Daly City City Council
June 12, 2023

AVAILABILITY OF PUBLIC RECORDS:

All public record to an open session item on this agenda, which are not exempt from disclosure pursuant to the California Public Records Act, that are distributed to a majority of the legislative body will be available for public inspection at the City Clerk’s Office, City Hall located at 333 90 th Street, Daly City, CA during normal business hours, at the same time that the public records are distributed or made available to the legislative body.

CITY OF DALY CITY
Regular Meeting - CITY COUNCIL
AGENDA
Monday, June 12, 2023 - 7:00 PM
City Hall Council Chambers – 2nd Floor
City Hall, 333 – 90th Street
Daly City, CA 94015

To watch the live telecast or livestream:

Comcast Channel 27, https://www.youtube.com/DalyCityVideoMeetings or https://www.dalycity.org/agendas

Public Participation:

There are two ways to submit public comment: (1) submit written comments by meeting day and (2) attend the meeting in person.

1. To submit a comment in writing, please visit www.dalycity.org/agendas and complete the Public Comment form. In the comment field box, include the item number and/or title of the item as well as your comments. Public Comments may also be emailed to [email protected] by including “Public Comment” in the subject line. All written comments received by 4:00 pm on meeting day will be provided to the City Council prior to the meeting. Comments are not read aloud into the record.

Please note: Any written comments received after 4:00 p.m. on the meeting date is not guaranteed to be received by the City Council prior to the meeting.

2. To speak at the meeting in person, please complete a Speaker Card located at the entrance to the Council Chambers and submit to a Staff Member as early in the meeting as possible.

Persons with disabilities who require auxiliary aids or services in attending or participating in this meeting should call the office of the City Clerk at 991-8078 as soon as possible.

CALL TO ORDER:

PLEDGE TO THE FLAG:

ROLL CALL:

Agenda – City Council
Monday, June 12, 2023

APPROVAL OF MINUTES:

1. Regular Meeting of May 22, 2023

APPROVAL OF AGENDA:

PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

NOTE: Speakers are limited to two minutes, unless modified by the Mayor.

The Council cannot take action on any matter raised under this item.

CONSENT AGENDA
All items listed on the Consent Agenda are considered to be routine and may be approved by one roll call vote of the City Council. There shall be no separate discussion of the matters on the Consent Agenda unless requested by a member of the City Council. If discussion is required, that item will be removed from the Consent Agenda and will be considered separately at the end of the Agenda.

Resolutions:

2. Approve Service Agreement Renewal for Tree Maintenance Service with West Coast Arborist (WCA)

3. Adopt Resolution to Amend the Budget Plan for American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds

4. Authorization to Execute an Agreement and Appropriate Grant Funds with the Jefferson Elementary School District for Various School Site Locations

5. Authorize the Renewal of a Contract with Maverick Networks and Mitel for Support and Maintenance

6. Set Time and Place of Public Hearing - Notice of Intent to Lien Real Property Set Hearing: 7/10/2023

7. Set Time and Place of Public Hearing – Commercial Preferential Permit Parking Set Hearing: 6/26/2023

8. Authorize the City Manager to Execute a Professional Services Agreement for Construction Management and Inspection/Support Services for the 2020-21 Street Resurfacing Project and the 2021-22 and 2022-23 Street Resurfacing Project

9. Request Use of City of Daly City Measure Q Funds to Pay Additional Pilot Program Costs for the Community Wellness and Crisis Response Team Clinician

10. Authorize the City Manager to Execute a Professional Service Agreement for Design Services of the John Daly Boulevard/Skyline Boulevard Pedestrian Connection Project

Agenda – City Council
Monday, June 12, 2023

11. Authorize the City Manager to Execute a Professional Services Agreement for the Mussel Rock Upper Disposal Area

12. Adoption of Comprehensive Operating and Capital Budgets for Fiscal Year 2024

END OF CONSENT AGENDA

PUBLIC HEARINGS:

13. Public Hearing - National Pollutant Discharge Elimination System (NPDES) Regulatory Fee STAFF: Richard Chiu, Jr.

RECOMMENDATION: Open/Close Hearing
Adopt Resolution by Roll Call Vote

14. Public Hearing - Adopt Proposed Water Rate Adjustments STAFF: Joshua Cosgrove

RECOMMENDATION: Open/Close Hearing
Adopt Resolution by Roll Call Vote

APPOINTMENTS: Board/Commission Membership Committee Appointments

REPORTS:

15. Council Committee

16. City Council

17. Staff

ADJOURNMENT:

CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MAY 22, 2023
--------------------------------
Note on Public Comments: For this meeting, members of the Council and the public had the option of attending in person or submitting public comments via email to the City Clerk’s Office prior to the public meeting. Persons with disabilities who require auxiliary aids or services in attending or participating in this meeting were instructed to call the office of the City Clerk at 991-8078 prior to the meeting.

Visit https://www.youtube.com/@DalyCityVideoMeetings/streams to view the City Council meetings

The meeting was called to order by Mayor Buenaventura at 7:04 P.M.

ROLL CALL: Councilmembers Present:

Raymond A. Buenaventura, Mayor
Juslyn C. Manalo, Vice Mayor
Roderick Daus-Magbual
Pamela DiGiovanni
Glenn R. Sylvester

Staff Present:

Leilani Ramos, Assistant to the City Manager
Rose L. Zimmerman, City Attorney
K. Annette Hipona, City Clerk

Staff Absent:

Thomas Piccolotti, City Manager

PRESENTATIONS:

Mental Health Awareness Month May 2023
(Stephanie Balon and Christi Morales-Kumusawa, Co-Directors, Kapwa Cultural Center)

Asian American and Pacific Islanders Heritage Month May 2023 (Wayne Lee, President, San Mateo County Asian Pacific Islander Caucus)

National Public Works Week - May 21st - 27th, 2023
(Richard Chiu, Daly City Public Works Director)

APPROVAL OF MINUTES:

Regular Meeting of May 8, 2023

It was moved by Vice Mayor Manalo, seconded by Councilmember DiGiovanni and carried to approve the minutes of May 8, 2023.

APPROVAL OF AGENDA:

It was moved by Vice Mayor Manalo, seconded by Councilmember Daus-Magbual and carried to approve the agenda.

CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MAY 22, 2023
2 PUBLIC APPEARANCES/ORAL COMMUNICATIONS:

Shalin Shan expressed concern regarding the construction on the Genesys building which is negatively impacting the parking around Marchbank Park. Shalin Shan asked the Council to help alleviate the issue and reported that residents are unable to find parking spaces near their properties, causing people to park on sidewalks.

CONSENT AGENDA:

It was moved by Vice Mayor Manalo, seconded by Councilmember DiGiovanni and carried to approve the consent agenda except items #5 and 6, which were pulled for discussion.

Resolutions:

Accept and Appropriate a $4,500 Grant from the State of California for Summer Youth Programs

Library Services Manager Chela Anderson made a recommendation to accept the $4,500 grant to enhance and support programs for youth at a partner meal site hosting the Big Lift’s Inspiring Summers program and the City’s Summer Youth Recreation program.

It was moved by Vice Mayor Manalo, seconded by Councilmember Daus-Magbual and carried by voice vote to adopt the following resolution:

Resolution 23-77, Accepting And Appropriating Grant Funds From The California State Library’s Lunch At The Library Program

Accept and Appropriate Title IIIC1 One -Time-Only Funds from the Aging and Adult Services of San Mateo County

Recreation Services Manager Denise Brown made a recommendation to accept and appropriate the $33,061 one-time-only funds; this is a reimbursement grant with the City incurring costs for purchases in the Congregate Nutrition Program.

It was moved by Vice Mayor Manalo, seconded by Councilmember Daus-Magbual and carried by voice vote to adopt the following resolution:

Resolution 23-78, Accepting And Appropriating Of Title IIIC1 One-Time-Only Funds From The San Mateo County Aging And Adult Services Department

Approve Resolution of Intent to Adopt Appropriations Limitation (Gann Limit)

Resolution 23-79, To Adopt Its Appropriations Limitation For The Fiscal Year 2023- 2024 On June 26, 2023

Adopt Resolution of Revised Uniform Allowance Benefit for the Deputy Fire Chief in Compliance with CalPERS Reporting Requirements

Resolution 23-80, Adopting Revised Uniform Allowance Benefit For The Deputy Fire Chief In Compliance With CalPERS Reporting Requirements

CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MAY 22, 2023
3 Authorize the City Manager to Execute a Professional Services Agreement with Interactive Resources, Inc. for Design Services for the Serramonte Library Elevator, Energy Efficiency, ADA Upgrades, HVAC & Roof Replacement Project

Resolution 23-81, Authorizing Execution Of Professional Services Agreement With Interactive Resources, Inc. (Serramonte Library Elevator, Energy Efficiency, ADA Upgrades, HVAC and Roof Replacement)

Accept the Subdivision Improvements for Major Subdivision SUB -5-14-9004 (th e Garden Valley Subdivision)

Resolution 23-82, Accepting Subdivision Improvements For Major Subdivision (SUB-5-14-9004) For The Garden Valley Subdivision

Accept Annual Report – Military Equipment Use for the Police Department

Resolution 23-83, Approving The Annual Report For The Military Equipment In Use By The Daly City Police Department

Check Registers:

Check Registers for the Month of April 2023

END OF CONSENT AGENDA

PUBLIC HEARINGS:

Approval of Benefit Assessments for Linda Vista Area for Fiscal Year 2023-24

City Engineer Kevin Fehr provided an overview of the Linda Vista Assessment District including the assessment for Fiscal Year 2023-24, which remains unchanged from the previous fiscal year.

Assessments per lot are $151.13 for the Linda Vista Detention Basin and $100.46 for the Bay Ridge Detention Basin.

Mayor Buenaventura opened the public hearing. There were no public comments received.

It was moved by Vice Mayor Manalo, seconded by Councilmember Daus-Magbual and carried to close the public hearing.

It was moved by Councilmember DiGiovanni, seconded by Mayor Buenaventura and carried by unanimous roll call to adopt the following resolution:

Resolution 23-84, Approving Engineer’s Report And Imposing A Benefit Assessment For Fiscal Year 2023-2024

ORDINANCES: Mayor Buenaventura moved item #22 on the agenda, Ordinances, before the Communications section in deference to advocacy group Moms Demand Action.

CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MAY 22, 2023
4 Second Reading, Ordinance No. 1466, Adding Chapter 9.60 to the Daly City Municipal Code Re:

Firearm Safe Storage

It was moved by Mayor Buenaventura, seconded by Vice Mayor Manalo and carried by unanimous roll call vote to adopt the following ordinance:

Ordinance 1466, Adding Chapter 9.60 To The Daly City Municipal Code Regarding Firearm Safe Storage

COMMUNICATIONS:

Fiscal Year 2024 and Fiscal Year 2025 Operating and Capital Improvement Program (CIP) Budget Preview

Director of Finance and Administrative Services Tim Nevin presented the operating and CIP budget previews for fiscal years 2024 and 2025 which included the budgeting calendar, the general fund revenues and expenditures, estimated ARPA funds, the budget deficit strategies, a recommendation to adopt a one-year budget instead of a two-year budget, the general fund revenue sources, Measure Q program budgets, the recessionary impact to the sales tax, and the proposed adoption date for the budget (June 12, 2023).

Director Nevin addressed questions including: what is budgeted for overtime figures within the Fire and Police Departments, whether adding personnel to those departments could produce a cost savings, annual payments for the retirement fund, how ERAF funds will be used, whether fee adjustments are reflected in the budget, and how the last bargaining unit’s labor negotiation will be budgeted. Staff also addressed questions on revenue projections from developments, property tax, short term rentals, cannabis tax, delivery tax, sales tax, business tax, and transfer tax.

Director of Water and Wastewater Resources Joshua Cosgrove presented the CIP for the Water Fund and Sanitation Fund by reviewing anticipated fiscal year 2024 projects, funding sources, funding requests, and the department’s 5-year CIP expenditure forecast. Director of Public Works Richard Chiu presented the CIP for general capital projects by reviewing the 5-year CIP expenditure forecast, project categories (Traffic & Transportation, Facilities, Mussel Rock, Parks), funding sources, and funding requests for fiscal year 2024.

Staff addressed questions on the difference between the 5-year CIP expenditure forecast and the operating/general fund budget forecast (shown on a shorter scale), the amounts in the various funds, and whether the City can explore federal grants to address projects like the Mussel Rock Park improvements.

Review of 2023-2031 Draft Housing Element (RHNA6)

Jennifer Gastelum, from City consultants Placeworks, presented the City’s 2023-2031 Housing Element overview which included: key changes to State Law, the City’s Regional Housing Needs Allocation (RHNA) numbers, pipeline projects, fair housing findings, programs to meet State Law, programs to assist with affordable housing development, programs to assist special needs groups, and a project implementation schedule.

CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MAY 22, 2023
5 Staff and Jennifer Gastelum addressed questions on compliance complaint(s) against the City, what constitutes a “unit”, zoning plans for the Seton Hospital site, whether commercially zoned areas can be rezoned, fair housing discrimination issues, whether the Mission corridor will be rezoned, how the Housing Element affects the inclusionary housing ordinance, recommendations pertaining to racial data and small site acquisitions, and ramifications for communities who have not submitted their Housing Element.

Bryan Shields, Carpenters Local 217, supported adopting encouragement language within the Housing Element; the language would state valuing construction workers who are building these types of projects and which addresses workers’ issues such as a living wage and healthcare.

Mussel Rock Seawall Revetment Maintenance and Access Road Repair (150 Westline Drive) – Coastal Development Permit CDP-04-23-16189

Planning Manager Michael Van Lonkhuysen provided an overview of the project, summarized the proposed maintenance activities, and requested approval of a Coastal Development Permit.

It was moved by Vice Mayor Manalo, seconded by Council DiGiovanni and carried by unanimous roll call vote to adopt the following resolution:

Resolution 23-85, Adopting Findings Of Fact And Imposing Conditions Of Approval On Coastal Development Permit CDP-04-23-16189 For Mussel Rock Seawall Revetment Maintenance And Access Road Repair (150 Westline Drive)

North East Medical Services (NEMS) Building Sign Program (2171 Junipero Serra Boulevard) – Use Permit UPR-4-23-16182

Mr. Van Lonkhuysen presented the request by NEMS to establish a sign program due to the proposed sign’s square feet exceeding the maximum allowed by the City’s zoning ordinance. Mr. Van Lonkhuysen presented the signs proposed by NEMS and the Planning Commission’s findings.

It was moved by Vice Mayor Manalo, seconded by Councilmember Daus-Magbual and carried by unanimous roll call vote to adopt the following resolution:

Resolution 23-86, Adopting Findings Of Fact And Imposing Conditions Of Approval On Use Permit UPR-4-23-16182 For North East Medical Services Building Sign Program (2171 Junipero Serra Boulevard, Daly City, California)

Westlake Shopping Center Sign Program Modification (251 Westlake Center) – Use Permit UPR-02-23-016090

Mr. Van Lonkhuysen presented Kimco’s request to modify the Westlake Shopping Center’s Master Sign Program; modifications include upgrading existing signs to include LED message centers to advertise tenants and sales. Staff addressed questions regarding the types of announcements that can be displayed on the LED signs and the hours of operation for the LED signs.

It was moved by Councilmember Daus-Magbual, seconded by Vice Mayor Manalo and carried by the following roll call vote to adopt the resolution:

CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MAY 22, 2023
6 Ayes: Daus-Magbual, DiGiovanni, Manalo, Buenaventura Noes: Sylvester

Absent: None

Resolution 23-87, Adopting Findings Of Fact And Imposing Conditions Of Approval On Use Permit UPR-02-23-016090 For Westlake Shopping Center Sign Program Modification (251 Westlake Center, Daly City, California)

Preliminary Plan for New Office Building at 455 Hickey Boulevard – Planned Development PD-10-22-015932

Mr. Van Lonkhuysen presented the applicant’s proposal to demolish the existing office building and garage at the subject site and construct a new eight-story technology office building with parking structure. An alternative development proposal is to redevelop the site with a new five-story medical office building with parking structure. Mr. Van Lonkhuysen recommended approval of the preliminary plan which includes both alternatives. Staff addressed questions on parking spaces with charging stations, the square footage of the office spaces, and whether the owners are amenable to other types of developments on the site.

Richard Cruz, Carpenters Local 217, supported apprenticeship, medical benefits, retirement benefits, and local opportunities as labor standards that should be presented to all the working class.

Richard advocated for fair wages and benefits for construction workers and spoke about their apprenticeship program which affords workers local opportunities.

It was moved by Vice Mayor Manalo, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to adopt the following resolution:

Resolution 23-88, Adopting Findings Of Fact Following Planning Commission Recommendation Re: Preliminary Plan Review For Planned Development PD-10-22-015932 (New Office Building at 455 Hickey Boulevard)

AWARD OF BIDS/CONTRACTS:

Award Construction Contract for the ADA, Sidewalk, and Parking Lot Improvements Project

Senior Civil Engineer Shirley Chan recommended awarding a construction bid to RK Engineering, Inc. in the amount of $1,109,091 and appropriate unallocated Measure A and Major Facilities Improvements Funds for the subject project. Staff addressed questions on whether the contractor uses union labor and whether any of the bids received were from a minority-owned business enterprise.

It was moved by Vice Mayor Manalo, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to adopt the following resolution:

Resolution 23-89, Authorizing Execution Of Construction Contract With RK Engineering, Inc.

For The ADA, Sidewalk And Parking Lot Improvements Project

Appropriate Funds and Award the 2021-22 and 2022-23 Street Resurfacing Project

City Engineer Kevin Fehr recommended appropriation of unallocated Measure A funds

CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MAY 22, 2023
7 ($474,027.50) for the project, approval of the design documents, and awarding a construction contract to Interstate Grading & Paving, Inc. in the amount of $3,099,037.10.

It was moved by Councilmember DiGiovanni, seconded by Councilmember Sylvester and carried by unanimous roll call vote to adopt the following resolution:

Resolution 23-90, Authorizing Execution Of Contract With Interstate Grading & Paving, Inc. For The 2021-22 And 2022-23 Street Resurfacing Project

REPORTS:

Council Committee

Bay Area Water Supply Conservation Agency (BAWSCA) (Manalo) City/County Association of Governments (C/CAG), Congestion Management and Environmental Quality Committee (Manalo)
San Mateo County Mosquito and Vector Control District (Sylvester) San Mateo Pre-Hospital Emergency Services Medical Group (Sylvester) Emergency Services Council, Finance Committee (Sylvester)

City Council

Vice Mayor Manalo attended an event hosted by JobTrain, a program which ensures that good- paying jobs come to the local level; Yusef Salaam was the speaker at the event. Vice Mayor Manalo met with the Daly City Age-Friendly Task Force, which put out a survey to gain input from older adults. Vice Mayor Manalo, along with Councilmember Daus-Magbual, recognized the Colma Chamber of Commerce for giving out scholarships to local high school seniors. Vice Mayor Manalo joined the Strategic Planning Retreat with Kapwa Cultural Center at Our Second Home to discuss building a safe space to destigmatize mental health. Vice Mayor Manalo acknowledged Nurses Unseen, a documentary focusing on Filipino- American nurses who risked their lives during the pandemic. Vice Mayor Manalo joined the Franciscan Park’s pancake breakfast fundraiser to help the Community Emergency Response Team (CERT) and to honor the Daly City Fire and Police Departments; John Conklin provided leadership. Vice Mayor Manalo joined Supervisor Canepa, Dr. Daus-Magbual, DJ Keith O, and organizer Melody Gawliu at Classic Bowling for the AAPI Festival. Vice Mayor Manalo also attended Jefferson Elementary’s Students of the Year Award Ceremony, Brisbane’s AAPI heritage event, and PBRC’s Educational Sessions with Dr.

Calvin Kwong, Acting Chief Christensen, and Republic Services. Vice Mayor Manalo attended the Daly City Police Athletic League fundraiser to support youth programs, thanking Original Joe’s of Westlake for the food. Vice Mayor Manalo joined Supervisor Canepa for his presentation on climate resiliency and sustainability. Vice Mayor Manalo joined the Fire and Police Departments to support PIT’s Shine Family Day event at Jefferson High School.

Councilmember DiGiovanni joined Councilmember Sylvester at the Franciscan Park’s pancake breakfast event where residents discussed various issues and CERT. Councilmember DiGiovanni attended the Jefferson Elementary’s Students of the Year Award Ceremony; the Vice Mayor of Colma and new Superintendent were also in attendance. Councilmember DiGiovanni attended the Daly City Police Athletic League fundraiser event with the POA, Acting Chief Christensen, and former Police Chief Hensley. Councilmember DiGiovanni attended the Shine Event to support public schools; the event was also attended by Planning Commissioner Faapuaa, Councilmember Sylvester, and the Police and Fire Departments.

CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MAY 22, 2023
8 Councilmember Sylvester attended the Franciscan Park’s pancake breakfast where community members discussed various issues. Councilmember Sylvester gave kudos to Police Captain Mussman on his retirement and acknowledged Captain Mussman’s work with the Daly City Police Athletic League.

Councilmember Sylvester commended the Police Department for their recent Athletic League’s fundraiser event and acknowledged businesses Duggan and Serramonte Ford for their participation.

Councilmember Sylvester requested to agendize the following items: 1) the parking issue at Marchbank Park, and 2) adding the encouragement language of hiring locally within the City’s Housing Element.

Councilmember Daus-Magbual congratulated the students who will be graduating from Westmoor and Jefferson High Schools in the upcoming weeks and encouraged those looking for classes at Skyline College to reach out to him.

ADJOURNMENT:

Mayor Buenaventura adjourned the meeting at 11:24 PM in memory of Gloria Alhambra, Matthew Mann, Jim Brown, and Ferdinand Don Ong Sr.

Approved as submitted, this 12th
City Clerk
day of June , 2023.

Raymond A. Buenaventura
Mayor

City Council Meeting Agenda ReportItem # _____
Meeting Date: June 12, 2023
Subject: Service Agreement Renewal for Tree Maintenance Service with West Coast Arborist (WCA)
Recommended Action
Authorize City Manager, or his designee, to renew the service agreement for tree maintenance service with West Coast Arborist (WCA) for Fiscal Year 2023-2024, in an amount not to exceed $175,000.

Discussion
The current service agreement with West Coast Arborist began on July 1, 2022. The agreement is based upon unit prices for tree maintenance services, including grid pruning, specialty trimming, tree planting, tree and stump removal, and emergency response.

On May 10, 2023, West Coast Arborist offered to continue the Fiscal Year 2022-2023 tree maintenance service agreement for one additional year at the same terms, conditions, and unit pricing.

West Coast Arborist’s offer provides an opportunity for the Daly City to continue to provide professional tree maintenance service at a competitive value. Staff recommends accepting West Coast Arborist’s offer to continue the tree maintenance service agreement for Fiscal Year 2023-2024 at the same terms, conditions, and unit pricing.

West Coast Arborists, at no extra cost hosts the City’s current tree inventory through their software system called Arbor Access. Arbor Access is updated by West Coast Arborist staff and provides updated maintenance records and tree asset information of the approximate 7,220 City-owned trees, with an estimated value of $19,024,000. The availability and use of Arbor Access software makes West Coast Arborist’s services unique and is a cost effective, efficient way for Daly City staff to monitor the maintenance and condition of Daly City’s urban forest.

Fiscal Impact
Funding in the amount of $175,000 for tree maintenance service is included in the Parks Maintenance budget for Fiscal Year 2023-2024.

Summary/Conclusion
Staff recommends the City Council authorize the City Manager, or his designee, to renew the service agreement for tree maintenance service with West Coast Arborist (WCA) for Fiscal Year 2023-2024, in an amount not to exceed $175,000.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Tree Maintenance Service Agreement with West Coast Arborist for Fiscal Year 2023-24 Meeting Date: June 12, 2023Page 2 of 2
Respectfully submitted,
Jeffery W. Fornesi Richard Chiu, Jr.

Asst. to the Director of Public Works Director of Public Works

City Council Meeting Agenda ReportItem # _____
Meeting Date: June 12, 2023
Subject: Resolution to Amend the Budget Plan for American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds
Recommended Action
It is recommended that the City Council adopt the proposed amendment to the budget plan for the federal American Rescue Plan Act (ARPA) funds made available to local jurisdictions, the State and Local Fiscal Recovery Funds.

Discussion
President Biden signed the American Rescue Plan Act (ARPA) into law on March 11, 2021. The legislation provided $1.9 trillion in economic stimulus funds to assist in the recovery from the COVID-19 pandemic. One component of the legislation was the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) program, which provided funds directly to local jurisdictions to respond to the economic and public health impacts of COVID-19. The City of Daly City received $25.26 million in total SLFRF due to its size and demographics.

The City Council approved the City’s budget plan for the ARPA funds on November 22, 2021.

Based on the adopted allocations in the budget plan, the City has spent or obligated approximately $16.9 million of ARPA funds, with about $8.36 million remaining unobligated.

At the beginning of May, City staff learned that unobligated ARPA funding was potentially at risk given some of the proposed legislation related to the debt ceiling negotiations. Upon learning this, City staff researched how we could quickly obligate our unobligated ARPA funds to ensure that we did not lose any funding. City staff found that the City could immediately recognize our remaining unobligated funds in the revenue loss category and ensure they were not at risk. Since FY 2021, the City has experienced close to $20 million in revenue loss due to the COVID-19 pandemic, allowing us to allocate more to the revenue loss category than originally budgeted.

By the end of May, City staff received additional clarification from the Department of the Treasury stating that unobligated SLFRF funds, the type of ARPA funds that the City received, would not be subject to the new legislation, whether our funds were obligated or unobligated.

However, City staff still recommends moving forward with the reallocation of the remaining unobligated ARPA funds to the revenue loss category. After finding that the City lost close to $20 million in revenue due to the pandemic and seeing the expected revenue shortfalls for FY 2024, City staff thought this was the best course for the City at this time.

Through the March 31, 2023 reporting period, the City has obligated approximately $16.9 million in ARPA funding and has expended $15.1 million of those funds, leaving $1.8 million in obligated, but unspent funding. The recommended action is to maintain the $1.8 in obligated funds in their respective categories and reallocate the remaining budgeted funding, approximately $8.36 million, to the revenue loss category. This funding would then be recognized in the General Fund to help offset the deficits expected in FY 2023 and FY 2024.

In addition, the City will look to fund any committed, but uncompleted ARPA projects out of

City Council Agenda Report
Resolution to Amend the Budget Plan for American Rescue Plan Act (ARPA) State and Local Fiscal Recovery Funds
Meeting Date: June 12, 2023

the General Fund or other appropriate funding sources. City staff plans to return this Fall to appropriate these funds to the remaining priority projects.

