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HomeMy WebLinkAbout2003-10-22 e-packetAGENDA REDEVELOPMENT AGENCY CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM OCTOBER 22, 2003 7:00 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Agency business, we proceed as follows: The regular meetings of the Redevelopment Agency are held on the second and fourth Wednesday of each month at 7:00 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the Board on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Community Room and submit it to the Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents Redevelopment Agency from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE GENERALLY LIMITED TO FIVE (5) MINUTES PER SPEAKER. In the event that there are more than six persons desiring to speak, the Chair may reduce the amount of time per speaker to three (3) minutes. Thank you for your cooperation. The Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Board action. PEDRO GONZALEZ Chairman KARYL MATSUMOTO Vice Chair RICHARD A. GARBARINO, SR. Boardmember BEVERLY BONALANZA-FORD Investment Officer MICHAEL A. WILSON Executive Director JOSEPH A. FERNEKES Boardmember RAYMOND L. GREEN Boardmember SYLVIA M. PAYNE Clerk STEVEN T. MATTAS Counsel PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT IS AVAILABLE FOR USE BY THE tlEARING-IMPAIRED AT REDEVELOPMENT AGENCY MEETINGS CALL TO ORDER ROLL CALL AGENDA REVIEW PUBLIC COMMENTS CONSENT CALENDAR 1. Motion to approve the minutes of October 8, 2003 2. Motion to confirm expense claims of October 22, 2003 CLOSED SESSION 3. Pursuant to Government Code Section 54956.8 real property negotiations related to 480 North Canal Street and 820 Tennis Drive; Agency Negotiator: Redevelopment Agency Assistant Director Van Duyn ADJOURNMENT REGULAR REDEVELOPMENT AGENCY MEETING OCTOBER 22, 2003 AGENDA PAGE 2 AGENDA CITY COUNCIL CITY OF SOUTH SAN FRANCISCO REGULAR MEETING MUNICIPAL SERVICE BUILDING COMMUNITY ROOM OCTOBER 22, 2003 7:30 P.M. PEOPLE OF SOUTH SAN FRANCISCO You are invited to offer your suggestions. In order that you may know our method of conducting Council business, we proceed as follows: The regular meetings of the City Council are held on the second and fourth Wednesday of each month at 7:30 p.m. in the Municipal Services Building, Community Room, 33 Arroyo Drive, South San Francisco, California. Public Comment: For those wishing to address the City Council on any Agenda or non-Agendized item, please complete a Speaker Card located at the entrance to the Council Chamber's and submit it to the City Clerk. Please be sure to indicate the Agenda Item # you wish to address or the topic of your public comment. California law prevents the City Council from taking action on any item not on the Agenda (except in emergency circumstances). Your question or problem may be referred to staff for investigation and/or action where appropriate or the matter may be placed on a future Agenda for more comprehensive action or a report. When your name is called, please come to the podium, state your name and address for the Minutes. COMMENTS ARE GENERALLY LIMITED TO FIVE (5) MINUTES PER SPEAKER. In the event that there are more than six persons desiring to speak, the Mayor may reduce the amount of time per speaker to three (3) minutes. Thank you for your cooperation. The City Clerk will read successively the items of business appearing on the Agenda. As she completes reading an item, it will be ready for Council action. PEDRO GONZALEZ Mayor KARYL MATSUMOTO Mayor Pro Tem JOSEPH A. FERNEKES Councilman RICHARD A GARBARINO, SR. Councilman RAYMOND L. GREEN Councilman BEVERLY BONALANZA-FORD City Treasurer SYLVIA M. PAYNE City Clerk MICHAEL A. WILSON City Manager STEVEN T. MATTAS City Attorney PLEASE TURN OFF CELL PHONES AND PAGERS HEARING ASSISTANCE EQUIPMENT AVAILABLE FOR USE BY THE HEARING IMPAIRED AT CITY COUNCIL MEETINGS CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE INVOCATION PRESENTATIONS * Project Read Trivia Challenge - Literacy Program Manager Holly Fulghum-Nutters · Legislative Analyst's Office, 2003-04 State Budget Overview - Finance Director Jim Steele AGENDA REVIEW PUBLIC COMMENTS ITEMS FROM COUNCIL · Community Forum . Subcommittee Reports CONSENT CALENDAR 1. Motion to approve the minutes of October 8, 2003 2. Motion to confirm expense claims of October 22, 2003 3. Resolutions authorizing application for Roberti-Z'Berg-Harris Block Grant Program and Per Capita Grant Program-2002 Resources Bond Act 4. Resolution supporting a statewide ballot initiative to require voter approval before state government may confiscate local tax funds 5. Resolution approving an updated Joint Powers Agreement with Bay Area Employment Relations Service and authorizing the execution of an agreement 6. Resolution authorizing acceptance of a Library Services and Technology Act grant in the amount of $4000 and a Citigroup Foundation grant in amount of $2000 ADMINISTRATIVE BUSINESS 7. Resolution awarding construction contract for the Lindenville Sewer, Storm Rehabilitation, and Flood Control project 8. Resolution awarding construction contract for the Oyster Point Hookramp Phase II1 project to RGW Construction in the amount of $7,924,666 REGULAR CITY COUNCIL MEETING OCTOBER 22, 2003 AGENDA PAGE 2 CLOSED SESSION 9. Closed Session: a) Pursuant to Government Code Section 54956.9(a): Conference with legal counsel- existing litigation, Kotobuki Trading Company Inc. and Aki Kagami v. City of South San Francisco b) Pursuant to Government Code Section 54956.9a: Conference with legal counsel- existing litigation, Aetna v. City of South San Francisco c) Pursuant to Government Code Section 54957.6, conference with labor negotiator, Jennifer Bower, on International Association of Firefighters' negotiations ADJOURNMENT REGULAR CITY COUNCIL MEETING OCTOBER 22, 2003 AGENDA PAGE 3 StaffReport DATE: October 22, 2003 TO: Honorable Mayor and City Council FROM: Director of Recreation and Community Services SUBJECT: Request for Authorization to Apply for Block Grant and Per Capita Grant Program Funds RECOMMENDATION: It is recommended that the City Council adopt a resolution authorizing the City Manager to file an application and execute an agreement for local assistance funds ($165,179) from the Roberti- Z'Berg-Harris Block Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. It is also recommended that the City Council adopt a resolution authorizing the City Manager to file an application and execute an agreement for local assistance funds ($268,000) from the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. BACKGROUND/DISCUSSION: In 2002 the voters of California approved Proposition 40 - the Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. As a result, cities throughout California have the opportunity to receive non-competitive grant funding for park and recreation capital improvement projects, as well as to apply for competitive grant funds. The resolutions recommended for approval in this report address the two non-competitive components of the bond act, the Block Grant and Per Capita Programs. These allocations are based upon population and urban density criteria. South San Francisco is eligible to receive $433,179. The procedural guidelines for how the bond act funds are to be allocated and administered were recently finalized, allowing the city to begin the process of applying for the funds. The first step is for the City Council to authorize the City Manager to enter into two contracts with the state. These contracts encumber the funds without committing to a specific project, to assure the state that the city intends to use the money. Failure to obtain the contracts by June 30, 2006, would result in the funds reverting to the legislature. To: Honorable Mayor and City Council Date: October 22, 2003 Subject: Request for Authorization for Block Grant and Per Capita Grant Program Funds Page 2 The next step will be for the city to identify one or more eligible parks and recreation projects, and receive approval from the State to proceed. Once approved, and a project is underway, funding may be requested as progress payments, or as reimbursement for a fully completed project as long as it is constructed and all paperwork submitted by June 30, 2011. In general, projects eligible for funding under the Block Grant Program include acquisition of open space, sites, and structures; development and rehabilitation of parks and facilities; special major maintenance items; and innovative recreation programs. Projects eligible for funding under the Per Capita Program must be capital projects that include acquisition or development of parks and facilities. The City Council may recall that under a similar program, the Bond Act of 2000, Proposition 12, the city received a total of $750,269 in 2003. Reimbursement was