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, April 14, 2025 - 7:00 PM
City Hall Council Chambers – 2nd Floor
City Hall 333 – 90th Street
Daly City, CA 94015
To watch the live telecast:
https://www.youtube.com/@DalyCityGov/streams, https://www.dalycity.org/agendas, or Comcast Ch. 27
PUBLIC PARTICIPATION
There are three ways to submit public comments: (1) submit written comments by meeting day, (2) submit written comments during the meeting, and (3) attend the meeting in person.
1. To submit written comments by meeting day, please email [email protected] and include “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.
Please note: Any emailed comments received after 4:00 p.m. on the meeting date are not guaranteed to be received by the City Council prior to the meeting. Comments are not read aloud into the record.
2. During the meeting, you may visit www.dalycity.org/agendas to submit comments using the Public Comment form to address the City Council on a specific item, or during the public comment period, and such comments are delivered to the City Council and City Staff during the meeting, and may be read into the record at the time they are received.
3. To speak at the meeting in person, please complete a Speaker Card located at the entrance to the Council Chamber and submit it 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 (650) 991-8078 as soon as possible.
CALL TO ORDER
The City of Daly City acknowledges that we are on the ancestral lands of the Ramaytush (rah- my-toosh) Ohlone (O-lon-ee) peoples. We recognize their enduring connection to this region and honor their history, culture, and contributions. As the Indigenous protectors of this land, we affirm their sovereign rights as the original inhabitants of this land and pay respects to the Ancestors, Elders, and Relatives of the Ramaytush Ohlone peoples.
PLEDGE TO THE FLAG:
Agenda – City Council
Monday, April 14, 2025
ROLL CALL:
PRESENTATIONS:
1. Proclamation: Fair Housing Month - Jakob Uriarte, Project Sentinel
2. Proclamation: Autism Awareness Month
APPROVAL OF MINUTES:
3. Regular Meeting of March 24, 2025
APPROVAL OF AGENDA:
4. Regular Meeting of April 14, 2025
ORAL COMMENT:
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:
5. Update Resolution No. 03-41 to Increase Deposit for Candidate Statement Costs for City Council, City Clerk and City Treasurer
6. Amend Traffic Regulation to Install a 15-ft. No Parking (red) Zone on the West Side of Allan Street, North of Geneva Avenue (TSR24/32)
7. Approve Time Extension for Major Subdivision SUB-8-20-15634, Use Permit UPR-8-20-14642, and Design Review DR-8-20-14636 — 14 Three-Story Townhomes at 141 3rd Avenue
8. Approve Time Extension for Major Subdivision SUB-12-20-14799, Use Permit UPR-7-19- 14111, and Design Review DR-7-19-14112 — 6098 Mission Street Mixed-Use Building
9. Authorize the City Manager to Execute Agreements to Purchase and Finance New Emergency Response Apparatus
10. Accept Notice of Completion for the ADA, Sidewalk, and Parking Lot Improvements Project
Agenda – City Council
Monday, April 14, 2025
11. Authorize Agreement with the County of San Mateo for Warrants Records Processing Services for the Police Department for FY 2025/26
12. Authorize Construction Inspection Support Services with Haley & Aldrich for Water Main Improvement Project for San Diego, Santa Cruz, Guadalupe & St. Francis
13. Authorize the City Manager to Execute Second Amendment to the Agreement for the Installation of Conduit with Intermountain Infrastructure Group, LLC
14. Set Time and Place for a Public Hearing to Consider One-Year HUD Action Plan for Fiscal Year 2025-26 (Set Time: May 27, 2025)
Check Registers:
15. Check Registers for the Month of Feb 2025
16. Check Registers for the Month of Mar 2025
END OF CONSENT AGENDA
AWARD OF BIDS/CONTRACTS:
17. Authorize the City Manager to Award Contracts for the Mussel Rock Stability Project
STAFF: Richard Chiu, Jr.
RECOMMENDATION: Adopt Resolution by Roll Call Vote
18. Authorize the City Manager to Execute a Construction Contract for the Fire Station 95 Diesel Fuel Tank Replacement Project
STAFF: Richard Chiu, Jr.
RECOMMENDATION: Adopt Resolution by Roll Call Vote
RESOLUTIONS:
19. Increase Funding for the Utility Rate Assistance Program to $50,000 and Appropriate $5,000 for FY 2025
STAFF: Tim Nevin
RECOMMENDATION: Adopt Resolution by Roll Call Vote
Agenda – City Council
Monday, April 14, 2025
APPOINTMENTS: Board/Commission Membership Committee Appointments
REPORTS:
20. Council Committee
21. City Council
22. Staff
ADJOURNMENT:
Proclamation
Fair Housing Month
WHEREAS, adequate housing is a basic need and right of all people; and WHEREAS,this year we celebrate the 57th Anniversary of the enactment of the Federal Fair Housing Act of 1968 (Title VIII of the Civil Rights Act), which states that discrimination in the sale and rental of housing is illegal when based on race, color, religion, sex, or national origin; and
WHEREAS, the Fair Housing Amendments Act of 1988 expands fair housing rights to include protection against discrimination based on familial status for families with children, and on the basis of disability for individuals with disabilities; and WHEREAS,California statutes additionally protect citizens on the basis of age, marital status, sexual orientation, gender identity, and source of income; and California celebrates the 65th Anniversary of the Fair Employment and Housing Act (FEHA); and WHEREAS,the City of Daly City supports fair housing efforts to eliminate discrimination in housing and recognizes the benefits of Project Sentinel to educate home seekers, apartment managers, and apartment owners on federal and state housing laws, and to investigate complaints of illegal housing discrimination in Daly City; and WHEREAS,in order to heighten public awareness, the City of Daly City wishes to focus public attention on April as Fair Housing Month.
NOW, THEREFORE, I, DR. RODERICK DAUS-MAGBUAL, Mayor, and members of the City Council of the City of Daly City, do hereby proclaim April 2025, as “Fair Housing Month” and do encourage all residents and community organizations to celebrate the value of harmonious and diverse communities of neighbors and to support the goal of equal housing opportunity for all people.
Signed and sealed by the Mayor and City Council of the City of Daly City this 14th day of April 2025.
Dr. Roderick Daus-Magbual, Mayor
Glenn R. Sylvester, Vice Mayor
Juslyn C. Manalo, Councilmember
Pamela DiGiovanni, Councilmember
Teresa G. Proaño, Councilmember
Proclamation
Autism Awareness Month
WHEREAS, autism spectrum disorder (ASD) is a complex developmental condition that affects communication, behavior, and social interaction, and is estimated to affect 1 in 36 children in the United States, according to the CDC; and
WHEREAS,individuals with autism are valued members of our community who contribute their unique talents and perspectives in meaningful and diverse ways; and WHEREAS, raising public awareness, understanding, and acceptance of autism is essential to creating inclusive environments where individuals with autism and their families feel supported and empowered; and
WHEREAS,early diagnosis and intervention, high-quality services, and evidence-based practices can significantly improve outcomes for individuals with autism; and WHEREAS,Autism Awareness Month provides an important opportunity to promote advocacy, celebrate neurodiversity, and recognize the efforts of individuals, families, educators, healthcare providers, and organizations who work tirelessly to support those affected by autism; and
WHEREAS,the symbol of the puzzle piece and the color blue have become widely recognized emblems of autism awareness, encouraging unity and education throughout the month of April.
NOW, THEREFORE, I, DR. RODERICK DAUS-MAGBUAL, Mayor, and members of the City Council of the City of Daly City, do hereby proclaim April 2025 as “Autism Awareness Month” and encourage all citizens to learn more about autism and take action to create a more inclusive and supportive society for all.
Signed and sealed by the Mayor and City Council of the City of Daly City this 14th day of April 2025.
Dr. Roderick Daus-Magbual, Mayor
Glenn R. Sylvester, Vice Mayor
Juslyn C. Manalo, Councilmember
Pamela DiGiovanni, Councilmember
Teresa G. Proaño, Councilmember
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MARCH 24, 2025
--------------------------------
Note on Public Comments:
To provide public comments, members of the public have the option to- 1) attend in person, 2) email the City Clerk, or 3) submit comments through the public comment portal on the City’s website. Persons with disabilities who require auxiliary aids or services in attending or participating in this meeting are instructed to call the office of the City Clerk at 991-8078 prior to the meeting.