Fiscal Impact
The adoption of the proposed amendment to the SLFRF budget plan will impact the General Fund.

By recognizing the estimated $8.36 million in unspent ARPA funds as revenue loss funding, the City can increase the General Fund revenues across FY 2023 and FY 2024. The additional impact to the General Fund and other affected funds will be noted in the Fall update on the ARPA budget.

Summary/Conclusion
Staff recommends the City Council adopt the proposed amendment to the SLFRF budget plan to authorize the reallocation of the ARPA funding.

Staff is available to provide any additional information desired by the Mayor or City Council Members.

Respectfully submitted,
S. Abby Veeser Timothy J. Nevin
Deputy Director of Finance and Director of Finance and
Administrative Services Administrative Services

City Council Meeting Agenda ReportItem # _____
Meeting Date: June 12, 2023
Subject: Authorization to Execute an Agreement and Appropriate Grant Funds with the Jefferson Elementary School District for the After School Education and Safety Program at MPBrown Elementary School and the Expanded Learning Opportunities Program at Daniel Webster and MHTobias Elementary Schools, and Fernando Rivera IntermediateSchool
Recommended Action
It is recommended the City Council authorize the City Manager to execute an agreement with the Jefferson Elementary School District (JESD) and appropriate grant funds of $370,661.57 for the Fiscal Year 2024 for After School Education and Safety Program (ASES) at MPBrown Elementary School ($144,401.57) and the Expanded Learning Opportunities Program (ELOP) at Daniel Webster and MHTobias Elementary Schools and Fernando Rivera Intermediate School (up to $226,260).

Background
The Recreation Division currently delivers the Afterschool Youth Recreation Program (AYRP) at three (3) JESD sites (Daniel Webster and MHTobias Elementary Schools and Fernando Rivera Intermediate School).

The AYRP is also delivered at Panorama Elementary School (Brisbane School District) and Junipero Serra Elementary School (SSF Unified School District). These programs run from the end of school day to 5:30pm.

The ELOP funding is provided to the JESD and in turn they are contracting our services to provide a comprehensive program at the three school sites.

Recognizing that Recreation Services is providing a quality afterschool program at these locations, the JESD reached out to see if Recreation Services also wanted to take over the After School Education and Safety (ASES) Program at MPBrown Elementary School (MPB). Like the AYRP, the ASES Program is held each day after school and runs from the end of the school day until 6:00 p.m. The components of the program include homework assistance, enrichment, and recreational activities.

The ASES MPB grant funding is provided directly by the State of California Department of Education to the JESD. The JESD serves as the pass-through and is contracting our services for up to $144,401.57 for the costs incurred by the City to deliver the ASES program.

Fiscal Impact
No City General Fund subsidy is incurred through the delivery of these programs. Funding for the ASES MPB program in the amount of $144,401.57 should be appropriated into account number 01-131-141-3796.

Funding for the ELOP at Daniel Webster, MHTobias and Fernando Rivera schools in the amount of $226,260 should be appropriated into account number 01-131-141-3743.

Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully Submitted,
Denise Brown Jennifer Der
Recreation Services Manager Senior Recreation Services Supervisor

City Council Meeting Agenda ReportItem # _____
Meeting Date: June 12, 2023
Subject: Authorize the Renewal of a Contract with Maverick Networks and Mitel for Support and Maintenance
Recommended Action
Authorize the renewal of a four-year maintenance agreement with Maverick Networks, Inc. (“MNI”) for the City’s Mitel Private Branch Exchange (PBX) telephone system at an annual cost of $58,500 for four years (for a total cost of $234,000). In addition, authorize a Mitel Premium Software Assurance Agreement to cover this same four-year period as an additional one-time cost of $91,038.87. The total amount over the contract term is $325,038.87 for the period of July 1, 2023 to June 30, 2027.

Background/Discussion
Daly City currently uses a Mitel PBX system, which provides telephone communication to all Daly City government buildings. The PBX system also handles all the voicemail for Daly City. The last update of the PBX system was in 2021, when the City updated the Voice over Internet Protocol (VoIP) to improve reliability and functionality.

In the coming year, Information Services Division staff plans on implementing another upgrade which will transition the City from AT&T copper lines to use dedicated Internet Protocols (IP) for incoming and outgoing calls. Therefore, the vendor is proposing an increase to the upfront software assurance costs. However, our overall phone bill will decrease from roughly $6,000 per monthly down to about $1,500 per month, saving the city approximately $216,000 over the span of the contract.

Fiscal Impact
The total fiscal impact of the agreement should not exceed $325,038.87. Adequate funding exists in the Information Services Fund (Fund 55) for this expenditure.

Summary/Conclusion
Authorize the renewal of a four-year maintenance agreement with Maverick Networks, Inc. ("MNI") for the City's Mitel Private Branch Exchange (PBX) telephone system not to exceed $325,038.87.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

City Council Agenda Report
Subject: Authorize the Renewal of a Contract with Maverick Networks and Mitel for Support and Maintenance

Respectfully submitted,
Matthew A. Juhl Timothy J. Nevin
Senior Application Analyst Director of Finance and
Information Services Division Administrative Services
Attachment: Maverick Networks Maintenance and Software Assurance Agreements

and
Address:
thru
Starting Ending
IP Hardware SERVICES INCLUDED IN MAINTENANCE STANDARD:

Mitel MiVoice Business Controller 5
Mitel ASU 6 Break/Fix Support & Warranty - for term
Mitel ONS Card 7 Mitel Hardware (Phones Excluded)
Mitel NSU 0 Break/Fix Labor fully covered
Mitel T1/PRI 5 System Software Upgrades
Mitel Analog Option Board 0 4-Hours/Week of Onsite MAC Support Mitel Streamline 48 Port Units 10 Battery Backups Excluded From Hardware Coverage Mitel Software/Applications
Active IP License 582 Softphone Support 10
MiVoice Business Software Assurance Base 5 Contact Center 0 MiVoice Business Users 582 Business Reporter 0
MiCollab Software Assurance 1 MiCollab Client Users 582 NuPoint Software Assurance 1 Active SIP Trunks 0
MBG Teleworker Support 5
Mitel IP Desktop Devices Mitel IP Desktop Devices
Mitel IP Phones 0 Mitel PKM's 0
Mitel Navigator 0 Mitel Wireless Stand 0
Mitel MiCollab Console SW 0 Mitel Conference Phone 0
Yearly Support Cost: $58,500.00
Company Company
Signature Date Signature Date
City of Daly City Maverick Networks
* Paid Yearly
July 1, 2023 June 30, 2027
Agreed and Accepted By:

Site Specific Schedule "A"
Master Maintenance Agreement is By and Between
Maverick Networks, Inc. City of Daly City
333 90th Street. Daly City, CA 94015

Site Name
City Hall 1
City Hall 2
Fire
Wastewater
Corp Yard
Application Record Description
77601450 DLM
19599084 ULM
55867372 City Hall #1
57568680 City Hall #2
8850420 Fire 3300
22362594 Water 3300
48876603 Corp Yard
41543575 MBG
91940620 NuPoint
30084242 New MiCollab
3998869 MIR
NA Call Accounting
4 years, Premium SWA:

City of Daly City Maverick Networks, Inc.

Company Company
Signature Date Signature Date $91,038.87
Software Assurance Coverage on all systems listed from 7/1/2023 - 6/30/2027 Software Assurance Options to be paid at contract execution Software Assurance Agreement is By and Between
Maverick Networks, Inc. & City of Daly City
798 Niantic Ave. Daly City, CA 94014
Address
333 90th Street. Daly City, CA 94015
333 90th Street. Daly City, CA 94015
10 Wembley Drive. Daly City, CA 94015
153 Lake Merced Blvd. Daly City, CA 94015
MiVoice Business
MiVoice Border Gateway
NuPoint Voicemail
Hansen Software Call Accounting
Mitel Designated License Manager
MiCollab
Mitel Interaction Recording
System Type
MiVoice Business
MiVoice Business
MiVoice Business
MiVoice Business
Mitel Unified Collaboration and Communications

City Council Meeting Agenda ReportItem # _____
Meeting Date: June 12, 2023
Subject: SETTING TIME AND PLACE OF PUBLIC HEARING – NOTICE OF INTENT TO

LIEN REAL PROPERTY
Recommended Action
It is recommended that the City Council set the time and place for a public hearing on July 10, 2023, at 7:00 p.m. – Notice of Intent to Lien Real Property.

Background
On June 25, 2012, the City Council entered into an agreement with the County of San Mateo to impose lien assessments on real property for unpaid Business License rental property taxes. This agreement was approved by Resolution No.12-99. Daly City Municipal Code, Chapter 5.16.050, requires that all commercial and residential real property owners pay a license tax based on the gross rental income collected.

Summary/Conclusion
Staff recommends that the City Council set July 10, 2023, at 7:00 p.m. as the date and time for a public hearing – Notice of Intent to Lien Real Property.

Staff is available to provide any additional information desired by the Mayor or Council members.

Respectfully submitted,
Tim Nevin
Director of Finance and
Administrative Services

City Council Meeting Agenda ReportItem # _____
Meeting Date: June 12, 2023
Subject: Setting Time and Place of Public Hearing – Commercial Preferential Permit Parking
Recommended Action
Staff recommends that the City Council set June 26, 2023 at 7:00 p.m. as the date and time for a public hearing – Commercial Preferential Permit Parking. The public hearing will propose amendments to Daly City Municipal Code Section 10.32.150 Parking of Oversized Vehicles and Section 10.32.155 Commercial Preferential Permit Parking, as well as request approval to add a two-hour limit parking zone between the hours of seven a.m. to five p.m. in all Commercial Vehicle Parking Zones and amend fines for Commercial Vehicle parking violations.

Background
Daly City residents had frequently complained about the overnight parking of limousines, truck trailers, buses and other commercial vehicles in residential areas. Residents and business owners who rely upon such commercial vehicles for their livelihood also voiced their concerns about the lack of legally acceptable parking areas for their vehicles within Daly City. In an effort to meet the needs of the neighborhoods and working residents/business owners alike, the City developed a pilot program offering a solution for both groups in May 2003.

The Commercial Vehicle Permit Parking Pilot Program (CVP) requires Daly City residents and business owners to obtain a CVP permit, pay a non-refundable annual permit fee currently set at $200, and park only in the designated Commercial Vehicle Parking Zones. Commercial Vehicle Parking Zones have a limited number of parking permits in each of the three zones and are made available on a first-come, first-served basis. Having a CVP Permit does not guarantee a parking place, nor does it allow permittees to park in the commercial vehicle area for more than 72 consecutive hours. Approximately 60 CVP Permits are issued annually.

A recent review of the program has emphasized the need for various program updates, which staff would like to address with the City Council for review and consideration.

Summary/Conclusion
Staff recommends that the City Council set June 26, 2023 at 7:00 p.m. as the date and time for a public hearing – Commercial Preferential Permit Parking.

Respectfully submitted,

Leilani Ramos Richard Chiu Cameron Christensen
Assistant to the City Manager Director of Public Works Acting Chief of Police

City Council Agenda ReportItem # _____
Meeting Date: June 12, 2023
Subject: Authorize the City Manager to Execute a Professional Services Agreement for Construction Management and Inspection/Support Services for the 2020-21 Street Resurfacing Project and the 2021-22 and 2022-23 Street Resurfacing Project
Recommended Action
Staff recommends that the City Council authorize the City Manager to execute a professional services agreement with Park Engineering, Inc. of Orinda, California, in an amount not to exceed $545,807.64 for construction management and inspection/support services for the 2020-2021 Street Resurfacing Project and the 2021-22 and 2022-23 Street Resurfacing Project.

Background
On May 22, 2023, City Council awarded the 2021-22 and 2022-23 Street Resurfacing Project to Interstate Grading & Paving, Inc. to rehabilitate approximately 2.2 centerline miles of roadway located in the City of Daly City (City). Construction for the 2021-22 and 2022-23 Street Resurfacing Project is anticipated to begin in June 2023 and be completed by the end of 2023.

The 2020-21 Street Resurfacing Project, which is anticipated to repair approximately 1.56 miles of streets in the City, is currently advertised for bids and is scheduled for bid opening in June 2023.

Construction for the 2020-21 Street Resurfacing Project is anticipated to proceed in August 2023 and be completed by the end of 2023.

The rehabilitation methods that are required for both projects include sawcutting, cold planing, removing, and disposing of failed asphalt roadway, repairing areas with localized base failures, performing full depth reclamation/road reconstruction, placing new hot mix asphalt, installing new American’s with Disabilities Act (ADA) compliant curb ramps, replacing curb and gutter and sidewalk to meet existing grades, adjusting utility boxes and manhole frame and covers, and applying new traffic striping and pavement markings.

Discussion
The Public Works Engineering Division is seeking professional services of an outside consultant for the construction management and inspection/support services (materials testing) of both the 2020-21 Street Resurfacing Project and the 2021-22 and 2022-23 Street Resurfacing Project. A construction manager and inspector(s) are needed to interpret the contract documents and provide direction to the contractor on issues of both technical and non-technical nature, perform daily inspections, and enforce quality control throughout the duration of the projects by proper material testing per City standards.

Staff released a Request for Proposals (RFP) for construction management and inspection services on March 30, 2023. Proposals were received from five (5) firms on or prior to the April 26, 2023 due

Authorize the City Manager to Execute a Professional Services Agreement for Construction Management and Inspection/Support Services for the 2020-21 Street Resurfacing Project and the 2021-22 and 2022-23 Street Resurfacing Project Meeting Date: June 12, 2023

date. A panel consisting of staff from the Department of Public Works evaluated the proposals on their technical merits. The panel determined Park Engineering, Inc. has the experience and qualifications that most closely met the needs of the projects, and they have available resources to cover both projects concurrently.

The scope of the professional services includes, but is not limited to the following elements:
•The Construction Manager shall interpret the contract documents and provide direction to the contractor on issues of a technical and non-technical nature. •The Inspector(s) shall be a qualified personnel for the duration of the project. Inspection shall include observation of acceptance testing as specified in the contract specifications. •Laboratory testing is included and will be performed in accordance with the City’s testing plan.

Fiscal Impact
The professional services agreement provides for a total not-to-exceed fee of $545,807.64 which consists of $243,626.49 for the 2020-21 Street Resurfacing Project and $302,181.15 for the 2021-22 and 2022-23 Street Resurfacing Project. This amount includes construction management, construction inspection, and materials testing for both projects. An additional $54,592.36 (10%) is needed for contingencies for a total of $600,400.00.

Sufficient funds are available in Transportation Fund CIP project accounts 17-312-580 – Street Resurfacing (20/21), 17-312-918 – Street Resurfacing (21/22) and 17-312-919 – Street Resurfacing (22/23) to fully fund this professional services contract.

Summary/Conclusion
Staff recommends that the City Council authorize the City Manager to execute a professional services agreement with Park Engineering, Inc. of Orinda, California, in an amount not to exceed $545,807.64 for construction management and inspection/support services for the 2020-2021 Street Resurfacing Project and the 2021-22 and 2022-23 Street Resurfacing Project.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Alexander Yuen Richard Chiu, Jr.

Civil Engineer IIDirector of Public Works
Attachment: Park Engineering, Inc. Professional Services Agreement

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AGREEMENT WITH PARK ENGINEERING, INC.

FOR CONSTRUCTION MANAGEMENT AND INSPECTION/SUPPORT SERVICES FOR
City of Daly City

This AGREEMENT, made and entered into this ____ day of __________, 2023 (the “Effective Date”) by and between the CITY OF DALY CITY, a municipal corporation existing under the laws of the State of California ( “CITY”), and PARK ENGINEERING , INC. a California S- Corporation (“CONSULTANT”):

PARK ENGINEERING, INC.
372 Village Square
Orinda, CA 94563

R E C I T A L S :

A. CITY desires cert ain professional services hereinafter described as t he construction management and ins pection/support services for the 2020-21 Street Resurfacing project and the 2021-22 and 2022-23 Street Resurfacing project for the City of Daly City.

B. CITY desires to engage CONSULTANT to provi de these consulting services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES

The scope of serv ices to be performed by CONSULTANT under this A GREEMENT is as described in Exhibit A to t his AGREEMENT, the proposal from PARK ENGINEERING, INC. dated April 26, 2023, and revised on May 25, 2023, attached and incorporated by reference.

SECTION 2 - DUTIES OF CONSULTANT

CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT unde r this A GREEMENT.

CONSULTANT sha ll, without additional comp ensation, correct or revise any errors or deficiencies in its work.

CONSULTANT represents that it is qualified to furnish the services described under this AGREEMENT.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

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SECTION 3 - DUTIES OF CITY

CITY shall provide pertinent information regarding its requirements for the project.

CITY shall exam ine documents submitted by CONSUL TANT and shall render deci sions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT 'S work.

SECTION 4 - TERM

The services to be performed under this A GREEMENT shall commence on the Effective Date and be completed within one (1) year.

SECTION 5 - PAYMENT

Payment shall be made b y CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set f orth in Exhibit A , CITY ag rees to pay CONSULTANT a fee pursuant to rates stated in Exhibit A to this A GREEMENT, attached and incorporated by reference. In no event shall CONSULTANT ’s total compens ation under this A GREEMENT exceed Five Hundred Forty-Five Thousand Eight Hundred Seven Dollars and Sixty-Four Cents ($545,807.64).

SECTION 6 – TERMINATION

Without limitation to s uch rights or remedies as CITY shall otherwise have by law, CITY shall have the righ t to terminate this A GREEMENT or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSUL TANT. CONSULTANT agrees to cease all work under this AGREEMENT upon receipt of said written notice.

Upon termination and upon CIT Y'S payment of the amount require d to be paid, documents become the property of C ITY, and CONSULTANT shall transfer them to C ITY upon request without additional compensation.

SECTION 7 - OWNERSHIP OF DOCUMENTS

All documents prepared by CONSULTANT in the performance of this AGREEMENT, although instruments of professional service, are and sha ll be t he property of CITY, whether t he project for which they are made is executed or not.

SECTION 8 - INDEPENDENT CONTRACTOR

It is unders tood that Consultant, in th e performance of the work and ser vices agreed to be performed, shall act as and b e an in dependent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or othe r benefits which ac crue to City 's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

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SECTION 9 - CONFIDENTIALITY

All reports and document s prepared by CONSULTAN T in connection with the performance of this AGREEMENT are confidential until released by CITY to the public. CO NSULTANT shall not make any such documents or inf ormation avai lable to any individual or organization not employed by CO NSULTANT or CITY withou t the written consent of CITY before any such release.

SECTION 10 - INTEREST OF CONSULTANT

CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, whic h would conflict in any manner or degree with the performance of the services under this AGREEMENT.

SECTION 11 – USE OF SUBCONSULTANTS

CONSULTANT shall not subcontract any services to be per formed by it under this AGREEMENT without the prior written approval of the CITY, except for service firms engaged in drawing, reproduct ion, typing, and printi ng. CON SULTANT shall be solely responsible for reimbursing any subconsultants and the CITY shall have no obligation to them.

SECTION 12 - CONSULTANT'S STATUS

It is expressly agreed that in the performance of the professional services required under this AGREEMENT, CONSULTANT shall at all times be considered an independent CONSULTANT as defin ed in L abor C ode Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this AGREEMENT.

SECTION 13 – SB 1383 COMPLIANCE

To the extent applicable, CONSULTANT shall comply with the requirements set forth in SB 1383 and Public Contracts Code Section 22150 for the procurement of recycled paper products.

To the extent that the fitness and quality are equal, CONSULTANT shall purchase recycled products, as defined in Public Contracts Code Section 12200 instead of nonrecycled products.

Upon completion of the term of this Contract, CONSULTANT shall provide records to the CITY demonstrating compliance with this section, including copies of all invoices, receipts, or other proofs of purchase that detail the procurement of paper products.

SECTION 14 - INDEMNITY

To the fullest extent per mitted by law (including, without limitation, California Civil Code Sections 2782 and 2782 .6), C ONSULTANT and C ONSULTANT’s sureties agree to d efend (with legal counsel acceptable to the C ITY), indemnify and hold harmless the C ITY, its officers, agents, off icials, representatives, employees and volunteers (co llectively “Indemnitees ”) from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including, without limitation, incidental and consequential damages, court costs,

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attorneys’ fees, litigation expenses and fees of expert consultants or expert w itnesses incurred in connection therewith and costs of investigation), that arise out of, pertain to, or relate to, direct ly or indir ectly, in whole or in part, the negligence, recklessness, or willful mis conduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Such obligations to defe nd, hold ha rmless and indemnify any Indemnitee shall not apply to the extent that s uch Liabilities are arise out of the sole negligence, active negligence, or willful misconduct of Indemnitee.

Acceptance by the CITY of the work performed under this A GREEMENT does not operate as a release of C ONSULTANT from such professional responsibi lity fo r th e work perform ed pursuant to this AGREEMENT.

The duty of CONSULTANT and its sureties to indemnify and hold harmless as set forth above, shall include the duty to defend as set forth in Section 2778 of the California Civil Code, provided, however, that nothing herein shall be construed to require the Consultant to indemnify the CITY, its subsidiary districts, its officers, agents or employees against any responsi bility for liability in contravention of Section 2782 of the California Civil Code. T o the extent there is an obligation t o indemnify under this Section, Consultant shall be r esponsible for incidental and consequential damages resulting directly or indire ctly, in whole or in part, from C onsultant’s negligence, recklessness, or willful misconduct.

CONSULTANT and its sureties expressl y and specifically agree to waive any and all subrogation rights it may have against the C ITY, its subsidiary districts, o fficers or employees.

Indemnification and waiver of subrogation contained in this section shall remain operative and in full force and effect regardless of any termination of this Agreement.

SECTION 15 - INSURANCE

CONSULTANT shall procure and maintain f or t he dura tion of the contract a nd three years thereafter (five years for building or major improvements) insurance against claims fo r injuries to persons or damages to prope rty which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONSULTANT , his agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products -completed operations, personal & adver tising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/lo cation or the general aggregate limit shall be twic e the required occurrence limit.

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2. Automobile Liability: ISO Form Numb er CA 00 01 covering a ny auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non -owned autos ( Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the Stat e of California, with S tatutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Err ors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate

If the CONSULTANT maintains higher limits than the minimums shown above, the C ITY requires and shall be e ntitled to coverage for the higher li mits maintained by the CONSULTANT.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status

The CITY, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage

For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the CITY, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the CITY, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

Notice of Cancellation

Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the CITY.

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Waiver of Subrogation

CONSULTANT hereby grants to CITY a waiver of an y right to subrogation whi ch any insurer of s aid CONSULTANT may acq uire against the C ITY by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies re gardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions

Any deductibles or self-insured retentions must be declared to and approved by the CITY. The CITY may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the CITY.

Claims Made Policies (note – should be applicable only to professional liability, see below)

If any of the required policies provide claims-made coverage:

1. The Retroactive Date mu st be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims -made policy form with a Re troactive D ate prior to the contr act Effective Date, the CONSULTANT must purchase “extended rep orting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage

CONSULTANT shall furnish the C ITY with original certific ates and amendatory endorsements or copies of the applicable policy language effecting coverage required by thi s clause. All certificates and endorsements are to be received and approved by the C ITY before work commences. However, failure to obtain the r equired documents prior to the work beginning shall not waive the C ONSULTANT’s obligation to provi de them. The CITY reserves the right to require complete, certified copies of al l required insurance policies, including endorsements required by these specifications, at any time.

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SECTION 16 - NONASSIGNABILITY

Both partie s her eto recognize that this A GREEMENT is for the personal services of CONSULTANT and ca nnot be transferred, a ssigned, or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 17 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT

It is mutually understood and a greed by and between the parties hereto that CONSULTANT is skilled in the profes sional calling necessary to perform the work agreed to be done under this AGREEMENT and that CITY relies upon the skill of CONSULTANT to do and pe rform the work in the most ski llful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.

SECTION 18 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this AGREEMENT or of any provisions of any ordi nance or law shall not be deemed to be a waiver of such term, covenant, condit ion, ordinance or law or of any subs equent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding b reach or violation by the other party of any term, covenant, or condition of this AGREEMENT or of any applicable law or ordinance.

SECTION 19 – SEVERABILITY

If any term or portion of this AGREEMENT is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, t he remaining provisions of this AGREEMENT shall continue in full force and effect.

SECTION 20 - COSTS AND ATTORNEY FEES

Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing par ty in any action or actions to enforce the provisions of this AGREEMENT. The abo ve $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court , or otherwise, and regardless of the number of attor neys, trials, appeals, or actions. It is the intent of this A GREEMENT that neither party shall have to pay the other more than $5000 for attorney fees arising out of a n actio n, or actions to enforc e the provisions of this AGREEMENT.

SECTION 21 - NON-DISCRIMINATION

CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal em ployment opportunity. Neither C ONSULTANT nor

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any of its subco nsultants shall discriminate in the emp loyment of any pers on because of race, color, national origin, ancestry, physical handicap, medical condition, marital sta tus, sex, or age, unless based upon a bona fide occupational qua lification pursuant to the Cali fornia Fair Employment and Housing Act.

SECTION 22 - MEDIATION

Should any dispute arise out of this AGREEMENT, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parti es shall each submit one name from mediators listed by either the American Arb itration Association, the State Mediation and Conciliation Service, or othe r agreed -upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing part y. No party shall be permitted to file a legal action without fi rst mee ting in mediation and m aking a good faith attempt to reach a m ediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement i s reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 23 - LITIGATION

CONSULTANT shall testify at CITY'S request if l itigation is brought against CITY in connection with CONSULTANT'S services under this AGREEMENT. Unless the actio n is brought by CONSULTANT, or is based upon CONSULTANT'S wron gdoing, CITY shall compensate CONSULTAN T for preparation for testimony, testimon y, and travel at CONSULTANT'S standard hourly rates at the time of actual testimony.

SECTION 24 - NOTICES

All no tices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: City Engineer
City of Daly City
Public Works – Engineering Division
333 90
th Street, 1st Floor
Daly City, CA 94015

To CONSULTANT: Jaemin Park, PE, President
Park Engineering, Inc.
372 Village Square
Orinda, CA 94563

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SECTION 25 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
T
his document represents the entire and integrated agreement between CITY and CONSULTANT and supersed es all prior negotiations, representations, and a greements, either written or oral.

T
his document may be amended only by written instrument, signed by both CITY and CONSULTANT.

S
ECTION 26 – AUTHORITY TO ENTER INTO AGREEMENT
C
ONSULTANT has all requisite power a nd a uthority to conduct its business and to execute, deliver, and perform t he A GREEMENT. Each party warrants that the individuals who have signed this A GREEMENT have the legal power , right, and authority to make this AGREEMENT and to bind each respective party.