received for the previously funded and completed Orange Park Picnic Shelter ($568,000), with the reimbursement funds permitted to be used for future parks projects at the city's discretion. Funding was also received for replacement of the play equipment at Winston Manor 3, 5 and Zamora Parks ($182,269). It should be noted that Proposition 12 required a matching contribution toward the project from the city. The procedural guidelines recently released for Proposition 40 indicate that no match of city funds is required in these two programs. However, in order to accomplish a significant improvement, additional funds would be needed given the modest size of the allocations. SUMMARY: Approval of the attached resolutions will allow the city to apply for Proposition 40 funds and authorizes the City Manager to conduct all negotiations, execute and submit all documents including, but not limited to, applications, agreements, payment requests, etc., which may be required for completion and payment for the project(s). Sharon Ranals Director of Recreation and Community Services Approved:///f~Z~/~~ Michael A. Wilson City Manager Attachments: Resolutions 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 ,2003 by the following vote: AYE S: NOES: ABSTAIN: ABSENT: ATTEST: S:\Current Reso's\ 10-22rober~.zberg.harris.block.grant.res.doc City Clerk RESOLUTION NO. CITY COUNCIl., CITY OF SOUTH SAN FRANCISCO, STATE OF CAL!FORNLA A RESOLUTION APPROVING THE 3~PPLICATION TO APPLY FOR GtL52x'T FUNDS FOR THE PER CAPITA GRANT PROGRAM UNDER THE C.~d~IFORNIA CLEAN' X~;ATER, CLL~LN AIR, SAFE NEIGHBORHOOD PARKS, AND COASTAL PROTECTION ACT OF 2002 WHEREAS, the people of the State of California have enacted the Per Capita Grant Program which provides funds for the acquisition and development of neighborhood, community, and regional parks and recreation lands and facilities; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the grant program, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the Applicant to apply for the Per Capita Allocation; and WHEREAS, the Applicant will enter into a Contract with the State of California. NOW THEREFORE BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby: Approves the filing of an Application for local assistance funds from the Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project(s); and 3. Certifies that the Applicant has reviewed, understands and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and Appoints the City Manager as agent to conduct all negotiations, execute and submit all documents including, but not limited to Applications, agreements, payment requests and so on, which may be necessary for the completion of Proj ect(s). ! 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 ,2003 by the following vote: AYE S: NOES: ABSTAIN: ABSENT: S:\Current Reso's\ 10-22per.capita.grant.doc ATTEST: City Clerk Date: To: From: Subj eot: October 22, 2003 Honorable Mayor and City Council Assistant City Manager RESOLUTION OF SUPPORT FOR A BALLOT MEASURE TO PROTECT LOCAL REVENUES RECOMMENDATION: It is recommended that the City Council adopt a resolution supporting a statewide ballot initiative to require voter approval before the State government may confiscate local tax funds. BACKGROUND/DISCUSSION: The results of the recent State budget allocations and legislative session have reinforced the need to pursue different strategies to achieve local government fiscal stability and tax relief. The Association of Bay Area Governments (ABAG) believes that the League of California Cities and the California State Association of Counties sponsorship of a ballot measure to protect local revenues and limit State take-a-ways is an important alternative strategy. The ABAG Executive Board voted unanimously to support the ballot measure and campaign effort at its Board meeting on September 18, 2003. In addition, the Executive Board fully endorsed recommendations that ABAG member city councils and boards of supervisors review and adopt similar resolutions, and that the Resolution be presented to ABAG membership at the annual ABAG Business Meeting during the spring General Assembly in April, 2004. Assistant City ~ a__anager Approved: Michael A. Wilson City Manager Attachment: Resolution RESOLUTION CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RES()L[iTION SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY CONFISCATE LOCAL TAX F[TNDS WHEREAS, the state annually seizes $824 million of City property tax funds (ERAF), seriously reducing resources available for local public safety and other services and increasing pressure on cities to raise fees on new housing developments, increasing the cost of housing; and WHEREAS, in adopting the Fiscal Year 2003-04 state budget the Legislature and Governor confiscated local vehicle license fee backfill and redevelopment property tax funds that are needed to finance critical city services such as public safety, housing and economic development; and WHEREAS, the fiscal year 2003-04 budget also relies on a deficit bond financing program opposed by the League that is predicated on a local property and sales tax swap that leaves cities vulnerable to future losses if the state's economic condition fails to improve; and WHEREAS, the adopted budget assumes the state will continue to face an ongoing structural budget deficit of at least $8 billion, putting local government financial resources at risk in future years; and WHEREAS, it is abundantly clear that state leaders will continue to use local tax funds to balance the state budget unless the voters limit the power of the Legislature and Governor to do so; and WHEREAS, research conducted by the League in recent years indicates that an initiative that requires voter approval before the state government can confiscate local tax funds would likely be supported by an overwhelming number of voters; and WHEREAS, the voters of California are the best judges of whether funds traditionally used to finance valuable community services should be diverted, confiscated, shifted or otherwise taken by the Legislature to finance an ever expanding state government; and WHEREAS, the Board of Directors of the League of California Cities by unanimous roll call vote at its July 2003 meeting voted to sponsor a statewide ballot initiative to empower the voters to limit the ability of state government to confiscate local tax funds to fund state government; and WHEREAS, the League Board of Directors has established a political action committee, known as CITIPAC, to raise private funds to finance part of the cost of such statewide initiative campaign; and WHEREAS, the Board has requested that city officials across the state participate in this private fundraising to finance such a ballot measure campaign; and BE IT RESOLVED by the General Assembly of the League of California Cities assembled in Annual Conference in Sacramento, September 10, 2003, that the action of the Board of Directors to sponsor such an initiative be ratified; and BE IT FURTHER RESOLVED that the Board invite the City Councils of the member cities of the League to adopt similar resolutions, supporting such an initiative and encouraging city officials and others to dedicate their personal time to the campaign to secure voter approval of the initiative; and BE IT FURTHER RESOLVED that all city officials are called upon to unite and lend their valuable personal time and personal financial support to this campaign to provide the voters of California the power to reestablish limitations on the power of the Legislature and Governor to seize local tax funds that finance vital local services. I hereby certify that the foregoing Resolution was regularly introduced and adopted by the City Council of the City of South San Francisco, held on the __ day of ,2003, by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\l 0-8qualified.petitioned.reso.doc ATTEST: City Clerk I Staff Re ort DATE: TO: FROM: SUBJECT: October 22, 2003 Honorable Mayor and City Council Jennifer A. Bower, Director of Human Resources Resolution Approving an Updated Joint Powers Agreement Between the City of South San Francisco and the Bay Area Employment Relations Service (BA}mS) RECOMMENDATION Adopt a resolution to approve an updated Joint Powers Agreement between the City of South San Francisco and the Bay Area Employment Relations Service (BAERS) and authorize the City Manager to take such steps as are necessary to sign the agreement. BACKGROUND/DI SCUS SION Since 1974 the Employment Relations Service (ERS), as it was then known, has provided information to public agency members that operates under a joint powers agreement. Members used the data that ERS provided to analyze and determine salaries, benefits, and related policies that affect both represented and unrepresented employees. Typically the information was used