Visit https://www.youtube.com/@DalyCityGov/streams to view the City Council meeting
CALL TO ORDER:
Mayor Daus-Magbual called the regular meeting to order at 7:00 P.M. and read the City’s Land Acknowledgement:
The City of Daly City acknowledges that we are on the ancestral lands of the Ramaytush (rah -my-toosh) Ohlone (O-lon-ee) peoples. We recognize their enduring connection to this region and honor their history, culture, and contributions. As the Indigenous protectors of this land, we affirm their sovereign rights as the original inhabitants of this land and pay respects to the Ancestors, Elders, and Relatives of the Ramaytush Ohlone peoples.
ROLL CALL: Councilmembers Present:
Roderick Daus-Magbual, Mayor
Glenn R. Sylvester, Vice Mayor
Pamela DiGiovanni
Juslyn C. Manalo
Teresa G. Proaño
Staff Present:
Thomas J. Piccolotti, City Manager
Rose L. Zimmerman, City Attorney
K. Annette Hipona, City Clerk
APPROVAL OF MINUTES:
Regular Meeting of March 10, 2025
It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried to approve the minutes of March 10, 2025.
APPROVAL OF AGENDA:
It was moved by Councilmember Proaño, seconded by Councilmember Manalo and carried to approve the agenda.
CONSENT AGENDA:
It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried to approve the consent agenda.
Communications:
Receive and File Housing Successor Agency Annual Report For Fiscal Year 2023-2024
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MARCH 24, 2025
2 Resolutions:
Set Time and Place of Public Hearing Regarding Linda Vista Area of Benefit Fiscal Year 2025-2026 (Set Time: 5/12/25)
Resolution 25-41, Setting Time And Place Of Public Hearing Re: Approve Engineer’s Report And To Establish The Annual Benefit Assessments For The Linda Vista Area For Fiscal Year 2025-2026
Accept and Appropriate $800,000 from HUD Community Project Funding Grant for Childcare Center at 1401 Sullivan Street
Resolution 25-42, Accepting And Appropriating $800,000 From The Community Project Funding Grant For Childcare Center At 1401 Sullivan Street
Set Time and Place for a Public Hearing to Consider One -Year HUD Action Plan for Fiscal Year 2025-26 (Set Time: 5/12/25)
Resolution 25-43, Setting Time And Place Of Public Hearing To Consider One-Year HUD Action Plan For Fiscal Year 2025/2026 To Reflect The Use Of CDBG And Home Funds
Set Time and Place of Public Hearing – Proposed Increases and Updates to the Master Fee Schedule (Set Time: 4/28/25)
Resolution 25-44, Setting Time And Place Of Hearing Re: Proposed Increases And Updates To The Master Fee Schedule
END OF CONSENT OF AGENDA
COMMUNICATIONS:
Approval of First Amendment to Exclusive Rights Negotiating Agreement (ERNA) between the City of Daly City and JM McLennan Development for Property at 1837 Junipero Serra Boulevard
Director of Economic & Community Development Tatum Mothershead provided the staff report to approve an additional six-month extension of the ERNA between the City and developer JM McLennan.
Mothershead addressed questions on the progress of the project.
Robert McLennan, JM McLennan Development, addressed questions on the status of and various components of the project, opportunities for union labor, potential revenue from a conference/event center, and the size of the project.
Cynthia Gomez spoke about Unite Here Local 2’s perspective of hotel projects and noted the developer has not conducted outreach to or secured support from Unite Here Local 2. Cynthia questioned whether the space is better suited for more housing instead of hotel space in order to fill a need.
It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to adopt the resolution.
Resolution 25-45, Approving First Amendment To Exclusive Rights Negotiating Agreement Between The City Of Daly City And JM McLennan Development For Property At 1837 Junipero Serra Boulevard
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MARCH 24, 2025
3 Finding of Public Convenience and Necessity PCN-10-24-16665 to Sell Alcoholic Beverages for Off- Site Consumption at Sprouts Farmer’s Market at 301 Gellert Boulevard (Type 21 License)
Assistant Planner Brian Paland provided the staff report for a request by Sprouts Farmer’s Market to upgrade their existing Type 20 liquor license (for beer and wine only) to a Type 21 license (for distilled spirits) at the subject location. Paland addressed questions on reports of high crime in the area, locations with liquor licenses adjacent to the site and the type of license they carry, and police reports in the area.
Terri Dickerhoff, representative for Sprouts, addressed questions on the item being brought back to Council from a previous meeting, why Sprouts is requesting the license, whether the Type 21 license affects Sprouts’ profits and product selection, and the dedicated space for alcoholic products in the store.
Acting Chief Cameron Christensen addressed questions on the 44 police reports taken at 301 Gellert Boulevard over the last five years, the nature of those police reports, whether they were alcohol- related incidents, and whether there were incidents resulting from liquor being sold in the area.
It was moved by Councilmember Manalo , seconded by Councilmember Proaño and carried by unanimous roll call vote to adopt the resolution.
Resolution 25- 46, Adopting Findings In Response To An Application For A Type 21 Liquor License – Sprouts Farmer’s Market At 301 Gellert Boulevard
Resolution to Adopt a City Council Internal Discipline and Censureship Policy
City Attorney Rose Zimmerman provided the staff report on a policy to establish a clear, fair and transparent process for the Council to formally express disapproval of a Councilmember’s conduct when appropriate. The censure policy, which promotes accountability and maintains ethical standards, has been reviewed by the Ethics Committee comprised of the Mayor and Vice Mayor whose feedback is reflected in the draft resolution. Zimmerman addressed questions on whether the City looked at other jurisdictions’ policies when drafting its own policy.
The Council thanked Mayor Daus-Magbual, Vice Mayor Sylvester and the committee for the work and time they dedicated preparing a formalized policy for the City Council.
It was moved by Mayor Daus-Magbual, seconded by Councilmember Manalo and carried by unanimous roll call vote to adopt the resolution.
Resolution 25-47, Approving The City Council Internal Discipline And Censureship Procedure Policy
REPORTS:
Council Committee
Water Issues Committee (Sylvester/Manalo)
City/County Association Governments (C/CAG) (Manalo)
Bay Area Water Supply & Conservation Agency (BAWSCA) (Manalo)
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MARCH 24, 2025
4 City Council
Councilmember Proaño reported attendance at the following: the Daly City Colma Chamber of Commerce Crab Feed to raise money for scholarships; the Daly City Public Library Associates’ (DCPLA) St. Patrick’s Day event to raise money for the libraries and the youth, featuring speaker Jackie Speier; the 100-year anniversary and mass celebration of Our Lady of Perpetual Help (OLPH) Church, along with Councilmembers Manalo and DiGiovanni; and the Skyline College President’s Council event, acknowledging Mayor Daus-Magbual.
Councilmember DiGiovanni reported attendance at the following: the DCPLA event where Jackie Speier donated the proceeds from her book sales to the libraries, and the OLPH celebration, congratulating OLPH on their 100-year anniversary and acknowledging Archbishop Cordileone.
Councilmember Manalo reported attendance at the following: a press conference at Daly City BART Station with Senator Weiner to advocate for transit -oriented development (SB 79); the 100-year anniversary and mass celebration of OLPH , thanking Councilmember Proaño for the invitation ; the DCPLA’s annual St. Patrick’s Day event, recognizing Jackie Speier for her donation from book proceeds; the Japantown Cultural District Visitor Center opening along with Mayor Flores, Councilmember Addiego, and Supervisor Canepa, and to highlight Daly City’s Sister City, Izumisano; the grand opening of Willy’s Catering & Restaurant along with Mayor Daus -Magbual and Vice Mayor Sylvester; a meeting with a student member of Boy Scouts of America who requested an interview with Manalo; the Miss Glamorous International Pageant where Manalo served as a judge; the Skyline President’s Council event for the youth; and the launch of a public transit ballot measure from Senators Weiner and Arreguin, along with co-sponsor Assemblywoman Stefani and Supervisor Corzo. Manalo congratulated Mayor Daus- Magbual on his amazing State of the City address.
Vice Mayor Sylvester reported attendance at the following: the St Patrick’s Day luncheon by DCPLA where he presented the organization with a certificate, and recognized Councilmember Proaño for her work on the board; and the grand opening of Willy’s Catering & Restaurant.
Mayor Daus-Magbual reported on the Skyline President’s Breakfast, where the Mayor presented a proclamation to the President’s Board, thanking them and the staff for all their work, and thanking City Manager Piccolotti and his staff, including department heads, for making the City Stars tier level donation of $10,000. Dr. Daus-Magbual reported on upcoming events: the Women’s History Month celebration at City Hall on March 27; the Arab American Heritage Month celebration at City Hall on April 5; the Arts & Culture Commission’s 10-year anniversary on April 8, and the virtual Cannabis Equity Meeting #2 on April
9. Dr. Daus-Magbual referred to the State of the City address and expressed pride in what the City has accomplished together as a community, in the goals it has met, thanked his colleagues, and felt honored to be in his position.