SECT
ION 27 - GOVERNING LAW AND VENUE
Th
is AGREEMENT shall be governed by the l aws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.

I
N WITNESS WHEREOF, CITY and CONSULTANT have executed this A GREEMENT the day and year first above written.

C

ITY OF DALY CITY CONSULTANT
P
ARK ENGINEERING, INC.
_
______________________________ _________________________________ Thomas J. Piccolotti Jaemin Park, PE
City Manager President
AP

PROVED AS TO FORM
________________
_______________
Rose Zimmerman
City Attorney

PARK

ENGINEERING
Submitted By:

Proposal to Provide
City of Daly City
Construction Management and Inspection/
Support Services for the 2020-21 Street
Resurfacing Project and the 2021-22 and
2022-23 Street Resurfacing Project
May 25, 2023

EXHIBIT A

Orinda Office
372 Village Square
Orinda, CA 94563
Tel: 925-257-2508
Fax: 925-401-7030

Emeryville Office
3960 Adeline Street, #3
Emeryville, CA 94608
Tel: 925-257-2508
Fax: 925-401-7030
May 25, 2023

Mr. Otis Chan, PE, Project Manager
City of Daly City
Public Works Department ‐ Engineering Division
333 90th Street – 1st Floor
Daly City, CA 94015

RE: Proposal to Provide Construction Management and Inspection/Support Services for the 2020-2021 Street Resurfacing (Project A) and the 2021-22 and 2022-23 Street Resurfacing (Project B)

Dear Mr. Chan:

Park Engineering, Inc. is pleased to submit our proposal to provide construction management and inspection/support services for the 2020-2021 Street Resurfacing (Project A) and the 2021-22 and 2022-23 Street Resurfacing (Project B). Park Engineering has performed the same construction management and materials testing services on numerous Bay Area public works projects, including for the City of Daly City, that include roadway rehabilitation and paving, curb ramps and additional related works. We have the personnel with the experience and expertise to successfully complete this project for the City.

I will be the Project Manager and Principal in Charge and the main contact with the City for technical and contractual issues. I will be responsible for providing the City with the appropriate Park Engineering resources and ensuring that the City is satisfied with the services provided.

Our Resident Engineer is Tricia Baxter, PE. Tricia brings over 26 years of construction management and engineering experience on transportation and public works projects built to local, state and federal standards. She has extensive experience on roadway rehabilitation in residential neighborhoods and on major arterials. Tricia will be managing the day-to-day construction of both 2020-2021 Street Resurfacing (Project A) and 2021-22 and 2022-23 Street Resurfacing (Project B).

Assisting Tricia on these projects is Senior Construction Inspectors Chris Kinser who has over 27 years of experience and Rolando Calvo who has over 30 years of experience. Both Chris and Rolando have extensive roadway rehabilitation project experience including FDR and base repairs and have worked on roadway rehabilitation projects for the City of Daly City. They will provide the necessary expertise in the field to ensure that all work is completed in accordance with the contract documents. Janet Dowling, PE, who has over 35 years of experience, will provide needed office engineering for these projects.

To provide materials testing on these projects, we have included Applied Materials & Engineering (AME), a local Caltrans and ASTM certified materials testing and special inspection firm with exceptional experience on roadway and public works construction projects.

Our team has the expertise to meet the challenges of these projects and ensure that the work is successfully completed in accordance with the City and contract requirements.

Should you have any questions or need additional information, please do not hesitate to contact me. I can be reached at (925) 818-3756 or [email protected].

Sincerely,

Jaemin Park, PE
President

EXHIBIT A

2. ORGANIZATIONAL PROFILE AND QUALIFICATIONS

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

SUMMARY OF EXPERIENCE and CAPABILITIES
Company Profile
Park Engineering, Inc. was founded in 2013 with the
vision of providing high quality construction
management, construction inspection,
program/project management, project controls, and
contract administration services to public agencies
on transportation and infrastructure projects.

The firm’s guiding principle is to add value to
public agencies by furnishing high level technical
resources and expertise. Our approach combines
highly developed engineering and management
capabilities with proven problem solving and
relationship building skills.

Park Engineering specializes in providing
construction management, construction
inspection, program/project management and
contract administration services on projects with
federal, state, bond, grant and other specialty
funding requiring coordination with and audits by,
Caltrans, FHWA and other oversight agencies.

Certifications
State of California CUCP DBE (No. 41711)
State of California DGS SBE (No. 1757722)
State of California PUC MBE (No. 17000825)
Services
• Construction management
• Resident engineering
• Construction Inspection
• Project management / program management
• SWPPP implementation and inspection
• Scheduling and schedule control
• Cost estimating and cost control
• Utility coordination
• Claims analysis, negotiation, and resolution
support
• Value engineering
• Permit compliance
• Constructability and bid-ability review
• Bid advertisement and award process
• Staff augmentation
• Federal and state audit support
• Federal and state fund reimbursement and
project closeout
• Public and Community Outreach
• Training and Staff Development

Our key personnel have experience delivering
projects of this nature for transportation and local
agencies that include new roadway and existing
street improvements for capital improvements
and development projects. In addition, we have
extensive experience with administering
construction projects that receive funding from
multiple sources, including FHWA, FAA, FTA, State,
Local Specialty Groups and Local Measure funds.

We have
the skills
necessary
to ensure
thorough
reporting
and strict
adherence
to federal
guidelines.

Firm Park Engineering, Inc.

Year Founded 2013
Form of Organization Corporation
Number, Size and
Location of Offices
Headquarters:
372 Village Square
Orinda, CA 94563
Tel: (925) 257-2508
Fax: (925) 401-7030
www.park-eng.com

Additional Office:
3960 Adeline Street, #3
Emeryville, CA 94608
Primary Contact for
RFP

Jaemin Park, PE
President
Cell: (925) 818-3756
E-Mail: [email protected]
Number of Employees 20
Principals Jaemin Park, PE
President
Steve Patterson, PE
Vice President
Licensing Registered Professional Civil
Engineer(s), State of
California

EXHIBIT A

2. ORGANIZATIONAL PROFILE AND QUALIFICATIONS

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

SIMILAR PROJECT EXPERIENCE
Our firm currently provides construction
management and inspection services to cities and
counties throughout the Bay Area, so we
understand not only the nature of the work but
how to represent the City in a professional
manner.

The firm’s most recent similar projects to provide
Construction Management & Inspection Services
include:

CITY OF DALY CITY – CONSTRUCTION
MANAGEMENT AND INSPECTION SERIVICES;

CITY OF DALY CITY, CA
Services Provided: Park Engineering provided the
City of Daly City construction management
services, which included resident engineering,
construction inspection, administrative support,
and materials testing, including completing all
award packages, federal fund invoicing to
Caltrans, contract administration and project
close-out.

Mission Street Streetscape Project
Park Engineering, Inc. provided construction
management for this $1.4M project on a major
arterial. Project work consisted of bulb out &
curb ramp improvements, landscaped median
widening with new irrigation & planting,
roadway base repairs and slurry seal, new traffic
striping/pavement markings, high visibility
crosswalks, decorative pedestrian street lighting,
and pedestrian safety signage improvements
along Mission Street from Crocker Avenue to
Templeton Avenue.

Central Corridor Bicycle & Pedestrian Safety
Improvements (Federally Funded)
Park Engineering, Inc. provided construction
management services to the City of Daly City for
this $2.3M federally funded project that included
curb and gutter construction, pavement repairs,
thermoplastic traffic striping and pavement
marking installation, new curb ramp & sidewalk
installation, storm drain system upgrades, utility
box adjustments to new grade, bridge deck
modifications, and traffic signal upgrades, rapid
flash beacon & speed feedback installations.

John Daly Boulevard Streetscape Improvements
(Federally Funded)
Park Engineering, Inc. provided construction
management services to the City of Daly City for
this $3.5M federally funded “Complete Streets”
improvements project to encourage multimodal
travel on John Daly Boulevard between Mission
Street transit hubs and the Daly City BART
station. The project work included installation of
Class II bicycle lanes, ADA compliant curb ramps,
and a widened and buffered sidewalk with
seating. The project also includes reduced
medians, decorative sidewalk, decorative
streetlights, new signalized intersection, base
failure dig out repairs, complete grind and HMA
overlay of project limits, new storm drain
systems, new recycled water irrigation system,
new landscaping, and new stamped AC
decorative crosswalks at all locations.

Client Contact Shirly Chan, P.E.

Senior Civil Engineer
City of Daly City
Engineering Division
(650) 991-8231
Dates of
Service
2016-2023
Project Value $2.3M - $3.5M construction cost
Key Personnel Jaemin Park PM/RE
Steve Patterson, PM/RE
Otis Chan, Contr. Engineer
Chris Kinser, Const. Inspector
Rolando Calvo, Const. Inspector

EXHIBIT A

2. ORGANIZATIONAL PROFILE AND QUALIFICATIONS

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

CITY OF CONCORD PROJECT MANAGEMENT,

CONSTRUCTION MANAGEMENT AND
INSPECTION SERVICES; CONCORD, CA
Description: Park Engineering is providing
construction management and inspection
services for City public works projects, including
street rehabilitation, bicycle lanes, pedestrian
improvements, bridges and roadway
improvements. Projects include:

Willow Pass Road Signal Upgrade Project
This $2.2M locally funded project installed new
fiber optic signal interconnect cable through new
and existing conduits along Willow Pass Road
from Galindo Road to Landana Street. Project
work also included signal upgrades at 3
intersections.

Monument Blvd Class 1 Path Project
This $4M federally funded project constructed a
new Class 1 pervious concrete path along
Monument Blvd. between Walters & Cowell with
signal improvements at both intersections. Other
work included storm drain, landscaping and
striping improvements with 2 retaining walls
constructed for the new path.

Clayton Road Traffic Operations Improvements
This $450,000 locally funded project installed new
fiber optic signal interconnect cable through new
and existing conduits along Clayton Road from
Market to Sutter Streets.

Denkinger Road Pavement Rehabilitation Project
This $1.2M locally funded project rehabilitated
the existing pavement for approximately 1/2
mile along Denkinger Road by a full depth
reclamation (FDR) process. 7 curb ramps were
also upgraded, spot repairs were made at
various curb location, and final re-striping of the
roadway and adjacent intersection with Concord
Blvd.

Measure Q Paving Rehabilitation, Project #8
This $1.3M project included roadway
reconstruction work on 8 local residential
roadways, including construction of 14 new curb
ramps and replacement of existing valley gutters
and curb & gutter. Roadway reconstruction
methods were varied degrees of grinding &
repaving with some pavement failure digouts
and use of RHMA as the final wearing course.

West Concord Bikeways
This $80,000 project work involved the
installation of new buffered bike lanes on
Meridian Parkway Blvd. and Galaxy Way / John
Glenn Drive.

Citywide Accessibility Improvement Projects #4,
5, 6, 7, 8 and 9
These projects, funded through Community
Development Block Grant Funds (HUD), involved
the re-construction of pedestrian curb ramps at
various intersections throughout the City, with a
number of locations included as Alternate Bid
Items to allow the City flexibility to add or
remove this specific work based on bid results.

Central Concord Pedestrian Improvements
This $3M project included roadway resurfacing
work of both the mill and fill method for Willow
Pass Road and a slurry seal for Broadway, as well
as replacement of non-ADA compliant curb
ramps.

City-wide Bridge Rehabilitation Program,
Package 1 – Project work included construction
of maintenance repairs for six bridges
throughout the City.

Detroit Avenue Bicycle and Pedestrian
Improvements Project – Federally funded
Project constructed roadway and streetscape
improvements on Detroit Avenue from
Monument Blvd. to Clayton Road.

Ellis Lake Restroom Building Project
This locally funded project included the site
preparation and utility installation to accept a pre-
fabricated 4-unit restroom building.

Client Contact Bernard Enrile, PE
Manager, CIP
City of Concord
(925) 671-3031
Dates of Service 2015 - Current
Project Value $80,000 to $4M (Construction
Value)
Key Personnel Jaemin Park, PM / RE
Steve Patterson, PM / RE
Mike Johnson, Dante Morabe,
Chris Kinser, James Beauchamp,
August Silva & Rhea Bernardo -
Inspectors

EXHIBIT A

2. ORGANIZATIONAL PROFILE AND QUALIFICATIONS

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

DUBLIN BOULEVARD PAVEMENT REHABILITATION PROJECT - CITY OF DUBLIN, CA (Federal Funds) - $3.5M This $3.5M federally funded project included
improvements along approximately 1 mile of
Dublin Boulevard between Scarlett Drive and
Hacienda Drive. Work included:
• Pavement rehabilitation including curb
ramp replacements
• Cold planning and overlay
• Dig-out repairs
• Pavement markings
• Adjusting utilities to grade
• Modifications to traffic signals at 5
intersections including adding traffic
cameras.

As one of the City’s main commute corridors,
Dublin Blvd. is three lanes in each direction with
left and right turn lanes and bike lanes and is
heavily congested. Ensuring the contractor
followed approved traffic control plans was
extremely important. Within the project limits,
Dublin Blvd. is surrounded by residential and
shopping / business centers and is located in a
highly visible area requiring additional public
outreach. The project was federally funded and
required administration in accordance with
Caltrans Local Assistance Procedures Manual for
reimbursement of funds.

Park Engineering provided all construction
management, inspection and materials testing for
the project. Specific work scope included day to
day oversight of contractor’s operations,
coordination and communication with utility
companies and adjacent contractors, public
information and relations, contract administration
in accordance with Caltrans Local Assistance
Procedures, administration on quality assurance in
accordance with the City’s Quality Assurance
Program (QAP) and providing all federal
documentation for federal fund reimbursement
and audits.

Client Contact Will Wahbeh, PE
Associate Civil Engineer
City of Dublin
(925) 833-6649
Dates of
Service
2022 - ongoing
Project Value $3.5M construction cost
Key Personnel Jaemin Park, PM/RE
Tricia Baxter, ARE
Rhea Bernardo, Inspector
Dante Morabe, Inspector

EXHIBIT A

2. ORGANIZATIONAL PROFILE AND QUALIFICATIONS

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

TEAM QUALIFICATIONS
Park Engineering brings a team of experienced
personnel to represent the City for these
pavement rehabilitation projects. Our team
includes a resident engineer, two construction
inspectors, an office engineer and materials testing
firm. Our team will work on both Project A and
Project B to provide efficiency in staffing. With
one team managing both projects sharing
resources, there is a decrease in overall costs for
construction management of the project.

Additionally, since the project work is similar for
both projects, the expertise of the team fits well.

Jaemin Park, PE will be the Principal in Charge
and Project Manager of the team, providing
oversight and managing Park Engineering
resources. Jaemin will perform periodic checks
not only with the inspectors, but also the City to
ensure satisfied results.

Park Engineering’s Resident Engineer, Tricia
Baxter, PE, has more than 26 years of experience
in project and construction management, design,
and contract administration of local agency
construction projects with similar scope
throughout the Bay Area. She has successfully
completed numerous public works construction
projects, including for Cities, Counties, Caltrans
and other public and transit agencies. Her duties
have included all aspects of contract
management, such as tracking submittals,
equipment and materials, estimating, and
scheduling. She has managed projects that
include pavement rehabilitation, storm drains
and drainage systems, water and sewer, new
and existing city intersections, streetscape
construction/ rehabilitation, and utilities.

She is well-versed in the procedures of contract
management and reporting in accordance with
State, Federal and Local requirements. Tricia will
be the resident engineer who will manage the
day-to-day construction of both projects making
sure that all projects’ works are completed in
accordance with the contract documents,
meeting all City, State, and Federal
requirements.

Chris Kinser, Senior Construction Inspector
Chris has over 27 years of experience in
transportation and infrastructure construction,
including road rehabilitations, street
improvements, streetscapes, new roadways and
highways, drainage, and multiple utility projects
experience. Chris has extensive experience
working with local agencies on federal and
locally funded projects. Chris has worked on
numerous roadway rehabilitation projects for
the City of Daly City of the last five years.

Rolando Calvo, Senior Construction Inspector
Rolando has more than 40 years of extensive work
experience in engineering and construction works,
specialized in construction inspection, project
monitoring, and management of large and
complex infrastructure projects including but not
limited to construction of sewerage system, pump
station, force main, effluent pond sludge drying
facilities, watermains, recycled waterlines, and
drainage improvement projects. Rolando also has
knowledge and experience in HMA pavement
construction, roadway rehabilitation, and
maintenance. Rolando’s most recent project
experience includes roadway rehabilitation project
for City of Daly City.

Janet Dowling, Office Engineer
Janet has over 40 years of experience in
engineering, project management and
construction management of roads, bridges,
utilities, flood control, airports, buildings and
other structures, signals and lighting,
landscaping and streetscapes, and other public
works infrastructure projects. Janet has
extensive experience with public works contract
administration and accounting. She has spent
over twenty years administering construction
projects for Contra Costa County for all public
works and engineering services projects. She has
extensive experience with local, state, federal
and grant funded projects and is an expert with
tracking projects costs and schedules.

Applied Materials & Engineering
Park Engineering Team Member Applied
Materials & Engineering, Inc. (AME) will provide
quality assurance testing as required. Testing
will be performed in the frequencies required by
the City’s Quality Assurance Program and the

EXHIBIT A

2. ORGANIZATIONAL PROFILE AND QUALIFICATIONS

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

Caltrans Local Assistance Procedures Manual.

AME has worked on numerous projects as part
of Park Engineering’s team over the past ten
years and understands what is needed for the
City projects.

AME’s materials testing technicians will provide
reports of field tests performed. Their lab
manager will ensure that all laboratory tests are
performed accurately and submit reports with
certified results. They will support the Team with
any submittal reviews for materials to be used,
responses to RFI’s and support for any disputes.

AME will provide summary of tests performed
and results of tests performed to support quality
of the work. They will provide sufficient
information so that the resident engineer can
certify that all materials used on the project meet
the contract requirements.

TEAM ORGANIZATION
Tricia Baxter, PE will be the Resident Engineer, responsible for management of the overall project. She will be supported by Senior Construction Inspectors Chris Kinser and Rolando Calvo. Janet Dowling will also assist with contract administrative efforts as a part-time office engineer. Materials testing services are provided by Applied Materials and Engineering.

EXHIBIT A

2. ORGANIZATIONAL PROFILE AND QUALIFICATIONS

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

JAEMIN PARK, P.E., PRINCIPAL IN CHARGE/ PROJECT MANAGER Years of Experience
31 Education
B.S. Civil Engineering, Cal Poly Pomona 1992
Licenses and Registrations
Professional Engineer: California, #C54476, 1995
Licensed General Contractor #770073, California 1999
Key Qualifications
Jaemin has 31 years of experience providing project management, construction management, construction administration, and design of highway, bridge, building and public works infrastructure projects throughout California. He has worked with state, regional and local agencies in the capacity of project principal, project manager, resident engineer, structures representative, construction inspector, project engineer, and design engineer. He has contributed to numerous constructability/bid-ability reviews and value engineering studies. He has provided claims analysis, mitigation and resolution support to state, regional and local agencies. Jaemin is an expert in federally funded projects including HBP, HBRR, ARRA, SRTS, NTPP, and TIGER funds.

Representative Project Experience
• John Daly Boulevard Streetscape Improvements Project (federally funded), City of Daly City, CA Resident Engineer/Project Manager for this $3.3M federally funded streetscape improvements project that includes roadway modifications, installation of a concrete walkway, ADA compliant ramps, landscaping, irrigation using recycled water, bioswales, Class II bicycle lanes, and pedestrian amenities such as benches and trash/recycling receptacles. The project narrowed the center median, installed streetlights on the outside medians, installed new decorative streetlights for the pedestrian walkway, modified traffic signals at three intersections, repaired base sections of roadway with deep lift HMA, resurfaced the entire length of the project with HMA, installed new striping and decorative stamped AC crosswalks. The project required coordination with Caltrans, SamTrans, SF MUNI, utility companies, and various departments within the City.
• San Pablo Ave. Complete Streets Project (Federal and CCTA Measure J Funded), City of San Pablo, CA Jaemin is the Project Manager and Resident Engineer for this $5.8 million federal and CCTA Measure J funded project complete streets project, which is a roadway improvement project including streetscape and pavement rehabilitation. The Project is located along San Pablo Avenue between Rivers Street and Hilltop Drive. The project is to improves San Pablo Avenue for all roadway users by adding Class 2 bike lanes in both directions of travel, constructing sidewalk along the western side of San Pablo (southbound direction) from Rivers Street to Hilltop Drive and from Rivers Street to Lancaster Drive along the eastern side (northbound direction). Existing traffic signals at all intersections will be replaced or modified and a new signalized intersection at La Puerta will be constructed. Two new retaining walls will be constructed from Rivers to Lancaster and a new soil nail wall will be constructed just north of Robert Miller Drive to allow the roadway to be widened sufficiently to accommodate the new facilities for non-motorized roadway use. Additional improvements include storm drains, new electrical, standard and decorative street lighting, new trees and landscaping, and grinding and HMA overlay of majority of the roadway. The project limits are in both the City of San Pablo and City of Richmond, requiring coordination with both cities.
• Contra Costa Boulevard Improvements and Pavement Rehabilitation Project (Federal and CCTA Measure J Funded), City of Pleasant Hill, CA
Project Manager and Resident Engineer for this $4 million project funded through three federal HSIP and STP grant funds and CCTA measure J grant fund. Project included traffic safety, roadway and other improvements, including full depth pavement restoration, grind and overlay, intersection and traffic

EXHIBIT A

2. ORGANIZATIONAL PROFILE AND QUALIFICATIONS

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

signal upgrades, bike lanes, enhanced sidewalks and crosswalks, new irrigation and landscaping, and decorative street median and pedestrian lighting on the main arterial through a busy commercial district.
• Citywide Accessibility Improvement Projects #5, 8 and 9 – City of Concord, CA Jaemin was the Resident Engineer on three separate accessibility improvements projects for the City.

These projects involved the re-construction of pedestrian curb ramps at various intersections throughout the city, with a number of locations included as Alternate Bid Items to allow the City flexibility to add or remove this specific work based on bid results. The projects were primarily in residential neighborhoods and adjacent to schools and parks. These projects funding involved Community Development Block Grant Funds through Federal Housing and Urban Development (HUD) requiring compliance with federal guidelines.
• Moraga Way and Canyon/Camion Pablo Improvements (Federal and CCTA Funded), Moraga, CA Jaemin was the Project Manager and Resident Engineer for this $4M, federally and CCTA measure funded roadway and bicycle safety improvements project. The Project improved several intersections and corridors within and adjacent to the Moraga Center Planned Development Area. The first project improved Moraga Way between Moraga Road and Ivy Drive, completing the bicycle and pedestrian network along the corridor. This is an extension of a project completed by the City of Orinda in 2014.

The project re-surfaced Moraga Way to provide an even surface for bicyclists while re-striping the roadway with buffered Class II bicycle lanes. The project added sidewalks and pedestrian pathways as well as replaced curb ramps and driveways providing an accessible path of travel linking Miramonte High School, residential land uses, County Connection transit stops, and the Moraga Center along Moraga Way. The second part of the project improved the intersection of Camino Pablo and Canyon Road, which is a key route for students walking to Joaquin Moraga Intermediate School. At this location, there is a large pedestrian demand to cross Canyon Road but with vehicles traveling at high rates of speed as they approach the intersection. The project reduced the through travel lanes from two to one in each direction and assigned the remaining area to bulb-outs while adding a pedestrian refuge reducing the crossing distance and narrowing the roadway to calm traffic. Additional improvements at the intersection include rectangular rapid flash beacons, improved intersection lighting, as well as a speed feedback sign in the northbound direction to advise drivers of their speed as they enter the Town's limits. Finally, the project provided green street elements within the bulb-outs meeting the Municipal Regional Permit requirements.
• Golf Club Road Bridge Replacement Project (Federal and CCTA Measure Funded), Pleasant Hill, CA Jaemin is the Project Manager and Resident Engineer for this $4 million project that consists of replacing Golf Club Road Bridge over Grayson Creek, a multi-span concrete bridge on wood supports, with a new concrete slab bridge on concrete pile extensions. The project also includes street improvements with full depth structural section replacement with new base and AC paving, decorative street lighting, enhanced architectural features including decorative “Texas” barrier, color concrete for bridge, curb & gutter, sidewalk and median island. The project funded by federally HBP program and CCTA measure J grant fund, requiring contract administration in accordance with Caltrans Local Assistance Procedures Manual and subject to Caltrans audits.
• On-Call Construction Management, Inspection and Materials Testing Services - Contra Costa County Jaemin was the Project Manager for this on-call contract constructing numerous public works projects, federally funded, tax measure funded, locally funded and developer projects throughout the County, including new roads, bridges and bridge widenings, concrete curb, gutter and sidewalks, storm drains, traffic signals, culverts, parks and playgrounds, and utilities.

EXHIBIT A

2. ORGANIZATIONAL PROFILE AND QUALIFICATIONS

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

TRICIA BAXTER, PE, CONSTRUCTION MANAGER/RESIDENT ENGINEER Years of Experience
26 Education
M.B.A. Management Sciences Option, California State University, Hayward B.S. Civil Engineering, California State University, Chico Licenses and Registrations
Professional Engineer: California, #64185
Professional Engineer: Nevada, #26831
Key Qualifications
Tricia has more than 26 years of experience in project and construction management, design, and contract oversight and development in the transportation engineering field. She has successfully managed numerous public works construction projects, including sanitary sewer and storm drain systems, local arterial roadways, and major Caltrans highway improvement projects. Duties have included all aspects of contract management, such as tracking submittals, equipment and materials, estimating, and scheduling. Tricia is intimately familiar with the Caltrans Local Assistance Procedures Manual (LAPM) and brings experience in managing federally‐ funded roadway improvement projects. Successful past projects have included highly visible and politically sensitive streetscape, underground utility installation and relocation, and asphalt/concrete pavement projects.

Project Experience
• Dublin Blvd Pavement Rehabilitation Project (federally funded), City of Dublin, CA Tricia was the Asst. Resident Engineer for this $3.5M federally funded project which included street resurfacing of approximately 1 mile of Dublin Boulevard between Scarlett Drive and Hacienda Drive.

