Session. The recording can be found at the Cities’ websites noted below. Qué: Reunión Virtual ComunitariaCuándo: Lunes, 22 de junio de 2020 6:00 p.m.– 8:00 p.m.Enlace: https://zoom.us/j/94849150437 O teléfono: Phone Number: 1 (669) 900-9128 Webinar ID: 948 4915 0437 Qué: Sesión de Preguntas y Repuestas**Cuándo: Miércoles, 24 de junio de 2020 4:00 p.m.– 5:30 p.m.Enlace: https://zoom.us/j/92328425584 O teléfono: Phone Number: 1 (669) 900-9128 Webinar ID: 923 2842 5584 ** Si se perdió la presentación de la reunión virtual comunitaria, por favor revise la grabación de la presentación antes de la sesión de preguntas y respuestas. La grabación de la presentación se encuentra en los sitios web de las ciudades, indicadas abajo. Attachment 4: Summary of Comments and Questions Table 1 – Summary of Comments and Questions from June 22nd Virtual Meeting No. Comment/Question Response 1 Is anyone else having trouble hearing the speaker? Yes. (Meeting was paused for speaker to reconnect audio.) 2 How much space beside the track is required for the shoofly track? About 27 feet... for enough space to build a retaining wall and enough clearance to the shoofly itself. 3 Have you looked at eliminating the Scott Street crossing altogether and saving the money? Why do we need both crossings if Scott Street will be ped/bike only? Yes, many options were looked at. There was an alternative to "do nothing," which was to keep the crossing open at- grade under its current configuration. San Bruno City Council opted to close Scott St to vehicular traffic and provide a bike/ped crossing in August 2019. 4 Eliminating the vehicle crossing would keep commercial traffic and parking out of the neighborhood Comment noted. 5 The truth is, we need the Scott St crossing for vehicles. It is one of only three ways out of our neighborhood. This is a safety issue for those of us who actually live in this neighborhood. And your commission does not need to justify your existence by disrupting our safety. A traffic study was completed to determine that Scott Street could be closed to vehicles while still maintaining acceptable Level of Services at the project intersections and nearby intersections. 6 What is the timeline for the decision? Who is ultimately responsible for the decision? Both cities will be providing staff reports based on feedback from tonight their City Council to make a decision. The decisions will be made in August 2020. 7 Our neighborhood does recognize that San Bruno City Council DID make a decision to shut down Scott Street. We also recognize that our San Bruno City Council did NOT give consideration to what was best for our 5th Edition neighborhood traffic and was in fact not responsive to our needs. So, telling us that the decision has already been made and we should just suck it up, is very disrespectful to those of us stuck with the ramifications of the councils’ decision. Comment noted. 8 Thank you. You are welcome. Table 2– Summary of Comments and Questions from June 24th Q&A Session No. Comment/Question Response 1 For those who own houses on Scott Street what are the initiatives taken to help those families who are bilingual to understand this project more? There were bilingual notices sent to residents throughout the life of this project. Materials have been translated into Spanish. Interpreters have been available at previous meetings. If someone calls the City of San Bruno Public Works Department and needs interpretation services, the City has the ability to provide those in Spanish. 2 I want to ask about the option of lowered rail. Will the city low the rail itself or the city will fill the surroundings to make the rail relatively "lower"? For Alternative 2, the rail will be lowered and the land adjacent to it will remain as it is today except Dollar Ave will be raised just south of Linden to match the raised roadway profile of Linden. 3 Ok. It means there will be no excavation work in surrounding areas. Right? That is correct. 4 If it is, the city should clarify it in the post. Otherwise, the residents will concern it is a trick proposal to force Option C. NOTE: Option are defined as (a) no grade separation at Scott Street, (b) Scott Street grade separated for pedestrians and bicyclists but closed to motorists, and (c) Scott Street grade separated for pedestrians, bicyclists and motorists. Comment noted. 