for City processes, such as labor negotiations, periodic compensation studies, and position/classification studies The joint powers agreement is replacing the current ERS contract and is being updated principally to adapt to changes in services and delivery methods that have occurred since it was last modified in 1987. At that time, the core service was provided by manual, written reports. Today, the core functions are provided by an on-line service. The structure now consists of a database and web pages for storing, updating, processing, and displaying the website contents. The website data currently covers 54 member agencies and summarizes memoranda of understanding and benefits for over 260 collective bargaining units. It also includes approximately 3,600 total compensation records that can be used to generate on-line surveys in 40 occupational categories. As new data becomes available, BAERS staff updates the site thereby making it continuously available and up-to-date for member agencies. Because of the change in how the service is delivered, a new BAERS agreement needs to be completed, which is replacing the current ERS agreement. Staff Report Subject: BAERS Joint Powers Agreement Page 2 The agreement has no significant changes: it still vests policy control in a board comprised of one representative from each member agency. The management committee would continue, but in a more clearly defined way to analyze issues and make policy, budget, and fee recommendations. The agreement will still vest responsibility in BAERS staff to maintain and enhance the structure and content necessary for an Internet site that now serves as the primary vehicle for sharing compensation and related information among member agencies. The new agreement will still continue the County of Santa Clara's as the host agency and the employer of BAERS staff. Under the new agreement, members may not withdraw for a one-year period commencing with the effective date of its participation. However, following that commitment period, member agencies may withdraw, as before, at the end of each fiscal year. Some other changes are confidentiality in relationship to the California Public Records Act and that a two-thirds vote of the full membership must be made in order to make a change in the agreement. COSTS There are no additional membership costs for adopting this updated BAERS agreement. By: /~rr e-c ~(~rn~}f~truI~aBn °R~:~ur c e s Appr°ved'~M .~Wl ]~~ ~~ City Manager Attachment: Exhibit A: Resolution Exhibit B: Form JAB-10/16/03 F:kFile Cabinet\City CouncilXMisc Staff Reports~BAERS.doc 09/12/03 JOINT POWERS AGREEMENT FOR THE BAY AREA EMPLOYEE RELATIONS SERVICE TABLE OF CONTENTS RECITALS .................................................................................................................................................... ARTICLE 1-DEFINITIONS ....................................................................................................................... 2 ARTICLE 2-PURPOSES ............................................................................................................................. 2 ARTICLE 3-PARTIES TO THE AGREEMENT ..................................................................................... 2 ARTICLE 4- POWERS OF THE BAY AREA EMPLOYEE RELATIONS SERVICE ....................... 3 ARTICLE 5- METHOD BY WHICH THE PURPOSE OF THE AGREEMENT WILL BE ACCOMPLISHED ....................................................................................................................................... 3 ARTICLE 6- BOARD OF DIRECTORS ................................................................................................... 3 ARTICLE 7- POWERS OF THE BOARD OF DIRECTORS ................................................................. 3 ARTICLE 8-MEETING OF THE BOARD OF DIRECTORS ................................................................ 4 ARTICLE 9-MANAGEMENT COMMITTEE ......................................................................................... 5 ARTICLE 10-POWERS OF THE MANAGEMENT COMMITTEE ..................................................... 5 ARTICLE Il-MEETINGS OF THE MANAGEMENT COMMITTEE ................................................. 6 ARTICLE 12-OFFICERS OF BAERS ....................................................................................................... 6 ARTICLE 13-ACCOUNTS AND RECORDS ........................................................................................... 7 ARTICLE 14-RESPONSIBILITY FOR MONIES ................................................................................... 7 ARTICLE 15-RESPONSIBILITIES OF BAERS ..................................................................................... 8 ARTICLE 16- RESPONSIBILITIES OF THE MEMBERS .................................................................... 8 ARTICLE 17-NEW MEMBERS .............................................................................................................. 10 ARTICLE 18-LIABILITY ........................................................................................................................ 10 ARTICLE 19-WITHDRAWAL ................................................................................................................ 11 ARTICLE 20- EFFECT OF WITHDRAWAL ........................................................................................ 11 ARTICLE 21-CANCELLATION ............................................................................................................. 11 ARTICLE 22-TERMINATION AND DISTRIBUTION ........................................................................ 11 ARTICLE 23-PROVISION FOR BYLAWS AND MANUAL ............................................................... 12 ARTICLE 24-NOTICES ............................................................................................................................ 12 ARTICLE 25-AMENDMENT ................................................................................................................... 12 ARTICLE 26-SEVERABILITY ............................................................................................................... 13 ARTICLE 27-ARTICLE HEADINGS ..................................................................................................... 13 ARTICLE 28-TERM OF AGREEMENT ................................................................................................ 13 ARTICLE 29-FULL AGREEMENT ........................................................................................................ 13 BAERS AGREEMENT 9/12/03 JOINT POWERS AGREEMENT FOR THE BAY AREA EMPLOYEE RELATIONS SERVICE This agreement is made and entered into on January 1, 2004, by and among the public entities organized and existing under the Constitution or laws of the State of California, hereinafter collectively referred to as "Members" or "Parties" and individually as "Member", which are parties signing this Agreement. RECITALS Whereas, California Government Code Section 6500 et seq. provides that two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and Whereas, the parties are public agencies as that term is defined in California Government Code Section 6500 dealing with Joint Powers Agreements; and Whereas, each of the parties to this Agreement are actively involved in employee relations; and Whereas, the parties have common powers and authority to collect, ref'me, analyze and use information, research and assistance in their respective employee relations; and Whereas, each of the parties to this Agreement desires to join together with the other parties for the purpose of consolidating confidential information, research, and assistance functions and services in preparation for and use for labor negotiations and other authorized uses, in order to realize economic and operational efficiencies. Whereas, the name of the Intergovernmental Employee Relations Service has been changed to Bay Area Employee Relations Service to reflect the expanded membership base of the nine bay area counties, Now, therefore, for and in consideration of all the mutual benefits, covenants and agreements contained herein, the parties hereto agree as follows: BAERS AGREEMENT 9/12/03 ARTICLE 1-DEFINITIONS The following de£mitions shall apply to the provisions of this Agreement: (a) (b) (c) (d) (e) Agreement shall mean the Joint Powers Agreement for the Bay Area Employee Relations Service. BAERS shall mean the Bay Area Employee Relations Service. Board of Directors or Board shall mean the governing body of the Bay Area Employee Relations Service. County shall mean the County of Santa Clara. Management Committee shall mean the Management Committee of the Bay Area Employee Relations Service Board of Directors. ARTICLE 2-PURPOSES This Agreement is entered into by the Members pursuant to