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HomeMy WebLinkAbout2015-11-04 e-packet@6:00 SPECIAL MEETING S CITY COUNCIL OF THE ZIP0 CITY OF SOUTH SAN FRANCISCO P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, Califorriia 94083 Meeting to be held at: CITY HALL CONFERENCE ROOM 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA WEDNESDAY, NOVEMBER 4, 2015 6:00 P.M. NOTICE IS HEREBY GIVEN,pursuant to Section 54956 ofthe Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday,the 0 day of November,2015, at 6:00 P.M.,in the City Hall Conference Room,400 Grand Avenue, South San Francisco, California. Purpose of the meeting: 1. Call to Order. 2. Roll Call. 3. Public Comments—comments are limited to items on the Special Meeting Agenda. 4. Agenda Review. CONSENT 5. Resolution awarding the construction contract to ZL Construction Corporation of Walnut Creek, California, for the Demolition of Greenhouse Buildings Project (Project No. pk1603) in an amount not the exceed $84,850.00. (Robert Hahn, Senior Civil Engineer). 6. Resolution authorizing the acceptance of$33,000 in grant funding from the San Mateo County Office of Education to implement Safe Routes to School Programs in the Parks and Recreation Department Childcare Programs and amending the Parks and Recreation Department 2015-2016 Operating Budget. (Sharon Ranals, Parks and Recreation Director). ADMINISTRATIVE BUSINESS 7. Resolution approving a purchase agreement with Owen Equipment Company for one (1) 2016 rear-mounted jet rodder on a 2016 freightliner 114 SB 2X4 chassis in an amount not to exceed $309,117.94, (Kevin Selfridge, Maintenance Program Manager). 8. Study Session regarding proposed revisions to Street Tree Ordinance and Tree Preservation Ordinance of the South San Francisco Municipal Code. (Sharon Ranals, Parks and Recreation Director). 9, Study Session: Discussion of potential Ordinance to require certain types of businesses to install and maintain Video Surveillance Cameras on their property. (Sergeant Adam Plank, Police Department). 10. Study Session: Discussion regarding potential Ordinance amending chapter 8.50 of the South San Francisco Municipal Code to regulate smoking in multi-unit residences. (Jason Rosenberg, City Attorney). 11, Study Session: Discussion regarding residential uses East of U.S. Route 101. (Sailesh Mehra, City Planner). CLOSED SESSION 12. Conference with Real Property Negotiators: (Pursuant to Government Code Section 54956.8) Properties: 310-320 Miller Avenue City Negotiators: Alex Greenwood and Ron Gerber Negotiating Parties: Rotary Plaza, Inc. and City of South San Francisco Under Negotiations: Price and terms for disposition of the property. ADJOURNMENT C cit Clerk , " it�- SPECIAL CITY COUNCIL MEETING NOVEMBER 4,2015 AGENDA PAGE ---­--------- S 'IFO Staff Report DATE: November 4, 2015 TO: Mayor, Vice Mayor, and Councilmernbers FROM, Brian McMinn, Director of Public Works/City Engineer SUBJECT: A RESOLUTION AWADDING THE CONSTRUCTION CONTRACT TO ZL CONSTRUCTION CORPORATION OF WALNUT CREEK, CALIFORNIA FOR THE DEMOLITION OF GREENHOUSE BUILDINGS PROJECT IN AN AMOUNT NOT TO EXCEED $84,850.00 RECOMMENDATION It is recommended that the City Council adopt a resolution awarding the construction contract to ZL Construction Corporation of Walnut Creek,California,for the Demolition of Greenhouse Buildings Project(Project No. pk1603) in an amount not to exceed $84,850.00. BACKGROUND/DISCUSSION The Demolition of Greenhouse Buildings Project will remove the last of the buildings associated with the old greenhouse site. Demolition of the buildings will eliminate a safety and fire hazard due to poor condition of the buildings. The demolition of the building would support the Orange Memorial Park Master Plan. A hazardous material survey by consultant Ninyo & Moore determined that removal or abatement of asbestos and lead in the building materials needs to be completed prior to demolition of the buildings. PG&E has already been contacted to disconnect both electric and gas service to the buildings and this must be completed prior to demolition work. Staff advertised a Notice Inviting Bids for the project on September 15, 2015 and September 22, 2015. A mandatory pre-bid walk at the greenhouses site was held on September 30, 2015 for potential bidders which six (6)contractors attended. On October 13, 2015, staff received four(4) bids in response. The lowest responsible bidder was ZL Construction Corporation of Walnut Creek, 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 and also contacted references provided.ZL Construction Corporation's subcontractor, Sterling Environmental Corporation,will be performing the removal and abatement of the asbestos and lead. The following is a summary of all bids received: Engineer's Estimate $ 80,000.00 ZL Construction Corporation, of Walnut Creek, CA $ 84,850.00 Interstate Grading & Paving, Inc., of South San Francisco, CA $ 91,890m Alpha Bay Builders, Inc., of San Francisco, CA $ 96,000.00 Ferma Corporation, of Mountain View, CA $103,500.00 Staff"Report Subject: A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO ZL CONSTRUCTION CORPORATION OF WALNUT CREED..,CALIFORNIA. FOR THE DEMOLITION OF GREENHOUSE BUILDINGS PROJECT IN AN AMOUNT NOT TO EXCEED $84,850.00 Page 2 of 2 Shown below is the project budget: ZL Construction Corporation Construction Contract $ 84,850.00 Construction Contingency (10%) $ 8,485,00 Lead/Asbestos Monitoring (Ninyo & Moore) $ 8,000.00 Construction Administration (5%) $ 4,243.00 Total Project Budget $105,578.00 No federal funds are being used for this project, therefore, no Disadvantage Business Enterprise (DBE) goals are required, FUNDING This project is funded by the General Fund. Funding for this project is included in the City of South San Francisco's 2015-2016 Capital. Improvement Program (Project No. pk1603) and sufficient funds have been allocated to cover the project cost. CONCLUSION Awarding the construction contract to ZL Construction Corporation of Walnut Creek,California, for the Demolition of Greenhouse Buildings Project will allow for the removal of the dilapidated buildings from the Greenhouse site. By Approved: Alo �/ZO Brian McMinn. Viltly e utrell Director of Public Works/City Engineer Managed Attachment: Resolution Map Draft Form of Agreement rth/sb RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA. A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO ZI, CONSTRUCTION CORPORATION OF WALNUT CREEK, CALIFORNIA FOR THE DEMOLITION OF GREENHOUSE BUILDINGS PROJECT IN AN AMOUNT NOT TO EXCEED $84,850.00 WHEREAS, the buildings located at the Greenhouse Site are dilapidated and in need of demolition; and WHEREAS, asbestos and lead. in the building materials determined by a hazardous material survey will be abated prior to the demolition; and WHEREAS, City of South San Francisco ("City") staff issued a Notice Inviting Bids for the Greenhouse Buildings Project ("Project') on September 15, 2.015 and September 22, 2015 and on October 13, 2015, staff received four (4) bids in response; and WHEREAS, ZL Construction Corporation of Walnut Creek, California, submitted the lowest responsive and responsible bid in the amount of$84,850; and WHEREAS, total project costs including construction, construction contingency, and construction management are estimated to be $105,578,00; and WHEREAS, the Project is included in the City of South San Francisco's 2015- 2016 Capital Improvement Program ("CIP") as Project No. pkt603. 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 for the Project to ZL Construction Corporation of Walnut Creek, California for an amount not to exceed $84,850, conditioned on ZL's timely execution of the Project contract and submission of all required documents, including but not limited to, certificates of insurance and endorsements, in accordance with the Project documents. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco authorizes the Finance Department to establish the Project Budget consistent with the information contained in the staff report. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the documents on behalf of the City -upon timely submission by ZL Construction Corporation of the signed contract and all other documents, subject to approval as to forrn by the City Attorney. 4- I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 4t" day of November 2015 by the following vote: AYES: NOES: ABSTAIN: ABSENT. ATTEST: City C I erk -2- �k GREENHOUSE SEE FIGURE 6) BATHROOMS (SEE FIGURE 7) 9 H USE ' ° (SEE FIGURE 3 ANU,4)° fill GARAGE �A ( EE RE ) `� S FIGURE 5 l; �i �' /die 4�a 9 r� g� 16 H � ,.h w� Its, /&„ , A Rry f �, idyll, k1l � , II � REFERENCE:METRO AREAS OF ALAMEDA.,,CONTRA COSTA,MARIN,SAN...FPANCISCO,SAN MATEO,AND SANTA CLARA COUNTIES,THOMAS GUIDE,2W8. N SCALE IN FEET 0 30 60 NOTE:DIMENSIONS,DIRECTIONSAND LOCATIONS ARE APPROXIMATE. #IP7SITE PLAN FIGURE ,Y&-&*'Bgrfa PROJECT N4, DATE 810 TENNIS DRIVE 402616001 8118 SOUTH SAN FRANCISCO,CALIFORNIA 3- CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION PART 11 PROJECT NAME: DEMOLITION OF GREENHOUSE BUILDINGS PROJECT PROJECT NO. PK:1603 CONTRACTOR NA ZL CONSTRUCTION CORPORATION 1.765 ARKELL ROAD WALNUT CREEK, CA 94598 BID NU ER: 2578 AGREEMENT FOR PUBLIC IMPROVEMENTS GENERAL PROVISIONS 315 MAPLE AVENUE SOUTH SAN FRANCISCO, CALIFORNIA 94080 (650)829-6652 -4- r 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. Time for Performance A-2 6. Rights of City to Increase Working Days A-2 7. Option of City to Ten-ninate Agreement in A-2 Event of Failure to Complete Work 8. Termination of Contract for Convenience A-3 9. Liquidated Darnages A-5 10. Performance by Sureties A-5 IL Care of the Work A-5 12. Payments to Contractor A-5 13. Contract Security A_6 14. Hold-Harmless Agreement and Contractor's Insurance A-7 15. Insurance A-7 16, proof of Carriage of Insurance A-8 17. Emergency - Additional.Time for Performance A-8 Procurement of Materials 18. Provisions Cumulative A-9 19. ]notices A-q 20, Interpretation A-10 Attachment A—Escrow Agreement for Security Deposits in Lieu of Retention Page A-I of 12 -5- FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS THIS AGREEMENT made and entered into this 4th, day of November, 2015, between the CITY OF souri-i SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called "CITY" and LL Construction Corporation, hereinafter called "CONTRACTOR" W ITN E S S ET 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 4, 2015, notice duly given, the City Council of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements, WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions and conditions set forth in the General Provisions and other Contract Documents, IT IS AGREED as follows: I. Scope of Work. Contractor shall perfortri 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 DEMOLITION OF GREENHOUSE BUILDINGS PROJECT; PROJECT NO.PK1603; BID NO. 2578; in accordance with the contract documents. Also included are any such other items or details not mentioned above that are required by the Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as specified herein and as directed by the Engineer. The aforementioned improvements are further described in the "Contract Documents" hereinafter referred to. 2. The Contract Documents. The complete contract consists of the following documents: This Agreement; Notice Inviting Bids; the Accepted Bid; the complete plans, profiles, detailed drawings, Standard Plans and Specifications, including Standard Specifications, General Provisions, Special Provisions and Technical Provisions; Faithful Performance Bond; Payment Bond; Bid Schedule and Wage Scale. All rights and obligations of City and Contractor are fully set forth and described in the contract documents. 'The term"Contractor"as used herein is employed without distinction as to either number or gender and shall include whenever the context shall pen-nit all agents,representatives,employees,servants,subcontractors and business or social invitees, Page A-2 of 12 -6- All of the above narned 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. Egnipanent - Performance of Work. Contractor shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete in a. good and workmanlike manner the Work of general construction as called for, and for the manner designated in, and in strict conformity with, the plans and specifications for said Work entitled: The equipment, apparatus, facilities, labor and materials shall be furnished and said Work performed and completed as required in said plans and specifications under the direction and supervision and subject to the approval of the Engineer of said City or the Engineer's designated assistant. 4. Contract Price.. City shall pay, and Contractor shall accept, in full payment for the Work agreed to be done the sum of Eighty Four Thousand, Eighty Hundred and Fifty Dollars ($84,850.00). Said price is determined by the lump sum price contained in Contractor's 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 perfornied 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. S. Time for Perfoirnance, The Contractor shall complete the Work called for under the contract in all parts and requirements within twenty five (25) working days as defined in the Special Provisions. The Engineer shall furnish the Contractor a monthly statement showing the number of working days charged to the contract for the preceding nionth, the number of working days specified for the completion of the contract, and the number of working days remaining to complete the contract, 6. 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 fiDal service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of tirne for the completion of such Work shall be allowed unless at least twenty (20,) 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. 7. Qpfion of City to Terminate Agreement in Event of Failure to Com Iete Work. If Contractor shall have refused or failed to prosecute the Work or any severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors, or if a receiver should be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to ten-ninate this Agreement, such notice to contain the reasons for such intention to ternimate this Agreement, and unless within five (5) days after Page A-3 of 12 J- the serving of such notice, such violation obuD 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, #. The City also reserves the right to terminate the contract at any time apmu m determination by the Engineer io the Engineer's mo)c discretion that 1nomioutioumf the contract imiu the best interest of the City. lfthe City elects Loienuioa1c the contract for convenience,the termination ofthe contract and the total compensation payable to the Contractor shall be governed hy the following: (A) The City will issue the Contractor a written ou1ioe signed by the Engineer, specifying that the cnot/mcz is terminated. Upon receipt of said written op1ioc" the Contractor will be relieved of further responsibility for damage tuthe Work- (excluding materials) ao specified iu Section 7- |.l6, °Cootoac1or'u Responsibility for the Work and Materimlu," of the Standard Specifications and, except uu otherwise directed in writing 6y the Engineer,the Contractor shall: (l) Stop all work under the contract except that eyecifiomllydirected to8ecompleted prior to acceptance. (2) Perform work the Engineer deems necessary to secure the project for termination. (3) Remove equipment modp]aucfrom<6cmiteufhhoWork. (4) Take such action uaio necessary zo protect znuLurieAm from damage. (5) Notify all subcontractors and suppliers that the contract io being 1euoinutod and that their contracts or orders are not to be further performed uolo*o wGbmrwioc authorized in nojdmg by the Engineer. (0) Provide the Engineer with an inventory list of all zuute6uln 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 n/materials not yet used iuthe Work as directed by the Engineer, |t shall he the Contractor's responsibility to provide the City with good title to all materials purchased by the City bcrenoder` including materials for *vbioh partial payment has been made as provided in Qccdoo 4-1.06, "Partial Paynueoto," of the Standard Specifications and with bills of sale or other documents oFtitle for such materials, (8) Subject to the prior written approval of the Engineer, xe1Um all outstanding liabilities and all claims arising out of subcontracts or orders for materials terininated hereunder, To the extent directed 69the Engineer, the Contractor shall assign tm the City all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) Furoixh the Engineer with the documentation required tu6efurnished by tile Contractor under the provisions o[the contract including, ooprojects as to which Federal and State funds are involved, all documentation required under the Federal and State requirements included in. the contract, (10) 'Fake such other actions as the Engineer mwy direct, (B) Acceptance of the contract as hereinafter specified mbuO not relieve the Contractor of responsibility for damage tomaterials. The Contractor shall continue tohe responsible for damage tu materials after issuance otthe Notice mf Termination,except oofollows: (l) The Coutrmurux`s responsibility for dmougc to materials for wbivb pm1im& payment has been made as provided in Section 9-l.V6, "Partial Pmyzoerta," ofthe Standard Specifications and for materials furnished by the City for use in the Work and unused shall tenmioatm when the Engineer certifies that such materials have been stored in the zuuuoor and at the locations the Engineer has directed. Page/�-4ofI2 -8- (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 tenrimate when title and delivery of such materials has been taken by the City. (3) When the Engineer detennines 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 perfonm any further Work thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Engineer.. (C) Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed. (D�) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: (1) The reasonable cost to the Contractor, without profit, for all work performed under the contract, including mobilization, demobilization and work done to secure the project for termination. In detenmining 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 rather appropriate credits against the cost of the work. When, in the opinion of the Engineer,the cost of a contract ite n 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 perfornned 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 tenmination 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 8 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the 'Fork by the Engineer, the Engineer may snake payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section 9-1.07B, "Final Payment and Claims," of the Standard Specifications when, in the Engineer's opinion, the amount thus paid, together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitle-d. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract.. Page A-5 of 12 -9- 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 tennination. 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 8 shall be included in all subcontracts. In the event of conflict between the tennination provisions of this Section 8 and any other provision or the contract, this Section 8 shall prevail. 9. Liquidated Darnages. If the overall deadline for project completion and/or any of the milestone deadlines are not met and/or particular contract requirements are not inct, damages will be sustained by the City, and it is and will be impracticable and extremely difficult to ascertain and ,determine the actual damage which the City will sustain. As such the Contract will be subject to the liquidated damages named in the Special Provisions or $500.00 per calendar day, whichever is greater, and should the Contractor fail to meet any milestone deadline or overall project deadline or fail to meet particular contract requirement,;as named in the general provisions, 10. Performance by Sureties. In the event of any termination as herein before provided, City shall immediately give written notice thereofto Contractor and Contractor's sureties and the sureties shall have the right to take over and perfonn the Agreement,provided,however,that if the sureties, within five (5) 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) 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." 11. Care of the Work. Contractor has examined the site of the Work and is familiar with its topography and condition, location of property lines, easements, building lines and other physical factors, and limitations affecting the performance of this Agreement. Contractor, at Contractor's expense, shall obtain any permission necessary for any operations conducted off the property owned or controlled by City. Contractor shall be responsible for the proper care and protection of all materials delivered and work performed until completion and final acceptance. 12. Payments to Contractor, (A) Monthly Progress Payments. On or before the tenth day of each and every month during the progress of the Work following the Notice to Proceed, Contractor shall submit to the City Engineer a complete itemized statement of all labor and materials incorporated into the improvement during the preceding month and the portion of the contract sum applicable thereto. On approval in writing of said statement by the Engineer, the payment request shall be submitted to the City Council for approval and within ten (10) days after approval thereof by the City Council, City shall pay Contractor a Page A-6 of 12 -to- suin based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the improvement under the contract during the month covered by said statement. (B) Notice of Completion and Final Payment. City shall file with the County Recorder's Office a Notice of Completion within ten (10) days after said improvements shall have been completed and accepted by City and written proof of said filling shall be delivered to the City Clerk. The remaining five percent (5%), less that amount withheld by City to correct defective work or otherwise complete the contract, shall be paid Contractor thirty (30) days after recordation of the notice of completion of the Work, on duly certified voucher therefore, after Contractor shall have furnished City with a release of, or bond against all claims against City, if required by City, arising under and by virtue of this contract, and work done, and materials furnished hereunder. In the event that there are any claims specifically excepted by Contractor, if pennitted by City, from the operation of the release, there shall be retained by City stated amounts to be set forth therein and approved by the Engineer. If there be any claims filed against the Work, City shall withheld final payment until the validity of such claims shall have been properly deten-nined and in.this regard City is hereby empowered to pay directly to claimant the full amount of any valid claims. (C) Escrow Account for Retention, Pursuant to Chapter 13 (commencing with Section 4590) Division 5, Title I of the Government Code of the State of California, securities may be substituted for any moneys withheld by a public agency to ensure performance under a.contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or Federally Chartered Bank as the escrow agent,who shall release such securities to Contractor following the expiration of thirty(30) days from the date of filing of a Notice of Completion of the Work by City,unless such securities are to be withheld by City to correct defective work or otherwise complete the contract or are subject to withholding by City to satisfy stop notices or other calms and costs associated therewith. The request for substitution of securities to be deposited with the City, or with a State or Federally Chartered Bank as escrow agent, shall be submitted on the fawn entitled "Supplernental Agreement No. Substitution of Securities for Funds Withheld", which, when executed by the Contractor and the City, shall constitute a Supplemental Agreement fon-ning a part of this Contract. The City shall have thirty (30) days froin receipt of any written request, properly completed and signed by the Contractor and, if applicable, accompanied by an escrow agreement in a form acceptable to City, to approve said request and effect the substitution. City shall not unreasonably withhold approval of said request. City shall determine the value of any security so deposited. Such Supplemental Agreement, see Attachment A, and any escrow agreement shall provide for the release of the securities to Contractor as set forth herein and shall also set forth. the manner in which City may convert the securities or portions thereof to cash and apply the proceeds to the accomplishment of any purposes for which moneys may be withheld and utilized as described in this Contract, including but not limited to the completion of the contract, correction of defective work and the answering of any stop notice claims and litigation cost thereof. Securities eligible for investment under this Section shall be those listed in California Government Code Section 16430 or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. Page A-7 of 12 -11- 11 Contract Security. Concurrently with the execution hereof,Contractor shall furnish: (1) a surety bond in an amount equal to at least one hundred percent(100%) of the contract price as security for the faith performance of this contract; and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract in accordance with Section 4200-4208, inclusive, of the Government Code of the State of California, Sureties on each of said bonds and the form thereof shall be issued by a Cali fornia-adi-nitted surety, satisfactory to the City and be approved by the Engineer. 14. 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 bold-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 deten-nined to be applicable to any of such damages or claims for damages. 15. Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance; (A) 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 the Code, and I will comply with such provisions before commencing the performance of the work of this Agreement". (B) Comprehensive General Liability Insurance. Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations,personal injury and contractual): (1) Bodily Injury Liability: Page A-8 of 12 -12- $ 500,000 each person $1,000,000 each occurrence (2) Property Damage Liability [includes XCU (explosion, collapse, and underground damage); water damage and broad fonn property damage or third party liability[: $ 500,000 per occurrence (C) Coinprehensive Automobile Liability Insurance (includes owned, non-owned, and hired vehicles): (l) 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 13 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 fonn, 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) days written notice to City. In addition, the following endorsement shall be made on said policy of insurance. "'The fallowing are naan.ed as additional insured on the above policies: The City of South Sara Francisco,its elective and appointive boards, officers,agents,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. lo. 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) 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 Page A-cJ of 12 -13- agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self- insured retention required to be paid as a precondition to the insurer's liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. 17, Emergency - Additional Time for Perforinance - Procurement of Materials. If, because of war or other declared national emergency, the Federal or State government restricts, regulates or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulation or controls, Contractor is, through no fault of Contractor, unable to perform this agreement, or the work is thereby suspended or delayed, any of the following steps may be taken, (A) City may, pursuant to resolution of the Council, grant Contractor additional time for the performance:of this agreement, sufficient to compensate in time,for said delay or suspension. To qualify for such extension of time, Contractor, within ten tIO) days of Contractor's discovering such inability to perform, shall notify the Engineer in writing thereof and give specific reason therefore; Engineer shall thereupon have sixty(60) days within which to procure such needed materials or labor as is specified in this agreement, or permit substitution, or provide for changes in Work in accordance with other provisions of this agreement, Substituted materials, or changes in the Work, or both, shall be ordered in writing by the Engineer and the concurrence of the Council shall not be necessary. All reasonable expenses of such procurement incurred by the Engineer shall be defrayed by Contractor; or (B) If such necessary materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either party may, upon thirty (30) days written notice to the other, terminate this agreement, In such event, the Contractor shall be compensated for all work executed upon a unit or upon a cost-plus ten percent (10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route upon the date of notice of ten-nination specially ordered for the project and which cannot be utilized by Contractor, shall be compensated for by City at cost,including freight,provided that Contractor shall take all steps possible to minimize this obligation; or (C) City Council, by resolution, inay suspend this agreement until the cause of inability is removed, but for a period not to exceed (30) days. If this agreement is not cancelled and the inability of Contractor to perform continues, without fault on Contractor's part, beyond the tirne during which the agreement may have been suspended, as herein provided, City Council may further suspend this agreement, or either party hereto may, without incurring any liability, elect to declare this agreement terminated upon the ground of impossibility of performance. In the event City declares this agreement terri-iinated, such declaration shall be authorized by the City Council, by resolution, and, Contractor shall be notified in writing thereof within five (5) days after the adoption. In such event, the Contractor shall be entitled to proportionate compensation at the agreement rate for such portion of the agreement as may have been performed; or (D) City may terminate this agreement, in which case Contractor shall be entitled to proportionate compensation at the agreement rate for such portion of the agreement as may have been perforined. Such ten-nination shall be authorized by resolution of the Council. Notice thereof shall be forthwith given in writing to Contractor and this agreement shall be terriiinated upon receipt by Contractor of such notice. In the event of the termination in this subparagraph(D),none of the covenants, conditions or provisions hereof shall apply to the work not performed and City shall be liable to Contractor only for the proportionate compensation last herein mentioned, Page A-1.0 of 12 -14- 1 S. Provisions Cumulative, The provisions of the Agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City. 19. Notices. All notices shall be in writing and delivered in person or transmitted by cerkified email,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 94050 Notices required to be given to Contractor shall be addressed as follows:. Notices required to be given sureties of Contractor shall be addressed as follows: Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows: 20. Interpretation. As used herein, any gender includes each other gender, the singular included the plural and vice versa. Page A-I l of 12 -15- IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of tweIN,e (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 bereinabove written. ATTEST: CITY: City of South San Francisco, a municipal corporation By: City Clerk Mike Futrell,City Manager CONTRACTOR: ATTEST: By:_ (If Contractor is an individual, so state. Contractor is a Corporation, a corporate seal City Attorney or signatures of the President or Vice President and the Secretary Treasurer are required). Page A-12 of 12 -16- 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 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the 'terms of the Contract between the Owner and Contractor.. Securities shall be held in the narne of and shall designate the Contractor as the beneficial owner. 2. The 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 snakes 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 ' y p yr into securities. All terms and c-onditions 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 detennined 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. Escrow Agreernent-Page 1 of 3 -17- & 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 Conti-actor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or two receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: 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 Agent is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart of this Agreement. Escrow Agreement-Page 2 of 3 _18- 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 Escrow Agreement-Page 3 of 3 -1.9- GENERAL PROVISIONS TABLE OF CONTENTS SECTION Page No. SECTION I DEMNITION OF T'✓RMS GP-1 SECTION 11 PROPOSAL REOUIREMENTS GP-3 1. General Information 1 Proposal Form 1 Bid Prices to Cover Entire Work 4. Examination of Plans,Specifications, Special Provisions and Site of Work 5. Proposal Guaranty 6. Rejection of Proposals Containing Alterations,Erasures or Irregularities 7. Competency of Bidders—Proposal Requirements 8. Subcontractors SECTION III -AWARD AND EXECUTION OF CONTRACT GP-5 I. Award of Contract 2. Return of Proposal Guaranties 1 Contract Bonds 4. Liability Insurance Required 5. Execution of Contract SECTION IV SCOPE OF WORK GP-6 I. Work to be Done 2. Safety Program 3. Removal of Obstructions 4. City Directed Change Orders 5. Alterations 6, Contractor Proposed Change Orders 7. All Charge Orders & Change Order Pricing 9. Liability for Unapproved Change Orders 10. Change Order Disputes SECTION V CONTROL OF WORK GP-9 1. Authority of the Engineer 2. Conformity with Plans 3. Coordination of Plans, Specifications and Special Provisions 4. Conflict between Parts of Contract Documents GP-i -21- 5. Interpretation of Plans and Specifications 6. Superintendence 7. Lines and Grades 8. Inspection 9. Removal of Defective and Unauthorized Work 10. Final Inspection 11. Record Drawings 11 Cost Reduction Incentive SECTION VI CONTROL OF MATERIALS GP-14 I. Source of Supply and Quality of Materials 2. Defective Materials 3. Samples and Tests 4, General Materials and Substitutions Requirements 5. Storage or Disposal of Materials Outside of the Right of Way 6. Construction and Demolition Waste Management Plan (WMP) SECTION V11 -LEGAL RELATIONS AND RESPONSIBILITY GP-17 I. Laws to be Observed 2. Trench Safety and Differing Subsurface Conditions 3. Hours of Labor 4. Review of Per Diem Rates 5. Prevailing Wage 6. Registration of Contractors 7. Permits and Licenses 8. Patents 9. Contractor's Field Office 10. Utilities IL Contractor Cooperation&Coordination 12. Public Convenience 13. Public Safety 14. Preservation of Property 15. Responsibility for Damage J& Contractors indemnities 17, Contractor's Responsibility for Work 18. Portion of Work which may be Placed in Service 19. No Personal Liability 20. No Abrogation of Codes, Standards,Laws and Ordinances 21. Guaranty 22. General Safety Requirements 23. Fair Employment Provisions 24. Employment of Apprentices SECTION V111 - PROSECUTION AND PROGRESS GP-29 1. Subcontracting 2. Assignment 3. Time of Completion and Statement of Working Days GP-ii -22- 4. Progress of the Work and Time of Completion 5. Character of Workers 6. Temporary Suspension of Work 7. No Contractor Damages for Avoidable Delays & Impact of Unavoidable Delays 9. No Contractor Damages for Contractor Caused Delay ld. No Contractor Damages for Delay Not Caused by the City, Delay Contemplated by the Parties,or other Reasonable Delay 1.1, Delays Caused by the City and/or Its Privities 1.2. Delay Claims 13.. Contractor Coordination of the Work 14. Liquidated Damages 15. Suspension of Contract 16, Communications 17, Audit and Examination of Records 18. Project Schedule SECTION IX-MEASUREMENT AND PAYMENT GP-37 1, Measurement of Quantities 2, Progress Payments. 3. Scope of Payment 4. Stop Notice Retention 5. Progress Payment Deductions 6. Acceptance of the Work T Final Payment & Travel& Subsistence Payments 9. Notice of Potential Claim M Claims 11, False Claims Affidavit 12. Claims Processing and Review 11 Extra Work 1.4. force Account Work GP-iii -23- SECTION I DEFINITION OF TERMS 1. Bidder, Any individual, firm or corporation submitting a proposal for the work contemplated, acting directly or through a duly authorized representative. 2, Calendar Day, A calendar day shall be any day including all legal holidays, Saturdays, and Sundays. 1 Cim The City of South San Francisco, State of California, acting through the City Council, or other duly authorized agents. 4. Contract, The written agreement covering the performance of the work. The complete contract includes the Agreement for Public Improvements, the Notice Inviting Bids, the proposal, plans, specifications, contract bonds, and all supplemental agreements affecting the work. 5. Contractor. The person or persons, firm, partnership, corporation, or combination thereof,private or municipal, who have entered into the contract with the City, or the City's legal representative. 6. Engin,-er or Works En ineci The duly appointed Engineer of the City of South San Francisco, acting directly or through properly authorized agents limited by the particular duties entrusted to them. 7. Inspector, The Inspector or Inspectors of the Engineer of the City of South San Francisco, limited by the particular duties entrusted to them. 8. Notice of Award. Written notice from the City to the successful lowest responsive and responsible bidder stating that upon compliance with all contract prerequisites and conditions,the City will execute the Contract with that bidder for the Work. 9. Notice to Proceed. Written notice from the City to the Contractor setting a date on which Conti-act time will start and authorizing the Contractor to proceed with the Work, 10. Plans. The drawings, or reproduction thereof, approved by the Engineer, pertaining to the work.. and made a part of the contract, including City's Standard Drawings and Caltrans' Standard Plans dated May 2006. IL Specifications, The information, directions, provisions, and requirements pertaining to the work, and contained herein including Special Provisions, Technical Specifications, General Provisions, those administrative subsections of Caltrans' Standard Specifications that are specifically referenccd in this Contract and the non- administrative sections (Sections 10 through 95) of Caltrans' Standard Specifications dated May 2006. GP-1 of 48 -25- 12. Superintendent of Streets. The Engineer (Ex-officio Superintendent of Streets) of the City of South San Francisco, acting directly or through properly authorized agents. 