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HomeMy WebLinkAbout2015-11-18 e-packet@6:30 rSiPECIAL MEETING S CITY COtNCIL Cn OF THE CITY OF SOUTH SAN FRANCISCO 0 P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, California 94083 Meeting to be held at: CITY HALL CONFERENCE ROOM 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA WEDNESDAY,NOVEMBER 18, 2015 6:30 P.M. NOTICE IS HEREBY GIVEN,pursuant to Section 54956 of the Government Code of the State of California, the City Council of the City of South San Francisco will hold a Special Meeting on Wednesday,the 18'b day of November,2015,at 6:30 P.M.,in the City Hall Conference Room,400 Grand Avenue, South San Francisco, California. Purpose of the meeting: 1. Call to Order. 2. Roll Call. 3. Public Comments—comments are limited to items on the Special Meeting Agenda. 4. Agenda Review. CONSENT 5. Resolution awarding the construction contract to Alex Kushner General Contractor of San Francisco, California, for the Permit Center Upgrade Project in an amount not to exceed $174,000.00 and rejecting all bid protests. (Patrick Caylao, Associate Engineer). 6. Resolution amending the Salary Schedule, effective November 18, 2015, by assigning a salary range for the Child Care Assistant Supervisor job classification in the Mid-Management Bargaining Unit and City Clerk Records Technician job classification in the confidential bargaining unit. (Mich Mercado, Human Resources Manager). 7. Resolution approving a first amendment to the Affordable Housing Agreement with City Ventures for the Project at 1256 Mission Road. (Armando Sanchez, Housing Consultant) ADMINISTRATIVE BUSINESS 8. Presentation of 2014-15 Year End Financial Results and Resolution authorizing budget closing. (Richard Lee, Finance Director). 9. Resolution approving a Cooperative Agreement with the Peninsula Corridor Joint Powers Board for the South San Francisco Caltrain Station Improvement project and amending the 2015-2016 Capital Improvement Program Budget. (Brian McMinn, Director of Public Works). PUBLIC HEARING 10. Introduction of an Ordinance establishing an Underground Utility District along Spruce Avenue from Railroad Avenue to Park Way, and directing staff to develop a list of future underground utility districts (CIP Project ST1204). (Sam Bautista, Principal Engineer and Kathleen Phalen, Swinerton Management). ADJOURNMENT sta Maftinelf," di y Cl SPECIAL CITY COUNCIL MEETING NOVEMBER 18,2415 AGENDA PAGE 2. S Staff Report DATE: November 18, 2015 TO: Mayor, Vice Mayor, and Councilmembers, FROM: Brian McMinn, Director of Public Works/City Engineer SUBJECT: A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO ALEX KUSHNER GENERAL CONTRACTOR OF SAN FRANCISCO, CALIFORNIA FOR THE PERMIT CENTER UPGRADES PROJECT IN AN AMOUNT NOT TO EXCEED $174,000.00 AND REJECTING ALL BID PROTESTS RECOMMENDATION It is recommended that the City Council adopt a resolution awarding the construction contract to Alex Kushner General Contractor of San Francisco, California for the Permit Center Upgrades Project(Project No.pf1606)in an amount not to exceed$174,000.00 and to reject all bid protests. BACKGROUND/DISCUSSION The Permit Center, created in 1996, is comprised of the Planning, Engineering and Building Divisions, which provides information. and application materials to businesses, developers, and other applicants for necessary permits and approvals.The portion of the Permit Center occupied by the Planning and Building Divisions is in need of improvements to its workspace for staff,security, and Americans with Disabilities Act (ADA) accessibility. The improvements are intended to improve the workflow of the Building and Planning staff, with shifting personnel to appropriate workspaces, that not only serves their work needs, but to provide better service to the general public. A key-entry security door will be installed at the front counter for much needed security. Also, the pennit counter will be adding an ADA accessible counter space. An alternate bid item will include the installation of a kitchenette within the work scope. Staff recommends awarding the alternate bid item as it would help make the renovated space more versatile for future office space planning. During the course of construction, the Building and Planning permit technicians will be temporarily housed in the Annex Conference Room while the inspectors, staff planners, and administrative staff will be in the City office located at the Miller Avenue Parking Structure, All communications will be directed to the parking structure city office, Construction is expected to begin middle of December 2015 and last approximately forty (40) calendar days. Group 4 Architecture was the consultant hired as the designer for the project. Construction is scheduled to be completed in January 2016, Staff Report Subject: A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO ALEX KUSHNER GENERAL CONTRACTOR,OF SAN FRANCISCO,CALIFORNIA FOR THE PERMIT CENTER UPGRADES PROJECT IN AN AMOUNT NOT TO EXCEED $174,000.00 AND REJECTING ALL BID PROTESTS Page 2 of 3 Staff advertised a Notice Inviting Bids for the Project on October 13,2015. On October 20 and 21, 2015, staff held mandatory pre-bid conferences in which three (3) prospective bidders attended. On November 5, 2015, the City received three (3) bid proposals. The following is the list of bidder(s) with their total bid, which includes their base and alternate bid: Contractor Base Bid Alternate Bid Total Bid Alex Kushner GC $ 169,000,00 $ 5,000.00 $ 174,000.00 USS Cal Builders $ 173,745.00 $ 12,000.00 $ 185,745.00 Rodan Builders, Inc. $ 188,736.00 $ 10,179.00 $ 198,915.00 Engineer's Estimate $ 130,000.00 $ 10,000.00 $ 1401000.00 The lowest responsible bidder was Alex Kushner General Contractor("AKGC")of San Francisco, California. Staff has verified the low bidder's current contractor's license with the California State Licensing Board and found it to be in good standing. Staff recommends awarding the construction contract to Alex Kushner General Contractor of San Francisco, California. On November 6,2015, staff received a bid protest letter(Attachment"A")from USS Cal Builders of Stanton, California claiming that the lowest bidder, AKGC, was non-responsive and non- responsible by allegedly not preparing and providing certain bid proposal documents. Prior to the bid protest, staff reviewed the lowest bidder's proposal and found it to be responsive and responsible. Staffs response letter to the bid protest letter is attached as Attachment"B"for your review. FUNDING Funding for this project is included in the City of South San Francisco's 2015-2016 Capital Improvement Program (CIP), and sufficient funds are available in the project budget (pfl 606) to cover the costs. Since, there are no federal funds being used for this project, there are no requirements to meet Disadvantage Business Enterprise (DBE) reporting goals. Shown below is the Project budget and cost breakdown: Project Budget (CIP FY 2015-2016) $ 285,000.00 Alex Kushner General Contractor Total Bid $ 174,000.00 Hazardous Materials Allowance $ 15,000.00 Contingency(15%) $ 26,100.00 Administrative (10%) $ 17,400.00 Total Project Budget $ 232,500.00 Staff Report Subject: A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO ALEX KUSHNER GENERAL CONTRACTOR,OF SAN FRANCISCO, CALIFORNIA FOR THE PERMIT CENTER UPGRADES PROJECT IN AN AMOUNT NOT TO EXCEED $174,000.00 AND REJECTING ALL BID PROTESTS Page 3 of 3 CONCLUSION Staff recorm-nends awarding the construction contract to Alex Kushner General Contractor of San Francisco, California for the Permit Center Upgrades Project in an amount not to exceed $174,000.00 and rejecting all bid protests. The resulting improve►nents will upgrade the Permit Center, improve security and ADA accessibility, and improve customer service. By: Approved: Ab I V Brian McMinn / W /'N4iFutWl Director of Public Works/City Engineer City Manager Attachment: Resolution Floor Plan Protest Letter from USS Cal Builders (Attachment "A") Staff Response Letter to Bid Protest(Attachment "B") Draft Form of Agreement pc/sb RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AWARDING THE CONSTRUCTION CONTRACT TO ALEX KUSHNER GENERAL CONTRACTOR OF SAN FRANCISCO, CALIFORNIA FOR THE PERMIT CENTER UPGRADES PROJECT IN AN AMOUNT NOT TO EXCEED $174,000.00 AND REJECTING ALL BID PROTESTS WHEREAS, the portion of the Pen-nit Center occupied by the Planning and Building Divisions is in need of improvements to its workspace for staff, security, and ADA accessibility; and WHEREAS, on October 13, 2015, City of South San Francisco ("City") staff issued a Request for Proposals ("'RFP") for the Permit Center Upgrades Project ("Project"); and WHEREAS, on November 5, 2015, staff received proposals from three (3) (inns; and WHEREAS, after reviewing the submitted bid proposals, Alex Kushner General Contractor ("Alex Kushner"), was the lowest bidder; and WHEREAS, city staff recommends that the City Council authorize the City Manager to award the construction contract to Alex Kushner of San Francisco, California in an amount not to exceed $1,74,000.00 and rejecting the bid protest from USS Cal Builders; and WHEREAS, funding for the Project is included in the City of South San Francisco's 2015-2016 Capital Improvement Program ("CIP"). NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco that the City Council hereby approves the award of the construction contract for the Permit Center Upgrades Project with Alex Kushner General Contractor of San Francisco, California in an amount not to exceed $174,000.00 conditioned on Alex Kushner's timely execution of the Project contract and submission of all require documents, including but not limited to, certificates of insurance and endorsements, in accordance with the Project documents. BE IT FURTHER RESOLVED that the City Council of the City of South San Francisco hereby rejects all bid protests. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager to award the construction contract on behalf of the City upon timely submission by Alex Kushner's signed contract and all other documents, subject to approval as to form by the City Attorney. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a meeting held on the day of 2015 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk -2- _T _.... I I t t 1 I II I I I I Ft nlnalnwc,neP,.raniaeNC 5 1 SpI1TM SAN FRANCISCO UPGRADES FRANCM i a �, fi� i 9i�n�N IE vENUE !. v �� �sU"o�acq I CA PSI i we .. 8WL1 ING CEP RrME',NI m W I ...... _ 'fY�/ ._..._.,_.,.,._....._._.._......_.......�_....m.................. ....... ...�I,� ..., ,,,.....C. '.'�' __—_--__—. (NJ Fd6J1i CqW HEFN, _".il1YJJ1l(i:L+ItlY¢-8Z".. 'tCa TI } "`9 3 Ae ��M ����N �����ZVUSS ��� �������� � � Nuvennber6, 2015 i VIA CERTIFIED MAIL AND EMAIL ! | Mr. Patrick Cavac\ P.E. Associate Civil Engineer City of South San Francisco Engineering Division 315 Maple Avenue South San �Framdsco, [AB4880 Phone: 650-829-6668 Re: Permit Center Upgrade Project Bid Number-Engineering Fi|eNo.PB-15-S, Project NO, 510-99889- PF1GOO BID NO. 259O Bid Date- November 5, 2015 Bid Protest ofUSS Cal Builders Inc. Dear Mr. Cey|oo: On or about November 5, 2015, Alex Kushner General Contractor was the apparent low bidder on the Permit Center Upgrade Project- 8id |dentiMca1ionPB-25-9, ProjectNO. S10-99999-PF1606 BID N8. 2S8U (the °Pr 'ect°). Thi5mmrnespondemcesha|( constituteU5SCaU8mi|der3 |mc. /°BSG�"\ Bid Protest of Alex Kushner General Contractor's bid. Alex Kushner General Contractor's bid is nonresponsive because its bid failed to comply with material requirements in the Instructions to Bidders as noted below, As such the bid must be rejected. (See /1996\ 45 Cal. Appl 4th D87). ° Alex Kushner General Contractor did not Use the correct bid form supplied and required by the contract documents and through the instruction tobidders. 0 Alex Kushner Generai| Contractor did not include the signed acknowledgment of Addendum 1 in its bid submission as required by the contract documents and through the instruction to bidders. 0 Alex Kushner General Contractor did not include the signed acknowledgment of Addendum 2 in its bid submission as required by thecontract documents and through the instruction to bidders. a Alex Kushner General Contractor did not include the Bid Bond and Power of Attorney in its bid submission as required by the contract documents and through the instruction to bidders (missing pages 9 & 10 from the bid forrn/Pmoposa|). T714 828 4882 F/14828 9,490 LUC 654454 8051 Ma�n Street, Stanton, CA9068D www.U8SCaYbUi|deys,co0 ,30� �� �N��N ����ZVUSS ��� ���������� ����e, As you are well aware, Responsiveness refers to the bid itself, which encompasses all of the documents that must be submitted by each bidder within its sealed bid envelope. That includes the bid proposal form, the signed acknowledgments, the bid bond, the power Vfattorney, and � any other documents that the bidders are required 1nsubmit fora particular bid./\determination � � of responsiveness boils down to a simple binary analysis: whether or not the bidder complied' � with the bidding instructions and in this case it is clear that Alex Kushner General Contractor did | not. | The City can only exercise its discretion to waive minor inconsequential errors. The bid | � documents make the use of the addendum 2 bid form mandatory by using the word "shall." The bid form requires the bidder to acknowledge certain bond requirements and contract documents revisions. The District cannot accept a bid that |som the wrong form and does not include signed aicknovv|edgernentas required of both addenda (addendum 1 dated October 19, 2015 and Addendum 2 dated October Z8, 3O16). This is not in immaterial vvaivab|merror, the use of the correct bid form was mandatory at bid date and time. Here Alex Kushner General Contractor's bid must be found non-responsive due to their failure to conform to the above mentioned requirements. Alex Kushner General Contractor deviations are material as the mentioned general contractors will enjoy a substantial benefit not enjoyed by other bidders by not complying with the express requirements of the instructionsto bidders. (See Valley Crest Landscape, Inc. v. City Council of Davis (1995) 41 Cal. App. 4111432). The City's Instructions to Bidders made certain bid requirements mandatory. To evaluate the bids on any basis other than those requirements would be inappropriate and would give a substantial benefit to Alex Kushner General Contractor not enjoyed by other bidders. Through the facts and irregularities presented above that clearly clermonstratethe biddersfa||uretwmeet the requirements, we again respectfully request that the award of the Project be made to WSS [a| Builders, Inc. |f you should have any questions, feel free tV contact rneat714-699-5245. Sincerely, Rab�ih B-Zein Sr. Vice President LISS Cal Builders, Inc. T714 8�284�82 , F714 828 9498 LUC 1654454 8051 Main Street, Stanton, CA 9068,0 wwVKQGsCaUbUi|deys corn CTIN C OtONCIL 2015 R J(A I 4R D V R H)R JN:(),NJ,\V()R Al H UTYI?N(AWIFR 1.11Cq \DDIEGUVIO PRAD) 11`11 G1 1!1N �('"OUNCIIATEN Ili 'R P1 t(iNk(0(50)829,6652 COLINCHAlkMBFIR U/-A M)RM,VNfl)Y,COUNCHAIJ�Afflldz I,%X(0.,'141)R29 66K9 0 MlKk H,Y]'Rkkk,d d]YMAN ref)FR November 10, 2015 VIA E1\LAIL, FAX AND US NIAIL Rabih El-Zein, Sr. Vice President USS Cal Builders, Inc, 8051 Main Street Stanton, CA 90680 Re, Response to Bid Protest for the Permit Center Upgrade Project Project.No.pfl6O6, Bid No. 2580 Dear Mr. El-Zein: Thank you for your letter dated November 6, 2015. This letter is sent on behalf of the City of South San Francisco ("City") in response to N70Uf correspondence regarding a bid protest by USS Cal Builders ("USS") on the Permit Center Upgrade Project, Project No. pf1606, Bid No. 2580 ("Project"). In your later, you contend that the lowest apparent bidder, Alex Kushner General Contractor ("AKGC") submitted a non-responsive bid because it did not use the correct bid form, did not include Addendum #1 and #2, and did not include Bid Bond and Power of Attorney in its bid. subtilission. We have careful]), reviewed Your bid protest and consulted with our City Attorney's office. Upon review, we have determined that the apparent low bidder's bid is responsive and hereby reject your bid protest. Your representative asked for the Bid Proposal package, which showed the bid schedule. She did not receive a copy of the Bid Bond, Power of Attorney and signed acknowledgements of Addcndurn 41 and #2. Copies of those documents are attached to this response letter. Lastly, the City has confirmed that the lowest apparent bidder has complied with all bid requirements, even though AKGC stated its bid priced on the original farm, the bid schedule remained the same and the total price of the bid did not change. Further, while we do not agree that there is a bid irregularity here, to the extent that it may exist, public entities have some discretion in interpreting and enforcing their bidding rules, including the right to waive inconsequential bid irregularities. Further, to the extent that a bid irregularity may exist, the City clearly has right in interpreting and enforcing its bidding rules and has the sole discretion to waive inconsequential bid irregularities. In this instance, any purported bid itregulari tics would not affect the amount of the bid submitted by the lowest responsible bidder. The court in ALM Constiwaion, Jnc. v. Cil'y and Coulqy qf' San F�Y-ayltis,v (1998) 66 Cal.AppAth 359 at 369 held that the rule of strict compliance USS Cal Builders November 10, 2015 Page 2 with bidding requirements does not preclude a contracting entity from waiving inconsequential deviations, providing: IT]he deviation must be capable of facilitating corruption or extravagance, or likely to affect the amount of bids ..." Id. at 370. This affirms the court's analysis two years earlier in Gbilotli Construction Co. V. City of RJ("bW0nd (1996), 45 CaLApp.4th 897, 209: [I]t is further well established that a bid which substantially conforms to a call for bids may, though it is not strictly responsive, be accepted if the variance cannot have affected the amount of the bid or given a bidder an advantage or benefit not in variance is allowed other bidders or, " other words, if the va 'ance inconsequential. Finally, staff has taken your bid and bid protest seriously. The City is committed to providing all bidders a fair opportunity to bid on and be awarded its numerous projects. It is in the City's best interest to have a robust bidding environment. To that end, staff has worked and continues to work diligently towards making sure all bids are hat-idled consistently and fairly. Please contact me if you have any questions. Ven,Truly Yours, Patrick Cavlao, P.E. Associate i#.ngineer City Of South San l"rancisco cc: Sam Bautista, Principal Engineer Jason Rosenberg, City Attorney k wOD COD CITY OF SOUTH SAN FRANCISCO ENGINEERING DIVISION PART I PROJECT NAME: PERMIT CENTER UPGRADES PROJECT PROJECT NCI, PF1606 ENG. FILE NO PB-15-9 CONTRACTOR NAME: ALEX KUSHNER GENERAL CONTRACTOR 2364 FUNSTON AVENUE SAN FRANCISCO, CA 941.16 BID NUMBER: 2580 AGREEMENT FOR PUBLIC IMPROVEMENTS GENERAL PROVISIONS 315 MAPLE AVENUE SOUTH SAN FRANCISCO, CALIFORNIA 94080 (650) 829-6652 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENTS TABLE OF CONTENTS Pau No. I Scope of Work A-I 2, The Contract Documents A-1 3. Equipment -Performance of Work A-2 4. Contract Price A-2 5, Time for Performance A-2 6. Rights of City to Increase Working Days A-2 T Option of City to Terminate Agreement in A-2 Event of Failure:to Complete Work 8. Termination of Contract for Convenience A-3 9. Liquidated Damages A-5 M Performance by Sureties A-5 11. Care of the Work A-5 12. Payments to Contractor A-5 13. Contract Security A-6 14. Hold-Han-riless Agreement and Contractor's Insurance A-7 15. Insurance A-7 I& Proof of Carriage of Insurance A-8 17. Emergency - Additional Time for Performance A-8 Procurement of Materials 18. Provisions Cumulative A-9 19, 'Notices A-9 20. Interpretation A-10 Attachment A—Escrow Agreement for'Security Deposits in Lieu of Retention Page A-I of 12 FORM OF AGREEMENT FOR PUBLIC IMPROVEMENT'S THIS AGREEMENT made and entered into this 18th, day of November, 2015, between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation and political subdivision of the State of California, hereinafter called "CITY" and Alex Kushner General Contractor, hereinafter called "CONTRACTOR"'. W I T N E S S ETH: WHEREAS, City has taken appropriate proceedings to authorize construction of the public work and improvements herein provided and execution of this contract. WHEREAS, a notice was duly published for bids for the contract for the improvements hereinafter described. WHEREAS, on NOVEMBER 18, 2015, notice duly given, the City Council of said City awarded the contract for the construction of the improvements hereinafter described to the Contractor, which Contractor said Council found to be the lowest responsible bidder for said improvements,, WHEREAS, City and Contractor desire to enter into this agreement for the construction of said improvements pursuant to the terms, definitions and conditions set forth in the General Provisions and other Contract Documents, IT IS AGREED as follows: 1. Scope of Work. Contractor shall perforin the Work described briefly as follows: The Work consists of the furnishing of all labor, materials, tools, equipment, and services necessary for the construction of the PERMIT CENTER UPGRADES PROJECT; PROJECT NO. PF1606; BID NO. 2580; in accordance with the contract documents. Also included are any such other items or details not mentioned above that are required by the Contract Documents, which are to be constructed or furnished and installed as shown on the plans, as specified herein.and as directed by the Engineer. The aforementioned improvements are further described in the "Contract Documents" hereinafter referred to. 2. The Contract Documents, The complete contract consists of the following documents: This Agreement; Notice Inviting Bids; the Accepted Bid; the complete plans, profiles, detailed drawings, Standard Plans and Specifications, including Standard Specifications, General Provisions, Special Provisions and Technical Provisions; Faithful Perfon-nance Bond; Payment Bond; Bid Schedule and Wage Scale, All rights and obligations of City and Contractor are fully set forth and described in the contract documents. `The term"Contractor" as used herein is employed without distinction as to either number or gender and shall include whenever the context shall permit all agents,representatives,ernployees,servants,subcontractors and business or social invitees. Page A-2 of 12 All of the above named documents are intended to cooperate, so that any work called for in one and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete contract will hereinafter be referred to as "the Contract Docurnents." 3. Equipment -_Performance of Work, Contractor shall furnish all tools, equipment, apparatus, facilities, labor and materials necessary to perform and complete in a good and workmanlike manner the Work of general construction as called for, and for the manner designated in, and in strict conformity with, the plans and specifications for said Work entitled: The equipment, apparatus, facilities, labor and materials shall be furnished and said Work performed and completed as required in said plans and specifications under the direction and supervision and subject to the approval of the Engineer of said City or the Engineer's designated assistant. 4. Contract Price. City shall pay, and Contractor shall accept, in full payment for the Work agreed to be done the sure of One Hundred Seventy Four Thousand Dollars (S174,000.00). Said price is detennined by the lump sum price contained in Contractor's bid. The lump suite price and unit prices are set forth in the completed Bid forms attached hereto and made a part hereof as if set forth herein verbatim. In the event work is perfon-ned or inaterials furnished in addition to those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for at the unit prices therein contained. Said amount shall be paid in installments as hereinafter provided. 5. Time for Perfonnance, The Contractor shall complete the Work called for under the contract in all parts and requirements within sixty (60) working days as defined in the Special Provisions. 'rhe Engineer shall furnish the Contractor a monthly statement showing the Dumber of working days charged to the contract for the preceding month, the number of working days specified for the completion of the contract,and the number of working days rei-naining to complete the contract. 6, lights of City to Increase Wqrking-T3a s: If such Work is not completed within the time specified, the Engineer shall have the right to increase the Dumber of working days in the amount it may determine will best serve the interest of the City. If it desires to increase said number of working days, it shall have the further right to charge to Contractor and deduct from the final payment for the Work the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to Contractor and which accrue during the period of such extension, except that the cost of the final service and preparation of the final estimates shall not be included in such charges, provided, however, that no extension of time for the completion of such Work shall be allowed unless at least twenty (20) days prior to the time herein fixed for the corripletion thereof or the tune fixed by the Engineer for such completion as extended, Contractor shall have filed application for extension thereof, in writing with the Engineer, 7. Option of City to Terminate Agreement in Event of Failure to Complete Work. If Contractor shall have refused or failed to prosecute the Work or any severable part thereof, with such diligence as will insure its work, or any completion within the time specified, or any extensions thereof, or shall have failed to complete said work within such time, or if Contractor should be adjudged a bankrupt, or if Contractor should make a general assignment for the benefit of Contractor's creditors,or if a receiver should. be appointed in the event of Contractor's insolvency, or if Contractor, or any Subcontractor, should violate any of the provisions of this Agreement, the Engineer may give written notice to Contractor, and Contractor's sureties of its intention to ten-ninate this Agreement, such notice to contain the reasons for such intention to tenninate this Agreement, and unless within five (5) days after Page A-3 of 12 the serving of such notice, such violation shall cease and ;satisfactory arrangements for the correction thereof be made, this Agreement may, at the option of City, upon expiration of said time, cease and tenninate. 8. Ten-nination of Contract for Convenience. The City also reserves the Tight to terminate the contract at any time upon a determination by the Engineer in the Engineer's sole discretion that termination of the contract is in the best interest of the City. If the City elects to terminate the contract for convenience, the termination of the contract and the total compensation payable to the Contractor shall be governed by the following: (A) The City will issue the Contractor a written notice signed by the Engineer, specifying that the contract is terminated. Upon receipt of said written notice, the Contractor will be relieved of further responsibility for damage to the Work (excluding materials) as specified in Section 7- 1.16, "Contractor's Responsibility for the Work and Materials," of the Standard Specifications arid,except as otherwise directed in writing by the Engineer,the Contractor shall: (1) Stop all work under the contract except that specifically directed to be completed prior to acceptance. (2) Perform work the Engineer deems necessary to secure the project for termination. (3) Remove equipment and plant from the site of the Work. (4) Take such action as is necessary to protect materials from damage. (S) Notify all subcontractors and suppliers that the contract is being terminated and that their contracts or orders are not to be further performed unless otherwise authorized in writing by the Engineer. (6) Provide the Engineer with an inventory list of all materials previously produced, purchased or ordered from suppliers for use in the Work and not yet used in the Work, including its storage location, and such other information as the Engineer may request. (7) Dispose of materials not yet used in the Work as directed by the Engineer. It shall be the Contractor's responsibility to provide the City with good title to all materials purchased by the City hereunder, including materials for which partial payment has been made as provided in Section 9-1.06, "Partial Payments," of the Standard Specifications and with bills of sale or other documents of title for such materials. (8) ;Subject to the prior written approval of the Engineer; settle all outstanding liabilities and all claims arising out of subcontracts or orders for materials tenninated hereunder. To the extent directed by the Engineer, the Contractor shall assign to the City all the right, title and interest of the Contractor under subcontracts or orders for materials terminated hereunder. (9) furnish the Engineer with the documentation required to be furnished by the Contractor under the provisions of the contract including, on projects as to which Federal and State funds are involved, all documentation required under the Federal and State requirements included in the contract. (10) Take such other-actions as the Engineer may direct. (I3) Acceptance of the contract as hereinafter specified shall not relieve the Contractor of responsibility for damage to materials. The Contractor shall continue to be responsible for darnage to materials after issuance of the Notice of Termination,except as follows= (1) The Contractor's responsibility for damage to materials for which partial payment has been arcade as provided in Section 9-1.06, "Partial Payments," of the Standard Specifications and for materials furnished by the City for use in the Work and unused shall terminate when the Engineer certifies that such materials have been stored in the manner and at the locations the Engineer has directed. Page A-4 of 12 (2) The Contractor's responsibility for damage to materials purchased by the City subsequent to the issuance of the notice that the contract is to be terminated shall terminate when title and delivery of such materials has been taken by the City, (3) When the Engineer determines that the Contractor has completed the Work under the contract directed to be completed prior to termination and such other work as I'Day have been ordered to secure the project for termination, the Contractor will recommend that the Engineer fon-nally accept the contract to the extent perfoirned, and immediately upon and after such acceptance by the Engineer, the Contractor will not be required to perform any further Work thereon and shall be relieved of the Contractor's contractual responsibilities for injury to persons or property which occurs after the formal acceptance of the project by the Engineer. (C) Termination of the contract shall not relieve the surety of its obligation for any just claims arising out of the work performed. (D) The total compensation to be paid to the Contractor shall be determined by the Engineer on the basis of the following: (1) The reasonable cost to the Contractor, without profit, for all work perforined under the contract, including mobilization, demobilization and work done to secure the project for termination. In detennining the reasonable cost, deductions will be made for the cost of materials to be retained by the Contractor, amounts realized by the sale of materials, and for other appropriate Credits against the cost of the work. When,,in the opinion of the Engineer, the cost of a contract itern of work is excessively high due to costs incurred to remedy or replace defective or rejected work, the reasonable cost to be allowed will be the estimated reasonable cost of performing such work in compliance with the requirements of the plans and specifications and the excessive actual cost shall be disallowed. (2) A reasonable allowance for profit on the cost of the work perforined as determined under Subsection (1), provided the Contractor establishes to the satisfaction of the Engineer that it is reasonably probable that the Contractor would have made a. profit had the contract been completed and provided further, that the profit allowed shall in no event exceed four (4) percent of said cost. (3) The reasonable cost to the Contractor of handling material returned to the vendor, deliN ered to the City or otherwise disposed of as directed by the Engineer. (4) A reasonable allowance for the Contractor's administrative costs in deteri-nirling the amount payable due to tennination of the contract, (5) A reasonable credit to the City for defective or incomplete work not corrected. All records of the Contractor and subcontractors necessary to detennine compensation in accordance with the provisions of this Section 8 shall be open to inspection or audit by representatives of the City at all times after issuance of the Notice of Termination and for a period of three (3) years, thereafter, and such records shall be retained for that period. After acceptance of the Work by the Engineer, the Engineer may make payments on the basis of interim estimates pending issuance of the Final Estimate in accordance with Section 9-1.0713, "Final Payment and Claims," of the Standard Specifications when, in the Engineer's opinion, the amount thus paid,together with all amounts previously paid or allowed, will not result in total compensation in excess of that to which the Contractor will be entitled. All payments, including payment upon the Final Estimate shall be subject to deduction for prior payments and amounts, if any, to be kept or retained under the provisions of the contract. Page A-5 of 12 � If this contract is teronioutod by the City for cause, and it is later deteooine4 that the proper basis for termination for cause did not exist, the termination shall be deemed to have been atermination for convenience and governed by the tcnnoof this contract dealing with such teou6ou1io*. If the contract ioterminated 6y the City for cause o, convenience, such termination shall neither ,act aaa waiver by the City ot its right to require the Contractor to correct defects iothe Work performed hy the Contractor nor void any warranties applicable tothe Work psrC/omcd under the contract. The provisions of this Section Q shall bc included in all subcontracts. In the event of conflict between the termination provisions of this Section D and any other provision or the contract, this Section shall prevail. 9. Liquidated Damnes. If the overall deadline for project completion and/or any of the cuilcuimnu deadlines are not met and/or particular omotroot requirements are not met, daruageo will be sustained by the City, and it is and will he impracticable and extremely difGurU1 10 emco*xin and determine the actual damage nvhio6 the City will sustain. As such the Contract will be subject to the liquidated damages oanocd in the Special Provisions oz $5U0^OO per calendar day, whichever is greater, | and should the Contractor fall to meet any milestone deadline or overall project deadline orfail to meet| -^ / particular contract requirements uo narnu4inthe general provisions, � 10. Performance by Sureties. In the event of any termination oo herein before provided, City shall immediately give written notice dbereofnn Contractor and Contractor's sureties and the sureties uhuD have the right nmtake over uudperfouu the Agreement,provided,however, that if the sureties, within five (5) days after giving them said notice of termination, donot give the City written notice of their intention to take over the performance of the Agreement and du not mormueaue per[hrnzxosc thereof within five (5) days after notice to the City of such election, City may take over the Work and prosecute the same to completion by contract or by any u1bcr method it may dcnou advisable, for the account, and at the expense, of Conti-actor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City niay, without liability for so doing, take possession o[and utilize io completing the Work such materials', appliances, plant and other property belonging to Contractor as may hmou the site ofthe Work and necessary therefore, Should Contractor contract iomn individual capacity, the surety bond nbnl| contain the following provision: "Should Contractor contract in the [ootroohnr'a individual capacity, the death of the Contractor shall not relieve the surety of its ohligaboou.^` ]l' Care of the Work. Contractor has examined the site of the Work and io familiar with its topography and condition, location of property lines, easements, building lines and other physical factors, and limitations affecting the performance nf this Agreement, Contractor, at Contractor's expense, nhmD obtain any permission ncconoxzI for any operations conducted off the property nvvmed or controlled by City. Contractor shall be responsible for the proper care and protection of all ouo1eriula delivered and work performed until completion and final acceptance, 12. Payments to Contractor, (A) Monthly Pno&Texa Payments. On ur before the tenth day ofeach and every month during the progress of the Work following the Notice to Proceed, Coo1/uu1ur shall submit to the City Engineer u complete iteroized :tutenco1 of all labor and ruutorio|n incorporated into the iuuprmveroent during the preceding camuth and the portion of' the umnMruot vooz sppMooh]c thereto. On approval in writing vC said statement hy the Engineer, the payment request shall be submitted to the City Council for approval and within ten (10) days after approval thereof by the City Council, City *huU pay Contractor u Page/\-6 ^fI2 sum based upon ninety-five percent (95%) of the contract price apportionment of the labor and materials incorporated into the improvement under the contract during the month covered by said statement. (B) Notice of Completion and Final Payment. City shall file with the County Recorder's Office a Notice of Completion within ten (10) days after said improvements shall have been completed and accepted by City and written proof of said filling shall be delivered to the City Clerk. The remaining five percent (5%), less that amount withheld by City to correct defective work or otherwise complete the contract, shall be paid Contractor thirty (30) days after recordation of the notice of completion of the Work, on duly certified voucher therefore, after Contractor shall have furnished City with. a release of, or bond against all claims against City, if required by City, arising under and by virtue of this contract, and work done, and materials famished hereunder. In the event that there are any claims specifically excepted by Contractor, if permitted by City, froze the operation of the release, there shall be retained by City stated amounts to be set forth therein and approved by the Engineer, If there be any claims filed against the Work, City shall withhold final payment until the validity of such claims shall have been properly detennined and in this regard City is hereby empowered to pay directly to claimant the full amount of any valid claims. (C) Escrow Account for Retention. Pursuant to Chapter 13 (cornmencing with Section 4590) Division 5, Title I of the Government Code of the State of California, securities may be substituted for any moneys withheld by a public agency to ensure perfoiniance under a contract. At the request and expense of the Contractor, securities equivalent to the amount withheld shall be deposited with the City, or with a State or Federally Chartered Bank as the escrow agent, who shall release such securities to Contractor following the expiration of thirty(30) days from the date of filing of a Notice of Completion of the Work by City, unless such securities are to be withheld by City to correct defective work or otherwise complete the contract or are subject to withholding by City to satisfy stop notices or other calms and costs associated therewith. The request for substitution of securities to be deposited with the City, or with a State or Federally Chartered Bank as escrow agent, shall be submitted on the form entitled "Supplemental Agreement No, Substitution of Securities for Funds Withheld", which, when executed by the Contractor and the City, shall constitute a Supplemental Agreement forriling a part of this Contract. The City shall have thirty(30) days from receipt of any written request, properly completed and signed by the Contractor and, if applicable, accompanied by an escrow agreement in a form acceptable to City, to approve said request and effect the substitution. City shall not unreasonably withhold approval of said request. City shall deteii-nine the value of any security so deposited. Such Supplemental Agreement, see Attachment A, and any escrow agreement shall provide for the release of the securities to Contractor as set forth herein and shall also set forth the manner in which City may convert the securities or portions thereof to cash and apply the proceeds to the accomplishment of any purposes for which moneys may be withheld and utilized as described in this Contract, including but not limited to the completion of the contract, correction of defective work and the answering of any stop notice claims and litigation cost thereof. Securities eligible for investment under this Section shall be those listed in California Govermnent Code Section 16430 or bank or savings and loan certificates of deposit. The Contractor shall be the beneficial owner of any securities substituted for moneys withheld and shall receive any interest thereon. Page A-7 of 12 13. Contract Security. Concurrently with the execution hereof,Contractor shall furnish: (1) a surety bond in an amount equal to at least one hundred percent(100%) of the contract price as security for the faith performance of this contract; and (2) a separate surety bond in an amount equal to at least one hundred percent (100%) of the contract price as security for the payment of all persons performing labor and furnishing materials in connection with this contract in accordance with Section 4200-4208, inclusive, of the(joverninent Code of the State of California. Sureties on each of said bonds and the form thereof shall be issued by a California-admitted surety, satisfactory to the City and be approved by the Engineer. 