5 Can you tell me where I can find the Monday meetings slide please? https://tinyurl.com/ScottStGradeSep or https://www.ssf.net/SoLindenGS 6 Thank you. I know Option A, B, C well. The issue is the diagram in the link below still shows Option C at front: https://www.sanbruno.ca.gov/gov/city_department/public_ works/transportation/south_linden_avenue_scott_street_ grade_separations_project.htm Thank you for flagging that. Website will be updated. 7 Question about grade after project completed - will rail be lowered or surrounding ground be raised? If that option is chosen, the rail would be lowered, the ground would stay as it is. 8 Prefers overpass option at Scott Street for safety, homeless issue. Also suggests a sound wall. Comment noted. No. Comment/Question Response 9 I have a comment. I agree with what the previous speaker is saying we want to reduce crime and keep in mind there is an increase of volume of people passing by on Scott Street due to the surrounding businesses FedEx, BART, Tanforan Mall, etc. Comment noted. 10 Let me summarize here first. I propose overcrossing at Scott Street, because undercrossing has the following three big disadvantages:  The homeless will stay in the underground tunnel.  It builds a dark, soundproofed place for crime with Caltrain above covering cries for help.  Storm water issue and potential toxic ingredients underground. Comment noted. 11 If Option C has been clearly denied and we will go Option B, could the city officer avoid presenting any excavation diagrams? It causes panic. Comment noted. 12 Why are you still discussing the denied Option C which are Alt 1, 2, 3 in your spread sheet? The discussion of the road being lowered or raised is referring to South Linden only (not Scott). 13 Thank you for hosting these meetings. I found them very helpful and informative. Your graphics are very easy to understand. Thank you. This summary of the meeting was prepared by Eileen Goodwin, Apex Strategies. South Linden Avenue & Scott Street Grade Separation Planning Study City Council Meeting September 9, 2020 Attachment 5 South Linden Avenue and Scott Street Grade Separation Planning Study 2 Community Engagement Schedule South Linden Avenue and Scott Street Grade Separation Planning Study 3 August 2018 SSF & San Bruno Community Meeting #1 (four alternatives) June/September 2018 Council Updates August 2019 San Bruno Only Community Meeting #2 November 2019 San Bruno City Council Update (ped/bike crossing only at Scott St preferred) January 2019 SSF City Council Update March 2020 June 2020 Virtual Community Meeting #3 August/September 2020 City Council (select preferred alternative) Work Done to Date South Linden Avenue and Scott Street Grade Separation Planning Study 4 City-Led Grade Separation Efforts South Linden Avenue and Scott Street Grade Separation Planning Study 5 City-Led Grade Separation Efforts South Linden Avenue and Scott Street Grade Separation Planning Study Project Location Map To San Francisco To San Jose City of San Bruno City of South San Francisco South Linden Ave Scott St Colma Creek 1850 feet N I-380 South Linden Avenue and Scott Street Grade Separation Planning Study 7 Four Alternatives to Evaluate for Grade Separation Alternative 2: Hybrid (Track Lowered, Linden Ave Raised) Alternative 1: Hybrid (Track Raised, Linden Ave Lowered) Alternative 3: Rail at grade with Linden Ave Underpass Alternative 4: Rail at grade with Linden Ave Overpass South Linden Avenue Rail Partially Lowered/Roadway Partially Elevated South Linden Avenue and Scott Street Grade Separation Planning Study 8 Alternative 1: Hybrid (Track Raised, Linden Ave Lowered) South Linden Avenue Layout South Linden Avenue and Scott Street Grade Separation Planning Study 9 Alternative 2: Hybrid (Track Lowered, Linden Ave Raised) South Linden Avenue Layout South Linden Avenue and Scott Street Grade Separation Planning Study 10 Alternative 3: Rail at grade with Linden Ave Underpass South Linden Avenue Layout South Linden Avenue and Scott Street Grade Separation Planning Study 11 Alternative 4: Rail at grade with Linden Ave Overpass South Linden Avenue Layout South Linden Avenue and Scott Street Grade Separation Planning Study 12 Advantages & Disadvantages of Grade Separation Alternatives Alternative Advantages Disadvantages Least Property Impacts Lowest Cost (Probable) Shortest Construction Period (~2 to 3 years) Shoofly Required Reduces Train Noise (Rail Elevation Lowered) More Property Impacts than Alt 1 Shoofly Required High Cost, (~1.6 to 2.0 times more than Alternative 1) Construction Period (~3 to 4 years) Rail Remains At-Grade More Property Impacts than Alt 1 Limits Access to Adjacent Properties Greatest Impacts to Sidestreets Shoofly Required High Cost (~1.2 to 1.6 times more than Alternative 1) Construction