the provisions of the California Government Code Section 6500 et seq. in order to consolidate information, research and assistance functions and services in preparation for and use for labor negotiations that are necessary and relevant to the operation of the respective employee relations of the parties. By this Agreement, the parties do not create an agency or entity separate from the parties themselves The method of implementing these purposes and executing these powers is to provide employee relations services in accordance with the terms and conditions hereof through the staff and facilities of the County of Santa Clara. ARTICLE 3-PARTIES TO THE AGREEMENT Each party to this Agreement certifies that it intends to and does contract with all other parties who are signatories of this Agreement and, in addition, with such other parties as may later be added as parties to and signatories of this Agreement pursuant to Article 17. Each party, to this Agreement also certifies that the deletion of any party from this Agreement, pursuant to Article 19 and 20, shall not affect this Agreement nor the intent to contract as described above with the other parties to the Agreement then remaining. BAERS AGREEMENT 9/12/03 ARTICLE 4- POWERS OF THE BAY AREA EMPLOYEE RELATIONS SERVICE BAERS shall have the powers common to its Members and is hereby authorized to do all acts necessary for the exercise of said common powers, including, but not limited to, any or all of the following: (a) To provide for the delivery of employee relations services through County employees and at facilities of the County; (b) To incur debts, liabilities or obligations in accordance with a duly approved budget; (c) To levy and collect fees and charges, including administrative and operating costs, as provided by this Agreement or by law; (d) To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement, or otherwise as authorized by law. ARTICLE 5- METHOD BY WHICH THE PURPOSE OF THE AGREEMENT WILL BE ACCOMPLISHED BAERS shall provide for the delivery of employee relations services using employees of the County and at facilities of the County. ARTICLE 6- BOARD OF DIRECTORS BAERS shall be governed by the Board of Directors which is hereby established and which shall be comprised of one representative from each Member. Each Member shall have one (1) vote. Each Member shall also designate an alternate who shall serve in the absence of its regular representative. The alternate shall have the authority to attend, participate in and vote at any meeting of the Board of Directors when the regular member for whom he or she is an alternate is absent from said meeting. ARTICLE 7- POWERS OF THE BOARD OF DIRECTORS The Board of Directors shall have the following powers and functions: (a) To establish priorities in the performance of services. (b) (c) (d) (e) (f) (g) (h) BAERS AGREEMENT 9/12/03 To approve and adopt the annual fiscal year operating budget (July 1 through June 30) of BAERS. To receive and review periodic accountings of all funds under Article 13 and 14 of this Agreement. To have the power to conduct on behalf of BAERS all business of BAERS. To elect from its Members pursuant to Article 9 of this Agreement, a Management Committee to which it may delegate authority to make and implement any decision that the Board is authorized to make under this Agreement, except the following: 1. Action that would require an amendment to this Agreement, under Article 25 herein; 2. Change in the fee schedule; 3. Action that would f'mancially obligate the parties in any way, except as set forth in Article 10; 4. Selection of the President, Vice-President and members of such Management Committee. To review all acts of the Management Committee, and shall have the power to modify and/or override any decision or action of the Management Committee upon a majority vote of a quorum of the Board of Directors, unless this would interfere with a legal obligation made by the Management Committee and result in BAERS liability. To adopt Bylaws for the conduct of its business consistent with this agreement and with all applicable laws. To have such other powers and functions as provided by this Agreement. (a) ARTICLE 8-MEETING OF THE BOARD OF DIRECTORS Meetings. The Board of Directors shall establish its regular meetings. It shall hold at least two regular meetings annually, at a time and place determined by the Management Committee. The Board may hold special meetings as required. (b) (c) (d) BAERS AGREEMENT 9/12/03 Minutes. BAERS shall keep minutes of regular and special meetings of the Board of Directors and shall as soon as possible after each meeting, forward a copy of the minutes to each member of the Board. Quorum. A majority of the members of the Board of Directors shall constitute a quorum for the transaction of business. A vote of the majority of those members present at a meeting shall be sufficient to constitute action by the Board of Directors. Compliance with the Brown Act. All meetings of the Board of Directors, including regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, California Government Code Section 54950 et seq. (a) (b) ARTICLE 9-MANAGEMENT COMMITTEE There shall be a Management Committee of the Board of Directors, which shall consist of seven (7) members, one of which shall be the County. Two of the members of the Management Committee shall be the President and Vice-President. The other members of the Management Committee shall be elected by the Board of Directors pursuant to the conditions and terms provided in the Bylaws. The President of the Board of Directors, or the Vice-President in his or her absence, shall also serve as the President of the Management Committee. Compliance with the Brown Act. Ail meetings of the Management Committee, including regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, California Government Code Section 54950 et seq. ARTICLE 10-POWERS OF THE MANAGEMENT COMMITTEE The Management Committee of the Board of Directors shall have the following powers: (a) To prepare the operating budget of BAERS for each fiscal year, subject to review, modification and approval by the Board of Directors, as provided for in Article 8. (b) To receive and act upon reports of any sub- committee established by the Board of Directors. (c) To create Bylaws as necessary. BAERS AGREEMENT 9/12/03 (d) (e) (g) (h) To review new members for acceptance or rejection, To solicit performance feedback of BAERS on a regular basis and provide the information to the County. In conjunction with a representative of the County, to establish annual performance objectives for the Director, Bay Area Employee Relations Service. The Management Committee shall annually evaluate the performance of the Director, Bay Area Employee Relations Service against the performance objectives established. The County shall consider Management Committee input in the formal County performance evaluation of the Director, Bay Area Employee Relations Service. In the event the position of Director, Bay Area Employee Relations Service becomes vacant, the Management Committee and the County shall jointly participate in the recruitment and selection process of a new Director. The Management Committee shall make a hiring recommendation to the County, which has the sole authority to select the new Director, Bay Area Employee Relations Service. Have such other powers and functions as are provided for in this Agreement or as delegated by the Board of Directors. ARTICLE Il-MEETINGS OF THE MANAGEMENT COMMITTEE The meetings of the Management Committee shall be held at least twice a year at a time and date set by the President. (a) ARTICLE 12-OFFICERS OF BAERS President. The Board of Directors shall elect a President, to hold office for a one-year term, except as hereinal~er provided and until a successor is elected. In the event the President ceases to be a member of the Board of Directors, the resulting vacancy shall be filled at the next regular meeting of the Board of Directors held after such vacancy occurs. In the absence or inability of the President to act, the Vice President shall act as President. Should the Vice President not be available, the Management Committee shall name an Acting President who shall serve until the next regular Board meeting. The President serves at the pleasure of the Board, (b) (c) BAERS AGREEMENT 9/12/03 and receives no compensation for these services. Reasonable expenses incurred on the Board's behalf are reimbursable. Vice President. The Board of Directors shall elect a Vice President, to hold office for a one-year term, except as hereinafter provided and until a successor is elected. In the event the Vice President so elected ceases to be a member of the Board of Directors, the resulting vacancy shall be filled at the next regular meeting of the Board of Directors