Work included curb ramp replacements, cold planning and overlay, dig-out repair, pavement markings, adjusting utilities to grade, and modifications to traffic signals, including adding traffic cameras. As one of the City’s main commute corridors, Dublin Blvd. is three lanes in each direction with left and right turn lanes and bike lanes and is heavily congested. Ensuring the contractor followed approved traffic control plans was extremely important. Within the project limits, Dublin Blvd. is surrounded by residential and shopping / business centers and is located in a highly visible area requiring additional public outreach. Tricia verified monthly billing requests, hosted meetings, reviewed and responded to submittals and RFI’s, prepared federally funded documentation, and the focal point of communication for the project team.
• Downtown Monterey Road Rehabilitation Project (federally funded), City of Gilroy, CA Tricia served as the Project / Construction Manager for this $1.6M politically sensitive federally‐ funded roadway rehabilitation project on Monterey Road between First St. and Eighth St. The improvements included pavement rehabilitation and roadway reconstruction; microsurfacing and digout pavement repair; construction of missing and/or damaged concrete curbs and gutters; and the installation of ADA compliant curb ramps at numerous intersections within the project limits. Monterey Road is a heavily travelled roadway lined with businesses and restaurants and required an extensive amount of public outreach to coordinate restaurant deliveries, drop off and pick‐up for two schools that were located one block off Monterey Road, etc. First St2. is a Caltrans‐operated roadway, so coordination was required with Caltrans to obtain a double permit for the work near First St. As a federally funded project, project was required to meet guidelines in the Caltrans LAPM. • FY19 Citywide Pavement Maintenance Project, City of Gilroy, CA Tricia served as the Project / Construction Manager for this $1.3M project including localized asphalt and concrete repairs, micro‐surfacing, crack sealing, concrete curb ramp upgrades and/or replacements, striping and marking improvements, sidewalk repairs, and utility adjustments.

Responsibilities included reviewing the contractor’s submittals and monthly pay estimates; leading weekly meetings and reviewing inspector’s daily documentation of job‐related activities.

EXHIBIT A

2. ORGANIZATIONAL PROFILE AND QUALIFICATIONS

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

• Citywide Curb Ramp Project (federally funded), City of Pacifica, CA Project Manager for this federally funded project which included curb ramp improvements at 40+ intersections throughout the city. Project documentation was completed according to the Caltrans LAPM requirements.
• Palmetto Avenue Streetscape Project (federally funded), City of Pacifica, CA Project Manager for this $3.5M federally funded streetscape project to enhance safety and visual appearance of Palmetto Ave. Improvements included planter area bulb‐outs, crosswalks, ADA accessible ramps, streetlights, landscaping, bicycle racks, bicycle lanes, recycled water irrigation system, and pavement resurfacing.
• Geary Road Improvements, City of Walnut Creek, CA
Construction Manager for this $10 million roadway and underground utility improvement project. The intent of the project was to improve overall transportation efficiency and pedestrian/bicycle safety through the construction of continuous dual left‐ turn lanes, an on‐street exclusive bike lane, a pedestrian sidewalk, street parking, and landscaping. Most of the 18‐inch to 3‐inch PVC storm drain installation had to be redesigned due to multiple utility conflicts for the entire 4,000 lf of the project. Traffic signals at Buena Vista Avenue and Pleasant Hill Road were modified, and street lighting was improved as well.

Pavement was reconstructed using the Full Depth Reclamation Method (FDR). • Crystal Springs Road Sewer Main Replacement, City of San Bruno, CA Project Manager for this $3.35 million project which consisted of constructing approximately 550 lineal feet of 8‐inch, 10‐inch and 24‐inch diameter HDPE sanitary sewer pipe and removing and replacing approximately 2,595 lineal feet of 8‐inch, 10‐inch, 18‐inch, and 20‐inch sanitary sewer pipe by open‐cut construction methods. A portion of the pipeline installation occurred on El Camino Real, which is a Caltrans‐operated roadway requiring work was performed according to the Caltrans encroachment permit.
• TAM Junction Pedestrian and Bicycle Improvement Project Project Manager for this project which improved bicycle access at the intersection of Shoreline Highway (Caltrans State Route 1) and Almonte Avenue, which is commonly referred to as TAM Junction. This project consisted of adding Class II bicycle facilities through the TAM intersection, traffic signal improvements, drainage improvements, utility relocations, and the relocation of delineators on Shoreline Highway. The project was designed to not interfere with a future Caltrans sidewalk improvement project in the area. Due to the high traffic volumes in the heavily congested TAM Junction intersection, improvements were constructed at night in accordance with the Caltrans Encroachment Permit. • I‐580 Westbound HOV PSR Project, Alameda County Congestion Management Agency, CA Deputy Project Manager for the I‐580 Westbound HOV Project Study Report (PSR). The purpose of the project was to develop alternatives for the construction of a westbound HOV lane from the Greenville Overhead in the Livermore Valley to Foothill Road in Dublin/Pleasanton for approval using Caltrans standards. The scope of the project included widening the inside and outside shoulders sufficiently to allow for conversion of the HOV lane to a HOT lane in the future, upgrading median drainage, widening 3 bridges, widening N. Livermore Avenue undercrossing, and constructing auxiliary lanes. The project scope also included constructing WB express bus connections to the East Dublin/Pleasanton BART Station. In addition to completing the PSR, various accompanying reports were completed including the Storm Water Data Report, the Right of Way Data Sheet, and both Advisory and Mandatory Design Exception Fact Sheets. The PSR was approved by Caltrans D4, and the project is currently in the final stages of design. • I‐580/I‐680 Interchange Improvement Project, Alameda County Congestion Management Agency, CA Deputy Project Manager responsible for preparing conceptual layouts for a HOV Lane direct connector from Westbound I‐580 to Southbound I‐680. This project was a PSR (PDS) and required extensive coordination between various cities and public agencies, BART, Caltrans, and area politicians. The project began with more than 30 conceptual alignments, and through the Caltrans PDT process, 3 alternatives were chosen to be included in the document.

EXHIBIT A

2. ORGANIZATIONAL PROFILE AND QUALIFICATIONS

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

CHRIS KINSER, CONSTRUCTION ENGINEER / SR. CONSTRUCTION INSPECTOR Years of Experience
27 Education
B.S. Construction Management, California State University, Chico, 1996 Certifications and Training
40 hour HazWOPER and HazMat certifications
Caltrans Stormwater Management SWPPP training
COGZ CMMS Preventive Maintenance software
Key Qualifications
Chris has 27 years of experience in transportation and infrastructure construction, including highways, parking lots, athletic fields, residential streets, and commercial sites. Acting in the capacity of Resident Engineer and contractor, Chris has managed highway interchanges, roadway widenings, emergency slide and flood repairs, box culverts, and multiple utility installations/relocations. He is familiar with the Caltrans Standard Specifications, Standard Plans, Construction Manual, Local Assistance Procedures Manual, and the “Greenbook” Standard Specifications for Public Works Construction.

Chris has experience supervising construction staff and has assisted to complete projects on schedule and within budget in accordance with contract requirements. He has performed inspection of construction activities to ensure conformance with approved contract document and has experience in review of construction contracts, scope of work, labor and insurance requirements. He has worked with private companies, various utility companies, numerous agencies and the public. His experience, ability to work well with others and attention to detail impact his projects positively.

Representative Project Experience
• John Daly Blvd Streetscape Improvements Project (Fed funded), City of Daly City - $3.3M Assistant resident engineer/construction inspector for streetscape improvements that included roadway modifications, installation of a concrete walkway, ADA compliant ramps, landscaping, irrigation using recycled water, bioswales, Class II bicycle lanes, and pedestrian amenities such as benches and trash/recycling receptacles. The project narrowed the center median, installed street lights on the outside medians, installed new decorative street lights for the pedestrian walkway, modified traffic signals at three intersections, repaired base sections of roadway with deep lift HMA, resurfaced the entire length of the project with HMA, installed new striping and decorative stamped AC crosswalks. The project required coordination with Caltrans, Samtrans, SF MUNI, utility companies, and various departments within the City.
• Denkinger Road Pavement Rehabilitation Project, City of Concord Assistant resident engineer / construction inspector for the $1.2M locally funded project that rehabilitated the existing pavement for approximately 1 mile along Denkinger Road by full depth reclamation process. 7 curb ramps were also upgraded, spot repairs were made at various curb location, and final re-striping of the roadway and adjacent intersection with Concord Blvd. • Contra Cost County Public Works, Kirker Pass Road NB Truck Climbing Lane Project, Concord Chris was the construction inspector on this $15M federally funded project that constructed an additional lane for improved truck climbing safety. The project constructed six retaining walls to complete the widening lane, as well as grind & pave of all lanes (4) for approximately 2 miles, related drainage improvements and restriping work. Coordination was needed with the Cities of Concord & Pittsburg, Union 76 for their close proximity gas line, and the Concord Pavilion. • City of Alameda, Cross Alameda Trail, Main to Constitution, Alameda Assistant resident engineer/construction inspector for this $5.5M federally funded project that constructed a segment of a crosstown four-mile bicycling and walking corridor to connect the west side of the island to the east. Project work includes construction of separate walking and bicycling paths

EXHIBIT A

2. ORGANIZATIONAL PROFILE AND QUALIFICATIONS

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

(asphalt concrete), plus a decomposed granite jogging path, in the City-owned abandoned railroad right-of-way along Atlantic Ave. Activities include import fill and management of the existing contaminated soils, drainage improvements, decorative concrete sidewalk & plaza work, existing signal modification, installation of a mid-block new pedestrian crossing, landscape & irrigation, bus shelter & site furnishings, path and roadway striping.
• 2nd Street & Grand Ave Intersection Improvement Project, City of San Rafael Assistant resident engineer/construction inspector for this traffic signal improvement to this busy intersection with new & improved curb ramps while widening the northbound approach on Grand Ave.

The project also upgraded and replaced all the traffic signal components. Daily traffic control and coordination with adjacent businesses was also a critical component of the project work. • Detroit Avenue Bicycle and Pedestrian Improvements Project (federally funded), City of Concord
Assistant resident engineer/ construction inspector for this $4M federally funded (OBAG) project constructing roadway and streetscape improvements on Detroit Avenue from Monument Blvd. to Clayton Road. Work on this $4M project involves full street rehabilitation including, grading, AC paving, signals and lighting, new curb, gutter and sidewalks, new curb ramps, drainage improvements, irrigation and lighting, and enhanced striping and pavement markings. • El Monte Road Preservation Project (federally funded), Town of Los Altos Hills Assistant resident engineer/construction inspector for this $500K federally funded project that removes, replaces and adds concrete curb ramps, and installs portions of new curb and gutter. Other work includes two inches of grinding and overlay of the existing roadway with new hot mix asphalt.

Traffic detector loops and existing striping were replaced and various utility covers and frames were adjusted to the finished grade of the new pavement. Work requires closely monitored, daily traffic control as all the improvement work takes place through the busy area of the I-280 and El Monte Road • El Camino Real Street Improvements, Samtrans Transit District, Burlingame to Belmont The $4 million project constructed 15 new bus pads for various stops along El Camino Real. Scope also included grinding out existing failed pavement sections and paving back with Hot Mix Asphalt at various locations along El Camino Real with extensive traffic control. • Grimmer Blvd Widening – City of Fremont, Fremont
This $2 million project widened and improved Grimmer Blvd in Fremont. Work included widening of the existing roadway and construction of a new median strip with new irrigation and landscaping. • Mission Blvd Widening - Caltrans, District 04, Niles/Fremont This $42.1 million project widened and improved Mission Blvd, State Route 238, in Fremont and Niles.

Project work included widening of three existing bridges over the railroad and also over Alameda Creek. Other work included utility relocations & installations, drainage improvements, new and replacement traffic signals and street lighting and curb, gutter & sidewalk construction. • SR 92 Widening - Caltrans, District 04, Half Moon Bay This $11 million project widening and improved Highway 92 from near Skyline Blvd to Half Moon Bay.

Project work included widening of the existing roadway by performing mass excavation of hillsides, construction of soldier pile wall and soil nail walls. Other work included roadway section work, drainage and electrical improvements, utility relocations and extensive detail to storm water pollution prevention for nearby creeks. Project initiated numerous design changes to meet existing field conditions and stay with allocated project funds.

EXHIBIT A

2. ORGANIZATIONAL PROFILE AND QUALIFICATIONS

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

ROLANDO CALVO, CONSTRUCTION ENGINEER / SR. CONSTRUCTION INSPECTOR Years of Experience
40 Education
BS in Civil Engineering, University of the City of Manila, Philippines, 1979 Registered Professional Civil Engineer, Philippines
Certifications and Training
Certificate, Pipeline Assessment Certification Program
Certificate, HAZWOPER, Compliance Solution
Certificate, Fundamentals of Inspection Practice, UC Berkeley Institute of Transportation Studies Certificate, Asphalt Pavement Design, Construction and Maintenance, UC Berkeley, ITS Certificate, OSHA 3010, Excavation, Trenching and Soil Mechanics Certificate, OSHA 2264, Permit Required Confined Spaces Entry Key Qualifications
Rolando has more than 40 years of extensive work experience in engineering and construction projects, specialized in construction inspection, project monitoring, and management of large and complex infrastructure projects including but not limited to construction of sewerage system, pump station, force main, effluent pond sludge drying facilities, watermains, recycled waterlines, and drainage improvement projects. Rolando also has knowledge and experience in HMA pavement construction, rehabilitation, and maintenance, as well as roadway concrete improvements including curb, gutter, sidewalk and curb ramp construction.

Rolando has assisted to complete projects on schedule and within budget in accordance with contract requirements. He has performed inspection of construction activities to ensure conformance with approved contract document. He has worked with private companies, various utility companies, numerous agencies, and the public. His experience, ability to work well with others, and attention to detail is a benefit to all projects.

Representative Project Experience
• City of Daly City – Mission Street Streetscape Project Performed field inspection and monitored contract work to ensure compliance with plans and specifications. Project work consisted of bulb out & curb ramp improvements, landscaped median widening with new irrigation & planting, roadway base repairs and slurry seal, new traffic striping/pavement markings, high visibility crosswalks, pedestrian street lighting, and pedestrian safety signage improvements along Mission Street from Crocker Avenue to Templeton Avenue.
• City of San Rafael Sanitation District
As a District employee, performed field inspection and monitored contract work to ensure compliance with plans and specifications any many various Capital Improvement Projects and Permit Inspections.

Enforced the City’s Standard and Regulations on various sewer facilities projects in construction and rehabilitation of sewer pumping stations, force and gravity sewer mainlines, and other capital improvement projects. Reviewed and assisted in the design of plans, progress payments, prepared and maintain daily inspection reports and pictures, and kept daily records. 10/13/2008 – 03/30/2022 (RETIRED)
• City of South San Francisco – Wet-Weather Program Iⅈ City of Pacifica – Connemara Subdivision Development Project; City of Redwood City – Redwood City Recycled Water Project Conducted project inspection and monitor daily progress of work for the construction and installation of new 36” and 42” Sewer Force mainline and pump stations, pavement construction and

EXHIBIT A

2. ORGANIZATIONAL PROFILE AND QUALIFICATIONS

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

rehabilitation, oversee construction of retaining walls, sidewalks, curb and gutters, and ensure compliance of required BMP, SSWPP, and other environmental programs. 10/1994 – 08/2003 (CSG Consultants)
• MANAGER, Inspection and Scheduling – San Francisco Housing Authority Managed and supervised construction and maintenance of dwelling units for low housing program, provided design, plans, and cost estimates for Federal Budget funding. Also, provided responsible administrative, professional, and technical assistance to the Director of Central Services Department.

JANET DOWLING, P.E., OFFICE ENGINEER
Years of Experience
40 Education
B.S. Electrical Engineering, University of California, Berkeley Licenses and Registrations
Professional Engineer - Electrical: California, E11437 (Retired) Key Qualifications
Janet has over 40 years of experience in engineering, project management and construction management of roads, bridges, utilities, flood control, airports, buildings and other structures, signals and lighting, landscaping and streetscapes, and other public works infrastructure projects. Janet has extensive experience with public works contract administration and accounting. She has spent over twenty years administering construction projects for Contra Costa County for all public works and engineering services projects. She has extensive experience with local, state, federal and grant funded projects and is an expert with tracking projects costs and schedules.

Representative Experience
• Contra Costa County Public Works Department – Design and Construction, 2002 - 2022 Janet was the office engineer for all projects administer by County public works design and construction division. She managed submittals, RFIs, correspondences, project payments, certified payrolls, materials testing logs and all project files. She was involved with funding invoices and reimbursement and supported the resident engineers and construction managers with contract change orders, plan changes and revisions and all administrative aspects of construction. Janet supported the project from pre- construction through construction and project closeout.

Janet was involved with capital projects for roadways, bridges, creek restorations and airports. She was involved with developer projects for project administration and funding. Janet was also involved with encroachment permit projects for various cities within the County supporting the project teams from project startup through construction and closeout.

• ARES Corporation
Janet was a senior engineer involved with a variety of safety analysis and licensing projects in the areas of independent assessment and commitment review for the nuclear power industry.

• Cygna Energy Services
Janet was the lead engineer for design of electrical systems, safety evaluations, report preparation, independent assessment and commitment review for the nuclear power industry.

• Bechtel Power Corporation
Janet was an engineer for the development of electrical control systems for several nuclear power generating stations. She designed the layout of electrical raceway systems in fossil power plants.

EXHIBIT A

3. PROJECT APPROACH

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

PROJECT UNDERSTANDING
Having extensive experience working with local
agencies on residential neighborhoods
improvements projects and major arterial projects,
we at Park Engineering understand that a public
agency has to answer to not just elected officials,
oversight and permitting agencies, and third-party
funding sources, but also to the public and
residents. We understand the public relations
pressures on visible community improvements
projects and that public perception can make the
difference to the success of a project. Our resident
engineers and construction inspectors take active
roles in public outreach on projects and act in the
City’s best interest to manage, coordinate and
inspect the projects to successful completion.

The 2020-21 Street Resurfacing (Project A)
consists of removal and replacement of concrete
sidewalk, curb, gutter, curb ramps, driveways and
valley gutters; cold planning of asphalt roadway;
deep lift base repair; placement of Hot Mix
Asphalt (HMA) materials; lowering and adjustment
of utility covers to finish grade; removal and
replacement of traffic striping and pavement
markings; pruning and removal of tree roots and
installing root barriers; and support work of traffic
control, potholing, water pollution control
program and all other necessary work to complete
the work required in the contract documents.

The 2021-22 and 2022-23 Street Resurfacing
(Project B) consists of removal and replacement of
concrete sidewalk, curb, gutter, curb ramps,
driveways and valley gutters; removal and
reconstruction of asphalt concrete pavement;
asphalt concrete roadway grinding and Hot Mix
Asphalt (HMA) paving; full depth reclamation
(FDR); full depth base repair; lowering and
adjustment of utility covers to finish grade;
construction of drainage lets and reconstruction of
drainage inlet tops; re-setting survey monuments;
relocating signs, removal and replacement of
traffic striping and pavement markings; and
support work of traffic control, potholing, water
pollution control program and all other necessary
work to complete the work required in the
contract documents.

The 2020-21 Street Resurfacing (Project A) is
currently advertised with a bid opening date of
June 15, 2023. The project construction estimate
is $2.673M and is scheduled for 110 working days.

The 2021-22 and 2022-23 Street Resurfacing
(Project B) is currently advertised with a bid
opening date of May 2, 2023. The project
construction estimate is $2.697M and is scheduled
for 130 working days.

KEY ISSUES
Having reviewed the available contract documents
and based on past experience providing
construction management and materials testing
on similar projects, we have identified elements of
the work that are key to the success of this
project. They include, but are not limited to:

Public Outreach Coordination & Safety – The planned
concrete and paving improvements will impact the
normal patterns of the residents on the affected
streets, as well as the on-street parking, the traveling public, deliveries, and services. The project work is
grouped into several neighborhoods.

Project A: Hillside Ct., Blossom Ct., Higate Dr., San
Fernando Wy., Parkrose Ave., Cameo Ct., Lycett Cir.,
Stafford St. and Dennis Dr.

Project B: Edgemar St., Frankfort St., Lowell St., Mar
Vista Dr., Carter St., 87th St., Fernwood Ave.,
Montclair Ave., Baldwin Ave., Carleton Ave., Mayfield
Ave., Belcrest Ave., and Wembley Dr.

These projects will affect residents, businesses,
schools, and parks throughout Daly City. Since the
projects are spread out around Daly City, the benefit is that each zone will be isolated acting as a separate
project area. The problematic part is that public
interaction and outreach will be needed for multiple
areas simultaneously. The project work is similar at all the areas for each Project A and B and crews will need
to work in multiple locations at the same time
performing the similar work at each location.

Depending on the selected contractors, the resources
needed for each project may require that they tackle
two areas at a time, thereby prolonging the project for the full duration. This work will occur at multiple
neighborhoods impacting multiple adjacent streets as
well as the neighborhoods as a whole for the duration.

Work in the neighborhoods will require street
closures, partial and full, requiring advanced notice to residents for access, local activities, and street
parking.

EXHIBIT A

3. PROJECT APPROACH

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

Curb ramp reconstruction, and various locations of
sidewalk and valley gutter replacement, will require
interaction with residents and ensuring protection of
the adjacent private property, as well as potential
parking impacts. Pre-construction photos and videos
will be crucial for both the contractor and the City to document existing conditions of the residential
properties.

The roadway rehabilitation work – digout repairs,
grind and HMA overlay, full depth AC replacement
work and FDR work – will be a major impact to the
neighborhoods and will occur on multiple streets in
multiple neighborhoods simultaneously.

Strict adherence to approved traffic handling plans,
work schedules related to residential access and
improvements, no parking postings, and closely
monitoring pedestrian access will help keep the public
informed on what to expect and when it will occur.

Coordination and outreach to residents providing
accurate schedules for both the timeframe and
duration are a must. We will make sure that the
contractor provides updated accurate schedules
weekly and make sure to provide the information to
all of the residents. Use of social media like Facebook, Twitter, and Nextdoor as well as posting updates and
schedules to the City’s website will ensure that we
reach as many residents as possible to keep the
disruption to a minimum.

Tracking of Costs – Constant monitoring and reporting
of project costs to control bid quantity overruns that
can occur and for any change order work to prevent
escalated contract costs are critical to keep the project on budget. Potential item overruns for this project
include square foot amounts for concrete ramps and
sidewalks, various roadway grinding amounts, cement
tonnage for FDR, square yardage of FDR and the
overall tonnage of HMA for the project. Detailed field
estimates and weekly agreements with the contractor
will help provide accurate tracking of project costs.

Park Engineering Team will measure all of the
quantities and complete accurate quantity
calculations sheets. We will keep a running total
of quantities for each zone as well as a total for
the project for reporting and audit purposes.

Project Schedule – With project locations spread
throughout the City, identifying controlling
operations and pro-actively identifying potential
schedule impacts will be very important to
completing the project on time. Weekly
Statements of Working Days, Daily Inspection
Reports and
progress pictures
will be kept
current and
provided to the
City in a timely
manner to
benefit the
monitoring of
the project schedule. Weekly Construction
Progress Meetings will be held to help track,
monitor and verify all work performed. Any
slippage in project progress compared to the
Baseline schedule will be flagged and discussed
with recovery schedules detailed and
implemented. Contractor will be made aware of
the time sensitive activities like working next to
schools. We will enforce the contract required
timeline and work with the contractor to make
sure the project is completed on time.

Project Documentation and Administration – It is
critical that the project is administered using a
standard, recognized administration system that
meet the needs of the City.

We will use the standard Caltrans project filing and
accounting system based on the Caltrans Local
Assistance Manual and Caltrans Construction Manual
to ensure that all project information is kept in order for audits and transparency. Project filing and
accounting must meet standards with all supporting
documents for costs and materials quality,
summaries and reports for materials, labor
compliance, contractor payments, quantity
calculations and schedule. Park Engineering, Inc.
specializes in federal, state and grant funded projects and has successfully completed numerous Caltrans,
Local and FHWA audits. We know exactly what is
needed to pass an audit, complete and close-out
projects.

Quality of Work – Acceptance of only the best quality
work with strict adherence to the City’s quality
assurance program (QAP), City standards, performing
the required acceptance testing to verify quality of the

EXHIBIT A

3. PROJECT APPROACH

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

completed work, and documenting results for
compliance with local, state and federal requirements
ensures the funds utilized are well invested and the
improvements will last. Additionally, the required
Quality Control by the construction contractor specific to ADA compliance and all materials incorporated into
the work will be closely monitored, checked &
independently confirmed to ensure contract
compliance. Consideration to the impacts of the
traveling public, quality of the reconstruction work to meet requirements, and the related supporting
documentation will be a critical component of the
project’s success.

Project Appearance / Environmental Concerns /
Permits/ Water Pollution Control – A clean project
will promote a positive public perception, increase the project safety, and aid the effort to compliance with
Permits, Environmental and Water Pollution Control
requirements. Installing water pollution control
measures and maintaining it regularly is very
important to prevent violations to permits from
Regional Water Quality Control Board and eliminate
any potential impacts to the adjacent drainage
systems. Street sweeping for the grinding & paving
work will be a key practice to help avoid public
concerns/impacts. Additionally, weekly project
cleanup efforts will provide a safer environment for
the public and the project personnel.

WORK PLAN
Park Engineering will support the City by providing
construction management, inspection, and
materials testing services for both Project A and
Project B simultaneously. We will perform all the
duties required in the RFP.

Project Administration
• Schedule, conduct, and document the
project’s Pre-Construction Conference
with City Team Members, the Contractor,
the Designer and other supporting agency
personnel, as needed.
• Coordinate, conduct and summarize
weekly progress meetings with the
Contractor during construction.
• Maintain close contact with City Project
Manager for project status to ensure that
the City is kept up to date on all project
matters.
• Review contractor’s planned schedule for
conformance with the specifications and
for reasonableness of the sequence and
duration of the activities.
• Review work progress as compared to the
planned schedule and notify contractor of
schedule slippage.
• Photo documentation of project work and
the project site before, during & after
construction.
• Monitor and report on project budget and
construction status and provide any
necessary info needed for update reports.
• Act as the single point of contact for all
communications and coordination
between the
contractor,
utility
companies,
regulatory
agencies, local
businesses
and residents,
the designer,
and the City.
• Maintain all project records specific to
Contractor’s activities including schedule,
costs, correspondence, submittals and
documenting all daily activities. Each
project, Project A and Project B will have
electronic files accessible to the City
during and after the project. Project files
will be set up using Caltrans 14 Categories
on Dropbox and the filing system will be
shared with the City’s project manager for
instant access as needed.
• Prepare, monitor & distribute Weekly
Statements of Working Days to monitor
project schedule.
• Manage and coordinate with project
stakeholders, schools, residents, and any
necessary utility coordination for conflicts
or relocation work required.
• Assist with the review and approval of
contractor submittals required by the
construction contract plans and
specifications including traffic control
plans, Storm Water Pollution Control
Plans, and various mix designs.