Staff
City Manager Piccolotti referred to the amount of Daly City residents being educated by Skyline College and noted the City’s donation to the President’s Council being in line with the City’s mission of looking towards the future by investing in its youth and residents. Piccolotti commended the Mayor’s State of the City address.
CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
MARCH 24, 2025
5 ADJOURNMENT:
Mayor Daus-Magbual adjourned the meeting at 8:30 PM in memory of David Albert Taylor.
Approved as submitted, this 14th
City Clerk
day of April , 2025.
Roderick Daus-Magbual
Mayor
City Council Agenda ReportItem # _____
Meeting Date: April 14, 2025
Subject: Update Resolution No. 03-41 to Increase Deposit for Candidate Statement Costs for City Council, City Clerk and City Treasurer
Recommended Action
Amend Resolution No. 03-41, “Estimate Costs of Candidate Statements Paid in Advance” and authorize an increase in the deposit for printing costs of candidate statements paid in advance. The City Clerk recommends the deposit be increased from $1000 to $2500 for City Council, and from $1000 to $4000 for City Clerk and City Treasurer.
Background
In 2003, the City Council adopted Resolution 03-41 which amended the deposit for estimated printing costs from $500 to $1000 due to printing cost increases from prior years, including a Federal requirement that San Mateo County Elections print all candidate statements in English, Spanish and Chinese. The Filipino language also became a requirement in 2022 San Mateo County Elections factored in all invoices for the production of the 2024 Presidential General Election Sample Ballot and Official Voter Information Pamphlet to determine the exact cost of the candidate statements. The table in Attachment A itemizes these candidate costs. In 2024, the average cost for the candidate statement in Daly City was $1903 for City Council and $3590 for City Treasurer and City Clerk. The total cost of printing candidate statements for the election ($14,795.75) exceeded the revenue collected from deposits by $ 8,795.75.
In the event of overpayment, the elections official shall refund the candidate the excess amount paid upon receipt of the invoice from the San Mateo County Election’s Office.
Discussion
The City Clerk recommends that the City Council approve amending Resolution No. 03-41 raising the deposit for estimated costs of candidate’s statements paid in advance due to the increase in translation and printing costs owed to San Mateo County Elections.
Staff is available to provide any additional information desired by the Mayor or City Councilmembers.
Respectfully submitted,
K. Annette Hipona
City Clerk
City Council Agenda ReportItem # _____
Risel
Meeting Date: April 14, 2025
Subject: Amend Traffic Regulation to install a 15-ft. No Parking (red) Zone on the west side of Allan Street, north of Geneva Avenue (TSR24/32).
Recommended Action
Recommend the City Council amend the City’s traffic regulation to install a 15-ft. No Parking (red) Zone on the west side of Allan Street, north of Geneva Avenue (TSR 24/32).
Background
Between March 13, 2024 and December 12, 2024, the City’s Traffic Safety Committee met and reviewed various requests for traffic improvements, signage and pavement markings, and recommended that the City Manager proceed with amending the aforementioned traffic regulation.
Discussion
The amendment to the traffic regulation is recommended for the following reason:
The City received a complaint about trucks and trailers hitting resident’s cars at the intersection of Allan Street and Geneva Avenue. Installing the red zone on the west side of Allan Street will allow trucks to more safety turn onto Allan Street from westbound Geneva Avenue.
Fiscal Impact
Funding is available for the proposed marking in the Street Maintenance operating budget 17-314- 330 for the current Fiscal Year 2024-2025.
Summary/Conclusion
Recommend the City Council amend the aforementioned traffic regulations.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Shirley Chan Richard Chiu, Jr.,
Traffic Engineer Director of Public Works
Attachment: Traffic Improvements Location Map
THE CITY OF DALY CITY
City Council Meeting Agenda ReportItem # _____
Meeting Date: April 14, 2025
Subject: Time Extension for Major Subdivision SUB-8-20-15634, Use Permit UPR-8-20- 14642, and Design Review DR-8-20-14636 — 14 Three-Story Townhomes at 141 3rd Avenue
Recommended Action
Approve the Time Extension to April 24, 2027, subject to the Findings and Conditions adopted by the City Council on April 24, 2023.
Background
On April 24, 2023, the City Council approved construction of 14 three-story townhomes on a vacant 0.71-acre site located at 141 3rd Avenue. The approval consisted of amending the City’s General Plan Land Use Map to Residential – Medium Density (R-MD) and rezoning the property to R-3 - Multiple-Family Residential District. While the General Plan amendment and rezoning do not expire, the subdivision map, use permit to allow an airspace subdivision, and design review require time extensions to keep all the project entitlements valid.
On March 17, 2025, the applicant filed for a time extension citing issues related to building material costs and the lack of stability caused by federal tariffs being placed on these materials.
The applicant is seeking a two-year extension on Major Subdivision SUB-8-20-15634, Use Permit UPR-8-20-14642, and Design Review DR-8-20-14636. Staff is therefore recommending the City Council grant the time extensions sought with a new expiration date set for April 24, 2027.
Respectfully submitted,
Michael Van Lonkhuysen Tatum Mothershead
Planning Manager Director of Economic and Community
Department
G:\Planning\Current Planning Projects\141 Third Avenue - 14 Townhomes\cc041425.mtv.doc
City Council Meeting Agenda ReportItem # _____
Meeting Date: April 14, 2025
Subject: Time Extension for Major Subdivision SUB-12-20-14799, Use Permit UPR-7-19- 14111, and Design Review DR-7-19-14112 — 6098 Mission Street Mixed-Use Building
Recommended Action
Approve the Time Extension to April 26, 2027, subject to the Findings and Conditions adopted by the City Council on September 9, 2019.
Background
In October 2016 the Planning Commission and City Council approved a six-story mixed-use building comprised of 36 apartment (rental) units and 1,568 square foot retail space on a 0.25-acre vacant lot located at the northeast corner of Mission and Goethe. Although construction drawings for the project have been plan checked by the Building Division, permits have not been issued.
Because the October 2016 project approval expired, the applicant renewed the approval in September 2019, with an expiration date occurring one year later in September 2020. In response to the Covid-19 pandemic, the State Legislature adopted Assembly Bill 1561, granting additional extensions to February 6, 2022. The applicant subsequently sought and received City Council approval to extend the expiration date of the entitlements again to April 26, 2025, citing issues related to the residual impacts of the Covid-19 Pandemic.
On March 31, 2025, the applicant filed for an addition time extension, citing issues related to the requirement that the building permit plans be upgraded to the latest code requirements. The applicant is seeking a two-year extension on all approvals, including Major Subdivision SUB-12- 20-14799. Staff is therefore recommending the City Council grant the time extensions sought with a new expiration date set for April 26, 2027.
Respectfully submitted,
Michael Van Lonkhuysen Tatum Mothershead
Planning Manager Director of Economic and Community
Department
City Council Meeting Agenda ReportItem # _____
Meeting Date: April 14, 2025
Subject: Authorize the City Manager to Execute Agreements to Purchase and Finance New Emergency Response Apparatus
Recommended Action
Authorize the City Manager to execute agreements with Community Leasing Partners and Golden State Fire Apparatus, Inc for the purchase and financing of new emergency response apparatus.
Background
Fire apparatus from the Pierce Fire Apparatus Company are needed to replace aging emergency response vehicles. The current estimated time of order to delivery of new fire apparatus is estimated to be as much as 4 years, which necessitates the current order request. The North County Fire Authority researched various options for financing the new fire apparatus. Finance and Fire staff then engaged Community Leasing Partners out of Manhattan, KS regarding financing options.
Financing options were identified with a five-year financing agreement being selected.
Discussion
The emergency response vehicles identified for purchase are 2 Pierce fire engines, 1 Pierce tiller ladder truck, and 1 rescue unit from Golden State Fire Apparatus, Inc. out of Sacramento, CA. The total cost proposal for the emergency response apparatus is $5,758,508.51. The City is able to secure discounts through purchasing multiple units at once and from Sourcewell Consortium for a savings of $700,950.60 for the final amount costing $5,057,557.91. Financing options were identified with a five-year financing agreement selected. The first payment for the Fire apparatus will not be due until August 1, 2026. The interest rate within the financing agreement will be
4.99%, and the annual payment will be $1,185,473.27, for a total payment of $5,927,366.35. The proposed new emergency response vehicles will replace front-line Fire apparatus and place 2 Fire engines and 1 tiller ladder truck into reserve with the current rescue unit being removed from the fleet. A major price increase will occur on May 1, 2025, with Pierce Fire Apparatus unable to estimate precisely the overall increased cost. Ordering prior to the price increase will save hundreds of thousands of dollars on the new Fire apparatus.