Period (~3 to 4 years) Rail Remains At-Grade No Shoofly Required Greatest Property Impacts Visual impacts High Cost (~1.3 to 1.7 times more than Alternative 1) Construction Period (~3 to 4 years) South Linden Avenue Rail Partially Lowered/Roadway Partially Elevated South Linden Avenue Rail Partially Elevated/Roadway Partially Lowered South Linden Avenue Rail at-grade, Roadway Lowered South Linden Avenue Rail at-grade, Roadway Elevated City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-398 Agenda Date:9/9/2020 Version:1 Item #:3. Report regarding a resolution awarding a construction contract to Golden Bay Construction,Inc of Hayward, California for the Linden Avenue Phase 2 and Spruce Avenue Traffic Calming Improvements Project (Project No.st1602),Federal-Aid Project No.ATPL-5177(037)in an amount not to exceed $1,094,883.00 and authorizing a total construction budget of $1,313,883.00. (Angel Torres, Senior Civil Engineer) RECOMMENDATION It is recommended that the City Council adopt a resolution awarding a construction contract to Golden Bay Construction,Inc.of Hayward,California for the Linden Avenue Phase 2 and Spruce Avenue Traffic Calming Improvements Project (Project No.st1602)in an amount not to exceed $1,094,883.00 and authorizing a total construction budget of $1,313,883.00. BACKGROUND/DISCUSSION The purpose of this project is to improve safety for pedestrians and bicyclists at key intersections along Spruce Avenue and along the Linden Avenue corridor,helping to mitigate conflicts with motor vehicles and encourage economic development.This will be accomplished by increasing driver awareness by installing traffic calming treatments such as curb extensions/bulb-outs,advanced stop bars at stop-controlled approaches,high reflectivity thermoplastic crosswalks,solar-powered rectangular rapid flashing beacons,adding state approved “green”color “sharrows”,and signage to increase awareness of the mixed-use bicycle and vehicle lanes.These features will also enhance pedestrian access to schools,transit stops and promote bicycle usage along the Linden Avenue corridor.The Linden Avenue Phase 2 and Spruce Ave Traffic Calming Improvements Project is the culmination of two separate City projects along this corridor,as described below and shown on Attachment 1 (Project Location Map).The projects are designed as one comprehensive project,but will be constructed in two phases. City Project st1601 Linden Avenue Phase 1 Traffic Calming Improvements,currently in construction,includes work at two intersections,starting just south of Pine Avenue to just north of Aspen Avenue.That project was awarded a City/County Association of Governments (C/CAG)Transportation Development Act (TDA)grant. City Project st1602 Linden Avenue Phase 2 and Spruce Avenue Traffic Calming Improvements includes work at three intersections,starting just south of Miller to just north of California,and along Spruce Avenue between Maple Avenue and Tamarack Lane which was awarded a ATP grant. Previous advertisement of the Phase 2 project in July/August of 2019 provided bid proposals that exceeded the funding available,which forced staff to forgo awarding a construction contract.Since then,staff has been working with the designer to modify the scope of work on the two projects without compromising the grant funding requirements.The modification in scope included removing bulb-outs on the side streets,and only having a bulb-out on the Linden portion of the intersections.This included reducing the size of the storm drain biofiltration (bioswale)areas and switching from a bi-directional curb ramp at each corner to standard single curb ramps.In doing so,estimated construction costs were reduced to meet the available funding budgets for both projects. In order to implement the pedestrian traffic safety and traffic calming features at the intersections along Linden City of South San Francisco Printed on 12/23/2020Page 1 of 3 powered by Legistar™ File #:20-398 Agenda Date:9/9/2020 Version:1 Item #:3. In order to implement the pedestrian traffic safety and traffic calming features at the intersections along Linden Avenue on these two City projects,parking spaces will be reduced by at most seven (7)vehicle spaces located along Linden Avenue, or on the side streets as shown on Attachment 2 (Parking Reduction Exhibit). Staff advertised a notice inviting bids for the project on March 5,2020 and again on March 12,2020.On March 17,2020,staff issued Addendum No.01 to postpone the bid opening date due to COVID-19.On April 8,2020, staff issued Addendum