EXHIBIT A

3. PROJECT APPROACH

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

• Support the management of submittals
from the contractor, tracking date
submitted, duration for review and
making sure that submittals are reviewed
and returned within the allotted time to
prevent any delays.
• Coordinate, manage and respond to
Requests for Information (RFI’s) submitted
by the contractor, including tracking RFI’s
sent to the designers and/or other
agencies for their timely response.
• Review contract documents to determine
validity of change orders and provide
support to the City.
• Evaluate contractor's change order
requests and claims and make
recommendations to the City based on
the merit and circumstances.
• Review and approve change orders with
the City’s concurrence.
• Review cost estimates and back up
documentation for any contract change
order work.
• Prepare independent cost estimates to
verify contractor’s cost proposals for
change orders.
• Negotiate and prepare any contract
change orders with justification
memorandums for the City’s approval.
• If change order prices cannot be agreed
upon with the contractor, perform work at
force account and track all labor
equipment and materials.
• Identify actual and potential problems
associated with the construction project
and recommend sound engineering
solutions to the City Project Manager.
• We will analyze, negotiate, provide
recommendation and supporting
information to resolve any outstanding
potential claims.
• We will support the City to fight and
resolve any outstanding issues, looking
out for the best interests of the City.
• Prepare supporting quantity calculations for
work performed, including any contract
change orders, and progress pay estimates
on a monthly basis.
• Review contractor’s invoices to verify
accuracy and “sign-off” on construction
progress pay estimates for City’s payment
approval.
• Review and approve extra work bills
verifying hours of labor, equipment and
materials and rates for labor, equipment
as well as costs for material.
• Include change order payments in monthly
progress payments and review. contractor’s
invoices to ensure accuracy.
• Assist with the review of contractor’s weekly
certified payroll for compliance with
prevailing wage requirements and conduct
any necessary labor compliance interviews
of Contractor’s field staff.
• Monitor contractor’s construction
activities for
conformance
with the
approved
Water
Pollution
Control Plan,
SWPPP and
NPDES General Permit requirements.
• Work with the contractor’s staff to
prepare and transition, official and
accurate construction record drawings.
• Conduct, review, and follow up on inspection
work to assure completion of the contract
including any punch list items of work.
• Perform final inspection of all work for
acceptance.

Quality Assurance, Inspection & Materials Testing
• Perform all field inspection activities to
monitor compliance with the contract
plans and specifications. Record all items
of work, labor, equipment, materials
incorporated, materials tested, traffic
control
utilized and
any other
pertinent
information
in a daily
diary for
permanent
record.

EXHIBIT A

3. PROJECT APPROACH

Construction Management and Construction Inspection/Support for 2020-2021 Street Resurfacing (Project A)
and 2021-22 and 2022-23 Street Resurfacing (Project B)

• Project photographs and video
documentation of project progress and
major work components will be done on a
weekly basis and kept for permanent
records to
support disputes
and verify quality
for acceptance.
• Maintain and
enforce safety
awareness for
the protection of
workers and
public.
• Review all necessary sampling and testing
of materials for the project, performed by
AME (Team testing) and the Contractor, in
accordance with the specifications and
ensure that all materials meet the
contract requirements.
• Make sure that the Contractor performs
necessary quality control sampling & testing
required and pair any QA testing for test
result comparisons.
• Review test data and materials certifications
submitted by the contractor and suppliers
for compliance with the contract
requirements.
• Schedule and coordinate acceptance and
quality assurance sampling and testing to be
performed by AME.
• We will review quality assurance testing as
required. Testing will be performed in the
frequencies required by the City’s Quality
Assurance Program (QAP) and any other
required State and Federal guidelines like
the Caltrans LAPM.
• Observe and document final testing &
acceptance of the utility work performed.
• Analyze records of materials used in the
project in accordance with ASTM and
California Standard Test Methods.

Public & Community Relations
• Ensure all public notifications are accurate
and delivered / posted in a timely manner
• Coordinate and communicate with
adjacent businesses and residents to
minimize impact and maintain a
neighborly reputation for the project.
• Coordinate with any property owners
directly impacted by the planned concrete
improvements.
• Lead any necessary utility agency
coordination for conflicts and/or
relocation needed.
• Assist in organization and execution of any
public outreach meetings and events.
• Assist with questions from the public
concerning the
project work
and schedule.
• Assist with any
social media
platforms for
notices and
responses to
questions.
• Address public
concerns on a
daily, weekly,
and monthly basis.

Post Construction
• Review/Assist with the preparation of all
required close-out documents, as
required, as submitted by the Contractor.
• Coordinate efforts with the Designer for the
conversion of the As-Built Drawings to the
Record Drawings for the project work.
• Finalize all bid item and change order totals
for the project’s Final Progress Payment.
• Maintain the construction contract
accounting, filing and administration in
accordance with City requirements and
provide files (electronically and/or paper
files) to the City upon project completion
& acceptance.
• Provide a list and details of any lessons
learned during construction specific to the
work performed for use on future City
projects.
• If requested, and necessary, provide
supporting information to dispute
construction claims and/or perform an as-
built schedule analysis.

EXHIBIT A

372 Village Square
Orinda, CA 94563
(925) 257.2508
PARK

ENGINEERING

EXHIBIT A

Regular
Rate
Overtime
Rate Pre-Con Construction Close-out
Project A - 2020-21 Street Resurfacing Project
Tricia Baxter, PE
Resident Engineer 219.03$ 219.03$ 4 220 16 240 0 52,567.40$ Rolando Calvo
Construction Inspector 154.75$ 232.13$ 4 880 4 888 20 142,060.55$ Janet Dowling
Office Engineer 142.85$ 214.27$ 4 125 4 133 0 18,998.54$ Direct Cost
Applied Materials & Engineering
Materials Testing 30,000.00$
243,626.49$

2. Based on 110 Working Days as stated in RFP for Project A

1. Rate includes vehicle, mobile phone, laptop and all equipment required to perform required duties Cost
PROJECT A TOTAL =
Total
Overtime
Hours
(Estimate - As Needed)
City of Daly City - Cost Proposal
Project A - 2020-21 Street Resurfacing Project
Name/Classification
Rates Hours
Total
Regular
Hours

EXHIBIT A

Project B - 2021-22 and 2022-23 Street Resurfacing Project Tricia Baxter, PE
Resident Engineer 219.03$ 219.03$ 4 260 16 280 0 61,328.64$ Chris Kinser
Construction Inspector 173.15$ 259.73$ 4 1040 4 1048 40 191,853.97$ Janet Dowling
Office Engineer 142.85$ 214.27$ 4 125 4 133 0 18,998.54$ Direct Cost
Applied Materials & Engineering
Materials Testing 30,000.00$
302,181.15$

2. Based on 130 Working Days ast stated in RFP for Project B.

1. Rate includes vehicle, mobile phone, laptop and all equipment required to perform required duties PROJECT B TOTAL =
(Estimate - As Needed)
City of Daly City - Cost Proposal
Project B - 2021-22 and 2022-23 Street ResurfacingProject

EXHIBIT A

City Council Meeting Agenda ReportItem # _____
Meeting Date: June 12, 2023
Subject: Requesting Use of City of Daly City Measure Q Funds to Pay Additional Pilot Program Costs for the Community Wellness and Crisis Response Team Clinician Recommended Action
Staff recommends Council approve the use of City of Daly City Measure Q funds to pay additional pilot program costs associated to the Community Wellness and Crisis Response Team Clinician.

Background
The Police Department is currently participating in a pilot program for a Community Wellness and Crisis Response Team (CWCRT) Clinician. This pilot program was created at the end of 2021 and became active with a clinician in May of 2022. A memorandum of understanding (MOU) was created with the participating agencies and the County of San Mateo, and Council approved the pilot program with anticipated costs at the meeting on January 25, 2021.

Discussion
The cost structure for the pilot program consisted of a 12.5% contribution from the four participating agencies for all associated clinician costs. The initial staff report brought before Council on January 25, 2021, overlooked the costs in the MOU associated to Stanford Universities, John W. Gardner Center, which is responsible for handling the research and analysis of the pilot program.

Additionally, the total clinician costs for the program in the initial request were underestimated in relation to the final MOU. Through discussion with the San Mateo County Behavioral Health and Recovery Services (BHRS), responsible for overseeing the program, we are forecasting the remaining fees for the pilot program to be approximately $40,000, as aligned with the MOU.

Fiscal Impact
Funding is available using City of Daly City Measure Q funds and is not expected to exceed $40,000 for this request.

Summary/Conclusion
Staff is available to provide any additional information requested by the Mayor or Councilmembers.

Respectfully submitted,
Cameron Christensen
Acting Chief of Police

City Council Agenda ReportItem # _____

Meeting Date: June 12, 2023
Subject: Authorize the City Manager to Execute a Professional Service Agreement for Design Services of the John Daly Boulevard/Skyline Boulevard Pedestrian Connection Project
Recommended Action
Staff recommends that the City Council authorize the City Manager to execute an agreement and any amendments, in an amount not to exceed $155,744, for professional services with BKF Engineers of Redwood City, California, to provide engineering design services for the John Daly Boulevard/Skyline Boulevard Pedestrian Connection Project.

Background
In September 2020, staff submitted an application for an infrastructure project under the Pedestrian and Bicycle Program for the John Daly Boulevard/Skyline Boulevard Pedestrian Connection. In January 2021, the San Mateo County Transportation Authority selected Daly City’s John Daly Boulevard/Skyline Boulevard Pedestrian Connection Project for grant funding in the full requested amount of $620,800.

On April 12, 2021, the City Council accepted and appropriated $620,800 in Measure A and W Grant Funds from the Pedestrian Bicycle Program Cycle 5 and appropriated $155,200 of unallocated Measure A funds for the local match for the John Daly Boulevard/Skyline Boulevard Pedestrian Connection Project.

Discussion
Staff released a Request for Proposals (RFP) for design services on April 7, 2023. Proposals were received from six firms on May 4, 2023 and a panel consisting of staff from the Public Works department evaluated the proposals on their technical merits. BKF Engineers ranked first and was recommended for the project based on their experience and qualifications.

BKF Engineers’ scope of work includes, preparing a topographic survey of existing site conditions, preparing a drainage analysis, coordinating with PG&E and designing a new sidewalk along John Daly Boulevard from the Westlake neighborhood to the intersection of John Daly Boulevard/Skyline Boulevard to improve access to Thornton State Beach. BKF Engineers will prepare construction plans, specifications and cost estimate, and provide support during bidding and construction of the project. The scope also includes topographic survey of existing site conditions at the intersection of John Daly Boulevard and Skyline Boulevard for the John Daly Boulevard/Skyline Boulevard Safety Improvements Project.

Authorize the City Manager to Execute a Professional Services Agreement for the John Daly Boulevard/Skyline Boulevard Pedestrian Connection Project Meeting Date: June 12, 2023

Fiscal Impact
The professional services agreement with BKF Engineers provides for a not-to-exceed amount of $155,744 for the design of the John Daly Boulevard/Skyline Boulevard Pedestrian Connection Project. The amount includes surveying, utility coordination, and design services.

Sufficient Funds are available in the FY 2022-23 Transportation Fund Project Accounts 17-312- 214 John Daly Boulevard/Skyline Boulevard Pedestrian Connection and 17-312-927 John Daly Boulevard/Skyline Boulevard Safety Improvements to fully fund this professional services contract.

Summary/Conclusion
Staff recommends that the City Council authorize the City Manager to execute an agreement and any amendments, in an amount not to exceed $155,744, for professional services with BKF Engineers of Redwood City, California, to provide engineering design services for the John Daly Boulevard/Skyline Boulevard Pedestrian Connection Project.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Erick Reyes Richard Chiu, Jr.

Engineer I Director of Public Works
Attachments: Project Location Map
BKF Engineers Professional Services Agreement

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AGREEMENT WITH BKF ENGINEERS

FOR DESIGN PROFESSIONAL SERVICES
FOR
City of Daly City

This Agreement, made and entered into this ____ day of __________, 2023 (the “Effective Date”) by and between the CITY OF DALY CITY, a municipal corporation existing under the laws of the State of California (”CITY"), and BKF Engineers, a California S-Corporation ("CONSULTANT"):

BKF Engineers
255 Shoreline Drive, Suite 200
Redwood City, CA 94065

R E C I T A L S :

A. CITY desires certain construction document services hereinafter described as the design services for the John Daly Boulevard/Skyline Boulevard Pedestrian Connection Project.

B. CITY desires to engage CONSULTANT to provide these consulting services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES

The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, the proposal from BKF Engineers dated May 4, 2023 and revised on May 24, 2023, attached and incorporated by reference.

SECTION 2 - DUTIES OF CONSULTANT

CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

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SECTION 3 - DUTIES OF CITY

CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT'S work.

SECTION 4 - TERM

The services to be performed under this Agreement shall commence on the Effective Date and be completed within one (1) year.

SECTION 5 - PAYMENT

Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT, on a time and materials basis, pursuant to rates stated in Exhibit A to this Agreement, attached and incorporated by reference. In no event shall CONSULTANT’s total compensation under this Agreement exceed one hundred fifty-five thousand seven hundred forty-four dollars ($155,744).

SECTION 6 – TERMINATION

Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

Upon termination and upon CITY'S payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.

SECTION 7 - OWNERSHIP OF DOCUMENTS

All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.

SECTION 8 - INDEPENDENT CONTRACTOR

It is understood that Consultant, in the performance of the work and services agreed to be performed, shall act as and be an independent contractor and shall not act as an agent or employee of the City. Consultant shall obtain no rights to retirement benefits or other benefits which accrue to City's employees, and Consultant hereby expressly waives any claim it may have to any such rights.

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SECTION 9 - CONFIDENTIALITY

All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.

SECTION 10 - INTEREST OF CONSULTANT

CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

SECTION 11 – USE OF SUBCONSULTANTS

CONSULTANT shall not subcontract any services to be performed by it under this Agreement without the prior written approval of the CITY, except for service firms engaged in drawing, reproduction, typing, and printing. CONSULTANT shall be solely responsible for reimbursing any subconsultants and the CITY shall have no obligation to them.

SECTION 12 - CONSULTANT'S STATUS

It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 13 – SB 1383 COMPLIANCE

To the extent applicable, CONSULTANT shall comply with the requirements set forth in SB 1383 and Public Contracts Code Section 22150 for the procurement of recycled paper products.

To the extent that the fitness and quality are equal, CONSULTANT shall purchase recycled products, as defined in Public Contracts Code Section 12200 instead of nonrecycled products.

Upon completion of the term of this Contract, CONSULTANT shall provide records to the CITY demonstrating compliance with this section, including copies of all invoices, receipts, or other proofs of purchase that detail the procurement of paper products.

SECTION 14 - INDEMNITY

To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), Consultant and Consultant’s sureties agree to defend (with legal counsel acceptable to the City), indemnify and hold harmless the City, its officers, agents, officials, representatives, employees and volunteers (collectively “Indemnitees”) from and

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against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including, without limitation, incidental and consequential damages, court costs, reasonable attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation), that arise out of, pertain to, or relate to, directly or indirectly, in whole or in part, the negligence, recklessness, or willful misconduct of Consultant, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are arise out of the sole negligence, active negligence, or willful misconduct of Indemnitee.

Acceptance by the City of the work performed under this Agreement does not operate as a release of Consultant from such professional responsibility for the work performed pursuant to this Agreement.

The duty of Consultant and its sureties to indemnify and hold harmless as set forth above, shall include the duty to defend as set forth in Section 2778 of the California Civil Code, provided, however, that nothing herein shall be construed to require the Consultant to indemnify the City, its subsidiary districts, its officers, agents or employees against any responsibility for liability in contravention of Section 2782 of the California Civil Code. To the extent there is an obligation to indemnify under this Section, Consultant shall be responsible for incidental and consequential damages resulting directly or indirectly, in whole or in part, from Consultant’s negligence, recklessness, or willful misconduct.

Consultant and its sureties expressly and specifically agree to waive any and all subrogation rights it may have against the City, its subsidiary districts, officers or employees.

Indemnification and waiver of subrogation contained in this section shall remain operative and in full force and effect regardless of any termination of this Agreement.

Under the above indemnification and defense obligations, Consultant shall not be required to provide the upfront defense of any of the indemnified parties with respect to claims alleging Consultant’s Professional Liability. For such clams, each party shall provide its own upfront defense and, after a determination of the Consultant’s fault, Consultant will reimburse the indemnified party for the indemnified party’s reasonable costs of defense, based on Consultant’s comparative fault. Consistent with State of California Civil Code Section 2782.8, in no event shall the costs, fees, and expenses charged to the Consultant exceed the Consultant’s proportionate percentage of fault.

SECTION 15 - INSURANCE

CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONSULTANT, his agents, representatives, employees or subcontractors.

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MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products-completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate
If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except

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after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract Effective Date, the CONSULTANT must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

SECTION 16 - NONASSIGNABILITY

Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior

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written consent of CITY.

SECTION 17 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT

It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.

SECTION 18 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 19 – SEVERABILITY

If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

SECTION 20 - COSTS AND ATTORNEY FEES

Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 21 - NON-DISCRIMINATION

CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subconsultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair

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Employment and Housing Act.

SECTION 22 - MEDIATION

Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 23 - LITIGATION

CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT'S services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT'S wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT'S standard hourly rates at the time of actual testimony.

SECTION 24 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: City Engineer
City of Daly City
Public Works – Engineering Division
333 90 th Street
Daly City, CA 94015

To CONSULTANT: Brian Scott
BKF Engineers
255 Shoreline Drive, Suite 200
Redwood City, CA 94065

SECTION 25 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

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This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 26 – AUTHORITY TO ENTER INTO AGREEMENT

CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

SECTION 27 - GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.

IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF DALY CITY CONSULTANT

BKF Engineers

_______________________________ _________________________________ Thomas J. Piccolotti Brian Scott
City Manager Principal/Vice President

APPROVED AS TO FORM

_______________________________
Rose Zimmerman
City Attorney

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EXHIBIT A – SCOPE OF SERVICES

John Daly Boulevard/Skyline Boulevard
Pedestrian Connection Project BKF ENGINEERS
SCOPE

SCOPE OF SERVICES

The Consultant shall perform the following professional services described in this section.

PART I. PROJECT MANAGEMENT AND COORDINATION
The Consultant shall produce a schedule of work and conduct periodic meetings (phone conference and coordination meetings) with the City to discuss progress. The project schedule shall include each task, subtask, milestone, submittal and meeting based on the Estimated Project Schedule listed in Section III-D.

Deliverables:
• Meeting minutes
• Project Schedule – updated monthly
• Progress report with invoice

PART II. EXISTING CONDITIONS AND TOPOGRAPHIC SURVEYS

The Consultant shall review the existing conditions of the project location and prepare a detailed survey incorporating existing site conditions, all storm drain facilities, and all above ground utility structures within the project area, including but not limited to: flow line, top of curb, pavement, vegetated area (10 feet out from the edge of pavement/top of curb), embankment top and toe of slope, pedestrian pass-through island surface (5 feet out from the island’s top of curb), pedestrian pass-through top of curb, pedestrian pass-through flow line, lane striping, edge line striping, and crosswalk striping. Identify and provide elevation of all visible surface features in the vegetated area, street, and sidewalk such as trees, traffic signal poles, street light poles, traffic signs, street signs, traffic signal controllers, catch basins (front and back), pull boxes, utility boxes, vaults, manholes, monuments, valve covers, meters, waste receptacles, etc.

Underground utility locating is not included, and can be provided as an additional service, if requested.

The topographic survey will include the entire curb -to-curb width of John Daly Boulevard (between Eastgate Drive and Skyline Boulevard) and the intersection of John Daly Boulevard and Skyline Boulevard.

The Consultant will be responsible for securing the required Caltrans encroachment to conduct the topographic survey within Caltrans right-of-way.

Accurately plot the size and the orientation of all surface features including manholes, utility vaults, pull boxes, and street light/traffic signal bases. Identify the utility provider at utility boxes and vaults. Include topographic contours that are representative of the project area. Topographic survey with 3D points (northing, easting, elevation, and description) in electronic AutoCAD files compatible with AutoCAD Civil 3D 2022 shall be provided.

John Daly Boulevard/Skyline Boulevard
Pedestrian Connection Project BKF ENGINEERS
ii
SCOPE

Deliverables:
• Topographic survey of the project area along the John Daly Boulevard between Eastgate Drive and Skyline Boulevard, as indicated in Appendix A (provide as a separate cost)
• Topographic survey of the intersection at John Daly Boulevard/Skyline Boulevard, as indicated in Appendix A (provide as a separate cost)

PART III. DRAINAGE ANALYSIS

The Consultant shall review existing storm drain conditions, utility maps, and City standards. The Consultant shall analyze the impacts of the proposed sidewalk extension on drainage patterns and ensure positive drainage is occurring. The Consultant shall prepare hydraulic calculations to support any necessary modification of existing catch basin(s) and/or drainage system.

Drainage areas will be delineated using LIDAR to each catch basin in the post-project conditions.

Hydrologic properties of each drainage will be developed including percent imperviousness, time of concentrations, and routing. For budgeting purposes, it is assumed NRCS hydrologic methodology will be used, consistent with the Master Plan and the County’s drainage manual. Curve numbers (CN) will be defined for each drainage area based on the hydrologic soil type and surface cover.

Hyetographs already developed for the Master Plan will be used to calculate the 10-, 25-, and 100- year storm event hydrographs for each drainage area. HEC-22 calculations will be performed for the 10-year storm to determine the required geometry for CB#1 (anticipated to be replaced) and to confirm CB#2 is sufficient or if additional catch basins are required. Next, the increase in flow to the 15-inch pipe downstream of the CB#1 connection point in the 10-, 25-, and 100-year storms will be determined and whether the existing pipe should be further evaluated for pipe upsize as part of a separate project. Findings will be documented in a drainage analysis technical memorandum. It is anticipated the City will review the memorandum and provide comments. The memorandum and drainage analysis technical memorandum will be revised and resubmitted for City records.

Deliverables:
• Drainage analysis along north side of John Daly Boulevard between Eastgate Drive and Skyline Boulevard

PART IV. PG&E COORDINATION

The Consultant shall coordinate with PG&E to prepare an electrical service application and all required electrical calculations for the new pedestrian -scale street lights. The City will be responsible for submitting the electrical service application to PG&E and any engineering fees associated with the application.

Deliverables:
• PG&E Electrical Service Application

John Daly Boulevard/Skyline Boulevard
Pedestrian Connection Project BKF ENGINEERS
iii
SCOPE

PART V. CONSTRUCTION DOCUMENTS AND CONSTRUCTION SUPPORT

A. Prepare Final Construction Documents (Bid Package)
The Consultant is responsible for the preparation of a bid package to construct the project improvements including but not limited to new sidewalk, pedestrian-scale street lights, new service point and curb ramp. City standard details and technical specifications shall be referenced wherever reasonable. The City’s technical specifications shall be reviewed by the design team and amended where necessary for the deliver y of a successful project. The Consultant shall also provide technical specification sections for work not included in the City’s standard specifications.

The Consultant shall allow for three construction document submittals (65%, 95% and 100%).

Each following round of submittals shall incorporate comments from City staff from each previous round. Each submittal shall include plans, details, technical specifications, cost estimate and a written response to comments. The final bid package shall incorpor ate all previous review comments, including comments from PG&E, technical requirements, minimum contractor qualifications (if applicable), and City requirements.

Technical specifications shall be written in the CSI MasterFormat 1995 edition consistent with the City of Daly City standard contract book. Specification language and requirements shall be consistent with Caltrans standard specifications, latest edition. The City will provide standard “front-end” specifications for consultant’s use.

Schedule of bid items shall address all items of work as specifically as possible and shall indicate as precisely as possible quantities. Provisions for alternate items should also be included as needed to keep the project within budget and as directed by the City.

A cost estimate in the format of the schedule of bid items shall be provided.

As part of the construction document preparation, specific design and additional documents may or may not be prepared:
- Sight distance study. A sight distance study will be prepared to evaluate the impacts of the vertical curve and the need for vegetation removal or tree pruning. - Tree evaluations. It is assumed the City will provide arborist evaluation of the trees.

Replacement of trees is not included in this scope.
- Retaining w alls. Any walls included in the design will be short enough to not require geotechnical recommendations or structural design and be a Caltrans or manufacturer’s standard design.
- Caltrans encroachment permit (EP). The consultant will prepare an encroachment permit application with the 95% plans. Comments from Caltrans would be incorporated into the 100% PS&E. The Caltrans Certificate of Compliance with ADA form TR -0405 will be included with the EP. Other documentation that may be requested by Caltrans c an be provided as an additional service.

John Daly Boulevard/Skyline Boulevard
Pedestrian Connection Project BKF ENGINEERS
iv
SCOPE

- Stormwater treatment. Stormwater treatment design and documenting compliance with the Municipal Regional Permit 3.0 is not included in this scope. This can be provided as an additional service.

Interim submittals can be made electronically in PDF. The final 100% plans shall be signed.

Deliverables:
• 65% PS&E
• 95% PS&E and response to comments to the 65% submittal • 100% PS&E and response to comments to the 95% submittal (signed electronic copy)

B. Bid Support Services
The Consultant shall be available and respond to questions concerning the plans, specifications and estimates prior to bid opening and prepare contract addenda, if needed.

C. Construction Support Services
The Consultant will provide support services to the City during construction of the project. At a minimum, these services are anticipated to include attendance at the pre-construction conference, reviewing Contractor submittals and responding to Contractor requests for information, providing recommendations for any necessary construction changes due to unforeseen field conditions, assisting with the review of Contract Change Orders, reviewing construction for acceptance and preparing project as-builts.