Fiscal Impact
The cost of the new emergency response apparatus will be funded through the Vehicle Replacement Fund and will be included in the normal budget cycle request starting FY 2027. There is no penalty to pay off the balance due prior to the end of the five-year term, after the first payment has been made.
Summary/Conclusion
The acquisition of new Fire apparatus will be an enhancement to the fleet, and financing of the apparatus will eliminate the normally required upfront costs. Staff recommends that the City
City Council Agenda Report
Subject: Authorize the City Manager to Execute Agreements to Purchase and Finance New Emergency Response Apparatus
Meeting Date: April 14, 2025
Council authorize the City Manager to execute agreements with Community Leasing Partners and Golden State Fire Apparatus, Inc for the financing of the new emergency response apparatus.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Ron D. Myers Timothy J. Nevin
Fire Chief Director of Finance and Administrative Services Attachments: Attachment A: Golden State Fire Apparatus Inc Quote Attachment B: Community Leasing Partners Financing Proposal
www.goldenstatefire.com
7400 Reese Road
Sacramento, CA 95828
Office 916.330.1638
Fax 916.330.1649
NORTH COUNTY FIRE AUTHORITY (Daly City)
Golden State Fire Apparatus/ Pierce Manufacturing Quote Information March 14, 2025
The following quote is for:
▪ Two (2) Build To Order, Pierce Enforcer Type 1 Engines ▪ One (1) Build To Order, Pierce Enforcer 107’ Ascendant Tractor Drawn Aerial Apparatus The following quote includes the following:
▪ Third party surety performance bond.
▪ Delivery of vehicle’s from the factory to dealership. Pre-delivery inspection at the dealership. ▪ Final delivery to customer location.
▪ DMV registration.
▪ State sales tax.
▪ California tire fee.
▪ Type 1 Engines:
Current day (match as close as possible after customer requested changes) Type 1 Engine to on order Pierce job 39374.
Pre-construction conference at customer location.
One factory final inspection trip for four (4) customer representatives. Duplicate to previous job 39374 loose equipment and hose compliment. $20,000.00, per unit, customer contingency fund.
Current day, vehicle completion is approximately 49 to 52 months from time of order. ▪ Tractor Drawn Aerial
Current day (match as close as possible after customer requested changes) TDA to previous job 32966.
One factory pre-construction conference trip for four (4) customer representatives. One factory final inspection trip for four (4) customer representatives. $50,000.00, per unit, customer contingency fund.
Current day, vehicle completion is approximately 45.5 to 48.5 months from time of order Attachment A: Golden State Fire Apparatus Inc Quote
www.goldenstatefire.com
7400 Reese Road
Sacramento, CA 95828
Office 916.330.1638
Fax 916.330.1649
100% PRE-PAYMENT OPTION
PAYMENT DUE WITHIN FIFTEEN (15) DAYS AFTER RECIEPT OF ORDER NOTE: Quote is valid thru end of business on April 30, 2025 # Description Daly City
A Two (2) Pierce Enforcer Type 1 Engines $2,446,644.72
B Discount For Sourcewell Consortium Purchase ($18,288.00) C One (1) Pierce Enforcer 107’ Ascendant Tractor Drawn Aerial Apparatus $2,556,637.93 D Discount For Sourcewell Consortium Purchase ($21,278.49) E Discount For 100% Pre-Payment ($675,330.10)
F Discount For Multi Three Unit Purchase ($67,405.66)
G SUBTOTAL $4,220,980.40
9.875% State Sales Tax $416,821.82
California Tire Fee $35.00
Performance Bond $10,923.00
GRAND TOTAL $4,648,760.22
Attachment A: Golden State Fire Apparatus Inc Quote
www.goldenstatefire.com
7400 Reese Road
Sacramento, CA 95828
Office 916.330.1638
Fax 916.330.1649
NORTH COUNTY FIRE AUTHORITY (Daly City)
Golden State Fire Apparatus/ Pierce Manufacturing Quote Information March 14, 2025
The following quote is for:
▪ One (1) Build To Order, Skeeter EV – Ford Rescue Vehicle The following quote includes the following:
▪ Video pre-construction conference with Skeeter factory representative. ▪ Third party performance bond
▪ One factory final inspection trip for two (2) customer representatives. ▪ Delivery of vehicle from the factory to dealership. Pre-delivery inspection at the dealership. ▪ Final delivery to customer location.
▪ DMV registration.
▪ State sales tax.
▪ California tire fee.
▪ Current day, vehicle completion is approximately 26 to 28 months from time of order.
100% PRE-PAYMENT AT TIME OF ORDER
PAYMENT DUE WITHIN FIFTEEN (15) DAYS AFTER THE ORDER IS PLACED
NOTE: Quote is valid thru end of business on April 30, 2025. # Description Daly City
A Skeeter EV Ford Rescue Vehicle $397,488.93
B Discount For HGAC Consortium Purchase ($3,935.53)
C Discount For 100% Pre-Payment ($25,620.50)
9.875% State Sales Tax $36,333.7
California Tire Fee $7.00
Performance Bond $4,524.09
GRAND TOTAL $408,797.69
Attachment A: Golden State Fire Apparatus Inc Quote
Phone: 888.777.7850
Fax: 888.777.7875
Cell: 785.313.3154
www.clpusa.net
Customer Name:
Sales Representative:
•
•
•
Blake J. Kaus
Vice President & Director of Leasing
[email protected]
A Division of Community First National Bank - Member FDIC THERE ARE NO DOCUMENTATION OR CLOSING FEES ASSOCIATED WITH THIS PROPOSAL.
This proposal has been prepared assuming the lessee is bank qualified and that the proposed lease qualifies for Federal Income Tax Exempt Status for the Lessor under Section 103 of the IRS Code.
Thank you for allowing Community Leasing Partners the opportunity to provide this proposal. If you have any questions regarding the options presented, need additional options, or would like to proceed with a financing, please contact me at 888.777.7850.
Respectively,
The quoted interest rate is valid for 10-days from the date of the proposal. To lock in the interest rate, a credit submission would be required, and a credit approval attained within the same 10-day period. This financing is to be executed & funded within 30 days of the date of the proposal or Lessor reserves the right to adjust the interest rate. The proposal is subject to credit review and approval and mutually acceptable documentation.
Equipment:
5,057,557.91$
August 1, 2026
0.2343960.372668
4.99%
3 $1,884,790.91
March 14, 2025
Interest Rate:
Option 1
Daly City, CA
15Term in Years: 10 12
0.200000
4.99% 4.99%
Matt Peterson, BC
$886,948.31
Amount Financed:
0.00%
5,758,508.51$
Community Leasing Partners, a Division of Community First National Bank , is pleased to present the following financing options for your review and consideration.
Two Pierce Enforcer Type I Engines, One Pierce Enforcer 107' Ascendant TDA & One Skeeter EV - Ford Rescue Vehicle
AnnualTotal Cost:
0.175371Factor:
5 Option 2
Delivery: Brush Truck - 2 years, Balance - 4 years
First Payment:
$1,011,511.58
Payment Frequency:
Amount Financed:
-$
700,950.60$
5,057,557.91$
0.116320 0.083333
215 S. Seth Child Road
Manhattan, KS 66502
Payment: $673,186.96
August 1, 2026
Annual
5 $1,185,473.27
Term in Years:
Payment:
7 Total Cost:
Down Payment:
Prepayment Discount:
Jon Bauer @ Golden State
Interest Rate: 0.00%
700,950.60$
Factor:
5,758,508.51$ Payment Frequency:
0.133105
$588,294.50
Down Payment:
Prepayment Discount:
12 -$ First Payment:
0.066667
$421,463.16
5.24% 5.26% 0.00%
$337,170.53
Attachment B - Community Leasing Partners Financing Proposal
City Council Agenda ReportItem # _____
Meeting Date: April 14, 2025
Subject: Notice of Completion for the ADA, Sidewalk, and Parking Lot Improvements Project Recommended Action
Staff recommends that the City Council authorize the filing of the Notice of Completion and accept the improvements completed for the ADA, Sidewalk, and Parking Lot Improvements Project.
Background
The ADA, Sidewalk, and Parking Lot Improvements Project included the construction of ADA curb ramps and sidewalk improvements, School Street Improvements, and Parking Lot Resurfacing. The locations of the work done are shown in the Location Maps (Attachment 1). The design of the curb ramps and sidewalk improvements were combined with the parking lot work since the improvements are similar in nature and it was more cost effective to design for one large project.