13. The Work, The improvement, structure, project, or construction contemplated in the contract, the furnishing of all necessary labor, materials, tools and other devices, and the doing or performing by the Contractor of all things required to be done for the fulfillment of the contract as provided therein. 14. Working Day. A working day is defined as any day, except as follows: a. Saturdays, Sundays and Legal Holidays, b. Days on which the Contractor is prevented by inclement weather or conditions resulting immediately there from adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation or operations for at least 60 percent of the total daily tune being currently spent on the controlling operation or operations; c. Days on which the Contractor is prevented, by reason of requirements in the "Maintaining Traffic and Working Hours" section of the Special Provisions, from working on the controlling operation or operations for at least 60 percent of the total daily time being currently spent on such controlling operation or operations; d. The current controlling operation or operations are defined to include any feature of the work (e.g., an operation or activity, or a settlement or curing period) considered at the time by the Engineer, which if delayed or prolonged, will delay the time of completion of the Work; or C. Legal. Holidays are defined as those holidays observed by the City of South San Francisco as specified in the current Memorandum of Understanding (MOU) between. the City of South San Francisco and the American Federation of State, County and Municipal Employees, Local 1569, AFL-CIO, except that half holidays in the MOU shall be considered fall holidays under the Contract. GP-2 of 48 -26- SECTION 11 PROPOSAL REQUIREMENTS 1. General Information. Scaled proposals, addressed to the City Council of the City of South San Francisco, will be received by the Purchasing Officer and will be publicly opened and read at the time and place stated in the Notice to Inviting Bids. Any bid may be withdrawn at any time prior to the hour fixed in the Notice Inviting Bids for the opening of the bids provided that a request in writing, executed by the bidder or the bidder's duly authorized representative, for the withdrawal of such shall not prejudice the right of a bidder to file a new bid. 2. Proposal Form. The City will furnish to each bidder a standard proposal form, which, when filled out and executed shall be submitted as their bid. Bids not presented on forins so furnished may, in the City's sole discretion, be deemed non- responsive and rejected on that basis. On all bid items for which bids are to be received on a unit price basis, the unit price for all items bid shall be shown, as well as the extended price (unit price multiplied by the number of units shown on the proposal forin.) for each bid item bid. In the case of any discrepancy between the extended price for any bid item bid, the unit price multiplied by the number of units shall prevail. In the event of any discrepancy between the total contract amount and the sum of the extended prices of all items, the sum of the extended prices of all items shall prevail. The proposal shall set forth the item prices and totals, in clearly legible figures, in the respective spaces provided and shall be signed by the bidder, who shall fill out all blanks in the proposal form as therein required. The bidder shall also fill out all blanks in the proposal forms for any alternative to the project proposed by the City; failure to do so may, in the City's sole discretion, result in the proposal being considered non-responsive and rejected on that basis, 3, Bid Prices to Cover Entire Work. Payment for the work done under this contract shall be as set forth on the Bidder's Sheet for Proposal. Bidder shall include the entire cost of the work contemplated in the contract, as required by the plans, drawings, specifications, Special Provisions, and General Provisions: and, furthermore, it shall be understood and agreed that the cost of all labor, materials and equipment and all incidentals expense of whatever nature necessary to complete the Work is included. Any part of the Work which is not mentioned in the Specifications, and/or in the Special Provisions, but is shown on the plans, or any part not shown on the plans but described in the Specifications and/or in the Special Provisions, or any part not shown in the plans nor described in the Specifications or Special Provisions, but which is reasonably implied by either, or is necessary or usual in the performance of such work, shall be perfonned as incidental work, without extra cost to the City, by the Contractor as if fully described in the Specifications or Special Provisions and shown on the plans, and the expense thereof shall be included in the total bid. GP-3 of 48 -27- 4, Examination of Plans Special Provisions, and Site of Work. The bidder is required to examine carefully the site of and the proposal, plans, specifications, and correct forins for the work contemplated, and it will be assumed that the bidder has investigated. and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract. It is mutually agreed that submission of a proposal shall be considered prima facie evidence that the bidder has made such examination, The City will not be responsible for any loss or unanticipated cost incurred by the Contractor as a result of the Contractor's failure to estimate in advance all conditions pertaining to the Work, including underground facilities and sewers that may have to be relocated. S. Proposal Guaranty. All bids shall be presented under sealed cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond, made payable to the City of South San Francisco, for the amount equal to at least ten per cent (10%) of the amount of said bid, and no bid shall be considered unless such cash, cashier's check, or certified check, or bidder's bond is enclosed therewith, 6. Rejection of.Pro posals Containing Alterations, Erasures, or Irregularities, Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures,Or irregularities of any kind. 7. Competency of Bidders - Proposal Requirements. Before entering into a contract, the bidder shall satisfy the City that he possesses adequate equipment and has the necessary experience and forces to pertbrin. the Work in the manner set forth in these specifications. He shall.be a licensed Contractor in the State of California. A City of South San Francisco license will be required before the contract for the Work is signed by the City, 8. Subcontractors. Proposals shall comply with the Subletting and Subcontracting Fair Practices Act (Government Code Section 4100 et seq). Pursuant to Section 4104 of said Act, bidder shall in the bid set forth: a, The name and the location of the place of business of each sub-contractor who will perfoim work or labor or render service to the prime Contractor in or about the construction of the Work or improvement in an amount in excess of one-half of one percent of the prime Contractor's total bid. K The portion of the Work, which will be done by each such subcontractor under this Act. The prime Contractor shall list only one subcontractor for each of such portions as is defined by the prime Contractor in the Contractor's bid. GP-4 of 48 -28- SECTION III AWARD AND EXECUTION OF CONTRACT I Award of Contract. The City reserves the right to reject any and all proposals. The award of the contract, if it is awarded, will be to the lowest responsible bidder, and will be made within sixty (60) calendar days after the opening of the proposal. All bids will be compared on the basis of the Engineer's cost estimate. 2. Return of Proposal Guaranties. Within ten (10) working days after the execution of the Contract, the City will return the proposal guaranties accompanying the proposals that are not to be considered in making the award. All other proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. 3. Contract Bonds. The bidder to whom the contract is awarded shall execute a perfon-nance bond satisfactory to the City for the Faithful performance of the Work in a sum equal to the amount of the contract. A payment bond shall be furnished securing the claims of persons employed by the Contractor and the claims of persons who furnish materials, supplies or equipment used or consumed by the Contractor in the perfon-nance of the Work. This bond shall be in a sum equal to the amount of the contract. 4. Liability Insurance Required, See Section 14, "Hold-Harmless Agreement and Contractor's Insurance" and Section 15, -Insurance" of the Agreement for Public Services. 5. Execution of Contract. The contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten (l 0) working days, after the bidder has received the Notice of Award. Failure to execute the contract and file acceptable bonds within the specified time shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. GP-5 of 48 -29- SECTION IV SCOPE OF WORK 1, Work to be Done. The work to be done consists of furnishing all labor, materials, methods or processes, implements, tools, and machinery, except as otherwise if' spec ied, which are required to construct and put into complete order for use the Work described in the Special Provisions, and to leave the grounds in a neat condition. 2. Safety Program. a. The Contractor shall conform to the rules and regulations peitaining to safety established by the California Division of Industrial Safety and to all requirements as set forth in the State of California Construction Safety Orders (CAL/OSH,A), and in particular, Article 3 of these Safety Orders, regarding Accident Prevention and safety meetings. Within ten (10) working days following Notice of Award the Contractor must submit to the City a copy of the Contractor's Safety Plan. b. Full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in this item of work as above specified, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. 1 Removal of Obstructions, The Contract shall remove and dispose of all structures, debris, or other obstructions of any character to the Work to be performed. 4. City Directed.Change Orders. The City may, at any time during the progress of the Work, direct any amendments to the Work or any of the Contract Documents. Such amendments shall in no way void the Contract, but will be applied to amend the Contract Price, if such amendments affect the Contract Price, the Project schedule (if such amendments affect the Project schedule), or any other provision of the Contract Documents based on a fair and reasonable valuation of the amendment in accordance with this Section IV 5� Alterations. Subject to the provisions of Section 4-1.03, "Changes" of the Standard Specifications and unless otherwise specified, the City reserves the right to increase or decrease the quantity of any item or portion of the Work or to omit portions of the Work as may be deemed necessary or advisable by the Engineer, also to make such alterations or deviations, additions to, or omissions from the plans and Specifications, as may be determined during the progress of the Work to be necessary and advisable for the property completion thereof. Upon written order of the Engineer, the Contractor shall proceed with the Work as increased, decreased or altered. When alterations in plans or quantities of work are ordered and performed, the Contractor shall accept payment in full at the contract unit price for the actual quantities of work done. No allowance will be made in any case for loss of anticipated profits. Increased or decreased work involving supplemental agreements will be paid for as stipulated in such agreements. GP-6 of 48 -30- 6. Contractor Proposed Change Orders,. 'The Contractor shall submit proposed changes to the Engineer no later than 15 days before the proposed change. 7. All Change Orders. All change orders or amendments to Contract Documents must be approved by the Engineer prior to the change or amendment and must be evidenced by a writing executed by authorized representative,",, of the City and the Contractor. All change order proposals must specify any change in the Project schedule, or any project milestone, including, but not limited to, the Time for Completion, under the change order. It is understood that change orders that do not specify a change in any milestone, including, but not limited to, the Time for Completion, may be accomplished by the Time for Completion then in effect. & Change Order Pricier g Change order pricing for all change orders, whether additive, deductive,or both,will be governed by the following: a. Prices specified in the Contract Documents will apply to cost impacts involving items for which the Contract Docurnents specify prices. b. Cost impacts involving items for which the Contract Documents do not specify prices, charges or credits will be paid on a time and materials basis in accordance with the following. All costs listed in this Subsection (b) will constitute incidentals, full compensation for which will be deemed included in the markups for labor, material, and equipment specified below, and no additional compensation for such cost impacts will be allowed: (1) Labor, The Contractor will be paid the cost of labor for workers (including foremen when authorized by the Engineer), used. in the actual and direct performance of the work,plus a fixed mark up of 15% of such labor cost. (2) Materials, Materials costs will be the direct costs for materials actually exhausted, consurned, or entering permanently into the Work, plus a fixed markup of 15%of such direct materials costs. (3) Equipment. All equipment used will be paid in accordance with the ,established rates for equipment rental in the Contract Documents, plus a fixed markup of 10%of each such equipment rates. (4) Subcontractors, The Contractor will be paid the cost of Subcontractors plus a fixed markup of 5%. The additional 5% markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of perfori-nance of the extra work by a Subcontractor. 9. Liability For Unapproved Change Orders. The Contractor will be solely responsible for any and all losses, costs, or liabilities of any kind incurred by the Contractor, any subcontractor engaged in the performance of the Work, any party supplying material or equipment for the Work or any third party that is/are retained pursuant to Contractor- proposed change orders prior to issuance of an approved change order executed according to the terms of this Section 1V, The Contractor shall have all of the obligations and the City GP-7 of 48 -31- will have all of the rights and remedies that are specified in these Contract Documents concerning any work or resulting losses, costs, or liabilities pursuant to an unapproved Contractor-proposed change order, 10, Change Order Disputes. a. Disputed City-Directed Change Orders, If the Contractor disputes a City- directed change order following a reasonable effort by the City and the Contractor to resolve the dispute, including, at a minimum, a meeting between appropriate representatives of the Contractor and the City, the Contractor must commence performing the Work consistent with the disputed change order within five (5) working days of the last meeting between representatives of the Contractor and the City to resolve the dispute, or within the time specified in the disputed City-directed change order, whichever is later. In performing work consistent with a disputed City-directed change order pursuant to this provision, the Contractor will have all of the Contractor's rights concerning claims pursuant to the Contract Documents and applicable law. b. Disputed Contractor-Proposed Change Orders. If the City disputes a Contractor-proposed change order, the City and the Contractor will use reasonable efforts to resolve the dispute including, at a minimum, holding a meeting between appropriate representatives of the Contractor and the City. Regardless of and throughout any such efforts to resolve the dispute, the Contractor must continue performing, the Work, irrespective of and unmodified by the disputed change order. In continuing to perform the Work, the Contractor will retain all of the Contractor's rights under contract or law pertaining to resolution of disputes and protests between contracting pal-ties. Disputes between the City and the Contractor concerning any Contractor-proposed change order or other amendment do not excuse the Contractor's obligation to perform the Work in accordance with the Contract Documents excluding such Contractor-proposed change order or other amendment by the Time for Completion or waive any other Project milestone or other requirement of the Contract Documents. GP-8 of 48 -32- SECTION V CONTROL OF WORK I Authority of the Engineer, The Engineer shall decide any and all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the Work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation. The Engineer's decision shall be final and he shall have authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly. 1 Conformity with Plans. Finished surfaces in all cases shall conform to the lines, grades, cross-sections and dimensions shown on the approved plans, 3. Coordination of Plans ecifications and S ecial PrC7v15iC31�s. These specifications, general provisions, special provisions, standard specifications, plans and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative,to describe and to provide for a complete work. 4, Conflict Between Parts of Contract :Documents, If there is any c,onflict between the requirements of the various contract documents, the following shall be the order of precedence (in order from highest precedence to lowest): a. Agreement for Public Improvements b. Special Provisions C. Technical Specifications d. Drawings e, City Standard Drawings f, General Provisions 9- Standard Specifications h, Standard Plans 5. Interpretation of Plans and Specifications. Should it appear that the work to be done or any matter relative thereto are not sufficiently detailed or explained in the these specifications, plans, and the Special Provisions, the Contractor shall apply to the Engineer well in advance of the time a clarification is needed for such further explanations as may be necessary and shall conform to those explanations as part of the contract, so far as may be consistent with the original specifications. The Engineer's decision regarding definitions or clarifications will be final, In the event of any discrepancy between any drawing and the figures written thereon,the figures shall be taken as correct. 6, SuDeiintendence. Contractor shall give personal superintendence to the work on said improvements or have a competent foreman or superintendent, satisfactory to the Engineer, at the work site at all times during progress with authority to act for the GP-9 of 48 -33- Engineer. Whenever the Contractor is not present on any part of the work site where it may be desired to give direction, orders will be given by the Engineer, which shall be received and obeyed by the Superintendent or foremen in charge of the particular work in reference to which the orders are given. 7. Lines and Grades. Contractor shall be responsible to set lines and grades for construction. S. Inspection. The Engineer shall at all times have access to the Work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials used and employed in.the Work. Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. The inspection of the Work shall not relieve the Contractor of any of the Contractor's obligations to fulfill the contract as prescribed, Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer and accepted or estimated for payment. 9. Removal of Defective and Unauthorized Work-, All work, which has been rejected, shall be remedied, or removed and replaced by the Contractor in, all acceptable manner and no compensation will be allowed for such removal or replacement. Any work done beyond the lines and grades shown on the plans or established by the Engineer, or any extra work done without written authority will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to cause defective work to be removed, and to deduct the costs from any monies due or to become due the Contractor 10. Final Inspection. Whenever the Work provided and contemplated by the contract shall have been satisfactorily completed and the final cleaning up performed, the Engineer will make the final inspection. 11. Record Draw,ings, The Contractor shall keep and maintain, on the job site, one record set of Drawings. On these, the Contractor shall mark all project conditions, locations, configurations, and any other changes or deviations which may vary from the details represented on the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction, Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated in the Contract Documents. Said record drawings shall be supplemented by any detailed sketches as necessary or directed to indicate, fully, the work as actually constructed. These master record drawings of the contractor's representation of as built conditions, including all revisions made necessary by addenda, change orders, and the like shall be maintained up to date during the progress of the work. GP-10 of 48 -34- In the case of those drawings which depict the detailed requirements, for equipment to be assembled and wired in the factory, such as motor control centers and the like, the record drawing shall be updated by indicating those portions which are superseded by change order drawings or final shop drawings, and by including appropriate reference information describing the change orders by number and the shop drawings by manufacturer, drawing, and revision numbers. Record drawings shall be accessible to the Engineer at all times during the construction period and shall be delivered to the Engineer upon completion of the Work. Final payment will not be approved until the Contractor prepared record drawings have been delivered to the Engineer. Said up to date record drawings may be in the form of a set of prints with carefully plotted information as approved by the Engineer. Upon substantial completion of the Work and prior to final acceptance, the Contractor shall complete and deliver a complete set of record drawings to the Engineer for transmittal to the City, conforrning to the construction records of the Contractor. This set of drawings shall consist of corrected plans showing the reported location of the Work. The information submitted by the Contractor and incorporated by the Engineer into the Record Drawings will be assumed to be reliable, and the Engineer will not be responsible for the accuracy of such information, nor for any errors or omissions that may appear on the Record Drawings as a result, 12, Cost Reduction Incentive, The Contractor may submit to the Engineer, in writing, proposals for modifying the plans, specifications or other requirements of the contract for the sole purpose of reducing the total cost of construction. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the project, including but not limited to service life, economy of operation, case of maintenance, desired appearance, or design and safety standards. Cost reduction proposals shall contain the following information: a. A description of both the existing contract requirements for performing the Work and the proposed changes, b� An itemization of the contract requirements that must be changed if the proposal is adopted, C. A detailed estimate of the cost of perfori-ning the Work under the existing contract and under the proposed change, The estimates of cost shall be determined in the same manner as if the Work were to be paid for on a force account basis as provided in Section IX-14, "Force Account Work"' of these General Provisions. d. A statement of the time within which the Engineer must make a decision thereon. C. The contract items of work affected by the proposed changes, including any quantity variation attributable thereto. The provisions of this section shall not be construed to require the Engineer to consider any cost reduction proposal which may be submitted hereunder; proposed GP-11 of 48 -35- changes in basic design of a bridge or of a pavement type will not be considered as an acceptable cost reduction proposal; the City will not be liable to the Contractor for failure to accept or act upon any cost reduction proposal submitted pursuant to this section nor for any delays to the Work attributable to any such proposal. If a cost reduction proposal is similar to a change in the plans or specifications, under consideration by the City for the project, at the time said proposal is submitted or if such a proposal is based upon or Similar to Standard Specifications, standard special provisions or Standard Plans adopted by the City after the advertisement for the contract, the Engineer will not accept such proposal and the City reserves the right to make such changes without compensation to the Contractor under the provisions of this section. The Contractor shall continue to perfon-n the Work in accordance with the requirements of the contract until an executed change order, incorporating the cost reduction proposal has been issued. If an executed change order has not been issued by the date upon which the Contractor's cost reduction proposal specifies that a decision thereon should be made, or such other date as the Contractor may subsequently have specified in writing, such cost reduction proposal shall be deemed rejected. The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the contract bid prices if in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be perfonned or to be deleted. The City reserves the right where it deems such action appropriate, to require the Contractor to pay in part or whole the City's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall indicate acceptance thereof in writing, and such acceptance shall constitute full authority for the City to deduct amounts payable to the City from any monies due or that may become due to the Contractor under the contract. If the Contractor's cost reduction proposal is accepted in whole or in part, such acceptance will be by a contract change order, which shall specifically state that it is executed pursuant to this section. Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the cost reduction proposal or such part of it as has been accepted to be put into effect, and shall include any conditions upon which the City's approval thereof is based if the approval of the City is conditional. The change order shall also set forth the estimated net savings in construction costs attributable to the cost reduction proposal effectuated by the change order, and shall further provide that the Contractor be paid 50 percent of said estimated net savings amount. The Contractor's cost of preparing the cost reduction incentive proposal and the City's cost of investigating a cost reduction incentive proposal, including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net savings in construction costs. Acceptance of the cost reduction proposal and perforniance of the work thereunder shall not extend the time of completion of the contract unless specifically provided for in the contract change order authorizing the use of the cost reduction GP-12 of 48 -36- proposal. The amount specified to be paid to the Contractor in the change order which effectuates a cost reduction proposal shall constitute full compensation to the Contractor for the cost reduction proposal and the performance of the work thereof pursuant to the said change order. The City expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the City when it determines that said proposal is suitable for application to other contracts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such proposal will be eligible for compensation pursuant to this section, and in that case, only as to those contracts awarded to the Contractor prior to submission of the accepted cost reduction proposal and as to which such cost reduction proposal is also submitted and accepted. Cost reduction proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this section if the identical or similar previously submitted proposals were not adopted for general application to other contracts administered by the City. Subject to the provisions contained herein, the City or any other public agency shall have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor. This Section V-12, "Cost Reduction Incentive" of these General Provisions shall apply only to contracts awarded to the lowest bidder pursuant to competitive bidding. GP-13 of 48 -37- SECTION VI CONTROL OF MATE AILS I Source,of Sup.-ply and Quality of Materials. At the option of the Engineer the source of supply of each of the material shall be approved by the Engineer before the delivery is started. Only materials conforming to the requirements of these specifications and approved by the Engineer shall be used in the Work. Materials used for the Work must be new and of the quality specified. When not particularly specified, materials must be the best of their class or kind. The Contractor must, if required, submit satisfactory evidence as to the kind and quality of materials. All materials proposed for use may be inspected or tested at any time during their preparation and use. After trial, if it is found that source of supply which have been approved so not furnish a uniform product or if the product fi-orri any source proves unacceptable at any time the Contractor shall funiM approved material from other approved sources. No material, which, after approval, has in any way become unfit for use shall be used in the Work, 2. Defective Materials. All materials not conforming to the requirements of these specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected. They shall be removed immediately from the site of the Work, unless otherwise perinitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approval in writing has been given by the Engineer. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective inaterial and to deduct the cost of removal and replacement from any monies due or to become due the Conti-actor, 3. Samples and Tests. Representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the Work, for testing or examination as desired by the Engineer. All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations and such special methods and tests as are prescribed in these specifications. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. Samples will be secured and tested whenever necessary to determine the quality of material. Contractor shall notify City a sufficient time in advance of the manufacture or production of materials to be supplied by Contractor under this contract in order that City may arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representatives,, or prior to the receipt of notice from such representative that such testing and inspection will not be required, shall not be incorporated on the job of said improvements. Contractor shall also furnish City, in triplicate, certified copies of all required factory and mill test reports. GP-14 of 48 -38- 4. General Materials and Substitutions Requirements. a, If the Contractor submitted complete information to the Engineer for products proposed as equals in accordance with the bid package, and the City approved such products proposed as equals in writing, the Contractor may either furnish such products approved as equals, or famish the products listed by manufacturer name, brand or model number in the Technical Specifications or Project Plans. The City retains the right, in its sole discretion, to accept or reject any other proposed substitution. To be considered, proposals concerning products proposed as equals must include sufficient information to permit the City to determine whether the products proposed as equals will satisfy the same performance requirements as products listed by manufacturer's name, brand or model number. Such performance requirements may include, but are not limited to, size, strength, function, appearance, ease of maintenance and repair, and useful life requirements. If the City does not accept a proposed substitution, the Contractor must furnish the product specified in the Technical Specifications or Project Plans for the Contract Price, regardless of whether the product is specified by manufacturer's name, brand or model number, or otherwise. b. During the performance of the Work, all materials must be neatly stacked, properly protected from the weather and other adverse impacts, and placed so as to avoid interference with efficient progress of the Work, with other activities of the City, or with the use of existing City facilities by the public, Materials may not be stored in a manner that presents a. safety hazard or a nuisance. All materials must be delivered so as to ensure efficient and uninterrupted progress of the Work. Materials must be stored so as to cause no obstruction and so as to prevent overloading of any portion of the Work. The Contractor will be responsible for dainage or loss of materials delivered to and/or stored at the work site due to weather or other causes, The Contractor must promptly remove from the work site all materials rejected by the City or its representatives as failing to conform to the requirements of the Contract Documents, whether such non-conforming materials have been incorporated in the Work or not. If the City or its representatives so direct, the Contractor must promptly replace and re-execute work perfon-ned by the Contractor and order the replacement and re-execution of work performed by subcontractors using non-conforming), materials with materials that satisfy the requirements of the Contract Documents without expense to the City. The Contractor will bear the expense of making good all work destroyed or damaged by such removal. The Contractor will have all of the obligations and the City will have all of the rights and remedies that are specified in this section concerning any failure by the Contractor to replace or re-execute work using non-conforming materials, and/or to make good all work destroyed or damaged by such removal and/or execution. c. If any portion of the Work done or material furnished under this Contract proves defective and not in accordance with the Project Plans or Teefirlical Specifications, and if the Engineer determines that the imperfection of the same is not of sufficient magnitude or importance to make the Work dangerous or undesirable, or if the removal of such work, is impractical or will create conditions which are dangerous or undesirable, the Engineer may retain such work, instead of requiring the imperfect work to be removed and reconstructed, and make such deductions therefore in the payments due or to become due the Contractor as are just and reasonable. GP-15 ,of 48 -39- 5. Storage or Disposal of Material Outside the Public Right of Way. If the Contractor stores or disposes of material outside of the public right of way, and the City has not made arrangement for storage or disposal of the material, the Contractor shall first obtain written authorization from the property owner on whose property the storage or disposal is to be made and the Contractor shall file with the Engineer the authorization or a certified copy thereof together with a written release from the property owner absolving the City from any and all responsibility in connection with the storage or disposal of material on the property. Contractor must also obtain any necessary permits, licenses and environmental clearances to store or dispose of material on private property. Before any material is stored or disposed of on. private property, the Contractor shall obtain written pennission from the Engineer to store or dispose of the material at the location designated in the authorization. If the Contractor elects to store or dispose of material subject to this paragraph, the Contractor shall pay those charges that are provided for in the agreement between the owner and the Contractor, Where the City has made arrangements with owners of land in the vicinity of a project for the storage or disposal of materials on a private owner's property, the arrangements are made solely for the purpose of providing all Bidders an equal opportunity to store or dispose of the materials on the property, Bidders or Contractors may, upon. written request, inspect the documents evidencing the arrangements between property owners and the City. The Contractor may, if the Contractor so elects, exercise any rights that have been obtained. If' the Contractor elects to store or dispose of materials on private property subject to this paragraph, the use of the private property shall be subject to the terms, conditions, and limitations of the arrangement made between the property owner and the City and the Contractor shall pay those charges that are provided for in the arrangement made by the City with the property owner, and deductions will be made from any moneys due or that may become due the Contractor under the Contract sufficient to cover the charges for the material stored or disposed of When material is stored or disposed of as provided in this section, and the storage or disposal location is visible from public view, the Contractor shall store or dispose of the material in a neat and uniform manner to the satisfaction of the Engineer, Material storage as used in this section also includes vehicle pat-king. 6. Construction and Demolition Waste Management Plan (WMP). The City is mandated by the State of California to divert 50% of all solid waste from landfills either by reusing or recycling. To help meet this goal, a City ordinance requires completion of a solid waste management plan (WMP) for covered building and public works projects. The WMP shall identify how at least 50% on non-inert project waste materials and 100% inert materials (501100) will be diverted from the landfill through recycling, reuse and/or salvage, The Contractor shall submit and implement an approved WMP as indicated in the Special Provisions. GP-16 of 48 -40- SECTION V11 LEGAL RELATIONS AND RESPONSIBILITY I Laws to be Observed. The Contractor shall stay fully informed of all existing and future State and National Laws, including all provisions of Section 1776 of the Labor Code, and Municipal Ordinances and Regulations which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees. In addition, the Contractor shall meet all standards of the State and Federal Government for air, water and noise pollution. The Contractor shall inform the City of the location of the records enumerated under Section 1776(a) of the Labor Code, including the street address, city and county, and shall within five working days, provide a notice of a change of location and address. If there is any conflict between these specification and provisions and any laws or regulations, the matter shall be brought to the attention of the Engineer immediately. All necessary permits or approvals from any involved agency shall be obtained by the Contractor before any work is started. 