held after such vacancy occurs. In the absence or inability of the President to act, the Vice-President shall act as President. The Vice President serves at the pleasure of the Board, and receives no compensation for service. Reasonable expenses incurred on the Board's behalf are reimbursable. Other. The Board of Directors may create other offices as needed (a) (b) (c) (d) ARTICLE 13-ACCOUNTS AND RECORDS Annual Budget. The Board of Directors of BAERS shall adopt an annual operating budget pursuant to Article 7 of this A~eement. Funds and Accounts. The County shall establish and maintain such funds and accounts as may be required by good accounting practice and as recommended by the Management Committee. Books and records of BAERS shall be open to inspection, with reasonable notice, by representatives from Member agencies. County's Fiscal Report. The County, within one hundred and twenty (120) days after the close of each fiscal year, shall' give a complete written report of all financial activities for such fiscal year to the Board of Directors and each Member. Annual Audit. The County shall provide for an annual audit of the accounts and records of BAERS. The audit shall meet the minimum requirements prescribed by the State Controller for special districts by the California Government Code. (a) ARTICLE 14-RESPONSIBILITY FOR MONIES The County shall have the custody of and disburse BAERS funds according to the policies and directions of the Board of Directors. (b) BAERS AGREEMENT 9/12/03 The County shall assume the following duties described in California Government Code Section 6505.5 including: 1. Receive and issue receipts for all money for BAERS and place it in the County treasury in the account of BAERS; o Be responsible for the safekeeping and disbursement of all of BAERS money so held by the County; Pay any other sums due from BAERS only upon warrants signed by the public officer performing functions of Controller; and Report in writing, 15 days after the close of each fiscal quarter, to the members the amount of money held for BAERS, the amount of receipts since the last report, and the amount paid out since the last report. ARTICLE 15-RESPONSIBILITIES OF BAERS BAERS shall perform the following functions in discharging the responsibilities under this Agreement: (a) Develop and maintain a confidential Intemet based database containing employee relations data as set forth in the Bylaws for use by Members. (b) Perform other special services as requested by individual Members related to collection, ref'mement and analysis of data, and other such research and assistance functions essential for labor relations as set forth in the Bylaws; and (c) Have such other responsibilities as deemed necessary, by the Board of Directors or Management Committee in order to carry, out the purposes of this Agreement. (a) ARTICLE 16- RESPONSIBILITIES OF THE MEMBERS Responsibilities. Each Member shall have the following responsibilities: To appoint a representative and an alternative representative with knowledge of the Member's labor relations to the Board of Directors, pursuant to Article 6 of this Agreement. (b) BAERS AGREEMENT 9/12/03 Each Member shall appoint an employee to be responsible for responding to requests for information, and to serve as liaison to BAERS. Each Member shall pay all fees in accordance with the fee schedule, adopted annually pursuant to the Bylaws, including fines that may be assessed for not meeting member obligations. Each Member shall provide BAERS with information related to salaries, benefits, labor settlement information as stated in the final Memoranda of Understanding and other data as may be necessary for BAERS to carry' out services provided under this Agreement. 5. Each Member shall comply with all bylaws, rules and regulations adopted by the Board of Directors and Management Committee. Confidentiality. Each Member shall have access to all data and information collected by BAERS in preparation for and during periods of labor negotiations that are necessary and relevant to the operation of the respective employee relations of the parties. Each Member agrees to treat such information in confidence and for use only for the purposes contemplated in the Agreement. A Member shall not release any of the information to any entity or other party except in the course of labor negotiations or as consented to by the County. This shall not preclude a Member from such limited reproduction and distribution of such information within its own agency as is necessary for such Member's employee relations activities, nor shall it preclude a Member from using the information for purposes of discussing same with other Members. In the event that a Member receives a California Public Records Act request, subpoena, court order, or other legal document requiting release of the information, or is informed that such document is being requested, the Member shall notify the County in order to permit the County to review the matter and provide a recommendation to insure uniform responses. In its discretion, the County may seek a protective order or other similar order. Members shall be responsible for maintaining effective procedures and controls in respect to web site password security. The Board may authorize BAERS to release data from the web site or documents in its possession for sale to management officials of non- member public jurisdictions with the understanding that the Liability provisions in Article 18 shall apply. BAERS AGREEMENT 9/12/03 ARTICLE 17-NEW MEMBERS With the approval of the Management Committee, new members may be added to BAERS. Approval for new members shall be in accordance with the following procedure: (a) A public agency shall submit a letter of intent and application to the County; (b) The Management Committee shall review the application to determine compatibility with the scope and purpose of BAERS. Members entering under this Article shall become a party to this Joint Powers Agreement and shall execute such documents as necessat3~, which shall be appended to this Agreement. ARTICLE 18-LIABILITY Each party to this JPA Agreement assumes all risks associated with the use of services provided by the County under Paragraph 2 of the Agreement, and will indemnify, hold harmless and defend the County and all other parties to this Agreement from all claims for money or damages arising from alleged errors or omissions of the County. In lieu of and notwithstanding the pro rata risk allocation which might otherwise be imposed between the parties pursuant to Government Code Section 895.6, the parties agree that all losses or liabilities incurred by a party shall not be shared pro rata but instead the County and each Member of this Joint Powers Agreement agree that pursuant to Government Code Section 895.4, each of the parties hereto shall fully indemnify and hold each of the other parties, their officers, board members, employees and agents, harmless from any claim, expense or cost, damage or liability imposed for injury (as def'med by Government Code Section 810.8) occurring by reason of negligent acts or omissions or willful misconduct of the indemnifying party, its officers, board members, employees or agents, under or in connection with the use by a party of any services or data provided under this Agreement. No party, nor any officer, board member, employee or agent thereof shall be responsible for any damage or liability occurring by reason of negligent acts or omissions or willful misconduct of other parties hereto, their officers, board members, employees or agents, under or in connection with or arising out of the use by a party, of any services or data provided under this Agreement. 10 BAERS AGREEMENT 9/12/03 ARTICLE 19-WITHDRAWAL A Member of BAERS may not withdraw as a party to this Agreement and as a member of the BAERS for a one-year period commencing with the effective date of its participation in BAERS. Following the one-year irrevocable commitment to the BAERS, a Member may withdraw only at the end of the fiscal year, provided it has given BAERS at least three months written notice of its intent to withdraw from this Agreement. ARTICLE 20- EFFECT OF WITHDRAWAL The withdrawal of any Member from this Agreement shall not terminate this Agreement and no Member by withdrawing shall be entitled to payment or return of any deposits, any consideration of property paid, or donated by the Member to BAERS, or to any distribution of assets. ARTICLE 21-CANCELLATION BAERS shall have the right to cancel any Member's participation in BAERS for non- compliance with the terms of the JPA upon a three- fourths vote of the entire Board of Directors in a regular or special meeting of BAERS where a quorum is present, and with at least 30 days written notice to the Member. Any Member so canceled shall, on the effective date of the cancellation, be treated the same as if the Member had voluntarily withdrawn from BAERS and may be subject to a prorated fee. ARTICLE 22-TERMINATION AND DISTRIBUTION (a) (b) This Agreement may be terminated with 1. The written termination request of three-fourths of the Members, tendered at least six months prior to the end of the fiscal year; or 2. The written termination request of the County, tendered at least six months prior to the end of the fiscal year, and, In the event that this Agreement is terminated in accordance with Section (a) of this Article, BAERS shall continue to exist for the purpose of 11 (c) (d) BAERS AGREEMENT 9/12/03 disposing of any claims, distribution of assets and all other functions necessary.' to terminate the affairs of BAERS. Upon termination of this Agreement, all property of the BAERS shall become the property of the County, under the following terms: 1. Each Member shall be entitled to an electronic copy of the web- based data created for BAERS. 