Deliverables:
• Response to Request for Information from contractor
• Modification or revisions that are related to the project original scope and character
• Contract change orders, if necessary
• Preparation of record drawings

John Daly Boulevard/Skyline Boulevard
Pedestrian Connection Project BKF ENGINEERS
FEE
@ $288 @ $260 @ $247 @ $186 @ $348
Task Description hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s hrs $'s 1 Project Management
Bi-Weekly Meetings, Agendas,
Minutes
$0 8 $2,080 12 $2,964 4 $744 $0 24 $5,788
Progress Reports and Schedule $0 8 $2,080 6 $1,482 $0 $0 14 $3,562 Subtotals 0 $0 16 $4,160 18 $4,446 4 $744 0 $0 38 $9,350 2 Topographic Survey
Full Width John Daly $0 4 $1,040 8 $1,976 40 $7,440 32 $11,136 84 $21,592 John Daly / Skyline Intersection $0 2 $520 2 $494 16 $2,976 8 $2,784 28 $6,774 Subtotals 0 $0 6 $1,560 10 $2,470 56 $10,416 40 $13,920 112 $28,366 3 Drainage Analysis
Drainage Analysis $0 1 $260 16 $3,952 40 $7,440 $0 57 $11,652 Subtotals 0 $0 1 $260 16 $3,952 40 $7,440 0 $0 57 $11,652 4 PG&E Coordination
PG&E Coordination & Service App $0 2 $520 16 $3,952 16 $2,976 $0 34 $7,448 Subtotals 0 $0 2 $520 16 $3,952 16 $2,976 0 $0 34 $7,448 5 Construction Documents & Const Support

5.1 - 65% PS&E 4 $1,152 4 $1,040 24 $5,928 100 $18,600 $0 132 $26,720

5.2 - 95% PS&E 4 $1,152 6 $1,560 24 $5,928 120 $22,320 $0 154 $30,960

5.3 - Caltrans Encroachment Permit $0 2 $520 8 $1,976 24 $4,464 $0 34 $6,960

5.4 - 100% PS&E 2 $576 4 $1,040 16 $3,952 80 $14,880 $0 102 $20,448

5.5 - Bid Support $0 2 $520 4 $988 8 $1,488 $0 14 $2,996

5.6 - Construction Support 2 $576 4 $1,040 12 $2,964 24 $4,464 $0 42 $9,044 Subtotals 12 $3,456 22 $5,720 88 $21,736 356 $66,216 0 $0 478 $97,128 Reimbursable Expenses $1,800
TOTALS 12 $3,456 47 $12,220 148 $36,556 472 $87,792 40 $13,920 719 $155,744 BKF Engineers' Personnel and Rates
Project Engineer
Notes: Titles and hours are estimates. We expect to provide resources as needed while the project develops. Office survey staff hours may be interchangable with engineering staff hours.

BKF Fees
Principal Project Manager Associate Survey Crew

JOHN DALY BOULEVARD / SKYLINE BOULEVARDIMPROVEMENT PROJECT

CALTRANS RIGHT-OF-WAY

APPENDIX ACONCEPT PLAN

HIGH VISIBILITY CROSSWALKNEW SIDEWALKEXISTING SAMTRANS BUS STOPNEW ADA CURB RAMPNEW PEDESTRIAN-SCALE STREETLIGHTYIELD LINEAPPROXIMATE LIMIT OF SURVEY

City Council Agenda ReportItem # _____
Meeting Date: June 12, 2023
Subject: Authorize the City Manager to Execute a Professional Services Agreement for the Mussel Rock Upper Disposal Area Phase 3 and Phase 4 Geologic and Geotechnical Services – Subsurface Investigation, and Alternatives Study Recommended Action
Staff recommends that the City Council authorize the City Manager to execute an agreement and any amendments, in an amount not to exceed $512,892.75, for professional services with Cotton, Shires and Associate Inc., of Los Gatos, California to provide geologic and geotechnical design services for the Mussel Rock Upper Disposal Area Phase 3 and Phase 4 Geologic and Geotechnical Services – Subsurface Investigation, and Alternatives Study.

Background
The Mussel Rock Landfill is a closed landfill in Daly City located adjacent to the Pacific Ocean near Westline Drive. It contains over a million cubic yards of waste and is subject to continuous land movement and erosion. The site contains two, large landfill areas, more formally known as the Lower Disposal Area (LDA) within the middle and southern areas of the site, and the Upper Disposal Area (UDA) located in the northern portion of the site.

In mid-January 2022, City staff observed that material from the highest point of the bluffs that approached the UDA had slid down the embankment and exposed solid waste contents near the approximate limits of the UDA.

On March 29, 2022, the City Manager executed an agreement with Cotton, Shires, and Associates to provide geologic and geotechnical services in order to characterize the properties of the landslide, formulate and document conclusions regarding the causation of the active landslide, and develop conceptual mitigation alternatives and recommendations for a future subsurface exploration program.

Discussion
Due to the exposed waste and continued landslide activity from recent storms on the North Bluff area of Mussel Rock, additional investigation into geologic and geotechnical characteristics of the landslide are needed as well as further study of the mitigation alternatives. This additional work provided by Cotton, Shires, and Associates Inc (CSA) will characterize the subsurface conditions along the contact limits of the UDA, identify and evaluate geologic and geotechnical hazards impacting the UDA, develop shear strength parameters of the various subsurface materials encountered in the UDA, and develop design criteria for the landslide stabilization alternatives discussed in the initial phases of the geotechnical study. CSA will evaluate the data gathered to study the benefits and drawbacks of each of the mitigation alternatives and identify their recommended alternative. Following the alternative recommendation, CSA will prepare

Authorize the City Manager to Execute a Professional Services Agreement for the Mussel Rock Upper Disposal Area Phase 3 and Phase 4 Geologic and Geotechnical Services – Subsurface Investigation, and Alternatives Study.

Meeting Date: June 12, 2023

presentations and meet with the regulatory agencies involved in Mussel Rock to review the selected alternatives and respond to any comments that arise. A final report will be prepared, summarizing the findings and include the benefits and drawbacks for each mitigation alternative studied as well as explain how the recommended alternative was chosen.

Fiscal Impact
The total estimated cost for the agreement with Cotton, Shires, and Associates Inc provides for a total not-to-exceed amount of $512,892.75. An additional $52,107.25 (10%) is needed for city staff time for a total cost of $565,000.00.

Sufficient funds are available in the Mussel Rock Waste Mitigation project account 31-310-546 for this professional services contract.

Summary/Conclusion
Staff recommends that the City Council authorize the City Manager to execute an agreement and any amendments, in an amount not to exceed $512,892.75, for professional services with Cotton, Shires and Associate Inc., of Los Gatos, California to provide geologic and geotechnical design services for the Mussel Rock Upper Disposal Area Phase 3 and Phase 4 Geologic and Geotechnical Services – Subsurface Investigation, and Alternatives Study.

Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Michael Burnfield Richard Chiu Jr.

Engineer 1 Director of Public Works
Attachment:

1. Cotton, Shires, and Associates Inc. Professional Services Agreement

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FOR DESIGN PROFESSIONAL SERVICES
FOR
City of Daly City

This Agreement, made and entered into this ____ day of __________, 2023 (the “Effective Date”) by and between the CITY OF DALY CITY , a municipal corporation existing under the laws of the State of California (”CITY"), and Cotto n, Shires and Associates, Inc., a California S- Corporation ("CONSULTANT"):

Cotton, Shires and Associates Inc.
330 Village Lane, Los Gatos, CA 95030

R E C I T A L S :

A. CITY desires certain construction document serv ices hereinafter described as the design services for Mussel Rock Phase 3 and Phase 4 Geologic and Geotechnical Services.

B. CITY desires to engage CONSULTANT to provide th ese consulting services by reason of its qualifications and experience for per forming such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES

The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, the proposal from C otton, Shires, and Associates Inc. dated May 2, 2023 attached and incorporated by reference.

SECTION 2 - DUTIES OF CONSULTANT

CONSULTANT shall be responsible for the professiona l quality, technical accuracy and coordination of all work furnished by CONSULTANT un der this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONSULTANT represents that it is qualified to furni sh the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

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CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONSULTAN T and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT'S work.

SECTION 4 - TERM

The services to be performed under this Agreement shall commence on the Effective Date and be completed within one (1) year.

SECTION 5 - PAYMENT

Payment shall be made by CITY only for services ren dered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT, on a time and materials basis, pursuant to rates stated in Exhibit A to this Agreement, attached and incorporated by reference. In no event shall CONSU LTANT’s total compensation under this Agreement exceed five hundred twelve thousand eight hundred ninety-two dollars and seventy- five cents ($512,892.75).

SECTION 6 – TERMINATION

Without limitation to such rights or remedies as CI TY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspe nd work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

Upon termination and upon CITY'S payment of the amo unt required to be paid, documents become the property of CITY, and CONSULTANT shall t ransfer them to CITY upon request without additional compensation.

SECTION 7 - OWNERSHIP OF DOCUMENTS

All documents prepared by CONSULTANT in the perform ance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.

SECTION 8 - INDEPENDENT CONTRACTOR

It is understood that Consultant, in the performanc e of the work and services agreed to be performed, shall act as and be an independent contr actor and shall not act as an agent or employee of the City. Consultant shall obtain no r ights to retirement benefits or other benefits which accrue to City's employees, and Consultant he reby expressly waives any claim it may

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SECTION 9 - CONFIDENTIALITY

All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by C ITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.

SECTION 10 - INTEREST OF CONSULTANT

CONSULTANT covenants that it presently has no inter est, and shall not acquire any interest, direct or indirect, financial or otherwise, which w ould conflict in any manner or degree with the performance of the services under this Agreement.

SECTION 11 – USE OF SUBCONSULTANTS

CONSULTANT shall not subcontract any services to be performed by it under this Agreement without the prior written approval of the CITY, exc ept for service firms engaged in drawing, reproduction, typing, and printing. CONSULTANT sha ll be solely responsible for reimbursing any subconsultants and the CITY shall have no obligation to them.

SECTION 12 - CONSULTANT'S STATUS

It is expressly agreed that in the performance of t he professional services required under this Agreement, CONSULTANT shall at all times be conside red an independent CONSULTANT as defined in Labor Code Section 3353, under control o f the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 13 – SB 1383 COMPLIANCE

To the extent applicable, CONSULTANT shall comply with the requirements set forth in SB 1383 and Public Contracts Code Section 22150 for the procurement of recycled paper products.

To the extent that the fitness and quality are equal, CONSULTANT shall purchase recycled products, as defined in Public Contracts Code Section 12200 instead of nonrecycled products.

Upon completion of the term of this Contract, CONSULTANT shall provide records to the CITY demonstrating compliance with this section, including copies of all invoices, receipts, or other proofs of purchase that detail the procurement of paper products.

SECTION 14 - INDEMNITY

To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.6), Consultant and Consultan t’s sureties agree to defend (with legal counsel acceptable to the City), indemnify and hold harmless the City, its officers, agents,

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Acceptance by the City of the work performed under this Agreement does not operate as a release of Consultant from such professional resp onsibility for the work performed pursuant to this Agreement.

The duty of Consultant and its sureties to indemni fy and hold harmless as set forth above, shall include the duty to defend as set forth in Se ction 2778 of the California Civil Code, provided, however, that nothing herein shall be con strued to require the Consultant to indemnify the City, its subsidiary districts, its officers, a gents or employees against any responsibility for liability in contravention of Section 2782 of the C alifornia Civil Code. To the extent there is an obligation to indemnify under this Section, Consult ant shall be responsible for incidental and consequential damages resulting directly or indirec tly, in whole or in part, from Consultant’s negligence, recklessness, or willful misconduct.

Consultant and its sureties expressly and specific ally agree to waive any and all subrogation rights it may have against the City, it s subsidiary districts, officers or employees.

Indemnification and waiver of subrogation contained in this section shall remain operative and in full force and effect regardless of any termination of this Agreement.

SECTION 15 - INSURANCE

CONSULTANT shall procure and maintain for the durat ion of the contract and three years thereafter (five years for building or major improv ements) insurance against claims for injuries to persons or damages to property which may arise f rom or in connection with the performance of the work hereunder and the results of that work by the CONSULTANT, his agents, representatives, employees or subcontractors.

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL) : Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, inc luding products-completed operations, personal & advertising injury, with lim its no less than $2,000,000 per occurrence. If a general aggregate limit applies, e ither the general aggregate limit shall

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2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1) , or if CONSULTANT has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statut ory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate
If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any ri ght to subrogation which any insurer of said CONSULTANT may acquire against the City by vir tue of the payment of any loss under such insurance. CONSULTANT agrees to obtain any en dorsement that may be necessary to

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Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers

Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown, and must be bef ore the date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insura nce must be provided for at least five (5) years after completion of the contract of work.

3. If coverage is canceled or non-renewed, and not rep laced with another claims-made policy form with a Retroactive Date prior to the contract Effective Date, the CONSULTANT must purchase “extended reporting” cover age for a minimum of five (5) years after completion of work.

Verification of Coverage
CONSULTANT shall furnish the City with original cer tificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received an d approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to prov ide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

SECTION 16 - NONASSIGNABILITY

Both parties hereto recognize that this Agreement i s for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontract ed by CONSULTANT without the prior written consent of CITY.

SECTION 17 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT

It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to pe rform the work agreed to be done under this

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SECTION 18 - WAIVERS

The waiver by either party of any breach or violati on of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ord inance or law or of any subsequent breach or violation of the same or of any other term, conditi on, ordinance, or law. The subsequent acceptance by either party of any fee or other mone y which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 19 – SEVERABILITY

If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

SECTION 20 - COSTS AND ATTORNEY FEES

Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of a ttorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardles s of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that n either party shall have to pay the other more than $5000 for attorney fees arising out of an action, o r actions to enforce the provisions of this Agreement.

SECTION 21 - NON-DISCRIMINATION

CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment o pportunity. Neither CONSULTANT nor any of its subconsultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap , medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualific ation pursuant to the California Fair Employment and Housing Act.

SECTION 22 - MEDIATION

Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation wit hin 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absen ce of an agreement, the parties shall each

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The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to f ile a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the media tor, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 23 - LITIGATION

CONSULTANT shall testify at CITY'S request if litig ation is brought against CITY in connection with CONSULTANT'S services under this Ag reement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT'S wrongd oing, CITY shall compensate CONSULTANT for preparation for testimony, testimony , and travel at CONSULTANT'S standard hourly rates at the time of actual testimony.

SECTION 24 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Michael Burnfield
City of Daly City Public Works Engineering Divis ion
333 90
th Street
Daly City, CA 94015

To CONSULTANT: Andrew T. Mead
Cotton, Shires and Associates, Inc.
330 Village Lane
Los Gatos, CA 95030

SECTION 25 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, r epresentations, and agreements, either written or oral.

This document may be amended only by written instru ment, signed by both CITY and

Northern California Office  Central California Office  Southern California Office 330 Village Lane  6417 Dogtown Road  699 Hampshire Road, Suite 101 Los Gatos, CA 95030‐7218  San Andreas, CA 95249‐9640  Thousand Oaks, CA 91361‐2352 (408) 354‐5542 • Fax (408) 354‐1852  (209) 736‐4252 • Fax (209) 736‐1212  (805) 370‐8710

www.cottonshires.com

COTTON, SHIRES AND ASSOCIATES, INC.

CONSULTING ENGINEERS AND GEOLOGISTS
December 9, 2022, Revised March 31, 2023, May 2, 2023
E6192A
By Email ([email protected])
Mr. Mike Burnfield
Engineer 1
CITY OF DALY CITY
333 90th Street
Daly City, California 94015‐1895

SUBJECT:  Proposal for Phase 3 and Phase 4 Geologic and Geotechnical Services ‐ Subsurface Investigation, and Alternatives Study
RE:   Upper Disposal Area Landslide
Mussel Rock Landfill
Daly City, California

Dear Mr. Burnfield:

Cotton, Shires and Associates, Inc. (CSA) is pleased to provide the City of Daly City (the City) with this proposal for geologic and geotechnical services.  We understand that an active landslide is encroaching into the footprint of the upper disposal area at the Mussel  Rock  Landfill,  exposing  the  buried  refuse.   We  previously  identified  four conceptual  mitigation  alternatives  to  mitigate  the  encroaching  landslide  including  the following: 1) Rip Rap Armoring and Buttress; 2) Sea Wall Armoring; 3) Shear Pin Wall; and 4) Limited Debris Removal and Grading.

We understand that the City would like CSA to complete Phase 3 ‐ a geologic and geotechnical  investigation  of  the  active  landslide  affecting  the  Upper  Disposal  Area (UDA) in order to: 1) characterize the subsurface conditions along the contact between the eastern most limits of the landslide and the western limits of the UDA; 2) identify and evaluate geologic and geotechnical hazards impacting the UDA; 3) develop shear strength parameters  of  the  various  subsurface  materials  encountered;  and  4)  develop  design criteria for landslide stabilization.

We  further  understand  that  the  City  would  like  CSA  to  complete  Phase  4  –  an alternatives study to evaluate the following: 1) evaluate previously identified alternatives given the completed subsurface investigation; and 2) identify our recommendation for a landslide mitigation.

Mike Burnfield  December 9, 2022, Revised March 31, 2023, May 2, 2023

COTTON, SHIRES AND ASSOCIATES, INC.

We propose the following Scope of Work, Schedule, and Fee to perform the above described geologic and geotechnical investigation and study.

SCOPE OF WORK

PHASE 3 –   Geologic and Geotechnical Investigation

I. Coordinating and Permitting Subsurface Investigation

A. CSA Coordination – CSA will coordinate with an all‐terrain drill rig to drill along the eastern (upslope) extent of the active landslide.

B. Regulatory  Agency  Permitting ‐   CSA  will  support  Tetra  Tech’s permit applications efforts from all regulatory agencies.

II.  Subsurface Investigation and Instrumentation

A. Subsurface  Investigation ‐   Approximately  ten  small‐diameter exploratory  boreholes  will  be  drilled  and  logged  to  aid  in  our interpretation  of  subsurface  conditions.  Borings  will  be  drilled  to depths of approximately 60 to 100 feet at the locations shown on the attached Proposed Boring Location Map. We understand that the City is considering a limited grading operation to lay‐back the UDA slopes adjacent  to  the  active  landslide;  consequently,  the  proposed  boring locations shown on the attached map may be altered based on the site conditions  at  the  time  of  drilling.  Samples  will  be  taken  at approximate  5‐foot  intervals  for  logging  and  subsequent  laboratory testing.   Holes  will  be  backfilled  with  grout  in  accordance  with  the requirements  of  San  Mateo  County  Environmental  Health.  The drilling  procedure  for  borings  located  within  the  UDA  will  include monitoring the landfill gases with a calibrated 5‐gas meter. Spoils for borings drilled within the UDA will be drummed and left onsite for disposal by the City.

B. Instrumentation  Installation ‐   CSA  will  install  3.34‐inch  diameter inclinometer casing in the four small‐diameter borings located within the active landslide. In addition, CSA will install two vibrating wire piezometers  in  each  of  the  four  borings  located  within  the  active landslide, one sensor will be located above the interpreted base of the landslide and one sensor below the interpreted base of the landslide.

CSA will also install one vibrating wire piezometer each in three of the

Mike Burnfield  December 9, 2022, Revised March 31, 2023, May 2, 2023

COTTON, SHIRES AND ASSOCIATES, INC.

six borings drilled outside of the active landslide.   Borings receiving inclinometer or piezometers will be capped with a well cover and data loggers will be installed to record piezometer readings at a determined interval.

C. Instrumentation Monitoring – CSA will perform an initial (baseline) reading of the four inclinometers approximately three weeks after the casing  was  installed.   Following  initialization  CSA  will  perform monthly  site  visits  to  read  the  inclinometers  and  download  the vibrating piezometer data from the data loggers for a period of one year  following  inclinometer  initialization  (12  total  site  visits,  1 initialization  site  visit  and  11  subsequent  monitoring  visits).  In addition,  following  site  visits,  CSA  will  prepare  plots  of  the instrument data and prepare a brief instrument status update (email) for the City.

III.  Geotechnical Engineering and Engineering Geologic Analysis

A. Engineering Geologic Analysis – CSA geologists will revise existing and generate new engineering geologic cross sections that incorporate the information gathered during the subsurface exploration program and any data derived from the proposed instrumentation.

B. Laboratory Testing ‐ Representative samples from the borings will be tested for index and shear strength properties to provide a basis for determining  relevant  landslide  mitigation  related  design  criteria.

Specifically,  we  have  budgeted  performing  approximately  three Triaxial Compression Consolidated Undrained (TX/CU) strength tests to  determine  friction  angle  parameters  in  the  underlying  stable material, four Atterberg Limits tests to assist us in correlating residual shear  strength  (friction  angle)  of  the  landslide  material,  and  12 moisture and unit weight tests.

C.  Analysis,  Conclusions  and  Design  Recommendations ‐   We  will formulate geotechnical conclusions, recommendations, and calculate design criteria for landslide stabilization structures, including:
 Lateral active and passive earth pressure
 Tieback unbonded length
 Tieback adhesion
 Seismic lateral earth pressure
 Groundwater table elevations

Mike Burnfield  December 9, 2022, Revised March 31, 2023, May 2, 2023

COTTON, SHIRES AND ASSOCIATES, INC.

We will also evaluate causes of the landslide and, if possible, assign estimated weighting values (degree of impact).

IV.  Reporting and Consulting

A. Technical  Report ‐   We  will  prepare  a  technical  report  and appropriate  illustrations  to  summarize  the  findings  of  our investigation.  Our report will include the following:
 Soil, bedrock and groundwater conditions
 Depth to in‐place/bearing material
 Site seismicity and seismic hazards
 Active and passive design criteria
 Tieback design criteria
 Seismic design criteria
 Site grading, including cut slope inclinations
 Construction considerations (as appropriate)
 Recommendations  for  additional  studies,  as  warranted  (sea level rise, wave runup, sand transport, etc.)
 Landslide causes and estimated weighting values,

An electronic (PDF) copy of the report will be emailed to you.  The report will contain, a discussion of our scope of work, our findings, maps, boring logs and profile(s), and conclusions, recommendations and design criteria.

B. Consultation  –  We  will  provide  consultation  during  our investigation; and we have budgeted for two, one‐hour meetings or  presentations  for  two  principals.  If  meetings  and/or presentations exceed 4 man‐hours, they will be billed on a time‐ and‐materials basis in addition to the indicated budget.

PHASE 4 –   ALTERNATIVES STUDY

I.   Evaluate  Mitigation  Alternatives  –  CSA
will  evaluate  the previous  four
identified  conceptual  mitigation  alternatives  to  mitigate  the  upslope propagation of the landslide, and evaluate if other mitigation alternatives should also be considered. Typically, permitting agencies like to see a “do nothing”  alternative  as  part  of  any  Alternative  Study.   Our  alternative study will also evaluate drawbacks and benefits, and discuss key aspects of each alternative.

Mike Burnfield  December 9, 2022, Revised March 31, 2023, May 2, 2023

COTTON, SHIRES AND ASSOCIATES, INC.

II. Select Recommended Mitigation  – CSA will evaluate  the data gathered during  the  Phase  3  investigation,  consider  the  site  conditions  and limitations,  evaluate  the  benefits  and  drawbacks  of  each  alternative considered, and identify our recommended mitigation alternative.

III. Respond  to  Regulatory  Agency  Comments,  Prepare  Presentations,  and Attend Meetings – We have budgeted for a total of 48‐Principal man‐hours to  review  and  respond  to  regulatory  agency  comments,  prepare presentations, and attend meetings with agencies.

IV. Reporting  –  CSA  will  prepare  a  report  that  summarizes  the  mitigation alternatives  considered,  including  their  benefits  and  drawbacks,  and explains how the recommended mitigation was chosen.

SCHEDULE
Upon  authorization  we  will  begin  coordinating  our  subsurface  investigation.

Please  und
erstand  that  permitting  agency  approval  is  very  difficult  to  project.  We anticipate that the Phase 3 scope of work, with the exception of the instrument monitoring, will be complete within 6 weeks of completion of the subsurface investigation.  Once the Phase 3 scop
e of work is completed, we will perform our Phase 4 Alternatives Study.  We anticipate that our Phase 4 scope of work, including reporting, will be complete within 4 weeks from the date of finalizing our Phase 3 report.

FEE
We  estimate  that  our  fee  for  Phase  3  will  be  $360,154.20  (see  attached  Budget Estimate Phase  3); and our fee for Phase  4 will be $50,160  (see attached  Budget Estimate Phase  4);  however,  in  order  to  cover  potential  cost  increases  in  our  sub‐contractor’s fees and other unforeseen  costs,  we  have  included  a  25%  contingency,  $102,578.55  (25% x  $410,314.20).   Consequently,  our  total  not‐to‐exceed  fee  will  be  $512,892.75.  We  note that  roughly  $213,949  of  this  cost  are  direct  costs  of  materials  and  subcontractors.  We propose  to  invoice  the  City  for  our  services  monthly  on  a  time‐and‐expenses  basis  in accordance with the attached Schedule of Charges.  Because of the difficulty in estimating the time  required to  address  regulatory  agency  comments  and presenting  and attending meetings, CSA will bill the City on a Time‐and ‐Materials  basis for time spent for this task in excess of 48‐Principal man‐hours.

Mike Burnfield  December 9, 2022, Revised March 31, 2023, May 2, 2023

COTTON, SHIRES AND ASSOCIATES, INC.

ASSUMPTIONS

The proposed scope of services is based on the following assumptions: 1) there are no restrictions to site access for CSA personnel any delays/standby time due to conditions beyond  our  control  such  as  security  checks,  site  restrictions,  safety  concerns  due  to construction at the site, etc. will be invoiced additionally on a time‐and‐expenses basis; 2) access to any portion of the site not owned by the City will be arranged by the City and any encroachment permits necessary will be obtained by the City; 3) project services do not include an evaluation of the site for determining the presence or absence of wetlands or hazardous or toxic materials in the soil, bedrock, surface water, groundwater, or air, on, or below or around this site; 4) the project is Prevailing Wage for the Driller; 5) drill spoils  from  borings  outside  of  the  UDA  will  be  left  on  site,  and  spread  out  in  the vegetation; 6) drill spoils from boings located within the UDA will be drummed and left onsite to be disposed of by the City; 7) the City will contract with Tetra Tech (or another equally qualified firm) to be responsible for applying for and obtaining the necessary drilling permits from the various regulatory agencies; 8) access roads and 20 foot by 40 foot  relatively  level  drilling  pads  at  the  boring  locations  shown  on  the  attached Proposed Boring Location Plan will be established by CSA’s sub‐contractor; however, any and all permits required to construct the temporary access for the all‐terrain drill rig  will  be  the  responsibility  of  the  City;  and  9)  the  City  will  provide  CSA  with  an electronic  copy  of  the  boundary  survey  to  assist  in  assigning  causation  weighting values.

Mike Burnfield  December 9, 2022, Revised March 31, 2023, May 2, 2023

COTTON, SHIRES AND ASSOCIATES, INC.

AGREEMENT

If you agree with the Scope of Work, Schedule, and Fee outlined above, as well as the attached Schedule of Charges, Limitations, and Terms, please sign one copy of this proposal  and  return  it  to  our  office.   Receipt  of  the  signed  proposal  will  constitute authorization for us to proceed.

We look forward to providing you with the professional services discussed above.

If you have any questions, or need additional information, please contact us.

Very truly yours,

COTTON, SHIRES AND ASSOCIATES, INC.

David T. Schrier
Principal Geotechnical Engineer

Reviewed By:

Andrew Mead, Principal Engineering Geologist

Approved and Authorized By                                      Date

AM:DTS:st

Attachment:

Proposed Boring Location Map;
Schedule of Charges;
Project Involvement Phase 3;
Budget Estimate Phase 3;
Project Involvement Phase 4;
Budget Estimate Phase 4.