2. Trench Safety and Differing Subsurface Conditions. a. Excavation More Than Four Feet Deep, In accordance with California Public Contract Code Section 7104, if work involves excavation more than four feet deep, the Contractor must promptly notify the City in writing before any of the following are disturbed: any material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class 1, Class 11, or Class III disposal site in accordance with provisions of existing law; any subsurface or latent physical conditions at the work site different from those indicated; or any unknown physical conditions at the work site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. The City will promptly investigate any such conditions for which notice is given. If the City finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease or increase in the cost or time of performance of the Work, the City will issue a change order pursuant to Section IV-4, "City Directed Change Orders" of these General Provisions if a dispute arises between the City and the Contractor concerning whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the cost or time of performance, the Contractor shall not be excused from any completion date provided in the Contract Documents, but shall proceed with all work. to be performed under the Contract Documents, The Contractor shall retain any and all rights provided either by contract or by law pertaining to the resolution of disputes and protests between the contracting parties. b. Excavation of Five Feet or More. In accordance with California Labor Code Section 6705, if this contract exceeds $25,000 in cost and involves excavation five or GP-17 of 48 -41- more feet deep must submit for the City's acceptance, prior to excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. No trench safety plan shall be less effective than that required by the Construction Safety Orders and other mandates of the Division of Occupational Safety and Health. If the plan varies from the shoring system standards established by the Construction Safety Orders and other applicable mandates, it must be prepared by a licensed civil or structural engineer. Acceptance by the City of the detailed trench safety plans submitted is only an acknowledgement of the submission and does not constitute review or approval of the designs, design assumptions, criteria., completeness, applicability to areas of intended use, or implementation of the trench safety plans, which are solely the responsibility of the Contractor and the Contractor's Licensed Engineer. 3, Hours of Labor. The Contractor shall forfeit, as penalty to the City of South San Francisco, fifty dollars ($50) for each worker eniployed in the execution of the contract by the Contractor or by any subcontractor under the Contractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in violation of the provisions of the Labor Code and in particular, Section 1810 to Section 1816 thereof, inclusive. 4. Review of Per Diem Rates. Reference is hereby made to the prevailing rate of per them wages adopted by the City Council of the City of South San Francisco in accordance with Labor Code Section 1770 et seq,,, copies of which are on file in the office of the City Clerk and the Office of the Engineer, City Hall,, South San Francisco, California, and available for inspection by interested parties. If a petition is filed in accordance with Labor Code Section 1773,4 calling for a review of the rates as so established, the closing rate for the submission of bids or the start of work,whichever is applicable shall be extended as in such section provided, and the determination made by the Director of Industrial Relations shall be deemed included in the contract for this Work. 5, Prevailing Wage. The wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this contract, shall be not less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where the work hereby conternplates to be performed as determined by the Director of Industrial Relations pursuant to the Director's authority under Labor Code Section 1770 et seq. Each laborer, worker or mechanic employed by a Contractor or by any subcontractor shall receive the wages herein provided for. The Contractor shall pay fifty dollars ($50) per day penalty for each worker paid less than prevailing rate of per them wages. The difference between the prevailing rate of per diern wages and the wage paid to each worker shall be paid by the Contractor to each worker. The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the Contractor's bid, and will not, under any circumstances be considered as the basis of a claim against the City on the contract. GP-18 of 48 -42- NOTE: An error on the part of an awarding body does not relieve the Contractor from responsibility for payment of the prevailing rate of per them wages and penalties pursuant to Labor Code Sections 1770-1775. a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so engaged. b. Payroll Records, The Contractor and subcontractor's attention is directed to the provisions of Section 1776 of the California Labor Code and to the requirements therein pertaining to the keeping, availability, and filing of accurate payroll records of all journeymen, apprentices, and other workers perforining work under this Contract. The Contractor agrees to comply with the requirements of said section. Prior to each monthly progress payment, the Contractor shall deliver to the Engineer copies of certified payrolls of its and all subcontractors' forces performing work at the job site (or sites established primarily for the work) for labor compliance purposes and extra/force account considerations. Such records shall be kept current on an effective day or period basis and in a form acceptable to the Engineer. At a minimum,the form shall include the following inforniation: 1. Employee identification by name 2. Employee's address and social security number 3. Employee's craft and classification (in accordance with Director of Industrial Relations' wage determinations) 4. Employee's actual per them wages (in compliance with Part 1, Notice to Contractors, and this Section GC-20, Laws and Regulations) 5. Employee's subsistence and travel allowance (as applicable) & Employee's straight time and overtime hours worked each day and week 7. Itemized deductions rnade from employee's wages 8. Apprentices and ratio of apprentices to journeymen 9. Contractor's or subcontractor's firin or company name, date or period for wl-rich applicable wage rates and allowances are effective, and the employer's signature. GP-19 of 48 -43- The certified payroll records shall be kept on forms provided by the Division of Labor Standards Enforcement, or shall contain the same information as the forms provided by the Division in addition to the above-listed information. For all projects awarded on or after April 1, 2015, in addition to submitting the certified payrolls to the Engineer, the Contractor shall furnish the records specified in California Labor Code section 1776, including but not limited to the certified payrolls, directly to the Labor Commissioner. The Contractor shall furnish the records specified in California Labor Code section 1.776 to the Labor Commissioner for all projects, whether such project is a new project awarded on or after, or an ongoing project awarded prior to, January 1, 2016. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury stating: (1) The information contained in the payroll is true and correct; and (2)The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by its employees on the Project. The Conti-actor shall inform the City of the location of the above payroll records, including the street address, city and county, and shall, within five (5) working days, provide a notice of change of location and address. The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting certified payroll records. In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the District, forfeit one hundred dollars ($100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. The Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the District shall be marked or obliterated in accordance with California Labor Code section 1776. Compliance with the above provisions of this Part 11, and California Labor Code, Section 1776, shall be the responsibility of the Contractor or subcontractor. Pursuant to Labor Code Section 1771.4,Contractor is required to post all job site notices prescribed by law or regulation that include,but are not limited to, payment of prevailing wages. 6. Registration of Contractors. Before submitting bids, Contractors shall be licensed in accordance with the provisions of the State Contractors' License Law, Business and Professions Code 7000 et seq, as amended. Pursuant to California Labor Code section 1771.1, by execution below, the Bidder and its Subcontractors certify that they are registered and qualified to perform public work pursuant to section 1725.5 of the California Labor Code, subject to limited legal. excemions. GP-20 of 48 -44- 7. Permits and Licenses. The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work. A City of South San Francisco Business License:will be required before the contract is signed by the City. S. Patents, The Contractor shall assume all costs arising from the use of patented materials, equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save harmless the City of South San Francisco, the City Council, and the Engineer, and their duly authorized representatives, for all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, services, or processes. 9, Contractor's Field Office. a. The Contractor and the Contractor's subcontractors may maintain such office facilities within or near the project area as are necessary for the proper conduct' of the Work. The locations for such office facilities shall be as approved by the Engineer, Before or during this contract, should the Contractor desire a new or different location, he shall apply to the Engineer for the change of locations and shall only make such change with the approval of the Engineer. All. office facilities used by the Contractor and/or its privities must conform to all applicable codes, ordinances and regulations. The cost of such facilities will be paid from and included in the Contract Price. b. The City and its authorized representatives will at all reasonable times while such office facilities are located at the work site (including, at a minimum, all times during which the Work is performed),have access to any such work site office facilities used by the Contractor and/or its privities, With respect to the right of access of the City and its authorized representatives, neither the Contractor nor its privities will have a reasonable expectation of privacy pursuant to the Fourth Amendment to the United States Constitution or other applicable law concerning such Work site office facilities used by the Contractor and/or its privities. Without exception, any and all Project related materials located at such. work site facilities will be deemed at all times to be City property subject to inspection and copying by the City and its authorized representatives at all reasonable times while such facilities are located at the work site (Including at a minimum, all times during which the Work is performed), Any interference by.the Contractor or its privities with the City's rights of access and/or ownership pursuant to this section will constitute a material breach of the Contract subject to any and all remedies available pursuant to the Contract Documents and at law and equity. 10. Utilities. The location in public streets of pipes, conduits and other underground facilities of the public utility companies and of the City may not be indicated on the plans. Bidders are instructed to apply to companies and City departments concerned for any infonnation, which may be needed concerning utilities. 11. Contractor Cooperation & Coordination. The Contractor is advised that other construction and maintenance work may be performed by local utility companies, the City and/or their contractors in the project area concurrent with work performed under this contract, The Contractor shall be responsible for contacting the various utility companies to ascertain the times when such other work will occur and schedule the Contractor's work in GP-21 of 48 -45- coordination with others such that no delays shall occur in the Contractor's work schedule or in others who are working in the area. Failure on the Contractor's pail to coordinate with others in overlapping work areas shall not be the basis for any claims against the City, additional compensation nor extension of time. In addition, the Contractor shall be solely responsible for any claims made against the City by others as a result of the Contractor's lack of coordination. This shall include businesses and homeowner's adjacent to the project area. 12, Public Convenience. The Contractor shall so conduct the Contractor's operations as to cause the least possible obstruction and inconvenience to public traffic. Where work is being done on existing public roads or streets, and no detours are available, all traffic shall be permitted to pass through the work with as little inconvenience and delay as possible. Due to the need to accommodate and minimize inconvenience to the public, unless expressly specified or approved in writing by the Engineer, no road closures will be permitted, Public vehicular and pedestrian traffic must be allowed to travel through the work area with an absolute minimum of interruption or impedance unless otherwise provided for in writing by the Engineer. The Contractor must make provisions for the safe passage of pedestrians around the area of work at all times. Residents affected by construction must be provided passage and access through the work area to the maximum extent possible. Where existing driveways occur on the street, the Contractor must make provisions for the trench crossings at these points, either by means of backfill or by temporary bridges acceptable to the Engineer, so that the length of shut-down of any driveway is kept to a minimum, In addition, all driveways must be accessible at the begirming and end of each work day, and no driveway or property access may be closed for more than four(4) hours during the work day. Access to driveways, houses, and buildings along the road or street must be as convenient as possible and well maintained, and all temporary crossings must be maintained in good condition, To minimize the need for and complexity of detours, not more than one crossing or street intersection or road may be closed at any one time without the written approval of the Engineer, Except as otherwise provided by the Engineer, the stockpiling or storing of material in City streets or right of ways shall be prohibited. Where the Contractor has received Engineer approval, all such materials must be piled or stored in a manner that will not obstruct sidewalks, driveways, or pedestrian crossings. Gutters and drainage channels must be kept clear and unobstructed at all times. All such materials shall be stored and handled in a manner that protects City streets, sidewalks, or other facilities from damage. Throughout performance of the Work, the Contractor must construct and adequately maintain suitable and safe crossings over trenches and such detours as are necessary to care for the public and private traffic at all times including Saturdays, Sundays, and holidays. GP-22 of 48 -46- Water shall be applied as directed the Engineer for the prevention of dust nuisance in connection with public convenience. No additional payment will be made for applying water for the prevention of dust. The Contractor shall be responsible for keeping all emergency services, including the South San Francisco police and fire departments informed of obstructions to, or detours around any public or private roads caused by reasons of the Contractor's operations. The Contractor must comply with the State of California, Department of Transportation Manual of warning signs, lights, and devices for use and performance of work within the job site. No work shall begin before 7:00 a.m. nor continue after 5:00 p.m. Monday through Friday, nor shall any work be done on weekends or holidays observed by the City of South San Francisco unless approved in advance by the Engineer. The fact that rain or other causes, either within or beyond the control of the Contractor, may force suspension or delay of the Work, shall in no way relieve the Contractor of Contractor's responsibility of maintaining traffic through the Project and providing local access as specified in this section. The Conti-actor must, at all times, keep on the job such materials, force, and equipment as may be necessary to keep roads, streets and driveways within the Project open to traffic and in good repair and shall expedite the passage of such traffic, using such force and equipment as may be necessary. Full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in this item of work as above specified, shall be considered. as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. 13, Public Safety, The Contractor shall famish, erect, and maintain such fences, barriers, lights, signs and watcl-irrien as are necessary to give adequate warning to the public at all times that the Work is under construction and of any dangerous conditions to be encountered as a result thereof. At any and all points along tile Work where the nature of construction operations in progress and the Contractor's equipment and machinery in use is of such character as to endanger passing traffic, the Contractor shall provide such lights and signs and station such guards as may appear necessary to prevent accidents and avoid damage or injury to passing traffic. No material or equipment shall be stored where it will interfere with the free: and safe passage of public traffic. At the end of each days work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic, Full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in this item of work as above specified, shall. be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. Should the Contractor fail to provide public safety GP-23 of 48 -47- as specified, or if, in the opinion of the Engineer, the warning devices furnished by the Contractor are not adequate, the City may place any warning lights or barricades or take any necessary action to protect or warn the public of any dangerous condition connected with the Contractor's operations and the Contractor will be liable to the City for, and the City may deduct fi-om amounts due or that may become due the Contractor under the Contract, all costs incurred including, but not limited to,, administrative costs. Nothing in this section will be construed to impose tort liability on the City or Engineer, 14. Preservation of Property. Roadside trees and shrubbery that are not to be removed, and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines under or above ground, sewer and water lines, all street facilities, and any other improvements or facilities within or adjacent to the Work shall be protected from injury or damage. If such objects are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored, at the Contractor's expense, to a condition as good as when the Contractor entered upon the Work, or as good as required by the specifications accompanying the contract, if any such.objects are a part of the Work being performed under the contract. The Contractor shall examine all bridges, culverts and other structures oil or near the Work, over which he will move the Contractor's materials and equipment, and before -using them, the Contractor shall properly strengthen such structures, where necessary. The Contractor will be held responsible for any and all injury or damage to such structures caused by reason of the Contractor's operations. The fact that any such pipe or other underground facility is not shown upon the plans shall not relieve the Contractor of the Contractor's responsibility under this article. It shall be the Contractors' responsibility to ascertain the existence of any underground improvements or facilities, which may be subject to darnage by reason of the Contractor's operations, and if it is necessary to lower such underground facility or encase it to protect it from damage, it shall be done at the Contractor's expense, 15. Responsibility for Damage. The City of South San Francisco, the City Council, or the Engineer shall not be answerable or accountable in any manner, for any loss or damage that may happen to the Work or any part thereof; or for any of the materials or other things used or employed in performing the Work; or for injury or damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause whatsoever during the progress of the Work or at any time before final acceptance. 16. Contractor's Indemnities. a. The Contractor will take all responsibility for the Work, and will bear all losses and damages directly or indirectly resulting to the Contractor, any subcontractors engaged in perfon-nance of the Work, the City, its officials, officers, employees, agents, volunteers and consultants, and to third parties on account of the performance or character of the Work, unforeseen difficulties, accidents, or occurrences of other causes predicated on active or passive negligence of the Contractor or of any subcontractor GP-24 of 48 -48- engaged in performance of the Work. To the fullest extent permitted by law the Contractor will indemnify, defend and hold harmless the City, its officials, officers, employees, agents, volunteers and consultants from and against any Or all loss, liability, expense, claims, costs (including Costs of defense), suits, and damages of every kind, nature and description (including, but not limited to, penalties resulting from exposure to hazards in violation of the California Labor Code) directly or indirectly arising from the performance of the Work ("Claims"). b, The Contractor will indemnify, defend and hold harmless the City, the City's officials, officers, employees, volunteers, agents and the Engineer and Architect for all liability on account of any patent rights, copyrights, trade names or other intellectual property rights that may apply to the Contractor's performance of the Work, The Contractor will pay all royalties or other charges as a result of intellectual property rights that may apply to methods, types of construction, processes, materials, or equipment used in the performance of the Work, and will furnish written assurance satisfactory to the City that any such charges have been paid. C. The Contractor assumes all liability for any accident or accidents resulting to any person or property as a result of inadequate protective devices for the prevention of accidents in connection with the p,erfon-nance of the Work. The Contractor will indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, volunteers and consultants from such liability. d. Approval of the Contractors certificates of insurance and/or endorsements does not relieve the Contractor of liability under this provision. The Conti-actor will defend, with legal counsel reasonably acceptable to the City, any action or actions filed in connection with any Claims and will pay all related costs and expenses, including attorney's fees incurred. The Contractor will promptly pay any Judgment rendered against the City, its officials, officers, employees, agents, volunteers or consultants for any Claims. In the event the City, its officials, officers, employees, agents, volunteers or consultants is made a party to any action or proceeding filed or prosecuted against Contractor for any Claims, Contractor agrees to pay the City, its officials, officers, employees, agents, volunteers and consultants any and all costs and expenses incurred in such action or proceeding, including but not limited to, reasonable attorneys' fees. e. The Contractor will indemnify, hold harmless and defend with. legal counsel reasonably acceptable to the City the City and its officials, officers, employees, agents and volunteers from and against any and all Claims related to damage to surface or underground facilities caused by the Contractor or any of the Contractor's privities or agents. f The Contractor will indemnify, hold harmless and defend with legal counsel reasonably acceptable to the City the City and its officials, officers, employees, agents and volunteers from and against any and all Claims, including any fines or other penalties, related to failure of the Contractor and/or privities or agents of the Contractor to comply with the requirements of the State of California's National Pollution Discharge Elimination System General Pen-nit, or to implement the project specific Storm Water Pollution Protection Plan (SWPPP) in accordance with the Technical Specifications, The City may withhold from amounts due or that may become due the Contractor under this GP-25 of 48 49- Contract amounts that equal or are estimated to equal the amount of Claims, including fines, resulting from failure of the Contractor and/or privities or agents of the Contractor to comply with the requirements of the General Permit, or to implement the SWPPP in accordance with the Technical Specifications, 9. In accordance with California Civil Code Section 2782(a), nothing in the Contract will be construed to indemnify the City for its sole negligence, willful misconduct, or for defects in design famished by City. In accordance with California Civil Code Section 2782(b), nothing in the Contract will be construed to impose on the Contractor or to relieve the City from liability for the City's active negligence. By execution of the Contract Documents the Contractor acknowledges and agrees that the Contractor has read and understands the insurance and indeninity requirements of the Contract Documents, which are material elements of consideration, 17. Contractor's Responsibility for Work. Except as provided above, until the formal acceptance of the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work, The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any of the above caused before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages as are directly and proximately caused by acts of the Federal Government or the public enemy. In case of suspension of work from any cause whatever, the Contractor shall be responsible for the work as above specified and he shall also be responsible for all materials delivered to the Work including materials for which he has received partial payment, I& Portion of the Work, Which May-b City gPlaced.in,1ServJce. If desired by the�C' of South San Francisco, the Work, as completed, may be placed in service. The Contractor shall give proper access to the Work for this purpose but such use and operations shall not constitute an acceptance of the Work-, and the Contractor shall remain liable for defects due to faulty construction,material and/or worlmianship. 19. No Personal Liability. Neither the Engineer nor the City Council, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract. 20. No Abrogation of Codes, Standards, Laws and Ordinances. The Contractor and all subcontractors engaged in the performance of the Work must conforril to the following specific rules and regulations as well as all other laws, ordinances, rules and regulations that apply to the Work. Nothing in the General Provisions or plans is to be construed to permit Work not conforming to these codes: National Electrical Safety Code,U. S. Department of Commerce • National Board of Fire Underwriters'Regulations GP-26 of 48 _50- California Building Standards Code as adopted by the City • Manual of Accident Prevention in Construction, latest edition, published by A,G.C, of America industrial Accident Comi-nission's Safety Orders, State of California Regulations of the State Fire Marshall (Title 19, California Code of Regulations) and Applicable Local Fire Safety Codes Labor Code of the State of California - Division 2, Part 7, Public Works and Public Agencies. 21. Guaranty, Unless specified otherwise, the Contractor guarantees all of the Work for one year from the date the City accepts the Work. Upon receiving written notice of a need for repairs which are directly attributable to defective materials or workmanship the Contractor must make good any defects arising or discovered in any part of the Work by diligently commencing the necessary repairs within seven (7) days from the date of notice from the City. If the Contractor fails to make good any defects in the Work in accordance with this provision, in addition to any other available remedy under the Contract or at law or equity, the City may make good or have made good such defects in the Work and deduct the cost from amounts that may be due or become due the Contractor, and/or call on the Contractor's maintenance bond for the cost of making good such defects and for the City's reasonable legal costs, if any, of recovering against the bond. The Contractor will remain responsible for repairing any Work found to be defective regardless of when such defect is discovered by the City. Contractor shall file with City a corporate surety bond in the sum of ten percent (10%) of the final contract price (including all change orders for extra work securing this guaranty to City, and said bond shall be filed at the tirne final acceptance of this Work is requested. Should Contractor not file said bond as required herein, City may retain the remaining ten percent (10%) of the contract price as a cash bond for said one (1) year period. Should Contractor within a reasonable time after demand made fail to make any and all such repairs or replacements, City may undertake said repairs and replacements with its own forces or through contract, and Contractor shall reimburse City for any and all costs of said repairs or replacements, even if said cost exceed the principal sum of the corporate surety bond which is security for the performance of this guaranty. Contractor and the Contractor's surety may provide the aforegoing guaranty in the original performance bond. 22. General Safety Requirements. a. In accordance with generally accepted construction practices and applicable law, the Contractor will be solely and completely responsible for conditions of the work site, including safety of all persons and property during performance of the Work. This requirement will apply continuously and not be limited to normal working hours. For purposes of California Labor Code Section 6400 and related provisions of law, the Contractor and the Contractor's privities and any other entities engaged in the performance of the Work will be "employers" responsible for furnishing employriient and a place of employment that is safe and healthful for the employees, if any, of such entities GP-27 of 48 -51- engaged in the performance of the Work. Neither the City nor its officials, officers, employees, agents, volunteers or consultants will be "employers" pursuant to California Labor Code Section 6400 and related provisions of law with respect to the Contractor, the Contractor's privities or other entities engaged in the performance of the Work. The Contractor agrees that neither the City, the Architect, nor the Engineer will be responsible for having hazards corrected and/or removed at the work site. The Contractor agrees that the City will not be responsible for taking steps to protect the Contractor's employees from such hazards, or for instructing the Contractor's employees to recognize such hazards or to avoid the associated dangers. The Contractor agrees with respect to the Work and the Work site, the Contractor will be responsible for not creating hazards and for having hazards corrected and/or removed, for taking appropriate, feasible steps to protect the Contractor's employees from such hazards and that the Contractor has instructed and/or will instruct its employees to recognize such hazards and how to avoid the associated dangers. b. Review and inspection by the City, the Engineer, the Architect or Engineer, and/or other representatives of the City of the Contractor's performance of the Work will not constitute review of the adequacy of the Contractor's safety measures in, on, or near the Work site. Such reviews and inspections do not relieve the Contractor of any of the Contractor's obligations under the Contract Documents and applicable law to ensure that the work site is maintained and the Work is performed in a safe manner, C. The Contractor will be solely responsible for the implementation and maintenance Of Safety programs to ensure that the work site is maintained and the Work is performed in a safe manner in accordance with the Contract Documents and applicable law. d, The Contractor must furnish and place proper guards and systems for the prevention of accidents, including, but not limited to, those systems required pursuant to Title 8, Section 1670 and following, of the California Code of Regulations concerning safety belts and nets. The Conti-actor must provide and maintain any other necessary systems or devices required to secure safety of life or property at the work site in accordance with accepted standards of the industry and applicable law. The Contractor must maintain during all night hours sufficient lights to prevent accident or damage to life or property. 23. Fair Employment Provision. The Contractor will not willfully discriminate against any employee or applicant for employment because of race, color, religion, ancestry or national origin. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising-, layoff or ten-nination: rates of pay or other forms of compensation-, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this fair employment practices section. 24. Employment of Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.8 of the Labor Code GP-28 of 48 -52- concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. Section 1777,5, as amended, required the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval.. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five (1:5) except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of fifteen percent (15%) in the ninety (90) days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five (1:5), or C, When the trade can show that it is replacing at least 1/30 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provided evidence that he employs registered apprentices on all of the Contractor's contracts on an annual average of not less than One apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the administration of apprenticeship, programs if he employs registered apprentices or journeymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and any subcontractor Linder the Contractor shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. GP-29 of 48 -53- SECTION VIII PROSECUTION AND PROGRESS I Subcontracting. No subcontractor will be recognized as such, and all persons engaged in the Work, or construction will be considered as employees of the Contractor and he will be held responsible for their work, which shall be subject to the provisions of the contract and specifications. The Contractor shall give the Contractor's personal attention to the fulfillment of the contract and shall keep the Work under the Contractor's control. The Contractor shall be responsible for the Contractor's own and subcontractors' compliance with Section 1777.5 of the Labor Code regarding apprenticeable occupations as in said section provided. Any Contractor willfully failing to comply with this section shall be denied the right to bid on a public works contract for a period of six (6) months from the date the determination is made. Where a portion of the Work, which has been subcontracted by the Contractor, has not been prosecuted in a manner satisfactory to the Engineer, the subcontractor shall be removed immediately on the requisition of the Engineer and shall not again be employed on the Work, 2. Assignment. The performance of the contract may not be assigned except upon the written consent of the City. Consent will not be given to any proposed assignment, which would relieve the original, Contractor or the Contractor's surety of their responsibilities under the contract nor will the City consent to any assignment of a part of the Work under the contract. 