14. Hold-Hanuless, Aueement and Contractor's Insurance. Contractor agrees to, and shall, hold City, its elective and appointive boards, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Contractor's or any of Subcontractor's operations under this Agreement, whether such operations be by Contractor or by any Subcontractor or Subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for, Contractor or any Subcontractor or Subcontractors. Contractor agrees to, and shall, defend City and its elective and appointive: boards, officers, agents, and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused,by reason of any of the aforesaid operations,provided as follows: (A) The City does not, and shall not waive any rights against Contractor which it may have by reason of the aforesaid hold-hanuless agreement, because of the acceptance by City, or the deposit with City by Contractor, of any of the insurance policies hereinafter described in Paragraph 15, "Insurance"hereof. (B) That the aforesaid hold-harmless agreement by Contractor shall apply to all damages and claims for damages of every kind suffered, or alleged to have been suffered, by reason of any of the aforesaid operations of Contractor or any Subcontractor, regardless of whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages. 15. Insurance. The Contractor shall take out and maintain during the life of this Agreement the following policies of insurance-, (A) )Alorkers' Compensation and Employers' Liability insurance providing full statutory coverage. In signing this Agreement, the Contractor makes the following certification, required by Section 1861 of the California Labor Code: "I am aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of the Code, and I will comply with such Provisions before commencing the performance of the work of this Agreement". (B) Comprehensive General Liability Insurance, Public Liability Insurance (includes premises, elevator - if applicable, products, completed operations,personal injury and contractual): (1) Bodily Injury Liability: Page A-8 of 12 $ S00,0O0 each person $l,000,00Q each occurrence (2) Property Damage Liability [includes }{CU (explosion, om0uDae, and underground damage); water damage and broad f000 property dmnugeor third party liahility]: S 5A0,000 per occurrence {C} (includes owned, noo'OWocd, and hired vcbioles): (]) Bodily Injury Lim6iIi1y� $ 500,080 per person $l,008,000 each occurrence (2) Property Damage Liability: $ 580,000 each occurrence U]l ltio agreed that the insurance required b7 Subsections B and C. ioumaggregate amount vfnot less than ONE MILLION FIVE HUNDRED THOUSAND DOLLARS ($1,500,800), shall he extended to include as additional insured the City of South San froouixuo` its elective and appointive boards,commissions, officers,agents,employees, with respect to operations perfonried by the Contractor, au described herein. Evidence o[this insurance described above shall be provided to City upon execution of this Agreement and shall 6eoub�jeotto approval ofthe City Attorney uo1n fbnn, amount and cum6oz. The policy of insurance shall also contain a provision indicating that such insurance shall not be reduced or cancelled except upon thirty (30) days written notice tu City. In addition, the following endorsement shall be made ao said policy ofinsurance: "The fhlloningareoaroeduo additional insured nn the above policies: The City ofSouth San Francisco,its elective and appointive boards, officers,agents, employees." "Notwithstanding any other provision in this policy, the iouoruouc afforded hereunder to the City,of South San Francisco sboD be primary as to any other insurance urrc'inxurumce covering mrurailuble to the City of South 0uo Francisco, and such other ionoruour or reinsurance u6u)| not 6e required to contribute !o any liability ocloss until and unless the approximate limit of liability afforded hereunder iooxbooet*d,° The above requirements that the City benamed as additional insured, that the insurance shall be primary tuamy other, and that the insurance not be cancelled without notice, shall be provided in the tbmm of an cn6urmuucot signed by an authorized rcproucotadiw: of the insurance company providing coverage,who shall declare his ur her authority to sign wu behalf nf the insurer. 16. Proof of Carriage of Insurance. Contractor shall furnish City through the Engineer, concurrently with the execution hereof, with satisfactory proof of carriage of the insurance required and that each carrier obaD give City at least thirty {30) days prior notice of the :aoocllutiou or change of any policy during the effective perimdof this contract. Further, I[the Contractors insurance policy includes u self-insured retention that cuaot he paid by nummed insured as u precondition of the imawrur`x liability, or which has the effect of providing that pu}ooeora of the self-insured retention by others, including additional 6omarcda or insurers 6o not serve to satisfy the self-ioauzul retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this Page A-9of12 agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self- insured retention required to be paid as a precondition to the insurer's liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible, 17. Emergency - Additional Time for Performance - Procurement of Materials. If, because of war or other declared national emergency, the Federal or State government restricts, regulates or controls the procurement and allocation of labor or materials, or both, and if solely because of said restrictions, regulation or controls, Contractor is, through no fault of Contractor, unable to perform this agreement,or the work is thereby suspended or delayed,any of the following steps may be taken: (A) City may, pursuant to resolution of the Council, grant Contractor additional time for the performance of this agreement, sufficient to compensate in time, for said delay or suspension. To qualify for such extension of time, Contractor, within ten (10) days of Contractor's discovering such inability to perform, shall notify the Engineer in writing thereof and give specific reason therefore; Engineer shall thereupon have Sixty(60) days within which to procure such needed materials or labor as is specified in this agreement, or penuit substitution, or provide for changes in Work in accordance with other provisions of this agreement, Substituted materials, or changes in the Work, or both, shall be ordered in writing by the Engineer and the concurrence of the Council shall not be necessary. All reasonable expenses of such procurement incurred by the Engineer shall be defrayed by Contractor;or (B) If such necessary materials or labor cannot be procured through legitimate channels within sixty (60) days after the filing of the aforesaid notice, either party may, upon thirty (30) days written notice to the other, terminate this agreement. In such event, the Contractor shall be compensated for all work executed upon a unit or upon a cost-plus ten percent(10%) basis, whichever is the lesser. Materials on the ground, in process of fabrication or in route Upon the date of notice of tennination specially ordered for the project and which cannot be utilized by Contractor, shall be compensated for by City at cost,including freight, provided that Contractor shall take all steps possible to minimize this obligation; or (C) City Council, by resolution, may suspend this agreement until the cause of inability is removed, but for a period not to exceed (30) days. If this agreement is not cancelled and the inability of Contractor to perform continues, without fault on Contractor's part, beyond the time during which the agreement may have been suspended, as herein provided, City Council may further suspend this agreement, or either party hereto may, without incurring any liability, elect to declare this agreement terminated upon the ground of impossibility of performance:. In the event City declares this agreement terminated, such declaration shall be authorized by the City Council, by resolution, and, Contractor shall be notified in writing thereof within five (5) days after the adoption. In such event, the Contractor shall be entitled to proportionate compensation at the agreement rate for such portion of the agreement as may have been performed; or (D) City may terminate this agreement, in which case Contractor shall be entitled to proportionate compensation at the agreement rate for such portion of the agreement as may have been performed. Such ten-nination shall be authorized by resolution of the Council. Notice thereof shall be forthwith given in writing to Contractor and this agreement shall be terminated upon receipt by Contractor of such notice. In the event of the termination in this subparagraph (D),none of the covenants, conditions or provisions hereof shall apply to the work not performed and City shall be liable to Contractor only for the proportionate compensation last herein mentioned, Page A-10 of 12 Is. Provisions Cumulative, The provisions of the Agreement are cumulative, and in addition to and no,t in limitation of, any other rights or remedies available to City.. 19. Notices. All notices shall be in writing and delivered in person or transmitted by certified mail,postage prepaid, Notices required to be given to City shall be addressed as follows: City Clerk City Mall,400 Grand Avenue South '.San Francisco,California 94080 Notices required to be,given to Contractor shall be addressed as follows: Notices required to be given sureties of Contractor shall be addressed as follows: Notices required to be given to the Escrow Agent of Contractor, if any, shall be addressed as follows; 20. Inte retation, As used herein, any gender includes each other gender, the singular included the plural and vice versa. Page A-11 of 12 IN WITNESS WHEREOF, two (2) identical counterparts of this Agreement, consisting of twelve (12) pages (being pages A-] through A-12), each of which counterparts shall for all purposes be deemed an original of said Agreement, have been duly executed by the parties hereinabove named, on the day and year first hereinabove written. ATTEST: CITY: City of South San Francisco, a municipal corporation ........ By: City Clerk Mike Futrell,City Manager CONTRACTOR: ATTEST: By: (If Contractor is an individual, so state. Contractor is a Corporation, a corporate seal City Attorney or signatures of the President or Vice President and the Secretary Treasurer are required), Page A-12 of 12 ATTACHMENT A ESCROW AGREEMENT FOR SECURITY DEPOSITS IN LIEU OF RETENTION THIS ESCROW AGREEMENT is made and entered into by and between the City of South San Francisco whose address is 400 Grand Ave., P.O. Box 711, South San Francisco, CA 94083, hereinafter referred to as "City" and -.-,whose address is hereinafter called "Contractor" and )whose address is hereinafter called "Escrow Agent." For the consideration hereinafter set forth,the Owner,Contractor, and Escrow Agent agree as follows; I. Pursuant to Section 22300 of the Public Conti-act Code of the State of California, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings required to be withheld by Owner pursuant to the Construction Contract entered into between the Owner and Contractor for in the amount of dollars ($_) dated _ (hereinafter referred to as the "Contract"). Alternately, on written request of the Contractor, the Owner shall make payments of the retention earnings directly to the Escrow Agent. When the Contractor deposits the securities, as a substitute for Contract earnings, the Escrow Agent shall notify the Owner within 10 days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Owner and Contractor. Securities shall be held in the narne of and shall designate the Contractor as the beneficial owner. 2, The Ovniej shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the form and amount specified above. 1 When the Owner makes payment of retentions earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor until the time that the escrow created under this contract is terminated. 'The Contractor may direct the investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Owner pays the Escrow Agent directly. 4. Contractor shall be responsible for paying all fees for the expenses incurred by Escrow Agent in administering the Escrow Account and all.expenses of the Owner. These expenses and payment terms shall be detertnined by the Owner,Contractor, and Escrow Agent. 5. The interest earned on the securities or the money market accounts held in escrow and all interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Owner. 6. Contractor shall have the right to withdraw all or any part of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from the Owner to the Escrow Agent that Owner consents to the withdrawal of the amount sought to be withdrawn by Contractor. 7. The Owner shall have a right to draw upon the securities in the event of default by the Contractor. Upon seven day's written notice to the Escrow Agent born the owner of the default, the Escrow Agent shall inu-nediately convert the securities to cash and shall distribute the cash as instructed by the Owner. Escrow Agreement-Page 1 of 3 & Upon receipt of written notification from the Owner certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed innnediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. 9. Escrow Agent shall rely on the written notifications frown. the Cher and the Contractor pursuant to Sections (5) to (S), inclusive, of this Agreement and the Owner and Contractor-shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. 10. The names of the persons who are authorized to give written notice or two receive written notice on behalf of the Owner and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures are as follows: Can behalf of Clwner: On behalf of Contractor: Title Title Name Name Signature _ Signature ......... ...... Address Address On behalf of Escrow Agent Title Name Signature .Address At the time the Escrow Agent is opened, the Owner and Contractor shall deliver to the Escrow Agent a fully executed counterpart ofthis Agreement. Escrow .Agreement-Page 2 of 3 IN WITNESS WHEREOF, the parties have executed this Agreement by their proper officers on the date first set forth above. Owner: Contractor; Title Title Marne Name Signature Signature Appro-ed as to form; Attest°: City Attorney ]date City Clerk Escrow Agreement-Page 3 of 3 GENERAL PROVISIONS TABLE OF CONTENTS SECTION Pale No. SECTION I - DEFINITION OF TERMS GP-1 ,SECTION 11 - PROPOSAL REQUIREME NTS GP-3 L General Information 1 Proposal Form 3. Bid Prices to Cover Entire Work 4. Examination of Plans, Specifications, Special Provisions and Site of Work S. Proposal Guaranty 6. Rejection of Proposals Containing Alterations,Erasures or Irregularities 7. Competency of Bidders—Proposal Requirements & Subcontractors SECTION III AWARD AND EXECUTION OF CONTRACT GP-5 1. Award of Contract 2. Return of Proposal Guaranties 3. Contract Bonds 4. Liability Insurance Required 5. Execution of Contract SECTION IV SCOPE OF WORK GP-6 I. Work to be Done 2. Safety Program 3. Removal of Obstructions 4. City Directed Change Orders 5, Alterations 6. Contractor Proposed Change Orders T All Change Orders 8, Change Order Pricing 9. Liability for Unapproved Change Orders 10. Change Order Disputes SECTION V CONTROL OF WORK GP-9 1, Authority of the Engineer 2. Confonnity with Plans 3. Coordination of Plans,Specifications and Special Provisions 4. Conflict between Parts of Contract Documents GP-i 5. Interpretation of Plans and Specifications 6. Superintendence 7. Lines and Grades S. Inspection 9, Removal of Defective and Unauthorized Work 10. Final Inspection 11, Record Drawings 12. Cost Reduction Incentive SECTION VI CONTROL OF MATERIALS GP-14 1. Source of Supply and Quality of Materials 2. Defective Materials 3. Samples and`Pests 4. General Materials and Substitutions Requirements 5. Storage or Disposal of Materials Outside of the Right of Way 6. Construction and Demolition Waste Management Plan (WMP) SECTION VII -LEGAL RELATIONS AND RESPONSIBILITY GP-17 1. Laws to be Observed I Trench Safety and Differing Subsurface Conditions 3. flours of Labor 4. Review of Per Diem Rates 5. Prevailing Wage 6. Registration of Contractors 7. Permits and Licenses 8, Patents 9. Contractor's Field Office 10. Utilities 11. Contractor Cooperation&Coordination 12. Public Convenience 13, Public Safety 14. Preservation of Property 15, Responsibility for Damage 16, Contractor's Indemnities 17. Contractor's Responsibility for Work 18, Portion of Work which may be Placed in Service 19. No Personal Liability 20. No Abrogation of Codes, Standards,Laws and Ordinances 21. Guaranty 22, General Safety Requirements 23. Fair Employment Provisions 24. Employment of Apprentices SECTION VIII - PROSECUTION AND PROGRESS GP-29 1. Subcontracting 2. Assignment 3. Time of Completion and Statement of Working Days GP-ii 4. Progress of the Work and Time of Completion 5. Character of Workers 6, Temporary Suspension of Work 7. No Contractor Damages for Avoidable Delays 8. Impact of[unavoidable Delays 9. No Contractor Damages for Contractor Caused Delay 10. No Contractor Damages for Delay Not Caused by the City, Delay Contemplated by the Parties, or other reasonable Delay 11, Delays Caused by the City.and/or its P'rivities 12. Delay Claims 13, Contractor Coordination.ofthe Work 14. Liquidated Damages 15. Suspension of Contract 16, Communications 17. Audit and ExaMination of records 18. Project Schedule SECTION IX-MEASUREMENT AND PAYMENT GP-37 1. Measurement of Quantities Progress Payments 3, Scope of Payment 4. Stop Notice Retention 5. Progress Payment Deductions 6. Acceptance of the Work 7. Final Payment 8. Travel &Subsistence Payments 9. Notice of Potential Claim 10. Clairns 11, False Claims Affidavit 12. Claims Processing and Review 13. Extra Work 14. Force.Account Work GP-iii SECTION I DEFINITION OF TERMS I. Bidder. Any individual, firm or corporation submitting a proposal for the work contemplated, acting directly or through a.duly authorized representative. 2. Calendar Day. A calendar day shall be any day including all legal holidays, Saturdays, and Sundays. 3. City. The City of South San Francisco, State of California, acting through the City Council, or other duly authorized agents. 4. Contract. The written agreement covering the performance of the work. The complete contract includes the Agreement for Public Improvements, the Notice Inviting Bids, the proposal, plans, specifications, contract bonds, and all supplemental agreements affecting the work, 5. Contractor, The person or persons, firm, partnership, corporation, or combination thereof, private or municipal, who have entered into the contract with the City, or the City's legal representative. 6. Engineer or Works Engineer. The duly appointed Engineer of the City of South San Francisco, acting directly or thr-ough properly authofized agents limited by the particular duties entrusted to thern, 7. inspector. The Inspector or Inspectors of the Engineer of the City of South San Francisco, limited by the particular duties entrusted to them. 8. Notice of Award, Written notice from the City to the successful lowest responsive and responsible bidder stating that upon compliance with all conti-act prerequisites and conditions,the City will execute the Contract with that bidder for the Work. 9, Notice to Proceed. Written notice from the City to the Contractor setting a date on which Contract time will start and authorizing the Contractor to proceed with the Work, 10. Plans, The drawings, or reproduction thereof, approved by the Engineer, pertaining to the work, and made a part of the contract, including City's Standard Drawings and Caltrans' Standard Plans dated May 2006. 11. Specifications. The information, directions, provisions, and requirements pertaining to the work, and contained herein including Special Provisions, Technical Specifications, General Provisions, those administrative subsections of Caltrans' Standard Specifications that are specifically referenced in this Contract and the non- administrative sections (Sections 1.0 through 9°5) of Caltrans' Standard Specifications dated May 2006. GP-1 of 48 11 Superintendent of Streets. The Engineer (Ex-officio Superintendent of Streets) of the City of South San Francisco, acting directly or through properly authorized agents. 13. The Work. The improvement, structure, project, or construction 'contemplated in the contract, the furnishing of all necessary labor, materials, tools and other devices, and the doing or perforn-ring by the Contractor of all things required to be done for the fulfillment of the contract as provided therein. 14. Working Day. A working day is defined as any day, except as follows: a. Satur•days, Sundays and Legal Holidays; b. Days on which the Contractor is prevented by inclement weather or conditions resulting immediately there from adverse to the current controlling operation or operations, as determined by the Engineer, from proceeding with at least 75 percent of the normal labor and equipment force engaged on such operation or operations for at least 60 percent of the total daily time being currently spent on the controlling operation or operations; c. Days on which the Contractor is prevented, by reason of requirements in the "Maintaining Traffic and Working Hours" section of' the Special Provisions, from working on the controlling operation or operations for at least 60 percent of the total daily time being currently spent on such controlling operation or operations; d. The current controlling operation or operations are defined to include any feature of the work (e.g., an operation or activity, or a settlement or curing period) considered at the time by the Engineer, which if delayed or prolonged, will delay the time of completion of the Work- or e. Legal Holidays are defined as those holidays observed by the City of South San Francisco as specified in the Current Memorandum of Understanding (MOU) between the City of South San Francisco and the American Federation of State, County and Municipal Employees, Local 1569, AFL-CIO, except that half holidays, in the MOU shall be considered full holidays under the Contract. GP-2 of 48 SECTION 11 PROPOSAL REQUIREMENTS 1. General Information. Sealed proposals, addressed to the City Council of the City of South San Francisco, will be received by the Purchasing Officer and will be publicly opened and read at the time and place stated in the Notice to Inviting Bids. Any bid may be withdrawn at any time prior to the hour fixed in the Notice Inviting Bids for the opening of the bids provided that a request in writing, executed by the bidder or the bidder's duly authorized representative, for the withdrawal of such shall not prejudice the fight of a bidder to file a new bid. 2. Proposal Form. "The City will furnish to each bidder a standard proposal form, which, when filled out and executed shall be submitted as their bid. Bids not presented on forms so furnished may, in the City's sole discretion, be deemed non- responsive and rejected on that basis. On all bid items for which bids are to be received on a unit price basis, the unit price for all items bid shall be shown, as well as the extended price (unit price multiplied by the number of units shown on the proposal form) for each bid item bid. In the case of any discrepancy between the extended price for any bid item bid, the unit price multiplied by the number of units shall prevail. In the event of any discrepancy between the total contract arnount and the sum of the extended prices of all items, the sum of the extended prices of all items shall prevail. The proposal shall set forth the item prices and totals, in clearly legible figures, in the respective spaces provided and shall be signed by the bidder, who shall fill out all blanks in the proposal form as therein required. The bidder shall also fill out all blanks in the proposal forms for any alternative to the project proposed by the City; failure to do so may, in the City's sole discretion, result in the proposal being considered non-responsive and rejected on that basis. 3, B1 Prices ices to Cover Entire Work. Payment for the work done under this Bid contract shall be as set forth on the Bidder's Sheet for Proposal. Bidder shall include the entire cost of the work conternplated in the contract, as required by the plans, drawings, specifications, Special Provisions, and General Provisions: and, furthermore, it shall be understood and agreed that the cost of all labor, materials and equipment and all incidentals expense of whatever nature necessary to complete the Work is included. Any part of the Work which is not mentioned in the Specifications, and/or in the Special Provisions, but is shown on the plans, or any part not shown on the plans but described in the Specifications and/or in the Special Provisions, or any part not shown in the plans nor described in the Specifications or Special Provisions, but which is reasonably implied by either, of is necessary or usual in the performance of such work, shall be performed as incidental work, without extra cost to the City, by the Contractor as i f fully described in the Specifications or Special Provisions and shown on the plans, and the expense thereof shall be included in the total bid. GP-3 of 48 4. Examination of Plans, Specifications Special Provisions, and Site of Work. The bidder is required to examine carefully the site of and the proposal, plans, specifications, and correct forms for the work contemplated, and it will be assumed that the bidder has investigated and is satisfied as to the conditions to be encountered, as to the character, quality, and quantities of work to be performed and materials to be furnished, and as to the requirements of the specifications, the special provisions and the contract. it is mutually agreed that submission of a. proposal shall be considered prima facie evidence that the bidder has made such examination. The City will not be responsible for any loss or unanticipated cost incurred by the Contractor as a result of the Contractor's failure to estimate in advance all conditions pertaining to the Work, including underground facilities and sewers that may have to be relocated. 5. Proposal GuarapV. All bids shall be presented under scaled cover and shall be accompanied by cash, cashier's check, certified check, or bidder's bond, made payable to the City of South San Francisco, for the amount equal to at least ten per cent (I 0�%) of the amount of said bid, and no bid shall be considered unless such cash, cashier's check, or certified check, or bidder's bond is enclosed therewith, G. Reiection of Proposals Containing Alterations., Erasures, or Irregularities. Proposals may be rejected if they show any alterations of form, additions not called for, conditional or alternative bids, incomplete bids, erasures, or irregularities of any kind. T Competency of Bidders - Proposal Requirements. Before entering into a contract, the bidder shall satisfy the City that he possesses adequate equipment and has the necessary experience and forces to perform the Work in the manner set forth in these specifications. He shall be a licensed Contractor in the State of California. A City of South San Francisco license will be required before the contract for the Work is signed by the City, 8. Subcontractors. Proposals shall comply with the Subletting and Subcontracting Fair Practices Act (Government Code Section 4100 et seq). Pursuant to Section 4104 of said Act, bidder shall in the bid set forth: a. The name and the location of the place of business of each sub-contractor who will perform work or labor or render service to the prime Conti-actor in or about the construction of the Work or improvement in an amount in excess of one-half of one percent of the prime Contractor's total bid. b. The portion of the Work, which will be done by each such subcontractor under this Act. The prime Contractor shall list only one subcontractor for each of such portions as is defined by the prime Contractor in the Contractor's bid. GP-4 of 48 SECTION III AWARD AND EXECUTION OF CONTRACT I Award of Contract, The City reserves the right to reject any and all proposals. The award of the contract, if it is awarded, will be to the lowest responsible bidder, and will be made within sixty (60) calendar days after the opening of the proposal. All bids will be compared on the basis of the Engineer's cost estimate. 2. Return of Proposal Guaranties, Within ten (10) working days after the execution of the Contract, the City will return the proposal guaranties accompanying the proposals that are not to be considered in making the award. All other proposal guaranties will be held until the contract has been finally executed, after which they will be returned to the respective bidders whose proposals they accompany. 3. Contract Bonds. The bidder to whom the contract is awarded shall execute a performance bond satisfactory to the City for the Faithful performance of the Work in a sum equal to the amount of the contract, A. payment bond shall be furnished securing the claims of persons einployed by the Contractor and the claims of persons who furnish materials, supplies or equipment used or consumed by the Contractor in the performance of the Work. This bond shall be in a sum equal to the arnount of the contract. 4. Liabililyjnsurance Required. See Section 14, "Hold-Harmless Agreement and Contractor's Insurance" and Section 15, "Insurance" of the Agreement for Public Services. 5. Execution of Contract. The contract shall be signed by the successful bidder and returned, together with the contract bonds, within ten (10) working days, after the bidder has received the Notice of Award. Failure to execute the contract and file acceptable bonds within the specified time shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. GP-5 of 48 SECTION Ira' SCOPE OF FORK 1. Work to be Done. The work to be done consists of furnishing all labor, matenals, methods or processes, implements, tools, and machinery, except as otherwise specified, which are required to construct and put into complete order for use the Work described in the Special.Provisions, and to leave the grounds in a neat condition, 2. Safety Program. a. The Contractor shall confonn to the rules and regulations pertaining to safety established by the California Division of Industrial. Safety and to all requirements as set forth in the State of California Construction Safety Orders (CAI.,/OSHA), and in particular, Article 3 of these Safety Orders, regarding Accident Prevention and safety meetings. Within ten (10) working days following Notice of./Award the Contractor must submit to the City a copy of the Contractor's Safety Plan. b. full compensation for furnishing all labor, materials, toads and equipment and doing all the work involved in this item of work as above specified, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. 3. Removal of Obstructions. The Contract shall remove and dispose of all structures, debris, or other obstructions of any character to the Work to be performed. 4. City Directed Change Or,lers. The City may, at any time during the progress of the Work, direct any amendments to the Work or any of the Contract Documents. Such amendments shall in no way void. the Contract, but will be applied to amend the Contract Price, if such amendments affect the Contract Price, the Project schedule (if such amendments affect the Project schedule), or any other provision of the Contract Documents based on a fair and reasonable valuation of the amendment in accordance with this Section IV, 5, Alterations, Subject to the provisions of Section 4-1.03, "Changes" of tile Standard Specifications and unless otherwise specified, the City reserves the right to increase or decrease the quantity of any itern or portion of the Work or to omit portions of the Work as may be deemed necessary or advisable by the Engineer, also to make such alterations or deviations, additions to, or omissions from the plans and Specifications, as may be determined during the progress of the Work to be necessary and advisable for the property completion thereof. Upon written order of the Engineer, the Contractor shall proceed with the Work as increased, decreased or altered. When alterations in plans or quantities of work are ordered and performed, the Contractor shall accept payment in full at the contract unit price for the actual quantities of work done. No allowance will be made in any case for loss of anticipated profits. Increased or decreased work involving supplemental agreements will be paid for as stipulated in such agreements. GP-6 of 48 6. Contractor Proposed Change Orders. The Contractor shall submit proposed changes to the Engineer no later than 15 days before the proposed change. 7. All Change Orders. All change orders or amendments to Contract Documents must be approved by the Engineer prior to the change or amendment and must be evidenced by a writing executed by authorized representatives of the City and the Contractor. All change order proposals roust specify any change in the Project schedule, or any project milestone, including, but not limited to, the Time for Completion, under the change order. It is understood that change orders that do not specify a change in any milestone, including, but not limited to, the Time for Completion, may be accomplished by the Time for Completion then in effect. 8, Change Order Pricing. Change order pricing for all change orders, whether additive, deductive, or both,will be governed by the following. a. Prices specified in the Contract Documents will apply to cost impacts involving items for which the Contract Documents specify prices.. b. Cost impacts involving items for which the Contract Documents do not specify prices, charges or credits will be paid on a time and materials basis in accordance with the following. All costs listed in this Subsection (b) will constitute incidentals, full compensation for which will be deemed included in the markups for labor, material, and equipment specified below, and no additional compensation for such cost impacts will be allowed: (1) Labor. The Contractor will be paid the cost of labor- for workers (including foremen when authorized by the Engineer), used in the actual and direct performance of the work,plus a fixed mark up of 15% of such labor cost. (2) Materials, Materials costs will be the direct costs for materials actually exhausted, consumed, or entering permanently into the 'Work, plus a fixed markup of 15'%0 of such direct materials costs. (3) Equipment.. All equipment used will. be paid in accordance with the established rates for equipment rental in the Contract Documents, plus a fixed markup of 1 Ol% of each such equipment rates. (4) Subcontractors. The Contractor will be paid the cost of Subcontractors plus a fixed markup of 5'%0. The additional 5% markup shall reimburse the Contractor for additional administrative costs, and no other additional payment will be made by reason of performance of the extra work by a Subcontractor. q. Liability For Unapproved Change Carders. The Contractor will be solely responsible for any and all losses, costs, or liabilities of any kind incurred by the Contractor, any subcontractor engaged in the per fonnance of the Work, any party supplying material or equipment for the Work or any third party that is/are retained pursuant to Contractor- proposed change orders prior to issuance of an approved change order executed according;to the terms of this Section W, The Contractor shall have all of the obligations and the City GP-7 of 48 will have all of the rights and remedies that are specified in these Contract Documents concerning any work or resulting losses, costs, or liabilities pursuant to an unapproved Contractor-proposed change order. M Change Order Disputes. a, Disputed City-Directed Change Orders. If the Contractor disputes a City_ directed change order following a reasonable effort by the City and the Contractor to resolve the dispute, including, at a minimum, a imeeting between appropriate representatives of the Contractor and the City, the Contractor must commence performing the Work consistent with the disputed change order within five (5) working days of the last meeting between representatives of the Contractor and the City to resolve the dispute, or within the time specified in the disputed City-directed change order, whichever is later. In perforining:work consistent with a disputed City-directed change order pursuant to this provision, the Contractor will have all of the Contractor's rights concerning claims pursuant to the Contract Documents and applicable law. b. Disputed Contractor-Proposed Change Orders. If the City disputes a Contractor-proposed change order, the City and the Contractor will use reasonable efforts to resolve the dispute including, at a minimum, holding a meeting between appropriate representatives of the Contractor and the City. Regardless of and throughout any such efforts to resolve the dispute, the Contractor must continue perforn-ling the Work irrespective of and unmodified by the disputed change order. In continuing to perform the Work, the Contractor will retain all of the Contractor's rights under contract or law pertaining to resolution of disputes and protests between contracting parties. Disputes between the City and the Contractor concerning any Contractor-proposed change order or other amendment do not excuse the Contractor's obligation to perform the Work in accordance with the Contract Documents excluding such Contractor-proposed change order or other amendment by the Time for Completion or waive any other Project milestone or other requirement of the Contract Documents. GP-8 of"48 SECTION V CONTROL OF WORK I Authority of the Engineer, The Engineer shall decide any and all questions which may arise as to the quality or acceptability of materials famished and work performed, and as to the manner of performance and rate of progress of the Work; all questions which may arise as to the interpretation of the plans and specifications; all questions as to the acceptable fulfillment of the contract on the part of the Contractor; and all questions as to compensation. The Engineer's decision shall be final and he shall have authority to enforce and make effective such decisions and orders as the Contractor fails to carry out promptly. 2. Conformity with Plans. Finished surfaces in all cases shall conform to the lines, grades, cross-sections and dimensions shown on the approved plans, 3. Coordination of These specifications, general provisions, special provisions, standard specifications, plans and all supplementary documents are essential parts of the contract, and a requirement occurring in one is as binding as though occurring in all. They are intended to be cooperative,to describe and to provide for a complete work. 4. Conflict Between Parts of Contract Documents, If there is any conflict between the requirements of the various contract documents, the following shall be the order of precedence(in order from highest precedence to lowest):. a. Agreement for Public Improvements b. Special Provisions C. Technical Specifications d, Drawings e, City Standard Drawings f. General Provisions 9. Standard Specifications h. Standard Plans 5, Intei-Dretation of Plans and Specifications, Should it appear that the work to be done or any matter relative thereto are not sufficiently detailed or explained in the these specifications, plans, and the Special Provisions, the Contractor shall apply to the Engineer well in advance of the time a clarification is needed for such further explanations as may be necessary and shall conform to those explanations as part of the contract, so far as may be consistent with the original specifications. The Engineer's decision regarding definitions or clarifications will be final. In the event of any discrepancy between any drawing and the figures written thereon,the figures shall be taken as correct. 6. Superintendence, Contractor shall give personal superintendence to the work on said improvements or have a competent foreman or superintendent, satisfactory to the Engineer, at the work site at all times during progress with authority to act for the GP-9 of 48 Engineer, Whenever the Contractor is not present on any part of the work site where it may be desired to give direction, orders will be given by the Engineer, wliich shall be received and obeyed by the Superintendent or foremen in charge of the particular work in reference to which the orders are given, 7. Lines and Grades. Conti-actor shall be responsible to set lines and grades for construction. 8. Inspection. The Engineer shall at all times have access to the Work during construction, and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials used and employed in the Work. Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the Engineer so that proper inspection may be provided. Any work done in the absence of the Engineer will be subject to rejection. The inspection of the Work shall not relieve the Contractor of any of the Contractor's obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected, notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the Engineer and accepted or estimated for payment. 9. Removal of Defective and Unauthorized Work. All work, which has been rejected, shall be remedied, or removed and replaced by the Contractor in an acceptable rnariner and no compensation will be allowed for such removal or replacement. Any work done beyond the lines and grades shown on the plans or established.by the Engineer, or any extra work done without written authority will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense, Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to cause defective work to be removed, and to deduct the costs from any monies due or to becorne due the Contractor 10. Final Inspection. Whenever the Work provided and contemplated-by the contract shall have been satisfactorily completed and the final cleaning up performed, the Engineer will make the final inspection. 