2. Funds of BAERS shall be distributed among the Members in accordance with and proportional to their base annual fee, as defined in the Fee Schedule. The Management Committee is vested with all powers of BAERS for the purpose of dissolving the business affairs of BAERS. The decisions of the Management Committee under this article shall be final. ARTICLE 23-PROVISION FOR BYLAWS AND MANUAL The Board shall cause to be developed Authority Bylaws to govern the operations of BAERS. Each Member shall have electronic access to any Bylaws developed under this Article. ARTICLE 24-NOTICES Notices to Members hereunder shall be sufficient if delivered to the administrative office of the respective Member via first class mail, facsimile or electronic mail with receipt confirmation. ARTICLE 25-AMENDMENT This Agreement may be amended at any time by a two-thirds vote of the full membership of the Board of Directors, with the exception of an amendment to Article 22, which shall require a three-fourths vote of the entire Board of Directors. Signatures shall not be required on any such amendment by those Members, if any, whose Director did not approve the amendment; however, such Members shall nonetheless be bound by the amendment as if it were approved by all Members. 12 BAERS AGREEMENT 9/12/03 ARTICLE 26-SEVERABILITY If any provision of this Agreement is found by a court of competent jurisdiction to be void, invalid or unenforceable, the same will either be reformed to comply with applicable law or stricken if not so conformable, so as not to affect the validity or enforceability of this Agreement. ARTICLE 27-ARTICLE HEADINGS All section headings contained in this Agreement are for convenience and reference only. ARTICLE 28-TERM OF AGREEMENT This Agreement is effective on January 1, 2004 and shall continue until and unless terminated as provided in Article 22. ARTICLE 29-FULL AGREEMENT The foregoing constitutes the full and complete Agreement of the parties. There are no oral understm~dings or agreements not set forth in writing herein. IN WITNESS WHEREOF, the parties hereto have first executed this Agreement by authorized officials thereof on the date indicated below: Agency: By: Title: Date: Approved as to form and legality: By: Title: Date: BAERSAGREEMENT91203 13 RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION A[J I HORIZIN G ,~UN AGREEMENT BErDvVEEN THE CITh' OF SOUTH SAN FIL~_NCISCO AND BAY ~RE,A EMPLOYMENT RELATIONS SERVICES (BAERS) WHEREAS, the City desires to enter into an agreement with Bay Area Employment Relations Services (BAERS); and WHEREAS, the BAERS agreement will replace the already existing agreement the City has with Employment Relations Services (ERS). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby authorizes an agreement between the City of South San Francisco and Bay Area Employment Relations Services (BAERS). BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the agreement on behalf of the City of South San Francisco. 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 ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST: C:~DOCUME- 1 \cmorgan'~LOCALS- l'xTemp\ 10-22agree.with. BAERS.res.doc City Clerk Staff Report DATE: October 22, 2003 TO: Honorable Mayor and City Council FROM: Library Director SUBJECT: RESOLUTION AUTHORIZING THE ACCEPTANCE OF A $4,000 LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA) GRANT AND A $2,000 GRANT FROM THE CITIGROUP FOUNDATION AND AMENDING THE LIBRARY DEPARTMENT'S 2003/2004 OPERATING BUDGET. RECOMMENDATIONS It is recommended that the City Council approve a resolution authorizing the acceptance of an LSTA grant in the amount of $4,000 from the California State Library and a grant of $2,000 from the Citigroup Foundation. These funds will be designated to Project Read and should amend the Library Department's 2003/2004 operating budget. BACKGROUND Project Read has been offering learners and students a book discussion group for the last three years. This year, through an LSTA grant, we will receive funds to enrich the learning experiences of students in our program with expanded book discussions, using books in combination with books on tape. The grant will feature books like Mitch Albom's Tuesdays with Morrie, Steve Martin's Shopgirl, and Lance Armstrong's It's Not About the Bike. In addition, we received $2,000 from the Citigroup Foundation to purchase materials for Project Read learners and tutors. FUNDING: Grant funds received in fiscal year 2003/2004 will be used to amend the Library Department's current budget. Funds not expended by the end of fiscal year 2003/2004 will be carried over into fiscal year 2004/2005. Receipt of these funds does not commit the City to ongoing support after the close of the funding cycle. By: Valerie Sommer Library Director Michael A. Wilson City Manager Attachments: Resolution Staff Report I DATE: TO: FROM: SUBJECT: October 22, 2003 The Honorable Mayor and City Council The Director of Public Works CITY OF SOUTH SAN FRANCISCO LINDENVILLE REHABILITATION AND FLOOD CONTROL SEWER & STORM RECOMMENDATION: It is recommended that the City Council adopt a resolution to award the construction contract to Bay Pacific Pipelines, Inc., in the amount of $297,000 for a temporary lift station as an interim project to mitigate the flooding caused by heavy rain in the Lindenville area of South San Francisco and approve the purchase of three self-priming pumps from Thomas and Associates in the amount of $100,000 through the City of South San Francisco. BACKGROUND/DISCUSSION: The areas adjacent to South Linden Avenue, Victory Avenue and South Maple Avenue are subject to street flooding during heavy storms, and Colma Creek breaching containment. This area of town has been flooding for approximately 70 plus years. The problem is compounded by subsidence in the area that has sunk some two to three feet over time that caused the storm drain slopes to reverse and allowed storm infiltration to the sewer system due to joint rotation. The sewer system infiltration will be alleviated by the Wet Weather Program previously approved by Council and is now under construction. The elimination of flooding in the Lindenville area requires a project with two parts: A. Temporary structure and pumps (this staff report - 2003) B. Permanent structure, new drains and pumps to be designed and constructed in 2004 C. Purchase of pumps by City of South San Francisco (to expedite and meet time line) Staff Report To: Re: Date: The Honorable Mayor and City Council City of South San Francisco Lindenville Sewer & Storm Rehabilitation and Flood Control October 22, 2003 Page: 2 of 3 Phase A consists of a concrete box lift station, gate valve and new pumps. When the permanent project is installed, the pumps will be assigned to the Water Quality Control Plant (WQCP) for emergency use. (Seismic study recommends WQCP keep emergency pumps on standby and will be budgeted in 2004 WQCP Budget). Three bid proposals were received as follows: CONTRACTOR AMOUNT Bay Pacific Pipelines, Inc. Novato, CA 94948-1162 $297,000.00 D'Arcy & Harty Construction San Francisco, CA 94124 $332,000.00 Ranger Pipelines Inc. San Francisco, CA 94124 $341,500.00 The three self-priming pumps will be purchased through the City of South San Francisco from Thomas and Associates in the amount of $100,000. The following is a cost breakdown for the project budget: Construction Pumps Inspection Contingency $297,000.00 $100,000.00 $ 20,00O.00 $ 50,000.00 Total $467,000.00 Staff Report To: Re: Date: The Honorable Mayor and City Council City of South San Francisco Lindenville Sewer & Storm Rehabilitation and Flood Control October 22, 2003 Page: 3 of 3 Phase A of this project will be funded by the Sewer Enterprise Fund and Storm Water Prevention Program. Both Phase A & B will be added to the Wet Weather program as Part V and will be funded by the State Revolving Fund Loan program (approved by State Board). B Y: JD~enct~rbob~;u~li c Works ~3~h~_~_ .el A' Wilso City Manager ATTACHEMENTS: Resolution Price Quote from Thomas & Associates (3) Proposals JG/ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CAL~ORNIA A RESOLUTION AV~ZARDING A CONSTRUCTION CONTRACT TO BAY PACIFIC PIPELINES, INC. IN THE AMOUNT OF $297,000 AND APPROVING THE PURCHASE OF THREE SELF-PRIMING PUMPS FROM THOMAS AND ASSOCIATES IN THE AMOUNT OF $100,000 WHEREAS, staff recommends awarding the construction contract to the lowest responsible bidder, Bay Pacific Pipelines, Inc. in the amount of $297,000 for a temporary lift; and WHEREAS, staff recommends approval for the purchase of three self-priming pumps from Thomas and Associates in the amount of $100,000; and WHEREAS, Phase A of this project will be funded by the Sewer Enterprise Fund and Storm Water Prevention Program; and WHEREAS, Phase A & B will be added to the Wet Weather Program as Part V and will be funded by the State Revolving Fund Loan program (approved by State Board). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby awards the construction contract to Bay Pacific Pipelines, Inc. in the amount of $297,000 for a temporary lift station as an interim project to mitigate the flooding caused by heavy rain in the Lindenville area of South San Francisco. BE IT FURTHER RESOLVED that Council approves the purchase of three self-priming pumps from Thomas and Associates in the amount of $100,000. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. 668345-1 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 ,2003 by the following vote: AYES: NOES: ABSTAIN: ABSENT: S:\Current Reso's\l 0-221indenville.award.contract.doc ATTEST: City Clerk 668345.1 THOMAS t AND ASSOCIATES DISTRIBUTOR OF PUMPS 7 PAMARON WAY, SUITE A October t, 2003 NOVATO, CA 94949 TELEPHONE; 41~;-a84--4S01 FAX: 415-..883-3961 Carollo Engineers 2700 Ygnacio Valley Road, Suite 300 Walnut Creek, CA 94598 Attention: Elaine Chiu Subject: South San Francisco Emergency Storm Water Pump Units Dear Elaine: We are pleased to offer the following pump units for your Emergency Storm Water Pump Station. W ~ e offer Gorman-Rupp Model TSA6~:;;~-4045T-A 8" Self-Priming Pumps directly driven by John Deere 4 Cylinder ~ Cooled Diesel Engine, mounted on a fabricated steel skid type base and equipped with Automatic Liquid Level Controls with 150 feet of control cable. A~so included would be a 12 volt battery for starting the engine. Units to be supplied as standard per Specification Sec. 45, Page ~ (copy attached). Your net pdce $29,229.00 each. FOB Factory Freight r~ot included. Subject to Thomas and Associates Standard Terms and Conditions of Sale. Price does not include any Federal, State or Local Sales or Use Tax. Standard Factory Finish. Units will be shipped separately and invoiced as separate units. Delivery is estimated to be as indicated on the attached fax from Gorman-Rupp. If you have any questions, pieese contact our office. Very truly yours, THOMAS AND. ASSOCIATES C. W. Thomas Bay Pacific Pipelines, Inc. P.O. Box 1162 · Novato. CA 9494,8-1162 · Tt'l: 1415) g97 695~I · F,\X: (4!5i 897-F109 ]~ECEIVED OCT 1 ~ 2003 October 15, 2003 City of South San Francisco 315 Maple Avenue South San Francisco, CA 94083 Attn: John Gibbs, Dir. Of Public Works Re~ Linden Avenue, Victory Avenue Emergency Storm Water Pump Station. Dear John: Bay Pacific Pipelines proposes to install structure, flap gate and city-fimfished Pumps for the lump sum price of $297,000.00. I can be reached at 415 897-6958 or 415 850-6874 (cell. Number) should you have any Sincerely, Eugene'~arew, Vice-Pre~ident. Bay Pacific Pipehne~ Inc. lheSl'Rlul BID BOND Surety St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Underwriters, Inc~ Fidelity and Guaranty Insurance Company Principal Office: 385 Washington Street St. Paul, Minnesota 55102 Seaboard Surety Company Principal Office: 5801 Smith Avenue Baltimore, Maryland 21209 KNOW ALL MEN BY THESE PRESENTS, that and United States Fidelity and * Bay Pacific Pipelines Inc. of P.O. Box 1162, Novato, CA 94948 as Principal, a Maryland corporation, as Surety, are held and firrnly boundunto City o£ South San Francisco as Obligee, in the full and just sum of Ten Percent Of Amount Bid (107; of Amount Bid) Dollars, lawful money of the United States, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. *Guaranty Company WHEREAS, the said Principal is herewith submitting its proposal Linden Ave. - Vi ctory Avenue ~uergency Storm Water Pump Station TltE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obhgation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the mount of the bid of the said Principal and the amount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered 15 th , ~yof October 2003 85274 Rev. 9-2000 Printed in U.S.A. ~t~omey-~act f John J//Ca~;-~ ~~ (Seal) (Seal) /The [Paul POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. Power of Attorney No. 23865 Cert'"nate o. 17 9 0 5 4 I KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the laws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint R. A. Bass, Linda Pelletier, John J. Casey, James B. Shea, and Therese A. McNulty of the City of Sail Francisco State California ' , their true and lawful Attomey(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by' law. 9th May 2003 IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this day of Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company State of Maryland City of Baltimore United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. PETER W. CARMAN. Vice President THOMAS E. itUIBREGTSE, Assistant Secretary On this 9~ day of May , 2003 , before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretaw, respectively of Seaboard Surety Company, St. Paul Fire and Mar/ne Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelit? and Guaranty Insurance Company, and Fidelity and Guaranty insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the natnes of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 1st day of July, 2006. REBECCA EASLEY-ONOKALA, Notary Public 6203 Rev. 7-2002 Printed in U.S.A. CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Francisco On October 15, 2003 before me, personally appeared John J. Casey Rosemary Maryannis, Notary Public Name and Tille of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) [] personally known to me -OR- [] proved to me on the basis of satisfactory evidence to be the ~ ~tk~r ~~..'_CA_ L {F-dr N IA 9 person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WlT~S_~my hand and of~cial seal. JSignature of ~ Public ........................................ OPTIONAL ......................................... Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Bid 3ond Document Date: October 15, 2003 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Number of Pages: 2 Signer's Name: John J. Casey Signer's Name: General [] Individual [] Corporate Officer [] Titles(s): [] Partner-[] Limited [] [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Top of Thumb here Signer Is Representing: United States Fidelity and Guaranty Company [] Individual [] Corporate Officer [] Title(s): [] Partner-[] Limited [] [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: General Top of Thumb here BD-1133 09/00 3ct-16-03 03:08P P.01 D'Arc & Hart Construction Inc. 1300 Carroll Ave., San Francisco, Ca 94124 Lic, ¢/-474146 FAX Date: /03 Number of ;les including cover I I II II .... .r~x .ho.~: (~C0) ~'Z i,,..Z~J__ CC: I~ll .......... From: Mike D'arcy _D'Ar_.Cy & Harry Construction Phone: (415) 822 5200 Fax Phone: (415) 822 0747 CC: I II I III III ~_~. Remarks _ Urgent X For your review __ Reply ASAP 2 JLI Please comment ii Iii _lJl II1[ IIII 0ct--16-03 03:08P P.02 D'ARcY & HARTY CONSTRUCTION, INC. Oct 16~' , 2003 City of South San Francisco P, O, B()x 711 South San Francisco, CA 94080 Attn Mi' John Gibbs Director of Public Works Linden Ave/Victow Ave hunp Station We propose to pertbrm the work as c)utlined in the plans and specifications fi~r the lump sum price of $3:~2,000.00 ( Three Hundred and Thirty TwoThousand dollars) The work includes (a) Excavation (b) Shoring (c) Structural concrete (d) Mechanical work questions 1300 Carroll Avenue · San Francisco, CA 94124 USA · CA License ~474146 415/822-5200 Fax 415/822-0747 RANGER PIPELINES INC. GENERAL ENGINEERING CONTRACTORS LICENSE NUMBER 417996 October 16, 2003 Mr. John Gibbs Director of Public Works City of South San Francisco 400 Grand Avenue P.O. Box 711 South San Francisco, CA. 94080 PROPOSAL FOR LINDEN AVENUE/VICTORY AVENUE EMERGENCY STORM WATER PUMP STATION In accordance with the plans and specifications for the above referenced project dated 10/3/03. the following is Ranger Pipelines' lump sum price for the project. LUM SUM: $341,500.00 A bid bond is included as part of this proposal. 