3. Time of Completion and Statement of Working DqysL. The Contractor shall complete all or any designated portion of the work called for under the contract in all parts and requirements within the time set forth in the Special Provisions, Determination that a day is a non-working day by reason of inclement weather or conditions resulting immediately therefrom, shall be made by the Engineer, The Engineer will furnish the Contractor a monthly statement showing the number of working days charged to the contract for the preceding month, the number of working days of time extensions being considered or approved, the number of working days originally specified for the completion of the contract and the number of working days remaining to complete the contract and the extended date for completion thereof, except when working days are not being charged in conformance with the provisions in Section V111-6, "Temporary Suspension of Work" of these General Provisions, The Contractor will be allowed 15 days from the issuance of the monthly statement of working days in which to file a written protest setting forth in what respects the Contractor differs from the Engineer; otherwise, the decision of the Engineer shall be deemed to have been accepted by the Contractor as correct, GP-30 of 48 -54- 4. Proaress of the Work and Time of Cop2pletion. The Contractor shall begin work upon receipt of the Notice to Proceed. However, the Contractor shall begin work no earlier than the twenty-first (21 st) day after the commencement of the advertisement of the call for bids. S. Character of Workers. If any subcontractor or person employed by the Contractor shall fail or refuse to carry out the direction of the Engineer or shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the requisition of the Engineer, and such person shall not again be employed on the Work, 6, Temporary Suspension of Work. The Engineer shall have the authority to suspend the Work wholly or in part, for such period as he may seem necessary, due to unsuitable weather, or to such.other conditions as are considered unfavorable prosecution of the Work, or for such time as he may seem necessary due to the failure on the part of the Contractor to carry out orders given, or to perform any provision of the contract. The Contractor shall immediately comply with the written order of the Engineer to suspend work wholly or in part, The Work shall be resumed when conditions are favorable and methods are corrected, as ordered or approved in writing by the Engineer. T No Contractor Damages for Avoidable Delas. All delays in the Work that might have been avoided by the exercise of care, prudence, foresight and diligence of the Contractor or any privities of the Contractor will be deemed avoidable delays. Delays in the Work that may be unavoidable but that do not necessarily affect other portions of the Work or prevent completion of all work within the Time for Completion, including, but not limited to, reasonable delays in Engineer approval of shop drawings, placement of construction survey stakes, measurements and inspection, and such interruption as may occur in prosecution of the Work due to reasonable interference of other contractors of the City, will be deemed avoidable delays. The Contractor will not be awarded a. change in the Proi.ect schedule, the Time for Completion, and/or additional compensation in excess of the contract price for avoidable delays. 8. Impact of Unavoidable Delays, All delays in the Work that result from causes beyond the control of the Contractor and that the Contractor could not have avoided through exercise of care, prudence, foresight, and diligence will be deemed unavoidable delays. Orders issued by the City changing the amount of Work to be done, the quantity of materials to be furnished, or the manner in which the Work is to be prosecuted, and unforeseen delays in the prosecution of the Work due to causes beyond the Contractor's control, such as strikes, lockouts, labor disturbances, fires, epidemics, earthquakes, acts of God, neglect by -utility owners or other contractors that are not privities of the Contractor will be deemed unavoidable delays to the extent they actually delay the Contractor's completion of the Work. The Contractor will be awarded a change in the Project schedule, the Time for Completion, and/or additional compensation in excess of the contract price for unavoidable delays to the extent such delays actually delay the Contractor's completion of the Work and/or result in the Contractor incurring additional costs in excess of the Contract Price. Delay due to normal, adverse weather conditions will not be deemed unavoidable, The Contractor should understand that normal adverse weather conditions are to be GP-31 of 48 -55- expected and plan the Work accordingly, such as by incorporating into the Project Schedule normal, adverse weather delays as reflected in historical data of the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce for the weather station most applicable to the Work site. 9. No Contractor Damages for Contractor Caused Delay, Contractor will not be entitled to additional compensation for extended field or home office overhead, field supervision, costs of capital, interest, escalation charges, acceleration costs or other impacts for any delays to the extent such delays are caused by the failure of the Contractor or any subcontractor or other entity engaged in performance of the Work to perform the Work in accordance with the Contract Documents. 10. No Contractor Damages for .Del,ay Not Caused By the..City, Delav Contemplated by the Parties, or other Reasonable Delay. Contractor will not be entitled to damages for delay to the Work caused by the following, which the City and Contractor agree will be deemed for purposes of California Public Contract Code Section 7102 either not caused by the City, and/or within the contemplation of the City and the Contractor, and/or reasonable under the circumstances; Exercise of the City's right to sequence the Work in a manner that would avoid disruption to the City and other contractors based on: the failure of the Contractor or any subcontractor or other entity engaged in the performance of the Work to perform the Work in accordance with the Contract Documents, enf-orcei-nent by the City or any other governmental agency of competent jurisdiction of any government act or regulation, or enforcement by the City of any provisions of the Contract, Requests for clarification or information concerning the Contract Documents or proposed change orders or modifications to the Contract Documents, including extensive and/or numerous such requests for clarification or information or proposed change orders or modifications, provided such clarifications or inform-nation or proposed change orders or modifications are processed by the City or its representatives in a reasonable time in accordance with the Contract Documents. 11. Delays Caused by the City and/or Its Privities, Delay caused by the City and/or other contractors of the City will be deemed unavoidable delays. Either the City or the Contractor may propose a change in the Time for Completion and/,or the Project Schedule for delays that are put-ported to be caused by the City and/or its privities and that are not reasonable under the circumstances involved and/or that are not within the contemplation of the City and the Contractor. Such proposed changes in the Time for Completion will constitute a change order proposal, The City and the Contractor may agree upon pricing for the cost impacts, if any, resulting from such delays. If such pricing and/or changes in the Time for Completion and/or the Project Schedule are in anticipation of impacts that may, but have not yet occurred, the City will be obligated to pay the Contractor for such anticipated impacts or to award a change in the Time for Completion and/or the Project Schedule in accordance with the Contract and any applicable, approved change orders only to the extent the Contractor actually incurs the anticipated impacts. Notwithstanding anything to the contrary, the City and the Contractor may agree to a daily rate or cap or lump sum that will apply to the cost impacts, if any, resulting from delay purportedly caused by the City and/or its privities GP-32 of 48 -56- subject to this provision. However, if such daily rate or cap or lump sum is in anticipation of cost impacts that have not yet occurred, the City will be obligated to pay such daily rate or cap or lump sum only to the extent the Contractor actually incurs such cost impacts. 12, Delay Claims. Whenever the Contractor claims a delay for which the Time for Completion may be extended, the Contractor must request an extension of time within five (5) days of the start of the delay. The request must be in writing and describe in detail the cause for the delay, and, if possible, the foreseeable extent of the delay. 13. Contractor Coordination of the Work. The City reserves the right to do other work in connection with or in the vicinity of the Project by contract or otherwise, and Contractor must at all times conduct the Work so as to impose no hardship on the City, others engaged in the Work or other contractors working at the work site. The Contractor will adjust, correct and coordinate the Work with the work of others so that no delays result in the Work or'other work at or near the work site. If any pail of the Work depends on proper execution or results upon the Work of the City or any other contractor, the Contractor will, before proceeding with such Work, promptly report to the City any apparent discrepancies or defects in such other work. Failure: of the Contractor to promptly report any apparent discrepancy or defect will be deemed an acceptance of the City's or other contractor's work as fit and proper, The Contractor will anticipate the relations of the various trades to the progress of the Work and will ensure that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking necessary for each trade will be part of the Work except where stated otherwise,, The Contractor will provide proper facilities at all times for access of the City, the Engineer, Architect, and other authorized City representatives to conveniently examine and inspect the Work, 14, Liquidated Damages. The Contractor shall complete the work called for under the contract in all pails and requirements within the number of working days specified, It is agreed by the parties of the contract that in case all the work called for under the contract is not completed before or upon the expiration of the time limit as set forth in the Agreement for Public Improvements, damage will be sustained by the City, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum prescribed in the Special Provisions per working day for each and every working day's delay beyond the tirne prescribed to complete the Work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the contract. It is further agreed that in case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City GP,-33 of 48 -57- shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if the City decided to extend the time for completion of the contract, it shall further have the right to charge to the Contractor, the Contractor's heirs, assigns, or sureties, and to deduct from the final payment for the Work, all or any part as it may seem proper, of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of-final surveys and preparation of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the cost of Engineering and inspection during any delay in the completion of the Work caused by acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within ten (1 d} days from the begirming of any such delay notify the Engineer in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and the Engineer's finding of facts thereon shall be final and conclusive. If the Contractor is delayed by any act of the Engineer or of the City, not contemplated by the contract, the tirrie of completion shall be extended proportionately and the Contractor shall be relieved during the period of such extension of any claim for liquidated damages, engineering or inspection charges or other penalties, The Contractor shall have no claim for any other compensation for any such delay. 15, Suspension of Contract. If at any time in the opinion of the Engineer, the Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the Work with the diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon the Contractor, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City in any such case sball have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the Engineer may designate. Upon such suspension, the Contractor's control shall terminate and thereupon the City or its duly authorized representative may take possession of all or any pail of the Contractor',,,,, materials, tools, equipment, and appliances upon the premises, and use the same for the purpose of completing said contract, and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the Work and for the completion thereof, or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may seem proper; or the City may annul and cancel the contract and re-let the Work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor's sureties who will be liable therefore. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor's sureties from liability or failure to fulfill the contract. The GP-34 of 48 -58- 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 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 rernaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 16. Communications. a. All notices, demands, requests, instructions, approvals, proposals, and claims rust be in writing. b. Any notice to or demand upon the Contractor shall. be sufficiently given if delivered at the office of the Contractor stated on the signature page of the Proposal (or at such other office as the Contractor may from time to time designate in writing to the City), or if deposited in the united States mall in a sealed envelope, or delivered with charges prepaid to any telegraph company for transmission, in each case addressed to such office. C. All correspondence to the City, related to this contract, including request for payment, shall be addressed to the Engineer City of South San. Francisco, P.C. Box 711 South San Francisco California 940183, and any notice to or demand upon the City shall be sufficiently given if so delivered or if deposited in the United States mail in a sealed envelope, or to other such representatives of the City to such other address as the Agency may subsequently specify in writing to the Contractor for such purpose, Any such notice shall be deemed to have been given as of the time of actual delivery of (in the case of mailing) when the same should have been received per receipt, or in the case of telegrams, at the time of actual receipt, as the case may be. IT Audit and Examination of records. The City may examine and audit at no additional cost to the City all books, estimates, records, contracts, documents, bid documents,bid cost data, subcontract job cost reports and other Project related data of the Contractor, subcontractors engaged in performance of the Work, and suppliers providing supplies, equipment and other materials required for the Work, including computations and projections related to bidding, negotiating, pricing or performing the Work or Contract modifications and other materials concerning the Work, including, but not limited to, Contractor daily logs, in order to evaluate the accuracy, completeness, and currency of cost, pricing, scheduling and any other project related data. The Contractor will make available all such Project related data at all reasonable times for examination, audit, or reproduction at the Contractor's business office at or near the work site, and at any other location where such Project related data may be kept until three years after final payment under the Contract. Pursuant to California Coverm-tent Code Section 8546.7, if the amount of public funds to be expended is in excess of$10,000, this Contract will be subject to the examination and audit of the State Auditor, at the request of the City, or as GP-35 of 48 -59- part of any audit of the City, for a period of three (3) years after final payment under the Contract. 18, Project Schedule. Within ten (10) working days after the Notice of Award, the Contractor must deliver to the Engineer a bar chart and critical path method (CPM) schedule detailing the Contractor's intended schedule of work for the entire Project. The schedules must be detailed to clearly show the relative sequence of the items of work, their inter-relationships, start and completion dates, float, the critical path, and any other item deemed necessary by the Engineer. The schedule must allow for the completion of the entire Work within the time for completion and also conform to the City's milestone deadlines. a. City Review of Schedule. The City may review the Contractor's subrnitted schedule and may note any exceptions. The Contractor must correct any exceptions noted by the City within five (5) working days of being notified of the exceptions. b. Update of Schedule. After submission of a schedule to which the City has taken no exceptions, the Contractor must submit an updated schedule on a monthly basis or as otherwise specified by the City until completion of the Work. The updated schedule must show the progress of work as of the date specified in the updated schedule and its relation to milestone dates. C. Float. The schedule must show early and late completion dates for each task. The number of days between these dates will be designated as "Float". The Float will be designated to the Project and will be available to both the City and the Contractor as needed to complete the Work in accordance with the Contract, d, Failure to Submit Schedule. If the Contractor fails to submit schedules within the time periods specified in this section, or submits a. schedule to which the City has taken uncorrected exceptions, the City may withhold payments to the Contractor until such schedules are submitted and/or corrected in accordance with the Contract Documents. e, Responsibility for Schedule. The Contractor will be solely and. exclusively responsible for creating the schedule and properly updating it. The City may note exceptions to any schedule submitted by the Contractor. However, the Contractor will be solely, responsible for detennining the proper method for addressing such exceptions and the City's review of the schedule will not create scheduling obligations of the City. GP-36 of 48 -60- SECTION IX MEASUREMENT AND PAYMENT I Measurement of Quantities. All work to be paid for at a contract price per unit of measurement will be measured by the Engineer in accordance with Section 9- LO 1, "Measurement of Quantities" of the Standard Specifications. When required by the Engineer, the operator of each vehicle weighed shall obtain a weight or load slip from the weigher and deliver said slip to the Engineer at the point of delivery of the material. All loads in vehicles hauled over streets and highways shall be legal loads and no payment will be made for the loads in excess of the legal load limits. Quantities of material wasted or disposed of in a manner not called for under the contract, or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the provisions of the contract, or material not unloaded from the transporting vehicle, or material placed outside of the lines indicated on the plans or established by the Engineer, or material remaining on hand after completion of the work; will not be paid for and such quantities will be deducted from the fina.1 total quantities. No compensation will be allowed for hauling and disposing of rejected material. I Progress,Payments, The City once in each month shall cause an estimate in writing to be made by the Engineer of the total amount of work done and the acceptable materials furnished and delivered by the Contractor on the ground and not used, to the time of such estimate, and the value thereof. The City shall retain five percent (5,%) of such estimated value of the work done and fifty percent (50%) of the value of the materials so estimated to have been fumisbed and delivered and unused as aforesaid as part security for the fulfillment of the contract by the Contractor and shall pay monthly to the Contractor, while carrying on the Work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the contract. No such estimate or payment shall be required to be made when, in the judgment of the Engineer, the work is not processing in accordance Nvith the provisions of the contract, or when in the Engineer's Judgment the total value of the work done since the last estimate amounts to less than three hundred dollars ($300). No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials. For any monies earned by the Contractor and withheld by the City to ensure the performance of the contract, the Contractor may, at Contractor's request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (commencing with Section 4590), Division 5, Title I of the Government Code of the State of California. 3. Scope of Payment. The Contractor shall accept the compensation, as herein provided, in full payment for famishing all materials, labor, tools, and equipment necessary for the completion of the contract; also for loss or damage arising from the nature of the Work, or from the action of the elements, except as hereinbefore provided, or from any unforeseen difficulties which may be encountered during the prosecution of GP-37 of 48 -61- the Work until the final acceptance by the City and for all risks of every description connected with the prosecution of the Work, also for all expenses Incurred in the consequence of the suspension or discontinuance of the Work as herein specified; and for completing the work according to the plans and specifications. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. 4. Stop Notice Retention, The City may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims filed pursuant to Section 3179 et seq. of the Civil Code. 5. Progress Payment Deductions, The Contractor hereby agrees and acknowledges that progress payments are subject to deduction for failure to comply with certain Contract requirements which include but are not limited to traffic control, cleanliness/daily clean-up, "buttoning-up,"' open trenches, environmental compliance, maintaining services, etc. In the event such non-compliance occurs, the City may cure these deficiencies with its own crews or with other contractors/vendors. The full cost the City incurs to cure these deficiencies will be deducted from the next progress payment. "Full costs" include all labor, materials, and equipment plus applicable "mark-ups," including overhead, should the City perform the work with its own forces. Should the City elect to have the work performed by a contractor/vendor, the "full cost" will include the invoiced amount plus a 20 % mark-up to cover handling expenses to]-the City. 6. Acceptance of the Work. When the final inspection is completed and it has been determined that the Work is done in accordance with the plans and specifications, the Engineer will accept the Work and 95% of the payment based on the final quantities will be paid to the contractor, the balance will be paid 30 days after the Notice of Completion has been filed with the County and upon furnishing of the specified guaranty bond to the City. 7. Final Payment. Within thirty (30) days after the completion of the Work and its acceptance by the City, the Engineer will make a proposed final estimate in writing of the quantities of work done under the contract and the value of such work and will submit such estimate to the Contractor. Within thirty (30) days thereafter the Contractor shall submit to the Engineer the Contractor's written approval of said proposed final quantities or a written statement of all claims, which he has for additional compensation claimed to be due under the contract. On the Contractor's approval or if he tiles no claims within said period of thirty (30) days, the Engineer will issue a final written estimate as submitted to the Contractor and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. If the Contractor within said period of thirty (30), days files claims, the Engineer will issue as a semi-final estimate the proposed estimate submitted to the Contractor and the City will within thirty (30) days pay the sum found due thereon after deducting all prior payments and all amounts to be kept and retained under the provisions of the contract. GP-38 of 48 -62- The Engineer shall then consider and investigate the Contractor's claims and shall make such revision in the said estimate as he may find to be due, and shall then make and issue the Engineer's final written estimate, The City will pay the amount so found due, after deducting all previous payments and amounts to be retained under the contract. All prior partial estimate and payments shall be subject to correction in the final estimate and payment. The final estimate shall be conclusive and binding against both parties to the contract on all questions relating to the performance of the contract and the amount of work done thereunder and compensation therefore, except in the case of gross error. Payment on the semi-final estimate will be due within thirty (30) days from the date the same is issued by the Engineer. Payment on the final estimate is due within thirty(30) days from the date the same is issued, & Travel and Subsistence Payment. Travel and subsistence payments shall be made to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Section 1773,8. 9, Notice of Potential Claim, The Conti-actor shall not be entitled to the payment of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have given the Engineer due written notice of potential claim as hereinafter specified. The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an act or failure to act by the Engineer, or in all other cases within 15 days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim. City may request additional information from Contractor regarding the Contractor's claim, which shall be provided, to City within 10 days of the request. It is the intention of this section that differences between the parties arising under and by virtue of the contract are brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that they shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed. 10. Claims, a. General. A "Clairn" means a written demand or written assertion by Contractor to adjust, alter, modify, or otherwise change the Contract price or the Contract time, or both.. GP-39 of 48 -63- All claims filed hereunder shall strictly comply with all requirements of the Contract Documents. In order to qualify as a Claim, the written demand must state that it is a claim submitted according to the terms of the Contract Documents, A letter,voucher, invoice, payment application, or other routine or authorized form,of request for payment is not a Claim under the Contract Documents. If such a request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a Claim under the Contract Documents by submitting a separate claim in compliance with claim submission requirements. A Claim must be stated with specificity, including identification of the event or occurrence giving rise to the Claim, the date of the event, and the asserted affect on the Contract price and the Contract time, if any. The Claim shall include adequate supporting data. Adequate supporting data for a. Claim for an adjustment of the Contract time shall include scheduling data demonstrating the impact of the event on the controlling operation and completion of the Project, Adequate supporting data for a. Claim for an adjustment in the Contract price shall include a detailed cost breakdown of items included within the Claim and documentation supporting each item of cost. Notwithstanding and pending the resolution of any Claim, the Conti-actor shall diligently prosecute the disputed work to final completion of the Work, Contractor shall impose the Claim notice and documentation requirements in this Contract on Contractor's subcontractors of all tiers, and require them to submit to the Contractor all Claims against Contractor and/or the City within the times and containing the documentation required by these provisions. The Claim notice and documentation procedures described in these provisions applies to all claims and disputes arising under the Contract Documents, whether or not specifically referred to in any specific portion of the Contract. If additional information or details are required by the Engineer to determine the basis and amount of any Clain-is, the Contractor shall furnish additional information or details so that the additional information or details are received by the Engineer no later than the fifteenth calendar day after receipt of the written request form the Engineer. If the fifteenth day falls on a Saturday, Sunday, or legal holiday, then receipt of the information or details by the Engineer shall not be later than close of business of the next business day. Contractor understands and agrees that failure to submit the information and details to the Engineer within the time specified shall result in Contractor waiving that Claim, The Contractor and all subcontractors shall keep full and complete records of the costs and additional time incurred for any work, for which a Claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required b the Engineer or designated claim investigator to determine the facts or contentions involved in the claim(s). Contractor agrees that failure to permit access to those records waives Contractor's Claims. ,GP-40 of 48 -64- The City of South San Francisco, or its authorized representatives, shall have access, upon reasonable notice, during normal business hours, to Contractor's and subcontractors' books, documents and accounting records, including, but not limited to, bid worksheets, bids, subcontractor bids and proposals, estimates, cost accounting data, accounting records, payroll records, time sheets, canceled checks, profit and toss statements, balance sheets, project correspondence including but not limited to all correspondence between Contractor and its sureties and subcontractors/vendors, project files, scheduling information, and other records of the Contractor and all subcontractors directly or indirectly pertinent to the work, original as well as change and claimed extra work, to verify and evaluate the accuracy of cost and pricing data submitted with any change order, prospective or completed, or any claim for which additional compensation has been requested or claim. has been tendered. Such access shall include the right to examine and audit such records, and make excerpts, transcriptions and photocopies of the City's cost. The parties agree that in the event Contractor or any subcontractor fails to comply with this section, it would be difficult for the City to determine its actual damages; therefore, Contractor agrees to pay the City, as liquidated damages, the sum of One Thousand Dollars ($1000.00), which Contractor agrees is reasonable under the circumstances, for each and every working day which Contractor or subcontractor fails or refuses to provide the City access to the materials specified in this section. b. Disputes. (1) Contract Interpretation Disputes. Should it appear to the Contractor- that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, the Contractor- shall give written. notice to the City. The Contractor shall bear all costs incurred in giving such notice. All issues regarding the interpretation of the plans or specifications shall be referred to the City for interpretation. The City shall have the right but not the obligation to affirm or disaffirm any interpretation of the plans or .specifications, which affirrriance or disaffirmance shall be final. If the Contractor should disagree with the City's decision, the Contractor's sole and exclusive remedy is to file a Claim in accordance with these provisions. (2) Work Disputes. Should any disputes arise under the Contract Documents respecting the true value of any work perforrrred, the implementation of the Work required by the Contract Documents, any Work omitted, any extra work which the Contractor may be required to perform or time extensions, respecting the size of any payment to the Contractor during the performance of the Contract Documents, or of compliance with Contract Document procedures, the dispute shall be decided by the City and its decisions shall be final and conclusive. if the Contractor disagrees with the City's decision, the Contractor's sole and exclusive remedy is to file a claim in accordance with these provisions. GP-41 of 48 -65- (3) Delays. As used herein, the following terms shall have the following meanings: "Excusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time caused by conditions beyond the control and without the fault or negligence of the Contractor such as strikes, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and storrny and inclement weather conditions in which the Work cannot continue. The financial inability of the Contractor or any subcontractor and default of any subcontractor, without limitation, shall not be deemed conditions beyond the Contractor's control. An Excusable Delay may entitle the Contractor to an adjustment in the Contract time. "Compensable Delay" means any delay of the completion of the Work beyond the expiration date of the Contract time caused by the gross negligence or willful acts of the City, and which delay is unreasonable under the circumstances involved, and not within the contemplation of the parties. A Compensable Delay may entitle the Contractor to an extension of the Contract time and/or Contract price Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption, "Unexcusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time resulting from causes other than those listed above. An Unexcusable Delay shall not entitle the Contractor to an extension of the Contract time or an adjustment of the Conti-act price, The Contractor may make a claim for an extension of the Contract time, for an Excusable Delay or a Compensable Delay, subject to the following: (i) If an Excusable Delay and a Compensable Delay occur concurrently, the maximum extension of the Contract time shall be the number of days from.The commencement of the first delay to the cessation of the delay which ends last. (ii) If an Unexcusabfe Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract time shall be the number of days, if any, by which the Excusable Delay or the COompensable Delay exceeds the Unexcusable Delay. (iii) If an Unexcusable Delay occurs concurrently with both an Excusable Delay and a Compensable Delay, the maximum extension in the Contract time shall be the number of days, if any, by which the number of days determined pursuant to Subparagraph (ii) exceeds the number of days of the Unexcusable delay. (iv) For a Compensable Delay, the Contractor shall only be entitled to an adjustment in the Contract price in an amount equal to the actual additional labor costs, material costs, and unavoidable equipment costs incurred by the Contractor as a result of the Compensable Delay, plus the actual additional wages or salaries and fringe benefits and payroll taxes of supervisory and administrative GP-42 of 48 -66- personnel necessary and directly employed at the Project site for the supervision of the Work during the period of Compensable Delay. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. There shall be no Compensable Delay unless the event or occurrence giving rise to the Compensable Delay extends the actual completion of the Project past the Contract time. The parties agree that the City's exercise of its right to order changes in the Work, regardless of the extent and number of changes, or to suspend the work, is within the contemplation of the parties and shall not be the basis for any Claim or Compensable Delay. el Claim Procedures, Should any clarification, determination, action or inaction by the City, or any event, in the opinion of the Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in the Contractor seeking additional compensation in time or money for any reason, (collectively "Disputed Work"), then the Contractor and the City shall make good faith attempts to resolve informally any and all such issues and/or disputes. The Contractor must file a written Notice of Potential Claim with the City before commencing the Disputed Work, or within seven (7) calendar days after Contractor's first knowledge of the Disputed Work, whichever is earlier, stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Contract Documents. If a written Notice of Potential Claim is not filed within this period, or if the Contractor proceeds with the Disputed Work without first having filed the notice required by these provisions, the Contractor shall waive any rights to further claim on the specific issue. The City will review the Contractor's timely notice of potential claim and provide a decision. The City,may require supplemental information from the Contractor to clarify that contained in the Notice of Potential Claim, If, after receiving the City's decision, the Contractor disagrees with the decision, the Contractor shall so notify the City, in writing, within seven (7) calendar days after receiving the decision, that a formal Claim will be filed, The Contractor shall submit the Claim in the form specified herein and all arguments, justification, costs or estimates, schedule analyses, and detailed documentation supporting the Contractor's position within thirty (30) calendar days after receiving the City's decision on the notice of potential claim. The Contractor's failure to furnish notification within seven {7) calendar days and all justifying documentation within thirty (30) calendar days will result in the Contractor waiving all rights to the subj lect Claim. If Disputed Work persists longer than thirty(30) calendar days after receiving the City's decision on the Notice of Potential Claim, then the Contractor shall, every thirty (30) calendar days until the Disputed Work ceases, submit to the City a document titled "Claim Update" which shall update and quantify all elements of the Claim as completely as possible. The Contractor's failure to submit a Claim Update or to quantify all costs and impacts every thirty (30) days shall result in a waiver of that portion of the Claim for that thirty (30) calendar day period. Claims or Claim Updates stating that damages will be determined at a later date shall not comply with the requirements of these provisions and shall result in the Contractor waiving such Claim(s) and/or Claim Updates. GP-43 of 48 -67- All claims must be submitted to Engineer before the issuance of the final estimate. Contractor hereby expressly waives all Claims not submitted, in complete and proper form, on or before the date of issuance of the final estimate. Upon receipt of the Contractor's formal Claim including all arguments, justification, costs or estimates, schedule analyses, and documentation supporting the Contractor's position as previously stipulated, the City or its designate will review the Claim and render a final determination according to the processing and review procedures listed in Section IX-12, "Claims Processing and Review" of these General Provisions. No costs arising out of or in connection with the performance of Claims of any nature, other than those specifically listed herein may be recovered by the Contractor. Except where provided by law, or elsewhere in these Contract Documents (if applicable), the City shall not be liable for special or consequential damages, and Clainis shall not include special or consequential damages, d. Claim Foiniat. The Contractor shall submit the Claim justification in the following format: (1) Cover letter and certification of the accuracy of the contents of the Claim-, (2) Summary of Claim including underlying facts, entitlement, quantum calculations, and Contract Document provision supporting relief, (3) List of documents relating to the Claim, including plans, specifications,, clarifications/requests for information, schedules and others; (4) Chronology of events and correspondence; (5) Analysis of Claim nierit-, (6) Analysis of Claim costs; (7) Attached supporting documents referenced in item (3) above, el Exclusive Remedy, The Contractor's performance of its duties and obligations specified in these provisions and submission of a Claim as provided in these provisions is the Contractor's sole and exclusive remedy for the payment of money, extension of time, adjustment or interpretation of Contract Documents' terins, or other contractual or toil relief arising from the Contract Documents, This exclusive remedy and the limitation of liability (expressed herein and elsewhere throughout the Contract Documents) apply notwithstanding the completion, ten-nination, suspension, cancellation, breach or rescission of the Work or the Contract Documents, negligence or strict liability by the City, its representatives, consultants or agents, or the transfer of the Work or the Project to the City for any reason whatsoever. The Contractor waives all claims of waiver, estoppel, release, bar, or any other type of excuse for non-compliance with the Claim submission requirements. Compliance with the notice and Claim submission GP-44 of 48 -68- procedures described in these provisions is a condition precedent to the right to commence litigation, file a Government Code Claim, or commence any other legal action. No Claim or issues not raised in a timely protest and timely Claim submitted under these provisions may be asserted in any Government Code Claim, subsequent litigation, or legal action. The City shall not have deemed to waive any provision under this section, if at the City's sole discretion, a Claim is accepted in a manner not in accord with this section. f. Mediation. All Claims not subject to the Claim resolution procedures set forth in these provisions shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be non-binding and utilize the services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, a mediator selected by the American Arbitrator Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation's conclusion. All unresolved claims shall be submitted to the same mediator. The cost of mediation shall be equally shared. I I. False Claims Affidavit. California Penal Code Section 72 provides that any person, who presents for payment with intent to defraud any City, any false or fraudulent claim, bill, account, voucher, or writing, is punishable by fines not exceeding ten thousand dollars ($10,0000 and/or imprisonment in the state prison. Government Code Sections 12650 et serf. (California False Claims Act), pertains to civil penalties that may be recovered from persons (including corporations, etc.) for presenting a false claim for payment or approval, presents a false record or statement to get a false claim paid or approved, or other acts, to any official or employee of any political subdivision of the State of Califon-iia, Any person or corporation violating the provisions of Government Code Section 12650 et seq., shall be liable for three times the amount of the damages of the political subdivision, plus a civil penalty, plus costs. Contractor agrees that any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other records, or the Contract, shall be deemed to be damages incurred by the City within the meaning of the California False Claims Act. All Clai-tris by Contractor shall include the following certification, properly completed and executed by Contractor or an officer of Contractor: 1, BEING THE (MUST BE AN OFFICER) OF —(CONTRACTOR), DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION AND/OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS THE CONTRACT ADJUSTMENT FOR WHICH THE OWNER IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE SECTION 12650, ET SEQ., PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW .AND GP-45 of 48 -69- UNDERSTAND THAT SUBMISSION OR CERTIFICATION OF A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER SEVERE LEGAL CONSEQUENCES. SIGNA TUkE LINES WILL BE ADDED IIERE 12. Claims Processing and Review. The review and treatment of Contractor Claims up to three hundred seventy-five thousand dollars ($375,000) are governed by California Public Contract Code Sections 20104 et seq., the relevant positions of which are summarized below. In addition to these statutory provisions, the City and Contractor hereby agree by contract to a procedure for the review of claims over three hundred seventy-five thousand dollars ($375,000). Claims, then, shall be processed and reviewed as follows: a. For claims of less than fifty thousand dollars ($50,000), the City will respond in writing within forty-five (45) days of its receipt of the claim, or may request, in writing, within thirty (30) days of its receipt of the claim, submission of additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor, (1) If such additional documentation is requested by the City, it shall be provided by the Contractor within twenty (20) days of it,,.., receipt of the request from the City or as otherwise mutually agreed upon by the City and the Contractor. (2) Following the Contractor's submission of all requested additional documentation, the City will respond to the claim within fifteen (15) days or within the period of time taken by the Contractor in producing the additional documents, whichever is longer. b. For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred and seventy-five thousand dollars ($375,000), the City will respond in writing within sixty (60) days of its receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the Claim, submission of additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor (1) If such additional documentation is requested by the City, it shall be provided by the Contractor within thirty (30) days of its receipt of its receipt of the request or as otherwise mutually agreed upon by the City and the Contractor. (2) Following the Contractor's submission of all requested additional documentation, the City will respond to the claim within thirty (30) days, or within the period of time taken by the Contractor in producing the additional documentation, whichever is longer. C, For claims over three hundred and seventy-five thousand dollars ($375,000), the City will respond in writing within one hundred and twenty (120) days of its receipt of the claim, or may request in writing, within folly-five (45) days ofreceipt of GP-46 of 48 -70- the Claim, submission of additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. (1) If such additional documentation is requested by the City, it shall be provided by the Contractor within thirty (30) days of its receipt of the request of as otherwise mutually agreed upon by the City and the Contractor. (2) Following the Contractors submission of all requested additional documentation, the City will respond to the Claim within thirty (30) days, or within the period of time taken by the Contractor in producing the additional documentation, whichever is longer. 13. Extra Work. New and unforeseen items of work will be classed as extra. work when they cannot be covered by any of the various items for which there is a, bid price or by combinations of such items. The Contractor shall do such extra work and famish such materials and equipment therefore, as may be required in writing by the Engineer, but he shall not do extra work except upon written order from the Engineer, and in the absence of such written order he shall not be entitled to payment for such extra work. All bills for extra work done shall be filed in writing with the Engineer. For such extra work the Contractor shall receive compensation at the prices previously agreed upon in writing, or upon a failure to agree upon prices, he shall be paid on force account, as provided in Section IX- 14, "Force Account Work" of these General Provisions. All extra work shall be adjusted daily upon report sheets furnished to the Engineer by the Contractor and signed by both parties which daily reports shall thereafter be considered the true record of extra work done. 14, Force Account Work. Where payment is to be made on a force account basis, the Contractor shall receive the actual cost of all material, labor and rented equipment furnished by the Contractor as shown by paid vouchers, plus fifteen percent (15%)- provided, however, that the City reserves the right to fumish such materials required as it seems expedient, and the Contractor shall have no claim for profit on the cost of such materials. For use of equipment owned by the Contractor he shall be paid the current prices prevailing in the locality, which shall have been previously determined and agreed upon in writing by the Contractor,plus fifteen percent (15%). When work is performed by force account, in addition to the actual cost of labor, the City will reimburse the Contractor for compensation insurance payments; contributions made to the State as required by the provisions of the Unemployment Reserve Act, Chapter 352, Statutes of 1935, as amended; and for taxes paid to the Federal Government as required by the Social Securities Act approved August 14, 1935, as amended. The payment of fifteen percent (15%) in addition to the actual cost of all material, labor, and rented equipment, as herein provided, shall include full allowance to the Contractor for overhead and profit on the force account work and full compensation to the Contractor for premiums paid on any other insurance of any nature which the GP-47 of 48 -71- Contractor may be required to carry or which he may elect to carry; and for additional premiun-is paid on faithful perfori-nance and payment bonds required by reason of the increases in the amount of work to be performed over and above that called for in the original contract. All force account work shall be adjusted daily upon report sheets, furnished to the Engineer by the Contractor and signed by both parties, which daily reports shall thereafter be considered the true record of force account work done. If force account work is done on the contract the Conti-actor shall furnish to the Engineer three (3) copies of a certificate from the insurance company showing the compensation insurance rates to be charged on the various classes of work to assist in verification of the Contractor's charges for extra work and force account. [END OF GENERAL PROVISIONS] 17745233 1774523.3 GP-48 of 48 -72- C,"QZIFO Staff Roo,rt DATE: November 4, 2015 TO: Mayor, Vice Mayor, and Councilmembers PROM: Sharon Ranals, Director of Parks and Recreation SUBJECT: RESOLUTION AUTHORIZING THE ACCEPTANCE OF $33,000 IN GRANT FUNDING FROM THE SAN MATEO COUNTY OFFICE OF EDUCATION TO IMPLEMENT SAFE ROUTES TO SCHOOL PROGRAMS IN THE PARKS AND RECREATION DEPARTMENT CHILDCARE PROGRAMS AND AMENDING THE PARKS AND RECREATION DEPARTMENT" 2015/16 OPERATING BUDGET RECOMMENDATION It is recommended that the City Council adopt a resolution accepting grant funding in the amount of 533,000 from 'San Mateo County Office of Educationn to implement Safe routes to School programming, and amending the Parrs and Recreation Department's 201,5/16 operating budget. BACKGROUND/DISCUSSION The Sari Mateo County Safe Routes to School (SR2S) Program is a countywide initiative that began in 2010 to help develop and implement priority non-infrastructure projects and educational programs that will enable school children and families to walk, bicycle, and carpool more often to school. The overall goal is to make San Mateo County a healthier, safer, more sustainable, and environmentally sound community with improved air duality and less traffic congestion by reducing the number of school-related automobile trips. The City/County Association of Governments (C/CAG) is the fiscal agent responsible for the SR2S program; the San Mateo County Office of Education (SMCOE) is responsible for administering programs and grant agreements with agencies. This component of SRS is for "education, encouragement, enforcement, engineering, and evaluation,"' and not for infrastructure, construction, or traffic control devices. The Parks and Recreation Department's Childcare program applied for and was awarded funding from the SR2S program for 2012/13 and has continued to receive funding each year since. Safe Routes to School activities will continue to be implemented through the before and after school childcare programs at school sites, including: Buri Buri, Ponderosa, Monte Verde, Spruce, Los Cerritos, and Martin Elementary Schools. Special events and some of the activities include the entire student body of the schools where our programs are located. Staff Report Subject: Resolution Accepting Safe Routes to School Grant Date: November 4,2015 Page 2 Continuing goals for the program are to develop educational components that will incorporate bicycle and pedestrian safety, physical fitness, and Safe Routes to School events for families. FUNDING Based on positive performance during the first three years of the program, grant funding through the San Mateo County Office of Education was renewed for 2015/16. Unfortunately, the awarded amount continues to follow a trend of reduced funding available and increased competition. In 2013/14, funding was reduced from the initial grant amount of$90,000 to $71,100. In 2014/15, the award was increased modestly to $71,500; however, only $33,000 was awarded for the 2015/16 grant cycle. The reduced allocation has resulted in the elimination of the full-time site coordinator. Fortunately, no dismissal of full time staff has been made as this position was recently vacated due to the incumbent's promotion. The program has been restructured to be managed by a part-time hourly coordinator. Receipt of these funds does not commit the City to ongoing funding after the close of the grant cycle; however, the program may be renewed in the future if program goals continue to be met. CONCLUSION Receipt of these grant funds will enable the Parks and Recreation Department to implement programs and services which are not otherwise funded, and will provide the students in the after school recreation programs with activities and programs that address safer routes to school, health ,education, and active living. It is recommended that the City Council accept $33,000 in grant funding and to amend the Parks and Recreation Department's fiscal year 2015/16 operating budget. l3 ' Sharon Ranals e F utr'trell Director of Parks and Recreation City Mana r Attachment: Resolution RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AUTHORIZING THE ACCEPTANCE OF $33,000 IN GRANT FUNDING FROM THE SAN MATEO COUNTY OFFICE OF EDUCATION TO IMPLEMENT SAFE ROUTES TO SCHOOL PROGRAMS IN THE PARKS AND RECREATION DEPARTMENT CHILDCARE PROGRAMS AND AMENDING THE PARKS AND RECREATION DEPARTMENT 2015/16 OPERATING BUDGET WHEREAS, the San Mateo County Safe Routes to School (SR2S) Program is a countywide initiative that was begun in 2010 to help develop and implement priority projects and programs that will enable schoolchildren and families to walk, bicycle, and carpool more often to school; and WHEREAS, the Department of Parrs and Recreation was awarded $90,000 in grant funds for Safe Routes to School for fiscal year 2012/13, $71,100 in 2013/14 and $71,500 in 2014/15; and WHEREAS, the Department of Parks and Recreation operates before and after school childcare programs at six school sites in the South San Francisco Unified School District, including Buri Buri, Ponderosa, Monte Verde, Spruce, Los Cerritos, and Martin Schools; and WHEREAS, '$33,00 in grant funding will be utilized to amend the Department's 2015116 operating budget to continue to purchase supplies and materials for special events and organize activities that support healthy lifestyles for the children and families enrolled in childcare programs; and WHEREAS, acceptance of these funds does not commit the City to ongoing funding after the close of the grant cycle; and WHEREAS, receipt of these grant funds will enable the Parks and Recreation Department to continue to implement programs and services which are not otherwise funded, and will provide the students in the after school recreation programs with activities and programs that address safer routes to school, health education, and active living. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby authorizes the acceptance of$33,000 in grant ftaiding, from San Mateo County Office of Education to implement Safe Routes to School Programs and amending the Parks and Recreation Department 2015/16 operating budget. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the documents necessary to effectuate the intent of this resolution on behalf of the City Council, I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 4h day of November 2015 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk -2- T Ntaff Report DATE: November 4, 2015 TO: Mayor, 'Vice Mayor, and Councilmembers FROM: Brian McMinn, Director of Public Works/City Engineer SUBJECT: A RESOLUTION APPROVING A PURCHASE AGREEMENT WITH OWEN EQUIPMENT COMPANY FOR ONE (1) 2016 DEAR-MOUNTED JET RODDER. ON A 2016 FREIGHTLINER 114 SB 2X4 CHASSIS WITH A NOT TO EXCEED AMOUNT OF $309,117.94 RECOMMENDATION It is recommended that the City Council adopt a resolution approving a purchase agreement with Owen Equipment Company for one (1) 2016 rear-mounted Jet Rodder on a 2016 Freightliner 114 SR 2x4 chassis with a not to exceed price of $309,117.94 and authorize the City Manager to execute the agreement on behalf of the City of South San Francisco. This purchase will come from budgeted funds from the Server Enterprise Fund.. BACKGROUND/DISCUSSION The Jet Rod Truck will be used to support the mission of the Public Works Department, specifically for the cleaning and maintaining of the City's 164 miles of sanitary sewer lines and 1.25 miles of storm drain lines. Jet rodding uses a special nozzle and high pressure water to scour the walls of sewer and storm drain lines to remove built-up debris, roots, and grease. Maintenance performed using the Jet Rod. Truck is part of the City's Sanitary Sewer Maintenance Plan (SSMP) as required under Waste Discharge Requirements ( DR) issued by the State Water Resources Control Board (SWRCB). This .let Rod Truck: will augment the existing jet rod truck and allow Public Works to assign a. full time crew to cleaning of the City's 164 miles of sanitary sewer lines, as required under the City's SSMP, In order to meet annual cleaning requirements, crews must clean an average of 3,500 feet of line daily. With only one truck, this goal is difficult to meet. The current truck is often assigned to clear reported blockages and to pre-clean lines in support of sewer line televising operations. In addition, maintenance repairs often require a truck to be out of service for extended periods, since authorized repair facilities are located out of town. Having a second truck will ensure that there is always at least one truck available. Staff Report Subject: A RESOLUTION APPROVING A PURCHASE AGREEMENT WITH OWEN EQUIPMENT COMPANY FOR ONE (1) 2016 REAR-MOUNTED JET RODDER ON A 2016 FREIGHTLINER 114 SB 2X4 CHASSIS WITH A NOT TO EXCEED AMOUNT OF $309,117.94 Page 2 of 2 In addition to cleaning sewer and storm lines, the new Jet Truck will have the ability to treat sewer lines with anti-root fioam. This foarning process for root prevention has been traditionally contracted to a private company. The ability to complete the process in-house will save approximately $1.25 per linear foot, with an estimated annual savings of$19,000. The payback for the additional outlay to purchase the root foaming equipment is projected at just over 2 years ($40,000 in additional capital outlay). The purchase amount was obtained utilizing the City's mernbership in the National Joint Powers Alliance (NJPA). NJPA establishes and provides nationally leveraged and competitively solicited purchasing contracts under the guidance of the Uniform Municipal Contracting Law. Joint Powers laws enable members to legally purchase through awarded contracts, FUNDING The purchase of this vehicle is funded through the Sewer Fund as a Capital Outlay item and has been approved as part of the fiscal year 2015-2016 operating budget. CONCLUSION Staff recommends approval of a purchase agreement with Owen Equipment Company for one (1) 2016 rear-mounted Jet Rodder mounted on a 2016 Freightliner 114 513 2x4 with a not to exceed price of$309,117.94 and authorize the City Manager to execute the agreement on behalf of the City of South San Francisco. By: ............. Approved: Z Brian McMinn Klike"Futf-611 Director of Public Works/City Engineer City Manager Attachments: Resolution Purchase Agreement A RESOLUTION NO, CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING A PURCHASE AGREEMENT WITH OWEN EQUIPMENT COMPANY FOR ONE (1) 201.6 REAR-MOUNTED JET RODDER ON A 2016 FREIGHTLINER 114 SB 2X4 CHASSIS WITH A NOT TO EXCEED AMOUNT OF $309,117.94 WHEREAS, the City of South San Francisco has identified a need to purchase a Jet Rodder Truck for use in the Public Works Department, and WHEREAS, the City of South San Francisco routinely cleans and maintains sanitary sewer lines and storm drain lines, and WHEREAS, this maintenance is part of the City's Sanitary Sewer Maintenance Plan (SSMP), and WHEREAS, the SSMP is required under Waste Discharge Requirements (WDR) Order No. R3-2006-0003 DWQ adopted by the State Water Resources Control Board (SWRCB), and WHEREAS, Section 4.04.040 of the South San Francisco Municipal Code ("SSFMC") expressly authorizes the City to take advantage of valid contract terms that have been negotiated by another governmental agency, where that agency had used a quote or bid process substantially conforming with SSFMC Chapter 4.04 and State law, and WHEREAS, the National Joint Powers Alliance ("NJPA") conducted a formal bid process for"SEWER VACUUM, HYDRO-EXCAVATION, AND/OR STREET SWEEPER EQUIPMENT WITH RELATED ACCESSORIES AND SUPPLIES", which resulted in awards to multiple vendors, including theFederal Signal Corporation, and WHEREAS, Vactor Manufacturing is a subsidiary of Federal Signal Corporation, and WHEREAS, Owen Equipment Company is the Northern California authorized Dealer for Vactor, and WHEREAS, pricing for the purchase was obtained through the City's membership in the National Joint Powers Alliance (NJPA), and -I- WHEREAS, staff has verified that the NJPA's bid process and Owen Equipment Company's pricing agreement substantially conforms to SSFMC Chapter 4.0:4 and State law; and WHEREAS, city staff recommends approving a purchase agreement with Owen Equipment Company. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby takes the following actions: 1. Approves a purchase agreement with Owen Equipment Company for one (1) 2016 Rear-Mounted Jet Rodder on a 2016 Freightliner 114 SB 2x4 Chassis in an amount not to exceed $309,117.94. 2. Authorizes the City Manager to execute the purchase agreement on behalf of the City of South San Francisco, subject to approval as to form by the City Attorney. 3. Authorizes the City Manager to take any other related actions consistent with the intent of this Resolution. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the-day of 2015 by the following vote, AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk -2- PURCHASE AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND OWEN EQUIPMENT COMPANY These terms and conditions govern the purchase of materials,supplies,and/or equipment,including any related installation, training, and/or minor services and repairs described in this Purchase Agreement ("Purchase Agreement") by Owen Equipment Company("Vendor")for the City of South San Francisco ("City"). Vendor and City are collectively referred to in this Purchase Agreement as "the Parties!' If the Vendor selects subcontractors to execute a portion the terms of this Purchase Agreement,that subcontractor is an agent of the Vendor,and is hereby included by reference as"the Vendor," 1. Time of Performance. This Purchase Agreement shall commence effective November 4, 2015, and shall end when Vendor has provided to the City the Products and Services described in this Purchase Agreement, and in Exhibit A. The vehicle listed in Exhibit A must be delivered by January 1, 2017. In the event that any of the terms of Exhibit A conflict with this Purchase Agreement,the terms of the Purchase Agreement shall prevail, 2. Description of,Goods, Vendor shall perform everything required to be performed and shall provide and fbmish to City one New 2016 Rear Mounted Jet Rodder 1500-Gallon mounted on a 2016 Freightliner 114 SP 2x4. as described in Exhibit A and shall complete delivery F.O.B. to the City of South San Francisco on or before January 1,2017 in strict accordance with the specifications as established by this Purchase Agreement and exhibits, which specifications are incorporated herein and made part of this Purchase Agreement, 3. Description of Purchase. The City hereby agrees to pay Vendor for the Products and/or Services with a not to exceed amount. The total compensation for Products and or Services performed under this Purchase Agreement is not to exceed THREE HUNDRED NINE M09�IL7.941 The City shall pay Vendor invoices for Products and/or Serve ices actually delivered in accordance with this Purchase Agreement To be eligible for payment, Vendor invoices must itemize the Products and/or Services delivered and the corresponding prices in accordance with this Purchase Agreement, Payment of Vendor invoices does not constitute acceptance of Products and/or Services delivered. Prices of Products and/or Services delivered that are not in accordance with this Purchase Agreement are subject to adjustment. In no event will the prices of Products and/or Services delivered exceed that specified on this Purchase Agreement. Payments shall be subject to adjustment for defects in quality or failure of Vendor to meet terms and conditions herein and in Exhibit A. Such adjustments shall be equal to 100%of Ciq,"s costs to correct such defects or Vendor's failure to meet Purchase Agreement requirements. 4. Taxes, Vendor shall pay all applicable federal, state and local taxes,which may be chargeable against the delivery of the Products and/or Services listed herein, 5. General Warranties and Product Compliance. Vendor warrants that: (A) All Products and/or Services are as described on this Purchase Agreement conform to all drawings, samples, descriptions and specifications; (13)All Products and/or Services delivered are new and of good merchantable quality,free from material defects of workmanship and fit for the purpose for wbich sold or provided: (C) Vendor has good title to all Products delivered and all Products delivered are free from liens and other encumbrances;and(D)Vendor's delivery and installation of the Products and/or Services will be in strict conformity with all applicable local, state, and federal laws. For purposes of this warranty, any parts not meeting the foregoing quality shall be deemed defective. The foregoing warranty provisions shall also be applicable to equipment or materials pi ovided by a third party entity to Vendor via ibis Purchase Agreement. Vendor also expressly warrants and guarantees, for three years that the Products and/or Services furnished by it to City shall be free from breakage or defects of material and workmanship under normal use, service and maintenance from the date of acceptance of the City,and expressly agrees to repair or replace Products and/or Services or any part thereof which proves defective as a result of inferior or defective materials, equipment or workmanship. If within the period stated above, any repairs or replacements in connection with the Products and/or Services are, in the opinion of the City, rendered necessary as a result of the use of inferior or defective materials, equipment or workmanship,Vendor agrees on receipt of notice from City and without expense to the City, for freight, parts or labor, to properly repair, replace or correct any and all such defects therein. If Vendor,after such notice,fails to proceed promptly with the terms of this warranty and guarantee, the City may perform the work necessary to effectuate such corrections, repairs and replacements,and recover the cost thereof from Vendor, 6. Damage to City Facilities. Damage to City or public facilities or private property caused by the Vendor or by its subcontractors during delivery or installation shall be repaired and/or replaced in kind at no cost to the City. -3- 7. Site Safety and Cleanup. The delivery and installation site shall be kept clean and free of hazards at all times during installation, After installation is completed at the site, Vendor shall clean the surrounding area to the condition prior to installation. S. Final Inspection and Work Acceptance. Finished installation work and/or equipment shall be subject to final inspection and acceptance or rejection by the City, 9. Indemnity. To the fullest extent permitted by law, Vendor shall indemnify, defend (with counsel acceptable to the City), and hold harmless the City and its elected and appointed officers, officials, employees, agents, contractors and consultants(collectively,the"City Indemnitees") from and against any and all liability, loss,damage, claims,expenses and costs(including, without limitation,attorneys' fees and costs of litigation)(collectively,"Liability")of every nature arising out of or in connection with the delivery and installation of the Products and/or Services described on this Purchase Agreement or Vendor's failure to comply with this Purchase Agreement, except such Liability caused by the gross negligence OT Willful misconduct of the City Indenmitees. 10. Insurance, Before beginning any work installation work under this Purchase Agreement,Vendor, at its own cost and expense,shall procure the types and amounts of insurance listed below: A�er4kers' Gei�Apefisatien, The statotofy wed(ers' Gempensation losufance aiid FriipieyWs Liabil4y insurance shall be I.-Aded w4h l�im4s of not less than —, 11 MFLL40N DOLLARS ($1,000,009,00)pjef-a� u.Germw-ameial 6eneml and A,.Aemebile L-iobi-14ITy insw-aflee, is required to eafpo automobile liability insur-anee in !00000 !r"Ge, VendeF shall maiiRtain ee :--anee aflieunt of lie; 'e-, 11101000AG per eceurfenee. The GA5, Risk Manager iHay. A valid and executed approval by Risk Manager must accompany this Purchase ,ge Agreement for a variation to be binding. per Risk dwu4gvr 12, Termination. In addition to all other legal and equitable rights of the City, the City may terminate this Purchase Agreement upon notice to the Vendor. If the City terminates this Purchase Agreement,the City will pay the Vendor for Products and/or Sets,ices accepted in accordance with this Purchase Agreement prior to the date of termination. 13. Prevailing Party. In the ei,ent that either party to this Purchase Agreement commences any legal action or proceeding (including but not limited to arbitration)to interpret the terms of this Purchase Agreement,the prevailing party in such a proceeding shall be entitled to recover its reasonable attorney's fees associated with that legal action or proceeding. 14. Assivriment, Governing Law, 1 h Vendor may not assign any of Vendor's obligations under this Purchase Agreement without the Cin,'s prior written approval. 'This Purchase Agreement is govenied by California law. The jurisdiction for any litigation arising from this Purchase Agreement shall be in the state of California,and shall be venued in the County of San Mateo. 15. Modification. This Purchase Agreement may only be modified by a writing signed by authorized representatives of the Vendor and the City. 16. Seve If an portion of this Purchase Agreement is held invalid, the Parties agree that such invalidity shall not affect the validity of the remaining portions of this Purchase Agreement. OWEN EQUIPMENT COMPANY CITY OF SOUTH SAN FRANCISCO A Municipal Corporation By: By: Michael Kermedy,Owen Equipment Company Mike Futrell,City Manager Approved as to Form: ATTEST� City Attorney City Clerk 2 -4- NJPA QUOTE October 7, 2015 City of South San Francisco AXIN, Mr. John Castech 550 No. Canal St Mr. Kevin Selfridge South San Francisco Ca, 94080 In accordance with your request, we are pleased to submit the following NJPA Quote for your consideration and approval: NJPA Contact 4022014-FSC www,njpacoop.org One (1)NEW 2016 Rear Nlountpd -1ET RODDER 1500 Gallons Mounted on a 2016 freightliner 114 SE 2X4 with 370 +HP Engine, Allison 3000 Automatic Transmission. Equipped with all Standard and Optional Equipment listed- 1500 GALLON WATER TANK V8015S 80 GPM/2000 PSI VACTOR WATER PUMP t. ........... TOTAL MODULE(INCLUDES MOUNTING CHARGE) STANDARDS INCLUDED: 001STDJ 24"MAN WAY 005STiDJ 2,5"X 25' FILL HOSE 010STD1 2" GATE VALVE DRAIN 015STDJ 304 STAINLESS STEEL TANK W/BAFFLES J2025STD NON-SKID MATERIAL ON TOP 025STDJ 800'CAPACITY FIXED HOSE REEL- REAR MOUNTED 027STDJ 400'X 1" PIRANHA SEWER HOSE 030STDJ AUTO REWIND FOR SEWER HOSE .............................. 03557DJ 1"'X 10" LEADER HOSE 040STDJ MANUAL HOSE WIND GUIDE 045STDJ TWO NOZZLES-15 DEG PENETRATOR/30 DEG SANITARY 050STDJ FLEXIBLE HOSE GUIDE 055STDJ V NOZZLE PIPE 060STDJ HYDRANT WRENCH Portland 13101 NE Whitaker Way l PC Box 30959 l Portland, OR 972941 (503)256-9055 (800)992-3656 1 fax(503)256-3880 Kent 8721 South 218'�'Srreel � Kent, 8 ';�8 1 1 (800)422-20591 fax(253)852-f3913 F aii-fieId 10851qori7onDrive I Fairfield,@A ; -2Al (800)992-3656 1 fax(707)422 24441 v,o�lvw,oweiieqi,yipmev'it.cow,ri -5- I� IIl�luuill 065STDJ HANDGUN WITH 35'X 1/2" HOSE AND CONNECTOR 1 070STDJ TACHOMETER WITH HOUR METER 1 075STDJ WATER PRESSURE GAUGE 080STDJ LOW WATER WARNING LIGHT y 090STDJ SHROUDED ENCLOSURE OR UNSHROUDED 1 0'95STDJ TOOL TRAYS LEFT AND RIGHT SIDE 1 0100STDJ 36 X 18 X 18 ALUMINUM,TOOL BOX CURBSIDE 010SSTDJ ACCESS LADDER TO TOP OF TANK 1 115STDJ NEMA 4 LIGHTING SYSTEM 1 120'STDJ MUD FLAPS 1 125STDG REAR BUMPER 1, 140STDJ: VACTOR HYDRAULIC DRIVEN WATER PUMP 1 148STDJ 3"Y-STRAINER AT WATER PUMP' 3 150STDJ HYDRAULIC OIL SIGHT GAUGE 1 151STDJ ELECTRIC BACK-UP ALARM 1 155STDJ RODDER PUMP DRAIN VALVES , 18000STD CIRCUIT BREAKERS IN LIEU OF FUSES 1 J9000STD 1+1 JETTER MANUAL-PARTIAL MANUAL AND CD 1 VERSION P110STD MODULE-DUPONT(WET-ON-WET) J2010STD 3" DRAIN VALVE:AT WATER PUMP 1 J2001STD LOW WATER ALARM WITH LIGHT 1 J5010STD ACCUMULATOR SYSTEM FOR WATER SYSTEM 1 MULTI-FLOW SYSTEM WITH NOZZLE STORAGE RACK- 3 J5012STD ADDITIONAL NOZ2LES'W1TH 80 GPM SYSTEM & 2 ADDITIONAL NOZZLES WITH 60 GPM SYSTEM J5014STD WATER RELIEF VALVE..1"-FOR VACTOR WATER PUMP 1 HANDGUN HOSE REEL-SPRING RETRACTABLE REEL J6011STD WITH SO'HOSE ASSEMBLY 1 J8025ASTD LED LIGHTS,CLEARANCE, BACK-UP,STOP,TAIL,&.TURN 1 J9002S'TD TOW HOOKS/FRONT J9002ASTD TOW HOOKS/REAR 1 WATER TANK ACCESSORIES J2000 DUAL WATER FILL SYSTEM u LAVAL WATER SEPARATOR(CENTRIFUGAL SEPARATOR J2003 AT WATER TANK FILL) 1" J2011 3"Y-STRAINER @ WATER FILL J. HOSE REEL ACCESSORIES 600'X 1°" PIRANHA SEWER HOSE/2500 PSI (IN LIEU OF J60028-48783VS6 STD) T. J6005D ACLU-COUNT/DIGITAL HOSE COUNTER/ENGLISH OR METRIC Portland 13101 NE Whifaker Way) PC Box 309591 Portland, OR 97294 r(503)255-9055 1 (800)992.3656 fax(503)256.3880 Kent 8721 South 218'1'Street I Kepi,VVA 98031 1 (253 852-5819 (800)422-2059 I fax(253)852-8913 Fairfield 1085 Nori2onDrive ( Fairfield, "� 2�3 800)992.3656 b fax(707)422 24442 w,ww,,ow(e rm ,ge.jipr.r,rarwt, o m -6- Wow "&Fj7 a/u :i J6012 LATERAL CLEANING KIT WITH 150°HOSE AND NOZZLE J HYDRAULIC SHUT-CUFF VALVES AT SUCTION, RETURN J6017 AND FILTER LINE(3) t NOZZLE STORAGE RACK(STANDARD /MULTI-FLOW J6018 SYSTE M) 1. FRONT STATION AND CONTROLS LIGHT ACCESSORIES J8002 HAND LIGHT WITH BUMPER PLUG I„ J8009 WORK LIGHT AT HOSE REEL CONTROLS J8009A WORK LIGHT AT HOSE REEL MANHOLE :I CHASSIS ACCESSORIES 19014A 36 X 18 X 18 ALUMINUM,TOOL BOX STREETSIDE 1 J9l 19 DELIVERY TO DEALER (INSER r M IST IPIR ICE) 9021 CAMERA SYSTEM, REAR CAMERA ONLY 1. PAINT1 I ICI FE111 1;COLOR AND PAMT I"I1M., P112 MODULE-IMRON(PRIMER BASE) ITEM# SPECIAL OPT'IO,NS/INSERT DESCRIPTIONS Vapor Rooter System installed behind cab 250' Electric rewind with 2 KEG Nozzles 1/2" Hose Mounted on Curbside Cowen Lighting(2)lea top Strobes(A)corner Strobes (1)Ta 870 LED mounted hi on rear Cowen reel light Mounted Under Auto Hose Revwind Cowen Equipment will Take 3 People to Vactor for a inspection trip upon Completion of unit at Vactor Delivery 270-300 Days SPARE PARTS/ACCESSORIES S200,-31096D Additional 1" Leader Hose-25ft S590-45124 5# Fire Extinguisher 2016 Freightliner 300HP 114SD Per Spec Portland 13101 NF Alhitaker Way I PO Pox 309 9') F rw Al. 3)255-9065 f(1300)992-3656 1 fax(503)250-3880 m�u� ���� {md�su Ken£ 8721 South 21811n Street ( Kent,"}�''*AI�9 3� i �3 13 2 '1 (800)422-2059 fax(253)052-0913 Fairfield 1085 Hori2cri [Drive ( 'Fairfield, CA 95838 0 (707)422-2333 1 (800)992.3656 fax(701)422 24443 wwr .oyvenequiprv"ent.corn -7- G Y7�JP"A(./ry'g /Ky�ice ..............................,...,....,.,.......,,.,.....................,......... 283, 9,4,,,,4 R.. t'�{/. ✓. %.....................m.�..�.................................................................................... 25, 4o3.50 TOTAL FOB South San Francisco ...................................................$309,117.9'4 Price in quote includes delivery,dealers Pre-delivery and Training. We appreciate the opportunity to quote you on your equipment requirements,. If you have any questions regarding this quote or its contents,please do not hesitate to call or write. lvlic,hael Kennedy Sales Representative Contact; (916) 947-0986 Portland 13101 N���': Whitaker tray I PC Box 309 9 � ):3)255-9055 1 (800)992-3656 1 fax(503)256-3€8D �/� A)IYI Ke nt 6'721 South 2183 Street G Kett, �' 9 3 ( "fi.2.5 1 '� (800)422.2059 fax(263)652-8913 F8irfi6d '19135, idarNzon Dive � f-airfield,GA 55838 9 (707)422-2333 A (500)992•.3656 I fax(07)422 24444 MfMM,0WeI11a9t prnent.agorir 8- Prepared for: Prepared by: 114SD V JETTER S SAN FRANCISCO VACTOR MANUFACTURING Bob Jensen JOFS30OA-2016 TRANSCHICAGO TRUCK GROUP 1621 8 ILLINOIS STREET 776 N.YORK ROAD STREATOR,IL 61365 ELMHURST,IL 60126 Phone:815 672 3171 Phone;630-279-0600 ext,631 S Weight Weight Data Code Description Front Rear Retail Price Price Level PRL-13D SID PRL-13D(EFR02127115) STD Data Version DRL-021 SPECPR021 DATA RELEASEVER 021 NIC Vehicle Configuration 001-177 114SD CONVENTIONAL CHASSIS 7,934 6,576 $149,049,00 004-216 2016 MODEL YEAR SPECIFIED NIC 002-003 SET FORWARD AXLE-TRUCK STD 019-002 STRAIGHT TRUCK PROVISION STD 003-001 LH PRIMARY STEERING LOCATION STD General Service AAI-002 TRUCK CONFIGURATION STD AA6-001 DOMICILED,USA 50 STATES(INCLUDING STD CALIFORNIA AND CARS OPT-IN STATES) A85-010 UTILITYIREPAIR/MAINTENANCE SERVICE NIC A84-1,GM GOVERNMENT BUSINESS SEGMENT N/C AA4-002 LIQUID BULK COMMODITY NIC AA5-006 TERRAINYOUTY: 10%(SOME)OF THE TIME,IN NIC TRANSIT,IS SPENT ON NON-PAVED 1 ROADS ABI-008 MAXIMUM 8%EXPECTED,GRADE STD A65-003 MAINTAINED GRAVEL OR CRUSHED ROCK- NIC MOST SEVERE IN'-TRANSIT(BETWEEN SITES) ROAD SURFACE 995-IAE FREIGHTLINER LEVEL I I WARRANTY NIC A66-99D EXPECTED,FRONT AXLE(S)LOAD: 16000.01bs A68-99D EXPECTED REAR DRIVE AXLE(S)LOAD i 23000.0 lbs A63-99D EXPECTED GROSS VEHICLE WEIGHT CAPACITY : 39000-0 Ibs Application Version 8.7.210 0713112015 1:14 PM Data Version PRL-13D.021 114SD 8 SAN FRAN 3501SL SINGLE 44r�w�� Page 1 of 16 Prepared for: Prepared by: 114SD V JETTFR S SAN FRANCISCO Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP JOFS30OA-2016 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST,fl. 60126 STREATOR,IL 61365 Phone:630-279-0600 exi.631, Phone:815 672 3171 Weight Weight Data Code Description Front Rear Retail Price Truck Service AA3-034 SEVVERANDUSTRIAL VACUUM BODY N/C A8.8-990 EXPECTED TRUCK BODY LENGTH : 0.0 fi AE.2-99D EXPECTED TRUCK BODY WIDTH: 96.0 in A89-99D BRAKING-EXPECTED CAB TO BODY CLEARANCE: 3.0 in Engine 101-2XE CUM ISL 300 HP @ 2000 RPM,2200 GOV RPM, -850 -70 ($10,257.00) 860 LB/FT @ 1300 RPM Electronic Parameters 79A-070 70 MPH ROAD SPEED LIMIT NIC 7913-000 CRUISE CONTROL SPEED LIMIT SAME AS ROAD NIC SPEED LIMIT 79K-011 PTO MODE ENGINE RPM LIMIT-1400 RPM N/C 79M-001 PTO MODE BRAKE OVERRIDE-SERVICE NIC BRAKE APPLIED 79P-002 PTO RPM WITH CRUISE SET SWITCH-700 RPM N/C 79Q-003 PTO RPM WITH CRUISE RESUME SWITCH-800 we RPM 79S-001 PTO MODE CANCEL VEHICLE SPEED-5 MPH NIC 79LJ-007 PTO GOVERNOR RAMP RATE-250 RPM PER SECOND 8OG-002 PTO MINIMUM RPM-700 NIC 80J-002 REGEN INHIBIT SPEED THRESHOLD. 