11, Record Drqwings, The Contractor shall keep and maintain, on the job site, one record set of Drawings. On these, the Contractor shall mark all project conditions, locations, configurations, and any other changes or deviations which may vary from the ,details represented on the original Contract Documents, including buried or concealed construction and utility features which are revealed during the course of construction.. Special attention shall be given to recording the horizontal and vertical location of all buried utilities that differ from the locations indicated in the Contract Documents. Said record drawings shall be supplemented by any detailed sketches as necessary or directed to indicate, fully, the work as actually constructed. These master record drawings of the contractor's representation of as built conditions, including all revisions made necessary by addenda, change orders, and the like shall be maintained up to date during the progress of the work. GP-10 of 48 In the case of those drawings which depict the detailed requirements for equipment to be assembled and wired in the factory, such as motor control centers and the like, the record drawing shall be updated by indicating those portions which are superseded by change order drawings or final shop drawings, and by including appropriate reference information describing the change orders by number and the shop drawings by manufacturer, drawing, and revision numbers. Record drawings shall be accessible to the Engineer at all. times during the construction period and shall be delivered to the Engineer upon completion of the Work. Final payment will not be approved until the Contractor prepared record drawings have been delivered to the Engineer. Said up to date record drawings may be in the forrn of a set of prints with carefully plotted information as approved by the Engineer. Upon substantial completion of the Work and prior to final acceptance, the Contractor shall complete and deliver a complete set of record drawings to the Engineer for transmittal to the City, conforming to the construction records of the Contractor. This set of drawings shall consist of corrected plans showing the reported location of the Work. The information submitted by the Contractor and incorporated by the Engineer into the Record Drawings will be assumed to be reliable, and the Engineer will not be responsible for the accuracy of such information, nor for any errors or omissions that may appear on the Record Drawings as a result. 1. . Cost Reduction Incentive, The Contractor may submit to the Engineer, in writing, proposals for modifying the plans, specifications or other requirements of the contract for the sole purpose of reducing the total cost of construction. The cost reduction proposal shall not impair, in any manner, the essential functions or characteristics of the project, including but not limited to service life, economy of operation, case of maintenance, desired appearance, or design and safety standards. 'Cost reduction proposals shall contain the following information: a. A description of both the existing contract requirements for performing the Work and the proposed changes, b, An itemization of the contract requirements that must be changed if the proposal is adopted, C. A detailed estimate of the cost of performing the Work under the existing contract and under the proposed change. The estimates of cost shall be determined in the same manner as if the Work were to be paid for on a force account basis as provided in Section IX-14, "Force Account Work" of these General Provisions. d. A statement of the time within which the Engineer must make a decision thereon. e. The contract items of work affected by the proposed changes, including any quantity variation attributable thereto, The provisions of this section shall not be construed to require the Engineer to consider any cost reduction proposal which may be submitted hereunder, proposed GP-1 I of 48 changes in basic design of a bridge or of a pavement type will not be considered as an acceptable cost reduction proposal; the City will not be liable to the Contractor for failure to accept or act upon any cost reduction proposal submitted pursuant to this section nor for any delays to the Work attributable to any such proposal. If a cost reduction proposal is similar to a change in the plans or specifications, under consideration by the City for the project, at the time said proposal is submitted or if such a proposal is based upon or similar to Standard Specifications, standard special provisions of Standard Plans adopted by the City after the advertisement for the contract, the Engineer will not accept such proposal and the City reserves the right to make such changes without compensation to the Contractor under the provisions of this section. The Contractor shall continue to perform the Work in accordance with the requirements of the contract until an executed change order, incorporating the cost reduction proposal has been issued. If an executed change order has not been issued by the date upon which the Conti-actor's cost reduction proposal specifies that a decision thereon should be made, or such. other date as the Contractor may subsequently have specified ir1 writing, such cost reduction proposal shall be deemed rejected. The Engineer shall be the sole judge of the acceptability of a cost reduction proposal and of the estimated net savings in construction costs from the adoption of all or any part of such proposal. In determining the estimated net savings, the right is reserved to disregard the contract bid prices if in the judgment of the Engineer, such prices do not represent a fair measure of the value of work to be performed or to be deleted. The City reserves the right where it deems such action appropriate, to require the Contractor to pay in part or whole the City's costs of investigating a cost reduction proposal submitted by the Contractor as a condition of considering such proposal. Where such a condition is imposed, the Contractor shall indicate acceptance thereof in writing, and such acceptance shall constitute full authority for the City to deduct amounts payable to the City from any monies due or that may become due to the Contractor under the contract. If the Contractor's cost reduction proposal is accepted in whole or in pail, such acceptance will be by a contract change order, which shall specifically state that it is executed pursuant to this section. Such change order shall incorporate the changes in the plans and specifications which are necessary to permit the cost reduction proposal or such part of it as has been accepted to be put into effect, and shall include any conditions upon which the City's approval thereof is based if the approval of the City is conditional. The change order shall also set forth the estimated net savings in construction costs attributable to the cost reduction proposal effectuated by the change order, and shall further provide that the Contractor be paid 50 percent of said estimated net savings amount. The Contractor's cost of preparing the cost reduction incentive proposal and the City's cost of investigating a cost reduction incentive proposal, including any portion thereof paid by the Contractor, shall be excluded from consideration in determining the estimated net savings in construction costs. Acceptance of the cost reduction proposal and performance of the work thereunder shall not extend the time of completion of the contract unless specifically provided for in the contract change order authorizing the use of the cost reduction GP-12 of 48 proposal, The amount specified to be paid to the Contractor in the change order which effectuates a cost reduction proposal shall constitute full compensation to the Contractor for the cost reduction proposal and the performance of the work thereof pursuant to the said change order. The City expressly reserves the right to adopt a cost reduction proposal for general use on contracts administered by the City when it determines that said proposal is suitable for application to other contrasts. When an accepted cost reduction proposal is adopted for general use, only the Contractor who first submitted such proposal will be eligible for compensation pursuant to this section, and in that case, only as to those contracts awarded to the Contractor prior to submission of the accepted cost reduction proposal and as to which such cost reduction proposal is also submitted and accepted,. Cost reduction proposals identical or similar to previously submitted proposals will be eligible for consideration and compensation under the provisions of this section if the identical or similar previously submitted proposals were not adopted for general application to other contracts administered by the City. Subject to the provisions contained herein, the City or any other public agency shall have the right to use all or any part of any submitted cost reduction proposal without obligation or compensation of any kind to the Contractor. This Section V-12, "Cost Reduction Incentive" of these General Provisions shall apply only to contracts awarded to the lowest bidder pursuant to competitive bidding. GP-13 of 48 SECTION VI CONTROL OF MATERIALS, I. Source of Supply and Quality of Materials. At the option of the Engineer the source of supply of each of the material shall be approved by the Engineer before the delivery is started. Only materials conforming to the requirements of these specifications and approved by the Engineer shall be used in the Work. Materials used for the Work.must be new and of the quality specified. When not particularly specified, materials must be the best of their class or kind. The Contractor must, if required, submit satisfactory evidence as to the kind and quality of materials. All materials proposed for use may be inspected or tested at any time during their preparation and use. After trial, if it is found that source of supply which have been approved so not furnish a uniform product or if the product from any source proves unacceptable at any time the Contractor shall furnish approved material from other approved sources. No material, which, after approval, has in any way become urift for use shall be used in the Work. 2. Defective Materials. All materials Dot conforrning to the requirements of these specifications shall be considered as defective and all such materials, whether in place or not, shall be rejected. They shall be removed immediately from the site of the Work, unless otherwise permitted by the Engineer. No rejected material, the defects of which have been subsequently corrected, shall be used until approval in writing has been given by the Engineer. Upon failure on the part of the Contractor to comply forthwith with any order of the Engineer made under the provisions of this article, the Engineer shall have authority to remove and replace defective material and to deduct the cost of removal and replacement from any monies due or to become due the Contractor. 3. Samples and Tests. representative preliminary samples of the character and quality prescribed shall be submitted by the Contractor or producer of all materials to be used in the Work, for testing or examination as desired by the Engineer. All tests of materials furnished by the Contractor shall be made in accordance with commonly recognized standards of national organizations and such special methods and tests as are prescribed in these specifications. The Contractor shall furnish such samples of materials as are requested by the Engineer, without charge. Samples will be secured and tested whenever necessary to determine the quality of material. Contractor shall notify City a sufficient time in advance of the manufacture or production of materials to be supplied by Contractor under this contract in order that City may arrange for mill or factory inspection and testing of same. Any materials shipped by Contractor from factory prior to having satisfactorily passed such testing and inspection by City's representatives, or prior to the receipt of notice from such.representative that such testing and inspection will not be required, shall not be incorporated on the job of said improvements. Contractor shall also furnish City, in triplicate, certified copies of all required factory and mill.test reports. GP-14 of 48 4. General Materials and Substitutions Requirements. a. If the Contractor submitted complete infoririation to the Engineer for products proposed as equals in accordance with the bid package, and the City approved such products proposed as equals in writing, the Contractor may either furnish such products approved as equals, or furnish the products listed by manufacturer name, brand or model number in the Technical Specifications or Project Plans. The City retains the right, in its sole discretion, to accept or reject any other proposed substitution. To be considered, proposals concerning products proposed as equals must include sufficient information to permit the City to determine whether the products proposed as equals will satisfy the same performance requirements as products listed by manufacturer's name, brand or model number. Such performance requirements may include, but are not limited to, size, strength, function, appearance, ease of maintenance and repair, and useful life requirements. If the City does not accept a proposed substitution, the Contractor must furnish the product specified in the Technical Specifications or Project Plans for the Contract Price, regardless of whether the product is specified by inanufacturer"s name, brand or model number, or otherwise, b�. During the perfon-nance of the Work, all materials must be neatly stacked, properly protected from the weather and other adverse impacts, and placed so as to avoid interference with efficient progress of the Work, with other activities of the City, or with the use of existing City facilities by the public. Materials may not be stored in a manner that presents a safety hazard or a nuisance. All materials must be delivered so as to ensure efficient and uninterrupted progress of the Work. Materials must be stored so as to cause no obstruction and so as to prevent overloading of any portion of the Work. The Contractor will be responsible for damage or loss of materials delivered to and/or stored at the work site due to weather or other causes. The Contractor must promptly remove from the work site all materials rejected by the City or its representatives as failing to conform to the requirements of the Contract Documents, whether such non-conforming materials have been incorporated in the Work or not. If the City or its representatives so direct, the Contractor must promptly replace and re-execute work performed by the Contractor and order the replacement and re-execution of work performed by subcontractors using non-confortning materials with materials that satisfy the requirements of the Contract Documents without expense to the City. The Contractor will bear the expense of making good all work destroyed or damaged by such removal. The Conti-actor will have all of the obligations and the City will have all of the rights and remedies that are specified in this section concerning any failure by the Contractor to .replace or re-execute work using non-conforming materials, and/or to make good all work destroyed or damaged by such removal and/or execution. c. If any portion of the Work done or material furnished under this Contract proves defective and not in accordance with the Project Plans or Technical Specifications, and if the Engineer determines that the imperfection of the same is not of sufficient magnitude or importance to make the Work dangerous or undesirable, or if the removal of such work, is impractical or will create conditions which are dangerous or undesirable, the Engineer may retain such work, instead of requiring the imperfect work to be removed and reconstructed, and make such deductions therefore in the payments due or to become due the Contractor as are just and reasonable. GP-15 of 48 5. Stara e or Disposal of Material Outside the Public Right of Way, if the Contractor stores or disposes of material outside of the public right of way, and the City has not made arrangement for storage or disposal of the material, the Contractor shall .first obtain written authorization from the property owner on whose property the storage or disposal is to be made and the Contractor shall file with the Engineer the authorization or a certified copy thereof together with a written release from the property owner absolving the City from any and all responsibility in connection with the storage or disposal of material on the property. Contractor must also obtain any necessary permits, licenses and environmental clearances to store or dispose of material on private property. Before any material is stored or disposed of on private property, the Contractor shall ,obtain written permission from the Engineer to store or dispose of the material at the location designated in the authorization. If the Contractor elects to store or dispose of material subject to this paragraph, the Contractor shall pay those charges that are provided for in the agreement between the owner and the Contractor, Where the City has made arrangements with owners of land in the vicinity of a project for the storage or disposal of materials on a private owner's property, the arrangements are made solely for the purpose of providing all Bidders an equal opportunity to store or dispose of the materials on the Property, Bidders or Contractors may, upon written request, inspect the documents evidencing the arrangements between property owners and the City. The Contractor may, if the Contractor so elects, exercise any rights that have been obtained. If the Contractor elects to store or dispose of materials on private property subject to this paragraph, the use of the private property shall be subject to the terms, conditions, and limitations of the arrangement made between the property owner and the City and the Contractor shall pay those charges that are provided for in the arrangement made by the City with the property owner, and deductions will be made frorn any moneys due or that may become due the Contractor tinder the Contract sufficient to cover the charges for the material stored or disposed of. When material is stored or disposed of as provided in this section, and the storage or disposal location is visible fi-orn public view, the Contractor shall store or dispose of the material in. a neat and uniform manner to the satisfaction of the Engineer. Material storage as used in this section also includes vehicle parking. 6. Construction and Demolition Waste Management Plan (WMP). The City is mandated by the State of California to divert 50% of all solid waste from landfills either by reusing or recycling. To help meet this goal, a City ordinance requires completion of a solid waste management plan (WMP) for covered building and public works projects, The WMP shall identify how at least 50% on non-Inert project waste materials and 100% inert materials (501100) will be diverted from the landfill through recycling, reuse and/or salvage. The Contractor shall submit and implement an approved WMP as indicated in the Special Provisions. GP-16 of 48 SECTION V11 LEGAL RELATIONS AND RESPONSIBILITY I Laws to be Observed, The Contractor shall stay fully infori-ned of all existing and feature State and National Laws, including all provisions of Section 1.776 of the Labor Code, and Municipal Ordinances and Regulations which in any manner affect those engaged or employed in the Work, or the materials used in the Work, or which in any way affect the conduct of the Work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. He shall at all times observe and comply with all such existing and future laws, ordinances, regulations, orders and decrees. In addition, the Contractor shall meet all standards of the State and Federal Govermnent for air, water and noise pollution. The Contractor shall inform the City of the location of the records enumerated under Section 1776(a) of the Labor Code, including the street address, city and county, and shall within five working days, provide a notice of a change of location and address. If there is any conflict between these specification and provisions and any laws or regulations, the matter shall be brought to the attention of the Engineer immediately. All necessary permits or approvals from any involved agency shall be obtained by the Contractor before any work is started. 2. Trench Safety and Differing Subsurface Conditions. a. Excavation More Than Four Feet Deep,. In accordance with California Public Contract Code Section 7104, if work involves excavation more than four feet deep, the Contractor must promptly notify the City in writing before any of the following are disturbed: any material that the Contractor believes may be material that is hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class 1, Class 11, or Class III disposal site in accordance with provisions of existing law; any subsurface or latent physical conditions at the work site different from those indicated; or any unknown physical conditions at the work site of any unusual nature, different materially frorn those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, The City will promptly investigate any such conditions for which notice is given. If the City finds that the conditions do materially differ, or do involve hazardous waste, and cause a decrease, or increase in the cost or time of performance of the Work, the City will issue a change order pursuant to Section I4'-4, "City Directed Change Orders" of these General Provisions If a dispute arises between the City and the Contractor concerning whether the conditions materially differ, or involve hazardous waste, or cause a decrease or increase in the cost or time of perfortriance, the Contractor shall not be excused from any completion date provided in the Contract Documents, but shall proceed with all work to be performed under the Contract Documents. The Contractor shall retain any and all rights provided either by contract or by law pertaining to the resolution of disputes and protests between the contracting parties. b. Excavation of Five Feet or More. In accordance with California Labor Code Section 67(15, if this contract exceeds $25,000 In cost and involves excavation five or GP-17 of 48 more feet deep must submit for the City's acceptance, prior to excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches. No trench safety plan shall be less effective than that required by the Construction Safety Orders and other mandates of the Division of Occupational Safety and Health. If the plan varies from the shoring system standards established by the Construction Safety Orders and other applicable mandates, it must be prepared by a licensed civil or structural engineer. Acceptance by the City of the detailed trench safety plans submitted is only an acknowledgement of the submission and does not constitute review or approval of the designs, design assumptions, criteria, completeness, applicability to areas of intended use, or implementation of the trench safety plans, which are solely the responsibility of the Contractor and the Contractor's Licensed Engineer. 3. Hours of Labor. The Contractor shall forfeit, as penalty to the City of South. San Francisco, fifty dollars ($50) for each worker employed in the execution of the contract by the Contractor or by any subcontractor under the Contractor for each calendar day during which any worker is required or permitted to labor more than eight (8) hours in violation of the provisions of the Labor Code and in particular, Section 1810 to Section 1816 thereof, inclusive. 4. Review of Per Diem Rates, Reference is hereby made to the prevailing rate of per them wages adopted by the City Council of the City of South Sall Francisco in accordance with Labor Code Section 1770 et seq., copies of which are on file in the office of the City Clerk and the Office of the Engineer, City Hall, South San Francisco, California, and available for inspection by interested parties. If a petition is filed in accordance with Labor Code Section 1773,4 calling for a review of the rates as so established, the closing rate for the submission of bids or the start of work, whichever is applicable shall be extended as in such section provided, and the determination made by the Director of Industrial Relations shall be deemed included in the contract for this Work. 5, P. I. ailing Wage. The wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this contract, shall be not less than the prevailing rate for a day's work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director's authority under Labor Code Section 1770 et seq. Each laborer, worker or mechanic employed by a Contractor or by any subcontractor shall receive the wages herein provided for, The Contractor shall pay fifty dollars ($50) per day penalty for each worker paid less than prevailing rate of per them wages. The difference between the prevailing rate of per them wages and the wage paid to each worker shall be paid by the Contractor to each worker, The City will not recognize any claim for additional compensation because of the payment by the Contractor for any wage rate in excess of prevailing wage rate set forth in the contract. The possibility of wage increases is one of the elements to be considered by the Contractor in determining the Contractor's bid, and will not, under any circumstances be considered as the basis of a claim against the City on the contract. GP-18 of 48 NOTE: An error on the part of an awarding body does not relieve the Contractor from responsibility for payment of the prevailing rate of per them wages and penalties pursuant to Labor Code Sections 1770-1775. a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 17732, the Contractor shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpaid wages actually earned by the laborers and mechanics so, engaged. b. Payroll Records. The Contractor and subcontractor's attention is directed to the provisions of Section 1776, of the California Labor Code and to the requirements therein pertaining to the keeping, availability, and filing of accurate payroll records of all journeymen, apprentices, and other workers performing work under this Contract, The Contractor agrees to comply with the requirements of said section. Prior to each monthly progress payment, the Contractor shall deliver to the Engineer copies of certified payrolls of its and all subcontractors' forces performing work at the job site (or sites established primarily for the work) for labor compliance purposes and extra/force account considerations. Such records shall be kept current on an effective day or period basis and in a form acceptable to the Engineer. At a minimum, the form shall include the following information: 1, Employee identification by name 2. Employee's address and social security number I Employee's craft and classification (iii accordance with Director of Industrial Relations' wage determinations) 4, Employee's actual per diem wages, (in compliance with Part 1, Notice to Contractors, and this Section,GC-20,Laws and Regulations) 5. Employee's subsistence and travel allowance(as applicable) 16. Employee's straight time and overtime hours worked each day and week 7. Iternized deductions made Strom employee's wages 8. Apprentices and ratio of apprentices to journeymen 9. Contractor's or subcontractor's firm or company name, date or period for which applicable wage rates and allowances are effective, and the employer's signature. GP-19 of 48 The certified payroll records shall be kept on foznis provided by the Division of Labor Standards Enforcement, or shall contain the same information as the forms provided by the Division in addition to the above-listed information. For all projects awarded on or after April 1, 20:15, in addition to submitting the certified payrolls to the Engineer, the Contractor shall furnish the records specified in California Labor Code section 1776, including but not limited to the certified payrolls, directly to the Labor Commissioner. The Contractor shall furnish the records specified in California Labor Code section 1776 to the Labor Commissioner for all projects, whether such project is a new project awarded on or after, or an ongoing project awarded prior to, January 1,2016. Each payroll record shall contain or be verified by a written declaration that is made under penalty of perjury stating: (1) The information contained in the payroll is true and correct; and(2)The employer has complied with the requirements of California Labor Code Sections 1771, 1811, and 1815 for any work performed by its employees on the Project. The Contractor ;shall inform the City of the location of the above payroll records, including the street address, city and county, and shall,within five (5) working days, provide a notice of change of location and address. The contractor or subcontractor has 10 days in which to comply subsequent to receipt of a written notice requesting certified payroll records. In the event that the contractor or subcontractor fails to comply within the 10-day period, he or she shall, as a penalty to the District, forfeit one hundred dollars (.$100) for each calendar day, or portion thereof, for each worker, until strict compliance is effectuated. Upon the request of the Division of Labor Standards Enforcement, these penalties shall be withheld from progress payments then due. The Contractor is not subject to a penalty assessment pursuant to this section due to the failure of a subcontractor to comply with this section. Any copy of records made available for inspection as copies and furnished upon request to the public or any public agency by the District shall be marked or obliterated in accordance with California Labor Code section 1776. Compliance with the above provisions of this Part 11, and.California.Labor Code, Section 1776, shall be the responsibility of the Contractor or subcontractor. Pursuant to Labor Code Section 1771.4, Contractor is required to post all job site notices prescribed by law or regulation that include,but are not limited to,payment of prevailing wages. 6. Registration of Contractors. Before submitting bids, Contractors shall be licensed in accordance with the provisions of the State Contractors' License Law, Business and Professions Code 7000 et seq. as amended. Pursuant to California Labor Code section. 17711 by execution below, the Bidder and its Subcontractors certify that they are registered and qualified to perform public work pursuant to section 1725.5 of the California.Labor Code subject to limited legal exceptions. GP-20 of 48 7. Pen-nits and Licenses, The Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of the Work. A City of South San Francisco Business License will be required before the contract is signed by the City. 8. Patents, The Contractor shall assurne all costs arising from the use of patented materials, equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save harmless the City of South San Francisco, the City Council, and the Engineer, and their duly authorized representatives, for all suits at law, or actions of every nature for, or on account of the use of any patented materials, equipment, services, or processes. 9. Contractor's Field Office. a. The Conti-actor and the Contractor's subcontractors, may maintain such office facilities within.or near the project area as are necessary for the proper conduct of the Work, The locations for such office facilities shall be as approved by the Engineer. Before or during this contract, should the Contractor desire a new or different location, he shall apply to the Engineer for the change of locations and shall only make such change with the approval of the Engineer. All office facilities used by the Contractor and/or its privities must conform to all applicable codes, ordinances and regulations. The cost of such facilities will be paid from and included in the Contract Price. b, The City and its authorized representatives will at all reasonable times white such office facilities are located at the work- site (including, at a minimum, all times during which the Work is performed),have access to any such work site office facilities used by the Contractor and/or its privities, With respect to the right of access of the City and its authorized representatives, neither the Contractor nor its privities will have a reasonable expectation of privacy pursuant to the Fourth Amendment to the United States Constitution or other applicable law concerning such Work site office facilities used by the Contractor and/or its privities. Without exception, any and all Project related materials located at such work site facilities will be deemed at all. times to be City property subject to inspection and copying by the City and its authorized representatives at all reasonable times while such facilities are located at the work site (including at a minimum, all times during which the Work is performed). Any interference by the Contractor or its privities with the City's rights of access and/or ownership pursuant to this section will constitute a material breach of the Contract subject to any and all remedies available pursuant to the Contract Documents and at law and equity, 10. Utilities. The location in public streets of pipes, conduits and other underground facilities of the public utility companies and of the City may not be indicated on the plans. Bidders are instructed to apply to companies and City departments concerned. for any information, which may be needed concerning utilities. IL Contractor Cooperation & Coordination. The Contractor is advised that other construction and maintenance work may be perforrned by local utility companies, the City and/or their contractors in the project area concurrent with work performed under this contract. The Contractor shall be responsible for contacting the various utility companies to ascertain the times when such other work will occur and schedule the Contractor's work in GP-21 of 48 coordination with others such that no delays shall occur in the Contractor's work schedule or in others who are working in the area. Failure on the Contractor's pail to coordinate with others in overlapping work areas shall not be the basis for any claims against the City, additional compensation nor extension of time. In addition, the Contractor shall be solely responsible for any claims made against the City by others as a result of the Contractor's lack of coordination. This shall include businesses and homeowner's adjacent to the project area. 12, Public Convenience. The Contractor shall so conduct the Contractor's operations as to cause the least possible obstruction and inconvenience to public traffic. Where work is being done on existing public roads or streets, and no detours are available, all traffic shall be permitted to pass through the work with as little inconvenience and delay as possible, Due to the need to accommodate and minimize inconvenience to the public, unless expressly specified or approved in writing by the Engineer, no road closures will be permitted. Public vehicular and pedestrian traffic must be allowed to travel through the work area with an absolute minimum of interruption or impedance unless otherwise provided for in. writing by the Engineer. The Contractor must make provisions for the safe passage of pedestrians around the area of work at all times. Residents affected by construction must be provided passage and access through the work area to the maximum extent possible. Where existing driveways occur on the street, the Contractor must make provisions for the trench crossings at these points, either by means of backfill or by temporary bridges acceptable to the Engineer, so that the length of shut-down of any driveway is kept to a minimum, In addition, all driveways must be accessible at the beginning and end of each work day, and no driveway or property access may be closed for more than four (4) hours during the work day. Access to driveways, houses, and buildings along the road or street must be as convenient as possible and well maintained, and all temporary crossings must be maintained in good condition, To minimize the need for and complexity of detours, not more than one crossing or street intersection or road may be closed at any one time without the written approval of the Engineer. Except as otherwise provided by the Engineer, the stockpiling or storing of material in City streets or right of ways shall be prohibited. Where the Contractor has received Engineer approval, all such materials must be piled or stored in a manner that will not obstruct sidewalks, driveways, or pedestrian crossings. Gutters and drainage channels must be kept clear and unobstructed at all times. All such materials shall be stored and handled in a manner that protects City streets, sidewalks, or other facilities from damage. Throughout performance of the Work, the Contractor must construct and adequately maintain suitable and safe crossings over trenches and such detours as are necessary to care for the public and private traffic at all times including Saturdays, Sundays, and holidays. GP-22 of 48 Water shall be applied as directed the Engineer for the prevention of dust nuisance in connection with public convenience. No additional payment will be made for applying water for the prevention of dust, The Contractor shall be responsible for keeping all emergency services, including the South San Francisco police and fire departments informed of obstructions to, or detours around any public or private roads caused by reasons of the Contractor's operations, The Contractor must comply with the State of California, Department of Transportation Manual of warning signs, lights, and devices for use and performance of work within the job site. No work shall begin before 7:00 a.m, nor continue after 5:00 p.m. Monday through Friday, nor shall any work be done on weekends or holidays observed by the City of South San Francisco unless approved in advance by the Engineer. The fact that rain or other causes, either within or beyond the control of the Conti-actor, may force suspension or delay of the Work, shall in no way relieve the Contractor of Contractor's responsibility of maintaining traffic through the Project and providing local access as specified in this section. The Contractor must, at all times, keep on the job such materials, force, and equipment as may be necessary to keep roads, streets and driveways within the Project open to traffic and in good repair and shall expedite the passage of such traffic, using such force and equipment as may be necessary. Full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in this item of work as above specified, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. 13. Public Safetv. The Contractor shall furnish, erect, and maintain such fences, barriers, lights, signs and watchmen as are necessary to give adequate warning to the public at all times that the Work is under construction and of any dangerous conditions to be encountered as a result thereof At any and all points along the Work where the nature of construction operations in progress and the Contractor's equipment and machinery in use is of such character as to endanger passing traffic, the Contractor shall provide such lights and signs and station such guards as may appear necessary to prevent accidents and avoid damage or injury to passing traffic. No material or equipment shall be stored where it will interfere with the free and safe passage of public traffic. At the end of each days work and at other times when construction operations are suspended for any reason, the Contractor shall remove all equipment and other obstructions from that portion of the roadway open for use by public traffic. Full compensation for furnishing all labor, materials, tools and equipment and doing all the work involved in this item of work as above specified, shall be considered as included in the prices paid for the various contract items of work and no additional compensation will be made therefore. 'Should the Contractor fail to provide public safety GP-23 of 4 8 as specified, or if-., in the opinion of the Engineer, the warning devices furnished by the Contractor are not adequate, the City may place any warning lights or barricades or take any necessary action to protect or warn the public of any dangerous condition connected with the Contractor's operations and the Contractor will be liable to the City for, and the City may deduct from amounts due or that may become due the Contractor under the Contract, all costs incurred including,but not limited to, administrative costs. Nothing in this section will be construed to impose tort liability on the City or Engineer. 14. Preservation of Property. Roadside trees and shrubbery that are not to be removed., and pole lines, fences, signs, survey markers and monuments, buildings and structures, conduits, pipe lines under or above ground, sewer and water lines, all street facilities, and any other improvements or facilities within or adjacent to the Work shall be protected from injury or damage. If such objects are injured or damaged by reason of the Contractor's operations, they shall be replaced or restored, at the Contractor's expense, to a condition as good as when the Contractor entered upon the Work, or as good as required by the specifications accompanying the contract, if any such objects are a part of the Work being perforrned under the contract. The Contractor shall examine all bridges, culverts and other structures on or near the Work, over which he will move the Contractor's materials and equipment, and before using them, the Contractor shall properly strengthen such structures, where necessary. The Contractor will be held responsible for any and all injury or damage to such structures caused by reason of the Contractor's operations, The fact that any such pipe or other underground facility is not shown upon the plans shall not relieve the Contractor of the Contractor's responsibility under this article. It shall be the Contractors' responsibility to ascertain the existence of any underground improvements or facilities, which may be subject to damage by reason of the Contractor's operations, and if it is necessary to lower such underground facility or encase it to protect it from damage, it shall be done at the Contractor's expense. 15. Responsibility for Damage. The City of South San Francisco, the City Council, or the Engineer shall not be answerable or accountable in any manner, for any loss or damage that may happen to the Work or any part thereof; or for any of the materials or other things used or employed in performing the Work; or for injury or damage to any person or persons, either workmen or the public; or for damage to adjoining property from any cause whatsoever during the progress of the Work or at any t1irie before final acceptance. 