PACIFIC
OCEAN

RIP RAP
Seep
Seep
Seep
BEACH
SAND
Flowing Water
From 4" Pipe
Landfill
Materials in
Slide Debris
A
A'
30°
30°
25°
30°
UPPER

DISPOSAL
Af
Col.

Abandoned
24" CMP
Abandoned
1983
Boundary
NorthNorth
Af
225
250
275
300
325
350
25 50
75 100
125
150
150
175
200
225
KMW-3
STB-1
(2001)
TT/B-8
(2022)
TT/B-7
(2022)
D-3
(2022)
D-2
(2022)
D-1
(2022)
TT/B-2
(2022)
TT/B-3
(2022)
TT/B-4
(2022)
TT/B-5
(2022)
SD-A
SD-C
SD-B
SD-D
SD-E

SD-FSD-G
SD-H
SD-I
SD-J
(60')
(70')
(60')(70')
(100')
(100')
(100')
(80')
(70')
(70')

EXPLANATION
SD-D
SD-I
SD-J
Proposed Small-diameter Exploratory
Boring with Inclinometer Casing and
2 Vibrating Wire Piezometers
Installed. Approximate Depth in
Parentheses.

Proposed Small-diameter Exploratory
Boring with 1 Vibrating Wire
Piezometer Installed. Approximate
Depth in Parentheses.

Proposed Small-diameter
Exploratory Boring Approximate
Depth in Parentheses.
(70')
(100')
(100')
COTTON,SHIRES ANDASSOCIATES, INC.

CONSULTING ENGINEERS AND GEOLOGISTS

DALY CITY, CALIFORNIA
E6192A
DTS
AM1"=50'
FIGURE NO.

PROJECT NO.

DATE
April 2023
SCALE

APPROVED BY

GEO/ENG BY

PROPOSED BORING LOCATION MAP
1 Upper Disposal Area Landslide

COTTON, SHIRES AND ASSOCIATES, INC.

SCHEDULE OF CHARGES, LIMITATIONS AND TERMS FOR PROFESSIONAL SERVICES (Page 1 of 2) January 2023
Personnel Charges
Senior
Principal Engineer/Geophysicist $ 340/hr
Principal Geologist/Engineer $ 285/hr
Supervising Geologist/Engineer $ 235/hr
Senior Geologist/Engineer $ 210/hr
Senior GIS Specialist $ 190/hr
Senior Staff Geologist/Engineer $ 180/hr
Staff Geologist/Engineer $ 160/hr
Field/Laboratory Technician $ 135/hr
Clerical/Accounting $ 100/hr
Equipment
and Supply Charges
Dr
one System $ 230/day
Inclinometer System $ 230/day
Piezometer Data Acquisition System $ 120/day
Total Station Surveying Equipment $ 350/day
GPS Surveying Equipment $ 450/day
Nuclear Moisture/Unit Weight Gauge $ 170/day
Rope Climbing Safety Equipment $ 290/day
Multi-Channel Seismograph System and ReMi $ 345/day
Nearmap Aerial Photographs $ 210/site
Vehicle Mileage (or Current IRS Approved Rate) $ .625/mi Aircraft Mileage (or Current GSA Approved Rate) $1.52/nmi Photocopying (B&W-Color) $ .25-.60/copy
Engineering (Large Format) Copier $ .60/ft2
Computer Assisted Color Plotting $ 15/sq. ft.

Expert
Witness Consultation Charges
E
xpert witness testimony for court appearances and binding arbi trations shall be charged on a daily basis (minimum one-half day increments) at a rate of $4,640 per day. Deposition testimony shall be charged at a rate of $58 0 per hour (minimum one hour charge). Pre paration time for depositions or court appearances shall be charged on a time-and-expense basis in accordance with the Personnel, Equipment, and Expense charges listed herein.

Laboratory Testing and Geophysical Service Charges
L
aboratory testing and geophysical services shall be charged on a t i m e - a n d - materials basis in accordance with the Personnel, Equipment, an d Expense charges listed herein.

Laboratory samples shall be stored for 60 days after the date o f final report submittal unless special arrangements are made for longer storage.

Expense Charges (Receipted Costs Plus 15%)
•
Travel expenses including air fare, lodging, vehicle rental, etc. (either actual receipted costs plus 15% for meals or a flat subsistence charge of $80 per diem for overnight stay shall be charged in addi tion to the lodging cost)
•
Excavation subcontractors and expendable field supplies •
Reproduction of drawings
•
Film, film development, and photograph printing
• Special fees, permits, insurance, etc.
•
Conference call telephone costs
• Special mail service (air, electronic, courier, etc.) •
Special equipment rental
•
Special consultant fees
Limitations and Terms for Professional Services
AGRE
EMENT – This Schedule of Charges, Limitations and Terms for Professional Services as an attachment to a signed Proposal or Client Contract constitutes an “Agreement” between COTTON, SHIRES AND ASSOCIATES, INC. (CSA) a nd the Client. Client has authorized commencement of the work under this Agreement by signing the “Approved by” section of the Proposal or Contract. The Agreement is hereby incorporated and made par t of the Contract between the parties. In consideration of the mutual Agreement set forth herein and intending to be legally bound, the parties hereto agree as to the following:

Invoicing and Payment – Client s hall pay CSA compensation as o utlined in the Proposal or at the rates determined in the above Schedule of Charges and according to the payment terms below. If the work extends into subsequent calendar years, the Schedule of Charges in effect f or the year the work was conducted shall prevail unless otherwise agreed to in the contract for th e work. Invoices may be prepared and submitted by CSA on a mon thly basis or when the work is completed, at CSA’s option. Pa yment is due upon receipt and is past due thirty (30) days from date of invoice. A service cha rge of 1.5% per month, or the maximum amount allowed by law, will be charged on past due acco unts. Payments by Client will th ereafter be applied first to a ccrued interest and then to the principal unpaid balance. Any attorney fees, court costs, or o ther costs incurred in collection of delinquent accounts shall be paid by the Client. If payment of invoices is not current, CSA may suspend performing further work at no liability to CSA.

Relationship between CSA and Client – CSA is retained by the C lient to investigate and to consult with the Client regarding t he Project, as defined in the Proposal. Client shall provide C SA in writing with all informa tion relevant to the Project and shall advise CSA of any condit ion known to Client that may affect CSA’s performance under this Agreement. CSA’s services are for the benefit of the Client, but Client recognizes that the extent of those services is limited by the time-frame chosen and the funds expended by the Client for the investigation. CSA has no responsibility for the work product of any independent consultants required for the Client’s Project, nor for completeness, adequacy, or quality of said independent consultants’ work, or specialty work.

Information Provided by Client – CSA and the Client shall discuss and agree upon the informati on needed for rendering of services hereunder. The Client agrees to provide to CSA all such information as agreed to be necessary. With respect to such information, the Client understands and agrees that CSA will rely solely upon the Client to ensure the accuracy and complete ness thereof, as the Client recognizes that it is impossible fo r CSA to assure the accuracy, completeness and sufficiency of such information.

Ownership of Documents and Proprietary Information – This proposal and all documents, including, but not limited t o, drawings, specifications, computer disks, reports, calculations, and estimates, prepared by CSA in connection with this Agreement (“CSA Confidential Inf ormation”) are instruments of service and are intended for the sold use of the recipient here of, and may not, except as otherwise described herein, be discl osed, distributed, or disseminated in any form without the prior written c onsent of CSA. The CSA Confide ntial Information is and shall remain the sole property of CSA. Client may distribute documents generated by CSA in connection w ith CSA’s services under this A greement to third parties, provi ded that said third party agree s in writing to be bound by the confidentiality and ownership of documents provisions of this Agreement. The terms of this Section shall survive the termination of this Agreement.

CSA SCHEDULE OF CHARGES, LIMITATIONS AND TERMS FOR PROFESSIONAL SERVICES (Page 2 of 2)

Public Liability -- COTTON, SHIRES AND ASSOCIATES, INC. is a C alifornia Corporation protected by Worker's Compensation Insura nce (and/or Employer's Liability Insurance), and by Public Liability Insura nce for bodily injury and prope rty damage, and will furnish cer tificates thereof upon request. We assume the risk of damage to our own supplies and equipment. If your contract or purchase order places greater responsibilities upon us or requires further insurance coverage, we, if specifically directed by you, will procure add itional insurance (if procurable) to protect us at your expense , but we shall not be responsible for property damage from any cause, including fire and explosion, beyond the amounts of coverage of our insurance.

Standard of Care and Professional Liability -- In performing p rofessional services, CSA shall us e that degree of care and ski ll ordinarily exercised under similar circumstances by members of our profession at the time the services are performed. No other representation or warrant y, expressed or implied, is made or intended in this Agreement, by our proposal for consulting services, by our furnishing oral opinion or written reports, or by our inspection or work. However, should we or any of our professional employees be found to have been n egligent in the performance of p rofessional services or to have made and breached any express or implied warranty, you agree that the maximum aggregate amount o f your recovery against us and/or said professional employees s hall be limited to $50,000 or the amount of the fee paid us for professional services as computed under the SCHEDULE OF CHARGES, whichever amount is greater. M oreover, client agrees to indemnify us against damages in excess of $50,000 or the amount of our fee, whichever amount is greater, arising from suits br ought against us by third parties, in connection with our work performed on your project.

Notices -- All notices in writing to be given hereunder by either party to the other party shall be served by letter or sent by email.

Assignment -- Neither this agreement nor the benefits or obligations under this Agreement shall be sold, assigned or transferred by eithe r party to any third parties including subsidiary or affiliated companies without the prior written approval of the other party, with such approval not to be unreasonably withheld by either. In the event the approva l is given by either for assig nment or transfer, such an approval shall not relieve either fr om any liability and/or responsibility under the Agreement.

Termination/Cancellation -- Client and CSA will have the right to terminate this Agreeme nt for reasonable cause by givi ng ten (10) days prior written notice. After termination, CSA will be reimbursed for services rendered and necessary expenses incurred to the termination da te upon submission to Client of detailed supporting invoices. The obligations of paragraphs 3, 4, and 6 remain in effect after termination.

Change in Scope of Work -- If, during the performance of the work under this Agreement, it is determined that the scope of work has expanded or changed such that additional expenditures are required, the cli ent shall be notified and approval from the client shall be rec eived prior to the performance of the additional services.

Dispute Resolution -- CSA and Client recognize that disputes a rising under this Agreement are best resolved at the working le vel by the parties directly involved. Both parties are enc ouraged to be imaginative in des igning mechanism and procedures to resolve disputes at this lev el. Such efforts shall include the referral of any remaining issues in dispute to higher authority within each participating party’ s organization for resolution. Failing resolution of conflicts at the organizational level, CSA and Clie nt agree that any remaining c onflicts arising out of or relating to this Agreement shall be submitted to non-binding mediation unless CSA and Client mutually agree otherwise. If the dispute is not resolved through non-bi nding mediation, then the partie s may take other appropriate action subject to the other terms of thi s Agreement. Neither party sh all hold the other responsible for damages or delay in performa nce caused by acts of God, strikes, lockouts, accidents or other eve nts beyond the reasonable contr ol of the other party, its employees or agents. Should litigat ion or arbitration occur between the parties relating to the provisions of this Agreement, all litigation or arbitration expenses, collection expenses, witness fees, court costs and attorneys’ fees reasonably incurred by the prevailing party shall be paid by the non-prevailing party.

Governing Law -- The validity, performance, and construction of this Agreemen t, and the relationship between Client and CSA shall be governe d and interpreted in accordance with t he substantive laws of Californ ia, United States of America, without regard to its choice of l aw rules. This Agreement shall be construed as to its fair and not strictly for or against either party.

Jobsite Safety – Neither the professional activities of CSA, nor the presence of CSA employees and CSA subconsultants at a construction site, shall relieve the contractor and any other entity of their obligation s, duties and responsibilities including, but not limited to, c onstruction means, methods, sequence, techniques or procedures necessary for performing, superintendi ng or coordinating all portions of the Work of construction in accordance with the contract documents and any health of safe ty precautions required by any regulatory agencies. CSA and its personnel have no authority t o exercise any control over any construction contractor or other entity or their employees in c onnection with their work or any health or safety precautions. The Client agrees that the general contractor and its various subcontractors are solely responsibl e for jobsite safety, and warrants that this intent shall be made evident where appropriate in the Client’s agreements with other contractor s. If the Client is a Contract or or Subcontractor on the Project, the Client also agrees that the Client, CSA, and CSA’s consultants shall be indemnified and shall be made additional insureds unde r the client’s general liability insurance policy; in other cas es, the Client agrees to arrange for this indemnification and additional insureds under the General Contractor’s general liability insurance policy.

Field Exploration -- Unless ot herwise agreed, the client sha ll furnish right-of-entry on land for planned field operations. The client shall also provide CSA with locations and depths of buried utilities and structure s. CSA shall take responsible precautions to minimize damage t o land from use of equipment, but our fee does not include cost of restoration of damage resulting fr om our exploration operations. CSA shall not be liable for dam age or injury arising from damage to subterranean structures (pipes, tanks, telephone cables, etc.) which are not called to our attention and correctly shown on plans furnished to us.

Miscellaneous – In the event of any litigation or proceeding involving CSA and Client, the prevailing party shall be entitled to recover its reasonable legal fees, expert fees, and normal em ployee rates and associated cos ts from the non-prevailing party. Failure by Client to object to any of the terms and conditions contained in this Agreement before the commencement of services by CSA will be deemed an acceptance of such terms and conditions. Notwithstanding anything to the contrary in this Agreement, CSA and Client agree that neith er party shall be liable for any special, indirect, consequenti al, lost profits, or punitive damages. If any term, condition, or provision of this Agreement is found un enforceable by a court of law or equity, this Agreement shall b e construed as though that term, condition, or provision did not exist, and its unenforceability shall have no effect whatsoever on the rest of this Agreement.

Cotton, Shires & Associates
Date: December 9, 2022, Revised March 28, 2023, April 14, 2023

PROJECT INVOLVEMENT
Personnel Hours by Task Subtask Cost
David T.

Schrier
Andrew Mead
CSA Senior
Staff
CSA Staff
CSA Staff
CSA Senior
Task I -Coordinating Subsurface Investigation -
CSA Coordination 44 1 2 4,440.00$
Regulatory Agency Permitting 21 2 2,730.00$
Task II - Subsurface Investigation -
Subsurface Exploration 4 16 230 47,100.00$
Instrument Monitoring 6 11 144 30,765.00$
Task III - Geotechnical Engineering Analysis -
Engineering Geologic Analysis 20 45 13,800.00$
Laboratory Testing 6 10 3,510.00$
Analysis, Conclusions and Design Recommendations 18 26 30 17,940.00$ Task IV - Reporting and Consulting -
Technical Report 32 24 30 21,360.00$
Consultation 88 4,560.00$
Totals 80 109 513 0 0 0 $146,205.00
Principal Geotechnical
Engineer P.E., G. E.

Principal Engineering
Geologist, P.G., C.E.G.

Senior Staff Geologist
CSA Staff
Staff Engineer
Senior
Engineer/Geologist
Project Name: Phase 3 - Mussel Rock Geologic and Geotechnical Investigation Project Number: E6192A
Task

Cotton, Shires and Associates
I. Personnel Costs
Professional Staff Hours Rate Total
David T. Schrier 80 285.00$ $22,800.00
Andrew Mead 109 285.00$ $31,065.00
CSA Senior Staff 513 180.00$ $92,340.00
CSA Staff 0 160.00$ $0.00
CSA Staff 0 160.00$ $0.00
CSA Senior 0 210.00$ $0.00
Subtotal $146,205.00
II. Direct Costs Units Rate
Travel ($0.625/mile) 3400 0.63$ $2,125.00
Driller (days) 18 4,500.00$ $93,150.00
55 Gallon Drums 16 95.00$ $1,748.00
Laboratory Testing 1 2,656.00$ $3,054.40
Utility Locator 0 1,615.00$ $0.00
Traffic Control 0 3,000.00$ $0.00
Encroachment Permit 0.00 3,185.00$ $0.00
SubContractor for Drill Rig Access 1.00 78,000.00 $ $89,700.00

3.34" Inclinometer Pipe (feet) 260.00 14.50 $ $4,335.50 Inclinometer Top/Bottom Caps 8.00 22.50 $ $207.00 Well Covers 7.00 100.00 $ $805.00
1" Threaded PVC (feet) 280 2.50 $ $805.00
Piezometer Sensor (each) 14 440.00 $ $7,084.00
Piezometer Cable (feet) 600 0.87 $ $600.30
Datalogger Multichannel (each) 4 1,200.00 $ $5,520.00 Datalogger Single Channel (each) 3 700.00 $ $2,415.00 Gas Meter (days) 8 300.00 $ $2,400.00
Subtotal: $213,949.20
Subtotal Personnel and Direct Costs for Phase 3 $360,154.20 IV. Budget for Phase 4 (see Separate Spreadsheet) $50,160.00 IV. 25% Contingency $102,578.55
III. Total Budget Phase 3 and 4 $512,892.75
Project Number: E6192A
Project Name: Phase 3 - Mussel Rock Geologic and Geotechnical Investigation

PROJECT BUDGET ESTIMATE
Date: December 9, 2022, Revised March 28, 2023, April 14, 2023, May17, 2023

Cotton, Shires & Associates
Date: December 9, 2022; Revised February 24, 2023

PROJECT INVOLVEMENT
Personnel Hours by Task Subtask Cost
David T.

Schrier
Andrew Mead
Kevin Harmon
CSA Staff
CSA Staff
CSA Staff
Task I -Evaluate Mitigation Alternatives -
Evaluate Mitigaiton Alternatives 24 24 13,680.00$
Task II - Select Recommended Mitigation -
Select Recommended Mitigation 16 16 9,120.00$
Task III - Respond to Regulatory Comments, Prepare Presentations, Attend Mtg - Responding to Comments, Prep. Presentations, and Attend Meetings2 4 2 4 13,680.00$ Task IV - Reporting -
Reporting 24 24 13,680.00$
Totals 88 88 0 0 0 0 50,160.00$
Principal Geotechnical
Engineer P.E., G. E.

Principal Engineering
Geologist, P.G., C.E.G.

Staff Geologist
Senior Geologist
Staff Engineer
Field
Engineer/Geologist
Project Name: Phase 4 - Alternatives Study
Project Number: E6192A
Task

Cotton, Shires and Associates
I. Personnel Costs
Professional Staff Hours Rate Total
David T. Schrier 88 285.00$ $25,080.00
Andrew Mead 88 285.00$ $25,080.00
Kevin Harmon 0 155.00 $ $0.00
CSA Staff 0 155.00$ $0.00
CSA Staff 0 165.00$ $0.00
CSA Staff 0 185.00$ $0.00
Subtotal $50,160.00
II. Direct Costs Units/Miles Rate
Travel ($0.625/mile) 0.63$ $0.00
Driller 4,500.00$ $0.00
Soils Disposal 0 1,000.00$ $0.00
Laboratory Testing 2,656.00$ $0.00
Utility Locator 1,615.00$ $0.00
Traffic Control 3,000.00$ $0.00
Encroachment Permit 0.00 3,185.00 $ $0.00
CPT 6,170.00 $ $0.00
Subtotal: $0.00
III. Total Budget $50,160.00
Project Number: E6192A
Project Name: Phase 4 - Alternatives Study

PROJECT BUDGET ESTIMATE
Date: December 9, 2022; Revised February 24, 2023

Council Agenda Report Item # Meeting Date: June 12, 2023
Subject: Adoption of Comprehensive Operating and Capital Budgets for Fiscal Year 2024 Recommended Action
Adoption of the Comprehensive Operating and Capital Budgets for Fiscal Year (FY) 2024.

Discussion
Due to the COVID-19 pandemic and ongoing economic uncertainties, the City switched to a one- year budget cycle starting in FY 2021. Since then, staff has continued to monitor and evaluate the economic climate and has opted to develop one-year Comprehensive Operating and Capital budgets for each year including this year’s FY 2024 budget. The budget presented for your consideration and adoption was shown to Council during the May 22, 2023 Council meeting.

Operating Budget
The Finance Department, in conjunction with each of the City Departments, developed the FY 2024 Proposed Operating Budget by carefully reviewing revenues and expenditures in previous and current fiscal years to forecast the needs for FY 2024. Additionally, the City held two Budget Priority Setting study sessions on March 25, 2023 and April 17, 2023, in which the City Council provided direction to staff on what priorities to include in the creation of the FY 2024 budget. Although Departmental budget increases had been minimized in each budget area, Finance staff found, during the development of the budget, that projected expenses were estimating higher than projected revenues. Thus, all City departments were asked to commit to reducing their discretionary operating expenditures by 3% for FY 2024. With the recommended adoption of the FY 2024 Operating Budget, the General Fund reserve level would remain above the minimum reserve level of 2 months set by the City Council.

City staff recommends that the City Council adopt budgets for all the City funds including the General Fund, the Enterprise Funds, and all other non-General Funds. First, the overall operating budget for General Fund revenues for FY 2024 is recommended to be $115,376,535, and the overall operating budget for General Fund expenditures is recommended to be $121,584,655. This equates to a budgeted General Fund deficit of $6,208,120.

General Fund FY 2024
Revenues $115,376,535
Expenditures $121,584,655
Surplus/(Deficit) $ (6,208,120)
With regards to the Enterprise Funds, the operating budget for the Water Fund revenues for FY 2024 is recommended to be $29,358,011 and the operating budget for expenditures for the Water Fund is recommended to be $22,846,423, with a budgeted surplus of $6,511,588. The Sanitation Fund operating budget for revenues for FY 2024 is recommended to be $32,911,125 and the operating budget for expenditures for the Sanitation Fund are recommended to be $33,596,054, with a budgeted deficit of $684,928.

City Council Agenda Report
Adoption of Comprehensive Operating and Capital Budgets for Fiscal Year 2024 Meeting Date: June 12, 2023

The total operating budget for revenues in the Non-General Funds is recommended to be $111,965,542, and the total Non-General Funds operating budget for expenditures is recommended to be $101,685,373. The overall City-wide operating revenues budget is recommended to be $227,342,077, and the City-wide operating expenditures budget is recommended to be $223,270,025. The detail of the recommended City-wide Operating Budget for FY 2024 can be found in Attachment A.

As part of the General Fund operating budgets outlined above, staff recommends that the previously approved Measure Q funded programs continue in FY 2024. These programs include staffing Fire Engine 95, a pilot restorative justice program, Community Wellness and Crisis Response Team Pilot Program, and Library and Recreation programs. This includes 9 positions in Fire, 3 positions in Library, and 4 positions in Recreation, for a total of 16 FTE’s. Also, as discussed with the City Council during the Budget Priorities sessions, staff has included additional costs for the Body Worn and Patrol Vehicle camera program as well the new Automated License Plate readers program. The total for the new and existing program costs result in budgeted Measure Q expenditures totaling $5,696,471 in FY 2024.

Capital Budget
In addition to the City-wide operating revenue and expenditure budget requests, staff is recommending the adoption of Capital Project expenditures totaling $8,250,000 from the Water Fund, $2,140,000 from the Sanitation Fund and $16,415,052 from various funding sources for General Capital Projects for an overall capital budget total of $26,805,052 in FY 2024. The proposed Capital Project budget includes 17 Water projects, 11 Sanitation projects, and 22 General Capital Projects for various Traffic and Transportation, Facilities, Mussel Rock, and Parks projects. Of the 22 General Capital Projects, 11 are to be funded by general capital improvement program funds which will utilize $4,484,000 from the remaining available balance in Fund 33. The remaining projects will utilize Enterprise Funds, Gas Tax Funds, Developer Fees, and Grants.

The detail of the recommended Capital Improvement Budget for FY 2024 can be found in Attachment B.

Summary/Conclusion
Staff recommends that the City Council adopt the Comprehensive Operating and Capital Budgets for Fiscal Year 2024.

Staff is available to provide any additional information desired by the Mayor or Council.