'moSI'Rlul BID BOND Surety SC Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United State~ Fidelity and Guaranty Company Fidelity and Guaranty Insurance Underwriters, Inc. Fidelity and Guaranty Insurance Company Principal Office: 385 Washington Street St. Paul, Minnesota 55102 Seaboard Surety Company Principal Office: 5801 Smith Avenue Baltimore, Mawland 21209 KNOW ALL MEN BY THESE PRESENTS, that Ranger Pipelines Incorporated of 1296 Armstrong Avenue San Francisco, CA 94124 as Principal, and St. Paul Fire and Marine * a Minnesota bound unto City of South San Francisco corporation, as Surety, are held and finnly as Obligee, in the full and just sum of Ten Percent Of Amount Bid (10% of Amount Bid) Dollars, lawful money of the United States, for the payment of which sun% well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. *Insurance Company WHEREAS, the said Principal is herewith submitting its proposal Linden Ave. - Victory Ave. TItE CONDITION OF THIS OBLIGATION is such that if the aforesaid Principal shall be awarded the contract the said Principal will, within the time required, enter into a formal contract and give a good and sufficient bond to secure the performance of the terms and conditions of the contract, then this obhgation to be void; otherwise the Principal and Surety will pay unto the Obligee the difference in money between the amount of the bid of the said Principal and the mount for which the Obligee legally contracts with another party to perform the work if the latter amount be in excess of the former, but in no event shall liability hereunder exceed the penal sum hereof. Signed, sealed and delivered 15th , day of October 2003 85274 Rev. 9-2000 Printed in U.S.A. Ranger Pipelines Incorporated (Seal) (Seal) Surety Company: St. Pau~ Fire and Ma~ri~ Insurance Company POWER OF ATTORNEY Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, lnc. 23865 Power of Attorney No. Cer""eateNo. 1790540 KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, and that St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the laws of the State of Minnesota, and that United States Fidelity and Guaranty Company is a corporation duly organized under the taws of the State of Maryland, and that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint R. A. Bass, Liada Pelletier, John J. Casey, James B. Shea, and Therese A. McNulty San Francisco California of the City of State , their true and lawful Attorney(s)-in-Fact, each in their separate capacity if more than one is named above, to sign its name as surety to, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or penrfitted in any actions or proceedings allowed by law. 9t~ May 2003 IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and sealed this day of Seaboard Surety Company St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company k~ State of Ma~land City of Baltimore 9m On this day of May United States Fidelity and Guaranty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. THOMAS E. HUIBREGTSE, Assistant Secretary 2003 , before me, the undersigned officer, personally appeared Peter W. Carman and Thomas E. Huibregtse, who acknowledged themselves to be the Vice President and Assistant Secretary, respectively, of Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, United States Fidelity and Guaranty Company, Fidelity and Guaranty Insurance Company, and Fidelity and Guaranty Insurance Underwriters, Inc.; and that the seals affixed to the foregoing instrument are the corporate seals of said Companies; and that they, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing the names of the corporations by themselves as duly authorized officers. In Witness Whereof, I hereunto set my hand and official seal. My Cormmssion expires the 1st day of Juls,, 2006. REBECCA EASLEY~ONOKALA, Notary Public 86203 Rev. 7-2002 Printed in U.S.A. ./ CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of San Francisco On October 15, 2003 personally appeared before me, John J. Casey Rosemary Maryannis, Notary Public Name and Title of Officer (e.g., "Jane Doe, Notary Public") Name(s) of Signer(s) [] personally known to me -OR- [] proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/hedtheir ".'~ .... ~- -'%~-,~--'~'~ ^ ~ .~ signature(s) on the instrument the person(s), or the entity upon ~"~ ROSEMARY MARYANNIS ~ behalf of which the person(s) acted executed the instrument. ~/~ -~%~ COMM ~1386009 ~ ~ ' ~ (~~ NOTARY PUbLIC-CALIFORNIA ~ ..... ~J .... ~. .... ~ ~~/ SAN FRANCISCO COUNTY -- vvl~ my nana ana o~,c,a~ sea~. ~ ~ ~ MyComm. ~plres Nov. 19.2006 ~ ~ / ~ OPTIONAL---~ Signature Oa~ Public Though the info~ation be/ow is not required by law, it may prove valuable to pe~ons relying on the document and could prevent fraudulent removal and reaEachment of this fo~ to another document. Description of Attached Document Title or Type of Document: Bid Bond Document Date: October 15, 2003 Number of Pages: 2 Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: John J. Casey Signer's Name: [] Individual [] Corporate Officer [] Titles(s): [] Partner-[] Limited [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: [] General Signer Is Representing: St. Paul Fire and Marine Insurance Company Top of Thumb here [] Individual [] Corporate Officer [] Title(s): [] Partner-[] Limited [] Attorney-in-Fact [] Trustee [] Guardian or Conservator [] Other: Signer Is Representing: [] General Top of Thumb here BD-1133 09/00 DATE: TO: FROM: SUBJECT: October 22, 2003 The Honorable Mayor and City Council The Director of Public Works OYSTER POINT BOULEVARD GRADE SEPARATION PHASE 1/I - PART B CONSTRUCTION GENERAL CONTRACTOR SERVICES RECOMMENDATION: It is recommended that the City Council adopt a resolution authorizing the City Manager to award a construction contract to RGW Construction, Inc., in the amount of $7,924,666.00 to provide construction services for the Oyster Point Boulevard Grade Separation Phase III - Part B. BACKGROUND/DISCUSSION: The Oyster Point Grade Separation Phase HI- Part B was advertised for bids on September 2, 2003, and a bid opening on October 7, 2003 with the low bidder being RGW Construction, Inc. at $7,924,666.00 Oyster Point Grade Separation project consist of Phases I through 1]I with Phase III being divided into two parts A & B. Phase I being the Grade Separation Bridge completed in 1995 and Phase II- Flyover 70% complete scheduled for opening February 2004. Phase III-Part A completed July 2003, Phase llI-Part B this staff report. This phase is the final phase of the project and is recommended to award the contract to RGW Inc. This scope is for the building of the Hook Ramps and the retaining walls is scheduled to be completed by October 2005. The bid results are as follows: Contractors Name Amounts RGW Construction O.C. Jones & Son Granite Construction $ 7,924,666.00 $ 8,123,957.65 $ 8,282,069.76 Staff Report To: Re: Date: The Honorable Mayor and City Council Oyster Point Boulevard Grade Separation Phase llI- Part B Construction General Contractor Services October 22, 2003 Page: 2 Contractors Name Con't Ghilotti Bros. Bay Cities Paving/Grading Interstate Grading/Paving Top Grade Construction Ghilotti Construction Co. Granite Rock/Pavex Diablo Contractors Amounts $ 8,388,888.32 $ 8,593,606.05 $ 8,683,165.00 $ 8,769,681.15 $ 9,203,879.45 $ 9,298,457.00 $10,104,246.00 FUNDING: The 2003-2004 Capital Improvement Program (CIP) identifies the funding sources for the Oyster Point Grade Separation Project. B Y: ~ihren~t~;b~ Pub li c Works Approved: ,~X~__f~~ Michael A. Wilson City Manager ATTACHEMENT: Resolution JG/ed RESOLUTION NO. CITY COUNCIL, CITY OF SOUTH SAN FRANCISCO, STATE OF CALIFORNIA A RESOLUTION AV~rARDING CONSTRUCTION CONTRACT VVITH RGW CONSTRUCTION, INC. IN THE ~4dMOUNT OF $7,924,666 TO PROVIDE CONSTRUCTION SERVICES FOR THE OYSTER POINT BOULEVARD GRADE SEPARATION PHASE III - P?GtT B. PROJECT WHEREAS, staff recommends awarding the construction contract to the lowest responsible bidder, RGW Construction Inc., in the amount of $7,924,666 for the Oyster Point Boulevard Grade Separation Phase 1I[ - Part B. Project; and WHEREAS, the 2003-2004 Capital Improvement Program identifies the funding sources for the Oyster Point Grade Separation Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby awards the construction contract to RGW Construction, Inc. in the amount of $7,924,666 to provide construction services for the Oyster Point Boulevard Grade Separation Phase B/- Part B. Project. BE IT FURTHER RESOLVED that the City Manager is hereby authorized to execute the contract on behalf of the City of South San Francisco. 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 ,2003 by the following vote: AYES: NOES: ABSTALN: ABSENT: ATTEST: S:\Current Reso's\l 0-22oyster.pt.grade.sep.phasell.res.doc City Clerk