16. Contractor's Indemnities. a. The Contractor will take all responsibility for the Work, and will bear all losses and damages directly or indirectly resulting to the Contractor, any subcontractors engaged in performance of the Work, the City, its officials, officers, employees, agents, volunteers and consultants, and to third parties on account of the performance or character of the Work, unforeseen difficulties, accidents, or occurrences of other causes predicated on active or passive negligence of the Contractor or of any subcontractor GP-24 of 48 engaged in performance of the Work. To the fullest extent permitted by law the Contractor will indemnify, defend and hold harmless the City, its officials, officers, employees, agents, volunteers and consultants from and against any or all loss, liability, expense, claims, costs (including costs of defense), suits, and damages of every kind, nature and description (including, but not limited to, penalties resulting from exposure to hazards in violation of the California Labor Code) directly or indirectly arising from the performance of the Work ("Claims"). b. The Contractor will indemnify, defend and hold harmless the City, the City's officials, officers, employees, volunteers, agents and the Engineer and Architect for all liability on account of any patent rights, copyrights, trade names or other intellectual property rights that may apply to the Contractor's performance of the Work. The Contractor will pay all royalties or other charges as a result of intellectual property rights that may apply to methods, types of construction, processes, materials, or equipment used in the performance of the Work, and will furnish written assurance satisfactory to the City that any such charges have been paid. C. The Contractor assumes all liability for any accident or accidents resulting to any person or property as a result of inadequate protective devices for the prevention of accidents in connection with the performance of the Work. The Contractor will indemnify, defend, and hold harmless the City and its officials, officers, employees, agents, volunteers and consultants from such liability. d. Approval of the Contractor's certificates of insurance and/or endorsements does not relieve the Contractor of liability under this provision. The Contractor will defend, with legal counsel reasonably acceptable to the City, any action or actions filed in connection with any Claims and will pay all related costs and expenses, including attorney's fees incurred, The Contractor will promptly pay any judgment rendered against the City, its officials, officers, employees, agents, volunteers or consultants for any Claims. In the event the City, its officials, officers, employees, agents, volunteers or consultants is made a. party to any action or proceeding filed or prosecuted against Contractor for any Claims, Contractor agrees to pay the City, its officials, officers, employees, agents, volunteers and consultants any and all costs and expenses incurred in such action or proceeding, including but not limited to, reasonable attorneys' fees, C. The Contractor will indemnify, hold harmless and defend with legal counsel reasonably acceptable to the City the City and its officials, officers, employees, agents and volunteers frorn and against any and all Claims related to damage to surface or underground facilities caused by the Contractor or any of the Contractor's privitics or agents. f, The Contractor will indemnify, hold harmless and defend with legal counsel reasonably acceptable to the City the City and its officials, officers, employees, agents and volunteers, from and against any and all Claims, including any fines or other penalties, related to failure of the Contractor and/or privities or agents of the Contractor to comply with the requirements of the State of California's National Pollution Discharge Elimination System General Permit, or to IMPIMCDt the project specific Ston-n Water Pollution Protection Plan (SWPPP) in accordance with the Technical Specifications. The City may withhold from amounts due or that may become due the Contractor under this GP-25 of 48 Contract amounts that equal or are estimated to equal the amount of Claims, including fines, resulting from failure of the Contractor and/or privities or agents of the Contractor to comply with the requirements of the General Permit, or to implement the SWPPP in accordance with the Technical Specifications. 91 In accordance with California Civil Code Section 2782(a), nothing in the Conti-act will be construed to indemnify the City for its sole negligence, willful misconduct, or for defects in design furnished by City. In accordance with California Civil Code Section 2782(b), nothing in the Contract will be construed to impose on the Contractor or to relieve the City from liability for the City's active negligence, By execution of the Contract Documents the Contractor acknowledges and agrees that the Contractor has read and understands the insurance and indermaity requirements of the Contract Documents, which are material elements of consideration, IT Contractor's Responsibility for Work. Except as provided above, until the formal acceptance of"the Work by the City, the Contractor shall have the charge and care thereof and shall bear the risk of injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuild, repair, restore, and make good all injuries or damages to any portion of the Work occasioned by any of the above caused before its completion and acceptance and shall bear the expense thereof, except for such injuries or damages as are directly and proximately caused by acts of the Federal Government or the public enemy. In case of suspension of work from any cause whatever, the Contractor shall be responsible for the work as above specified and he shall also be responsible for all materials delivered to the Work including materials for which he has received partial payment, 18. Portion of the Work, Which May be Placed,in Service. If desired by the City of South San Francisco, the Work, as completed, may be placed in service. The Contractor shall give proper access to the Work for this purpose but such use and operations shall not constitute an acceptance of the Work, and the Contractor shall remain liable for defects due to faulty construction, material andi'Or workmanship. M No Personal Liability. Neither the Engineer nor the City Council, nor any other officer or authorized assistant or agent shall be personally responsible for any liability arising under the contract, 20. No Abrogation of Codes, Standards, Laws and Ordinances. The Contractor and all subcontractors engaged in the perforinance of the Work must conform to the following specific rules and regulations as well as all other laws, ordinances, rules and regulations that apply to the Work. Nothing in the General Provisions or plans is to be construed to pennit Work not conforming to these codes: National Electrical Safety Code,U. S. Department of Commerce National Board of Fire Underwriters' Regulations GP-26 of 48 California Building Standards Code as adopted by the City Manual of Accident prevention in Construction, latest edition, published by A,G,C, of America Industrial Accident Commission's Safety Orders, State of California Regulations of the State Fire Marshall (Title 19, California Code of Regulations) and Applicable Local Fire Safety Codes Labor Code of the State of California - Division 2, Dart 7, Public Works and Public Agencies. 21. Guaranty, Unless specified otherwise, the Contractor guarantees all of the Work for one year from the date the City accepts the Work. Upon receiving written notice of a need for repairs which are directly attributable to defective materials or workmanship the Contractor must rnake good any defects arising or discovered in any pant of the Work by diligently con nencing the necessary repairs within seven (7) days from the date of notice from the City. If the Contractor fails to make good any defects in the Work in accordance with this provision, in addition to any other available remedy under the Contract or at law or equity, the City may make good or have made good such defects in the Work and deduct the cost from amounts that may be due or become due the Contractor, and/or call on the Contractor's maintenance bond for the cost of making good such defects and for the City's reasonable legal costs, if any, of recovering against the bond. The Contractor will remain responsible for repairing any Work found to be defective regardless of when such defect is discovered by the City. Contractor shall file with City a corporate surety bond in the sum of ten percent (10%) of the final contract price (including all change orders for extra work securing this guaranty to City, and said bond shall be filed at the time final acceptance of this Work is requested, Should Contractor not file said bond as required herein, City may retain the remaining ten percent (10%) of the contract price as a cash bond for said one (1) year period. Should Contractor within a reasonable time after demand made fail to make.any and all such repairs or replacements, City may undertake said repairs and replacements with its own forces or through contract, and Contractor shall reiniburse City for any and all costs of said repairs or replacements, even if said cost exceed the principal sum of the corporate surety bond which is security for the performance of this guaranty, Contractor and the Contractor's surety may provide the aforegoing guaranty in the original performance bond. 22. General Safety Requirements. a, In accordance with generally accepted construction practices and applicable law, the Contractor will be solely and completely responsible for conditions of the work site, including safety of all persons and property during performance of the Work. This requirement will apply continuously and not be limited to normal working hours. For purposes of California Labor Code Section 6400 and related provisions of lave, the Contractor and the Contractor's pr vities and any other entities engaged in the performance of the Work will be "employers" responsible for furnishing employment and a place of employment that is safe and healthful for the employees, if any, of such entities GI'-27 of 48 engaged in the performance of the Work. Neither the City nor its officials, officers, employees, agents, volunteers or consultants will be "employers" pursuant to California Labor Code Section 6400 and related provisions of law with respect to the Contractor, the Contractor's privities or other entities engaged in the performance of the Work. The Contractor agrees that neither the City, the Architect, nor the Engineer will be responsible for having hazards corrected and/or removed at the work site. The Conti-actor agrees that the City will not be responsible for taking steps to protect the Contra'ctor's employees from such hazards, or for instructing the Contractor's employees to recognize such hazards or to avoid the associated dangers. The Contractor agrees with respect to the Work and the Work site, the Contractor will be responsible for not creating hazards and for having hazards corrected and/or removed, for taking appropriate, feasible steps to protect the Contractor's employees from such hazards and that the Contractor has instructed and/or will instruct its employees to recognize such hazards and how to avoid the associated dangers. b. Review and inspection by the City, the Engineer, the Architect or Engineer, and/or other representatives of the City of the Contractor's performance of the Work will not constitute review of the adequacy of the Contractor's safety measures in, on, or near the Work site. Such reviews and inspections do not relieve the Contractor of any of the Contractor's obligations under the Contract Documents and applicable law to ensure that the work site is maintained and the Work is performed in a safe manner. C. The Contractor will. be solely responsible for the implementation and maintenance of safety programs to ensure that the work site is maintained and the Work is performed in a safe manner in accordance with the Contract Documents and applicable law, d. The Contractor must furnish and place proper guards and systems for the prevention of accidents, including, but not limited to, those systems required pursuant to Title 8, Section 1670 and following of the California Code of Regulations concerning safety belts and nets, The Contractor must provide and maintain any other necessary systems or devices required to secure safety of life or property at the work site in accordance with accepted standards of the industry and applicable law. The Contractor must maintain during all night hours sufficient lights to prevent accident or damage to life or property. 23. Fair Employment Provision. The Contractor will not willIbIly discriminate against any employee or applicant for employment because of race, color, religion, ancestry or national origin. The Contractor will take affirmative action to insure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, ancestry or national origin.. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising; layoff or termination: rates of pay or other fornis of compensation-, and selection for training, including apprenticeship, The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the awarding authority setting forth the provisions of this fair employment practices section. 24. EmployLnent of Apprentices. Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1968) and 1777.8 of the Labor Code GP-28 of 48 concerning the employment of apprentices by the Contractor or any subcontractor under the Contractor. Section 1777.5, as amended, required the Contractor or subcontractor employing tradesmen in any apprenticeable occupation to apply to the joint apprenticeship committee nearest the site of the public works project and which administers the apprenticeship program in that trade for a certificate of approval. The certificate will also fix the ratio of apprentices to journeymen that will be used in the performance of the contract. The ratio of apprentices to journeymen in such cases shall not be less than one to five (1:5) except: a. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of fifteen percent (15%) in the ninety (90) days prior to the request for certificate, or b. When the number of apprentices in training in the area exceeds a ratio of one to five (1:5), or C. When the trade can show that it is replacing at least 1130 of its membership through apprenticeship training on an annual basis statewide or locally, or d. When the Contractor provided evidence that he employs registered apprentices on all of the Contractor's contracts on an annual average of not less than one apprentice to eight journeymen. The Contractor is required to make contributions to funds established for the adi-ninistration of apprenticeship programs if he employs registered apprentices or journeymen ourneymen in any apprenticeable trade on such contracts and if other Contractors on the public works site are making such contributions. The Contractor and any subcontractor under the Contractor shall comply with the requirements of Sections 1777,5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices. GP-29 of 48 SECTION Vill PROSECUTION AND PROGRESS I. Subcontracting, No subcontractor will be recognized as such, and all persons engaged in the Work or construction will be considered as employees of the Contractor and he will be held responsible for their work, which shall be subject to the provisions of the contract and specifications. The Contractor shall give the Contractors personal attention to the fulfillment of the contract and shall keep the Work under the Contractor's control. The Contractor shall be responsible for the Contractor's own and subcontractors' compliance with Section 1777.5 of the Labor Code regarding apprenticeable occupations as in said section provided. Any Contractor willfully failing to comply with this section shall be denied the right to bid on a public works contract for a period of six (6) months from the date the determination is made. Where a portion of the Work, which has been subcontracted by the Contractor, has not been prosecuted in a manner satisfactory to the Engineer, the subcontractor shall. be removed immediately on the requisition of the Engineer and shall not again be employed on the Work. 2. Assignment, The performance of the contract may not be assigned except upon the written consent of the City. Consent will not be given to any proposed assignment, which would relieve the original, Contractor or the Contractor's surety of their responsibilities under the contract nor will the City consent to any assignment of a part of the Work under the contract.. 3. Time of Completion and Statement of Working lays. The Contractor shall complete all or any designated portion of the work called for under the contract in all parts and requirements within the time set forth in the Special. Provisions. Determination that a day is a non-working day by reason of inclement weather or conditions resulting immediately therefrom, shall be made by the Engineer. The Engineer will furnish the Contractor a monthly statement showing the number of working days charged to the contract for the preceding month, the number of working days of time extensions being considered or approved, the number of working days originally specified for the completion of the contract and the number of working days remaining to complete the contract and the extended date for completion thereof, except when working days are not being charged in conformance with the provisions in Section VIII-6, "Temporary Suspension of Work" of these General Provisions. The Contractor will be allowed 15 days from the issuance of the monthly statement of working days in which to file a written protest setting forth in what respects the Contractor differs from the Engineer, otherwise, the decision of the Engineer shall be deemed to have been accepted by the Contractor as correct. GPJO of 48 4. Progress of the Work and Time of Completion. The Contractor shall begin work upon receipt of the Notice to Proceed. However, the Contractor shall begin work no earlier than the twenty-first (2 1 st) day after the commencement of the advertisement of the call for bids. 5. Character of Workers, If any subcontractor or person employed by the Contractor shall fail or refuse to carry out the direction of the Engineer or shall appear to the Engineer to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately on the requisition of the Engineer, and such person shall not again be employed on the Work. 6. Tern Dorary Suspension of Work. The Engineer shall have the authority to suspend the Work wholly or in part, for such period as he may seem necessary, due to unsuitable weather, or to such other conditions as are considered unfavorable prosecution of the Work, or for such time as he may seem necessary due to the failure on. the part of the Contractor to carry out orders given, or to perform any provision of the contract. The Contractor shall immediately comply with the written order of the Engineer to suspend work wholly or in part. The Work shall be resurned when conditions .are favorable and methods are corrected, as ordered or approved in writing by the Engineer. 7, No Contractor Dama Les for Avoidable Delays. All delays in the Work that might have been avoided by the exercise of care, prudence, foresight and diligence of the Contractor or any privities of the Contractor will be deemed avoidable delays. Delays in the Work that may be unavoidable but that do not necessarily affect other portions of the Work or prevent completion of all work within the Time for Completion, including, but not limited to, reasonable delays in Engineer approval of shop drawings, placement of construction survey stakes, measurements and inspection, and such interruption as may occur in prosecution of the Work due to reasonable interference of other contractors of the City, will be deemed avoidable delays, The Contractor will not be awarded a change in the Project schedule, the Time for Completion, and/or additional compensation in excess of the contract price for avoidable delays. S. Impact of Unavoidable DgIUL All delays in the Work that result from causes beyond the control of the Contractor and that the Contractor could. not have avoided through exercise of care, prudence, foresight, and diligence will be deemed unavoidable delays. Orders issued by the City changing the amount of Work to be done, the quantity of materials to be furnished, or the manner in which the Work is to be prosecuted, and unforeseen delays in the prosecution of the Work due to causes beyond the Contractor's control, such as strikes, lockouts, labor disturbances, fires, epidenlics, earthquakes, acts of God, neglect by utility owners or other contractors that are not privities of the Contractor will be deemed unavoidable delays to the extent they actually delay the Contractor's completion of the Work, The Contractor will be awarded a change in the Project schedule, the Time for Completion, and/or additional compensation in excess of the contract price for unavoidable delays to the extent such delays actually delay the Contractors completion of the Work and/or result in the Contractor incurring additional costs in excess of the Contract Price, Delay due to normal, adverse weather conditions will not be deemed unavoidable. The Contractor should understand that normal adverse weather conditions are to be GP-31 of 48 expected and plan the Work accordingly, such as by incorporating into the Project Schedule normal, adverse weather delays as reflected in historical data of the National Oceanic and Atmospheric Administration of the U.S. Department of Commerce for the weather station most applicable to the Work site. 9. No Contractor Damages for Contractor Caused Delay. Contractor will not be entitled to additional compensation for extended field or home office overhead, field supervision, costs of capital, interest, escalation charges, acceleration costs or other impacts for any delays to the extent such delays are caused by the failure of the Contractor or any subcontractor or other entity engaged in performance of the Work to perform the Work in accordance with the Contract Documents. 10, No Contractor Damages for Delay Not Caused By the City, Dela Contemplated b � the Parties,_or other Reasonable Delay. Contractor will not be entitled to damages for delay to the Work caused by the following, which the City and Contractor agree will be deemed for purposes of California Public Conti-act Code Section 7102 either not caused by the City, and/or within the contemplation of the City and the Contractor, and/or reasonable under the circumstances: Exercise of the City's right to sequence the Work in a manner that would avoid disruption to the City and other contractors based on: the failure of the Contractor or any subcontractor or other entity engaged in the perfon-nance of the Work to perform the Work in accordance with the Conti-act Documents, enforcement by the City or any other governmental agency of competent Jurisdiction of any government act or regulation, or enforcement by the City of any provisions of the Contract. Requests for clarification or information concerning the Contract Documents or proposed change orders or modifications to the Contract Documents, including extensive and/or numerous such requests for clarification or information or proposed change orders or modifications, provided such clarifications or infon-nation or proposed change orders or modifications are processed by the City or its representatives in a reasonable time in accordance with the Contract Documents. IL Delays Caused by the City and/or Its Privitics. Delay caused by the City and/or other contractors of the City will be deemed unavoidable delays. Either the City or the Contractor may propose a change in the Time for Completion and/or the Project Schedule for delays that are purported to be caused by the City and/or its privities and that are not reasonable under the circumstances involved and/or that are not within the contemplation of the City and the Contractor. Such proposed changes in the Time for Completion will constitute a change order proposal. The City and the Contractor may agree upon pricing for the cost impacts, if any, resulting from such delays. If such, pricing and/or changes in the Time for Completion and/or the Project Schedule are in anticipation of impacts that may, but have not yet occurred, the City will be obligated to pay the Contractor for such anticipated impacts or to award a change in the Time for Completion and/or the Project Schedule in accordance with the Contract and any applicable, approved change orders only to the extent the Contractor actually incurs the anticipated impacts. Notwithstanding anything to the contrary, the City and the Contractor may agree to a daily rate or cap or Jump sum that will apply to the cost impacts, if any, resulting from delay purportedly caused by the City and/or its privities GP-32 of 48 subject to this provision. However, if such daily rate or cap or lump sum is in anticipation of cost impacts that have not yet occurred, the City will be obligated to pay such daily rate or cap or lump sum only to the extent the Contractor actually incurs such cost impacts. 11 Delay Claims. Whenever the Contractor claims a delay for which the Time for Completion may be extended, the Contractor must request an extension of time within five (5) days of the start of the delay. The request must be in writing and describe in.detail the cause for the delay, and, if possible, the foreseeable extent of the delay, 13, Contractor Coordination of the Work. The City reserves the right to do other work in connection with or in the vicinity of the Project by contract or otherwise, and Contractor must at all times conduct the Work so as to impose no hardship on the City, others engaged in the Work or other contractors working at the work site. The Contractor will adjust, correct and coordinate the Work with the work of others so that no delays result in the Work or other work at or near the work site. If any part of the Work depends on proper execution or results upon the Work of the City or any other contractor, the Contractor will., before proceeding with such Work, promptly report to the City any apparent discrepancies or defects in such other work. Failure of the Contractor to promptly report any apparent discrepancy or defect will be deemed an acceptance of the City's or other contractor's work as fit and proper. The Contractor will anticipate the relations of the various trades to the progress of the Work and will ensure that required anchorage or blocking is furnished and set at proper times. Anchorage and blocking necessary for each trade will be part of the Work except where stated otherwise. The Contractor will provide proper facilities at all times for access of the City, the Engineer, Architect, and other authorized City representatives to conveniently examine and inspect the Work, 14. Liquidated Darner es. The Contractor shall complete the work called for under the contract in all parts and requirements within the number of working days specified. It is agreed by the parties of the contract that in case all the work called for under the contract is not completed before or upon the expiration of the time limit as set forth in the Agreement for Public Improvements, damage will be sustained by the City, and that it is and will be impracticable to determine the actual damage which the City will sustain in the event of and by reason of such delay; and it is therefore agreed that the Contractor will pay to the City the sum prescribed in the Special Provisions per working day for each and every working day's delay beyond the time prescribed to complete the Work; and the Contractor agrees to pay such liquidated damages as herein provided, and in case the same are not paid, agrees that the City may deduct the amount thereof from any money due or that may become due the Contractor under the contract. It is further agreed that in. case the work called for under the contract is not finished and completed in all parts and requirements within the time specified, the City GP-33 of 48 shall have the right to extend the time for completion or Dot, as may seem best to serve the interest of the City; and if the City decided to extend the time for completion of the contract, it shall further have the right to charge to the Contractor, the Contractor's heirs, assigns, or sureties, and to deduct from the final payment for the Work, all or any part as it may seem proper, of the actual cost of engineering, inspection, superintendence and other overhead expenses which are directly chargeable to the contract and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges, The Contractor shall not be assessed with liquidated damages nor the cost of Engineering and inspection during any delay in the completion of the Work caused by acts of God or of the public enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided, that the Contractor shall within ten(10) days from the beginning of any such delay notify the Engineer in writing of the causes of delay, who shall ascertain the facts and the extent of delay, and the Engineer's finding of facts thereon shall be final and conclusive. If the Contractor is delayed by any act of the Engineer or of the City, not contemplated by the contract, the time of completion shall be extended proportionately and the Contractor shall be relieved during the period of such extension of any claim for- liquidated damages, engineering or inspection charges or other penalties, The Contractor shall have no claim for any other compensation for any such delay, 15. Suspension of Contract. If at any time in the opinion of the Engineer, the Contractor has failed to supply an adequate working force, or material of proper quality, or has failed in any other respect to prosecute the Work with the 'diligence and force specified and intended in and by the terms of the contract, notice thereof in writing will be served upon the Contractor, and should he neglect or refuse to provide means for a satisfactory compliance with the contract, as directed by the Engineer, within the time specified in such notice, the City in any such case shall have the power to suspend the operation of the contract. Upon receiving notice of such suspension, the Contractor shall discontinue said work, or such parts of it as the Engineer may designate. Upon such suspension, the Contractor's control shall terminate and thereupon the City or its duly authorized representative may take possession of all or any part of the Contractor's materials, tools, equipment, and appliances upon the premises, and use the same for the purpose of completing said contract, and hire such force and buy or rent such additional machinery, tools, appliances, and equipment, and buy such additional materials and supplies at the Contractor's expense as may be necessary for the proper conduct of the Work and for the completion thereof, or may employ other parties to carry the contract to completion, employ the necessary workmen, substitute other machinery or materials, and purchase the materials contracted for, in such manner as the Engineer may seem proper; or the City may annul and cancel the contract and re-let the Work or any part thereof. Any excess of cost arising therefrom over and above the contract price will be charged against the Contractor and the Contractor's sureties who will be liable therefore. In the event of such suspension, all money due the Contractor or retained under the terms of this contract shall be forfeited to the City; but such forfeiture will not release the Contractor or the Contractor's sureties from liability or failure to fulfill the contract. The GP-34 of 48 Contractor and the Contractor's sureties will be credited with the arnount of money so forfeited toward any excess of cost over and above the contract price, arising from the suspension of the operations of the contract and the completion of the Work by the City as above provided, and the Contractor will be so credited with any surplus remaining after all just claims for such completion have been paid. In the determination of the question whether there has been any such noncompliance with the contract as to warrant the suspension or annulment thereof, the decision of the Engineer shall be binding on all parties to the contract. 16. Communications. a. All notices, demands, requests, instructions, approvals, proposals, and claims must be in writing. b. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office of the Contractor stated on the signature page of the Proposal (of at such other office as the Contractor may from time to time designate in writing to the City), or if deposited in the United States mall in a sealed envelope, or delivered with charges prepaid to any telegraph company for transmission, in each case addressed to such office. C. All correspondence to the City, related to this contract, including request for payment, shall be addressed to the Engineer, City of South San FranciLsco, P.O. Box 711, South San Francisco, California 94083, and any notice to or demand upon the City shall be sufficiently given if so delivered or if deposited in the United States mail in a sealed envelope, or to other such representatives of the City to such other address, as the Agency may subsequently specify in writing to the Contractor for such purpose. Any such notice shall be deemed to have been given as of the time of actual delivery of (in the case of mailing) when the same should have been received per receipt, or in the case of telegrams, at the tirne of actual receipt, as the case may be. 17. Audit and Examination of Records. The City may examine and audit at no additional cost to the City all books, estimates, records, contracts, documents, bid documents,bid cost data, subcontract job cost reports and other Project related data of the Contractor, subcontractors engaged in performance of the Work, and suppliers providing supplies, equipment and other materials required for the Work, including computations and projections related to bidding, negotiating, pricing or performing the Work or Contract modifications and other materials concerning the Work, including, but not limited to, Contractor daily logs, in order to evaluate the accuracy, completeness, and currency of cost, pricing, scheduling and any other project related data. The Contractor will make available all such Project related data at all reasonable times for examination., audit, or reproduction at the Contractor's, business office at or near the work site, and at any other location where such Project related data may be kept until three years after final payment under the Contract. Pursuant to California Government Code Section 8546.7, if the amount of public funds to be expended is in excess of$10,000, this Contract will be subject to the examination and audit of the State Auditor, at the request of the City, or as GP-35 of 48 Fart of any audit of the City, for a period of three (3) years after final payment under the Contract. 18. Project Schedule, Within ten (10) working days after the Notice of Award, the Contractor must deliver to the Engineer a bar chart and critical path method (CPM) schedule detailing the Contractor's intended schedule of work for the entire Project. The schedules must be detailed to clearly show the relative sequence of the items of work, their inter-relationships, start and completion dates, float, the critical path, and any other item deemed necessary by the Engineer. The schedule must allow for the completion of the entire Work within the time for completion and also conform to the City's milestone deadlines. a. City Review of Schedule. The City may review the Contractor's submitted schedule and may note any exceptions, The Contractor must correct any exceptions noted by the City within five (5) working days of being notified of the exceptions. K Update of Schedule. After submission of a schedule to which the City has taken no exceptions, the Contractor must submit an updated schedule on a monthly basis or as otherwise specified by the City until completion of the Work. The updated schedule must show the progress of work as of the date specified in the updated schedule and its relation to milestone dates. c. Float. The schedule must show early and late completion dates for each task. The number of days between these dates will be designated as "Float". The Float will be designated to the Project and will be available to both the City and the Contractor as needed to complete the Work in accordance with the Contract. & Failure to Submit Schedule. If the Contractor fails to submit schedules within the time periods specified in this section, or submits a schedule to which the City has taken uncorrected exceptions, the City may withhold payments to the Contractor until such schedules are submitted and/or corrected in accordance with the Contract Documents. el Responsibility for Schedule, The Contractor will be solely and exclusively responsible for creating the schedule and properly updating it, The City may note exceptions to any schedule submitted by the Contractor, However, the Contractor will be solely responsible for determining the proper method for addressing such exceptions and the City's review of the schedule will not create scheduling obligations of the City. GP,-36 of 48 SECTION IX MEASUREMENT AND PAYMENT I Measurement of_Quantities, All work to be paid for at a contract price per unit of measurement will be measured by the Engineer in accordance with Section 9- 1.01, "'Measurement of Quantities" of the Standard Specifications, When required by the Engineer, the operator of each vehicle weighed shall obtain a weight or load slip from the weigher and deliver said slip to the Engineer at the point of delivery of the material. All loads in vehicles hauled over streets and highways shall be legal loads and no payment will be made for the loads in excess of the legal load limits. Quantities of material wasted or disposed of in a manner not called for under the contract, or rejected loads of material, including material rejected after it has been placed by reason of the failure of the Contractor to conform to the provisions of the contract, or material not unloaded from the transporting vehicle, or material placed outside of the lines indicated on the plans or established by the Engineer, or material remaining on hand after completion of the work; will not be paid for and such quantities will be deducted from the final total quantities. No compensation will be allowed for hauling and disposing of rejected material. 2. Progress Pa rnts. The City once in each month shall cause an estimate in writing to be made by the Engineer of the total amount of work done and the acceptable materials furnished and delivered by the Contractor on the ground and not used, to the time of such estimate, and the value thereof The City shall retain five percent (5%) of such estimated value of the work done and fifty percent (50%) of the value of the materials so estimated to have been furnished and delivered and unused as aforesaid as part security for the fulfillment of the contract by the Contractor and shall pay monthly to the Contractor, while carrying on the Work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained 'under the provisions of the contract. No such estimate or payment shall be required to be made when, in the judgment of the Engineer, the work is not processing in accordance with the provisions of the contract, or when in the Engineer's judgment the total value of the work done since the last estimate amounts to less than three hundred dollars ($300). No such estimate or payment shall be construed to be an acceptance of any defective work or improper materials. For any monies earned by the Contractor and withheld by the City to ensure the performance of the contract, the Contractor may, at Contractor's request and expense, substitute securities equivalent to the amount withheld in the form and manner and subject to the conditions provided in Chapter 13 (coininencing with Section 4590), Division 5, Title I of the Government Code of the State of California. 3. Scope of PaMent, The Contractor shall accept the compensation, as herein provided, in fall payment for famishing all materials, labor, tools, and equipment necessary for the completion of the contract; also for loss or damage arising from the nature of the Work, or from the action of the elements, except as hereinbefore provided, or from any unforeseen difficulties which may be encountered during the prosecution of GP-37 of 48 the Work until the final acceptance by the City and for all risks of every description connected with the prosecution of the Work, also for all expenses iD.Currcd in the consequence of the suspension or discontinuance of the Work as herein specified; and for completing the work, according to the plans and specifications. Neither the payment of any estimate nor of any retained percentage shall relieve the Contractor of any obligation to make good any defective work or material. 