The scope of work included the following:
1. ADA Curb Ramp and Sidewalk Improvements
The locations for curb ramp and sidewalk improvements were selected using a combination of resident feedback, the ADA Self-Evaluation and Transition Plan, Systematic Safety Analysis Report, and the Daly City Vision Zero Action Plan. The design of ADA curb ramps were in accordance with current Caltrans Standards.
2. School Street Improvements
The improvements on School Street include replacement of the brick banding, sidewalk, curb and gutter, tree well replacement, tree removal and installation, and new curb ramps at select locations on the street.
3. Parking Lot Resurfacing
The city-owned parking lot locations for this project were selected based on existing conditions and need of repair. The project re-graded and rehabilitated the parking lot surface as well as re-striped the parking lots such that they meet current Daly City and ADA standards.
On May 22, 2023, the City Council authorized the award of a construction contract to RK Engineering of San Francisco, California, in the amount of $1,109,091.00 to complete the ADA, Sidewalk, and Parking Lot Improvements Project.
Discussion
RK Engineering has completed all improvements required by the construction contract documents for a total amount of $1,182,574.03, including three change orders in the amount of $73,483.03. The total dollar value of the change orders is 6.6% of the original contract award of $1,109,091.00. The change orders were issued for construction method alteration, additional work relating to pavement repairs, additional cost due to weekend work being requested, and differences between estimated bid quantities and actual quantities.
Notice of Completion for the ADA, Sidewalk
and Parking Lot Improvements Project
Meeting Date: April 14, 2025
Fiscal Impact
The construction contract was completed in the amount of $1,182,574.03 with funds available in Transportation Fund CIP project account 17-314-601 ADA/Sidewalk Improvements and General Fund CIP project account 31-313-583 Parking Lot Improvement 2018-19.
Summary/Conclusion
The contractor’s work is now complete and acceptable for City maintenance. Staff recommends that the City Council authorize the filing of the Notice of Completion and accept the improvements completed for the ADA, Sidewalk, and Parking Lot Improvements Project.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Erick Reyes Richard Chiu, Jr.
Engineer 1 Director of Public Works
Attachments:
1. Project Location Map
2. Resolution
3. Notice of Completion
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY ACCEPTING
COMPLETION OF CERTAIN PROJECT IN THE
DEPARTMENT OF PUBLIC WORKS
(ADA, Sidewalk and Parking Lot Improvements Project)
A. The Project Manager has advised that the project set forth hereinafter has been completed in accordance with the terms of the contract with the City of Daly City and RK Engineering, Inc., a CA Corporation.
B. The City Council of the City of Daly City desires to acknowledge the completion of such project so that notice of completion may be given.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Daly City that pursuant to the above, the City of Daly City does hereby accept as complete the following described project:
ADA, SIDEWALK AND PARKING LOT IMPROVEMENTS PROJECT
BE IT FURTHER RESOLVED by the City Council of the City of Daly City that said project be, and it is hereby accepted as complete, and at the expiration of fifty-five (55) days from this date, final payment in connection with this project be, and it is hereby authorized, provided that all statutory liens, claims and withholds are satisfied pursuant to law.
I hereby certify the foregoing to be a true copy of a Resolution adopted by the City Council of Daly City, California, at a regular meeting thereof held on the day of , 2025, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO
OFFICE OF THE CITY CLERK
CITY OF DALY CITY
333 - 90th Street
Daly City, California 94015
Notice of Completion
NOTICE IS HEREBY GIVEN as follows:
1. The date of completion of the work of improvement is: April 14, 2025
2. The owner of the work of improvements is: City of Daly City, a Municipal Corporation.
3. The address of the owner of the work of improvement is: City Hall 333 - 90th Street
Daly City, California 94015
4. The nature of the owner’s interest or estate is: In fee.
5. The work of improvement is located in Daly City, California, and is particularly described as follows:
ADA, SIDEWALK, AND PARKING LOT IMPROVEMENTS PROJECT
The name of the original contractor for the work of improvement is:
RK Engineering, Inc.
1485 Bayshore Blvd., #127
San Francisco, CA 94124
Dated:
The undersigned, being duly sworn, says: That he is the owner of the aforesaid interest or estate in the property described in the foregoing notice; that he has read the same, and knows the contents thereof, and that the facts stated therein are true.
CITY OF DALY CITY, OWNER
Richard Chiu, Jr., Public Works Director
STATE OF CALIFORNIA,
COUNTY OF SAN MATEO}SS.
Subscribed and sworn to (or affirmed) before me on this day of , 2025 , by . , proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.
Signature
Name (Typed or Printed)
Notary Public in and for said County and State
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
City Council Meeting Agenda ReportItem # _____
Attachments: 1. County of San Mateo, Sheriff’s Office Criminal Records Bureau Services Agreement 2025/26 Meeting Date: April 14, 2025
Subject: Authorize Agreement with the County of San Mateo for Warrants Records Processing Services for the Police Department for FY 2025/26 Recommended Action
Staff recommends Council authorize the City Manager or designee to execute an agreement with the County of San Mateo for warrants records processing services for fiscal year 2025/2026 for the Police Department.
Background
Beginning in 2018, the Police Department entered into an agreement with the County of San Mateo, Sheriff’s Office Criminal Records Bureau, to manage warrant processing services.
Discussion
The Police Department submits criminal investigations to the court system, which in turn issues arrest warrants that are entered into law enforcement databases for local and national inquiry. In 2018, the department entered an agreement with County of San Mateo, Sheriff’s Office Criminal Records Bureau, to process our arrest warrants in the related database systems, and to complete any updates as warrant statuses changed. Additionally, the agreement includes warrant confirmation services 24-hours per day and 7-days a week. This service is a requirement for warrant processing and confirmations, and one that could not be done with current staffing and structure in the police department.
Fiscal Impact
Funds are available in the Police Department Operating Budget to cover the cost of $189,093.00 for warrant service processing for fiscal year 2025/2026.
Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully Submitted,
Cameron Christensen
Acting Chief of Police
County of San Mateo I Daly City Police Department
Agreement No. 30000-25-00438
AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND DALY CITY POLICE
DEPARTMENT
This Agreement is entered into this 01 day of July, 2025, by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called “County,” and Daly City Police Department, hereinafter called “Entity.”
* * *
Whereas, it is necessary and desirable that County perform work/services for Daly City Police Department for the purpose of providing Records Warrant services.
Now, therefore, it is agreed by the parties to this Agreement as follows:
1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:
Exhibit A—Services
Exhibit B—Payments and Rates
Services to be performed by County
In consideration of the payments set forth in this Agreement and in Exhibit B, County shall perform services for Entity in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.
2. Payments
In consideration of the services provided by County in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, Entity shall make payment to County based on the rates and in the manner specified in Exhibit B. In no event shall Entity’s s total fiscal obligation under this Agreement exceed One Hundred Eighty-Nine Thousand Ninety-Three Dollars ($189,093). In the event that the Entity makes any advance payments, County agrees to refund any amounts in excess of the amount owed by the Entity at the time of contract termination or expiration.
3. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 01, 2025, through June 30, 2026.
4. Termination
This Agreement may be terminated by County, by the County’s or his/her designee, or by Entity at any time without a requirement of good cause upon thirty (30) days’ advance written notice to the other party.
In the event of termination, County shall be entitled to receive payment for work/services provided prior to termination of the Agreement. Such payment shall be that prorated portion of the full payment determined by comparing the work/services actually completed to the work/services required by the Agreement.
County of San Mateo I Daly City Police Department
5. Relationship of Parties
It is expressly understood that this is an agreement between two independent contractors and that no agency, employee, partnership, joint venture or other relationship is established by this Agreement. The intent by both County and Entity is to create an independent contractor relationship.
6. Hold Harmless
a. General Hold Harmless
Entity shall indemnify and save harmless County and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Agreement, the performance of any work or services required of County under this Agreement, or payments made pursuant to this Agreement brought for, or on account of, any of the following:
(A) injuries to or death of any person, including Entity or its employees/officers/agents; (B) damage to any property of any kind whatsoever and to whomsoever belonging; (C) any sanctions, penalties, or claims of damages resulting from Entity’s failure to comply, if applicable, with the requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and all Federal regulations promulgated thereunder, as amended; or (D) any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of County and/or its officers, agents, employees, or servants. However, Entity’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.