No.02 to further postpone the bid opening date due to COVID-19.On June 4,2020, staff issued Addendum No.03 amending the bid item schedule with addition of bid items for replacing existing storm drain culverts and traffic loop detectors within limits of improvements at Miller and Linden.On June 23, 2020,staff issued Addendum No.04 amending the bid item schedule by adjusting estimated quantities and adding bid item for new signs within the original scope of work.On June 25,2020,staff issued Addendum No. 05 to postpone the bid opening date.On July 10,2020,staff issued Addendum No.06 to permit the City to host a community meeting for Old Town neighborhood,transition to the new online bidding system and to reduce the allotted working days (WD’s)from 120 to 90 WD’s so as to complete the construction work within the ATP grant allotted time for submitting a full reimbursement request. On August 20,2020,staff received six bids in response.The lowest responsible bidder was Golden Bay Construction,Inc.of Hayward,California.Staff has verified the low bidder’s current contractor’s license with the California State Licensing Board and found it to be in good standing. Public Works contracts are ordinarily awarded to the lowest responsible bidder whose bid is responsive to the solicitation. (Public Contract Code §20166.) The following is a summary of all bids received: Base Bid Amount Golden Bay Construction, Inc. of Hayward, California $1,094,883.00 Redgwick Construction Co. of Oakland, California $1,197,091.00 Interstate Grading & Paving, Inc. of South San Francisco, California $1,276,637.00 Sposeto Engineering, Inc. of Livermore, California $1,377,336.25 R&S Construction Management, Inc. of San Francisco, California $1,454,061.00 Minerva Construction, Inc. of San Francisco, California $1,471,172.00 The Engineer’s estimate is:$1,467,820.20 The project budget is: Graham Contractors, Inc. Construction Contract $1,094,883.00 Construction Contingency (20%)$219,000.00 Total Project Budget $1,313,883.00 The construction contingency will be used for any additional costs related to design changes during the construction operations. The project utilizes federal funds,and therefore the contract requires Disadvantage Business Enterprise (DBE) participation from subcontractors and suppliers. The construction DBE goal for the project is 20%. City of South San Francisco Printed on 12/23/2020Page 2 of 3 powered by Legistar™ File #:20-398 Agenda Date:9/9/2020 Version:1 Item #:3. FISCAL IMPACT/FUNDING The project is currently funded in the City of South San Francisco’s Fiscal Year 2020-21 Capital Improvement Program (Project No.st1602)with sufficient funds allocated to cover the Total Project Budget.The program includes $868,000 of ATP grant funds with the remaining funding coming from the General Fund,Measure A Gas Tax, and Road Maintenance and Rehab (SB1) funding sources. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by maintaining and improving infrastructure to serve the public. CONCLUSION Awarding the construction contract to Golden Bay Construction,Inc.of Hayward,California,for the Linden Avenue Phase 2 and Spruce Avenue Traffic Calming Improvements Project that will address the need to improve safety for pedestrians and bicyclists and help mitigate conflicts between pedestrians,bicyclists and motor vehicles and encourage economic development. Attachments: 1.Project Location Map 2.Parking Reduction Exhibit 3.Presentation City of South San Francisco Printed on 12/23/2020Page 3 of 3 powered by Legistar™ City of South San Francisco, DPW – Engineering Division Linden Avenue Phase 2 and Spruce Ave Traffic Calming Improvements CIP ST1602, Federal Aid Project ATPL-5177(037) Attachment 1 – Project Location Map Phase 2 Phase 2 Phase 2 Phase 1 Intersection Traffic Calming Improvements Rectangular Rapid Flashing Beacon (RRFB) Attachment 2 Linden Phase 2 & Spruce Ave Traffic Calming Improvements September 9, 2020 Federal-Aid Project No. ATPL-5177(037) City Project st1602 Attachment 3 AGENDA Project Overview Linden Ave Phase I (North) (In Construction) Linden Ave Phase II (South) Spruce Ave Project Benefits Bid Results Budget Construction Schedule 2 Linden and Spruce Avenue Overview 3 ADA Bulbout Curb Ramp With High Visibility Crosswalks Rectangular Rapid Flashing Beacon Linden Avenue Phase II 4 Bulbout Section Parking Section 5 Bulbout Curb Ramps Bulbout Benefits All-Way Stop at Linden & Lux 6 Bid Results 7 1.Golden Bay Construction 2.Redgwick Construction 3.Interstate Grading & Paving 4.Sposeto Engineering, Inc. 5.R&S Construction