4. "SM Notice Retention. The City may at its option and at any time retain out of any amounts due the Contractor, sums sufficient to cover claims filed pursuant to Section 3179 et seq. of the Civil Code. 5. Progress Payment Deductions, The Contractor hereby agrees and acknowledges that progress payments are subject to deduction for failure to comply with certain Contract requirements which include but are not limited to traffic control, cleanliness/daily clean-up, "buttoning-up " open trenches, environmental compliance, maintaining services, etc. In the event such non-compliance occurs, the City may cure these deficiencies with its own crews or with other contractors/vendors. The full cost the City incurs to cure these deficiencies will be deducted from the next progress payment, "I u]] costs" include all labor, materials, and equipment plus applicable "mark-ups," including overhead, should the City perform the work with its own forces. Should the City elect to have the work performed by a contra ctor/vendor, the "full cost" will include the invoiced amount plus a 20 % mark-up to cover handling expenses for the City. 6. Acceptance of the Work. When the final inspection is completed and it has been determined that the Work is done in accordance with the plans and specifications, the Engineer will accept the Work and 95% of the payment based on the final quantities will be paid to the contractor, the balance will be paid 30 days after the Notice of Completion has been filed with the County and upon furnishing of the specified guaranty bond to the City. 7. Final Pavinent. Within thirty (30) days after the completion of the Work and its acceptance by the City, the Engineer will make a proposed final estimate in writing of the quantities of work done under the contract and the value of such work and wi➢ submit such estimate to the Contractor. Within thirty (30) days thereafter the Contractor shall submit to the Engineer the Contractor's written approval of said proposed final quantities of a written statement of all claims, which he has for additional compensation claimed to be due under the contract. On the Contractor's approval or if he files no claims within said period of thirty (30) days, the Engineer will issue a final written estimate as submitted to the Contractor and the City shall pay the entire sum so found to be due after deducting thereftom all previous payments and all amounts to be kept and all amounts to be due after deducting therefrom all previous payments and all amounts to be kept and all amounts to be retained under the provisions of the contract. If the Contractor within said period of thirty (30) days files claims, the Engineer will issue as a semi-final estimate the proposed estimate submitted to the Contractor and the City will within thirty (30) days pay the sum found due thereon after deducting all prior payments and all amounts to be kept and retained under the provisions of the contract. GP-38 of 48 The Engineer shall then consider and investigate the Contractor's claims and shall make such revision in the said estimate as he may find to be due, and shall then make and issue the Engineer's final written estimate. The City will pay the amount so found due, after deducting all previous payments and amounts to be retained under the contract, I All prior partial estimate and payments shall be subject to correction in the final estimate and payment. The final estimate shall. be conclusive and binding against both parties to the contract on all questions relating to the performance of the contract and the amount of work done thereunder and compensation therefore, except in the case of gross error. Payment on the semi-final estimate will be due within thirty (30) days from the date the same is issued by the Engineer. Payment on the final estimate is due within thirty(30) days from the date the same is issued. & Travel and Subsistence Papient. Travel and subsistence payments shall be made to each worker needed to execute the Work, as such travel and subsistence payments are defined in the applicable collective bargaining agreement filed in accordance with Section 1773.8. 9. Notice of Potential Claim, The Contractor shall not be entitled to the paynient of any additional compensation for any act, or failure to act, by the Engineer, including failure or refusal to issue a. change order, or for the happening of any event, thing, occurrence, or other cause, unless the Contractor shall have given the Engineer due written notice of potential claim as hereinafter,specified, The written notice of potential claim shall set forth the reasons for which the Contractor believes additional compensation will or may be due, the nature of the costs involved, and, insofar as possible, the amount of the potential claim. The notice as above required must have been given to the Engineer prior to the time that the Contractor shall have performed the Work giving rise to the potential claim for additional compensation, if based on an. act or failure to act by the Engineer, or in all other cases within 15 days after the happening of the event, thing, occurrence, or other cause, giving rise to the potential claim. City may request additional information from Contractor regarding the Contractor's claim, which shall be provided, to City within 10 days of the request. It is the intention of this section that differences between the parties arising under and by virtue of the contract are brought to the attention of the Engineer at the earliest possible time in order that such matters may be settled, if possible, or other appropriate action promptly taken. The Contractor hereby agrees that they shall have no right to additional compensation for any claim that may be based on any such act, failure to act, event, thing or occurrence for which no written notice of potential claim as herein required was filed. 10. Claims, a. General, A ",Claim" means a written demand or written assertion by Contractor to adjust, alter, modify, or otherwise change the Contract price or the Contract time, or both. GP-39 of 48 All claims filed hereunder shall strictly comply with all requirements of the Contract Documents. In order to qualify as a Claim, the written demand must state that it is a claim submitted according to the terms of the Contract Documents. A letter, voucher, invoice, payment application, or other routine or authorized form of request for payment is not a Claim under the Contract Documents. If such a request is disputed as to liability or amount, then the disputed portion of the submission may be converted to a Claim under the Contract Documents by submitting a separate claim in compliance with claim submission requirements. A Claim must be stated with specificity, including identification of the event or occurrence giving rise to the Claim, the date of the event, and the asserted affect on the Contract price and the Contract time, if any. The Claim shall include adequate supporting data. Adequate supporting data for a Claim for an adjustment of the Contract time shall include scheduling data demonstrating the impact of the event on the controlling operation and completion of the Project. Adequate supporting data for a Claim for an adjustment in the Contract price shall include a detailed cost breakdown of items included within the Claim and documentation supporting each item of cost. Notwithstanding and pending the resolution of any Claim, the Contractor shall diligently prosecute the disputed work to final completion of the Work. Contractor shall impose the Claim notice and documentation requirements in this Contract on Contractor's subcontractors of all tiers, and require their to submit to the Contractor all Claims against Contractor and/or the City within the times and containing the documentation required by these provisions. The Claim notice and documentation procedures described in these provisions applies to all claims and disputes arising under the Contract Documents, whether or not specifically referred to in any specific portion of the Contract. If additional information or details are required by the Engineer to determine the basis and amount of any Claims, the Contractor shall furnish additional information or details so that the additional information or details are received by the Engineer no later than the fifteenth calendar day after receipt of the written request form the Engineer. If the fifteenth day falls on a Saturday, Sunday, or legal holiday, then receipt of the information or details by the Engineer shall not be later than close of business of the next business day. Contractor understands and agrees that failure to submit the inforimation and details to the Engineer within the time specified shall result in Contractor waiving that Claim. The Contractor and all subcontractors shall keep full and complete records of the costs and additional time incurred for any work for which a. Claim for additional compensation is made. The Engineer or any designated claim investigator or auditor shall have access to those records and any other records as may be required b the Engineer or designated claiin investigator- to determine the facts or contentions involved in the claim(s). Contractor agrees that failure to permit access to those records waives Contractor's Claims. GP-40 of 48 The City of South 'San Francisco, or its authorized representatives, shall have access, upon reasonable notice, during normal business hours, to Contractor's and subcontractors' boobs, documents and accounting records, including, but not limited to, bid worksheets, bids, subcontractor bids and proposals, estimates, cost accounting data, accounting records, payroll records, time sheets, canceled checks, profit and loss statements, balance sheets, project correspondence including but not limited to all correspondence between Contractor and its sureties and subcontractors/vendors, project files, scheduling information, and other records of the Contractor and all subcontractors directly or indirectly pertinent to the work, original as well as change and claimed extra work, to verify and evaluate the accuracy of cost and pricing data submitted with any change order, prospective or completed, or any claim for which additional compensation has been requested or claim has been tendered. Such access shall include the right to examine and audit such records, and make excerpts, transcriptions and photocopies of the City's cost. The parties agree that in the event Contractor or any subcontractor fails to comply with this section., it would be difficult for the City to determine its actual damages, therefore, Contractor agrees to pay the City, as liquidated damages, the sum of One Thousand Dollars ($1000.00), which Contractor agrees is reasonable under the circumstances, for each and every working day which Contractor or subcontractor fails or refuses to provide the City access to the materials specified in this section, b. Disputes. (l) Contract Interpretation Disputes. Should it appear to the Contractor that the work to be performed or any of the matters relative to the Contract Documents are not satisfactorily detailed or explained therein, or should any questions arise as to the meaning or intent of the Contract Documents, the Contractor shall give written notice to the City. The Contractor shall bear all costs incurred in giving such notice. All issues regarding the interpretation of the plans or specifications shall be referred to the City for interpretation. The City shall have the right but not the obligation to affirm or disaffirm any interpretation of the plans or specifications, which affirmance or disaffirinance shall be final. If the Contractor should disagree with the City's decision, the Contractor's sole and exclusive remedy is to file a Claim in accordance with these provisions. ( ) Work Disputes. Should any disputes arise under the Contract Documents respecting the true value of any work performed, the implementation of the Work required by the Contract Documents, any Work omitted, any extra work which the Contractor may be required to perforin or time extensions, respecting the size of any payment to the Contractor during the performance of the Contract Documents, or of compliance with Contract Document procedures, the dispute shall be decided by the City and its decisions shall be final and conclusive, if the Contractor disagrees with the City's decision, the Contractor's sole and exclusive remedy is to file a claim in accordance with these provisions. GP-41 of 48 (3) Delays. As used herein, the following terms shall have the following meanings: "Excusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time caused by conditions beyond the control and without the fault or negligence of the Contractor such as strikes, embargoes, fire, unavoidable casualties, unusual delays in transportation, national emergency, and stormy and inclement weather conditions in which the Work cannot continue. The financial inability of the Contractor or any subcontractor and default of any subcontractor, without limitation, shall not be deemed conditions beyond the Contractor's control. An Excusable Delay may entitle the Contractor to an adjustment in the Contract time. "Compensable Delay" means any delay of the completion of the Work beyond the expiration date of the Contract time caused by the gross negligence or willful acts of the City, and which delay is unreasonable under the circumstances involved, and not within the contemplation of the parties. A Compensable Delay may entitle the Contractor to an extension of the Contract time and/or Contract price, Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. "Unexcusable Delay" means any delay of the completion of the Project beyond the expiration of the Contract time resulting from causes 'other than those listed above, An Unexcusable Delay shall not entitle the Contractor to an extension of the Contract time or an adjustment of the Contract price, The Contractor may make a claim for an extension of the Contract time, for an Excusable Delay or a Compensable Delay, subject to the following: (i) If an Excusable Delay and a Compensable Delay Occur concurrently, the maximum. extension of the Contract time shall be the number of days from the commencement of the first delay to the cessation of the delay which ends last. (ii) If an Unexcusable Delay occurs concurrently with either an Excusable Delay or a Compensable Delay, the maximum extension of the Contract tinie shall be the number of days, if any, by which the Excusable Delay or the COompensable Delay exceeds the Unexcusable Delay, (in) If an Unexcusable Delay occurs concurrently with,both an Excusable Delay and a Compensable Delay, the maximum extension in the Contract time shall be the number of days, if any, by which the number of days determined pursuant to Subparagraph (ii) exceeds the number of days of the Unexcusable delay. (iv) For a Compensable Delay, the Contractor shall only be entitled to an adjustment in the Contract price in an amount equal to the actual additional labor costs, material costs, and unavoidable equipment costs incurred by the Contractor as a result of the Compensable Delay, plus the actual additional wages or salaries and fringe benefits and payroll taxes of supervisory and administrative GP-42 of 48 personnel necessary and directly employed at the Project site for the supervision of the Work during the period of Compensable Delay. Except as provided herein, the Contractor shall have no claim for damage or compensation for any delay, interruption, hindrance, or disruption. There shall be no Compensable Delay unless the event or occurrence giving rise to the Compensable Delay extends the actual completion of the Project past the Contract time, The parties agree that the City's exercise of its right to order changes in the Work,regardless of the extent and number of changes, or to suspend the work, is within the contemplation of the parties and shall not be the basis for any Claim or Conipensable Delay. C. Claim Procedures. Should any clarification, determination, action or inaction by the City, or any event, in the opinion of the Contractor, exceed the requirements of or not comply with the Contract Documents, or otherwise result in the Contractor seeking additional compensation in time or money for any reason, (collectively "Disputed Work"), then the Contractor and the City shall make good faith attempts to resolve informally any and all such issues and/or disputes. The Contractor must file a written Notice of Potential Claim with the City before commencing the Disputed Work, or within seven (7) calendar days after Contractor's first knowledge of the Disputed Work, whichever is earlier, stating clearly and in detail its objection and reasons for contending the Work or interpretation is outside the requirements of the Conti-act Documents. If a written Notice of Potential Claim is not filed within this period, or if the Contractor proceeds with the Disputed Work without first having filed the notice required by these provisions, the Contractor shall waive any rights to further claim on the specific issue, The City will review the Contractor's timely notice of potential claim and provide a decision. The City may require supplemental information from the Contractor to clarify that contained in the Notice of Potential Claim. If, after receiving the City's decision, the Contractor disagrees with the decision, the Contractor shall so notify the City, in writing, within seven (7) calendar days after receiving the decision, that a formal Claim will be filed, The Contractor shall submit the Claim in the form specified herein and all arguments, justification, costs or estimates, schedule analyses, and detailed documentation supporting the Contractor's position within thirty (30) calendar days after receiving the City's decision on the notice of potential claim. The Contractor's failure to furnish notification within seven (7) calendar days and all justifying documentation within thirty (30) calendar days will result in the Contractor waiving all rights to the subject Claim. If Disputed Work persists longer than thirty (30) calendar days after receiving the City's decision on the Notice of Potential Claim, then the Contractor shall, every thirty (30) calendar days until the Disputed Work ceases, submit to the City a document titled "Claim Update" which shall update and quantify all elements of the Claim as completely as possible. The Contractor's failure to submit a Claim Update or to quantify all costs and impacts every thirty (30) days shall result in a waiver of that portion of the Claim for that thirty (30) calendar day period. Claims or Claim Updates stating that damages will be determined at a later date shall not comply with the requirements of these provisions and shall result in the Contractor waiving such Claims) and/or Claim Updates. GP-43 of 48 All claims must be submitted to Engineer before the issuance of the final estimate. Contractor hereby expressly waives all Claims not submitted, in complete and proper form, on or before the date of issuance of the final estimate. Upon receipt of the Contractor's formal Claim including all arguments, justification, costs or estimates, schedule analyses, and documentation supporting the Contractor's position as previously stipulated, the City or its designate will review the Claim and render a final determination according to the processing and review procedures listed in Section IX-12, "Claims Processing and Review"' of these General Provisions. No costs arising out of or in connection with the performance of Claims of any nature, other than those specifically listed herein may be recovered by the Contractor. Except where provided by law, or elsewhere in these Contract Documents (if applicable), the City shall not be liable for special or consequential damages, and Claims shall not include special or consequential damages, d, Claim Format, The Contractor shall submit the Claim justification in the following format: (1) Cover letter and certification of the accuracy of the contents of the Claim; (2) Sumi-nary of Claim including underlying facts, entitlement, quantum calculations, and Contract Document provision supporting relief, (3) List of documents relating to the Claim, including plans, if spec ications, clarifications/requests for information, schedules and others,- (4) Chronology of events and correspondence; (5) Analysis of Claim merit; (6) Analysis of Claim costs; (7) Attached supporting documents referenced in item (3) above. C. Exclusive Remedy, The Conti-actor's performance of its duties and obligations specified in these provisions and submission of a. Claim as provided in these provisions is the Contractor's sole and exclusive remedy for the payment of money, extension of time, adjustment or interpretation of Contract Documents' term,,, or other contractual or tort relief arising from the Contract Documents, This exclusive remedy and the limitation of liability (expressed herein and elsewhere throughout the Contract Documents) apply notwithstanding the completion, ten-nination, suspension, cancellation, breach or rescission of the Work or the Contract Documents, negligence or strict liability by the City, its representatives, consultants or agents, or the transfer of the Work or the Project to the City for any reason whatsoever. The Contractor waives all claims of waiver, estoppel, release, bar, or any other type of excuse for non-compliance with the Claim submission requirements. Compliance with the notice and Claim submission GP-44 of 48 procedures described in these provisions is a condition precedent to the right to commence litigation, file a, Government Code Claim, or continence any other legal action. No Claim or issues not raised in a timely protest and timely Claim. submitted under these provisions may be asserted in any Government Code Claim, subsequent litigation, or legal action. The City shall not have deemed to waive any provision under this section, if at the City's sole discretion, a Claim is accepted in a manner not in accord with this section. f. Mediation. All Claims not subject to the Claim resolution procedures set forth in these provisions shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be non-binding and utilize the services of a mediator mutually acceptable to the parties, and, if the parties cannot agree, a mediator selected by the American Arbitrator Association from its panel of approved mediators trained in construction industry mediation. All statutes of limitation shall be tolled from the date of the demand for mediation until a date two weeks following the mediation's conclusion. All unresolved claims shall be submitted to the same mediator. The cost of mediation shall be equally shared, 11. False Claims Affidavit, California Penal Code Section 72 provides that any person, who presents for payment with intent to defraud any City, any false or fraudulent claim, bill, account, voucher, or writing, is punishable by fines not exceeding ten thousand dollars ($10,000) and/or imprisonment in the state prison. ,Government Code Sections 12650 ct seq. (California False Claims Act), pertains to civil penalties that may be recovered from persons (including corporations, etc.) for presenting a false claim for payment or approval, presents a false record or statement to get a false claim paid or approved, or other acts, to any official. or employee of any political subdivision of the State of California, Any person or corporation violating the provisions of Government Code Section 12650 et seq., shall be liable for three times the amount of the damages of the political subdivision, plus a civil penalty, plus costs. Contractor agrees that any costs or expenses incurred by the City in reviewing or auditing any claims that are not supported by the Contractor's cost accounting or other records, or the Contract, shall be deemed to be darnages incurred by the City within the meaning of the California False Claims Act. All Claims by Contractor shall include the following certification, properly completed and executed by Contractor or an officer of Contractor: 1, BEING THE _(MUST BE AN OFFICER) OF (CONTRACTOR), DECLARE UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA, AND DO PERSONALLY CERTIFY AND ATTEST THAT I HAVE THOROUGHLY REVIEWED THE ATTACHED CLAIM FOR ADDITIONAL COMPENSATION AND/OR EXTENSION OF TIME, AND KNOW ITS CONTENTS, AND SAID CLAIM IS TRUTHFUL AND ACCURATE; THAT THE AMOUNT REQUESTED ACCURATELY REFLECTS T14E CONTRACT ADJUSTMENT FOR WHICH THE OWNER IS LIABLE; AND, FURTHER, THAT I AM FAMILIAR WITH CALIFORNIA, PENAL CODE SECTION 72 AND CALIFORNIA GOVERNMENT CODE SECTION 12650, ET SEC, , PERTAINING TO FALSE CLAIMS, AND FURTHER KNOW AND GP-45 of 48 ]UNDERSTAND THAT SUBMISSION OR CERTIFICATION OF A FALSE CLAIM MAY LEAD TO FINES, IMPRISONMENT AND/OR OTHER SEVERE LEGAL CONSEQUENCES. SIGNATURE LINES Tf 7LL BE ADDED IIE RE 12. Claims Processing and Review. The review and treatment of Contractor Claims up to three hundred seventy-five thousand dollars ($375,000) are governed by California Public Contract Code Sections 20104 et sect,, the relevant positions of which are summarized below. In addition to these statutory provisions, the City and Contractor hereby agree by contract to a procedure for the review of claims over three hundred seventy-five thousand dollars ($375,000). Claims, then, shall be processed and reviewed as follows: a. For claims of less than fifty thousand dollars ($50,000). the City will respond in writing within forty-five (45) days of its receipt of the claim, or may request, in writing, within thirty (30�) days of its receipt of the claim, submission of additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. (1) If such additional documentation is requested by the City, it shall be provided by the Contractor within twenty (20) days of its receipt of the request from the City or as otherwise mutually agreed upon by the City and the Contractor. (2) l',ollowing the Contractor's submission of all requested additional documentation, the City will respond to the claim within fifteen (15) days or within the period of time taken by the Contractor In producing the additional documents, whichever is longer. b. For claims of over fifty thousand dollars ($50,000) and less than or equal to three hundred and seventy-five thousand dollars ($375,000), the City will respond in writing within sixty (60) days of its receipt of the claim, or may request, in writing, within thirty (30) days of receipt of the Claim, submission of additional documentation supporting the Claim or relating to defenses or Claims the City may have against the Contractor. (1) If such additional documentation is requested by the City, it shall be provided by the Contractor within thirty (30) days of its receipt of its receipt of the request or as otherwise mutually agreed upon by the City and the Contractor. (2) Following the Contractor's submission of all requested additional documentation, the City will respond to the claim within thirty (30) days, or within the period of time taken by the Contractor in producing the additional documentation, whichever is longer. C. For claims over three hundred and seventy-five thousand dollars ($375,000), the City will respond in writing within one hundred and twenty (120) days of its receipt of the claim, or may request in writing, within forty-five (45) days of receipt of GP-46 of 48 the Claim, submission of additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. (1) If such additional documentation is requested by the City, it shall be provided by the Contractor within thirty (30) days of its receipt of the request or as otherwise mutually agreed upon by the City and the Contractor. (2) Following the Contractor's submission of all requested additional documentation, the City will respond to the Claim within thirty (30) days, or within the period of time taken by the Contractor in producing the additional documentation, whichever is longer. 13, Extra Work. New and unforeseen items of work will be classed as extra work when they cannot be covered by any of the various items for which there is a bid price or by combinations of such items. The Contractor shall do such extra work and famish such materials and equipment therefore, as may be required in writing by the Engineer, but he shall not do extra work except upon written order from the Engineer, and in the absence of such written order he shall not be entitled to payment for such extra work. All bills for extra work done shall be filed in writing with the Engineer. For such extra work the Contractor shall receive compensation at the prices previously agreed upon in writing, or upon a failure to agree upon prices, he shall be paid on force account, as provided in Section IX- 14, "Force Account Work" of these General Provisions. All extra work shall be adjusted daily upon report sheets furnished to the Engineer by the Contractor and signed by both parties which daily reports shall thereafter be considered the true record of extra work done. 14, Force Account Work. Where payment is to be made on a force account basis, the Contractor shall receive the actual cost of all material, labor and rented equipment famished by the Contractor as shown by paid vouchers, plus fifteen percent (15%); provided, however, that the City reserves the right to famish such materials required as it seems expedient, and the Contractor shall have no claim for profit on the cost of such materials. For use of equipment owned by the Contractor he shall be paid the current prices prevailing in the locality, which shall have been previously determined and agreed upon in writing by the Contractor, plus fifteen percent (15%a). When work is performed by force account, in addition to the actual cost of labor, the City will reimburse the Contractor for compensation insurance payrncnts, contributions made to the State as required by the provisions of the Unemployment Reserve Act, Chapter 352, Statutes of 1935, as amended; and for taxes paid to the Federal Goverranent as required by the Social Securities Act approved August 14, 1935, as amended. The payment of fifteen percent (15%) in addition to the actual 'cost of all material, labor, and rented equipment, as herein provided, shall include full allowance to the Contractor for overhead and profit on the force account work and full compensation to the Contractor for premiums paid on any other insurance of any nature which the GP-47 of 48 Contractor may be required to carry or which he may elect to carry; and for additional premiums paid on faithful performance and payment bonds required by reason of the increases in the amount of work to be performed over and above that called for in the original contract. All force account work shall be adjusted daily upon report sheets, furnished to the Engineer by the Contractor and signed by both parties, which daily reports shall thereafter be considered the true record of force account work done. If force account work is done on the contract the Contractor shall furnish to the Engineer three (3) copies of a certificate from the insurance company showing the compensation insurance rates to be charged on the various classes of work to assist in verification of the Contractor's charges for extra work and force account, [END OF GENERAL PROVISIONS] 17745233 17745233 GP-48 of 48 GaO '"s U Q Staff Report DATE: November 18, 2015 TO: Mayor, Vice Mayor and Councilmembers FROM: LaTanya Bellow, Human Resources Director SUBJECT: RESOLUTION AMENDING THE SALARY SCHEDULE, EFFECTIVE NOVEMBER 18, 2015, BY ASSIGNING A SALARY RANGE FOR THE CHILD CARE ASSISTANT SUPERVISOR JOB CLASSIFICATION IN THE MID-MANAGEMENT BARGAINING UNIT AND CITY CLERK RECORDS TECHNICIAN JOB CLASSIFICATION IN THE CONFIDENTIAL BARGAINING UNIT RECOMMENDATION It is recommended that the City Council adopt a resolution amending the salary schedule, effective November 18, 2015, by assigning a salary range for the new job classifications of Child Care Assistant Supervisor in the Mid-Management bargaining unit and the City Clerk Records Technician in the Confidential bargaining unit. BACKGROUND/DISCUSSION The positions of the Child Care Assistant Supervisor (a.k.a., Assistant Recreation Supervisor) in the Recreation Department, and the City Clerk Records Technician in the City Clerk's Office were included and approved in the 2015-2016 Adopted Operating Budget. These positions have not been filled yet as job descriptions and salary ranges were being developed. Now that this process is complete, pursuant to Municipal Code 3.04.020, Council must then approve the revisions to the City's compensation plan. This resolution would approve the salary range for the new job classifications of Child Care Assistant Supervisor in the Mid-Management unit and City Clerk Records Technician in the Confidential unit. The job specifications and salary ranges for these job classifications were studied and recommended by a compensation consultant as follows: Job Classification 1 2 3 4 5 CHILD CARE ASSISTANT SUPERVISOR $ 28.55 $ 29.98 $31.48 $33.05 $34.71 Job Classification 1 2 3 4 5 CITY CLERK RECORDS TECHNICIAN $ 27.65 $ 29.03 $ 30.49 $32.01 $ 33.61 Staff Report Subject: RESOLUTION AMENDING THE SALARY SCHEDULE, EFFECTIVE NOVEMBER 18, 2015, BY ASSIGNING A SALARY RANGE FOR THE CHILD CARE ASSISTANT SUPERVISOR JOB CLASSIFICATION IN THE MID-MANAGEMENT BARGAINING UNIT AND CITY CLERK RECORDS TECHNICIAN JOB CLASSIFICATION IN THE CONFIDENTIAL BARGAINING UNIT Page 2 of 2 FUNDING Funding for these positions is included in the 2015-2016 Adopted Operating Budget. CONCLUSION By approving a resolution revising the Salary Schedule to add the job classifications of Childcare Assistant Supervisor in the Mid-Management unit and City Clerk Technician in the Confidential unit, these positions can be filled. Prepared by: Approved by: LaTanya Bellow Mike Futrell Human Resources Director City Manager Attachments: Resolution Job Descriptions RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA RESOLUTION AMENDING THE SALARY SCHEDULE, EFFECTIVE NOVEMBER 18, 2015, BY ASSIGNING A SALARY RANGE FOR THE CHILD CARE ASSISTANT SUPERVISOR JOB CLASSIFICATION IN THE MID-MANAGEMENT BARGAINING UNIT AND CITY CLERK RECORDS TECHNICIAN JOB CLASSIFICATION IN THE CONFIDENTIAL BARGAINING UNIT WHEREAS, the City desires to assign a salary range for the Child Care Assistant Supervisor job classification in the Mid-Management bargaining unit and the City Clerk Records Technician job classification in the Confidential bargaining unit; and, WHEREAS, City staff recommends that the salary ranges for the Child Care Assistant Supervisor and the City Clerk Records Technician job classifications be: Job Classification 1 2 3 4 5 CHILD CARE ASSISTANT SUPERVISOR $ 28.55 $ 29.98 $ 31.48 $ 33.05 $ 34.71 Job Classification 1 2 3 4 5 CITY CLERK RECORDS TECHNICIAN $ 27.65 $ 29.03 $ 30.49 $32.01 $33.61 WHEREAS, staff desires approval of the salary ranges for the Child Care Assistant Supervisor and City Clerk Records Technician job classifications; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby approves the salary range for the Child Care Assistant Supervisor and the City Clerk Records Technician job classifications as follows: Job Classification 1 2 3 4 5 CHILD CARE ASSISTANT SUPERVISOR $ 28.55 $ 29.98 $ 31.48 $ 33.05 $ 34.71 Job Classification 1 2 3 4 5 CITY CLERK RECORDS TECHNICIAN $ 27.65 $ 29.03 $ 30.49 $32.01 $33.61 BE IT FURTHER RESOLVED, by the City Council that the above salary range for the Child Care Assistant Supervisor and the City Clerk Records Technician job classifications be effective November 18, 2015, and amending the salary schedule accordingly. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 18th day of November, 2015 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk City of South San Francisco Human Resources Department City Clerk Records Technician Class Description Definition Under general supervision, provides responsible, technical, complex, and/or specialized administrative duties in support of City Clerk functions including records assessment, preparation of reports, and responding to questions and inquiries from the public, City departments, and outside agencies; and does related work as required. Distinguishing Characteristics This position is distinguished from all other clerical positions in that it is assigned to the Office of the City Clerk. The position requires specific well-developed records management skills related to the Office's activities, procedures, specialized rules, regulations and policies, including assessment, creation and management of various records, including, but not limited to, agreements, public records, election and conflict of interest filings. The work may include cross- training with one or more positions in the Office of the City Clerk. Typical and Important Duties 1. Performs difficult, complex, technical, and/or specialized office support work, which requires the exercise of independent judgment, the application of technical skills, and the ability to apply detailed knowledge of the activities and procedures specific to the Office of the City Clerk. 2. Provides information to City staff, other organizations, and the public, which requires the use of judgment and the interpretation of policies, rules, and procedures. 3. Uses a variety of specialized automated business applications related to the Office of the City Clerk including preparing graphic materials, tracking documents and related information, processing public forms and filings, receiving and processing legal documents and departmental payroll. 4. Conducts special projects related to the Office of the City Clerk which includes researching and assembling information from a variety of sources,preparing reports, using spreadsheets and making arithmetic and statistical calculations. 5. Consults with the City Clerk and other Office personnel in order to ensure complete, up-to- date and accurate public records. 6. Serves in a relief or cross-trained basis in a variety of departmental assignments. 7. Abstracts information from records for statistical indexing and preparation of summary reports to the City Clerk and other departments as needed. 8. Prepares detailed and occasionally sensitive reports, forms and specialized documents related to the Office of the City Clerk. 9. Assists the City Clerk in compiling and tracking records and information. 10. Prepares and updates a variety of periodic and special narrative, accounting, and statistical reports. 11. Maintains, updates, and distributes materials related to Council procedures and policies. 12. Establishes and maintains office files; researches and compiles information from such files; purges files as required. 13. Operates standard office equipment, including job-related computer hardware and software applications, facsimile equipment, and multi-line telephones; may operate two-way radio or other department-specific equipment. 14. May train others in work procedures. 15. Performs related duties and responsibilities as assigned. Job-Related Qualifications Knowledge of Computer applications related to the work, including word processing, and spreadsheet applications. Standard office administrative practices and procedures, including the use of standard office equipment. Records management principles and practices. Business arithmetic and basic statistical techniques. Principles and practices of technical report and business letter writing. Principles and practices of customer service. English usage, spelling,punctuation and grammar. Techniques for dealing effectively with the public and City staff, in person and over the telephone. Ability to: Learn codes, regulations,policies, and procedures related to the Office of the City Clerk. Learn computer applications related to the work, including database and special software related to the public noticing function of the Office of the City Clerk. Perform technical, specialized, complex, and difficult office administrative work requiring the use of independent judgment. Interpret and implement policies, procedures and computer applications related to the Office of the City Clerk. Recognize and follow-up inconsistencies in records; analyze data, draw logical conclusions and submit reports. Compose reports independently or from brief instructions. Compile and maintain complex and extensive records. Review documents for completeness and follow appropriate steps for the retention of records, files and documents. Establish, maintain and research departmental files. Make accurate arithmetic calculations. Communicate effectively in writing, orally, and with others to assimilate, understand, and convey information, in a manner consistent with job functions. Prepare clear, concise, narrative and statistical reports. Use initiative and independent judgment with established procedural guidelines. Organize own work, set priorities and meet critical time deadlines. Establish and maintain cooperative relationships with those contacted in the course of the work. Work with sensitive and confidential information. Recommend process improvement changes to streamline procedures. Work in a safe manner, following City safety practices and procedures. Learn and utilize job-related computer applications. Skill in: Word processing and working with a variety of computer applications with sufficient speed and accuracy to perform assigned work. Entering and retrieving data into standard computer with speed and accuracy sufficient to perform assigned work. Managing electronic and hard copy records. Experience and Training Any combination of experience and training that would provide the required knowledge, skills, and abilities would be qualifying. A typical way to obtain the knowledge, skills, and abilities would be: Experience: Three years of records management or general clerical records related experience and experience in dealing with the public. Experience in a City Clerk's Office is preferred. Training: Equivalent to graduation from high school, including or supplemented by courses in word processing, computer operation, and office practices. Six months of additional experience as described above may be substituted for the supplemental training. Licenses and Certificates All licenses and certificates must be maintained as a condition of employment. • Possession of, or ability to obtain, a valid, appropriate California driver's license and a satisfactory driving record. Special Requirements Essential duties require the following physical skills and work environment: Physical Skills: Able to use standard office equipment, including a computer; mobility to work in a typical office setting to use standard office equipment; sit, stand, walk, kneel, crouch, stoop, squat, twist, and maintain sustained posture in a seated position for prolonged periods of time; vision to read printed materials and a computer screen; hearing and speech to communicate in person and over the telephone; lift and carry 35 pound boxes, files, and materials. Work environment: Work in a standard office setting. The position may require extended hours, off-shifts, or weekends. Ability to: Travel to different sites and locations. Approved: Revised Date: N/A Former Titles: None Abolished: N/A Bargaining Unit: Confidential Unit ADA Review: 7/2015 DOT: No Physical: No Status: Classified/Nonexempt EEOC Category: Job Code: ADA-Documentation of Essential Duties 1. SDE 2. SDE 3. OWNE 4. MWE 5. SDE 6. SDE 7. SDE 8. MWE 9. SDE 10. SDE 11. SDE 12. SDE 13. SDE 14. OANE 15. SDE City of South San Francisco Human Resources Department Childcare Assistant Supervisor Class Description Definition Under the general supervision, assists with professional duties consisting of, but not limited to planning, developing, coordinating, implementing and evaluating programs in the childcare program area including licensing, grant funded, special needs, and special events; and does related work as required. Distinguishing Characteristics This position is distinguished from the Recreation Supervisor in that the latter has full supervisory responsibilities. The Childcare Assistant Supervisor is responsible for assisting with the supervision of programs and childcare staff in all programs, including full-time and hourly employees. Incumbents may provide support for inter-divisional programs and functions. Typical and Important Duties 1. Assists with planning, organizing, developing, scheduling, enforcing rules, and evaluating child care programs and special events, as well as overseeing day to day operations of assigned program area. 2. Assists with hiring, training, supervising, scheduling and evaluating part-time and seasonal personnel; assigns work schedules. 