The duty of Entity to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code. b. Intellectual Property Indemnification
Entity hereby certifies that it owns, controls, or licenses and retains all right, title, and interest in and to any intellectual property it uses or provides to County in relation to this Agreement, including the design, look, feel, features, source code, content, and other technology relating to any part of the services it provides under this Agreement and including all related patents, inventions, trademarks, and copyr ights, all applications therefor, and all trade names, service marks, know how, and trade secrets (collectively referred to as “IP Rights”) except as otherwise noted by this Agreement. Entity warrants that the information and materials it provides to County under this Agreement do not infringe, violate, trespass, or constitute the unauthorized use or misappropriation of any IP Rights of any third party. Entity shall defend, indemnify, and hold harmless County from and against all liabilities, costs, damag es, losses, and expenses (including reasonable attorney fees) arising out of or related to any claim by a third party that the information and materials provided to County under this Agreement infringe or violate any third -party’s IP Rights provided any such right is enforceable in the United States. Entity’s duty to defend, indemnify, and hold harmless under this Section applies only provided that: (a) County notifies Entity promptly in writing of any notice of any such third-party claim; (b) County cooperates with Entity, at Entity’s expense, in all reasonable respects in connection with the investigation and defense of any such third -party claim; (c) Entity retains sole control of the defense of any action on any such claim and all negotiations for i ts settlement or compromise (provided Entity shall not have the right to settle any criminal action, suit, or
County of San Mateo I Daly City Police Department
proceeding without County’s prior written consent, not to be unreasonably withheld, and provided further that any settlement permitted under this Section shall not impose any financial or other obligation on County, impair any right of County , or contain any stipulation, admission, or acknowledgement of wrongdoing on the part of County without County’s prior written consent, not to be unreasonabl y withheld); and (d) should services under this Agreement become, or in Entity’s opinion be likely to become, the subject of such a claim, or in the event such a third party claim or threatened claim causes Entity’s reasonable use of the services under this Agreement to be seriously endangered or disrupted, Entity shall, at Entity’s option and expense, either: (i) procure for Entity the right to continue using the information and materials without infringement or (ii) replace or modify the information and materials so that they become non-infringing but remain functionally equivalent.
The duty of Entity to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.
7. Assignability and Subcontracting
County shall not assign this Agreement or any portion of it to a third party or subcontract with a third party to provide services required by County under this Agreement without the prior written consent of Entity.
8. Insurance
a. General Requirements
Entity shall advise County of any insurance coverage requirements, and County shall provide evidence of appropriate coverage to Entity upon request.
b. Workers’ Compensation and Employer’s Liability Insurance Each party to this agreement shall have in effect during the entire term of this Agreement workers’ compensation and employer’s liability insurance providing full statutory coverage. In signing this Agreement, each party certifies, as required by Section 1861 of the California Labor Code, that (a) it is aware of the provisions of Section 3700 of the California Labor Code, which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of the Labor Code, and (b) it will comply with such provisions before commencing the performance of work under this Agreement.
c. Liability Insurance
County shall be self-insured during the term of this Agreement under such bodily injury liability and property damage liability insurance as shall reasonably protect County and all of its employees/officers/agents while performing work covered by this Agreement from any and all claims for damages for bodily injury, including accidental death, as well as any and all claims for property damage which may arise from County’s operations under this Agreement, whether such operations be by County , any subcontractor, anyone directly or indirectly employed by either of them, or an agent of either of them.
9. Retention of Records; Right to Monitor and Audit
(a) Each party shall maintain all required records relating to services provided under this Agreement for three (3) years after Entity makes final payment and all other pending matters are closed, and such records shall be subject to the examination and/or audit by the other party, a Federal grantor agency, and the State of California.
County of San Mateo I Daly City Police Department
(c) Each party agrees upon reasonable notice to provide to the other party, to any Federal or State department having monitoring or review authority, and/or to any of their respective audit agencies access to and the right to examine all records and documents necessary to determine compliance with relevant Federal, State, and local statutes, rules, and regulations, to determine compliance with this Agreement, and to evaluate the quality, appropriateness, and timeliness of services performed.
10. Merger Clause; Amendments
This Agreement, including the Exhibits and Attachments attached to this Agreement and incorporated by reference, constitutes the sole Agreement of the parties to this Agreement and correctly states the rights, duties, and obligations of each party as of this document’s date. In the event that any term, condition, provision, requirement, or specification set forth in the body of this Agreement conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any Exhibit and/or Attachment to this Agreement, the provisions of the body of the Agreement shall prevail. Any prior agreement, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications or amendments shall be in writing and signed by the parties.
11. Controlling Law; Venue
The validity of this Agreement and of its terms, the rights and duties of the parties under this Agreement, the interpretation of this Agreement, the performance of this Agreement, and any other dispute of any nature arising out of this Agreement shall be governed by the laws of the State o f California without regard to its choice of law or conflict of law rules. Any dispute arising out of this Agreement shall be venued either in the San Mateo County Superior Court or in the United States District Court for the Northern District of California.
12. Notices
Any notice, request, demand, or other communication required or permitted under this Agreement shall be deemed to be properly given when both: (1) transmitted via email to the email address listed below; and (2) sent to the physical address listed below by either being deposited in the United States mail, postage prepaid, or deposited for overnight delivery, charges prepaid, with an established overnight courier that provides a tracking number showing confirmation of receipt.
In the case of County, to:
Name/Title: Veronica Ruiz, Management Analyst
Address: 330 Bradford St, Redwood City, CA 94063
Telephone: 650-363-7819
Email: [email protected]
In the case of Entity, to:
Name/Title: Chief Cameron Christensen
Address: 333 90th Street, Daly City, CA 94015
Telephone: 650-991-8119
Email: [email protected]
13. Electronic Signature
County of San Mateo I Daly City Police Department
Both County and Contractor wish to permit this Agreement and future documents relating to this Agreement to be digitally signed in accordance with California law and County’s Electronic Signature Administrative Memo. Any party to this Agreement may revoke such agreement to permit electronic signatures at any time in relation to all future documents by providing notice pursuant to this Agreement.
* * *
County of San Mateo I Daly City Police Department
In witness of and in agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:
For Entity:
$docusign:SignHere:ag59:Customer
1 $docusign:DateSigned:ag59:Custo
mer1
$docusign:FullName:ag59:C
ustomer1
Entity Signature Date Entity Name (please print)
For County:
$docusign:SignHere:ag59:Internal
Signer
___________________________
Purchasing Agent Signature
(Department Head or
Authorized Designee)
County of San Mateo
$docusign:DateSigned:ag59:Internal
Signer
____________________________
Date
$docusign:FullName:ag59:Inter
nalSigner
_________________________
Purchasing Agent Name
(please print)
(Department Head or
Authorized Designee)
County of San Mateo
$docusign:Title:ag59:InternalSi
gner
_________________________
Purchasing Agent or
Authorized Designee
Job Title (please print)
County of San Mateo
Budget - 30161
County of San Mateo I Daly City Police Department
EXHIBIT A
SERVICES
In consideration of the payments set forth in Exhibit B, County shall provide the following services:
1. DESCRIPTION OF SERVICES TO BE PERFORMED BY COUNTY
In consideration of Daly City Police Department (DCPD) payment as set forth herein, the Sheriff will provide the following arrest warrant and telecommunications processing services for DCPD. Except as otherwise specifically set forth herein, such services shall only encompass duties and functions of the type coming within the jurisdiction of, and customarily rendered by the Sheriff’s Office Criminal Records Bureau.
A. Process DCPD’s arrest warrants and law enforcement telecommunications involving the services of the DCPD’s original warrants of arrest and bench warrants.
B. 24 hour a day, 7 days a week availability for document preparation, entries, verifications, abstracts, updates, court recalls, and purges of information from databases.
C. Warrant service will be processed via Records Bureau counter, telephone, and the Automated Warrant System (AWS), a Bay Area based operation.
D. Dissemination inquiries, confirmations, dispositions, and any other necessary functions will be processed through:
1.) California Law Enforcement Telecommunications Systems (CLETS).
2.) Wanted Persons Systems (WPS).
3.) Nationwide Crime Information Center (NCIC).
E. Report quarterly to DCPD with statistical information on warrants relating to DCPD in database.
2. RESPONSIBILITIES OF DCPD.
A. Submitting warrants with all pertinent information to the Sheriff’s Office Criminal Records Bureau.
B. Notification to all concerned and interested parties that DCPD’s warrant processing services are processed by the Sheriff’s Office Criminal Records Bureau.
C. If DCPD should desire to receive any service from the Sheriff not specifically mentioned in this Agreement, DCPD shall notify County in writing. If both parties agree to additional services and compensation rate, this Agreement may be amended accordingly before such services are implemented.