5 MPH NIC Engine Equipment 99C-015 2015 ONBOARD DIAGNOSTICS/201 0 NIC EPA/CARB/GHG14 99D-009 2008 CARS EMISSION CERTIFICATION-CLEAN $106,00 IDLE(INCLUDES 6X4 INCH LABEL ON LEFT SIDE OF HOOD) 13E-001 STANDARD OIL PAN STD 105-001 ENGINE MOUNTED OIL CHECK AND FILL STD 014-099 SIDE OF HOOD AIR INTAKE WITH FIREWALL STD MOUNTED DONALDSON AIR CLEANER 124-1 D7 OR 12V 160 AMP 28-SI QUADRAMOUNT PAD STD ALTERNATOR WITH REMOTE BATTERY VOLT SENSE 292-098 (2)ALLIANCE MODEL 1231,GROUP 31,12 VOLT -50 -10 ($16200) MAINTENANCE FREE 2250 CCA THREADED STUD BATTERIES 290-017 BATTERY BOX FRAME MOUNTED STD Appfication Version 83.210 0713112015 1:14 PM Data Version PRL-13D.021 114SD 5 SAN FRAN 350ISL SINGLE r.wn::'s 0A Page 2 of 16 tti Prepared for: Prepared by: 114SD V FETTER S SAN FRANCISCO Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP JOFS30OA-2016 776 N,YORK ROAD 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR, IL 61365 Phone:630-279-0600 e)d.531 Phone:815 672 3171 Weight Weight Data Code Description Front Rear Retail Price 281-001 STANDARD BATTERY JUMPERS STD 282-001 SINGLE BATTERY BOX FRAME MOUNTED LIT NIC SIDE UNDER CAB 291-017 WIRE GROUND RETURN FOR BATTERY CABLES STD WITH ADDITIONAL FRAME GROUND RETURN 28'9-001 NON-POLISHED BATTERY BOX COVER STD 107-032 CUMMINS TURBOCHARGED 18.7 CFM AIR NIC COMPRESSOR WITH INTERNAL SAFETY VALVE 152-040 ELECTRONIC ENGINE INTEGRAL WARNING AND NI/C DERATE PROTECTION SYSTEM 128-032 C-BRAKE BY JACOBS WITH LOWIOIFFIHIGH 80 $2,564.00 BRAKING DASH SWITCH 016-1C2 RH OUTBOARD UNDER STEP MOUNTED 30 25 $874,00 HORIZONTAL AFTERTREATMENT SYSTEM ASSEMBLY WITH RH B-PILLAR MOUNTED VERTICAL TAILPIPE 28F-002 ENGINE AFTERTREATMENT DEVICE, STD, AUTOMATIC OVER THE ROAD REGENERATION AND DASH MOUNTED REGENERATION REQUEST SWITCH 239-200 INTEGRATED STACK AND B-PILLAR PIPE WITH $130,00 MINIMUM STACK PROTRUSION ABOVE CAB 237-ICR RH CURVED VERTICAL TAILPIPE B-PILLAR N/C MOUNTED ROUTED FROM STEP 23U-001 6 GALLON DIESEL EXHAUST FLUID TANK -35 -10 ($95-00) 30N-003 100 PERCENT DIESEL EXHAUST FLU11D FILL ($1700) 23Y-001 STANDARD DIESEL EXHAUST FLUID PUMP STD MOUNTING 43X-003 LH FORWARD FACE OF DIESEL EXHAUST FLUID $105.00 TANK 24 TO 28 INCHES BACK OF CAB 43Y-001 STANDARD DIESEL EXHAUST FLUID TANK CAP STD 242-001 STAINLESS STEEL AFTERTREATMENT $18,00 DEVI CEIMU FFLERITALPIPE SHIELD 273-018 NORTON DRIVEMASTE R ON/OFF FAN DRIVE NIC 276-002 AUTOMATIC FAN CONTROL WITH DASH $113.00 SWITCH AND INDICATOR LIGHT„NON ENGINE MOUNTED 110-003 CUMMINS SPIN ON FUEL FILTER NIC 118-008 COMBINATION PULL FLOW/BYPASS OIL FILTER NIC 266-017 1300 SQUARE INCH ALUMINUM RADIATOR -20 NIC 103-036 ANTIFREEZE TO-34F,ETHYLENE GLYCOL PRE- NIC CHARGED SCA HEAVY DUTY COOLANT 171-007 GATES BLUE STRIPE COOLANT HOSES OR STD EQUIVALENT Application Version 83-210 07131/2015 1:14 PM Data Version PRL-I 3D.021 114SD S SAN FRAN 3501SL SINGLE Page 3 of 16 frwmrv Prepared for: Prepared by: 114SD V JETTER S SAN FRANCISCO Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP JOFS300A-2016 776 N.YORK ROAD, 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR,IL 61365 Phoiw 630-279-0600 ext.631 Phone:815 672 3171 Weight Weight Data Code Description Front Rear Retail Price 172-001 CONSTANT TENSION HOSE CLAMPS FOR STD COOLANT HOSES 270-016 RADIATOR DRAIN VALVE STD 138-011 PHILI-11PS-TEMR0 10010 WAT-171 15 VOLT BLOCK 4 $86.00 HEATER 140-053 BLACK PLASTIC ENGINE HEATER RECEPTACLE NIC MOUNTED UNDER LH DOOR 132-004 ELECTRIC GRID AIR INTAKE WARMER NIG 155-055 DELCO 12V 39MT HDIOCP STARTER WITH $40.00 THERMAL PROTECTION AND INTEGRATED MAGNETIC SWITCH Transmission 342-584 ALLISON 3504 RDS AUTOMATIC TRANSMISSION ($990.00) WITH PTO PROVISION TransmiSSion Equiprrient 343323 ALLISON VOCATIONAL PACKAGE 172- NIC AVAILABLE ON 300014000 PRODUCT FAMILIES WITH VOCATIONAL MODEL RHOS 848-012 ALLISON VOCATIONAL RATING FOR ON/OFF N/C HIGHWAY APPLICATIONS AVAILABLE WITH ALL PRODUCT FAMILIES 840-023 PRIMARY MODE GEARS,LOWEST GEAR 1, STD START GEAR 1,HIGHEST GEAR 6,AVAILABLE FOR 300014000 PRODUCT FAMILIES ONLY 84D-023 SECONDARY MODE GEARS, LOWEST GEAR 1, STD START GEAR I, HIGHEST GEAR 6,AVAI LABILE FOR 300014,000 PRODUCT FAMILIES ONLY 85E-998 MAXIMUM ENGINE SPEED,FOR PTO STD ENGAGEMENT 2600 RPM-ALLISON 5TH GEN TRANSMISSIONS 85F-998 TCU-MAX PTO ENGINE SPEED OPERATION NOT STD CONFIGURED 85G-998 TCU-MAX PTO O/P SP'D ENG NOT CONFIGURE STD 85H-998 TCIJ-MAXIMUM PTO OUTPUT SPEED STD OPERATION NOT CONFIGURED 353-022 VEHICLE INTERFACE WIRING CONNECTOR $69-00 WITH OUT BILUN'T CUTS,AT BACK OF CAB 340-001 ELECTRONIC TRANSMISSION CUSTOMER $38.00 ACCESS CONNECTOR FIREWALL MOUNTED 362-035 CUSTOMER INSTALLED CHELSEA 277 SERIES NIG PTO 363-001 PTO MOUNTING,LH SIDE OF MAIN WC TRANSMISSION Application Version 8.7.210 07131/2015 1' 14 PM Data Version PRL-I 3D.021 114SD S SAN FRAN 3501SL SINGLE Ell Page 4 of 16, Prepared for: Prepared by: 114SD V JETTER S SAN FRANCISCO Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP JOFS30OA-2016 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR,IL 61365 Phone:630-279-0600 ext.631 Phone:815 672 3171 Weight Weight Data Code Description Front Rear Retail Price 341-018 MAGNETIC PLUGS,ENGINE DRAIN, STD TRANSMISSION DRAIN,AXLE(S)FILL AND DRAIN 345-003 PUSH BUTTON ELECTRONIC SHIFT CONTROL, STD DASH MOUNTED 97G-004 TRANSMISSION PROGNOSTICS-ENABLED 2013 STD 370-015 WATER TO OIL TRANSMISSION,COOLER,IN -30 NIC RADIATOR END TANK 346-003 TRANSMISSION OIL CHECK AND FILL WITH STD ELECTRONIC OIL LEVEL CHECK 35T-001 SYNTHETIC TRANSMISSION FLUID(TES-295 STD COMPLIANT) Front Axle and Equipment 400-1AA MFS-16-143A 16,000#FLI SINGLE FRONT AXLE 240 $2,190.00 402-030 MERITOR 16.5X6 Q+CAST SPIDER CAM FRONT 10 NfC BRAKES,DOUBLE ANCHOR,FABRICATED SHOES 403-002 NON-ASBESTOS FRONT BRAKE LINING STD 419-023 CONMET CAST IRON FRONT BRAKE DRUMS STD 409.021 SKF SCOTSEAL PLUS XL FRONT OIL SEALS STD 408-001 VENTED FRONT HUB CAPS WITH WINDOW, STD CENTER AND SIDE PLUGS-OIL 416-022, STANDARD SPINDLE NUTS FOR ALL AXLES STD 405-002 MERlTOR AUTOMATIC FRONT SLACK STD ADJUSTERS 406-001 STANDARD KING PIN BUSHINGS STD 536-012 TRW TAS-85 POWER STEERING 40 NIC 539-003 POWER STEERING PUMP STD 534-015 2 QUART SEE THROUGH POWER STEERING STD RESERVOIR 40T-001 ORGANIC SAE 80190 FRONT AXLE LUBE STD Front Suspension 620-004 16,000#FLAT LEAF FRONTSUSPENSION 260 $689.00 619-004 GRAPHITE BRONZE BUSHINGS WITH SEALS- N/C FRONT SUSPENSION 410-001 FRONT SHOCK ABSORBERS STD Rear Ax and Equipment 420-051 RS-23-160 23,000#R-SERIES SINGLE REAR -2,270 ($9,133,00) AXLE 421-563 5.63 REAR AXLE RATIO $84.00 424-001 IRON REAR AXLE CARRIER WITH STANDARD STD AXLE HOUSING Application Version 8.7-210 07/3112015 1:14 PM Data Version PRL-1 3D.021 114SD S SAN FRAN 35MSL SINGLE leoa'"1111111m::� m Page 5 of 16 -13- Prepared for: Prepared by. 114SD V JETTER S SAN FRANCISCO Bob Jensen VACT,OR MANUFACTURING TRANSCHICAGO TRUCK GROUP JOFS30OA-2016 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR,IL 61365 Phone:630-279-0600 ext,631 Phone:815 672 3171 Weight Weight Data Code Description Front Rear Retail Price 386-073 MXL 17T MERITOR EXTENDED LURE MAIN ($378o0) DRIVELINE WITH HALF ROUND YOKES 423-020 MERITOR 16.5X7 Q-*CAST SPIDER CAM REAR STD BRAKES,DOUBLE ANCHOR,FABRICATED SHOES 433-002 NON-ASBESTOS REAR BRAKE LINING STD 434-012 BRAKE CAMS AND CHAMBERS ON'REAR SIDE NIC OF DRIVE AXLE(S) 451-023 CONMET CAST IRON REAR BRAKE DRUMS STD 440-021 SKF SCOTS EAL PLUS XL REAR OIL SEALS STD 426-074 HALDEX GOLDSEAL LONIGSTROKE,1-DRIVE NIC AXLE SPRING PARKING CHAMBERS 428-003 HALDEX AUTOMATIC REAR SLACK ADJUSTERS $48.001 41T-001 ORGANIC SAE 80190 REAR AXLE LU,B,E STD Rear Suspension 622-003 23,0004 FLAT LEAF SPRING REAR SUSPENSION 80 ($1,738,00) WITH HELPER AND RADIUS ROD 621-002 SPRING SUSPENSION-1,00-AXLE SPACER $95,00 431-001 STANDARD AXLE SEATS IN AXLE CLAMP STD GROUP 623-005 FOREIAFT CONTROL RODS N/C Brake Systern 490-100 WABCO 4S/4M ABS WITHOUT TRACTION STD CONTROL 871-001 REINFORCED NYLON,FABRIC BRAID AND WIRE STD BRAID CHASSIS AIR LINES 904-001 FIBER BRAID PARKING BRAKE HOSE STD 412-001 STANDARD BRAKE SYSTEM VALVES STD 46D-002 STANDARD AIR SYSTEM PRESSURE STD PROTECTION SYSTEM 413-IAA STANDARD U.S.FRONT BRAKE VALVE WITH $28,00 ABS VALVES IN!RAILS WITH RH HEAT SHIELDING 432-003 RELAY VALVE WITH 5-8 PSI CRACK PRESSURE, STD NO REAR PROPORTIONING VALVE 480-009 BW AD-9 BRAKE LINE AIR DRYER WITH HEATER 20 NIC 479-015 AIR DRYER FRAME MOUNTED STD 460-095 STEEL AIR BRAKE RESERVOIRS MOUNTED 15 5 $276.00 PERPENDICULAR RH UNDER CAB 4774001 PULL CABLE ON WET TANK,PETCOCK DRAIN STD VALVES ON ALL OTHER AIR TANKS Application Version 8.7.210 07/3112015 1:14 PM Data Version PRL-1 3D.021 114SD S SAN FRAN 3501St..SINGLE Page 6 of 16 Prepared for: Prepared by: 114SD V JETTER S SAN FRANCISCO Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP JOFS30OA-2016 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR. IL 61355 Phone:630-279-0600 ext.631 Phone:8'15 672 3171 Weight Weight Data Code Description Front Rear Retail Price 485-045 METALLIC AIR MANIFOLD MOUNTED TO BACK 5 $1,93.00 OF CAB CROSSMEMBER WITH SIX 114 INCH FITTINGS AND 70 PSI PROTECTION VALVE "Y'railer,Connections 335-004 UPGRADED CHASSIS MULTIPLEXING UNIT STD 32A-002 UPGRADED BULKHEAD MULTIPLEXING UNIT NIC Wheelbase & Frame 545447 4475MM(176 INCH)WHEELBASE NIC 546-101 11/32x3-1/2x10.15/16 INCH STEEL FRAME -30 40 $73.00 (&73MMX277.8MM/0.344X10.94 INCH) 120KSl 547-001 114 INCH'i;6.35MM)C-CHANNEL INNER FRAME 120 345 $1,169.00 REINFORCEMENT 552-041 1925MM(76 INCH)REAR FRAME OVERHANG N/C 55W-007 FRAME OVERHANG RANGE: 71 INCH TO 60 -30 120 N/C INCH ACB-99D CALC'D BACK OF CAB TO REAR SUSP CIL(CA): 92.54 in AE8-99D CALCULATED EFFECTIVE BACK OF CAB TO REAR SUSPENSION C/L(CA): 89.54 in AE4-99D CALC'D FRAME LENGTH-OVERALL-. 268.97 AM6-99D CALC'D SPACE AVAILABLE FOR DECKPLATE: 92.64 in FSS-OLH CALCULATED FRAME SPACE L-H SIDE: 84.83 in NIC FSS-ORH CALCULATED FRAME SPACE RH SIDE: 99.63 in NIC 553-001 SQUARE END OF FRAME STD 550-001 FRONT CLOSING CROSSMEMBER STD 559-001 STANDARD WEIGHT ENGINE CROSSMEMBER STD 562-001 STANDARD MIDSHIP#1 CROSSMEMBER(S) STD 572-001 STANDARD REARMOST CROSSMEMBER STD 565-001 STANDARD SUSPENSION CROSSMEMBER STD Chassis Equiprnent 556-1AG 16.5 INCH PAINTED STEEL STRAIGHT BUMPER STD 558-033 REMOVABLE FRONT TOW HOOKS STORED ON 25 $182,00 THE CHASSIS FRAME 551-017 GRADE 8 THREADED HEX HEADED FRAME N/C FASTENERS INSTALLED WITH BOLT HEADS ON OUTSIDE OF FRAME 605-IAB D15-16004-000 CENTER PUNCH TO MARK $23.00 CENTERLINE OF REAR SUSPENSION ON FRAME Fuell'anks Application Version 8,7 210 e 0713112015 1:14 PM Data Version PRL-13D.021 11 4SD S SAN FRAN 350ISL SINGLE Page 7 of 16 Prepared for: Prepared, 11 4SD V JETTER S SAN FRANCISCO Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP JOFS30OA-2016 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST, IL 60126 STREATOR,IL 61365 Phone:630-279-0600 ext.631 Phone:815 672 3171 Weight Weight Data Code Description Front Rear Retail Price 204-150 50 GALLON1189 LITER ALUMINUM FUEL TANK- -5 $120.00 LH 218-001 23 INCH DIAMETER FUEL TANK(S) NIC 215.005 PLAIN ALUMINUMIPAINTED STEEL STD, FUEL HYDRAULIC TANK(S)WITH PAINTED BANDS 212-007 FUEL TANK(S)FORWARD STD 664-001 PLAIN STEP FINISH sm 205-001 FUEL TANK CAP(S) STD 122-075 ALLIANCE FUEL FILTER/WATER SEPARATOR 15 N/C 216-020 EQUIFLO INBOARD FUEL SYSTEM STD 20E-004 AUXILIARY FUEL SUPPLY AND RETURN PORTS $34.00 LOCATED ON LH FUEL TANK 202-016 HIGH TEMPERATURE REINFORCED NYLON STD FUEL LINE 221-008 FUEL COOLER MOUNTED LEFT HAND IN RAIL $247,00 15res 093-128 GOODYEAR G2,91 31518OR22,5 18 PLY RADIAL 54 $576100 FRONT TIRES 094-OJT GOODYEAR G1 B2 RSD I IR22.6 14 PLY RADIAL 88 $456.00 REAR TIRES H,ubs 418-056 CON'MET PRESET PLUS IRON FRONT HUBS STD 450-055 CONMET PRESET PLUS IRON REAR HUBS STD Wheels 502433 ACCURIDE 29039 22.5X9,00 10-HUB PILOT 5.25 66 $196.00 INSET 6-HAND STEEL DISC FRONT WHEELS 506-717 ACCURIDE 50408 ACLU-LITE 225X8.25 10-HUB ($128.00) PILOT 2-HAND STEEL DISC REAR WHEELS Cab Exterior 829-1A2 114 INCH!BBC FLAT ROOF ALUMINUM STD CONVENTIONAL CAB 650-008 AIR CAB MOUNTS STD 648-002 NONREMOVABLE BUGSCREEN MOUNTED STD BEHIND GRILLE 754-002 3-112 INCH FENDER EXTENSIONS 15 $232.00 678-018 LH AND RH EXTERIOR GRAB HANDLES WITH $74,00 SINGLE RUBBER INSERT 645-042 BRIGHT FINISH RADIATOR SHELUHOOD BEZEL $224.00 646-042 STATIONARY BLACK GRILLE WITH BRIGHT $68-00 ACCENTS Apphoation Version 8.7.210 0 07131/2015 1:14 PM Data Version PRL-13D.021 114SD S SAN FINN 3501SL SINGLE A Page 8 of 16 Prepared for' Prepared by: 114SD V J,ETTER S SAN FRANCISCO Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP JOFS30OA-2016 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST, IL 610126 STREATOR, IL 61365 Phone:630279-0600 ext,631 Phone:815 672 3171 Weight Weight Data Code Description Front Rear Retail Price 65X-003 CHROME HOOD MOUNTED AIR INTAKE GRILLE $15.00 644-004 FIBERGLASS HOOD STD 690-002 TUNNEUFIREWALL LINER $176.00 727-IAF SINGLE 14 INCH ROUND HADLEY AIR HORN ($31,00) UNDER LH DECK 726-001 SINGLE ELECTRIC HORN STD 728-001 SINGLE HORN SHIELD STD 65,7-001 DOOR LOCKS AND IGNITION SWITCH KEYED STD THE SAME 312-067 HALOGEN COMPOSITE HEADLAMPS WITH NIC BRIGHT BEZELS 302-001 (5)AMBER MARKER LIGHTS STD 311-012 DAYTIME RUNNING LIGHTS-LOW BEAM ONLY $21.00 294-001 INTEGRAL STOP/TAIL/BACKUP LIGHTS STD 300-015 STANDARD FRONT TURN SIGNAL LAMPS STD 7'44-IBC DUAL WEST COAST BRIGHT FINISH HEATED $330,00 MIRRORS WITH LH AND RH REMOTE 797-001 DOOR MOUNTED MIRRORS STD 796-001 102 INCH EQUIPMENT WIDTHI STD 743-204 LH AND RH 8 INCH BRIGHT FINISH CONVEX N/C MIRRORS MOUNTED UNDER PRIMARY MIRRORS 74A-001 RH DOWN VIEW MIRROR $23.00 729-001 STANDARD SIDEIREAR REFLECTORS STD 677-998 NO CAB MOUNTED STEPS ($40,00) 768-043 63X14 INCH TINTED REAR WINDOW STD 661-004 TINTED DOOR GLASS LH AND RH WITH TINTED STD OPERATING WING WINDOWS 654-003 MANUAL DOOR WINDOW REGULATORS STD 663-013 TINTED WINDSHIELD STO 6519-006 8 LITER WINDSHIELD WASHER RESERVOIR, $15.00 CAB MOUNTED,WITH FLUID LEVEL INDICATOR Cab Interior 707-1AK OPAL GRAY VINYL INTERIOR STD 706-026 MOLDED PLASTIC DOOR PANEL WITHOUT $25,00 VINYL INSERT WITH ALUMINUM KICKPLATE LOWER DOOR 708-026 MOLDED PLASTIC DOOR PANEL WITHOUT $25,00 VINYL INSERT WITH ALUMINUM KICKPLATE LOWER DOOR 772-006 BLACK MATS WITH SINGLE INSULATION STD 785-001 DASH MOUINTE D ASH TRAYS AND LIGHTER $12.00 Application Version 8.7,210 m ii 0713112016 1:14 PM Data Version PRL-1 3D.021 114SD S SAN FRAN 350ISL SINGLE Page 9 of 16 Prepared for' Prepared by: 114SD V JETTER 6 SAN FRANCISCO Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP JOFS300A-2016 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR,IL 61365 Phone;630-279-0600 exL631 Phone:815 672 3171 Weight Weight Data Code Description Front Rear Retail Price 691-008 FORWARD ROOF MOUNTED CONSOLE WITH STD UPPER STORAGE COMPARTMENTS WITHOUT NETTING 694-010 IN DASH STORAGE BIN NIC 742-007 (2)CUP HOLDERS LH AND RH DASH STID 680-006 GRAY[CHARCOAL FLAT DASH ($327.00) 700-002 HEATER,DEFROSTER AND A,IR CONDITIONER STD, 701-008 STANDARD HVAC D UCTI NG WITI H SNOW $25,00 SHIELD FOR FRESH AIR,INTAKE 703-00,5 MAIN HVAC CONTROLS WITH RECIRCULATION STD SWITCH 170-015 STANDARD HEATER PLUMBING STD 130-033 DENSO HEAVY DUTY AIR CONDITIONER STD COMPRESSOR 702-002 BINARY CONTROL,R-134A STD 739-033 STANDARD INSULATION STD 285-013 SOLID-STATE CIRCUIT PROTECTION AND STD FUSES 280-007 12V NEGATIVE GROUND ELECTRICAL SYSTEM STD 324-014 DOME LIGHT WITH 3-WAY SWITCH ACTIVATED STD, BY LH AND RH DOORS 655-001 CAB DOOR LATCHES WITH iMANUAL DOOR STD LOCKS 284-023 (1)12 VOLT POWER SUPPLY IN DASH STD 756-1 J3 BASIC HIGH BACK AIR SUSPENSION DRIVER 30 $,221,007 SEAT WITH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION 760-1 J3 BASIC HIGH BACK AIR SUSPENSION 25 10 $258.00 PASSENGER SEAT WITH MECHANICAL LUMBAR AND INTEGRATED CUSHION EXTENSION 759-005 DUAL DRIVER AND PASSENGER SEAT 8 $1313,100 ARMRESTS 711-004 LH AND RH INTEGRAL DOOR PANEL ARMRESTS STD 758-022 BLACK MORDURA CLOTH DRIVER SEAT COVER $25.00 761-023 BLACK MORDURA CLOTH PASSENGER SEAT $25.00 COVER 763-012 3 POINT HIGH VISIBILITY ORANGE RETRACTOR $26.00 DRIVER AND PASSENGER SEAT BELTS 532-0102 ADJUSTABLE TILT AND TELESCOPING 10 $478.00 STEERING COLUMN 540-015 4-SPOKE 18 INCH(450MM)STEERING WHEEL STD 765-002 DRIVER AND PASSENGER INTERIOR SUN STD VISORS Appfication Vers�on 8.7,210 07/3112015 1:14 PM Data Version PRL-1 313,021 114SD S SAN FRAN 350ISL SINGLE Page 10 of 16 Iii , Prepared for: Prepared by: 114SD V JETTER S SAN FRANCISCO Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP JOFS300A-2016 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR,IL 61366 Phone:630-279-0600 ext.631 Phone:815 672'3171 Weight Weight Data Code Description: Front Rear Retail Price Instruments&Controls 732-004 GRAY DRIVER INSTRUMENT PANEL STD 734-00:4 GRAY CENTER INSTRUMENT PANEL STD 87L-003 ENGINE REMOTE INTERFACEWITH PARK $35.00 BRAKE AND NEUTRAL INTERLOCKS 87D-001 BLACK GAUGE BEZELS STD 486-001 LOW AIR PRESSURE INDICATOR LIGHT AND STD AUDIBLE ALARM 840-002 2 INCH PRIMARY AND SECONDARY AIR STD PRESSURE GAUGES 198-002 INTAKE MOUNTED AIR RESTRICTION N/C INDICATOR WITH GRADUATIONS 721-001 97 DB BACKUP ALARM 3 $54.00 149-013 ELECTRONIC CRUISE CONTROL WITH NIC SWITCHES IN LH SWITCH PANEL 156-007 KEY OPERATED IGNITION SWITCH AND STD INTEGRAL START POSITION;4 POSITION OFF/RUN/START/ACCESSORY 811-042 ICU3S,132X48 DISPLAY WITH DIAGNOSTICS,28 STD LED WARNING LAMPS AND DATA LINKED 160-026 DIAGNOSTIC INTERFACE CONNECTOR,9 PIN, STD SAE J1939,LOCATED BELOW DASH 844-001 2 INCH ELECTRIC FUEL GAUGE STD 148-071 ENGINE REMOTE INTERFACE WITH $286.00 INCREMENT/DECREMENT 163-004 ENGINE REMOTE INTERFACE CONNECTOR IN NIC ENGINE COMPARTMENT 33U-002 VACTOR INTERLOCK PREP NIC 856-001 ELECTRICAL ENGINE COOLANT TEMPERATURE STD GAUGE 864-0105 TRANSMISSION OIL TEMPERATURE INDICATOR N/C LIGHT 830-017 ENGINE AND TRIP HOUR METERS INTEGRAL STD WITHIN DRIVER DISPLAY 852-1002 ELECTRIC ENGINE OIL PRESSURE GAUGE STD 746-1 BO AMIFMWB RADIO WITH CD PLAYER, 10 $554,00 SLUETOOTH AND MICROPHONE,USB,FRONT AND REAR AUXILIARY INPUTS AND J1939 747-001 DASH MOUNTED RADIO NIC 750-002 (2)RADIO SPEAKERS IN CAB NIC 753-0011 AM/FM ANTENNA MOUNTED ON FORWARD LH 2 NIC ROOF Application Version 8.7.210 0713112015 114 PM Data Version PRIL-130.021 114SD 8 SAN FRAN 3501SL SINGLE Page 11 of 16 E 1-11 ""T""' A -19- Prepared for: Prepared by: 114SD V JETTER S SAN FRANCISCO Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP JOFS30OA-2016 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST,IL 60126 STREATOR,IL 61365 Phone:630-279-0600 ext,631 Phone:815 672 3171 Weight Weight Data Code Description Front Rear Retail Price 810-027 ELECTRONIC MPH SPEEDOMETER WITH SID SECONDARY KPH SCALE,WITHOUT ODOMETER 812-001 ELECTRONIC 3000 RPM TACHOMETER SID 813-998 NO MPH AND/OR RPM GRAPH -5 NIC 162-002 IGNITION SWITCH CONTROLLED ENGINE STOP SID 836-015 DIGITAL VOLTAGE DISPLAY INTEGRAL WITH SID DRIVER DISPLAY 660-008 SINGLE ELECTRIC WINDSHIELD WIPER MOTOR SID WITH DELAY 3:04-001 MARKER LIGHT SWITCH INTEGRALWfTH SID HEADLIGHT SWITCH 882-009 ONE VALVE PARKING BRAKE SYSTEM WITH SID WARNING INDICATOR 299-013 SELF CANCELING TURN SIGNAL SWTCH WITH $TO DIMMER,WASHERAAJIPER AND HAZARD IN HANDLE 298-039 INTEGRAL ELECTRONIC TURN SIGNAL SID FLASHER WITH HAZARD LAMPS OVERRIDING STOP LAMPS Design 065-000 PAINT:ONE SOLID COLOR SID Color 980-5F6 CAB COLOR A:L0006EB WHITE,ELITE BC STO 986-020 BLACK,HIGH SOLIDS POLYURETHANE CHASSIS SID PAINT 962,-972 POWDER WHITE(NO006EA)FRONT SID WHEELSIRIMS(PKWH`T21,TKWHT21,W,TW) 966-972 POWDER WHITE(NOOOSEA)REAR SID WHEELS/RIMS(PKWHT21,TKWHT21,W,TW) 964-020 STANDARD BLACK BUMPER PAINT STD 963-998 NO UNDERCOAT SID (3erfiftatjon /Comphance 996-'001 U,S, FMVSS CERTIFICATION,EXCEPT SALES STD CABS AND GLIDER KITS saiel:5 Programs NO SALES PROGRAMS HAVE BEEN SELECTED T 0 T a t L V E H C 1. E BU M M A R Y Adjusted Lfisl Price Application Version 8.7 210 07131/2015 114 PM Data Version PRL-1 3D,021 114SD S,SAN FRAN 3501SL SINGLE Page 12 of 16 -20- Prepared for., Prepared lby- 114SD V JETTER S SAN FRANCISCO Bob Jensen VACTOR MANUFACTURING TRANS�CHiCAGO TRUCK GROUP JOFS30GA•2016 776 N.YORK ROAD 1621 S ILLINOIS STREET ELMHURST, IL 60126 STREATOR,IL 61365 Phone:630-279-0600 ext,,631 Phone:815 672 3171 Adjusted List Price $139,844.00 We,ight Summary Weight weight Total Front Rear Weight Factory Weight.+ 7963 lbs 4932 lbs 12895 Ibs; Total Weight` 7963 lbs 49321 s 12895 lbs ITEMS NOT INC L U D E D I N A D J U S T E 1) L I S 7' P R I C E Other Facftry Charges PMU-998 NO ESCALATOR N/C P73-2FT STANDARD DESTINATION CHARGE $2,000.00 Exterided Warranty WAG-052 TOWING EXTENDED/ROADSIDE SERVICE WARRANTY,1 $200.00 YEARIUNLIMITED MILES/KM,$550 CAP Currency Exchange Rate I.0000 'Total Extended Warranty(Local Currency) $200.00 Weights shown are estimates only. If weight is critical,contact Customer Application Engineering, Prices shown do not include taxes,fees,etc— 'Net Equipment Selling Price"is located on the Quotation Details Proposal Report, Application Version 8.7.210 07131/2015 1:14 PM, Data Version PRL-1 3D.021 1145D S SAN FRAN 3501SL SINGLE i Page 13 of 16 A Prepared for: Prepared by: 11 4SD V JETTER 8 SAN FRANCISCO Bob Jensen VAcToR MANUFACTURING TRANSCHICAGO TRUCK GROUP JOFS30OA-2016 776 N.YORK ROAD 1621;S ILLINOIS STREET ELMHURST, 1 60126 STREATOR,IL 61365 Phone:630-270-0600 ext,631 Phone:815 672 3171 Q LJ 0 "T A 'T 1 10 N 11 4SD CONVENI IONAL CHASSIS SET FORWARD AXLE-TRUCK 16,000#FLAT LEAF FRONT SUSPENSION CUM ISL 300 HP @ 2000 RPM,2200 GOV RPM,860 LB/FT 114 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL @ 1300 RPM CAB ALLISON 35,00 RDS AUTOMATIC TRANSMISSION WITH 44 75MM(176 INCH)WHEELBASE PTO PROVISION 11032X3-1/2X10-15/16 INCH STEEL FRAME RS-23-160 23,000#R-SERIES SINGLE REAR AXLE (8-73MMX277.8MMI0-344XI0.94 INCH)120KSI' 23,000#FLAT LEAF SPRING REAR SUSPENSION WITH 1925MM(76 INCH)REAR FRAME OVERHANG HELPER AND RADIUS ROD 104 INCH(6.36 MM)C-CHANNEL INNER FRAME MFS-16-143A 16,000#FL1 SINGLE FRONT AXLE REINFORCEMENT PER UNrT TOTAL VEHICLE PRICE TOTAL#OF UNITS(1) 82,230 $ 82,230 EXTENDED WARRANTY $ 200 $ 210D DEALER INSTALLED OPTIONS $ 0 $ 0 .......... ......... CUSTOMER PRICE BEFORE TAX $ 82,430 $ 82,430 I'AXT'',S AND FEES TAXES AND FEES 0 $ 0 OTHER CHARGES 0 $ 0 TRADE-IN TRADE-IN ALLOWANCE $ (0) $ (0) BALANCE DUE (LOCAL CURRENCY) $ 82,430 $ 82,430 COMMENTS: Projected delivery on provided the order is received before APPROVAL: Please indicate your acceptance of this quotation by signing below: Customer; X. Date: / See your local dealer for a competitive,quote from Daimler Truck Financial,or contact us at lnformation@dtfoffers cam. Daimler Truck Financial offers a variety of finance,lease and insurance soiPutions to Financing that works for you. fit your business needs. For more information about our products and services,visit our website at L6"Jairnler-truckfinancial.com Application Version 8.7.210 07/31/2015 1:14 Pilo Data Version PRL-13D.021 114SO S SAN FRAN 3601SL SINGLE Page 14 of 16 -22- Prepared nor: Prepared by: 114sDwJETTen8 SAN FRANCISCO Bob Jensen VACTQRmmwWFxCTUm;wG TFANSCHnCAGO TRUCK GROUP J0rs30OA'2016 776 N.YORK ROAD 1621S ;u|NO|G8TRsEr �� ELMHmT IL 60126 STREATOR,oL 61365 Phone:s3*�7--—`- 631 Phone:815V72z1r1 — I M E N S 1 0 N S 115 in 93 in 71.85 in 42,26 in 283 in )=1 11��MITI,21.1 2" EMEEMEMEMEMSEM ----------------------....... .......... ---.......... --.........___........---- ....... ____ ......... ...114SD mme0uaoe*545 _------_ ....... .................. ------__---- ....................... .....44r5M(1rs INCH)WHEELBASE Rear Frame Overhang(5m2) ....... ---........ .......................... -- ............___1925MM(76 INCH)REAR FRAME OVERHANG Fifth Wheel(5r8)........ ... __- .... ....... ............ ... ...... ------------....... _............ _- ............�NO FIFTH WHEEL Mounting Location -__ .......------------ .........-N]FuFTHVVeE E LL0[AT|Dm Maximum Forward Position(m) ...... ..........---.......... -^---__--_-----^--_---___-__-------'V Maximum Rearward Position(in)........... ..... ......................---__-----_----__-_------__-_----_o AmounmSlideTrai,wmNm}--_---__—_-'_-__-'_--'__-----__ _- -----_--__-'-o Slide Increment(i4 ....... _------ ................ ---__-------^-----_.----_____---.~_---_0 Desired Slide Position(im).... ............................... ......___............. _- .......--__ ......... - ........ _---__...uo Cab size(82m)-........... ----------_-__................ -114 INCH BBC FLAT ROOF ALUMINUM CONVENTIONAL CAB Sleeper(642)..._................ -_------_- ...... ..... .......... ..... ... ... .......-- ......--_140,SLEEPsn8Ox/sLEEPERCAB Exhaust MOUNTED HORIZONTAL AFTERTREATMENTSYSTEM mSSEMBLY WITH RH B-PILLAR MOUNTED VERTICAL TAILPIPE AppkaFon Version 6�.210 0 07J31/2051:14PM Data Version PRL13D.021 ,14$D8 SAN rFAN 350�L SINGLE - - Page 15m16 -23- Prepared'for: Prepared bye 11 4S V JETTER S SAN FRANCISCO Bob Jensen VACTOR MANUFACTURING TRANSCHICAGO TRUCK GROUP JOFS366A-2()16 776 N.YORK ROAD 1621 S'ILLINOIS STREET ELMHURST,IL 60126 STREATOR,IL 61365 Phone`6343-276-0600 ext.631 Phone:815 672 3171 ur r Purnperto Pack of Cab(BBC' 11."'6: Eumperm Centerrine of Front P e!8 1 trinn Cad to Body Clearance(CB= _...__ . ." _ ... .�._ 3.9 _ _. ParCM 01C,3'3to Cefnteriine ofFear AYJefs+(C4;_ _ 92.5 Effecthm Pa O.,of Cain lo o Centerline of Rear Axtefs',(l=frecbve GA„ 89.5 Pacrc o1Ca.,Protrusions(E.xhaustlntake,;fCP" i 1.5 PacV,,o1Cat Fire ustonis(Side EteodersA"r"im 7w',(CF 0.0' Back o1 Cat Protrusions(C N G Ta nk' 00 Era&of Cat-Clearance(CL, 3.0'.. Baefs et Caa to End,of Frame 16(3.w Cab Height Wheetsaase isfaP . 17E.0 Frame Overhang(OH: 76,0 261.1 Rear Axle Spacing _ . �._ _._.. _m _ 0.0 l fntaden Frame t-teight at Ce ntedine of Rea r kxle Performance caicu(ations are estimates only.If performance calcWations are c6ticall,please contact Customer Application Engineering. Application Version 5.7,2117 """i' ''y�� 4�', 0 07131/2015 1:14 PM Data Version PRL.-13D,D21 q �q ° � ' 151'k 114SD S SAN FRAN 350ISL.SINGLE Page 16 of 16 -24- MEMBERSHIP AGREEENT PARTICIPATING MEMBER OJPA National Joint Powers Alliance- This Agreement,made and entered into this .a chy tr ,20_j� by and between National joint Powers Alliance ,hereinafter referred to as "NJPA" and Aascrr cap hereinafter referred to as the""App,licaut"". Witnessetaha. That for a good and valuable consideration of the prernise5,mutual terms:,covenants.,provisions.,and conditions hereafter set forth,it is agreed by and between the parties as follows: Whereas,the At.1,4 is created by Minnesota Statute§123,ri,2las a service Cooperative(with membership fu)°rher defined in M.S.471.59,1to.sera ve cities, counties, toxins,public or prrx�ad,r s(rhaots,poliji al sabdivisions ufMinnesota or another state, another state,any agency of the Stare of Mn s-inotax or tlae United States including instrumentalities of a governmental unit and all non-profit,;and Wherecas,1's1J'PA:spurpost as defined in M.S.§123A.21 as to assist in meelingspecific creeds of clients which could be hetterprovidedbyNJR4 than by the ane`rnbers themselves;anti whereas, the NJPA Board of'D reclorsTy has established the ability,for"an "Applicant"defifing to parr cipeate in NJPA contracts and peocur rnew prograna,s'to become a Participating-Wena'1!er,-and Whereas,the NJPA Board ofDirectc)rs has determined dear Participating Members 1,411 have no financial or organizational habdity to JsrJ'PA nr to its organizational activities; Now"Therefore,it is hereby stipulated and agreed that the"Applicant" Agency desires to be a Participating Member of NJPA with contract purchasing benefits,in accordance with teens and conditions of the applicable cootract(s),and that NJPA hereby grains said Membership to said"Applicant," Term s. This continuing,agreement shall remain in farce or until either party elects to dissol.e the Agreement by written .notice. THEREFORE,iN WITNESS THEREOF, p', the parties hereto have executed this Agreonnert the day and year written above. National Joint Powers AWance(9 202 12'h Stre E =e . , 1vlerttdei la St 56479 ` r C-1 By c AurttORVED strraAURE to srcraATUR Its —C 1 &qA. .,_. _ --- 'TITLE rtTLE �}+�����l, �I�fcl IIMIIII� II�II( ")( �rcirwl�ll I tt i N✓I��IIIII� lu' � R�it�^rn a1 Idi r p011'� riroW� � —25— MEMBERSHIP AGREEMENT PARTICIPATING MEMBER OJPA National Joint Powers Alliance ORGANIZATION KFORMATION Required information) ApOcant Name. 1T 0 &41-rP AA/ rifai�rjCo 'UP /�, ( P�Base indicate an address 10 which your Address-** AIVAL Membership materials may be delivered. City, State, Zi'p Thank you Federal ID Number, Contact Person: OA Vf- Epc VS Title: !J-..-91Qk-5 Paol,"A4 AAA,I,�6,fg E-mail: C k 13vj&�54- A�J Phone- websile: APPLICANT ORGANIZATION TY!PE: 0 K-12 0"'Governmenjormunicipaii1ty(please specify: 'V tctiedtd 0 Kgher Education 0 Other(please specify: I WAS REFERRED BY,(please specify) C3 Advertisement Vendor 0 urrent NJPA Member lI RepresentaVve r 0 Trade Show 0 NJPA Website 0 Other Completed app hoations may be returned to: Nationaf Joint Powers Alliance fJ 202 12 TH Street NE Staples, MN 56479 Duff Erholtz Phone 218-894-5490 Fax 218-894-3045 E-mail du ff,erholtz@njpa coop,o rg Ui 4 F, � 'TA 3111� , jr 2 -26- ro c� Pp m%a., t / ft" 44/g/ RAW[01 INIUMd 4z, )� maw,mg,lll'i/�, �. "}�^,y� 4"7' wmimft ✓n kin -r no co r i"��iN�r��A�NI�r�r�F � � i rr WWl// /J �� MI �ll rrl13 J� �• aIN,uIMNm �J1N�? 1 ��P9Df��NYb711YV'uIiMNNaY JAJIm%lrf I �q I �I ro NrreNN vl pp �fl���ry�XII �pp�yv� ��1NIOIN mNU lloivr ���yjiN�m�Nry IIlk d�'� IIIW„ jNMlll 6�IIXIG+MNHIM°'Illil. II171 ulmKidMW�� V VI YYflfl —27— S c� ZIP0 Staff Report DATE: November 4, 2015 TO: Mayor, Vice Mayor, and City Councilmembers FROM: Sharon Ranals, Director of Parrs and Recreation SUBJECT: STUDY SESSION REGARDING PROPOSED REVISIONS TO STREET TREE ORDINANCE AND TREE PRESERVATION ORDINANCE OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE RECOMMENDATION TION It is recommended that the City Council review the information in this staff report and provide staff direction regarding; revisions, if any, to the Street `free Ordinance (Chapter 13.28) and the Tree Preservation Ordinance (Chapter 13.30) of the South. San Francisco Municipal Code. BACKGROUND/DISCUS S ICON Two Chapters of the South San Francisco Municipal Code pertain to trees, the Street Tree Ordinance (Chapter 13.28), introduced in 1980, revised in 1984. and 1988, and the Tree Preservation Ordinance (Chapter 13.30), adopted in 1989, with revisions adopted in 2000. Generally, Chapter 13.28 governs the maintenance and protection of street tre=es, or those trees in a public area along a City street, Chapter 13.30, on the other hand, provides for the protection of large and unique trees within the City, regardless of location, and establishes standards and requirements for planting and maintaining trees in new and existing developments. The primary difference is that Chapter 13.30 may apply to trees on private property while Chapter 13.28 is applicable only to trees on public property, namely along City streets. Both of these Chapters are in.need of revision for the following separate, but generally overlapping, reasons: - Promote environmental stewardship and a healthy urban forest, particularly in light of climate change; - Enforce re-forestation of trees lost to removal, disease, and age; - Encourage private and public tree planting; - Stay current with best practices in urban forestry; - Protect residents and property from potential harm from falling branches and trees, mitigate legal claims against the City, and reduce liability; - Strengthen the City's ability to prevent and penalize non-permitted removal of protected trees; Staff Report Subject: Proposed Revisions to Tree Ordinances Date: November 4,2015. Page 2 - Terminate the City's responsibility for trees planted on private property; - Implement more efficient and streamlined tree maintenance strategies; - Better define terms and clarify departmental responsibilities. In reviewing the existing ordinances, staff researched ordinances from other cities, received feedback from Parks and Recreation Commissioners and City Councilmembers, and consulted with the ABAG Risk Management consultant assigned to South San Francisco, Cathie Bigger-Smith. As a member of the ABAG Risk Management/Self-Insurance Pool, the City receives risk management consulting services on an annual basis, which includes issues related to tree maintenance. The recommendations outlined in this report were agendized and presented at the regular Parks and Recreation Commission meeting on October 22, with an opportunity for public input. The Commission provided several suggestions at the meeting, which have been incorporated in the proposed revisions. It should be noted that revision of the ordinances can be a first step to the development of a comprehensive Urban Forest Management Plan (UFMP), which the City currently does not have. A UFMP envisions public and private trees as a whole, and provides a comprehensive management road map that considers not only their biological health, but how trees improve the quality of life for the community. Elements would include a tree inventory, a strategic plan and goals for management of the urban forest as a whole, education and outreach, and technical standards for specific maintenance practices. Developing and implementing such a plan will reduce the City's liability and is strongly recommended by ABAG. Having a UFMP will also enable South San Francisco to be more competitive in future tree-related grant opportunities and demonstrate commitment and leadership in the area of urban forest stewardship on the Peninsula. The City will not be able to move forward with development of such a plan without first making changes to the City's tree ordinances. Development of a UFMP will require additional resources, but updating the tree ordinances discussed in this report is a necessary first step toward creating and implementing such a Plan. Staff is recommending revisions to both tree ordinances to update definitions of relevant terms, as well as revise personnel responsibilities based on departmental changes. For the purpose of this Study Session, big picture views of the substantive changes to each ordinance are highlighted. With regard to the two current tree ordinances, staff proposes the following amendments in pursuit of the goals listed above. Street Tree Ordinance 13.28: Section 13.28.110 Residential property owner's option, This section in the existing code provides a process for a property owner to request a City- maintained Street tree to be planted in the front yard setback of the property and an easement to be granted to the City for purposes of maintaining the tree.. Staff proposes that this section be removed entirely, as current trees which fall into this category carry additional risk and likelihood for high maintenance due to their proximity to public and privately owned infrastructure. Staff proposes to produce and publicize a preferred front yard setback tree list and a set of guidelines for residents who would like to plant a tree within their own setback. This could include a mechanism to provide funding for residents who may have difficulty paying for such a tree. However, moving forward, trees which residents plant in their Staff Report Subject: Proposed Revisions to Tree Ordinances Date: November 4,2015 Page 3 front yard setbacks would be considered "Private trees" with responsibility for maintenance of the tree falling on the property owner, including liability for any damage to infrastructure the tree may cause. • Section 13.28.150 Paving of parkway strips. This section currently allows a property owner to request permission to pave over a parkway strip, defined within the ordinance as "an area designated or existing in the public area between the curb and edge of sidewalk on a city street, which abuts an owner's property." Staff proposes to eliminate this section from the Street Tree Ordinance and address this item within the Sidewalk Ordinance (Chapter 13.12), which is currently in the process of review and revision by the Public Works Department. • Section 1.3.28.160 Street tree master plan. Addition to the section related to development of a comprehensive citywide street tree master plan whereby a five-year regular pruning schedule for street trees would be established. Although this stipulation would likely require additional tree maintenance staff from our current staffing levels, it would create efficiencies in the long term and allow for more strategic pruning of all street trees, some of which are serviced frequently, and others rarely, based on the frequency of resident calls for service. This would create an opportunity for an increase in the overall health of the City's urban forest. Tree Preservation Ordinance 13.,30: • Section 13.30.020 Definitions. Revisions to this section provide updates and additions to definitions of relevant terms and related City personnel. Additionally, the definition of "Protected tree" is proposed to be substantially expanded to include a tiered system of tree protection, based on species and size. Several trees which are considered to be less desirable within the City or region, such as Blue Gum Eucalyptus, Black Acacia, Myoporum, Sweetgum, Glossy Privet, or Lombardy Poplar, would only be protected at a larger size, severity-five inches or larger when measured fifty-four inches above natural grade, and several species which are considered to be more desirable, such as California