3. Conducts and attends a variety of training seminars, staff meetings, community and recreation meetings as needed. 4. Maintains inventory of supplies and equipment; distributes supplies and equipment, assists with ordering supplies and equipment for Childcare and its programs and follows through on purchases. 5. Assists with public relations duties such as preparing and distributing flyers, press releases, and brochures. 6. Researches and prepares studies, reports, and memorandum on related subjects. 7. Utilizes computers for word processing, database management, and specialized recreation software. 8. Assists with the collection and recording of applicable program area revenues. 9. Assists in the preparation and administration of applicable federal, state, and county special project grants. 10. Assists supervisor with preparing and administering individual program budgets as appropriate; monitors expenditures and payroll in accordance with established procedures. 11. Serves on internal and external committees and boards as requested. 12. Performs related duties and responsibilities as assigned. Job-related Qualifications Knowledge of Childcare, recreation, licensing application and regulations, cultural and human services, and social needs of the community. Theories, techniques, and methods of child development, curriculum design and implementation, and implementing a variety of recreation, childcare, and human services programs. Principles of supervision, training, and staff development. Pediatric CPR and First Aid. Principles and practices of childcare and public administration, including budgeting, purchasing, and personnel management Reporting and regulations of state, federal and private grant programs Computer applications related to the work, including word processing, and spreadsheet applications. Business arithmetic and basic statistical techniques. Principles and practices of technical report and business letter writing. Principles and practices of customer service. English usage, spelling,punctuation and grammar. Techniques for dealing effectively with the public and City staff, in person and over the telephone. Ability to Develop and implement childcare and recreation programs to meet the needs of the community. Supervise, schedule, train, coach, and evaluate staff. Assist with the development and administration of program area budget. Interpret, and explain applicable City, department, and division policies, and procedures. Effectively maintain the division operations in the supervisor's absence. Prepare reports, grants, memorandums, staff reports, and other written correspondence. Use English effectively and communicate in person, over the phone, and in writing. Organize work, set priorities, meet critical deadlines, and follow-up on assignments with supervisor. Make accurate arithmetic calculations. Communicate effectively in writing, orally, and with others to assimilate, understand, and convey information, in a manner consistent with job functions. Represent the City, department, and division effectively in contacts with representatives of the other agencies and organizations, City departments, and the public. Use initiative and independent judgment with established procedural guidelines. Establish and maintain cooperative relationships with those contacted in the course of the work. Take a proactive approach to customer service issues. Work in a safe manner, following City safety practices and procedures and modeling correct City safety practices and procedures; enforce adherence to safety policies and procedures; identify, correct, and report unsafe conditions Skill in: Using a personal computer and associated applications. Experience and Training: Any combination of experience and training that would provide the required knowledge, skills, and abilities would be qualifying. A typical way to obtain the knowledge, skills, and abilities would be: Experience: Two years of progressively more responsible coordinator/director, lead teaching, or supervisory experience in the delivery of licensed childcare services. Training: Equivalent to a bachelor's degree from an accredited college or university with major coursework in child development, recreation, education, or a related field. Licenses and Certificates All licenses and certificates must be maintained as a condition of employment. • Possession of, or ability to obtain, a valid, appropriate California driver's license and a satisfactory driving record. Special Requirements Essential duties require the following physical skills and work environment: Physical Skills: Able to use standard office equipment, including computer; sit, stand, walk, kneel, crouch, stoop, squat, twist, and maintain sustained posture in a seated or standing position for prolonged periods of time, vision to read printed materials and a computer screen; hearing and speech to communicate in person, over the telephone, and to make public presentations; lift and carry 35 pound boxes, files, and materials. Work Environment: Mobility to work in typical office, classroom, and/or field and work setting. Ability to: Travel to different sites and locations; drive safely to different sites and locations; maintain a safe driving record; work protracted and irregular hours and evening meetings or off- shift work for meeting attendance or participation in specific projects or programs; available for evening and weekend events. Approved: Revised Date: N/A Former Titles: None Abolished: N/A Bargaining Unit: Mid-Management ADA Review: 9/2015 DOT: No Physical: No Status: Classified/Nonexempt EEOC Category: Job Code: ADA-Documentation of Essential Duties 1. SDE 2. SDE 3. MWE 4. MWE 5. MAE 6. SAE 7. SDE 8. SDE 9. OAE 10. OAE 11. OAE 12. OAE Q b Statt% Rwort DATE: November 18, 2015 TO: Mayor, 'Vice Mayor, and Councilmembers FROM: Alex Greenwood, Director of Economic and Community Development SUBJECT: RESOLUTION APPROVING A FIRST AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT WITH CITY VENTURES FOR THE PROJECT AT 1256 MISSION ROAD RECOMMENDATION It is recommended the City Council adopt a resolution approving a First Amendment to the Affordable Housing Agreement with City Ventures,to permit certain limited transfers of property prior to the sale of the designated below market units related to financing and lien encumbrances. BACKGROUND/OVERVIEW On February 25, 2015, the City Council approved a Tentative Subdivision Map and Affordable Housing Agreement (AHA) with City Ventures to construct a 36-unit residential development with a mix of townhomes and single family dwellings at 1256 Mission Road. Pursuant to the AHA, City Ventures will be providing seven affordable units in the project. City Ventures is in the process of refinancing a short-term bridge loan into a construction loan. The construction lender has agreed to provide such financing but is concerned that the AHA limits its ability to exercise its rights and remedies in the unlikely event City Ventures defaults on its construction loan. Therefore,to secure its construction loan,City Ventures is requesting Section I I of the AHA be modified as shown in the attached Exhibit A to clarify that the lender can exercise its rights and remedies in the event of default by developer. CONCLUSION It is recommended the City adopt a resolution authorizing the Manager to execute a first amendment to the Affordable Housing Agreement with City Ventures amending the Agreement to allow the transfer of property prior to the sale of below market units in the case of encumbrances with respect to financing, transfers resulting from lenders' exercise of rights and remedies including foreclosure and the sale of market rate units. By: Approved: Alex Greenwood ike Futrell Director of Economic and Community Development City Manager Attachments: Resolution First Amendment to AHA RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO STATE OF CALIFORNIA RESOLUTION APPROVING A FIRST AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT WITH CITY VENTURES FOR THE PROJECT AT 1256 MISSION ROAD WHEREAS, on February 25, 2015, the City Council approved a Tentative Subdivision Map and Affordable Housing Agreement with City Ventures to construct a 36,-unit residential development with a mix of townhomes and single family dwellings at 1256 Mission Road (the "Property"); and WHEREAS, as a condition of development of the project, City Ventures must comply with the City of South San Francisco's housing policies and programs as set forth in the City's Inclusionary Housing Ordinance first adopted by the City Council on December 12, 2001, as it applies to the provision of affordable housing; and WHEREAS, as a condition of developing and constructing thirty-six (36) condominiums on the Property, City Ventures entered into an Affordable Housing Agreement with the City and shall designate seven (7) units as Below Market Rate Units and shall make these units available for sale as Below Market Rate Unit; and WHEREAS, City Ventures is refinancing a short-term bridge loan into a construction loan and the construction lender desires to preserve its rights and remedies in the event of default by developer; and WHEREAS, the City desires to amend the Affordable Housing Agreement to allow the transfer of property prior to the sale of below market units in the case of lien encumbrances with respect to financing, transfers resulting from lenders' exercise of rights and remedies including foreclosure, and the sale of market rate units, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco hereby approves the first amendment to Affordable Housing Agreernent with City Ventures, attached hereto as Exhibit A and incorporated herein. BE IT FURTHER RESOLVED that the City Manager of the City of South San Francisco is hereby authorized and directed to execute the Amendment on behalf of the City of South San 1 Francisco, subject to approval as to form by the City Attorney, and to take any other action consistent with the intent of this Resolution. I hereby eertify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a special meeting held on the 181h day of November, 2015 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 2 P3 RECORDING REQUESTED BY: COMMUNITY DEVELOPMENT DEPARTMENT CITY OF SOUTH SAN FRANCISCO, 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 940801 WHEN RECORDED MAIL TO: ECONOMIC AND COMMUNITY DEVELOPMENT CITY OF SOUTH SAN FRANCISCO 400 GRAND AVENUE SOUTH SAN FRANCISCO, CA 94080 Documentary Transfer Tax$ EXEMPT County of San Mateo City of South San Francisco FRI Right of Way Agent FIRST AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT FOR BELOW MARKET RATE PROPERTY This First Amendment to the Affordable Housing Agreement for Below Market Rate Property ("Amendment") is entered into as of this _day of ) 2015, by and between the City of South San Francisco ("City") and South San_Franeisco Inv.,-LLC ("Developer"). City and Developer are hereinafter collectively referred to as the "Parties." RECITALS WHEREAS, Chapter 20,380 of the South San Francisco Municipal Code sets forth the requirements for Inclusionary Housing ("Inclusionary Housing Ordinance"); and WHEREAS, the Developer is, or will become, the fee simple owner of that certain real property("Property") located in the City of South San Francisco, State of California. WHEREAS, the Developer intends to construct thirty-five (35) for-sale housing units on the Property (the "Project"), which is subject to the requirements of the Inclusionary Housing Ordinance; and WHEREAS, on City and Developer entered into that certain Affordable Housing Agreement("Agreement")whereby Developer made seven(7)units within the Project available for sale as Below Market Rate Units. A true and correct copy of the Affordable Housing Agreement and its exhibits is attached as Exhibit A; and First Amendment to APIA 1 1256 Mission Road P4 WHEREAS, City and Developer now desire to arnend the Agreement. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, City and Developer hereby agree as follows: I. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment,unless specifically provided herein to the contrary. 2. Section 11. Section I I of the Agreement shall be amended as follows (with additions in double ankrVine and deletions in strikeflffeugh): 11. Prior to the sale of the Below Market Rate Units to eligible Low- and Moderate-Income Households, the Developer may not transfer the whole or any part of the Property, the Project or this Agreement unless (1) such transfer is to a limited liability company or limited partnership or corporation formed for purposes of carrying out the Project and which takes title to the Property, (ii) the Developer first notifies the City of the proposed transfer or assignment and delivers to the City the organizational documents of the transferee or assignee (the "Transferee"),--and. (iii) the Developer causes the Transferee to execute an agreement, in form and substance approved in writing by the City, accepting and assuming (and releasing Developer from) the obligations of the Developer under this Agreement-, the C- followip .g,__Aran.ate_rsshaR-mot be-s =)k t to the for elsewhere hereinowever,_the sal LQ- _g oing�l imitations and shall constitute favor ermined transfers 1 an _...lien or eneumbrance m o a t ird art men_ der (for pur -this Section,_a"Mlaagage _poses of. ! f DeyeloqL .,, with res qt! an firin c n obtained by construction of t Pro'ect Q any=transfer of. the Prgigga or my Ion tlereof, resulting:from-a- n y L M_o a gee 's exercise of i with in the event su I . Mortgagee takes title to thLe Pr _=Las a result of the exercise of its rights and.remedies, a-nv sb.seq%ent transfer that any transfer e thereof shall take s to this Rent and all Eqbl and Ltions under this 3) an sale of for,sale housin units b I�o n M pr-Wr a in connection with the exercise of its rjjb remedies j wQ dXs_1gR tsand __. ! hih— have not been _&.dm below Market Rate Units. Developer shall reimburse City for all City costs, including but not limited to reasonable attorneys' fees, incurred in reviewing instruments and other legal documents proposed to effect a permitted transfer or assignment under this Agreement within ten (10) days following City's delivery of an invoice detailing such costs. All other terms, conditions and provisions in the Agreement remain in fall force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. First Amendment to AFIA 2 1256 Mission Road P5 [SIGNA TURF.SON THE FOLLOWING PAGE] IN WITNESS THEREOF, the parties have executed this Amendment as of the date first written above. DEVELOPER : CITY: CITY OF SOUTH SAN FRANCISCO By: By: Name Printed: Its: Mike Futrell City Manager APPROVED AS TO FORM: Jason Rosenberg, City Attorney SIGNA TURES MUST BE NOTARIZED First Amendment to AHA 3 1256 Mission Road P6 EXHIBIT A Affordable Housing Agreement 2437174.1 S tIF0 Staff Report DATE: November 18, 2015 TO: Mayor, Vice Mayor and Councilmembers FROM: Richard. Lee, Director of Finance (, SUBJECT: FISCAL YEAR 2014-15 YEAR-END FINANCIAL RESULTS AND BUDGET CLOSING RECOMMENDATION It is recommended that the City Council approve the attached resolution authorizing various budget actions and allowing staff to close the books on Fiscal Year (FY) 2014-15. BACKGROUND/DISCUSSION This report, presented for the City Council's information, is intended to provide an overview of the year-end. Financial condition of the City of South San Francisco on a budgetary basis for the fiscal year ended June 30, 2015. Overall, total General. Fund revenues in FY 2014-15 were $87.3 million, $4.5 million over the final amended budget, a favorable variance of 5.1%. General Fund Total Expenditures were $80.4 million, or $3.9 million under budget, a favorable variance of 5.2%, due to savings in salary and supplies across almost all departments. Below is an overview of major changes to General Fund revenues at year-end compared to the final amended budget. Revenues l) Secured[Unsecured Property Tax +$228,000 Current year secured and unsecured property tax revenues, one of the City's primary recurring General Fund revenue sources, totaled $15.8 million in FY 2014-15. Revenues carne in 1.5%, or $228,000 higher than budget, primarily due to supplemental secured property taxes, which reflect new properties that were assessed after the close of the property tax roll on a county-wide basis, and cannot be relied upon for an ongoing revenue stream. Staff Report Subject: 2014-15 Year-End Financial Results and Budget Closing Page 2 of 6 2) Former Redevelopment Agency (RDA) Property Tax Allocation+$338,000 Ongoing property taxes from the RDA dissolution were $338,000 more than the amended budget. The increase in revenue reflects further paying down of the former RDA obligations, which increases the share of property taxes for taxing agencies. This number will continue to increase as RDA obligations continue to wind down. 3) Sales & Use Tax+$316,000 Sales and Use Tax totaled $11.2 million in FY 2014-15, which was $317,000 more than the adopted budget. Growth reflects robust activity in the retail business, business to business and food products sectors. Staff meets with the City's Sales Tax consultant, MuniServices, on a quarterly basis to actively monitor economic trends to more accurately predict future revenues. 4) Transient Occupancy Tax+$1,513,000 1 Commercial Parking Tax +$403,000 Transient Occupancy Tax (TOT)revenues reached $12.9 million in FY 2014-15, which was $1.5 million more than the amended budget, and surpassed the record set in the previous year. Commercial Parking Tax revenues, which move in parallel trends with TOT revenues, were nearly $403,000 above the amended budget. South San Francisco's proximity to San Francisco International Airport (SFO) is a primary driver for the positive variances above. In 2014, SFO had over 47 million passengers, breaking the record set in the previous year. Every year since 2007, SFO has increased its passenger traffic by an average of 4.4%. 5) Building & Fire Permits+$1,048,000 I Business License$274,000 General Fund permit revenue totaled $4.8 million in FY 2014-15, which was $1.0 million more than the amended budget. Revenues from business license were $274,000 above budget. The positive variances are primarily due to the continued growth of new developments, particularly East of 101. Permit revenues are somewhat unpredictable, as they are susceptible to economic fluctuation. 6) Fines +$133,000 Revenue from fines totaled $1.2 million in FY 2014-15, $133,000 over what was in the amended budget. The majority of revenue in this category comes from traffic and court fines. 7) Franchise Fees +496,000 In FY 2014-15, revenues from Franchise Fees totaled $3.7 million, which was $496,000, or 15.3% more than the amended budget, and were fueled by increases in AT&T gross receipts. Other Funds In addition to the fiscal year-end review process for the General Fund, staff also reviews the assets, liabilities, revenues and expenditures of other funds which are used to account for the resources needed to provide various services to the community. The City Housing Fund was created when the Redevelopment Agency was closed by the State and the City Council chose to continue managing affordable housing projects. In FY 2014-15, this fund received $2.5 million in revenues, which was $1.9 million more than the amended budget. The positive variance was due to $1.1 million in loan repayments from Mid-Peninsula Housing for the 636 El Camino Real property and $922,000 in housing bond proceeds from the Staff Report Subject: 2014-15 Year-End Financial Results and Budget Closing Page 3 of 6 Successor Agency for the Brookwood downtown development. The fund had $1.1 million in expenditures, $182,000 over budget due to expenditures from the Brookwood development, although it was a net-zero impact to the fund, as the project is funded by housing bond proceeds. As of the fiscal year ended June 30, 2015, there was $2.1 million in fund balance, $433,000 restricted for the Brookwood development, and the remaining $1.7 million restricted to affordable housing projects. Any unencumbered funds in excess of$1.0 million as of December 31, 2016 will be returned to the state in accordance with Senate Bill 341. The Affordable Housing Trust Fund is separate from the City Housing Fund, and is not part of the Successor Agency. This Fund does not budget for any revenue or expenditures, as primary revenues are from developer contributions. Staff asks that the City Council amend the budget in recognition of$31,000 in revenues received from developer contributions and interest earnings. The cash balance at of the end of FY 2014-15 was $1.6 million, which is restricted to fund low-income housing. The Sewer Enterprise Fund provides for operation and maintenance of the Water Quality Control Plant (WQCP) and provides funding for reinvestment in critical sewer collection infrastructure and ongoing WQCP operations and improvements. Revenues were $26.2 million, or $2.0 million less than the budget, due to less than expected CIP reimbursement revenues. Expenditures totaled $24.9 million, $5.4 million, or 17.9% under budget due to less than expected CIP spending, which also contributed to the lower revenues above. The Sewer Fund was able to fund its capital and operating reserves at year end according to its reserve policy needs. The cash balance of$16.4 million as of the fiscal year ended June 30, 2015, was needed to meet operational and capital improvement needs during the current three-year rate plan, which goes through Fiscal Year 2016-17. These reserve balances are consistent with the funds that will be needed, along with a State Water Resources Control Board Loan, in order to fund the next phase of Water Quality Control Plant capital costs, and was factored into the current rate setting process. The Sewer Capacity Charges Fund does not budget for revenues, due to unpredictable frequency and magnitude. Staff asks that the City Council amend the budget in recognition of the $210,000 in sewer capacity charges received in Fiscal Year 2014-15. The FY 2014-15 ending fund balance of$543,000 is restricted to fund sewer capital improvements. The Parking District Fund received $832,000 in revenue from the collection of parking fees from City owned parking meters and parking lots. This reflected an increase of$122,000 or 17% from the amended budget, primarily due to a boost in parking meter usage. Expenditures in FY 2014-15 were $617,000 under budget. Fund balance for the fiscal year ended June 30, 2015 was $1.6 million, of which $522,000 is reserved for the parking meter upgrade project in FY 2015- 16. The Storm Water Fund is used to account for resources needed to fund storm drain and storm infrastructure operations and maintenance and capital replacement, as well as comply with various federal and state regulations regarding storm water runoff Revenues totaled $1.8 million, which were $5,000 over budget. Revenues included $410,000 from a levy on property owners, $670,000 from the Gas Tax Fund and a $750,000 from the General Fund. Expenditures totaled $1.2 million, $672,000 less than the amended budget. This is primarily due salary Staff Report Subject: 2014-15 Year-End Financial Results and Budget Closing Page 4 of 6 savings from ongoing drought conditions that resulted in the redeployment of Public Works staff to other maintenance areas. Reserves as of the fiscal year ended June 30, 2015, totaled $1.2 million, and are restricted to fund future storm water infrastructure improvements. Service fee revenues remain capped in this fund without a ballot measure to increase assessed fees. Every two years, the City has an actuarial valuation prepared for its worker's compensation program. The updated actuarial valuation noted a significant uptick in liability due to an increase in the number of worker's compensation claims. In order to ensure that the City maintains an adequate reserve in the Self Insurance Fund to account for the worker's compensation liability, staff recommends that the City Council amend the budget to move $1.0 million from the City's Equipment Replacement Fund to the Self Insurance fund as part of this year end budget closing Resolution. At the end of the fiscal year ended June 30, 2015, the Equipment Replacement Fund will have a cash balance of$3.4 million after the $1.0 million transfer, which is adequate to meet the City's future equipment replacement needs. The Common Greens Fund consists of four Common Greens Maintenance Districts within the City. Revenues totaled $1.6 million, which were $230,000 more than the amended budget, due to unexpected revenues, such as supplemental secured property tax. Expenditures totaled $1.3 million, or $245,000 under budget as a result of salary savings. Fund balance as of the fiscal year ended June 30, 2015, was $1.8 million, which may be used for future capital or enhanced maintenance needs in the Common Green areas. The revenue for these Districts come from a share of the 1%property taxes throughout South San Francisco that would otherwise go to the General Fund. This is a somewhat unusual situation in California, and reflects the fact that the Common Greens were in place at the time Proposition 13 froze the relative property tax shares in place in 1978. Impact Fee Funds account for developer fees paid for projects within designated areas. The City's practice is to not budget for these revenues due to their one-time nature, and due to the fact that funds received will be budgeted in future years for capital improvements. Staff asks that the Council amend the budget in recognition of impact fees received in FY 2014-15, including $472,000 for East of 101 Sewer Impact Fees, $1.5 million for East of 101 Traffic Impact Fees, $228,000 for the Public Safety Impact Fee, $497,000 for the Child Care Impact Fee, and $354,000 for the Oyster Point Interchange Impact Fee. Including these revenues, balances are as follows as of the fiscal year ended June 30, 2015: Fund Ending Balance East of 101 Sewer Impact Fees (212,996) East of 101 Traffic Impact Fees 3,352,713 Public Safety Impact Fees 301,143 Child Care Impact Fees 2,466 749 Oyster Point Interchange Impact Fee 1,825 The East of 101 Sewer Impact Fees Fund negative balance as of the fiscal year ended June 30, 2015, is consistent with prior fiscal years, as this fund paid for infrastructure expenses up front. Revenue is recognized as deposit balances are used to issue permits, and the fund balance will continue to shift with future permit activity. Staff Report Subject: 2014-15 Year-End Financial Results and Budget Closing Page 5 of 6 At the end of each fiscal year, revenues from Oyster Point Interchange Impact Fees are transferred to the RDA Successor Agency fund to repay a loan for the Oyster Point Flyover Hookramps project, thus the low balance at the end of FY 2014-15. FISCAL IMPACT Reserves In FY 2014-15, total General Fund revenues were $87,255,719, while total General Fund expenditures were $80,357,600, which generated a surplus of $6,898,119. With the City Council's approval, the City's General Reserves ending balances as of the fiscal year ended June 30, 2015, are as follows: Surplus from FY2014-15 S 6,898,119 Description General Fund Reserves Infrastructure Reserve Caltrain Reserve Total General Reserves im FY 2013-14 Ending Balance $ 15,668,424 $ 11,161,000 S 26,829,424 Phis Unspent Purchase Orders&CIP 639,975 Commitment of Caltrain Funds (5,900,000) 5,900,000 Srnphis needed to frilly fend reserves 752,119 Subtotal,before adding remaining surplus $ 17,060,518 $ 5,261,000 $ 5,900,000 $ 28,221,518 Remaining stuplus 1 6,146,000 Add remaining surplus to Infrastnrcture Reserve 1 1 6,146,000 FY 2014-15 Ending Balance $ 17,060,518 $ 11,407,000 $ 5,900,000 $ 34,367,518 In accordance with the City's Reserves Policy, General Fund reserves were fully funded at $17.0 million. Staff recommends that $6.1 million in available funds be transferred to the Infrastructure Reserve, which would provide an available balance of $11.4 million, after accounting for the $5.9 million committed for the Caltrain Station Project. While the City's General Reserves are fully funded, the Infrastructure Reserve will only address a fraction of the City's infrastructure needs. Staff will present recommendations for use of the Infrastructure Reserves funds to the City Council in a future study session. CONCLUSION Taking the actions in the attached budget amendment resolution will allow staff to close the books on fiscal year 2014-15. Staff Report Subject: 2014-15 Year-End Financial Results and Budget Closing Page 6 of 6 Approved by Prepared by: ..........4�_ I,-,'-' ­_ 1 Richard Oe N,� Ake Futr-I Director of Finance City Manager Attachments: Resolution Closing FY 2014-15 Books General Fund, FY 2014-15 City Housing Fund, FY 2014-15 Affordable Housing Trust Fund, FY 2014-15 Sewer Enterprise Fund, FY 2014-15 Sewer Capacity Charges Fund, FY 2014-15 Parking District Fund, FY 2014-15 Storm Water Fund, FY 2014-15 Self Insurance Fund, FY 2014-15 Equipment Replacement Fund, FY 2014-15 Common Greens Funds, FY 2014-15 East of 101 Sewer Impact Fee Fund, FY 2014-15 East of 101 Traffic Impact Fee Fund, FY 2014-15 Public Safety Impact Fee Fund, FY 2014-15 Child Care Impact Fee Fund, FY 2014-15 Oyster Point Interchange Impact Fee Fund, FY 2014-15 FY 2014-15 Year End Presentation RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION APPROVING VARIOUS BUDGET ACTIONS THAT ALLOWS STAFF TO CLOSE THE BOOKS FOR FISCAL YEAR 2014-15 WHEREAS, staff recommends approving various budget actions as described in Attachment I, attached hereto , and incorporated into this Resolution by reference; and WHEREAS, such approval will result in General Fund Reserves of$17.06 million and an Infrastructure Reserve of$11.41 million as of June 30, 2015. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby approves the various budget actions as described in Attachment I, attached hereto, and incorporated into this Resolution by reference. BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to make any budget changes consistent with what is presented herein as recommended by the City of South San Francisco's external auditors for Fiscal Year 2014-15 in order to close the books for Fiscal Year 2014- 15. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the 18th day of November, 2015 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk 2352644.1 Page 1 YEAR END FY 2014-15 ATTACHMENT 1 SUMMARY OF ALL BUDGET AMENDMENT CHANGES FUND TYPE DESCRIPTION INCREASE/(DECREASE) AMOUNT EXCESS GENERAL FUND RESERVE TRANSFERRED TO GENERAL FUND TRANSFER OUT INFRASTRUCTURE RESERVE (6,134,920) TRANSFER OF EXCESS GENERAL FUND RESERVE TO INFRASTRUCTURE RESERVE TRANSFER IN INFRASTRUCTURE RESERVE 6,134,920 BROOKWOOD DEVELOPMENT EXPENDITURES(FUNDED CITY HOUSING FUND INCREASE BY HOUSING BOND PROCEEDS) 562,979 AFFORDABLE HOUSING FUND INCREASE INCREASE BUDGETTO RECOGNIZE REVENUE 31,291 E.101 SEWER IMPACT FEE INCREASE INCREASE BUDGETTO RECOGNIZE REVENUE 472,461 E.101TRAFFIC IMPACT FEE INCREASE INCREASE BUDGETTO RECOGNIZE REVENUE 1,462,604 PUBLIC SAFETY IMPACT FEE INCREASE INCREASE BUDGETTO RECOGNIZE REVENUE 228,138 CHILD CARE IMPACT FEE INCREASE INCREASE BUDGETTO RECOGNIZE REVENUE 496,507 OYSTERPOINT INTERCHANGE IMPACT FEE INCREASE INCREASE BUDGETTO RECOGNIZE REVENUE 353,592 SEWER CAPACITY CHARGES INCREASE INCREASE BUDGETTO RECOGNIZE REVENUE 210,189 EQUIPMENT REPLACEMENT TRANSFER OUT TRANSFER OUTTO SELF INSURANCE FUND 1,000,000 SELF INSURANCE FUND TRANSFER IN TRANSFER IN FROM EQUIPMENT REPLACEMENT FUND 1,000,000 Page 2 FY 2014-15 YEAR END GENERAL FUND OPERATING SUMMARY DRAFT Change from 2014-15 Amended Amended Actual Favorable/ % Revenues 2014-15 2014-15 (Unfavorable) Change Property Taxes 15,580,006 15,808,502 228,496 1.5% Former RDA Property Tax 4,500,000 4,837,627 337,627 7.5% ERAF Refund from County 2,433,700 2,433,729 29 0.0% Sales Tax 10,869,488 11,185,992 316,504 2.9% Triple Flip 4,114,522 4,098,020 (16,502) (0.4%) Transient Occupancy Tax 11,434,772 12,947,474 1,512,702 13.2% Business License 1,083,000 1,357,031 274,031 25.3% Commercial Parking Tax 2,746,400 3,149,134 402,734 14.7% Franchise Fees 3,248,000 3,743,656 495,656 15.3% Building and Fire Permits 3,746,854 4,795,159 1,048,305 28.0% Motor Veh.License&In-Lieu 5,385,045 5,551,651 166,606 3.1% Rev.from Other Agencies 2,170,535 1,986,116 (184,419) (8.5%) Charges for Services 7,181,337 7,330,000 148,663 2.1% Administrative Charges 1,365,265 1,365,265 - 0.0% Fines 1,088,500 1,221,413 132,913 12.2% Interest&Rent 2,931,500 2,865,351 (66,149) (2.3%) Transfers In&Other 2,920,605 2,579,597 (341,007) (11.7%) Add Prior Year Committed Reserves 4,623,197 /A /A Total Revenues 87,422,726 87,255,719 4,456,190 5.1% Change from 2014-15 Amended Amended Actual (Favorable)/ I % Expenditures 2014-15 2015-16 Unfavorable Change City Council 221,157 221,157 - 0.0% City Clerk 426,411 426,410 (1) (0.0%) City Treasurer 102,577 102,577 - 0.0% City Attorney 861,748 861,748 - 0.0% City Manager 1,241,375 1,223,158 (18,218) (1.5%) Finance 2,009,383 1,982,912 (26,471) (1.3%) Non-Departmental 1,138,949 1,075,053 (63,896) (5.6%) Human Resources 1,318,101 1,266,565 (51,536) (3.9%) Economic&Community Dev 4,798,606 4,246,016 (552,589) (11.5%) Fire 21,247,988 21,247,987 - 0.0% Police 23,671,827 23,512,557 (159,269) (0.7%) Public Works 5,069,990 4,564,493 (505,497) (10.0%) Library 4,302,686 4,247,645 (55,041) (1.3%) Parks&Recreation 11,851,926 11,826,409 (25,516) (0.2%) Transfers Out 6,022,944 3,552,910 (2,470,033) (41.0%) Total Expenditures 84,285,668 1 80,357,600 1 (3,928,067) (5.27/.) Net Operating Budget Impact 3,137,058 1 6,898,119 1 8,384,257 CITY HOUSING FUND I U I ll I l L uii uuuui�uiliiiiiouuiH'ui®III u� iu �.. � Housing Rental Revenue 157,518 1II 2165,6101II 1108,1109121 68.6% Investment Income and Loan Interest 37,000 66,328 29,328 79.3% Equity Sharing 15,000 - (15,000) (100.0%) Miscellaneous 1,000 500 (500) (50.0%) Brookwood escrow Account 996,696 996,696 - Loan Repayments* 490,000 1,247,290 757,290 154.5% Total Revenues 700,518 2,576,424 1,875,906 267.8% uiiiii'i ui�uldli'"iiii iu�u1 V1 ou u1 uu uulu lu1 iii"''im Housing Operating Expenses 329,391 170,840 (158,551) -48.1% 636 El Camino Retail Work 549,444 326,703 (222,741) -40.5% Brookwood Development - 562,979 562,979 - Total Expenditures 878,835 1,060,522 181,687 20.7% Surplus/(Deficit) (178,317) 1,515,902 Ending Fund Balance (86,303) 2,142,687 Escrow Account with Fiscal Agent - 433,717 Available Fund Balance (86,303) 1,708,971 *Note- Includes large Loan repayments from Mid-Peninsula Housing AFFORDABLE HOUSING TRUST FUND pluuiul!iiUll IIIII�IIIII 1111111111111 IUiiii u� Ill lilt 11 � IIII I 6� &L Developer Contributions 15,500 IIII 15,500 - Interest and Other Revenues - 15,791 15,791 - Total Revenues - 31,291 31,291 - Total Expenditures - - - - Surplus/(Deficit) - 31,291 31,291 - Fund Balance* 1,615,649 1,646,941 * Does not include $1,900,000 in property held for redevelopment SEWER FUND U � U � Illi liiiii l' uou miiiiii oil �II I liiiii uuuu���II I�� VIII VIII IIII i�iiVi"'i�uu�u uiuuu liiiii uuu ii�u iuiou lulu ri SSF Service Charge Revenue 20,263,85�5 19,758,128 (505,727) (2.5%) Other Agency Share of O&M Expenses 4,561,067 4,296,052 (265,015) (5.8%) Other Agency CIP Reimbursement 1,767,022 815,863 (951,159) (53.8%) Other Agency Loan Pymt Reimb 1,245,492 1,048,022 (197,470) (15.9%) Grants &CIP Contributions from Others 29,620 - (29,620) (100.0%) Interest/Other Income 245,000 228,385 (16,615) (6.8%) Transfers In 63,008 16,191 (46,817) (74.3%) Total Revenues 28,175,063 26,162,641 (2,012,423) (7.1%) VIIIuiiiiii uimui m "liii iu�ui mama uiuui mou a Viiii"''im Operating Expenses 16,704,117 16,370,632 (333,485) (2.0%) Debt Service 5,711,442 5,633,310 (78,132) (1.4%) CIP Budgeted Expenditures 7,882,863 2,880,290 (5,002,573) (63.5%) Transfers Out 1,585 - (1,585) (100.0%) Total Expenses 30,300,007 24,884,232 (5,415,776) (17.9%) Surplus/(Deficit) (2,124,944) 1,278,409 3,403,353 (160.2%) Preliminary cash balance 16,666,692 Adj between Net Income and Cash Bal. (265,858) Ending Fund Balance 13,263,339 16,400,834 Capital Reserves [1] 31829,000 3,829,000 - 0.0% Operating Reserves [2] 4,118,823 3,868,007 (250,816) (6.1%) Active CIP Projects - 5,002,573 5,002,573 97.1% Accrued Vacation/Sick Leave 201,790 201,790 - 0.0% All Other Reserves 124,761 124,761 - 0.0% The Sewer Fund consists of the Water Quality Control Plant Division,the Sewer Maintenance Division, anc capital project expenses. [1]The Capital Reserve is based on the State loan requirements and is 0.5%of the each loan amount from construction;thereafter the reserve must be maintained until the State loans are retired. After the State I the Capital Reserve will be based on the lesser of: 1) 10%of total principal due on debt, 2) 125%of the av( service, or 3)The maximum annual debt service. [2] The Operating Reserve is calculated based on at least 90 days of annualized operations and maintenar SEWER CAPACITY CHARGES pluuiul!iiUll IIIII�IIIII 1111111111111 IUiiii 11111��� ����ii11���°' Seewer Capacity Charges - 2110,1181111911111 21110,189 - Interest Revenue - 3,783 3,783 - Total Revenues - 213,972 213,972 - Interdepartmental Charges 2,500 2,500 - 0.0% Transfers Out to Sewer Fund - - - - Total Expenditures 2,500 2,500 - - Surplus/(Deficit) (2,500) 211,472 213,972 - Fund Balance 328,911 542,883 PARKING FUND pluuiul!iiUll IIIII�IIIII 1111111111111 IUiiii ® 111l11 uu l u� 11111; Charges III II -.I III IIILI for Services: Parking Permit Fees 95,000 98,795 3,795 4.0% Parking Meter Fees 555,000 664,249 109,249 19.7% Miller Ave Parking Garage 50,000 56,007 6,007 12.0% Interest/Other Income 10,000 12,652 2,652 26.5% Total Revenues 710,000 831,703 121,703 17.1% Payroll 328,995 281,180 (47,816) (14.5%) Supplies &Services 668,280 98,668 (569,612) (85.2%) Depreciation 259,087 Interdepartmental Charges 103,726 103,726 - 0.0% Total Expenditures 1,101,002 742,660 (617,428) (56.1%) Surplus/(Deficit) (391,002) 89,043 (495,725) 126.8% Fund Balance 1,293,327 1,640,870 STORM WATER FUND IIIIIIII III III: ® � I�III III �II�� III III III II II� � mllouuum uII m mmluiii"''im m m uuum"'illuuu uuum m uuumi i o� m m uuiim i u i I I Administrative Fines 5,000 2,100 (2,900) -58.0% Service Charges 405,000 405,537 537 0.1% Transfer In from Gas Tax/Measure M 670,000 670,000 - 0.0% Transfer In from General Fund 750,000 750,000 - 0.0% Interest and Other - 7,392 7,392 - Total Revenues 1,830,000 1,835,029 5,029 0.3% Operating Expenses 1,511,255 1,072,243 (439,012) -29.0% Capital Improvements 401,418 168,311 (233,107) -58.1% Total Expenditures 1,912,673 1,240,554 (672,119) -35.1% Surplus/(Deficit) (82,673) 594,475 Adj between Net Income and Cash Bal. 43,319 Fund Balance 442,303 1,162,770 SELF INSURANCE FUND uuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuu IIViI uu uouluiii"''i �u�uV"illuu�u uuuiu` ' "� i, � I��IIIII � � I�� I II�� �. u� ui uuuui uuuu ICharges for Services (3,029) (3,029) Use of Money& Property 75,000 87,826 12,826 17.1% Other Revenue 3,385,285 4,299,920 914,635 27.0% Transfers In - 1,000,000 1,000,000 - Total Revenues 3,460,285 5,384,717 1,924,432 - Payroll 650,000 1,201,541 551,541 84.9 Supplies &Services 2,685,000 3,883,453 1,198,453 44.6% Interdepartmental Charges - 213,187 213,187 - Total Expenditures 3,335,000 5,298,181 1,963,181 58.9% Surplus/(Deficit) 125,285 86,536 (38,749) (30.9%) Fund Balance 861,323 821,645 EQUIPMENT REPLACEMENT FUND Illllulu IIII�III IIIIIIII IIII 1111111 IIIIIIIIIIIII1011IIIIIIIII 111111 IIIIIIII Im�llmllllllll�lllm 111111 VIII mium muuu�ml mlil 111111 Imll Illlllll�lllm 111111 IIII 1111111IIIIIIIII IIIIIOII IIIIIIIIIi ��� Use of Money& Property 95,000 102,91111611 7,916 8.3% Lease Financing 631,419 631,419 - 0.0% Charges to Other Departments 1,046,213 1,046,213 - 0.0% Donations - - - - Total Revenues 1,772,632 1,780,548 7,916 0.4% uiiiolmmm,m .. mm 111 a '..... Supplies&Services - (418,641) (418,641) Capital Outlay 1,329,415 718,028 (611,387) (46.0%) Debt Service on Leases 631,419 607,749 (23,670) (3.7%) Special Program Expenditure 440,000 23,670 (416,330) (94.6%) Subtotal 2,400,834 930,806 (1,470,028) (61.25v.) Transfers Out to GF for MMP 13,000 13,000 - - Transfers Out to CIP - 8,708 8,708 - Transfers Out to Self-Insurance - 1,000,000 1,000,000 - Total Expenditures 2,413,834 1,952,514 (461,320) (19.1%) Surplus/(Deficit) (641,202) (171,966) 469,236 (73.2%) Difference between income statement and cash flow (143,046) Cash Balance 3,098,320 3,424,511 COMMON GREENS FUNDS . ., mom um m r� uuu III 11111111 VV miu V1111111111111 1 VVV VV VI E�I i u II II � I iii lllm III II I III ,F^ m„ VVm"iYmVi VV VVmEiu VVVVUiui mllllllli imVV V VV ViVV V VVuEd Property Taxes West Park 3 658,957 751,777 92,820 14.1% Property Taxes Stonegate Ridge 224,239 260,377 36,138 16.1% Property Taxes Willow Gardens 45,920 80,766 34,846 75.9% Property Taxes West Park 1 2 411,618 477,868 66,250 16.1% Total Revenues 1,340,734 1,570,788 230,054 17.2% uiiiil umm'u°Ill llilll llllll uoiulullii mourn umu um West Park 3 936,823 828,607 (108,215) -11.6% Stonegate Ridge 172,991 133,652 (39,340) -22.7% Willow Gardens 55,057 40,965 (14,091) -25.6% West Park 1&2 419,539 335,762 (83,777) -20.0% Total Maintenance Expenditures 1,584,410 1,338,987 (245,423) -15.5% CIP Expenditures 90,000 13,574 50,000 55.6% Total Expenditures 1,674,410 1,352,561 (195,423) 40.1% Surplus/(Deficit) (333,676) 218,227 Fund Balance 1,249,784 1,800,416 E. OF 101 SEWER IMPACT FEES FUND mll i uilll�ou u����� uouluili°''� III�IIII ICI VIII IIIIII� ��� ��� i( �� uidou III I III III I II ����� ������ H'I uuu uiH'i ou iui ui�®��.. USE OF MONEY& PROPERTY $ 1211,8371III 0.0% East of 101 Sewer Impact Fees 459,624 459,624 0.0% Total Revenues - 472,461 472,461 Indepartmental Charges 2,500 2,500 (0) (0.0%) Transfer to General Fund - 0.0% Transfer to Sewer Enterprise Fund 63,008 16,191 (46,817) (74.3%) Total Expenditures 65,508 18,691 (46,817) (71.5%) Surplus/(Deficit) (65,508) 453,770 Fund Balance (685,325) (212,996) E. OF 101 TRAFFIC IMPACT FEES mll i lilll�ol��� Illluili°''� III�IIIL ICI VIII IIIIII I(I � III I III VI I II ��� ������ I uuu ui�i lu iui ui® .. (East of 11101 Traffic Impact Fees 1,411,851 4111,851 USE OF MONEY& PROPERTY 50,753 50,753 - Total Revenues - 1,462,604 1,462,604 - Interdepartmental Charges - 2,500 2,500 - Transfer to Capital Improvement 4,819,889 2,311,180 (2,508,709) (52.0%) Total Expenditures 4,819,889 2,313,680 (2,506,209) (52.0%) Surplus/(Deficit) (4,819,889) (851,076) Change in Committed Reserves 2,210,639 Fund Balance (2,826,739) 3,352,713 PUBLIC SAFETY IMPACT FEE u� uuuu uu uuuu uuuu u� i Public Safety Impact Fee 2126,7461 226,746 lllll USE OF MONEY& PROPERTY 1,392 1,392 - Total Revenues - 228,138 228,138 Interdepartmental Charges - - Transfer to Capital Improvement - - Total Expenditures - - - - Surplus/(Deficit) - 228,138 Fund Balance 73,005 301,143 CHILD CARE IMPACT FEE ul uuuu uu uuuul uuuu ul i uChild Care Impact Fees 477,806 477,ul8Oulu6 USE OF MONEY& PROPERTY 18,701 18,701 - Total Revenues - 496,507 496,507 - Interdepartmental Charges 2,500 2,500 (0) - Transfer to City Programs Transfer to Capital Infrastructure Total Expenditures 2,500 2,500 (0) - Surplus/(Deficit) (2,500) 494,007 Fund Balance 1,970,242 2,466,749 OYSTER POINT INTERCHANGE IMPACT FEE FUND Illiil uu uuuViiii"''i u�iV"illuu�u, "� IIIII i�® i ui�i�i"'illmi�uu °� uuuu iu�ui uuum u�ui �������� u� uuuu uu uuuu uuuu u� i lOyster Point Interchange Impact Fees 352,410 352,410 IIIII USE OF MONEY& PROPERTY 1,182 1,182 - Total Revenues - 353,592 353,592 - Supplies and Services 52,561 - Debt Service Principal 352,674 352,674 - - Total Expenditures 405,235 352,674 - - Surplus/(Deficit) (405,235) 918 Fund Balance (404,328) 1,825 � u 1 7 ti Ff Iff tu J 'T Al ff, 71 / r / Y ° � dry M � 11", 1 LU r W u �� � � � �ua 'Lt K. y ,W s r CC ,. 