City Council Agenda Report
Adoption of Comprehensive Operating and Capital Budgets for Fiscal Year 2024 Meeting Date: June 12, 2023

Respectfully submitted,

Timothy J. Nevin Richard Chiu Director of Finance and Director of Public Works Administrative Services

Joshua Cosgrove Thomas J Piccolotti Director of Water & Wastewater Resources City Manager Attachment A: Proposed Operating and Capital Budgets for Fiscal Year 2024 Attachment B: Proposed Capital Project Breakdown for Fiscal Year 2024

Attachment A: FY 2024 Operating Budget Totals

C I T Y O F D A L Y C I T Y

COMPARISON OF EXPENDITURE BUDGETS

ACTUAL ACTUAL BUDGETECOMMENDED
GENERAL FUND 2021 2022 2023 2024
Dollar
Change
%
Change
City Attorney
City Attorney 1,195,833 1,347,794 1,430,282 1,533,408 103,126 7% Measure Q - City Attorney - - 500,000 500,000 - 0% Total City Attorney 1,195,833 1,347,794 1,930,282 2,033,408 103,126 5% City Clerk 759,885 630,349 821,007 748,505 (72,502) -9% City Council 300,606 285,956 359,467 454,326 94,859 26% City Manager
City Manager Administration 1,835,883 1,902,998 2,364,879 2,742,282 377,403 16% Community Sustainability 25,925 34,626 81,442 111,277 29,835 37% Community Service Center
192,284 329,715 206,838 33,875 (172,963) -84% Total City Manager 2,054,092 2,267,339 2,653,159 2,887,434 234,275 9% City Treasurer 49,592 46,890 57,731 68,824 11,093 19% Economic & Community Development
Administration 588,427 1,582,569 724,125 903,819 179,694 25% C&D Support Services - - - 80,000 80,000 100% Planning & Zoning 1,040,986 1,060,476 1,649,176 1,424,047 (225,129) -14% Building 1,615,644 2,020,471 2,443,033 2,380,412 (62,621) -3% Code Enforcement 722,555 712,096 650,658 878,444 227,786 35% RDA Successor Agency 3,541 3,647 3,750 3,803 53 1% Total Economic & Community Devel 3,971,153 5,379,260 5,470,742 5,670,525 199,783 4% Finance-Admin/Accounting 3,010,829 3,324,181 3,975,141 4,114,306 139,165 4% Fire
Fire Serivces 25,084,026 26,448,542 26,568,841 28,177,032 1,608,191 6% Measure Q- Fire - 2,632,226 2,722,811 3,254,903 532,092 20% Total Fire 25,084,026 29,080,768 29,291,651 31,431,934 2,140,283 7% Human Resources 1,097,419 1,385,560 1,523,827 1,736,200 212,373 14% Library & Recreation
Administration 1,440,802 1,593,880 2,131,359 2,337,566 206,208 10% Library 3,660,220 4,113,818 4,492,359 4,750,063 257,703 6% Measure Q - Library - 172,040 387,219 456,424 69,204 18% Recreation 5,024,366 6,751,514 6,652,157 7,822,728 1,170,571 18% Measure Q - Recreation - 495,423 668,231 730,845 62,615 9% Total Library & Recreation 10,125,388 13,126,675 14,331,326 16,097,627 1,766,301 12% Police
Police Services 38,119,744 39,715,457 46,900,453 49,036,293 2,135,840 5% Citizens' Option for Public Safety - 309,154 - - - 0% Measure Q - Police 23,450 170,405 387,533 754,299 366,766 95% Total Police 38,143,193 40,195,016 47,287,986 49,790,592 2,502,606 5% Public Works
Administration 462,393 430,674 628,904 929,275 300,371 48% Engineering 2,328,084 2,609,194 2,897,275 3,480,462 583,187 20% Parks Maintenance
2,901,202 2,978,503 3,546,315 3,827,858 281,543 8% Total Public Works 5,691,679 6,018,371 7,072,494 8,237,595 1,165,102 16% 1 of 5

Attachment A: FY 2024 Operating Budget Totals

C I T Y O F D A L Y C I T Y

COMPARISON OF EXPENDITURE BUDGETS

ACTUAL ACTUAL BUDGETECOMMENDED
2021 2022 2023 2024
Nondepartmental 8,954,106 4,630,170 3,983,109 (3,848,473) (7,831,582) -197% Supplemental Interfund Transfer 3,337,728 1,594,422 1,514,411 2,161,851 647,440 43% Total Non-Departmental 12,291,834 6,224,592 5,497,520 (1,686,621) (7,184,141) -131% TOTAL GENERAL FUND 103,775,530 109,312,751 120,272,332 121,584,655 1,312,322 1%

SPECIAL REVENUE
Housing Agency
Housing Finance Agency 37,407 4,035,401 74,500 50,500 (24,000) -32% 20% Housing Set Aside
221,217 173,647 730,484 280,000 (450,484) -62% Total Housing Agency 258,624 4,209,047 804,984 330,500 (474,484) -59% Community Block Grant: 1,253,321 1,642,669 67,784 - (67,784) -100% Linda Vista Benefit Assessment 26,353 19,295 27,366 27,366 - 0% Traffic Safety 29,064 8,825 35,152 33,543 (1,609) -5% Traffic Enforcement 278,522 - 475,000 500,000 25,000 5% Grants 1,261,216 1,360,224 432,316 182,601 (249,714) -58% Special Deposits 2,206 120 6,500 6,500 - 0% City Loan Repayment 3,164,013 1,187,765 1,235,632 1,285,246 49,614 4% Redevelopment - J.S./Mission - - - - - 0% Redevelopment - Bayshore 16,365 8,984 19,700 17,800 (1,900) -10% TOTAL SPECIAL REVENUE $6,289,684 $8,436,929 $3,104,433 $2,383,556 (720,876) -23%

CAPITAL PROJECTS
Transportation (Gas Tax) 10,888,319 12,868,906 13,425,753 6,287,675 (7,138,077) -53% Measure A - 265,739 1,722,120 2,600 (1,719,520) -100% Measure W - 16,747 1,119,500 2,600 (1,116,900) -100% AB1600 1,614,971 443,084 630,544 - (630,544) -100% Capital Outlay 3,117,316 3,750,550 4,111,080 - (4,111,080) -100% Major Facility Improvements - 251,736 2,952,500 - (2,952,500) -100% TOTAL CAPITAL PROJECTS 15,620,606$ 17,596,763$ 23,961,497$ 6,292,875$ (17,668,621) -74%

ENTERPRISE
Water Utility 19,402,739 17,874,701 26,820,004 22,846,423 (3,973,581) -15% Civic Center 920,340 976,484 1,048,983 1,074,377 25,394 2% Transfer Station 110,194 114,580 114,580 120,309 5,729 5% Sanitation District 29,565,428 22,189,104 37,282,235 33,596,054 (3,686,181) -10% TOTAL ENTERPRISE $49,998,701 41,154,869 65,265,802 $57,637,163 (7,628,639) -12% 2 of 5

Attachment A: FY 2024 Operating Budget Totals

C I T Y O F D A L Y C I T Y

COMPARISON OF EXPENDITURE BUDGETS

ACTUAL ACTUAL BUDGETECOMMENDED
INTERNAL SERVICE FUNDS 2021 2022 2023 2024
Pension Bonds 877,519 681,326 3,979,760 4,586,122 606,362 15% Motor Vehicles 4,141,837 5,059,566 6,688,233 9,368,715 2,680,481 40% Central Services 214,826 230,390 317,279 267,403 (49,876) -16% PBX - Telephones 225,996 234,355 235,466 233,979 (1,487) -1% Building Maintenance 4,727,760 5,049,156 6,093,062 6,671,506 578,444 9% Information Services 3,185,470 3,650,214 4,389,423 4,913,124 523,701 12% Retiree Health - - - - - 0% Self Insurance 6,085,202 6,994,951 8,418,370 9,330,927 912,557 11% TOTAL INTERNAL SERVICE $19,458,611 $21,899,958 $30,121,594 $35,371,776 5,250,182 17% COMBINED EXPENDITURE TOTAL $195,143,132 $198,401,270 $242,725,657 $223,270,025 (19,455,632) -8% 3 of 5

Attachment A: FY 2024 Operating Budget Totals

C I T Y O F D A L Y C I T Y

COMPARISON OF REVENUE BUDGETS

ACTUAL ACTUAL ACTUAL BUDGET
GENERAL FUND 2021 2022 2023 2024
Property Tax
Property Tax 33,931,543 34,653,593 35,000,082 36,863,797 1,863,715 5% Vehicle License Fee 6,900,679 11,481,768 14,899,499 9,600,000 (5,299,499) -36% Total Property Tax 40,832,222 46,135,361 49,899,581 46,463,797 (3,435,784) -7% Sales Tax
General Sales Tax 13,859,355 15,837,169 16,963,343 16,964,600 1,257 0% Measure Q
1,711,495 8,320,000 9,161,000 9,270,000 109,000 1% Total Sales Tax 15,570,850 24,157,170 26,124,343 26,234,600 110,257 0% Utility Users Tax 5,912,944 6,008,575 5,554,669 5,577,431 22,762 0% Franchise Fees 4,255,982 4,909,174 4,654,365 5,268,569 614,204 13% Business License Taxes 5,947,105 5,710,744 5,846,044 5,817,692 (28,352) 0% Other Taxes 782,275 1,352,043 1,212,824 1,521,563 308,739 25% Licenses and Permits 2,981,238 3,015,932 2,866,349 2,437,684 (428,665) -15% Fines and Forfeitures 2,637,092 2,263,332 2,359,876 4,643,022 2,283,146 97% Rents and Interest 603,070 (1,525,067) 2,159,598 2,251,859 92,261 4% From Other Agencies* 2,913,073 10,636,369 5,773,159 3,642,779 (2,130,381) -37% Charges and Fees 5,477,639 5,724,417 5,850,359 5,732,227 (118,132) -2% Program Fees 158,723 921,753 944,698 1,400,975 456,277 48% Miscellaneous 1,720,854 3,351,321 626,782 383,811 (242,971) -39% Interfund Transfers 6,265,738 4,895,990 3,846,480 4,000,528 154,048 4% TOTAL GENERAL FUND 96,058,806 117,557,113 117,719,127 115,376,535 (2,342,591) -2%

SPECIAL REVENUE
Housing Agency
Housing Finance Authority 73,713 168,366 3,523,085 75,000 (3,448,085) -98% 20% Housing Set Aside
231,811 4,235,256 268,126 252,126 (16,000) -6% Total Housing Agency 305,525 4,403,622 3,791,211 327,126 (3,464,085) -91% Community Block Grant: 1,253,321 1,642,669 - - - 0% Linda Vista Benefit Assessment 42,703 29,134 51,302 47,380 (3,922) -8% Traffic Safety 7,903 27,252 7,180 16,632 9,452 132% Traffic Enforcement 403,432 65,806 - 1,000 1,000 100% Grants 1,418,788 1,848,347 442,400 225,352 (217,048) -49% Special Deposits 75 12,699 16,300 13,500 (2,800) -17% City Loan Repayment - - - - - 0% Redevelopment - J.S./Mission - 1,187,765 - - - 0% Redevelopment - Bayshore 39,900 7,500 40,000 40,800 800 2% TOTAL SPECIAL REVENUE 3,471,647 9,224,794 4,348,393 671,790 (3,676,603) -85% *Includes one time ARPA revenue
4 of 5

Attachment A: FY 2024 Operating Budget Totals

C I T Y O F D A L Y C I T Y

COMPARISON OF REVENUE BUDGETS

ACTUAL ACTUAL ACTUAL BUDGET
CAPITAL PROJECTS 2021 2022 2023 2024
Transportation (Gas Tax) 16,389,654 9,213,836 16,085,265 9,286,668 (6,798,597) -42% Measure A - 7,426,405 2,450,727 2,713,954 263,227 11% Measure W - 1,921,860 1,089,212 1,202,869 113,657 10% AB1600 1,293,181 757,038 748,365 566,723 (181,642) -24% Capital Outlay 6,396,381 2,688,231 5,769,140 1,896,473 (3,872,667) -67% Major Facility Improvements - (329,732) - - - 0% TOTAL CAPITAL PROJECTS 24,081,237$ 21,679,661$ 26,144,732$ 15,668,711$ (10,476,021) -40%

ENTERPRISE
Water Utility 24,002,934 26,160,776 29,363,430 29,358,011 (5,419) 0% Civic Center 921,368 1,363,586 1,024,255 1,064,083 39,828 4% Transfer Station 108,390 114,580 144,580 120,309 (24,271) -17% Sanitation District 27,570,796 28,789,466 36,292,589 32,911,125 (3,381,464) -9% TOTAL ENTERPRISE $52,603,488 56,428,409 $66,824,855 63,453,528 (3,371,326) -5%

INTERNAL SERVICE FUNDS
Pension Bonds 4,368,803 4,759,037 4,441,420 4,610,002 168,582 4% Motor Vehicles 4,906,805 5,165,170 6,775,141 7,237,863 462,722 7% Central Services 289,514 292,677 293,440 271,585 (21,855) -7% PBX - Telephones 281,795 270,016 319,618 318,772 (846) 0% Building Maintenance 5,344,526 5,350,724 5,929,856 6,200,930 271,074 5% Information Services 3,245,844 3,222,048 4,104,839 4,014,432 (90,408) -2% Retiree Health - - - - - 0% Self Insurance 7,070,767 7,118,660 8,952,209 9,517,929 565,720 6% TOTAL INTERNAL SERVICE 25,508,055 26,178,331 $30,816,523 32,171,512 1,354,989 4% COMBINED REVENUE TOTAL $201,723,233 $231,068,307 $245,853,630 $227,342,077 (18,511,552) -8% 5 of 5

Attachment B: Proposed Capital Project Breakdown for Fiscal Year 2024 Category Project Name Funding Source FY 2024 Requested
Traffic and ADA/Sidewalk Improvement (2023-24) Measure A 152,000 Transportation Projects Cooperative Project Development Measure A 69,000 Daly City Safe Routes to School Measure W, Grant 4,000,000 RO 256 Palisades Streetlight Conversion Measure A 1,310,000 Skyline Street Slurry Seal Measure M 300,000
Street Resurfacing (2023-24) Measure W, SB1 2,742,000
Street Resurfacing (2024-25) Measure W, SB1 236,000
Vision Zero Improvements Measure A 190,000
Subtotal 8,999,000
Facilites Projects Civic Center East General Fund (Fund 33) 50,000 Civic Center North Tenant Improvements General Fund (Fund 33) 1,184,000 Fire Department Facilities Master Plan General Fund (Fund 33) 100,000 Fire Station 91 Deferred Maintenance General Fund (Fund 33) 60,000 Fire Station 93 Apparatus Bay Roof Replacement General Fund (Fund 33) 150,000 Fire Station 93 HVAC System General Fund (Fund 33) 200,000 Mission St Transit Hub & Bus Shelter Paint & LED Light General Fund (Fund 33) 150,000 Parks/Fleet Maintenance Roof Replacement General Fund (Fund 33) 660,000 Westlake Library HVAC & Roof Replacement Repairs General Fund (Fund 33) 1,750,000 Westlake Park Master Plan General Fund (Fund 33) 80,000 Subtotal 4,384,000
Mussel Rock Projects Mussel Rock Landfill Site Maintenance Solid Waste Franchise Fee 58,250 Mussel Rock Miscellaneous Waste Mitigation/Stabilization Solid Waste Franchise Fee 2,700,000 Mussel Rock Site Routine Monitoring Solid Waste Franchise Fee 173,802 Subtotal 2,932,052
Parks Projects Palisades and Northridge Park Fence Replace General Fund (Fund 33) 100,000 Subtotal 100,000
General Capital Projects Total 16,415,052

Attachment B: Proposed Capital Project Breakdown for Fiscal Year 2024 Category Project Name Funding Source FY 2024 Requested
Water Projects Plant Improvements Water Fund 300,000
Well Rehabilitation Water Fund 150,000
SCADA System Upgrades Water Fund 100,000
Hydropneumatic Tank Replacements Water Fund 50,000
Reservoir 7 Replacement Water Fund 250,000
Equipment - Pick Up Truck Water Fund 50,000
Pointe Pacific Generator Replacement Water Fund 500,000 Reservoir Fencing Water Fund 100,000
Street Resurfacing Water Mains Water Fund 50,000
Citrus Pump Station Generator Replacement Water Fund 3,000,000 Reservoir 5B Structural Rehabilitation Water Fund 2,000,000 New Well at Reservoir 5B on Margate Water Fund 500,000
Water Facility Master Plan Water Fund 250,000
Reservoir 8 Interior Coatings Water Fund 150,000
Westlake Electrical Upgrade Water Fund 200,000
Water Main Improvements Water Fund 500,000
Pressure Reducing Valve Replacements Water Fund 100,000 Subtotal 8,250,000
Sanitation Projects SCADA System Upgrades Sanitation Fund 100,000 Sewer Lift Station Rehab/Replacement Sanitation Fund 150,000 Vehicle Upgrades Sanitation Fund 40,000
Plant Process Improvements Sanitation Fund 500,000
Plant Structure Improvements Sanitation Fund 350,000
Treatment Plant Air Scrubbers Sanitation Fund 100,000
Plant Electrical/Instrumentation Upgrade Sanitation Fund 250,000 Sewer Main Rehab/Improvements Sanitation Fund 200,000
Street Resurfacing Sanitation Mains Sanitation Fund 100,000 SSMP/Master Plan - System Improvements Sanitation Fund 200,000 I-280 Crossing Sewer Main Improvements Sanitation Fund 150,000

Attachment B: Proposed Capital Project Breakdown for Fiscal Year 2024 Category Project Name Funding Source FY 2024 Requested
Subtotal 2,140,000
Water and Sanitation Total 10,390,000
Overall Total 26,805,052$

City Council Meeting Agenda ReportItem # _____
Meeting Date: June 12, 2023
Subject: Public Hearing – National Pollutant Discharge Elimination System Local Stormwater Program Regulatory Fee
Recommended Action
Staff recommends the City Council adopt a resolution maintaining the existing National Pollutant Discharge Elimination System (NPDES) regulatory fee necessary to fund City of Daly City local program activities required under the State mandated Stormwater Management Plan and authorize the City Manager to enter into a contract with the County of San Mateo for the collection of the NPDES Local Stormwater Program fee.

Background
The San Francisco Water Quality Control Board (Water Board) issued a consolidated Bay Area Municipal Regional Stormwater Permit (MRP) on November 19, 2015, with an implementation date of January 1, 2016. The MRP conditions cover municipal stormwater management activities over the five years of the permit. The City/County Association of Governments (C/CAG) continues to administer the General Program components, while each municipality is responsible for performing specific program activities.

Discussion
As part of the City’s Budget, staff anticipated the continuation of the current regulatory fee enacted under Ordinance No. 1219 in 1995 to finance a portion of the locally specific program activities required under the conditions of the MRP and the San Mateo County Water Pollution Prevention Program. Public Works staff estimates the local stormwater program operating (non-capital) cost for Fiscal Year 2024 at $513,601. This amount is derived from total personnel, equipment rental and inspection services costs as set forth in the enclosed program description.

The fees originally established are based on a nexus between parcel size and land use, with a base factor assigned to the single family/duplex parcel as it is the predominant land use in Daly City.

The fees assessed to property owners for Daly City’s local program have not increased over the past 27 years and they remain as originally establish at:

Single Family/Duplex..........................................$9.80/APN Multi-Family (3-10 units) ..................................$19.60/APN Multi-Family (11-20 units) ................................$36.76/APN Unimproved Land................................................$4.90/APN Commercial/Retail/Manufacturing..........$56.84/APN, EDU Condominiums.....................................................$4.90/APN

City Council Report – Public Hearing: NPDES Local Stormwater Program Regulatory Fee Meeting Date: June 12, 2023

All categories of use are assigned a factor compared to the single family/duplex rate and take into account frontage, impervious surface coverage and vehicle trips to allocate costs proportionately.

Fiscal Impact
The fees collected are estimated to generate approximately $475,000 in revenue towards program costs. Currently, local stormwater program activity costs exceed the revenue derived from the property assessment due to cost escalation over time as well as the imposition of new activities since the fee was first established. With the future need to implement more Green Infrastructure type projects, an increase in the stormwater fee assessment will likely be required in the future.

Summary/Conclusion
Public Works staff recommends re-adoption of the existing NPDES regulatory fee and authorization for the County Assessor to collect the fees on behalf of the City of Daly City on property owner’s tax bills.

Staff is available to provide any additional information desired by the Mayor or Council members.

Respectfully submitted,
Sibely Calles Richard Chiu, Jr.

Senior Management Analyst Director of Public Works
Attachment: NPDES Justification

Department of Public Works - Street Division
NPDES Regulatory Fee (3790)
Revenue Justifications
Programs includes:

Annual Catch Basin Inspection & Cleaning
Inspections of Full Trash Capture Devises During the Rainy Season Silt & Debris Testing and Removal from the Vista Grande Canal Inclement Weather District Catch Basin Cleaning
Areas FY 2024E FY 2025E
Salaries & Benefits (1) 321,029$ 333,871$
Vehicle Cost (2) 134,958$ 134,958$
Materials, Tools, Supplies, and Equipment Rental 21,000$ 21,000$ Vista Grande Canal - Material Testing ($1200),
Transporting, and Dumping Fee and Equipment Rental ($10800) 12,000$ 12,000$ Program Administration (3) 24,613$ 25,352$
Total for NPDES Program 513,601$ 527,180$
Est. Revenue
NPDES Regulatory Fee 475,000$ 475,000$
Fund 17 38,601$ 52,180$
Total Program Revenue 513,601$ 527,180$

Storm water pollution prevention through inspection and/or cleaning of 2233 drain inlets; and full trash capture devises in 80% of the catch basins.

Est. Expenditures

City Council Agenda Report Item #
Meeting Date: June 12, 2023
Subject: Public Hearing to Adopt Proposed Water Rate Adjustments.

Recommended Action
Upon conclusion of the Public Hearing, it is recommended that the City Council adopt a resolution adjusting water rates four percent (4%) effective July 1, 2023; four percent (4%) effective July 1, 2024; four percent (4%) effective July 1, 2025; four percent (4%) effective July 1, 2026; and four percent (4%) effective July 1, 2027. The recommended adjustments affect both the Base Charge and Tiered Water Quantity Charge.

Background
In 2018, under the leadership of the City Council and DWWR Director Thomas Piccolotti, HF&H Consultants, LLC (HF&H) were hired to work with staff and perform a rate study of the Water Fund. This study provided the foundational analysis of a five-year rate structure from FY 2018-19 through FY 2022-23.

The rate adjustments were necessary due to increases in the cost of purchased water from the SFPUC, the need to build reserves that had been depleted due to revenue shortfalls in response to water conservation by customers, and increased capital improvement projects including addressing deferred maintenance.

Additionally, HF&H recommended increasing the number of quantity charge tiers from two to three and adjusting the breakpoints to match the demand patterns of Daly City customers. These adjustments successfully improved the financial position of the Water Fund and we have achieved the target fund reserves.

Discussion
In January 2023 because the current rate structure was concluding, staff re-engaged HF&H to perform a rate study of the Water Fund. Staff chose this firm again because of their nearly 30 years of experience in successfully setting utility rates for agencies in California and their demonstrated successful experience with the Daly City Water Fund. HF&H’s objectives were to provide analysis and recommendations to sustain the Water Fund and develop a five-year Water Rate Structure.

After performing the analysis and developing a draft five-year Water Fund Rate Structure, staff and the consultants met with the City Council Water Committee on March 20, 2023, to present the water rate analysis and recommendations. During this process the Water Committee conducted a thorough review of the proposed Water Fund Rate Structure and recommended options for water rate adjustments.

The proposed rates developed through this process would maintain the target reserves, fund the Capital Program, and preserve Daly City customers’ water bills as one of the lowest in San Mateo County. The average customer would see their water bill, which comprises two months of usage, increase approximately $5.45. On a monthly basis this is an increase of approximately $2.72.

On April 10, 2023, the City Council, in accordance with the Proposition 218 process, reviewed the proposed Water Fund Rate Structure and set 7 PM on June 12, 2023, as the time and place for adoption. This initiated the required minimum 45-day comment period of Proposition 218 which allows the approximately 23,000 water account holders to protest the rate structure. As of June 2, 2023, staff received a total of 22 letters protesting the rate adjustments which is less than 1% of the water account holders. Proposition 218 requires a simple majority of protest letters (50% plus 1) to overturn the rate structure so the total as of June 2 falls below the required number (11,501). Staff has available copies of the protest letters for Council review.

City Council Water Committee Agenda Report
Review Water Rate Study
Regular Meeting of June 12, 2023

Recommendation
Staff recommends the City Council open the Public Hearing, accept comments from the public, close the Public Hearing, and adopt the Water Fund Rate Structure covering Fiscal Years 2023/24, 2024/25, 2025/26, 2026/27, and 2027/28 all in accordance with the Proposition 218 process.

Fiscal Impact
The proposed five-year Water Fund Rate Structure is reflected in the table below:

Date July 1, 2023 July 1, 2024 July 1, 2025 July 1, 2026 July 1, 2027 Increase 4% 4% 4% 4% 4%
The impact on a typical single-family customer using 12 HCF (Hundred Cubic Feet) in a bi-monthly billing cycle is a rate adjustment to $141.82 effective July 1, 2023. This represents a bi-monthly increase of $5.45 or $2.72 per month. This amount will increase by 4% over each of the next four years. 12 HCF represents the average bi-monthly water bill in Daly City (1 HCF equals 748 gallons).

Summary/Conclusion
Staff and Financial Consultants are available to answer any questions or to provide additional information as requested by the members of the City Council.

Respectfully submitted,
Joshua Cosgrove Anthony Tofiga
Director of Water and Wastewater Resources Senior Management Analyst - DWWR

May 26, 2023

HF&H Consultants, LLC

CITY OF DALY CITY

WATER RATE STUDY

CITY OF DALY CITY
153 Lake Merced Blvd.

Daly City, CA 94015

WATER RATE STUDY

May 26, 2023

HF&H CONSULTANTS, LLC
590 Ygnacio Valley Road, Suite 105
Walnut Creek, CA 94596

HILTON FARNKOPF & HOBSON

HF&H CONSULTANTS, LLC
Managing Tomorrow’s Resources Today

201 North Civic Drive, Suite 230 Robert C. Hilton, CMC
Walnut Creek, California 94596 John W. Farnkopf, PE
Tel: (925) 977-6950 Laith B. Ezzet, CMC
Fax: (925) 977-6955 Richard J. Simonson, CMC
hfh-consultants.com Robert D. Hilton, Emeritus CMC
Marva M. Sheehan, Emeritus CPA

May 26, 2023

Mr. Joshua Cosgrove
Director
Department of Water and Wastewater Resources
City of Daly City
153 Lake Merced Blvd.

Daly City, CA 94015

Subject: Water Rate Study

Dear Mr. Cosgrove:

HF&H is pleased to submit this report documenting updates to the City’s water rates over the next five years (FY 2023-24 through FY 2027-28). The report reflects input from the Water Committee and City staff in refining the budgeted expenses and rates, input for which we are very grateful . The resulting rate adjustments provide the funding required to support the projected operating and capital expenses. The revenue increases have been moderated through the use of reserves. In partially drawing down reserves, the Water Fund continues to maintain a strong financial position that preserves the City’s options for funding capital improvements.

Please contact us if you have any questions.

Very truly yours,

HF&H CONSULTANTS, LLC

John Farnkopf, Senior Vice President
Geoff Michalczyk, Senior Associate

City of Daly City Water Rate Study
Table of Contents

HF&H Consultants, LLC Page i May 26, 2023

TABLE OF CONTENTS

1. EXECUTIVE SUMMARY .................................................................................. 3 Study Background and Objectives ......................................................................... 3 Findings And Recommmendations ......................................................................... 3 Implementation ................................................................................................... 6

2. INTRODUCTION ........................................................................................... 8 Study Purpose ..................................................................................................... 8 Study Process ...................................................................................................... 8 Report Organization ............................................................................................. 9

3. REVENUE REQUIREMENT PROJECTIONS .................................................. 10 Assumptions ...................................................................................................... 10 Expenditure Projections ...................................................................................... 10 Water Supply ................................................................................................ 10 Operating and Other Expenses ...................................................................... 11 Debt Service ................................................................................................. 12 Contribution to Reserves ............................................................................... 12 Revenue Projections ........................................................................................... 13 Rate Revenues .............................................................................................. 13 Non-Operating Revenues ............................................................................... 14 Reserve Funds ................................................................................................... 14 Operating Reserve ........................................................................................ 14 Capital Reserve ............................................................................................. 14 Reserve Target ............................................................................................. 14 Projected Fund Balance ................................................................................. 15

4. COST-OF-SERVICE ANALYSIS .................................................................... 16 Methodology ...................................................................................................... 16 Allocation Factors ............................................................................................... 17 FY 2017-18 Cost Of Service ................................................................................ 20 Base Charges ................................................................................................ 21 Quantity Charges .......................................................................................... 22

5. RATE DESIGN ............................................................................................. 24 Current Rates .................................................................................................... 24 Base Charge Rates ........................................................................................ 24 Quantity Charge Rates .................................................................................. 25 Proposed Rates .................................................................................................. 25 Base Charge Rates ........................................................................................ 25