County of San Mateo I Daly City Police Department
EXHIBIT B
PAYMENTS AND RATES
1. AMOUNT AND METHOD OF PAYMENT
A. Daly City Police Department will pay County for active warrants. Payments will be made according to the following payment schedule:
Period Fee Due
July 1, 2025 – June 30, 2026 $189,093 Upon receipt of invoice
B. Sheriff’s Office Fiscal Services Bureau will submit to Entity an invoice for payment. Invoices will be either emailed or mailed to the following:
Chief Cameron Christensen
Daly City Police Department
333 90th Street, Daly City, CA 94015
Email: [email protected]
C. Payment must be received by County within 30 days of invoice date.
D. Payments and questions regarding invoicing shall be directed to the Sheriff’s Office Fiscal Services Bureau at (650) 599-1728 or mailed to:
San Mateo County Sheriff’s Office
Attn: Fiscal Services Bureau
330 Bradford St, 5th Floor
Redwood City, CA 94063
City Council Meeting Agenda ReportItem # _____
props
Meeting Date: April 14, 2025
Subject: Authorize Construction Inspection Support Services with Haley & Aldrich for Water Main Improvement Project for San Diego, Santa Cruz, Guadalupe & St. Francis Recommended Action
Authorize staff to enter into a professional services agreement with Haley & Aldrich to provide construction inspection and support services for two water main replacement projects: San Diego, Santa Cruz, Guadalupe Water Main Replacement Project & St. Francis Water Main Replacement Project. Haley & Aldrich’s proposal for both projects is $235,809. Staff however is also requesting and additional fifteen percent, $35,371.35 for any unforeseen changes that may arise for an amount not to exceed $271,180.35.
Background
In May of 2022, CSG Consultants were awarded a professional design services contract for San Diego, Santa Cruz and Guadalupe Water Main Replacement Project. Eight months later in January of 2023, the St.
Francis Water Main Replacement Project was authorized and added to CSG Consultants scope. The final bid set for both projects were completed, July 24, 2024, and both projects went out to bid. Bids for both projects were received in late August 2024, and Koios Engineering Inc. was the lowest responsible bidder. Pre- Construction meeting for this project was held with Koios Engineering Inc. on March 31, 2025. Both projects consist of installation of approximately 2,750 linear feet of 8” water distribution pipe, replacing service connections, valves, hydrants as well as resurfacing.
Discussion
In preparation for the water main replacement projects staff put together a request for proposal and sent it to Haley & Aldrich in February 2025 who was listed on an approved consultant list for construction inspection and observation services. Staff requested construction observation, daily field reports and soil compaction testing. Staff selected Haley & Aldrich as responsive, having project understanding, who can assist the daily inspection of both projects and provide the communication required.
Fiscal Impact
Sufficient funds are available in the Water Capital Fund, Main Rehab/Improvements: 41-385-752-4536 to provide for this action.
Summary/Conclusion
Authorize staff to enter into a professional services agreement with Haley & Aldrich to provide construction inspection and support services in the amount not to exceed $271,180.35.
Staff is available to provide any additional information if desired by the Mayor or Councilmembers.
Respectfully submitted,
Michael Patolo Joshua Cosgrove
Water & Wastewater Maintenance Manager Director of Water and Wastewater Resources
City Council Agenda Report
Subject: Authorize Construction Inspection Support Services with Haley & Aldrich for Water Main Improvement Project for San Diego, Santa Cruz, Guadalupe & St. Francis Meeting Date: April 14, 2025
Attachment 1: Proposal for St. Francis Water Main Replacement Construction Management & Construction Inspection/Support Services.
Attachment 2: Proposal for San Diego, Santa Cruz, and Guadalupe Water Main Replacement Project Construction Management & Construction Inspection/Support Services.
Attachment 3: City Standard Professional Agreement
HALEY & ALDRICH, INC.
,
www.haleyaldrich.com
04 March 2025
File No. 0207332-006
City of Daly City
Water & Wastewater Resources Department
153 Lake Merced Blvd.
Daly City, CA 94574
Attention: Michael T. Patolo
Plant & Equipment Maintenance Manager
Subject: Proposal for St. Francis Water Main Replacement Construction Management & Construction Inspection/Support Services
Dear Michael:
Haley and Aldrich (H&A) is pleased to this submit this fee estimate to fulfill the requirements of Daly City’s Request for Proposal for Construction Management & Construction Inspection/Support Services for the St. Francis Water Main Replacement Project (Daly City Project No. 2023-06-CS).
As a part of the fee estimate, we have limited quantities of some items in order to provide a defined budget number. The limitations put forth include, but are not necessarily limited, to the following:
• Construction Observations – Up to one-hundred and ninety-two (192) hours. • Daily Field Reports – Up to sixty-four (64) hours.
• Soil Compaction Testing – No more than two (2) days of on-site testing. • Field Inspections Travel – Up to eight (8) hours.
Testing and construction support in excess of the limits detailed above will be considered extra work and will require a mutually agreed upon change order to be executed between the city and H&A in order to be completed.
Per our discussion with the city, it is our understanding that certain tasks outlined in the city’s Request for Proposal (RFP) will be handled internally by the city and will not be required as part of the support services.
These tasks have been omitted from the fee estimate which include technical review of Contractor’s RFIs/RFCs and submitted shop drawings and quality assurance testing of asphalt concrete, Portland cement concrete, pip ing pressure, and bacteriological assessments. Additionally, a contingency has not been incorporated into the budget.
The estimated budget to perform the requested services for the project is provided in the attached Fee Estimate. This fee estimate submittal also includes preferred billing rates in comparison with our standard billing rates in the attached Billing Rate Schedule.
City of Daly City
04 March 2025
Should there be any questions or concerns regarding this fee estimate, please reach out to me at 925.393.3092 ([email protected]) or Edmond Babayan at 818.484.0593 ([email protected]).
Sincerely yours,
HALEY & ALDRICH, INC.
Scott D. Alman, PE
Sr. Principal
Edmond V. Babayan, PE
Assistant Project Manager
Attachments:
Fee Estimate
Billing Rate Schedule
https://haleyaldrich.sharepoint.com/sites/DalyCityCAcityof/Shared Documents/0207332.Daly City Water and Wastewater Department/0207332 -006.St. Francis CM Insp/Fee Estimate/Transmittal Letter/2025-03-04.0207332-006.St. Francis-2023-06-CS.Transmittal.docx
0207332-006.St Francis.2023-06-CS.Detail.xlsx Daly City - St. Francis Waterline Replacement Project Project No. 2023-06-CS
Category Name Rate Quantity Amount Quantity Amount Quantity Amount Quantity Amount Principal Alman, Scott D 320.00 33.00 10,560.00 3.00 960.00 2.00 640.00 2.00 640.00 Program Manager Buscheck, David B 280.00 7.00 1,960.00 4.00 1,120.00 Senior Technical Expert Filson, Lynne B 280.00
Technical Specialist Babayan, Edmond V 245.00
Technical Expert Lindeman, Justin 240.00
Project Manager Longoria, Ronaldo A 225.00 15.00 3,375.00 Project Professional Bustamante, Josielyn 190.00
Project Professional Flores, Peter A 190.00
Technical Specialist Babayan, Edmond V 190.00 15.00 2,850.00 2.00 380.00 Project Controls Clark, Andrea D 120.00 9.00 1,080.00 Project Support Brooding, Catherine B 110.00 7.00 770.00 1.00 110.00 2.00 220.00 Project Support Hovestadt, Maria T 110.00