1 s DNS s m �l � al.,' ILL qy � �, � ���+ IGIIIIIIIIIIIIIIIIIIII III ,"" / " l i � /a I f sl�lu+d lii � ° II ........... .... 11 ry Al G �" ,l� �` i �OOOOOOOOIIIIIIC6tll�ll�1�6NII10111Q�000001 � ;/������`' ® �r j ids Al I/ age " i I " � ` II IIIIII�ry r �i r✓ / nl �G 6 � f� r ! %/i �� i ria � i, r n '' VVVVVVI I Y r , a i r r r `� � ��� �onrw'°n"n ✓ a i At i"Al 000 LWI iS cm Ott' � l% /i�riiii/% ' i QD' w yet 0 fff 1U,VJ1IVJ ✓ r �ru / rrr �. � 1 r." r//lJ/�'�r,�l.� ':,%r ✓ i; � }U rn 1 iii, % , Y P. � r w/ rrrr ✓JJt WIn�,W�,(1(NN/r✓/fyJfllf��✓l//li rf/��f��r���f�f�� ����J r // f'.� ��JPJ`J�/ ti i I t o � y ro N II r Ell I 11"40 cu Man COX 00.00 Cz V) I { r �,r LSD �✓ �7 yr, r�/� r iYr , r ' y I r Y O ;. ; � � H �I LL U.r �r r iwiwwrw rb a✓ri�... 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X l �i y � j/ANr r , , ii � ii� zlpob �itaff RCII�Vort DATE: November 18, 2{115 TO: Mayor, Vice Mayor, and Councilmembers FROM: Brian McMinn, Public Works Director/City Engineer SUBJECT: RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH THE PENINSULA CORRIDOR JOINT POWERS BOARD FOR THE SOUTH SAN FRANCISCO CALTRAIN STATION IMPROVEMENT PROJECT AND AMENDING THE 2015-2016 CAPITAL IMPROVEMENT PROGRAM BUDGET RECOMMENDATION It is recommended that the City Council adopt a resolution approving a Cooperative Agreement with Peninsula Corridor Joint Powers Board ("PCJPB") for funding of the South San Francisco Caltrain Station Improvement Project,authorize the City Manager to execute the Cooperative Agreement, and amend the 2015-2016 Capital Improvement Program budget appropriating $5!9 million dollars in previously committed funds. BACKGROUND/DISCUSSION The South San Francisco Caltrain Station Improvement Project(Project)will realign the current commuter rail station on Dubuque Avenue to allow easier pedestrian access to downtown,provide for a better link between the east of Highway 101 employers and the downtown, improve employee shuttle access to the station,as well as improve station safety and disabled access. This Project will be managed by the Peninsula Corridor Joint Powers Board(PCJPB)and it is included in the Caltrain Short-Range Transit Plan (SRTP). The Project is also a cornerstone of the Downtown Station Area Specific Plan which encourages transit-oriented development. Cooperative Agreement fbr Project Punding In December of 201.4, the City of South San Francisco submitted a request to the San Mateo County Transit Authority ("TA") for County Measure A funds in order to complete the Project. On January 1.4, 2015, the City Council committed $5.9 million dollars from the City's infrastructure reserves in matching funds(10%of the remaining project cost)for the Project. The TA responded on February 8, 2015 by allocating $49.1 million dollars to complete the funding needed to finish the design and construction of the Project. The attached draft of the Cooperative Agreement outlines how the committed funds will be invoiced and paid by the City. The Cooperative Agreement stipulates that if there are anticipated cost increases,the City and the PCJPB will negotiate how to fund the increase or reduce the scope of the project. There is no stated commitment in the Cooperative Agreement to increase the City's Staff Report Subject: RESOLUTION APPROVING.A.COOPERATIVE AGREEMENT WITH THE PENINSULA CORRIDOR JOINT POWERS BOARD FOR THE SOUTH SAN FRANCISCO CALTRAIN STATION IMPROVEMENT PROJECT AND AMENDING THE 2015-2016 CAPITAL IMPROVEMENT PROGRAM BUDGET Page 2 of 3 contribution beyond $5.9 million dollars, and In the event of any such eventualities and discussions, City Council review and approval will be needed. If the Project is under budget,the City will see a reduction in contribution amounting to 10% of the Project savings. Similarly, if grant funding is secured for the Project scope, each parties contribution will be reduced proportionately based upon the percentage of project funding committed by each agency earlier this year. Project Update The PCJPB is the lead agency in design and construction for the Station, as they have for all stations on the Peninsula. The PCJPB staff is currently evaluating the Project site to account for any changed conditions. They are also making changes to the plans and specifications to accommodate electrification and to ensure that adjustments can be made to stairways and access ramps to accommodate any boarding height scenarios related to rail car selection. This effort is scheduled for completion in February 2016, PCJPB negotiations continue with Union Pacific to clear the right of way for construction. PCJPB's procurement process to select the construction contractor will take approximately six months with start of construction projected for the 4`h quarter of 2016. Construction is estimated to take two years with completion in late 2018. City staff is preparing a request for proposals to select an urban design/landscape architect to develop design elements for the pedestrian and bicyclist station entry plazas. There will be opportunities for community and City Council input on the design elements prior to establishing standards. The goal is to blend consistent elements from future downtown improvements for a seamless transition to the train station. City staff is concurrently working with PCJPB staff to determine the best way to incorporate possible construction of design elements into the project plans and construction phasing. FUNDING Approval of the Cooperative Agreement for project funding will allow for the necessary transfers of funds to take place, The City's $5.9 million dollar contribution was committed from Infrastructure Reserve funds at the January 14,2015 City Council meeting. Appropriation of the committed funds to the 2015-2016 Capital Improvement Program (CIP) will allow for disbursement of those funds. Funding for the design of the plaza entry elements is included in the City of South San Francisco's 2015-2016 CIP. Per the draft Cooperative Agreement, any proposed enhancements to the entry plaza that represent a significant change to the project scope or cost would have to be negotiated with the possibility of an increased city contribution to funding. Staff will keep the Council apprised of developments as we become aware of them. Staff Report Subject: RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH THE PENINSULA CORRIDOR JOINT POWERS BOARD FOR THE SOUTH SAN FRANCISCO CALTRAIN STATION IMPROVEMENT PROJECT AND AMENDING THE 2015-2016 CAPITAL IMPROVEMENT PROGRAM BUDGET Page 3 of 3 CONCLUSION Approval of the resolution will authorize the City Manager to execute a Cooperative Agreement with the PCJPB. The agreement will allow the City to transfer up to$5.9 million dollars in project funding to the PCJPB. N. By Approve( Brian McMinn Mike Fu rel Director of Public Works/City Engineer City Manager Attachment: Resolution Draft Form of Agreement PCJPB Staff Report and Resolution Presentation Slides brn RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA RESOLUTION APPROVING A COOPERATIVE AGREEMENT WITH THE PENINSULA CORRIDOR JOINT POWERS BOARD FOR THE SOUTH SAN FRANCISCO CALTRAIN STATION IMPROVEMENT PROJECT AND AMENDING THE 2015-2016 CAPITAL IMPROVEMENT PROGRAM BUDGET WHEREAS, the City of South San Francisco ("City") and the Peninsula Corridor Joint Powers Board ("PCJPB") seek to reconstruct the South San Francisco Caltrain Station in order to provide a new platform and track configurations, to eliminate the hold-out rule, to accommodate longer trains,and to include the construction of a new pedestrian underpass connecting the west and cast sides of South San Francisco allowing for safe and convenient bike and pedestrian passage (Project); and WHEREAS, the City Council for the City of South San Francisco has committed $5.9 million dollars to the project at its January 14, 2015 City Council meeting; and WHEREAS,the San Mateo County Transit Authority has allocated$49.1 million dollars to the Project; and WHEREAS,the Cooperative Agreement for the South San Francisco Caltrain station project ("Cooperative Agreement") must be executed between the City; and WHEREAS,pursuant to the Cooperative Agreement,the PCJPl3 will perform or contract for the performance of all services,and provide all services and materials required for completion of the Project; and WHEREAS, City staff recommends approval of the Cooperative Agreement for Project funding between the PCJPB, and the City, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the Cooperative Agreement for funding of the South San Francisco Caltrain Station reconstruction between the City and the Peninsula Corridor Joint Powers Board, BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that $5.9 million dollars is hereby appropriated from the City's Infrastructure Reserve Fund to the Capital Improvement Project Fund in order to fund the City's funding obligation under this Cooperative Agreement. BE IT FURTHER RESOLVED by the City Council of the City of South San Francisco that the City Manager is hereby authorized to execute the Cooperative Agreement on behalf of the City Council of the City of South San Francisco, subject to approval as to form by the City Attorney,and to take any other required action consistent with the intent of this resolution. - I - I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco at a regular meeting held on the l8th day of November, 2015 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: City Clerk - 2 - COOPERATIVE AGREEMENT FOR FUNDING OF IMPROVEMENTS TO CALTRAIN RAIL INFRASTRUCTURE AT THE SOUTH SAN FRANCISCO CALTRAIN STATION This Cooperative Agreeiventfor the South San Francisco Caltrain station ("Agreement") is entered into on XXX, 2015 between the Peninsula Corridor Joint Powers Board ("PCJPB") and the City of South San Francisco ("SSF"), each of wl-iich is referred to herein individually as "Party"and jointly as "Parties." RECITALS WHEREAS, the PCJPB is a public agency existing under the laws of the State of California and operates commuter rail passenger service ("Caltrain") between San Francisco and Gilroy California, and owns, operates and provides rail service to a station in South San Francisco ("South San Francisco Caltrain Station" or "Station"), and WHEREAS, SSF is a municipal corporation in the State of California; and WHEREAS, the Parties desire the PCJPB to reconstruct the South San Francisco Caltrain Station ("Project"); and WHEREAS, the Project will entail design, project management, construction management, construction engineering and reconstruction of the Station; and WHEREAS, the PCJPB agrees to perform or contract for the performance of all services, and provide all materials required, for completion of the Project; and WHEREAS, PCJPB, will own and maintain all Station improvements and other facilities constructed as part of the Project; and WHEREAS, to facilitate the completion of the Project, SSF agrees to provide partial funding for the Project; and WHEREAS, pursuant to its Downtown Plan and in concert with the Project, SSF intends to build a vibrant and diverse downtown surrounding the Station that includes pedestrian and bicycle improvements, high-density,development, and mixed land uses ("Downtown Plan Work"); and WHEREAS, on [DATE], the PCJPB's Board of Directors, by Resolution XXXX-XX, approved this Agreement; and WHEREAS, on [DATE], the SSF City Council, by Resolution XXXX-XX- approved this Agreement. NOW THEREFORE, in consideration of the mutual benefits and obligations herein, the PCJPB and SSF agree as follows: 1 11153783.1 I. PROJECT DESCRIPTION, SCOPE, SCHEDULE, AND DELIVERABLES. a. Description. The Project shall. consist of the design, project management, construction management, and construction of Station infrastructure that meets current'Caltrain standards, including the construction of a new center platform and bike/pedestrian underpass to eliminate the "Hold-Out-Rule." b. Scope of Work. The Project shall reconstruct Caltrain infrastructure at the Station including: an extension and reconfiguration of Station platforms and facilities approximately 700 feet to the south; construction of a new center platform; a new pedestrian and bicycle undercrossing between the east and west sides of the Station; new shuttle pick-up area on the east side ofthe Station, signalized at-grade pedestrian crossing at the north end ofthe Station, and a new pedestrian and bicycle tunnel entry plaza.on the west side of the Station,- The PCJPB shall provide all planning, design, construction, project management, construction management, inspection and administration necessary to complete the Project. Other elements of the Downtown Plan Work that are not on the Station property are not part of the Project or Project Scope of Work. C. Project Schedule, The Project is anticipated to be completed by December 31, 2017. Consistent with the projected completion date, a Project schedule will be prepared and approved solely by the PCJPB. PCJPB will use its best efforts to conform to the schedule, work cooperatively with SSF throughout the Project and inform SSF of Project-related scheduling and an),project related delays. d. Status Reports. The PCJPB shall keep SSF staff aware of the progress of the Project through quarterly written status reports.. e. Project Completion Deliverables/Final Acre Lance. PCJPB shall provide SSF with a copy of the notice of completion of the Project. Prior to the completion date, the PCJPB shall notify SSF of the final acceptance inspection. 2. FUNDING OF PROJECT. a. Project Cost and Funding. i. The total coast of the Project is $59m, of which $4m had previously been expended to complete environmental and final design for the Project. The funding needed to complete the Project is $55m, which is made up of$5.9m from SSF, or 10% of the total project cost, and $49.1m of SMCTA Measure A funds. ii. Should the total project cost exceed $59,100,000 and both parties agree they are reasonable cost increases, the two parties shall negotiate as to how to fund 2 a a 153783.; the cost increase, or reduce the scope of the project in order to bring the cost back to $59,100,000, or below. b. SSF Contribution to Project. i. SSF shall reimburse the PCJPB up ten percent (10%) of the totalProject costs, and in an amount not to exceed '$5,900,000, in the manner described below. ii. In the event the Project receives additional funds above and beyond the $5.9m of SSF and $49.1m of SMCTA funds after the execution of this agreement, SSF's and S +CTA's combined contribution would be reduced by the amount of grant funds secured, 10% for SSF and 90% for SMCTA. iii. SSF agrees to pay the PCJPB, on a quarterly basis, ten percent (10%) of the Project costs incurred the prior quarter until the total payments reach SSF's maximum obligation ($5,900;000 or a reduced amount calculated as set forth in paragraph (ii), above) or ten percent (10%) of the total Project cost, whichever is less. In each month following the end of a fiscal quarter, the PCJPB shall provide SSF a billing statement showing actual Project costs incurred and paid for by PCJPB, other grant funds used for the Project, and SSF payments to date. PCJPB will enclose appropriate supporting documentation with the billing statement to substantiate actual Project costs. SSF shall review the billing statement and remit the amount due within no more than thirty (30) calendar days of receipt of the billing statement. To the extent SSF's payments over the term of this Agreement are less than SSF's maximum obligation or ten percent (10%) of the total Project coast, the PC"JPB's final billing statement shall reflect, and SSF shall pay, the amount necessary such that the total of SSF's payments equal the lesser of SSF's maximum obligation or ten percent (10%) of the total Project cost. 3. INDEMNIFICATION. a. The PCJPB shall indemnify, keep and save harmless SSF and its councilmembers, officers, agents and employees (collectively, "Indemnitees") against any and all suits, claims or actions arising out of any act or omission by the PCJPB, its agents, employees, contractors or subcontractors in connection with of the following: i. Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of the Project or implementation of this Agreement, or ii. Any allegation that materials or services developed,provided or used for the Project infringe or violate any copyright, trademark, patent, trade secret, or any other intellectual-property or proprietary right of any third party. b. SSF shall indemnify, keep and save harmless the PCJPB, as well as the San .Mateo County Transit District, the Santa Clara Valley Transportation Authority, the City and 3 11153783.1 County of San Francisco, TransitAmerica Services, Inc. or any successor Operator of the Service, and the Union Pacific Railroad Company and each of their and its directors, officers, agents and employees (collectively, "Indemnitees") against any and all suits, claims or actions arising out of any act or omission by SSF, its agents, employees, contractors or subcontractors in connection with of the following: i. Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of the Project, the Downtown Plan Work or implementation of this Agreement; or ii. Any allegation that materials or services developed,provided or used for the Project or the Downtown Plan Work infringe or violate any copyright, tradernark, patent,trade secret, or any other intellectual-property or proprietary right of any third party. c. In case of any and all suits, claims or actions arising out of any act or omission by an indemnifying Party or its agents, employees, contractors or subcontractors, each indemnifying Party further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses of the other Parties and other Indemnitees as they are incurred. If any judgment is rendered, or settlement reached, against any Indemnitees in any such action, the indemnifying Party will, at its expense, satisfy and discharge the same. d. This indemnification shall survive termination or expiration of this Agreement. 4. TERM. a. This Agreement shall commence on and will terminate upon the earlier/later of 5. AUDIT AND RECORDS. a. The PCJPB and SSF shall maintain, and shall require their contractors to maintain, in accordance with generally accepted accounting principles and practices, complete books, accounts, records and data pertaining to services performed under this Agreement, including the costs of contract administration. Such documentation shall be supported by properly executed payrolls, invoices, contracts and vouchers evidencing in detail the nature and propriety of any charges and sufficient to allow a proper audit of services. All checks, payrolls, invoices, contracts and other accounting documents pertaining in whole or in part to the services shall be clearly identified and readily accessible. b. For the duration of the Agreement, and for a period of three years after final payment, SSF, and its representatives shall have access during non-nal business hours to any books, accounts, records, data and other relevant documents that are pertinent to this Agreement for audits, examinations, excerpts, and transactions and copies thereof shall be furnished upon request. 4 11153783.1 6. NOTICES. a. All notices required or permitted under this Agreement shall be given by first class email to the Parties designated below or to another person as the Parties may designate in writing from time to time. SSF: City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 Attn: PC.1PB: Peninsula Corridor Joint Powers Board 1250 San Carlos Avenue Sari Carlos, CA 9400 Attn April Chan, Chief Officer, Planning, Grants and Transportation Authority 7. MISCELLANEOUS PROVISIONS. a. Entire Agreement. This Agreement constitutes the entire agreement between the Panties pertaining to the subject matter contained therein and supersedes all prior or contemporaneous agreements, representations and understandings of the Parties relative thereto. b. Headings. The subject headings of the articles and paragraphs in this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. C. Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, all remaining portions of the Agreement, or the application thereof, will remain in full force and effect. d. Construction and Intc retation of Agreement. This Agreement, and each of its provisions, terms and conditions, has been reached as a result of negotiations between the Parties. Accordingly, each Party expressly acknowledges and agrees that: this Agreement shall not be deemed to have been authored, prepared, or drafted by any particular Party; and that the rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be employed in the interpretation of this Agreement or in the resolution of disputes. 5 11153783.1 C. No Waiver. No waiver of any default or breach of any covenant of this Agreement by either Party can be implied from any omission by the other Party to take action on account of such default if such default persists or is repeated. Express waivers are limited in scope and duration to their express provisions. Consent to one action does not imply consent to any future action. f. Modifications. This Agreement may only be modified in a writing executed by both Parties. 9. Successors and..Assigi ns. No Party can assign, transfer or otherwise substitute its interests or obligations under this Agreement without the written consent of the other Party. h. Governing Law. This Agreement is governed by the laws of the State of California as applied to contracts that are made and performed entirely in California. i. Compliance with Applicable Law. In the performance of services hereunder, the PCJPB and its contractors shall comply with all applicable requirements of state, federal and local laws and regulations. j. Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, studies, memoranda, and other documents assembled for or prepared by or for the PCJPB relative to the Project are the sole property of the JPB unless otherwise agreed upon by the PCJPB. k, Non-discrimination. The Parties and any contractors performing services on behalf of the Parties will not discriminate or permit discrimination against any person or group of persons on the basis of race, color,religion, national origin or ancestry, age, sex, sexual orientation,marital status, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran's status, or in any manner prohibited by federal, state or local laws. 1. Attorneys' lees, In the event legal proceedings are instituted to enforce any provision of this Agreement, the prevailing Party in said proceedings is entitled to its costs, including reasonable attorneys' fees. in. Relationship of the Parties. It is understood that this is an Agreement by and between independent contractors and does not create the relationship of agent, servant, employee, partnership,joint venture or association, or any other relationship other than that of independent contractor. n. Warranty of Authority to Execute Agreement. Each Party to this Agreement represents and warrants that each person whose signature appears hereon is authorized and has the full authority to execute this Agreement on behalf of the entity that is a Party to this Agreement, 6 11153783.1 IN WITNESS WHEREOF, SSF and the PCJPB have entered into this Agreement as of the date first noted above. CITY OF SOUTH SAN FRANCISCO By: Name: Mike Futrell. Its: City Manager Approved as to Form, Legal Counsel for the SSF PENINSULA CORRIDOR JOINT POWERS BOARD By: Name: Jim Hartnett Its: Executive Director Attest: PCJPB Secretary Approved as to Form:. Legal Counsel for the PCJPB 7 11153783.1 AGENDA ITEM # 14 OCTOBER 1, 2015 PENINSULA CORRIDOR JOINT POWERS BOARD STAFF REPORT TO: Joint Powers Board THROUGH: Jim Hartnett Executive Director FROM, April Chan Chief Officer, Planning, Grants and Transportation Authority SUBJECT: AUTHORIZATION TO ENTER INTO COOPERATIVE AGREEMENT WITH THE CITY OF SOUTH SAN FRANCISCO TO RECEIVE$51.9 MI,LLION IN FUNDING FOR THE SOUTH SAN FRANCISCO CALTRAIN STATION PROJECT ACTION The Staff Coordinating Council recommends the Board authorize the Executive Director, or his designee, to enter into a cooperative agreement with the city of South San Francisco for the Peninsula Corridor Joint Powers Board (JPB) to receive $5.9 million for the reconstruction of the South Son Francisco CaWain Station (Project). SIGNIFICANCE In February 2015, the San Mateo County Transportation Auf hority (SMCTA) allocated $49.1 million and South Son Francisco pledged $5.9 million in local matching funds to fully fund construction of the Project. The (Project will provide a new platform and track configuration to eliminate the hold-out rule and to accommodate longer trains. The Project will also include the construction of a new pedestrian underpass connecting the west and east sides of South Son Francisco, allowing for safe and convenient bicycle and pedestrian passage. To receive the $5.9 million, the JPB must authorize the Executive Director, or his designee, to enter into an agreement with South San Francisco, BUDGET IMPACT There is no budget impact associated with this action, The $5,9 million from the city of South Son Francisco is included in the Fiscal Year 2016 Capital Budget, BACKGROUND The South Son Francisco station is one of four remaining Calfrair stations (along with Atherton, Broadway, and College Park) that are subject to a safety precaution and operational constraint known as the "hold-out rule," Under the hold-out rule, when a train is in the station, another train is prohibited from entering the station, The SMCTA previously allocated funds to complete f he 95 percent design and engineering of the Project. The Project is consistent with the South San Francisco Downtown Station Area Plan, and would support their planned economic development in the vicinity of the station. Prepared by: Peter Skinner, Senior Grants Analyst 650.622.7818 11554251,1 RESOLUTION NO. 2,015 - 56 BOARD OF DIRECTORS, PENINSULA CORRIDOR JOINT' PO'K'ERS BOARD STATE OF CALIFORNIA AUTHORIZING A COOPERATIVE AGREEMENT WITH THE CITY OF SOUTH SAN FRANCISCO TO RECEIVE $5.9 MILLION IN FUNDING FOR THE SOUTH SAN FRANCISCO CALTRAIN STATION PROJECT WHEREAS, the Peninsula Corridor Joint Powers Board (JPB) is a public agency under the laws of the State of California and operates commuter rail passenger service (Caltrain) between Son Francisco Station and Gilroy Station; and WHEREAS, the city of South Son Francisco is a public agency located adjacent to the Caltrain commuter rail line; and WHEREAS, the parties desire the JPB to reconstruct the South San Francisco Caltrain Station to provide a new platform and track configuration to eliminate the hold-out rule, accommodate longer trains, and include the construction of a new pedestrian underpass connecting the west and east sides of South San Francisco, allowing for safe and convenient bike and pedestrian passage (Project); and WHEREAS, the San Mateo County Transportation Authority has allocated $49.1 million to the Project, and WHEREAS, South San Francisco agrees to provide $5.9 million to fully fund construction of the Project; and WHEREAS, the JPB agrees to provide all services and materials required for completion of the Project, and WHEREAS, the Staff Coordinating Council recommends that the JPB Board of Directors delegate author°ty to the Executive Director, or his designee, to execute a cooperative agreement with South San Francisco to provide funding for the Project, Page 1 of 2 11 554425.1 and to take any other actions necessary for the purpose of obtaining funding from South San Francisco. NOW, THEREFORE, BE IT RESOLVED that the Board of Directors of the JPB authorizes the Executive Director, or his designee, to execute a cooperative agreement with the city of South San Francisco for South Son Francisco to provide $5,9 million iin funding for the South Son Francisco Calfrcin Station Project, and to take any other actions necessary to obtain the subject funding from South Son Francisco, Regularly passed and adopted this Is' day of October, 2015 by the following vote: AYES: CISNEROS , COVEN , KALRA , WOODWARD, YEAGER , TISSIER NOES., NONE ABSENT: GEE, GUILBAULT, NOLAN air, ninsula Corridor Joint Powers Board ATTEST: JPB Secretary Poge 2 of 2 11554425.1 i A � 04 0 04 14 0 byO . � Cd 0 CID V) CL 3 SAM CMA ol c: CL VT U-1 Ln CD o 38 o Ewl 0 ON 0 Iwo a 0 0 r+ 0 VV 3 3 IV) 3 mt 3 cu CL 0 cr SM OWN rt (D owl 00 Cmi , Ch , CRI W CD C1. W m , OXI Ln al W W , , rt m LA lot C: o 3 CL aq V) cu o aQ CL 3 CD cu lr+ w im a r � m i i n CD 0 zz .q 25 //i'i > d G7� 0 rt+ 1 t a cap cn r J br i / CIA Inv / I .,p ral / A G� I v A ' rf q` j rye e � .,- .....,. r V i � I u IIII 4f,e e / d IcwFN;pµwy k�c; ff' ` P ar � % J / / d r� %�; r � � i �/� r lr �� All NO ........./,U//,;,//,�Z�Z a-,//j" NO 1.0/o/F llll/�/5511,011 fm I I V J � � /err "1 fr III19Vni��ul�l������li �� M ➢ AI' CL rt "; Ir�r r/ti i� r/ � / �! / ���/ d1 i✓ / jr r Yl CU X -I 0 (D 0 • °• CL cu 0 CL -• CD • (D 0 rD 3 rD - CD 0 0 C® ET 3 3 cu N w CD - n rD 0 n rD r ul Ca rD CL rD Stanff Re ort DATE: November 18, 2015 TO: Mayor, Vice Mayor, and Councihnembers FROM: Brian McMinn, Director of Public Works/City Engineer SUBJECT: INTRODUCTION OF AN ORDINANCE ESTABLISHING AN UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY AND PRESENTATION OF A LIST OF POTENTIAL FUTURE UNDERGROUND UTILITY PROJECTS (CIP PROJECT NO. ST1204) RECOMMENDATION It is recommended that the City Council hold a public hearing and then introduce an ordinance that will establish an underground utility district along Spruce Avenue between Railroad Avenue and Spruce Elementary School between Lux Avenue and Park Way and receive a list of potential future underground utility projects. BACKGROUND On September 16, 2015, the City Council held a study session to discuss establishing an underground utility district along Spruce Avenue from Railroad Avenue to Park Way. The presentation and discussion covered the following items: • Regulatory Background -- California Public Utilities Commission (CPUC) Rule 20A. (attached)rewires PG&E to allocate work credits to local agencies to fund PG&E's share of undergrounding costs. CPUC Rule 32 requires communication utilities within an established district to cooperatively follow PG&E's lead and fund their share of the undergrounding costs. 'South San Francisco:Municipal Code Chapter 13,16 authorizes the Council to hold a public hearing to ascertain if public necessity,health, safety,or welfare requires overhead utility removal and specifies mailing notice to affected property owners and utilities at least thirty(30) days before such hearing. • Qualifying Criteria To qualify for Rule 20A and Rule 32 funding by the utilities, projects must be in the general public interest for one or more of the following reasons: (1)undergrounding eliminates an unusually heavy concentration of overhead utilities;(2) the street or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; (3)the street or right-of-way adjoins or passes through a civic area, public recreation area, or an area of unusual scenic interest to the general public, and/or (4) the street or right-of-way is an arterial or major collector. Staff Report Subject: INTRODUCTION OF AN ORDINANCE ESTABLISHING AN UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY AND PRESENTATION OF A LIST OF POTENTIAL FUTURE UNDERGROUND UTILITY PROJECTS (CIP PROJECT NO. STI 204) Page 2 of 7 • District Description—As described at the study session,the proposed district consisted of the properties adjoining Spruce Avenue from the north side of Railroad Avenue to the south side of Park Way, a 2,600 foot corridor containing fifteen commercial propel-ties (including two schools and two churches) and thirty single-family residences. This area satisfies three of the four criteria set forth in Rules 20A and 32. Namely, Spruce Avenue is a minor arterial street used extensively by the general public to carry a heavy volume of pedestrian and vehicle traffic, and it adjoins the downtown civic area. Establishing the District on this street allows the City Council to acknowledge that wheelchair access was considered as a basis for defining the boundaries of the Project because removing the utility poles and their supporting guy wires will reduce the number of sidewalk obstructions along the Spruce Avenue corridor. As discussed below, staff now recommends minor revisions to this description, • Selection Process — In addition to the proposed Spruce Avenue Underground Utility District, staff evaluated other potential areas for undergrounding,including South Spruce Avenue,Chestnut Avenue,the Downtown Lanes, and multiple city parks,but concluded that Spruce Avenue best met the qualifying criteria and will be feasible to convert the utilities from overhead to underground, • Description of Work — The work consists of moving the overhead electric and communication distribution lines into conduit installed in trenches constructed in the street. New laterals supplying electric and communications services are installed in underground trenches running from the distribution lines to the property main panel (for electricity) or directly into the building (for communications). Rule 20A specifies that PG&E use the City's work credits to fund the cost to move its distribution lines underground. The service laterals and electric panels are owned and maintained by the property owners,but Rule 20A allows the City the option of requesting that PG&E use the City's work credits to install up to 100 feet of service laterals for property owners (a length generally sufficient for properties such as those fronting Spruce Avenue) and to spend up to $1,500 per service entrance to convert the electric service panels to accept underground services. PG&E estimates that the current costs for panel conversion are $2,000 for residential properties and $5,000 for commercial properties. Because these current costs exceed the $1,500 limit specified in Rule 20A, PG&E recently obtained CPUC approval to let cities request that PG&E manage the electric panel conversions with all costs paid from the City's work credits. (See attached"Agreement to Perform Tariff Schedule Related Work—Rule 20A Electric Panel Service Conversion, Form 79-1113,) • Budget—As of May 2015,the City has accrued nearly$6.2 million in PG&E work credits and may borrow against future allotments to raise this to nearly $7.2 million. This is sufficient to complete PG&E's estimated share of the overhead utility conversions in the proposed district. Work credits are not a grant,but rather represent a limit on the value of undergrounding work the City may direct PG&E and the communication utilities to Staff Report Subject: INTRODUCTION OF AN ORDINANCE ESTABLISHING AN UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY AND PRESENTATION OF A LIST OF POTENTIAL FUTURE UNDERGROUND UTILITY PROJECTS (CIP PROJECT NO, ST1204) Page 3 of 7 undertake in the future. In addition, the City has $170,000 budgeted in the Fiscal Year 2015116 Capital Improvement Program ("CIP") for project management and other expenses, • Cost Estimate—The preliminary cost estimate for PG&E's share, to be drawn from the City's Rule 20A work credits,is$2.8 million. This is based on a unit price of$1,000 per linear foot for the distribution lines, $2,000 per residential panel conversion, $5,000 per commercial panel conversion, and $1,500 per service lateral. The City will need to fund replacement of its fourteen streetlights along the corridor at an estimated total cost of $182,000,or$13,000 per light.This estimated cost does not include escalation to the year of installation, which will likely be Fiscal Year 2018119, • Schedule— Rule 20A projects typically take five to seven years to complete. Once the District is established (in December 2015), it goes into a queue at PG&E for an average time of one year {until December 2016). Planning takes up to a year. Design of the individual utilities and the joint trench composite takes approximately one and one-half years if the City serves as Lead Agent (until June 2018). Construction takes approximately fifteen months (until September 2019). Site restoration and final cleanup take another-three months (ending in December 2019). • Priority List of Future Projects—Staff recommended that the City develop a priority list of qualified undergrounding projects so that planning can commence on the next project when funds become available. Cities typically review and revise their priority lists on a regular basis, such as annually along with their Capital Improvement. Program review. Once the Spruce Avenue cost estimate is refined at the end of the design phase, staff expects that the City will have sufficient work credits remaining to start the next undergrounding project. • District Establishment—The process to establish the District includes the following steps: I. The City consults with PG&E and the other affected utilities; 2. The City develops a boundary map defining the area of the District; 3. The City mails notice to affected property owners and utilities at least 30 days before the public hearing; 4. The City Council holds the public hearing to assess the public benefit of establishing the district; 5. The City Council finds utility undergrounding to be in the general public interest according to one or more of the qualifying criteria; 6, The City Council.acknowledges that wheelchair access is in the public interest and has been considered as a basis for defining the boundaries of the proposed district; Staff Report Subject: INTRODUCTION OF AN ORDINANCE ESTABLISHING AN UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY AND PRESENTATION OF A LIST OF POTENTIAL FUTURE UNDERGROUND UTILITY PROJECTS (CIP PROJECT NO, ST 1204) Page 4 of 7 7, The City Council adopts an ordinance establishing the District, ordering removal of existing overhead utilities, and forbidding installation of any new overhead utilities within the newly formed district. After the study session on September 16t", staff representatives confirmed with PG&E, AT&T, Comeast, and Wave that all four companies have overhead utilities in the proposed district and will participate in the project. Staff provided the utility companies the boundary map and then walked the proposed district with representatives of each of these utilities to discuss the work to be done. Staff revised the boundary map (attached) after discussions with the utilities' representatives and now recommends terminating the District one half block short of Park Way,at the north edge of Spruce Elementary School, thereby removing nine residential properties from the District south of Park Way, This revised boundary more precisely delineates the transition from mixed commercial and multi-family residential to single family residential with its corresponding decrease in overhead utility loading. Two properties that front on Commercial Avenue and on Grand Avenue, but which are served directly from Spruce Avenue distribution lines, have been added to ensure their services will be undergrounded. Side street extents on the cast side of Spruce Avenue have been reduced to limit the number of side street poles inadvertently designated for removal. On October 9ffi, staff mailed notice of the November 181h public healing to the affected property owners and enclosed the revised boundary map. On October 14'h, staff mailed letter notices of the public hearing to the four-utilities. Staff mailed letters to each utility to document that each will be responsible for completing the design of its own facilities and the City will be the Lead Agent (also known as the trenching agent) responsible for preparing the trench profile and composite drawings, managing the trenching, installing substructures, and restoring the pavement. DISCUSSION Creation cif the Spruce Avenue Underground Unlit} District As previously described, an undergrounding project needs to meet at least one of the four criteria to be found to be in the general public interest, and this proposed project meets three of the criteria. Wheelchair access is in the public interest and has been considered as a basis for defining the boundaries of the proposed district. Staff has determined that the project is categorically exempt from environmental review pursuant to the California Environmental Quality Act. Staff has agreed with the utilities on a preliminary work schedule and recommends waiving all administrative fees(such as pen-nit fees or special street restoration costs). Staff has further agreed with the utilities that the City will serve as the Lead Agent(also known as the trenching agent)for the joint trench design and construction management. Staff recommends that the City request that PG&E manage the service panel conversions on each property by authorizing the City Manager to execute Form 79-1113 — "Agreement to Perform Tariff Schedule Related Work, - Rule 20A Electric Panel Service Conversion" (attached), thereby ensuring that all panel conversion costs Staff Report Subject: INTRODUCTION OF AN ORDINANCE ESTABLISHING AN UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY AND PRESENTATION OF A LIST OF POTENTIAL FUTURE UNDERGROUND UTILITY PROJECTS (CIP PROJECT NO, ST 1204) Page 5 of 7 will be paid from the City's accrued Rule 20A allocation funds. Staff recommends that the City Council amend the sections of Municipal,Code Chapter 13.16 that require property owners to complete installation of their service laterals and conversion of their ,electric service panels to receive underground electric power and communication signals (see section 2 of the attached ordinance). Instead,property owners will be required to execute Right of Entry agreements to allow the City and utility companies to enter the property for inspection and construction purposes, Property owners will continue to be responsible for correcting any existing electrical code violations with regard to their electric service panel as PG&E will not connect the new service laterals to noncompliant service panels. The extent and magnitude of potential electrical code violations will not be known until property owners grant the City Right of Entry to allow inspection of the electric panels,but in other cities, only a small minority of properties has had deficiencies requiring correction. Examples of code deficiencies encountered in other cities include an illegal secondary residence drawing power fTorn. the primary residence panel or extensively damaged panels from the Loma Prieta earthquake. Any potential code deficiencies within the building interiors will not cause PG&E to refuse to reconnect the electric service panel and will not be covered by the City's inspection. Staff recommends that the City designate this District the "Spruce Avenue Underground Utility District." Rule 20A explicitly uses the term "underground -utility districts," and this is the commonly understood nomenclature used by local agencies and the utility companies. Use of any other title, such as "Underground Utility Area" would likely result in con-fusion in the future. Underground utility districts are not a separate form of government and remain solely under the jurisdiction of the City(or County) that establishes them. The remaining actions before the City Council to establish. the District are to hold the public hearing to receive public comment, then waive the reading and move to introduce the ordinance that establisbes the Spruce Avenue Underground Utility District.City Council may then adopt this ordinance at the next regular meeting on December 9, 2015. Future Utility Undergrounding Prqjects Council is asked to receive the following list of potential future undergro,unding projects. After the Spruce Avenue Underground Utility District is designed,the City should have a good estimate of its remaining PG&E work credits and can begin planning its next underground district project. Cities typically review and revise their priority lists on a regular basis, but since this is the first such list in the City, staff is actively seeking further suggestions from the Council and the public of any areas that may be evaluated for possible addition to the list. At this time, all linear extents and costs in the listed areas are conceptual and subject to revision. Staff Report Subject: INTRODUCTION OF AN ORDINANCE ESTABLISHING AN UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY AND PRESENTATION OF A LIST OF POTENTIAL FUTURE UNDERGROUND UTILITY PROJECTS (CIP PROJECT NO. ST1204) Page 6 of 7 List of Potential Future Underground Utility Projects: I. Mission Roadftom Oak Avenue to the South San Francisco BART entrance—This project would extend approximately 4,000 linear feet and would cost approximately$4.4 million in work credits. Mission Road is a major collector, carrying a heavy volume of traffic to the BART station. 