Bay, Oak, Cedar, California Buckeye, Catalina Ironwood, Strawberry Tree, Little Gem Southern Magnolia or Mayten, would be protected at a much smaller size, thirty inches or more when measured at fifty-four inches above natural grade. A more specific definition of "Upright, single-trunked tree," providing how to measure a tree's circumference, per the International Society of Arborists, is also proposed, so that trees which are leaning or have multiple trunks have specific measuring standards. This will increase protection for trees which are not a standard upright tree. • Section 13.30.060 Notices and permits required for removal or pruning of protected trees. Proposed changes to this section alter the language to stipulate that a separate permit be applied for by a property owner for each tree they would like to remove or to prune a protected tree. Currently a single tree permit may be submitted for removal or pruning of any quantity of trees on a property. Additional language is proposed to clarify the documents required to be included in the permit application package, as substantiation of the request to remove or prune a protected tree, Staff Report SubJect: Proposed Revisions to Tree Ordinances Date: November 4,2015 Page 4 * Section 13.30.070 Removal of protected trees in emergencies. Proposed changes add the requirement for a property owner to file a tree permit application retroactively in the event that an emergency removal is required. * Section 13.30.080 Replacement of protected trees. Proposed language changes in this section.pertain to the following: Subsection (a)(1) — Size requirements for replacement trees have been adjusted to reflect the fact that younger trees are known to have a higher chance for success in landscape conditions. Rather than the current requirement that three twenty-four inch box trees or two thirty-six box trees be planted, the requirement is changed to three fifteen gallon size or two twenty-four inch box trees. New language is included to require a monetary deposit to be made by the property owner for each tree which is to be planted as a required replacement for a removed tree. This deposit would be refunded within four months upon proof of planting by the property owner. If proof that the replacement tree has been planted is not provided within four months, the permit applicant's deposit will be forfeited, and the funds will be deposited into the City's tree fund. Subsection (a)(2) — This subsection addresses the removal of protected trees without a valid permit. Current language requires that any protected tree removed without a valid permit shall be replaced by two thirty-six inch box minimum size landscape trees, but no time limit for replacement is specified. Per the justification outlined in Subsection (a)(1), new language is proposed to provide that three twenty-four inch box trees are required, instead of two thirty-six inch box trees. Additionally, if proof is not submitted that the replacement trees have been planted within four months, the property owner shall be liable for the cost of three twenty-four inch box trees, as determined by the director. Subsection (a)(4) — This subsection currently provides that if replacement trees as designated in. subsections (a)(1) and (a)(2) cannot be planted on the property, payment of twice the replacement value of the protected tree as determined by the International Society of Arboriculture Standards shall be made to the City. Changes to this subsection will clarify that this penalty may be levied in addition to the cost of replacement trees specified when trees are removed without a permit at the discretion of the director. Subsection (a)(5) — Update the existing language with a new subsection stating that payments made in violation of the tree preservation ordinance and non-refunded tree replacement deposits shall be deposited into the tree planting fund for tree purchase and planting. Section 13.30.090 Decision by director on protected trees. Proposed changes add language giving the Director the authority to determine if a protected. tree has reached the end of its useful life, especially in the case that a tree proposed to be removed is not specifically diseased or unstable but is reasonably requested for removal, so that a replacement tree may be planted. Although counterintuitive, this function will strengthen the health of our urban forest and is an appropriate reason for removal and replacement under certain Staff Report Subject: Proposed Revisions to Tree Ordinances Date: November 4,2015 Page 5 conditions. Section 13.30.140 Penalty for violation. Proposed language change to this section adds that the selection of the arborist who would estimate the replacement value of a tree damaged or removed in violation of the Tree Preservation Ordinance shall be determined by the Director. This would ensure that the evaluating arborist will be fair and not inclined to undervalue the tree's worth. Sections not specified in this list as having changes would remain unchanged from the current ordinances, other than minor clean-up items. CONCLUSION The proposed revisions as listed above would be in the general public interest, as well as in the best interests of the environmental considerations of the City. Consequently, staff requests input from the City Council regarding (1) whether these revisions to the tree ordinances should be pursued or (2) whether the Parks and Recreation Department should maintain the current regulations and incorporate changes to the Code along with the development of a comprehensive Urban Forest Management Plan for the City. Following City Council's direction, the proposed revisions will be presented to the Parks and Recreation Commission for review and any additional recommendations. City Council may then consider the proposed revisions to the Street Tree Ordinance (Chapter 13.28) and Tree Preservation Ordinance (Chapter 13.30) at a subsequent regular meeting. By: Approved: Z//4 Sharon Ranals c"Fu` 'ell' Director of Parks and Recreation City Managei/ Attachment: 1. Street Tree Ordinance 13.28 and Tree Preservation Ordinance 13,30 of the South San Francisco Municipal Code 2, PowerPoint Presentation 2544218.1 SECTION 1. AMENDMENTS The City Council hereby amends the following sections of Chapter 13.28 of the South San Francisco Municipal Code to read as follows (with text in 4f:i it indicating deletion and doi0fle tir�derhiwd text indicating addition.) Chapter 13.28 STREET TREES 13.28.010 Short title. The ordinance codified in this chapter shall be known and cited as the "Street Tree Ordinance of the City of South San Francisco." (Or-d. 815 § 1, 1980) 13.28.020 D� efinitions. For the purpose of this chapter, the following terms, words, phrases, and their derivations shall have the meaning given in this section: "City" is the Cecity of South San Francisco, "Director" is the deptAy eit-y managefkity engineer, teehnieal and Ddi rector 9-f tht I T a rks and Rfem-atiq n_T e .artrit n of the Ceity of South San Francisco or his or her,representative. "Official street trees" are those designated by the Ddirector and in the current official street tree list, in accordance with the provisions of this chapter. "Owner of the property" is a person, as defined in this section, who owns a fee simple interest or surface easement in the property on which a Sstreet tree is planted. "Parkway strip" is an area designated or existing in the public area between the curb and edge of sidewalk on a city street, which abuts an owner's property, "Person" is any person, firm, partnership, association, corporation, company, or organization of any kind, "Preservation" means acts to promote the life, growth, health, or beauty of trees, shrubs, or plants, including, but not limited to, pruning, trimming, topping, root pruning, spraying, mulching, fertilizing, cultivating, supporting, and treating for disease or injury. "Public area" is the city right-of-way between the curb or edge of pavement and the property line along a city street. The word "shall" is mandatory, and the word "may" is permissive, -I- "Street trees" are trees in a public area along a city street. (Ord, 967 § 7, 1984; "Private tree"...memos any,jLQe planted on p..Qp uty nguiwndjjylb 13.28.030 Administration The Dddirector shall have authority to administer the provisions of this chapter regarding trees planted or growing in public areas within the City. (04 815 § 3, 1980) 13,28.040 Street tree preservation policy. It shall be the City's policy to utilize applicable techniques, methods, and procedures required to preserve, when feasible, all trees on Co-city property including, but not limited to, trees which are creating damage to surface improvements or underground facilities or which are diseased, or located where construction is being considered or will occur. (Ord. 815 § 4(a), 1980) 13.28.050 Street trees,—Director's authority. The Uddirector is authorized to determine feasibility of preserving all trees on public property or removal therefrom and upon so determining to undertake the preservation or removal. (Ord, 815 § 4(b), 1 80) 13.28.060 Street trees—Property owner's responsibility. A property owner and/or the occupant thereof shall be responsible for the normal care, including watering, of trees, shrubs, and plants in the parkway strip abutting the property and upon any public tree easement across or through the property. . . 8 15 § 4(c), 1980) 13.28.070 Interference with city employees, agents, contractors or representatives. No person shall interfere with or cause or permit any person to interfere with City employees,, agents, contractors or representatives who are engaged in the planting, preserving, maintaining, treating or removing of any tree or plant or related work in the City. (Ord. 815 § 4(d), 1990) 13.28.080 Planting, removal and maintenance of official street trees—Permit required. -2- No person shall plant,trim, prune, or remove any Oefficial street tree in any public area along a city street, without a permit from the ,,raifite nan services.Ddirector.. (Ord 967 § -r` , 1°©,947 O�r-d. 95 5 fal 19go) 13.28.090 Removal of damaged street trees. Street trees may be removed by the Dddirector of parks eji r-eer-e tie , if the Sstreet tree is damaged or destroyed, to protect other trees, shrubs or plants from damage or injurious infection, or in the interest of public safety. (Ord 815 § 5(b) 1980) 13.28.100 Unauthorized plantings. (a) No person shall plant any tree, shrub or plant in any public property of the City or public tree casement without written permission of the Dddirector. (b) Any tree, shrub or plant, planted within any parkway or public tree easement without a written permit of the Director, may be removed by the Dddirector. The Dddirector shall notify the abutting property owner in writing, listing the unauthorized planted trees, shrubs or plants, ordering removal, and establishing a reasonable time of not less than fourteen CU4. days within which removal shall be accomplished, and informing the owner that upon failure to so comply therewith, the Cc�ity will remove same or cause same to be removed at the owner's cost and expense, as provided in this chapter. In the event the removal is not accomplished within the specified time, which may be reasonably extended by the_ teehaireal and Ddirector, the Dddirector may remove the trees, shrubs or plants at the property owner's cost and expense, which shall include but not be limited to cost of labor, equipment, materials and actual overhead expense. Upon determining the costs to be assessed, the Ddirector shall,by written notice,inform the property owner of the cost, detailing the items of labor, equipment, materials and overhead and cost thereof and advise the owner that unless payment is made to the city within thirty Mdays, same shall be collected as a debt in an appropriate civil action or assessed as a lien against the owner's property as provided in this chapter. . 13.28.110- Residend-a 1, proper--, owner-Is opdon-. (a) Any residential property owner may request that a tree on the master tree- .115, 1,--- planted in-Ilfie fire.-A yard setbaek instead of the abutting parkway. The director.may plant so at sueb setbaek, er-other difne table to the eity for-tr-e- Rites and aeeess ovef the fifent yard of , -3- s yard setback selely fef4hi.-�ase of ,. , and,. i. tree., (Ord. 815 § C(d), 1980) 13.28.112-0 Construction areas. (a) If any proposed work of construction, improvement, demolition or any other work on or adjacent to public property requires removal of a tree planted on the property, the person undertaking the work and the contractor shall apply to the Dddirector for a permit to remove the tree. The Dddirector may issue such a permit on condition that the applicant at his or her cost and expense replaces the tree with one of the same size and species in a location designated by the Dddirector. The Dddirector may authorize an alternate size and species. Applicant shall secure the performance of this condition by a deposit with the Dddirector sufficient to pay the cost thereof, which shall be returned to the applicant upon approved completion of the replacement. If a person performs work of construction, improvement, demolition or any other work adjacent to public property and in so doing removes without a permit a tree planted on the property, the person undertaking such work and the contractor shall replace the tree at a site designated by the Dddirector with one of the same size and species. The Dd.director may authorize an alternate size or species. The replacement of the tree shall not bar any additional remedies or penalties provided for in this chapter. (b) No person shall excavate any ditches, tunnels or trenches or install pavement within a radius of four feet from any publie Street tree without written permission of the Dddirector. A person performing any work of excavation or construction on any street or publicly owned property shall guard and protect the tree so as to prevent injury thereof. If such person damages or injures the tree, the Dddirector shall charge said person the cost thereof or require replacement with the same size and species at a site designated by the Dddirector at said person's cost and expense. (Or- 815 § 5(e), 1980) 13.28.1230 Parkway beautification policy. It shall be the policy of the City to maintain the beauty of its parkways. The Dddirector is authorized to establish programs to maintain the Coeity's parkways. (Ord. 815 § 6(a), 1 990) 13.28.1340 Parkway_ Responsibility of owner or occupant. The owner or occupant of property abutting a parkway shall be responsible for the maintenance of such parkway, including, but not limited to, periodic and regular watering and weed control. ; _q.. In all r-esiden4ial districts whefe pa"ay strips exist between sidewalk and , Fmission may be granted to the-aadjoiiiing pr-opeA., -I—ef by the director-, with the assent of the dir-eetor- of public service- r__ designated unpaved minimurn of two feet by two feet to a mwdffwm of four feet by fouf feet squa—re ----vath an opening of thirty siX inelf-les IR iameter-for the planting of a street, tree. Siieh eapflved spaees shall be designated by the dir-eetof. A111'ere driveways af e so leeated as pa-dEway strips but not limited to: width of parkway strip; feasenablefless of existing conditio -ens thereof to eaffy out the pwposes and intent of this_.._ ; number- e ; proximity to 13.28.1460 Street tree master plan. A. The Dddirector shall develop a comprehensive plan of Oefficial street trees for all streets of the City where planting areas are available and provided for trees. The plan may be revised from time to time and shall be reviewed each year.. B. In accordance with the plan, the Dddirector shall proceed each year to plant trees or replace trees to the extent of such funds as may be allocated by the C_.ity eouncil for that purpose. C. Where the condition of a tree, or the unfitness of a tree, or the condition of other public improvements adjacent to a tree make replacement necessary or desirable, the addirector is authorized to remove such tree and replace it with one in accordance with the street tree master plan. t 'z ( '-19a D. In accordance with the elan, thQ D irector shall establish and implemea�t a v ar _._. sche ul:Q_ or re ,ular. ..runjng of Sstreet_trees maLtitained b_y_thg eCity�staffresourc�es and budget. pegmittin _ 13.28.1570 Maintenance of list of trees causing damage to public property.. The Dddirector shall maintain a list of trees which have caused damage to adjacent sidewalks, interfered with drainage flows and gutters, or interfered with traffic in adjacent streets. The Dddirector shall confer with the D44irector of Ppublic Works egarding the necessary remedial work and request for funds from the City Ceouncil for the repair or replacement of the damaged sidewalks or other public properties. rd. 96 § 7,1QQA; Ord- t 8 13.28.1680.abuse or mutilation of trees. No person shall: -s- A. ]Damage, cut, carve, or injure ure the bark of any Sstreet tree; B Attach any sign, wire or injurious material to any Sstreet tree; C Cause or permit any wire charged with electricity to come in contact with any Sstreet tree; or D. Allow any gaseous, liquid, or solid substance harmful to trees to come in contact with the roots, leaves, bark, or any part of any $street trees; or E. Allow ivy or any other vines to cling or to climb up any part of any Sstreet tree. (Ofd, 815 § 9, 1980) 13.28.1790 Public nuisances. The following are declared to be public nuisances: A. A dead, diseased, infested or dying tree on private property so near to any Sstreet tree as to constitute a danger to Sstreet trees, or streets, or portions, thereof; B. Any tree or shrub on any private property or any shrubs in a parkway strip of a type of species which damages, destroys or otherwise interferes with any street improvements, sidewalks, curbs, approved-fficial street trees, gutters, sewers, or other public improvements including mains or service, or threatens to so damage, destroy or impair same; C, Vines or climbing plants growing into or over any Sstreet trees or any public hydrant, pole, or clectrolier; D. Existence of any tree on private property within the city limits which is infested, infected, or in danger of becoming infested or infected with injurious insects, scales, fungus, or growth; E. The existence of any branches or foliage on private property which interferes with visibility on, or free use of, or access to, any portion of any street improved for vehicular or pedestrian travel; F. Hedges or dense thorny shrubs and plants on any street or parkway strip or part thereof, G. Shrubs and plants more than twelvej—)inches in height in any parkway strip, measured above top of curb grade; M The construction or maintenance of any type of wall or fence around or within any city right-of-way or portion thereof, unless an encroachment permit has been issued therefor by the Dddirector= of publie sleff-vices; -6- 1. The placing or maintenance within any city right-o,f-way or portion thereof, of any solid landscaping, decorative materials, or plantings, including but not limited to large rocks, driftwood or planters made of tile or concrete pipe sections, which protrude more than twelve inches above the level of the curb and sidewalk and which are continuous with the length of a parkway strip, or otherwise tend to block the free movement of pedestrians across the width of.a parkway strip; J. The placing or maintenance of any type of ground cover or plant materials within two feet of the base of any tree in a parkway strip or other place along which the Cc-city has a tree planting casement; K. Concrete, asphalt, tar paper or plastic membranes or other types of impervious materials placed in a parkway strip or tree easement in such close proximity to a Sstreet tree as to impede the movement of soil, air and water which are necessary to sustain growth and development of the Sstreet tree; L. Removal from or planting, trimming or pruning an Ooff cial street tree on any public area along a city street without a written permit from the Dddirector; M. Planting a tree, shrub or plant in or on public property or a public street tree easement without a written permit from the Dddirector; N, Excavating any ditches, tunnels or trenches or installation of pavement within a four-foot radius of any public tree without a written permit from the Dddirector; 0. Failure, neglect or refusal to guard and protect a public tree while performing any work of excavation or construction on any street or publicly owned property; P. Failure, neglect or refusal of any owner or occupant of property abutting a parkway to maintain that portion of the parkway adjacent to the property, including but not limited to periodic and regular watering and weed control; Q Paving or covering all or part of a parkway strip without a written permit from the Dddirector; R. Abusing or mutilating trees as set forth in Section 13.28.1680; S. Failure, neglect or refusal by a property owner to repair a sidewalk adjacent to the owner's property, which was damaged by a tree on the owner's property. (Or-d. 815 § 10, 1( 80) 13.28.182-00 Abatement of public nuisance— Trees maintained by city. Street trees maintained by the City in parkway strips which constitute a public nuisance shall be removed or trimmed as determined by the Dddirector at city expense unless otherwise provided in this chapter. (Ofd. 8 15 § 11, 1(8 0) _7- 13.28.19,2-10 Abatement of public nuisance street trees —'frees privately maintained. (a) Upon discovery of a public nuisance as defined in Section 13.28.17-90, the Directorsuper-intendent ef publie wer-ks shall notify the owner of the property or any other person responsible for the nuisance that the nuisance shall be abated by the cocity at such person's expense unless they appear at the stated time and place to show cause why there should be no abatement. (b) The notice to appear shall be substantially in the following form: NOTICE TO ABATE NUISANCE YOU ARE HEREBY NOTIFIED as the owner, agent, lessee or other person occupying or having control of the premises at (address), that the S"efin4eadenl e Publie Works Director of Parks and Recreation.has determined pursuant to Subsection of Section 13.28,17-90 of the South San Francisco Municipal Code that there exists upon the above-referenced premises a public nuisance, specifically (description of condition constituting nuisance). A copy of Section 13.28.1790 is attached. You are hereby required to abate this condition to the satisfaction of the StipefinteRden4 Of PUblie marks--Director of Parks and Recreation within days of the date of this notice or to appear at the office of the City Engineer aAt 400 Grand Avenue, South San Francisco, CA. at M. to show cause, if any exists, why the condition should not be abated by the City, and the expenses thereof charged to you as a personal obligation and/or made a lien upon the property. Abatement is to be accomplished in the following manner: (description of what needs to be done to remedy situation). Superintendent of Publie Wor-ksl)irector of Parks and Reercation By: (c) The siiperintend. D'di'rec"t"or shall post at least one copy of the notice in a conspicuous place on the property in question. In addition, one copy of the notice shall be sent by certified mail to the owner of the property and to any other persons responsible for the nuisance. The posting and mailing shall be completed at least ten f 10 days prior to the date scheduled for a hearing. (d) After giving notice as required in subsection (c), the s„upefintend 'Director i shall file a copy of the notice, together with an affidavit or certificate stating the time and manner in which such notice was given, in the office of the City Ceelerk. The failure of the owner or any other responsible party to receive such notice shall not affect in any manner the validity of any proceedings pursuant to this section. (c) At the time and place designated in the notice, the Aassistant Qy_A4nagg City r, engineer-manage or his or her designee shall hear any relevant evidence offered by the owner or other responsible person and may affirm,revoke or modify the super-intend dDirector"s decision to abate. (f) If the supefintend Ddirector's decision to abate is affirmed, the owner or other responsible person may file a written appeal to the City Mffianager within ten C 1QJdays of the decision. An appeal hearing shall be scheduled within ten LM days of receipt of the appeal. � After the appeal hearing, the C.eity Mmanager may affirm, revoke or modify the decision of the Aassistant Ceity mManager. The decision of the Ceity Mmariager shall be final. (g) The owner or responsible person shall be responsible for all costs incurred by the �*ity in abating the nuisance. In addition, any such costs may be imposed as a lien upon the property. Costs shall be collected in the manner provided for in Sections 8.264.100 and 8.26 -.110 of this code. (h) At any time prior to abatement by the Ce-eity, the owner or responsible person may abate the nuisance at their own cost provided that the abatement is accepted as satisfactory by the supefititend t--Director. (Ord, 1033 § 6, 1988; Ord. 967 § 7, 1984; Ord. 815 § 12(h), 13.28.2fl2O Violation—Penalty. __-Any person violating any provision of this chapter shall be guilty of an infraction and upon conviction shall be subject to payment of a fine not to exceed the limits set forth in Section 36900 of the Government Code. (Or-d. 1033 § 46, 110,888; Ofd. 815 § 13, 1980) 2544282.1 -9- SECTION 1. AMENDMENTS The City Council hereby amends the following sections of Chapter 13.30 of the South San Francisco Municipal Code to read as follows (with text in slrileotA indicating deletion and (io4)lc text indicating addition.) Chapter 13.30 TREE PRESERVATION 13.30.010 Purpose and intent. The Ceity is endowed and forested with a variety of healthy and valuable trees which must be protected and preserved. The preservation of trees is essential to the health, welfare and quality of life of the citizens of the Ceity because these trees preserve the scenic beauty of the Ceity, maintain ecological balance,prevent erosion of top soil, counteract air pollution and oxygenate the air, absorb noise, maintain climatic and microclimatic balance, help block wind, and provide shade and color. For these reasons, it is the intent of this chapter to achieve three objectives: (a) Provide standards and requirements for the protection of certain large trees and trees with unique characteristics; (b) Provide standards and requirements for planting and maintenance of trees for new development; and (c) Establish recommended standards for planting and maintaining trees on property that is already developed. This chapter achieves these objectives in ways that support and encourage the reasonable economic enjoyment of private property, not in ways that prevent it. 13.30.0 ,0 Definitions, "City—Arho st" is an ied arborist designated by the Director. dL— Y certif "Commission" means the Z arks and Rfecreation Ceommission of the Ceity of South San Francisco. "Department" means the: Pp arks and Rrecreation and maintenance se. ices Ddepartment of the Ceity of South San Francisco. "Director" means the Ddirector of the par-ks, Parks and R-fecreation and maintenane ser-viees Ddepartment of the Ceity of South San Francisco. "Drip line" means the area.directllaced-under the outer circumference of the tree branches, Floor area" shall have that meaning established in Section 20.630.002. 20.06.1 00(i). "Landscape tree" means a generally recognized ornamental tree and shall exclude fruit, citrus, or nut bearing trees. "Lot coverage" means the area of a lot covered by any building, and does not include areas covered only by pavement. "Modification of existing development"means any interior or exterior alterations to existing buildings which may or may not require permits, and which do not constitute "new development." For example, a building permit to install a new bathroom or kitchen for an existing home is a modification of existing development. "New development" means any work upon any property in the-Ceity of South Sa Francisecy-which requires a building permit, demolition permit or other permit that will allow: (1) the construction of a new or substantially new building; or (2) demolition of an existing building or substantially all of an existing building. "Private tree" means any tree lanted on property not owned "Protected tree" means: (1) Any upright, single-trunked tree of a speciesnot considered to be a Heritage Tree as defined helm-with a circumference of forty-eight W8) inches or more when measured fifty- four inches (54)above natural grade; or (2Y__ Any ip n le-trunked tree of the following species: Blue Gum (Eucalyptus gjQbulua),Black Acacia (Acacia melanoxylon), Myoporum (Myopovum lactum) Sweet um (liquidambar styraciflual Gloss y-Privet LL:iig strum j I cidum)�. or Lombardy Poplar(Populus estrum t rn nigra) with a circumference of seventy-five (75) inches or more when measured fift y-four (54) inches above watural=grade,_or (3) Any upright, single-trunked tree considered to be a Heritage Tree species. with as circumference of thirty-(30 mchQs or more when measured at fifty-four inches above rvdtura i-grade. A Heritage Tree is any of the following: California Bay (Umbellaria californica QAk,(QlLercus p�,,QedarjCQ-dyu.5,-sp-p.l,-C-ali.fornia Buck-QyQ, As californica Catalina Ironwood L onothaninus-A-ap j,-nifolium Strawberry Tree (Arbutus sp . Ma 1pn (MnvfenUS bQad#) -or Little Gem Dwarf Southern Magnolia(Magnolia grandiflora 'Little Gen . - fl (42) A tree or stand of trees so designated by the 'Ddirector based upon findings that it is unique and of importance to the public due to its unusual appearance, location, historical significance or other factor; or (53) A stand of trees in which the Ddirector has determined each tree is dependent upon the others for survival. "Pruning" means the removal of more than one-third of the crown or existing foliage of the tree or more than one-third of the root system. "Removal" means cutting to the ground; extraction; killing by spraying, girdling, or any other means; or pruning done without a permit or which does not conform to the provisions of a permit. "Trimming"means the removal of a portion of a tree which removes less than one-third of the crown or existing foliage of a tree, removes less than one-third of the root system, and does not kill the tree. "Upright.ight. single-trunked tree"means a tree which has a single dominant trunk that is not oriented at a significant slant to the natural grade and does not branch below fifth-four inches from the natural grade. In cases where the tree is growing at aslant to the natural the trunk should be masurcd-at E ht angles to the trunk fift y-four (54) inches from the natural grade _j Alb—na the center of the trunk axis, so the height is the average of the shortest and I Mg est sides of the trunk. In cases where the trunk branches er splits less than f fty-four (54) inches from the LrQund measure the smallest circumference below the lowest branch. In the case where the tree is.-a-multi-stemmed specimen a single specimen which has two or more trunks that are connected above the ground), the size shall be determined by measuring X11 of the trunks at a height of fifty-four inches above natural gLade and then adding the total circumference of the lamest trunk to one-half the circumference of each additional trunk. These alternative measuring methods for non-standard trees should be evaluated against the same measurement criteria as listed in Irotected tree" subsections (1), (2) and (3) above. 13.30.030 Prohibitions and protections for protected trees. (a) No —pprotected tree shall be removed, pruned, or other-wise materially altered without a permit except as provided in this section. Trimming of a Rprotected tree is allowed without such a permit. (b) The following requirements apply to Pprotected trees: (1) Protected trees shall be protected by a fence which is to be maintained at all times. (2) Protected trees that have been damaged or destroyed by construction shall be replaced or the Ceity shall be reimbursed, as provided in Section 13.30.080. (3) Chemicals or other construction materials shall not be stored within the Ddrip line of protected trees, (4) Drains shall be provided as required by the Ddirector whenever soil fill is placed around protected trees. (5) Signs, wires or similar devices shall not be attached to protected trees. _12- (6) If the proposed development, including any site work for the development, will encroach upon the Ddrip line of a Rprotected tree, special measures shall be utilized, as approved by the Ddirector or the commission, to allow the roots to obtain oxygen, water, and nutrients as needed. Any excavation, cutting, filling, or compaction of the existing ground surface within the protected perimeter, if authorized at all by the Ddirector, shall be minimized and subject to such conditions as may be imposed by the Ddirector. No significant change in existing ground level shall be made within the D.drip line of a Rprotected tree. No burning or use of equipment with an open flame shall occur near or within the protected perimeter. (7) Underground trenching for utilities shall avoid major support and absorbing tree roots of Pprotected trees. If avoidance is impractical, tunnels shall be made below the roots. Trenches shall be consolidated to service as many units as possible. Trenching within the Ddrip line of Pprotected trees shall be avoided to the greatest extent possible and shall only be done under the at-site directions of a certified g .,iAarborist, (8) No concrete or asphalt paving shall be placed over the root zones of Protected trees. (9) No compaction of the soil within the root zone of Pprotected trees shall occur. 13.30.040 Property owner's responsibility to care for protected trees. A property owner shall be responsible for the normal care of every Pprotected tree on the owner's property, including but not limited to watering, fertilizing and weed control. 13.30.050 Abuse or mutilation of protected trees. No person shall damage, carve, injure or otherwise mutilate any Rprotected tree; attach any sign, wire or injurious material to any Pprotected tree; cause or permit any wire charged with electricity to come in contact with any Rprotected tree; or allow any gaseous, liquid, or solid substance harmful to trees to come in contact with the roots, leaves, bark, or any part of any Pprotected tree. 13.30.060 Notices and permits required for removal or pruning of protected trees. (a) Owners, or their authorized representative, of Protected trees shall obtain a permit to remove or prune a EPprotected tree. A separate Dermit shall be obtained gdb the owner for each tree to be removed or pruned. The permit application shall be on a form furnished by the Ddepartment and shall state, among other things, the Verinit fee. the number and location and type of the tree(s)to be removed or pruned by4ype, and the reason for removal or pruning of eaehAhe Protected tree. The application shall also include a photograph with.the correct botanical identification of the subject tree(s). If damage to infrastructure is claimed as the cause for removal, relevant documentation shall be included with the Uplication, including Dhots gKgpW and receipts for work crone. If apk 1 11 expire after four - PASS Loved for pj�uning or remova , permits shall (4) months. Owners shall reap ly ted within four (4) months of _p -if work has not been co compL issuance of a permit, When removal or pruning of a Rprotected tree is proposed as part of or in -13- coqjunction with new development the application shall also include: (1) a site plan showing the location of buildings, structures and proposed site disturbances; (2) the location of all protected trees on the site; and (3) the Epprotected trees on the site that would be removed or pruned. An authorized representative of the Ddepartment shall make an inspection of any protected tree or site subject to this section and shall file a written report and his recommendations to the Ddirector. (b) In reviewing applications for removal or pruning of) protected trees, the Ddirector shall give priority to those based on hazard or danger of disease. The Ddirector may refer any application to another Ddepartment, committee, board or commission of the-Ceity for a report and recornmendation, and may require the applicant to provide an City Aarborist's report. In reviewing each application, the Ddirector shall determine: (1) The condition of the Eprotected tree(s) with respect to disease; danger of falling; Ue of the tree with res ect to approach of the end of its useful life; proximity to existing or proposed structures, yards, driveways and other trees; and interference with public utility services; (2) The necessity to remove the protected tree in order to construct any proposed improvements and allow economic enjoyment of the property; (3) The topography of the land and the effect of the removal of the protected tree on erosion; soil retention; and diversion or increased flow of surface waters; (4) The number of protected trees and trees in the neighborhood on Unimproved property and the effect the removal would have on the established standard of the area and property value. "Neighborhood" means the area within a three-hundred-foot radius of the property containing the tree in question; (5) The number of trees the particular parcel can adequately support according to good arboricultural practices; (6) The effect removal of the protected tree would have on wind protection, noise and privacy; and (7) The economic consequences and obligations of requiring a protected tree to remain or remain unpruned, 13.30.070 Removal, pruningur trimming of protected trees in emergencies. In the event that an emergency condition arises whereby immediate action is necessary because of disease, or danger to life or property, a protected tree may be removed, pruned or trimmed by order of the Ddirector or, if the Ddirector is unavailable, a responsible member of the police, fire, parks and recreation, or public works Ddepartment. In such event, a report shall be made to the commission describing the conditions and necessity of such an order. A tree Hermit application shall be filed retroactiveLy -u-p the --grocess indicated in Section 13,30.060. -14- 13.30.080 Replacement of protected trees. (a) Any protected trees that are removed shall be replaced as follows: (1) Replacement shall be three=(jjtweffty-f&u��f Lft n Ilon j— size or two kgn-ga Wthirty six in twenty-four inch box minimum size landscape trees for each tree removed as determined below. However, the Ddirector maintains the right to dictate size and species of trees in new developments. Permits for tree removal— all ex ire after four(4) months, Applicants shall reapply if work has not been completed IdtQd (4)thin four months after the Director's = -- - I- uproval. A deposit to the tree planting fund shall be made by an applicant and held by the Parks and Recreation Department for tree replacements. Deposits will be refunded on proof of replanting-trees. If roof that the replacement trees have been planted has not been submitted to the Director within four 4)-L-Qnths'n of the tree removal, a payment to the treeplanting fund in the amount of the current cost of two (2) thirty-six inch box trees of a species dictated by the Director shall be made. (2) Any rprotected tree removed without a valid permit shall be replaced by two thirty six-t twenty-f�our inch box minimum size landscape trees for each tree so removed .hj.Q�L 3 of a species approved==j2y-the Director as determined below. If proof that the replacement trees have been-planted-has not been submitted to the Director within four (4) months of the tree LemQval..a payment to the tree planting fund in the amount of the current cost of ftrpz -(3) twenty-four inch box trees, of a species dictated by the Direct=or s . WalULe made to the LilL (3) Replacement of a protected tree can be waived by the Ddirector if a sufficient Ur number of trees exists on the property to meet all other requirements of the tree preservation ordinance. (4) At the Director's discretion, ilf replacement trees, as designated in subsection (bg (2) of this section, as applicable,.)