Management 6.Minerva Construction, Inc. Engineers Estimate $1,094,883.00 $1,197,091.00 $1,276,637.00 $1,377,336.25 $1,454,061.00 $1,471,172.00 $1,467,520.20 Project Budget Linden Phase 2 & Spruce (Design & Construction) 8 ATP Grant $868,000 General Fund $300,000 SMC TA Measure A $523,000 Grant Funding Governmental Funding PROJECT BUDGET $3,191,000 SB1 Rd Maint $1,500,000 Construction Schedule (tentative) 9 Construction Duration October 2020 –March 2021 Project Closeout April -May 2021 THANK YOU! 10 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:20-399 Agenda Date:9/9/2020 Version:1 Item #:3a. Resolution awarding a construction contract to Golden Bay Construction,Inc.of Hayward,California for the Linden Avenue Phase 2 and Spruce Avenue Traffic Calming Improvements Project (Project No.st1602), Federal-Aid Project No.ATPL-5177(037)in an amount not to exceed $1,094,883.00 and authorizing a total construction budget of $1,313,883.00. WHEREAS,the purpose of this project is to improve safety for pedestrians and bicyclists at key intersections along Spruce Avenue and along the Linden Avenue corridor,helping to mitigate conflicts with motor vehicles and encourage economic development; and WHEREAS,Golden Bay Construction,Inc.of Hayward,California was the lowest responsible bidder and provided competitive unit prices; and WHEREAS,staff recommends awarding the construction contract to Golden Bay Construction,Inc.of Hayward, California in an amount not to exceed $1,094,883.00, which is the total for the base bid; and WHEREAS,staff also recommends that the City Council authorize a construction budget of $1,094,883.00, with additional $219,000.00 contingency, for a total a construction budget of $1,313,883.00; and WHEREAS,the project is included in the City of South San Francisco’s Fiscal Year 2020-21 Capital Improvement Program (Project No.st1602)with sufficient funds allocated to cover the total construction budget. 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 and incorporated herein as Exhibit A,for the Linden Avenue Phase 2 and Spruce Avenue Traffic Calming Improvements Project to Golden Bay Construction,Inc.of Hayward,California,in an amount not to exceed $1,094,883.00 conditioned on Golden Bay Construction,Inc.’s timely execution of the Project contract and submission of all required documents,including but not limited to,certificates of insurance and endorsement,in accordance with the Project documents. BE IT FURTHER RESOLVED the City Council authorizes a total construction budget of $1,313,883.00 and authorizes the City Manager to utilize unspent amount of the total Project,if necessary,towards additional construction contingency budget. BE IT FURTHER RESOLVED the City Council authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the construction contract City of South San Francisco Printed on 12/23/2020Page 1 of 2 powered by Legistar™ File #:20-399 Agenda Date:9/9/2020 Version:1 Item #:3a. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the construction contract in substantially the same form as Exhibit A and any other related documents on behalf of the City upon timely submission by Golden Bay Construction,Inc.of the signed contract and all other documents,subject to approval by the City Attorney. BE IT FURTHER RESOLVED that the City Council authorizes the City Manager to take any other related actions consistent with the intention of the resolution. ***** City of South San Francisco Printed on 12/23/2020Page 2 of 2 powered by Legistar™ Page A-1 of A-9 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 GOLDEN BAY CONSTRUCTION, INC., hereinafter called “CONTRACTOR”1. W I T N E S S E T H: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on ____________, notice duly given, the City Council (“Council”) of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements. WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions, and conditions set forth in the General Provisions and other Contract Documents. IT IS AGREED as follows: 1.Scope of Work. Contractor shall perform the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the LINDEN AVENUE PHASE 2 AND SPRUCE AVENUE TRAFFIC CALMING IMPROVEMENTS PROJECT, PROJECT NO. ST1602; BID NO. 2640, FEDERAL-AID PROJECT NO. ATPL-5177(037); 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. 