2. Antoinette Lanefi-om Peninsula Pine Apartments to terminus (in coordination with El Camino Real / Chestnut Area Specific Plan development conditions of approval)—This project would extend approximately 1,200 linear feet and would cost approximately$13 million in work credits. Antoinette Lane adjoins the Centennial Trail, a public recreation area, and will adjoin a future civic area. 3. Third Lane between Spruce Avenue and Cypress Avenue(in coordination with Downtown Station Area Specific Plan development conditions of approval) -- This project would extend approximately 2,250 linear feet and would cost approximately$2.4 million in work credits. This section of Third Lane is in a civic area and has an unusually heavy concentration of overhead utilities, 4. Fourth Lane between Maple Avenue and Cypress Avenue (in coordination with Downtown Station Area Specific Plan development conditions of approval)—This project would extend approximately 1,200 linear feet and would cost approximately$1.3 million in work credits. This section of Fourth Lane is in a civic area and has all unusually heavy concentration of overhead utilities, 5. Chestnut Avenue between Commercial Avenue and Treeside Court—This project would extend approximately 2,300 linear feet and would cost approximately$2.5 million in work credits. Chestnut Avenue is an arterial street, FUNDING The City has nearly $6,2 million of work credits allocated by PG&E for qualified underground utility conversion projects. The City may borrow another$1 million against its future allotments to raise this to nearly$7.2 million. These work credits will be used to fund PG&E's share of the cost to underground the distribution lines,install individual property service laterals,and convert the properties' service panels. Rule 20A limits the service lateral installation to 100 feet from the distribution line,but this should be adequate for the properties fi-onting Spruce Avenue.The City's accrued Rule 20A work credit balance is sufficient to complete the estimated $2.8 million in overhead utility conversions in the proposed Spruce Avenue Underground Utility District. (Note: this estimate is conceptual based on the length of the corridor and may increase depending on the amount of side street undergrounding that maybe required.The extent of this additional work will be determined during the design phase.) Work credits are not a grant of moneys to the City, but rather represent a limit to the amount of undergrounding work the City may direct PG&E and the Staff Report Subject: INTRODUCTION OF AN ORDINANCE ESTABLISHING AN UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY AND PRESENTATION OF A LIST OF POTENTIAL FUTURE UNDERGROUND UTILITY PROJECTS (CIP PROJECT NO. ST 1204) Page 7 of 7 communication utilities to undertake. The other utilities do not allocate work credits,but will pay directly for their share of the costs of distribution lines,service laterals,and property connections. The City has budgeted $170,000 in the fiscal year 2015/16 CIP — Rule 20A project stl 204, for project management and construction inspection expenses. The City will need to budget for replacement streetlights on Spruce Avenue in a future CIP budget cycle, prior to the start of the undergrounding construction on Spruce Avenue. The City will be responsible for inspecting the properties within the District to ensure they are up to current electrical code.Property owners are responsible for bringing their properties up to code as a condition of receiving the new service, The City may choose to assist,but is not required to do so. At this time,there are no other known costs that the City will bear. CONCLUSION After holding the public hearing, City Council may waive the reading and introduce the attached ordinance to initiate the process of establishing an underground utility district along Spruce Avenue between Railroad Avenue and the north edge of Spruce Elementary School,between Lux Avenue and Park Way. Council may then adopt this ordinance at the next regular meeting on December 9,2015, Staff will continue to update the list of feasible sites for future undergrounding projects upon receipt of further suggestions from Council and the public,and will seek Council's priority preferences before beginning planning on any future projects and could be a part of the annual Capital Improvement Program process. By:,,' Approved: ;1. 4A Brian McMinn Mil a t/ell Director of Public Works/City Engineer City Manager Attachments: Draft Ordinance Spruce Avenue Underground Utility District Boundary Map PG&E Rule 20A Sample PG&E Electrical Form 79-1113 PowerPoint Presentation 2546166. 1 ORDINANCE NO, CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA AN ORDINANCE ESTABLISHING AN UNDERGROUND UTILITY DISTRICT ALONG SPRUCE AVENUE FROM RAILROAD AVENUE TO THE NORTH EDGE OF SPRUCE ELEMENTARY SCHOOL BETWEEN LUX AVENUE AND PARK WAY (C IP PROJECT ST 1204) WHEREAS, the California Public Utilities Commission ("CPUC") has authorized electric and telecommunication utilities to convert overhead utility lines and facilities to underground pursuant to Electric Rule 20 and Telecommunication Rule 32; and WHEREAS, pursuant to certain criteria., CPUC rules allow participating cities and counties to adopt legislation authorizing the creation of underground utility districts within which existing overhead electric distribution and telecommunication distribution and service facilities will be converted to underground facilities; and WHEREAS, Chapter 13.16 of the City of South San Francisco ("City ) Municipal Code authorizes the City Council, after public ublic hearing, to designate areas within which all existing overhead poles, overhead wires and overhead equipment associated with the distribution of electric power, telecommunication services, and cable television, should be removed and replaced with underground wires and facilities; and WHEREAS, the Fiscal Year 2015-2016 Capital Improvement Prograin project st1204 calls for converting the overhead utility lines and facilities on Spruce Avenue to underground facilities; and WHEREAS, each year, Pacific Gas & Electric ("PG&E") notifies the City of the annual allocation and balance of accumulated work credits and the five-year balance of future credits that may be borrowed for conversion of overhead electric distribution lines and facilities to underground facilities, pursuant to CPUC Rule 20A; and WHEREAS, the City desires to establish a Spruce Avenue Underground Utility District, extending from the north side of Railroad Avenue to the north edge of the Spruce Elementary School, between Lux Avenue and Park Way, more particularly described in Exhibit I attached hereto and incorporated herein by reference; and WHEREAS, PG&E has notified the City that the City has accumulated work credits in the amount of$6,173,446 and may borrow future work credits in the amount of S 1,0 18,680, yielding a total of$7,192,126 in work credits that may be used for qualified underground utility conversion projects pursuant to CPUC Rule 20A and such credits are sufficient to complete the desired underground utility conversion project along Spruce Avenue; and -I- WHEREAS, upon determining that undergrounding of utilities is in the public interest, the City shall establish an underground utility district containing all of the parcels within the district, as identified on a district boundary map, so that the City may expend the accumulated Rule 20A work credits to fund the utility conversion; and WHEREAS, the City and the affected utilities have consulted and agreed that each utility shall complete the engineering of their respective portion of the Spruce Avenue Underground Utility District project; and WHEREAS, the City and the affected utilities have consulted and agreed that the City shall be responsible for preparation of the trench profile and composite drawings, and that the City shall be designated as "lead agent" also known as "trenching agent" to manage trenching, installation of substructures, pavement restoration, and such other trench-related work; and WHEREAS, the City and the affected utilities have agreed to a work schedule which meets their respective capabilities and have further agreed to waive any administrative fees, costs, or special street restoration requirements for the purposes of this project; and WHEREAS, the City notified all affected property owners within the proposed Spruce Avenue Underground Utility District and invited same to attend a public hearing to discuss formation of the proposed district; and WHEREAS, the City Council has received the staff report recommending that the area identified in Exhibit I should be designated as an underground utility district within which all existing overhead poles, overhead wires, and overhead equipment associated with the distribution of electric power, telecommunication services, and cable television should be removed and replaced with underground wires and facilities; and WHEREAS, a public hearing was duly held on November 18, 2015 in the Council Chambers of the City of South San Francisco, at which time all interested persons were given an opportunity to be heard, and the City Council did consider any and all objections or protests that were raised by the owners of property within the proposed district, pertaining to designating this area an underground utility district; and WHEREAS, the City Council has determined that, pursuant to Section 13.16.020 of the South San Francisco Municipal Code, the public necessity, health, safety, and welfare requires the removal of overhead wires and overhead structures from Spruce Avenue, between Railroad Avenue and the north edge of the Spruce Elementary School, between Lux Avenue and Park Way, and underground installation of said wires and facilities; and WHEREAS, the City has consulted with the affected utilities and such utilities have agreed that the proposed underground conversion district, designated the Spruce Avenue Underground Utility District, as described in Exhibit 1, meets one or more of the four qualifying criteria for Rule 20A projects established by CPUC rules, to wit, -2- (1) That Spruce Avenue is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; and (2) That Spruce Avenue adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public; and (3) That Spruce Avenue is considered an arterial street as defined in the Governor's Office of Planning and Research General Plan Guidelines; and WHEREAS, the City Council acknowledges that wheelchair access is in the public interest and has been considered as a basis for defining the boundaries of the proposed district; and WHEREAS, upon the recommendation of staff, the City Council has determined that the proposed Spruce Avenue Underground Utility District is categorically exempt from environmental review pursuant to the California Environmental Quality Act; and NOW, THEREFORE, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SEC'1`1C1N 1. Findings The City Council of the City of South San Francisco ("City") finds that the public interest requires the removal of all existing utility poles, (excepting those poles supporting streetlights and traffic signals), overhead utility wires, and associated. overhead structures, and the installation of underground wires and facilities for supplying electric power, communication, or similar associated services within the areas as shown in Exhibit 1, attached hereto, running along Spruce Avenue from Railroad Avenue to the north edge of Spruce:Elementary School, with such area being designated as the Spruce Avenue Underground Utility District ("District"). SECTION 2.. Amendments to South Sawn Francisco Municipal Code Chapter 13.16 The City Council hereby amends the following sections of the South San Francisco Municipal Code to read as follows (with text in strip indicating deletion and double underlie indicating addition). Sections and subsections that are not amended by this Ordinance are not included below, and shall remain in full force and effect. A. Revise 'South San Francisco Municipal Code Section 13.16.070 to read as follows: 13.16.070 Notice to property owners and utility companies. A. Within ten days after passage of an ordinance pursuant to Section 1.3.16.030, the city clerk shall notify all affected utilities and all persons owning real property within -3- the area designated in the ordinance of the adoption, thereof. The city clerk shall further notify such affected property owners of the necessity that, if they or any person occupying such property desire to continue to receive electric, communication or other similar or associated service, they or such occupant shall execute Rig=ht of Entry ggr�LgMQLits to allow City insMc tors to verify that the electric and coLnmunication facilities owned by the are compliant with current code. ........... _Jg allow the unlit coax panies to construct service laterals and=gL�oml(� el conversions ................ �tq �4n as:=pfevide-a4 necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the Commission, B. Notification by the city clerk shall be made by mailing a copy of the ordinance adopted pursuant to Section 13.16.030, together with a copy of the ordinance codified herein, to the affected utilities and to affected property owners as such are shown on the last equalized assessment roll of the county of San Mateo. B. Revise South San Francisco Municipal Code Section 13.16.090 to read as follows: 13.16.090 Responsibility of property owner—Notice. U on receipt of notice by the Cityflig-person owning, operating. leasing or renting the property sh roy e executed Wight of Entry ag, nts to allow the City to ------ re inspect the premises and to allow the utilit companies v compan access to install aAll underground ................................ construction and conduits, conductors and associated equipment necessary to receive utility service between the service facilities referred to in Section 13,16,080 and the service facilities in the building orstructure being served,sha4l be preN,.�Aedd by the pers g' Oplefati-ig, subject to applicable rules, regulations and tariffs Of the respective utility or utilities on file with the Commission. —------. Before any connection to the new under -------------- grounded utilities ni Y occur,the DroD ertv owner shall correct anv-deficiencies that are out of compliance with current electrical or building-cWe, requirements with.-Le ard to the premise's service van tern,el wiring and other facilities located on the property. Additionallv. the I )�O ---........................... 2 - y owner shall have installed all electrical facilit wchan es on the premises necessar to receive service from the uilliy:s gnderground facilities. The propgrty-Qwner shall thereafter own the newly installed underground service Laterals and converted service s. If the above is not accomplished by any person within the time provided for in the ordinance adopted pursuant to Section 13.16.030, the city engineer shall give notice in writing to the person in possession of such premises, and a notice in writing to the owner thereof, to provide 4:'--.1 the required access and/or correct anv deficiencies —de-ggeeiifld .—ItILWO within ten days after receipt of such notice. C. Revise South San Francisco Municipal Code Section 13.16.110 to read as follows: -4- 13.16.110 Notice—Contents. The notice given pursuant to Section 13.16.090 shall particularly specify what 4.0.ions arewofk4s-required to be done-h__tk_T and shall state that if these _ _ actions are-ors not completed within ten days after receipt of such notice,, the city engineer will provide such required underground facilities, in which case the cost and expense thereof will be assessed against the property benefited and become a lien upon such property. D. Revise South San Francisco Municipal Code Section 13.16.090 to read as follows: 1316.110 Performance of work by city—Assessment. If upon the expiration of the ten-day period specified. in Section 13.16.110, the required Right of Entry Agreem.,Qats eiider-ground A",­1,*,�,*__ have not been provided b ...........Right property owner, the city engineer shall forthwith proceed to do the work; provided, however, if such premises are unoccupied and no electric or communication services are being furnished thereto, the city engineer may, in lieu of providing the required underground facilities, order the disconnection of all existing connections used for furnishing electric and communication services to such premises. Upon completion of the work by the city engineer, be shall file a written report with the council setting forth the fact that the required underground facilities have been provided and the cost thereof, together with a legal description of the property against which such cost is to be assessed. The council shall thereupon fix a time and place for hearing protests against the assessment of the cost of such work upon such premises, which time shall be not less than ten days thereafter. SECTION 3. Under grounding of Utilities in the District A. The affected utility companies, cable television services, and other affected services shall commence work on installation of underground facilities in the .District and, as each phase Of the project is complete and ready for conversion from overhead to underground utility facilities, all fronting property owners shall be notified by first class letter, postage pre-paid, of the schedule for conversion of all utility service lines. B. Pacific Gas & Electric ("PG&E") shall use the Rule 20A underground conversion allocation computed pursuant to decisions of the California Public Utilities Commission ("CPUC") for the purpose of providing to each premises requiring it in the District a maximum of one hundred (100) feet of individual electric service trenching and conductor, as well as backfill, paving and conduit, if required, and each other utility serving each property shall provide service trenching and conductor in accordance with its rules and tariffs on file with the CPUC or as required by its Franchise Agreement with the City of South San Francisco. C. PG&E shall use said underground conversion allowance allocation to manage the conversion of the electric service panels in the District, up to a maximum -5- amount of $1,500 per service entrance excluding permit fees. The City shall request that PG&E manage the conversion of electric service panels in the District to accept underground service in accordance with the option unade available by PG&E in its "Agreement to Perform Tariff Schedule Related Work - Mule 20A Electric Panel Service Conversion" (Form 79-1113) and use Rule 20A credits for any remaining expense. Each property owner shall be responsible for maintenance of the conduit and termination box located on, under, or within any structure on the premises served. D. Owners of property within the District affected by the undergroundi:ng project shall additionally be responsible for correcting any existing violations of the City's electrical code with regard to their electrical panel and downstream facilities and for executing Right of Entry agreements with the City so that PG&E might connect the premises to the new underground electrical facilities. E. Once all services have been converted from overhead to underground, the utility companies, cable television services and other affected services shall remove all poles (except as specified above) and associated overhead facilities in the District. F. The City Council does hereby establish that the date on which affected property owners within the District must have installed on their premises all electrical facility changes necessary to receive service from the underground facilities of PG&E and the order to remove all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric communicant or similar or associate service with the District, shall be established by a schedule determined at the time a bid is awarded for construction of the project, as required by a phasing plan, or by dates as may be set by a subsequent schedule, or before December 1, 2019. G. Once all services have been converted fi°om overhead to, underground and all related above-ground structures have been removed within the District, it shall be unlawful for any person to erect, construct, place, keep, maintain, continue, employ or operate any pole, overhead wire or associated overhead structure in any public street, alley or,way within the District, pursuant to Section 1.3.1 6.040 of the 'South San Francisco Municipal Code. SECTION 4. Severabilit If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional., the remainder of this Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION S. Publication and Effective Date -6- Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney, At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified cop), of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting, This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at d a special meeting of the City Council of the City of South San Francisco held the 18 ' day of November, 2015, Adopted as an Ordinance of the City of South San Francisco at a regular meeting of the City Council held the 9"' day of December, 2015 by the following vote: AYES- NOES: ABSTAIN: ABSENT: ATTEST: City Clerk As Mayor of the City of South San Francisco, I do hereby approve the foregoing ordinance this day of 2015, Mark Addiego, Mayor 2546255.1 -7- Exhibit , -0 City of South San Francisco Proposed Spruce Avenue Underground it District a k t 516 , Q 1215 R- 526 TAMARAQK1530 £415 d� 414 Ll 412 05/500 rL pf c � is 414 4 1 �n rC � / e. I 4 r AV 411 479 3051550 .S 306 �. r CO 81 25 71 9 4 . 11150 A 6126 473 '501 01 503 79, i 101 to 111 5 to 50$ 301! 08 10 l r 1S 07 0 5 4 to 7 16 79 CQ1[4 Legend' I 14 '. 5 Utillity district Boundary 3 Parcels in district Other Parcels Pacific Gas and Electric Company Revised Cal. P. Sheet No. 30474-E San Francisco, California Cancelling Revised Cal, P.U C. Sheet No. 19012-E U 39 ELECTRIC RULE NO. 20 Sheet 1 REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES K PG&E will, at its expense, replace its existing overhead electric facilities with underground electric facilities along public streets and roads, and on public lands and private property across which rights-of-ways satisfactory to PG&E have been obtained by PG&E, provided that: 1 The governing body of the city or county in which such electric facilities are and will be located has: a. Determined, after consultation with PG&E and after holding public hearings on the subject, that such undergroundinig is in the general public interest for one or more of the folllowing reasons; 1) Such undergrounding will avoid or eliminate an unusually heavy concentration of overhead electric facilities; 2) The street or road or right-of-way is extensively used by the general public and carries a heavy volume of pedestrian or vehicular traffic; 3) The street or road or right-of-way adjoins or passes through a civic area or public recreation area or an area of unusual scenic interest to the general public; and 4) The street or road or right-of-way is considered an arterial street or major collector as defined in the Governor's Office of Planning and Research General Plan Guidelines. b. Adopted an ordinance creating an underground district in the area in which both the existing and new facilities are and will be located requiring, among other things, (1) that all existing overhead communication and electric distribution facilities in such district shall be removed, (2) that each property served from such electric overhead facilities shall have installed in accordance with PG&E's rules for underground service, all electrical facility changes on the premises necessary to receive service from the underground facilities of PG&E as soon as it is available, and (3) authorizing PG&E to discontinue its overhead service. c. Acknowledged that wheelchair access is in the public interest and will be (N) considered as a basis for defining the boundaries of projects that otherwise qualify for Rule 20A under the existing criteria set forth in Section A(l)(a) above. (N) (Continued) Advice Letter No: 3860-E Issued by Date Filed June 13, 2011 Decision No. Brian K. Cherry Effective Jun y 13, 1 Vice President Resolution No. 1C7 Regulation and Rates Pacific Gas and Electric Company Original Cal. P.U.C. Sheet No. 11240-E San Francisco, California Cancelling Cal. P.U.C. Sheet No. U 39 ELECTRIC RULE NO. 20 Sheet 2 REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES A. (Cont'd) 2. PG&E's total annual budgeted amount for undergrounding within any city or the (N) unincorporated area of any county shall be allocated as follows: a. The amount allocated to each city and county in 1990 shall be the highest of: 1) The amount allocated to the city or county in 1989, which amount shall be allocated in the same ratio that the number of overhead meters in such city or unincorporated area of any county bears to the total system overhead meters; or 2) The amount the city or county would receive if PG&E's total annual budgeted amount for undergrounding provided in 1989 were allocated in the same ratio that the number of overhead meters in each city or the unincorporated area of each county bears to the total system overhead meters based on the latest count of overhead meters available prior to establishing the 1990 allocations; or 3) The amount the city or county would receive if PG&E's total annual budgeted amount for undergrounding provided in 1989 were allocated as follows: a) Fifty percent of the budgeted amount allocated in the same ratio that the inumber of overhead meters in any city or the unincorporated area of any county bears to the total system overhead meters; and �b) Fifty percent of the budgeted amount allocated in the same ratio (N) that the total number of meters in any city or the unincorporated area of any county bears to the total system meters, (Continued) Advice Letter No: 1300-E Issued by Date Filed June 7, 1990 Decision No. 90-05-032 Gordon R. Smith Effective July 17, 1990 Vice President Resolution No. 2CI and Chief Financial Officer Pacific Gas and Electric Company Original Cal. P.U.C. Sheet No. 11241-E San Francisco, California Cancelling Cal. P.U.C. Sheet No. U 39 ELECTRIC RULE NO. 20 Sheet 3 REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES A. (Cont'd) 2. (Cont'd.) lb. Except as provided in Section 2.c., the amount allocated for undergrouinding (N) within any city or the unincorporated area of any county in 1991 and later years shall use the amount actually allocated to the city or county in 1990 as the base, and any changes from the 1999 level in PG&E's total annual budgeted amount for undergrounding shall be allocated to individual cities and counties as foflows: 1) Fifty percent of the change from the 1990 total budgeted amount shall be allocated in the same ratio that the number of overhead meters in any city or unincorporated area of any county bears to the total system overhead meters; and 2) Fifty percent of the change from the 1990 total budgeted amount shall be allocated in the same ratio that the total number of meters in any city or the unincorporated area of any county bears to the total system meters. c. When a city incorporates, resulting in a transfer of utility meters from the unincorporated area of a county to the city, there shall be a permanent transfer of a prorata portion of the county's 1990 allocation base referred to in Section 2.b. to the city. The amount transferred shall be determined: 1) Fifty percent based on the ratio that the number of overhead meters in the city bears to the total system overhead meters; and 2) Fifty percent based on the ratio that the total number of meters in the city bears to the total system meters. II When territory is annexed to an existing city, it shall be the responsibility of the city and county affected, in consultation with the Utility serving the territory, to agree upon an amount of the 1990 allocation base that will be transferred from the county to the city, and thereafter to jointly notify PG&E in writing. (N) (Continued) Advice Letter No: 1300-E Issued by Date Filed June 7, 1990 Decision No. 90-05-032 Gordon R. Smith Effective July 17, 1990 Vice President Resolution No. 3c1 Finance and Rates Pacific Gas and Electric Company Revised Cal. P.U,C, Sheet No. 19013-E San Francisco, California Cancelling Revised Cal. P.U.C. Sheet No, 16664-E 11 ps U39 ELECTRIC RULE NO. 20 Sheet 4 REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FAQILITlES A. (Cont'd.) 2. (Cont'd.) cl. However, Section 2 a, b, and c shall not apply to PG&E where the total amount available for allocation under Rule 20-A is equal to or greater than 1.5 times the previous year's statewide average on a per customer basis. In such cases, PG&E's total annual budgeted amount for undergrounding within any city or the unincorporated area of.any county shall be allocated in the same ratio that the number of overhead meters in the city or unincorporated area of any county bears to the total system overhead meters. e. Upon request by a city or county, the amounts allocated may be exceeded (N) for each city or county by an amount up to a maximum of five years' allocation at then-current levels where PG&E establishes additional participation on a project is warranted and resources are available. Such (N) allocated amounts may be carried over for a reasonable period of time in communities with active undergrounding programs. In order to qualify as a community with an active undergrounding program the governing body must have adopted an ordinance or ordinances creating an underground district and/or districts as set forth in Section A.1.b. of this Rule. Where there is a (T) carry-over or additional requested participation, as discussed above, PG&E (T) has the right to set, as determined by its capability, reasonable limits on the rate of performance of the work to be financed by the funds carried over. When amounts are not expended or carried over for the community to which they are initially allocated they shall be assigned when additional participation on a project is warranted or be reallocated to communities with active undergrounding programs. (Continued) Advice Letter No., 2280-E-B Issued by Date Filed July 31, 2002 Decision No. 02-06-027 Karen A. Tomcala Effective July 19, 2002 Vice President Resolution No E-3757 E-3767 4C2 Regulatory Relations Pacific Gas and Electric Company Revised Cal. P.U.C. Sheet No. 16665-E San Francisco, California Cancelling Original Cal, P.U.C. Sheet No. 11242-E U 39 ELECTRIC RULE NO. 20 Sheet 5 REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES A. (Cont'd.) 1 The undergrounding extends for a minimum distance of one block or 600 feet, (L) whichever is the lesser. Upon request of the governing body, PG&E will pay from the existing allocation (T) of that entity for: (T) The installation of no more than 100 feet of each customer's underground (T) electric service lateral occasioned by the undergrounding. (L) The conversion of electric service panels to accept underground service, up to (N) $1,500 per service entrance, excluding permit fees. (N) The governing body may establish a smaller footage allowance, or may (L) limit the amount of money to be expended on a single customer's electric service, or the total amount to Ibe expended on all electric service installations in a particular project. (L) (Continued) Advice Letter No: 1930-E Issued by Date Filed October 28, 1999 Decision No. DeAnn Hapner Effective December 7, 1999 Vice President Resolution No. 5C2 Regulatory Relations Pacific Gas and Electric Company Revised Cal. P.U.C. Sheet No, 15611-E San Francisco, California Cancelling Revised Cal. P.U.C. Sheet No. 11243-E U 39 ELECTRIC RULE NO. 20 Sheet 6 REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES B. In circumstances other than those covered by A above, PG&E will replace its existing overhead electric facilities with underground electric facilities along public streets and roads or other locations mutually agreed upon when requested by an applicant or applicants when all of the following conditions are met: 1. a. AIII property owners served from the overhead facilities to be removed first agree in writing to have the wiring changes made on their premises so that service may be furnished from the underground distribution system in accordance with PG&E's rules and that PG&E may discontinue its overhead service upon completion of the underground facilities; or b. Suitable legislation is in effect requiring such necessary wiring changes to be made and authorizing PG&E to discontinue its overhead service. 2. The applicant has: a. Furnished and installed the pads and vaults for transformers and associated equipment, conduits, ducts, boxes, pole bases and performed other work related to structures and substructures including breaking of pavement, trenching, backfilling, and repaving required in connection with the Installation of the underground system, all in accordance with PG&E's specifications, or, in lieu thereof, paid PG&E to do so; b. Transferred ownership of such facilities, in good condition, to PG&E; and c. Paid a inonrefundable sum equal to the excess, if any, of the estimated costs, of completing the underground system and building a new equivalent (T) overhead system. 3. The area to be undergrounded includes both sides of a street for at least one block or 600 feet, whichever is the lesser, and all existing overhead communication and electric distribution facilities within the area will be removed. (Continued) Advice Letter No: 1765-E Issued by Date Filed May 11, 1998 Decision No. 97-12-098 Thomas E. Bottorff Effective July 1, 1998 Vice President Resolution No. 6C1 Rates Account Services Pacific Gas and Electric Company Revised Cal. P.U.C. Sheet No. 19014-E San Francisco, California Cancelling Revised Cal, P.U.C. Sheet No. 11244-E U 39 ELECTRIC RULE NO. 20 Sheet 7 REPLACEMENT OF OVERHEAD WITH UNDERGROUND ELECTRIC FACILITIES B. (Cont'd) 4. PG&E may, when requested by the city or county and mutually agreed upon by (N) such government entity and PG&E, iintitially fund any required engineering/design costs for conversion projects under this section. In the even such a project I proceeds, the requesting city or couinty shall reimburse PG&E for such I engineering/design, costs before PG&E shall be required to commence further I work on the project. In the event the project is not approved to proceed within two and one-half years of PG&E's delivery of such engineering/design study, the requesting city or county shall reimburse PG&E for its costs of such engineering/design study within 90 days of a demand by PG&E. In the event payment is not received PG&E shall expense such costs as an operational cost and shall reduce the city or county's allocations provided under Section A of this Schedule by the amount. 5. The costs of removal of the overhead poles, lines, and facilities are the responsibility of PG&E and will be paid by PG&E. Such payments shall not (N) operate to reduce Rule 20-A allocations, C. In circumstances other than those covered by A or B above, when mutually agreed upon by PG&E and an applicant, overhead electric facilities may be replaced with underground electric facilities, provided the applicant requesting the change pays, in advance, a nonrefundable sum equal to the estimated cost of the underground facilities less the estimated net salvage value and depreciation of the replaced overhead facilities. Underground services will be installed and' maintained as provided in PG&E's rules applicable thereto. D. The term "underground electric systeim" means an electric system with all wires installed underground, except those wires in surface mounted equipment enclosures. Advice Letter No: 2260-E-B Issued by Date Filed July 31,2002 Decision No. 02-06-027 Karen A. Tomcala Effective July 19, 2002 Vice President Resolution No, E-3757 E-3767 7 C 1 Regulatory Relations Pacific Gas and Electric Company Revised Cal. P.U,C. Sheet No. 32145-E San Francisco, California Cancelling Original Cal. P.U.C. Sheet No. 28920-E u 39 Electric Sample Form 79-1113 Sheet 1 Agreement to Perform Tariff Schedule Related Work (T) Rule 20A Electric Panell Service Conversion (T) Please Refer to Attached Sample Form Advice Letter No: 4141-E Issued by Date Filed November 15, 2012 Decision No, 11-05-018 Brian K. Cherry Effective November 15,2012 Vice President Resolution No. 1 cio Regulatory Relations F ���G��d ���Z� REFERENCES REFERENCES D��� _ mr__, �������V M Pm#� � Division(Original) � AGREEMENT TO PERFORM TARIFF � Acctg.yervices Project wg,�___ SCHEDULE RELATED �������� ~ RULE ~°��. �~_��~�~�w� m�m~�,r� p ���� ����m�un 20A ELECTRIC PANEL SERVICE � ��������������U���� ~��~m� � ��u^��:��n� Cny/Countywf (Applicant) has requested PACIFIC GAS AND ELECTRIC COMPANY, a California | corporation(PG&E)to perform the tariff scheduled related work as located and described herein. Electric Panel Service Conversion Program: / In order 1m expedite the completion of Rule 2VA Projects, PG&E has offered oo manage the electric service conversions, and pay for this work from the Applicant's allocation funds. The underground electric feed that replaces the existing overhead service will be installed in the most economical manner possible,as determined hyPG&E, Tn ensure the success ofthis program, the Applicant agrees to support the Electric Panel Samioa Conversion Program as follows: Responsibilities of the Appllicant: 1 Provide accurate list of owner, parcel#^address, phone number. 2. Mail informational letters 1oall residents describing the program and their responsibilities. a. PG&E will provide templates for these letters. 1 Obtain Right of Entry agreements from property owners prior to scheduling construction. w. PG&E will provide the document for each property owner to complete and sign. 4 Provide e liaison for residents and property owners to contact with questions. G. Waive permit fees. 6, Waive Inspection fees. 7, Facilitate a preliminary job walk with the liaison, building inspector and others. a. Review PG&E'a intended placement uf new equipment required for conversions. b. Clarify the inspection and permit requirements and timing, if necessary, 8. Provide information enabling the field crews to determine the location of property lines, 0� Disclose all special circumstances a. For example: historic buildings, hazardous materials, environmental issues, burial grounds and other items that may affect the owarhoadfm-unde,Qround conversion. 10 Communicate with the property owners if additional work beyond the conversion will be required. o. PG&E will pay for the work required tw replace the existing overhead electric feed with a new underground feed only. The cost of any additional work required to bring the property up to current codes will be borne by others (property owner orApp0oani). b. The Applicant will communicate to the property owner all items that must be brought up to code in a timely manner, and all code issues will be managed by the Applicant. 11. Disclose work hours and days. Automated Document,Preliminary Statement,Part A Page 1vra Form 79-1113 *uv|000a4a-ow141-c November 2012 AGREEMENT TO PERFORM TARIFF SCHEDULED 1"o Pacific Gas and RELATED WORK - RULE, 20A IEL ECTRIC PANEL 1"Jectric corplpi'Iay 111.1ll,l.-",- ""--- -, - SERVICE CONVERSION 12. Agree prior to construction regarding the required notifications to residents and property owners. 13. Failure to complete the above requirements may result in construction delays. PROJECT NAME: LOCATION CALIFORNIA City: Executed this day of 2➢_ This agreement is effective when accepted and executed by PG&E. 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