(1) or cannot be planted on the property, payment of twice the replacement value of the tree as determined by the International Society of Arboriculture Standards, shall be made to the Ceity, in addibkoat IL j� cenje t box trees Q the value of I_K.Qpja-- q_ defined in subsection (a)(1) and Q "al the difeeter's diser-e4io . Siieh payffients shall be d ii. the4r-ee plantm.,-, fu�nd to be d.r------- -,jpv on fat!pub!ie tree purchase and plangng-. (5) Al payments made in restitution for violation- fAhjs tree preservation ion ordinance, Qj � — - — or non-refunded tree replacement dgaQ=9—�itspzta�ined b�thq City, shall be de p—osited in the tree p1m1in of Lfund. to be drawn upon for tree purchase and pi 13.30.090 Decision by director on protected trees. A decision shall be rendered by the Ddirector for each application for removal or replacement of a protected tree. The Director shall determine a Protected tree's useful life with consideration Qfjts,.a Land state of decline to approve its removal. If an application is approved, it shall include replacement conditions in accordance with Section 13.30.080. The Ddirector shall give written notification of the decision to the applicant and all property owners within one hundred feet of the property containing the tree in question. -15- 13.30.100 Tree requirements for new development. (a) Any new development in the Ceity shall be required to plant trees as provided in this section; (b) In areas designated on the South San Francisco general plan land use diagram as low density residential, medium density residential or high density residential one landscape tree for every one thousand square feet of lot coverage; (c) In areas designated on the South San Francisco general plan land use diagram as downtown low density residential, downtown medium density residential, downtown high density residential or downtown commercial one landscape tree for every two thousand square feet of lot coverage; (d) In areas designated on the South San Francisco general plan land use diagram as community commercial, business commercial, coastal commercial, office or business and technology park one landscape tree for every two thousand square feet of floor area; (e) In areas designated on the South San Francisco general plan land use diagram as mixed industrial one landscape tree for every five thousand square feet of lot coverage; (f) In areas designated on the South San Francisco general plan land use diagram as transportation center, public, park and recreation or open space, this section provides no requirement for trees on new development; (g) The Ddirector shall determine the number of existing trees which are of an acceptable size, species and location to be counted toward the requirements of this section. 13.30.110 Maintenance of trees required for new development. The owner of property on which trees have been required to be planted pursuant to Section 13.30,100 shall be responsible for the normal care of every tree which was counted to satisfy the requirements of Section 13.30.100, including, but not limited to, watering, fertilizing and weed control. 13.30.130 Appeal. (a) The decision of the D4irector of parks, feer-eatieii and makitenanee-se.—i-es as to whether any specific plant is a tree or a shrub is final and not subject to appeal. Any other decision of the Ddirector may be appealed to the parks and recreation commission by any interested person by filing a written appeal setting forth the grounds for appeal with the commission within ten days after the determination. Hearing dates shall be set administratively. Notice of the hearing shall be given by first class mail to the appellant and the applicant at least ten days prior to the date of hearing. The decision of the parks and recreation commission is final. -16- (b) Any decision of the pafks and reefeatie Ceommission may be appealed to the Ceity eouneil Manager or his or her designee b. Ring a written appeal v any interested person by filing setting forth the grounds for appeal with the Ceity Celerk within thirty tLOjdays after the determination. Hearing dates shall be set administratively. Notice of the hearing shall be given by first class mail to the appellant and the applicant at least ten days prior to the date of hearing. 13.30.140 Penalty for violation. In addition to any other penalties allowed by law, any person removing, pruning, abusing, or mutilating a tree in violation of this ordinance shall be liable for damages equal to twice the replacement value of the tree as determined by the International Society of Arboriculture Standards, or by a City Arborist determined by the Director as being qualified to make this assessment. 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RECOMMENDATION It is recommended that the City Council provide City Staff with direction regarding a potential ordinance that would require certain types of businesses to maintain video surveillance cameras on their property. DISCUSSION Within the City of South San Francisco ("City"),there are businesses with certain types of characteristics which may increase the potential risk for criminal activity to occur on their property. Those businesses are considered to be more prone to criminal activity due to factors such as the hours of operation,the sales or use of alcohol on the premise,the exchange of currency for goods,the type of products sold on the premise, the overall layout of the property, and an established pattern of criminal activity already occurring on the premise. In order to reduce the likelihood of harm to both employees and patrons as a result of criminal activity, as well as assist law enforcement with the identification and apprehension of subjects, the City Council requested the police department prepare a draft ordinance that would require certain businesses to install and maintain video surveillance camera systems. Businesses Subject to Ordinance Prior to introducing a draft ordinance,the City must determine which businesses that are more prone to criminal activity should be required to install and maintain video surveillance camera systems on their property. The police department has researched the issue and believes the following types of businesses are more prone to criminal activity and therefore, should be required to install and maintain video surveillance cameras: o Banks and Credit Unions • Vehicle Sales or Rentals • Carry Out Food and Drink • Coin Dealers o Convenience Stores • Delayed Deposit Services Businesses, such as payday advance businesses • Pawn Brokers • Scrap Metal Dealers Staff Report Subject: Study Session: Video Surveillance Camera Ordinance Date: November 4, 2015 Page 2 D Self-Storage Facilities o Firearms Dealers o Hotels and Motels o Certain Off-Sale Liquor Establishments, where primary purpose is alcohol sales o Certain On-Sale Liquor Establishments,where business is open past 10:00 pm o Mobile Communications Retailers o Money Transmission Services o Pharmacies o 24-hour Restaurants Location of Video Surveillance Cameras City staff is also seeking direction from the City Council on where the required video surveillance cameras should be located within the businesses subject to the ordinance, and what type of camera technology should be required in order to achieve the necessary deterrence and investigatory objectives. Establishing where businesses must install the cameras will be crucial in order to properly capture the areas most susceptible to criminal activity. The areas where monetary transactions (such as cash registers or front counters) occur, as well as the main entrances and exits are generally the areas where crimes are committed or suspects enter/exit the building to commit those crimes. Additionally,there are certain types of businesses where crimes have traditionally taken place within parking lots of the properties. In South San Francisco,hotels/motels and 24 hour restaurants have also demonstrated a pattern of criminal activity in the parking lots. However, because parking lots can vary in size, staff recommends that, in addition to cameras at each entrance/exit and cash register, hotels/motels and 24-hour restaurants also be required to maintain cameras that can capture the individual parking spaces of their parking lots. Additionally, staff recommends that the video cameras at each parking lot entrance and/or exit will be required to be placed in a location capable of obtaining a detailed description of the vehicles and occupants as they enter or leave the property. The presence of video surveillance cameras in these locations will not only help deter criminal activity, but will also help with suspect identification. Technological Specifications Due to the fact that there is a range in the quality of video surveillance camera systems available to consumers,the City's Information Technology department was consulted and recommends some general guidelines regarding minimum standards for the required video surveillance equipment. It is worth noting that these minimum technology standards are what most video surveillance camera systems currently feature in their products. Adopting these requirements will eliminate poor picture quality and reduced recording distance issues. An estimated cost to purchase a four camera video surveillance system would be approximately $300.00 to $1,500.00, with a higher estimated cost for larger businesses or businesses that require video surveillance cameras in their parking lots. The minimum standards for a quality video camera surveillance system should be as follows: 1. Have one dedicated channel for each camera in operation in order to record the footage from each individual camera. 2. Camera system and cameras shall be Internet Protocol (IP) or Analog High Definition. Internet Protocol camera systems have a high picture resolution, transmit footage via computer network, and generally require less installation. Analog High Definition camera systems transmit in megapixel resolution,which produces a higher quality picture than Staff Report Subiect: Study Session: Video Surveillance Camera Ordinance Date: November 4,2015 Page 3 standard analog. 3. Camera system shall have enough storage to retain data from all cameras for a period of 30 days and have a monitor no smaller than 15 diagonal inches for viewing of the images. 4. Camera system shall have the ability to view and record at the same time,time stamp recorded images, and shall be placed in a locked and secured location to prevent destruction or tampering. 5. Each camera shall have a clear and unobstructed view of the area for which coverage is desired. 6. Each system shall have a dedicated power source to prevent intentional or accidental deactivation. Affected Businesses If a sAdeo surveillance ordinance is adopted,the police department would ensure all affected businesses are aware of the video surveillance camera requirements and verify the business owners have those cameras properly installed according to the ordinance requirements. The ordinance could be constructed in t% o ways: (1)it could be a requirement strictly for new businesses when their business license is submitted for review or(2) it could apply to all existing businesses and new businesses that fall within the business categories listed above. The Police Department recommends that the ordinance apply to both new and existing businesses in order to prevent patterns of criminal activity from occurring,to solve crimes already taking place at these locations, and to be uniform while ensuring all businesses are in compliance with the ordinance. The Police Department realizes some business types would be required to install a video surveillance camera system based on the definition of their business,but due to other unique operational details and/or security features an exemption from the ordinance's requirements might be appropriate. The Police Department could include in the ordinance a process to request an exemption, and then evaluate the exemption requests on a case by case basis. If an exemption is allowed,the Police Department would recommend including the ability to revoke the exemption should the business practices change over time. The ordinance would include specific criteria that the police department would evaluate to determine whether an exemption is appropriate. Similarly, the ordinance could include specific criteria for when revocation if an exemption is justified. The Fire Department's Code Enforcement division indicated that"video surveillance camera systems" could be added to their annual business inspection form and would be an efficient way to regularly ensure businesses are in compliance. This process would also create less of an impact on businesses, as the annual inspection is already a normal part of their routine. Violations of this ordinance could be structured in a progressive manner, such that the City would impose compliance deadlines and warning notices before imposing monetary fines. If applied to the categories of business listed above,the ordinance would impact approximately 150 businesses within South San Francisco. A significant number of these businesses already have existing video surveillance camera systems and would simply need to verify their current video surveillance camera system meets the criteria of this ordinance. Due to the fact that the video surveillance camera systems will require businesses to purchase and install the systems, the compliance deadline could be delayed so that businesses have six months,nine months, or a year from the ordinance effectiveness to establish compliance. Staff Report Subject: Study Session: Video Surveillance Camera Ordinance Date: November 4, 2015 Page 4 As the result of the City Staff's research into this topic, it is our recommendation to adopt the mentioned minimum technology standards, apply the ordinance to both new and existing businesses, and allow for a 9 month grace period for the businesses to comply with the requirements. The police department plans to work with the business owners to confirm the video surveillance cameras are installed within the requirements of the ordinance and partner with the Code Enforcement division to ensure the video camera systems are maintained in good working condition. Summary of Items for Discussion In summary, the following are the policy issues that staff is seeking direction on from Council: 1. Businesses subject to the ordinance; 2. Location of the video surveillance cameras within a business; 3. Technological standards of camera equipment; 4. Applicability of the ordinance to both new and existing businesses; 5. Compliance deadline RECOMMENDATION It is recommended that the City Council provide staff with input on the issues raised in the staff report, as well as any other information they would like for staff to consider or include in a video surveillance camera ordinance. Should City staff receive direction from the City Council to proceed with an ordinance, City staff will work with the City Attorney's Office to prepare a draft ordinance for introduction at a later meeting. By: v Approved: YA. e zo � ike Futrel Chief of Police City Manager s 11F6 Cs CJ Staff Report DATE: November 4, 2015 TO: Mayor, Vice Mayor, and Councilmembers FROM: Jason Rosenberg, City Attorney SUBJECT: STUDY SESSION REGARDING AN ORDINANCE AMENDING CHAPTER 8.50 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO REGULATE SMOKING IN MULTI-UNIT RESIDENCES RECOMMENDATION It is recommended that the City Council review this staff report and draft ordinance, and provide staff direction on actions to take, if any,regarding an Ordinance to regulate smoking in multi-unit residences. BACKGROUND Health and Safety Code Section 118910 states, "A local governing body may ban completely the smoking of tobacco, or may regulate smoking in any manner not inconsistent[with state law],"The City of South San Francisco("City")currently regulates smoking through Chapter 8.50 of the South San Francisco Municipal Code ("SSFMC"). Secondhand Smoke Since the early 1990s, substantial evidence has emerged detailing the health risks of secondhand smoke.The California Office of Environmental Health Hazard Assessment has included secondhand smoke on the Proposition 65 list of chemicals known to the State of California to cause cancer,birth defects,and other reproductive harm.Additionally,exposure to secondhand smoke is a leading cause of preventable death in this country,killing over 41,000 non-smokers each year,including more than 7,000 deaths from lung cancer. A number of California cities and counties (including San Mateo County) have adopted ordinances regulating secondhand smoke beyond places of employment, including multi-unit residences. Some cities have extended their smoking ban to cover the entire city. Current Regulation Under SSFMC Chapter 8.50 Chapter 8.50 prohibits smoking in most enclosed areas and some unen,closed areas in the City. Both tobacco and electronic smoking are prohibited in city buildings,city-owned parking facilities,parks, and along Grand Avenue in the Downtown Core area, In addition, smoking is partially prohibited in multi-unit residences,Presently,smoking is prohibited in all enclosed common areas of multi-unit residences,including lobbies,hallways,and elevators,but is not prohibited within the residential units or in unenclosed common spaces,such as pathways and pool areas, Staff Report Subject: Study Session: Ordinance Prohibiting Smoking In Multi-L-Jnit Residences 2 Other Multi-unit Smoking Regulations in San Mateo County Several other cities in San Mateo County have adopted recent amendments to their municipal codes regulating smoking in multi-unit residences.The Table below highlights some of the key provisions. 7- Option for I Smoking in New Phase-In Period Amount Other Jurisdiction Designated ,Units Prohibited for Existing Units I of Fines Prohibitions City of 100% Smolcing Area 1 Belmont (units that share Yes, with $100 All (adopted in common floor/ 14 months specific criteria up to Common 2007) ceiling) $1,000) Areas ty ll 12 months Yes,with C P+units) specific criteria l 001mon % Areas, 100 $1010 to All Daly City (2+ units with 14 months Yes, outdoors (up Common (2012) shared wall/ with criteria Areas, but ceiling) $1,000) not Condos 'All MuRi-Family T No Al, Bu Housing, St '080 day None Stated commoll "(27F,units.'shaft'ing at= (Jul implementatiOA) wall/flbor/roof) Are0 San Mateo $1.00 to County (2+ units that 14 months $500 All (U m nincorp. share wall/floor/ (6 month Yes, with and Common area) ceiling/ventilatio iplementation specific criteria misde- Areas, and n system) for new units) meanor c-cigarettes PROPOSED ORDINANCE REVISIONS Staff has prepared a draft ordinance that would proposed minor changes to Chapter 8.50 to prohibit smoking in multi-unit residences in the City. The modifications add additional subsections to Section 8.50.030,which outlines where smoking is prohibited. The new subsections would prohibit smoking inside all units within multi-unit residences,and amend the definition of multi-residences in order to exempt residences with physically separated units such as mobile home parks and campgrounds.The new subsections would additionally prohibit smoking in all common areas of multi-unit residences, both enclosed and unenclosed. Note that the current draft ordinance would not extend the prohibitions to the use of electronic smoking devices in multi-unit residences, Staff Report Subject: Study Session: Ordinance Prohibiting Smoking In Multi-Unit Residences 3 In addition to the revisions contained in the attached draft ordinance,the City Council may also want to consider the following modifications: • Effective Date o As you can see from the table on the prior page, many cities have instituted a phase- in period for existing multi-unit residences to adjust to and come into compliance with the smoking ban. The average length is between twelve (12) and fourteen (14) months. • Designated Smoking Areas o Even within cities that have completely banned smoking in multi-unit residences, several have allowed a landlord to designate specific smoking areas and have provided specific criteria, including distances from entrances and exits, only in unenclosed areas, perimeter markings, and receptacles. • Nonsmoking Buffer Zones around Multi-unit residences o In order to prevent smokers from congregating on the sidewalks just outside of a multi-unit residence, some ordinances provide a buffer zone within which smoking is prohibited. These typically range from twenty to thirty feet, • Required Lease Terms and/or Signage o Several cities have also required landlords to provide in all future leases that smoking is prohibited in all units and common areas in multi-unit residences and violation is a material breach of the lease terms. o "No smoking" signs or symbols have been required to be posted and maintained on the property of multi-unit residences by multiple cities in order to clearly indicate the prohibitions to all guests and residents. RECOMMENDATION It is recommended that the City Council review the information in this staff report and draft ordinance, and provide staff with guidance on further actions. By Approved: Jason S. Rosenberg e Futrell City Attorney City Manager Attachment: Draft Ordinance PowerPoint Presentation 2466374.3 ORDINANCE NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE AMENDING CHAPTER 8.50 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO BAN SMOKING THROUGHOUT MULTI-UNIT RESIDENCES WHEREAS, according to the Center for Disease Control, scientific studies have concluded that cigarette smoking causes chronic lung disease, coronary heart disease, stroke, cancer of the lungs, larynx, esophagus, mouth, and bladder, and contributes to cancer of the cervix, pancreas, and kidneys;and WHEREAS,the U.S. Surgeon General has concluded that there is no risk--free level of exposure to secondhand smoke and neither separating smokers from nonsmokers nor installing ventilation systems effectively eliminates secondhand smoke; and WHEREAS, the United States Environmental Protection Agency (EPA) has found secondhand smoke to be a risk to public health, and has classified secondhand smoke as a Group A carcinogen, the most dangerous class of carcinogen to humans; and WHEREAS, the California Air Resources Board has categorized secondhand smoke as a toxic air contaminant, putting it in the same category as the most toxic automotive and industrial air pollutants; and WHEREAS,more than 450,000 people die in the United States from tobacco-related diseases every year, making it the nation's leading cause of preventable death; and WHEREAS, exposure to secondhand smoke is a leading cause of preventable death in this country,killing over 41,0! 0 non-smokers each year,including more than 7,000 deaths from lung cancer;and WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SIDS) in infants of mothers who smoke; and WHEREAS, according to the American Lung Association, secondhand smoke exposure causes as many as 300,000 children in the United States to suffer from lower respiratory tract infections,such as pneumonia and bronchitis,exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in children; and WHEREAS, California Health and Safety Code Sections 118910 explicitly authorizes a local entity to regulate or completely ban the smoking of tobacco; WHEREAS,the City of South San Francisco ("City")adopted Ordinance No. 1010- 1987 for the purpose of enacting Chapter 8,50, Regulation of Smoking ("Regulation of Smoking Ordinance"); and WHEREAS, the City has since amended the Regulation of Smoking Ordinance to more effectively regulate smoking and protect public health within the City; and WHEREAS, multi-unit residences are becoming increasingly common and are a critical tool in providing housing to South San Francisco residents; and WHEREAS,the City desires to amend the Regulation of Smoking Ordinance in order to further protect the health and welfare of its residents and visitors, NOW THEREFORE, the City Council of the City of South San Francisco does ORDAIN as follows: SECTION 1. AMENDMENTS The City Council hereby amends Chapter 8.50 of the South San Francisco Municipal Code to read as follows (additions in double underline; deletions in str4ketlffeug ). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. 8.50.020 Definitions. mmon.Common area means every enclosed and every unencloed area of a multi-unit residence where residents of more than one unit and/or their guests are entitled to enter or use, including, but not limited to, elevators, hallways, stairways, lobbies, lounges, recreation rooms, exercise facilities, shared-restrooms, shared cooking or eating facilities, and-shared laundry rooms, community swimming oo s la rounds &hwa ysand courtyards. ds. "Multi-unit residence"means any property with two_Q or more uUnits and one or more shared walls, floors, or NLfings. A mMulti-unit residence does not include the follo)_�*.• Cjj a single-family residence with an in-law or second unit3-, or (2) a single, contiguous residence in which rent is shared by the residents and U) a hotel.or mo -ode section 1940, subdivision b 21. 8.50.030 Smoking prohibited. (a) Enclosed Places, Smoking shall be prohibited in the following enclosed places within the city except as otherwise permitted in Section 8.50.040, and except in such places in which smoking is already prohibited by state or federal law, in which case those laws apply: (1) Places of Employment. Smoking is prohibited in all enclosed places of employment, as defined in this chapter and by California Labor Code Section 6404.5, as may be amended. 2 (2) 9-nelased Common Areas. Smoking is prahibite44n-ell-e��� as of multi bmit r-esid'4+SPf✓✓n L Vn;tq +1,;n all lutM-unit LL slden4es. JY in is l4 prohibited in all Units cgntaing with in aMulti-�xnit residence (3) City Buildings. Smoking is prohibited in all enclosed areas of any building or facility owned and occupied or leased and occupied by the city. (4) City-Owned Enclosed Larking Structures. Smoking is prohibited in all city-owned enclosed parking structures. (5) City Vehicles. Smoking is prohibited in all city-owned, leased and/or controlled vehicles. (b) Unenclosed Places. Smoking shall be prohibited in the following unenclosed places within the city except in such places in which snacking is already prohibited by state or federal law, in which case those laws apply; (1) Parks and Recreation Areas. Smoking is prohibited in all parks and recreation areas within the city, designated as parks and recreation (PR)on the South San Francisco Zoning Map. (2) Outside of City Buildings. Smoking;is prohibited within twenty feet of a main exit, entrance or operable window of any facility covered by subsection (a)(3). (3) City-Owned Parking Lets. Smoking is prohibited at all city-owned parking lots. (4) Downtown Core. Smoking is prohibited on all outdoor property along Grand Avenue between Spruce.Avenue and Airport Boulevard. This prohibition extends in both directions down Cypress, Linden, Maple and Walnut Avenues where those streets intersect Gravid Avenue, up to the beginning of Third Lane and Fourth Lane, respectively. Such prohibition includes, but is not limited to, sidewalks, benches, walkways, streets, and outdoor eating areas that are situated within the area prohibited by this subsection (b)('4). (5) Designated Public Places. Smoking is prohibited in any open-air public places on city-owned property not otherwise covered by this section when designated by the city manager. �`c4.._._ Coraaon areas. Smokiza.� rs t��ahrbited in alfl Corrgmor�areas_ofMulti.-unit residences. _. SECTION 2, SEVERABILIT`u' If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, 3 paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION 3. PUBLICATION AND EFFECTIVE DATE Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1)publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1)publish the summary, and (2) post in the City Clerk's Office a certified 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. This ordinance shall become effective thirty days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco, held the day of 2015. Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the day of-, 2015 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this day of 2015. Mayor 2466121.3 4 0 0 �S= V) s u 0 00 cn 0 OEM= N LUNM 0 m MEN= 0 E w 0 E (on eym u>, U4mma 4=j 4mJ 0 0 =0 C c mc I 0 0 m Sol= ill IIII a 0 m SEEM YID iii I�'�I XI fl tl o cn m 0 r(s 0 rd u &, = Z: U N A, w,., rn QV U sc: co C) V) E Ln CIS V ILA ft 00 0 C1 co: CV1 0 e d Q 0 OREM CL-0 CL rd QV cmx 4-j 10 CIS 0 o L- a I- E CIS -0 CL cl CIS Ln CIO LA f MT gam X: 73 CL (1) o 0 X: LEE 0 0 o �r as �m cn C 0 C, 0 W CL) 0 C) (3) �CU E IMMP I MY If no CO: 0 0 C) c (V �O -Wu o E cn E T) v C. 0 MIMI k. 0 u LA g:m rcs 73 A. Ln tA 0 0 yr 0 4n ww, c� " o a 4v ad z MMEM Ln ird tn° 10 fu tu Fs w tin $i M . uti kA mmumm ' ae q etAS 4mm C9 tv r C "" }. " F. v 41 r9 r 9,0 "' cn wl� MOM U let ft 4-1 rd 0 1c) 4=J ft 4-J cnl ro (V 0 0 o o E o E C- Ln u o E CU - 4-J E oo 0 (V 0 Staff Report DATE: November 4, 2015 TO: Mayor, Vice-Mayor, and Council embers FROM: Alex Greenwood,Director of Economic and Community Development SUBJECT: DISCUSSION REGARDING RESIDENTIAL USES EAST OF 101 RECOMMENDATION It is recommended that the City Council review options regarding residential uses east of 101, and provide staff with comments and/or direction regarding next steps for developing policies and regulations and completing analyses. BACKGROUND The area to the east of U.S. 101 has historically been dedicated to industrial uses, limited open space, and warehousing. In order to protect these uses and avoid potential land use conflicts, residential uses are prohibited east of 10 1. Over the past 30 years, this area has been transformed into the premier location for research and development (R&D) offices, and is currently home tote largest biotechnology cluster worldwide. While the employment uses east of 101 continue to grow and thrive, introducing residential and mixed-use development in this area can provide long-term benefits, helping to ensure the future success and long-term well-being of this area, providing benefits tote City as a whole. Biotechnology and R&D uses have traditionally been developed in a business-park style, is was prevalent in the 1980s. This is an increasingly outdated design, consisting of large concentrations of employment land uses, and oriented to the single-use automobile, rather than focusing on the pedestrian and bicycle environment, and connections to transit® However, the demographics of the workforce are shifting, and along with this shift is a re-thinking of the preferred business park environment. ills vials (the generation born 1980—2000, approximately), have expressed strong preferences for work environments that contain a range of services, amenities, and that provide a sense of place and identity. These services, and the desired walkable and urban environment, are not achievable within the current single-use development pattern, but can be realized with residential and mixed-use development. Introducing high-density residential and mixed-use development can help bring desirable services and amenities including neighborhood-serving retail, restaurants, coffee shops, plazas, and active gathering spaces. These amenities can add value and serve the entire area east of 101, including the existing and future employment base. Amenities, along with a diverse land use mix. will help to create a sense of place and identity east of 101, and provide balanced live-work opportunities in a transit-rich location. to Report Subject: RESIDENTIAL USES EAST OF 101 STUDY SESSION Date: November 4, 2015 Page 2 of 3 Residential and Mixed-Usej2egettunities Staff recommends studying mixed-use development, including high-density residential, supportive retail, office, and R&D uses in specific parts of the area east of 101, illustrated in Attachment 1 (Eastern Neighborhood, Oyster Point Marina Neighborhood, and Dubuque Neighborhood as a future study area, focusing on urban retail and mixed-use). These areas have been identified as potential residential or mixed-use neighborhoods, to be studied in additional detail,with the following goals in mind: • Minimize conflicts with existing industrial uses east of 101. It is critical that any future residential development east of 10 1 occurs while still allowing for and encouraging the continued growth and success of this vital employment base. Conflicts between residential and industrial uses can occur due to physical proximity of diverse uses in the for of traffic impacts, hazardous materials, and varying infrastructure requirements. Introducing residential uses in a traditionally industrial area can also complicate the future expansion of established industrial uses due to neighbor opposition, and can result in the loss of industrial zoning in the face of potentially higher residential an values. The locations identified are adequately removed from heavy industrial areas, thus minimizing potential land use conflicts. • Build on regional transit connections. The reconfigured Cal train station and plaza, which is fully funded and is scheduled to be constructed within the next for years, provides an excellent opportunity to consider high intensity, mixed-use transit-oriented development in the Eastern Neighborhood. While ferry service is not currently robust, there are opportunities to explore mixed-use development in the Oyster Point Marina Neighborhood, with the knowledge that ferry service may increase significantly in the future. • Strengthen linkages and connections with Downtown. The extension of the alt in station and the construction of the pedestrian / bicycle underpass will help to connect east of 101 with Downtown. The introduction of residents with immediate access to Downtown will help to support Downtown businesses, and can also provide a pool for existing and future employment uses. • Ensure adequate infrastructure and services to serve residential and mixed-use development. Public service needs would change and expand with the introduction of residential and mixed-use development east of 101. If these uses are permitted east of 101, it will be critical that the area is adequately served, simultaneously ensuring that the cost of services matches revenues received. Roadmge ter jQ2g1j4Er1M&Ag!gMdd There are many critical issues to study, or to initiating policy and regulatory changes that would allow residential. Residential and mixed-use development types have different demands on the full range of public services, and comprehensive public services analyses are needed to determine required capacity and levels of service. It is also critical to develop mechanisms to ensure that future development would pay for public services in an equitable manner, and not burden existing residents or businesses. Staff Report Subject: RESIDENTIAL USES EAST OF 101 STUDY SESSION ate® November 4, 2015 Page 3 of 3 Environmental analyses are needed to understand physical constraints that would affect the location and intensity of new development. Specific issues to consider and study include: • A comprehensive public services analysis,to understand the impact ® City services (e.g. public safety, parks and recreation)and costs associated with new public facilities and the related ongoing maintenance and operations. • Fiscal impact analysis to assess the demand for and cost of public services for residential and mixed-use development. • Similarly, an impact fee analysis to develop a strategy for covering initial and ongoing service costs. • Infrastructure capacity analysis to measure and plan for adequate service fora mix of uses. • Traffic, noise and air quality analyses to deterrnine the trip generation levels and associated impacts that would be generated by residential and mixed-use development patterns. • Sea level rise analysis, t o e nsure that future development east of 10 1 occurs in a manner that is sustainable and safe. • Geotechnical analysis, to help understand physical constraints that would affect locations of residential and mixed-use development. • �Market feasibility analysis, to better understand the types, mix, and intensity of uses that would best be accommodated east of 10 1, in relation to the City and the region. Undertaking comprehensive studies will provide the City with data and analysis to move forward with pen-nitting residential and mixed-use development east of 10 1. NEXT STEPS /RECOMMENDATION City staff recommends that the City Council review the options presented regarding residential uses east of 10 1, and provide staff with any comments and/or direction. .. ............. .... By: Approved: Alex Greenwood ke'Futrell_ Director of Economic and Community illy Manager Development Attachments: 1. Potential Residential Opportunity Sites P. 1 2. Power Point Presentation p. 3 Attachment 1 Potential Residential Opportunity Sites 1 o ell g��'S415gN a� a�rSN J VVVUWWiuuu LL ( �ii„iiliip �I �u � i .r r r -- LO ��1�1+� p�1111i1 I m 1111 @!�..-..... .- 0 �+ I,- ZNpppippupi i (� uuuuuuuu'u � r LO j N ( O O r ( p ,���r sw.nrrrrr� nw�ur.. ter III 0 III '” irr. 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