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. Exhibit A Page A-2 of A-9 (D) Part II – General Conditions (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 04/20/2019 (F) Part IV – Project Plans, approved 03/05/2020 (G) Administrative subsections of the State Standard Specifications dated 2015, as specifically referenced in contract Parts I-IV and as revised in RSS dated 04/20/2019 All rights and obligations of City and Contractor are fully set forth and described in the contract documents. All of the above-named documents are intended to cooperate, so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as “the Contract Documents.” 3. Equipment - Performance of Work. Contractor shall furnish all tools, equipment, apparatus, facilities, labor, and materials necessary to perform and complete in a good and workmanlike manner the Work of general construction as called for, and for the manner designated in, and in strict conformity with, the plans and specifications for said Work entitled: LINDEN AVENUE PHASE 2 AND SPRUCE AVENUE TRAFFIC CALMING IMPROVEMENTS PROJECT - ATP PROJECT NO. ST1601; BID NO. 2639 FEDERAL-AID PROJECT NO. ATPL-5177(037) 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 ONE MILLION, NINETY FOUR THOUSAND, EIGHT HUNDRED EIGHTY THREE DOLLARS ($1,094,883.00). 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) Page A-3 of A-9 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 any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to terminate this Agreement, such notice to contain the reasons for such intention to terminate this Agreement, and unless within five calendar (5) days after the serving of such notice, such violation shall cease and satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and terminate. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor’s sureties who will be liable therefore. In the event of such termination, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor’s sureties from liability or failure to fulfill the contract. The Contractor and the Contractor’s sureties will be credited with the amount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension termination of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension termination or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 7. Termination of Contract for Convenience. The City also reserves the right to terminate the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that termination of the contract is in the best interest of the City. If the City elects to terminate the contract for convenience, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following: (A) The City will issue the Contractor a written notice signed by the Engineer, specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section VII- 17, "Contractor's Responsibility for the Work," of the General Conditions and, except as otherwise directed in writing by the Engineer, the Contractor shall: (1) Stop all work under the contract except that specifically directed to be completed prior to acceptance. (2) Perform work the Engineer deems necessary to secure the project for termination. (3) Remove equipment and plant from the site of the Work. (4) Take such action as is necessary to protect materials from damage. Page A-4 of A-9 (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 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. Page A-5 of A-9 (D) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: (1) The reasonable cost to the Contractor, without profit, for all work 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 A-9 8. Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within five (5) working days after giving them said notice of termination, do not give the City written notice of their intention to take over the performance of the Agreement and do not commence performance thereof within five (5) working days after notice to the City of such election, City may take over the Work and prosecute the same to completion by contract or by any other method it may deem advisable, for the account, and at the expense, of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of and utilize in completing the Work such materials, appliances, plant, and other property belonging to Contractor as may be on the site of the Work and necessary therefore. Should Contractor contract in an individual capacity, the surety bond shall contain the following provision: “Should Contractor contract in the Contractor’s individual capacity, the death of the Contractor shall not relieve the surety of its obligations.” 9. Hold-Harmless Agreement and Contractor's Insurance. Contractor agrees to, and shall, hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused, by reason of any of the aforesaid operations, provided as follows: (A) The City does not, and shall not, waive any rights against Contractor which it may have by reason of the aforesaid hold-harmless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15, “Insurance” hereof. (B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 10. Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance: (A) Workers' Compensation and Employers' Liability Insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work of this contract". (B) Comprehensive General Liability Insurance. Page A-7 of A-9 Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations, personal injury and contractual): (1) Bodily Injury Liability: $ 500,000 each person $1,000,000 each occurrence (2) Property Damage Liability [includes XCU (explosion, collapse, and underground damage); water damage and broad form property damage or third party liability]: $ 500,000 per occurrence (C) Comprehensive Automobile Liability Insurance (includes owned, non-owned, and hired vehicles): (1) Bodily Injury Liability: $ 500,000 per person $1,000,000 each occurrence (2) Property Damage Liability: $ 500,000 each occurrence (D) It is agreed that the insurance required by Subsections B and C, in an aggregate amount of not less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,000), shall be extended to include as additional insured the City of South San Francisco, its elective and appointive boards, commissions, officers, agents, employees, with respect to operations performed by the Contractor, as described herein. Evidence of this insurance described above shall be provided to City upon execution of this Agreement and shall be subject to approval of the City Attorney as to form, amount, and carrier. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) calendar days written notice to City. In addition, the following endorsement shall be made on said policy of insurance: "The following are named as additional insured on the above policies: The City of South San Francisco, its elective and appointive boards, officers, agents, and employees." "Notwithstanding any other provision in this policy, the insurance afforded hereunder to the City of South San Francisco shall be primary as to any other insurance or re-insurance covering or available to the City of South San Francisco, and such other insurance or reinsurance shall not be required to contribute to any liability or loss until and unless the approximate limit of liability afforded hereunder is exhausted." The above requirements that the City be named as additional insured, that the insurance shall be primary to any other, and that the insurance not be cancelled without notice, shall be provided in the form of an endorsement signed by an authorized representative of the insurance company providing coverage, who shall declare his or her authority to sign on behalf of the insurer. 11. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and 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 Page A-8 of A-9 includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. 12. Provisions Cumulative. The provisions of this Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 13. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail, postage prepaid. Notices required to be given to City shall be addressed as follows: City Clerk City Hall, 400 Grand Avenue South San Francisco, California 94080 Notices required to be given to Contractor shall be addressed as follows: _________________________________________________________________________ _________________________________________________________________________ Notices required to be given sureties of Contractor shall be addressed as follows: _________________________________________________________________________ Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows: _________________________________________________________________________ 14. Interpretation. As used herein, any gender includes each other gender, the singular includes the plural, and vice versa. IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of nine (9) pages (being pages A-1 through A-9), each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. ATTEST: CITY: City of South San Francisco, a municipal corporation Page A-9 of A-9 _______________________________ By: _____________________________ City Clerk Mike Futrell, City Manager CONTRACTOR:_______________________ __________________________________ ATTEST: 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 GOLDEN BAY CONSTUCTION, INC., whose address is 3826 DEPOT ROAD, HAYWARD, CA 94545, 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