Labor Total 64.00 15,785.00 25.00 5,770.00 7.00 1,870.00 6.00 1,240.00 Ground Transportation Bridge Toll 8.80
Expense Total
Unit Proctor - 4 Point 250.00
Unit Nuclear Density Gauge - Daily 100.00
Unit Truck - Daily 95.00
Unit Total
Grand Total: 15,785.00 5,770.00 1,870.00 1,240.00 0207332-006 - St. Francis Main Repl 2023-06-CS
PM DC Project N
Project Mangement Constructability Review
Constructability Review Meeting (City
& Design Team) Pre-Construction Conference
0207332-006.St Francis.2023-06-CS.Detail.xlsx Daly City - St. Francis Waterline Replacement Project Project No. 2023-06-CS
Quantity Amount Quantity Amount Quantity Amount Quantity Amount Quantity Amount Quantity Amount Quantity
40.00 12,800.00 8.00 2,560.00
11.00 3,080.00
7.00 1,960.00 7.00 1,960.00
4.00 960.00 4.00 960.00
15.00 3,375.00
8.00 1,520.00 8.00 1,520.00
1.00 190.00 6.00 1,140.00 8.00 1,520.00 32.00 6,080.00 8.00 1,520.00 12.00
9.00 1,080.00
10.00 1,100.00
7.00 1,960.00 13.00 2,670.00 6.00 1,140.00 8.00 1,520.00 136.00 31,955.00 16.00 4,080.00 12.00 1,960.00 2,670.00 1,140.00 1,520.00 31,955.00 4,080.00 Preparation of W
Reports
No. 2023-06-CS
PM DC Project No. 2023-06-CS
Subtotal
Review of Traffic Control Plans
Document Tracking (Log & Process of
Project Files) Punchlist Preparation Payment Review & Compliance (PW) Weekly Progress Meetings with
Contractors
0207332-006.St Francis.2023-06-CS.Detail.xlsx Daly City - St. Francis Waterline Replacement Project Project No. 2023-06-CS
Amount Quantity Amount Quantity Amount Quantity Amount Quantity Amount Quantity Amount Quantity Amount
8.00 2,560.00 6.00 1,920.00 192.00 47,040.00
8.00 1,520.00 16.00 3,040.00 2,280.00 12.00 2,280.00 8.00 1,520.00 64.00 12,160.00
1.00 110.00
2,280.00 20.00 4,840.00 15.00 3,550.00 192.00 47,040.00 64.00 12,160.00 8.00 1,520.00 16.00 3,040.00
2.00 17.60
2.00 17.60
1.00 250.00
2.00 200.00
2.00 190.00
5.00 640.00
2,280.00 4,840.00 3,550.00 47,040.00 12,160.00 1,537.60 3,680.00 Weekly Progress
for City
Periodic Progress Meetings with City
(Bi-Weekly) Review of Progress Payments Construction Observations Daily Field Reports Travel (Field Inspections) CM-Insp-Testing DC Project No. 2023-06-CS
Field QA Testing
0207332-006.St Francis.2023-06-CS.Detail.xlsx Daly City - St. Francis Waterline Replacement Project Project No. 2023-06-CS
Quantity Amount Quantity Amount Quantity Amount
22.00 7,040.00 62.00 19,840.00
11.00 3,080.00
7.00 1,960.00
192.00 47,040.00 192.00 47,040.00
4.00 960.00
15.00 3,375.00
24.00 4,560.00 24.00 4,560.00
8.00 1,520.00
4.00 760.00 108.00 20,520.00 140.00 26,600.00
9.00 1,080.00
10.00 1,100.00
1.00 110.00 1.00 110.00
4.00 760.00 347.00 79,270.00 483.00 111,225.00
2.00 17.60 2.00 17.60
2.00 17.60 2.00 17.60
1.00 250.00 1.00 250.00
2.00 200.00 2.00 200.00
2.00 190.00 2.00 190.00
5.00 640.00 5.00 640.00 760.00 79,927.60 111,882.60 Total
CM-Insp-Testing DC Project No. 2023-
06-CS Subtotal
As-Built Drawings
HALEY & ALDRICH, INC.
,
www.haleyaldrich.com
04 March 2025
File No. 0207332-007
City of Daly City
Water & Wastewater Resources Department
153 Lake Merced Blvd.
Daly City, CA 94574
Attention: Michael T. Patolo
Plant & Equipment Maintenance Manager
Subject: San Diego, Santa Cruz, and Guadelupe Water Main Replacement Project Construction Management & Construction Inspection/Support Services
Dear Michael:
Haley and Aldrich (H&A) is pleased to this submit this fee estimate to fulfill the requirements of Daly City’s Request for Proposal for Construction Management & Construction Inspection/Support Services for the San Diego, Santa Cruz, and Guadalupe Water Main Replacement Project.
As a part of the fee estimate, we have limited quantities of some items in order to provide a defined budget number. The limitations we are including include, but are not necessarily limited to the following:
• Construction Observation – Up to two-hundred and forty (240) hours. • Daily Field Reports – Up to eighty (80) hours.
• Soil Compaction Testing – No more than three (3) days of on-site testing. • Field Inspections Travel – Up to sixteen (16) hours.
Testing and construction support in excess of the limits detailed above will be considered extra work and will require a mutually agreed upon change order to be executed between the city and H&A in order to be completed.
Per our discussion with the city, it is our understanding that certain tasks outlined in the city’s Request for Proposal (RFP) will be handled internally by the city and will not be required as part of the support services.
These tasks have been omitted fr om the fee estimate which include technical review of Contractor’s RFIs/RFCs and submitted shop drawings and quality assurance testing of asphalt concrete, Portland cement concrete, piping pressure, and bacteriological assessments. Additionally, a continge ncy has not been incorporated into the budget.
City of Daly City
04 March 2025
The estimated budget to perform the requested services for the project is provided in the attached Fee Estimate. This fee estimate submittal also includes preferred billing rates in comparison with our standard billing rates in the attached Billing Rate Schedule.
Should there be any questions or concerns regarding this fee estimate, please reach out to me at 925.393.3092 ([email protected]) or Edmond Babayan at 818.484.0593 ([email protected]).
Sincerely yours,
HALEY & ALDRICH, INC.
Scott D. Alman, PE
Sr. Principal
Edmond V. Babayan, PE
Assistant Project Manager
Attachments:
Fee Estimate
Billing Rate Schedule
https://haleyaldrich.sharepoint.com/sites/DalyCityCAcityof/Shared Documents/0207332.Daly City Water and Wastewater Department/0207332 -007.SD-SC-Guad CM Insp/Transmittal Letter/2025-03-04.0207332-007.SD-SC- Guad.2022-05-CS.Transmittal.docx
0207332-007.SD-SC-Guad.Budget Detail.xlsx Daly City - San Diego, Santa Cruz, and Guadelupe Waterline Replacement Project Project No. 2022-05-CS
Category Name Rate Quantity Amount Quantity Amount Quantity Amount Quantity Amount Principal Alman, Scott D 320.00 7.00 2,240.00 1.00 320.00 2.00 640.00 2.00 640.00 Program Manager Buscheck, David B 280.00 1.00 280.00 2.00 560.00 Senior Technical Expert Filson, Lynne B 280.00
Technical Specialist Babayan, Edmond V 245.00
Technical Expert Lindeman, Justin 240.00
Project Manager Longoria, Ronaldo A 225.00 5.00 1,125.00 Project Professional Bustamante, Josielyn 190.00
Project Professional Flores, Peter A 190.00
Technical Specialist Babayan, Edmond V 190.00 1.00 190.00 2.00 380.00 Project Controls Clark, Andrea D 120.00 1.00 120.00 Project Support Brooding, Catherine B 110.00 1.00 110.00 2.00 220.00 2.00 220.00 Project Support Hovestadt, Maria T 110.00
Labor Total 14.00 3,595.00 3.00 790.00 6.00 1,420.00 6.00 1,240.00 Ground Transportation 8.80
Expense Total
Consultants EZ Compliance LLC 4,180.00
Consultant Total
Unit Proctor - 4 Point 250.00
Unit Nuclear Density Gauge - Daily 100.00
Unit Truck - Daily 95.00
Unit Total
Grand Total: 3,595.00 790.00 1,420.00 1,240.00 0207332-007 - SD SC Guad Main Repl 2022-05-CS
PM DC Project N
Project Mangement Constructability Review
Constructability Review Meeting (City
& Design Team) Pre-Construction Conference
0207332-007.SD-SC-Guad.Budget Detail.xlsx Daly City - San Diego, Santa Cruz, and Guadelupe Waterline Replacement Project Project No. 2022-05-CS
Quantity Amount Quantity Amount Quantity Amount Quantity Amount Quantity Amount Quantity Amount Quantity
12.00 3,840.00 12.00 3,840.00
3.00 840.00
1.00 280.00 1.00 280.00
4.00 960.00 4.00 960.00
5.00 1,125.00
8.00 1,520.00 8.00 1,520.00
1.00 190.00 6.00 1,140.00 8.00 1,520.00 18.00 3,420.00 8.00 1,520.00 16.00
1.00 120.00
5.00 550.00
1.00 280.00 13.00 2,670.00 6.00 1,140.00 8.00 1,520.00 57.00 12,655.00 20.00 5,360.00 16.00
3.00 12,540.00 3.00 12,540.00
3.00 12,540.00 3.00 12,540.00 280.00 2,670.00 1,140.00 14,060.00 25,195.00 5,360.00 Nos. 2022-05-CS
PM DC Project Nos. 2022-05-CS
Subtotal
Review of Traffic Control Plans
Document Tracking (Log & Process of
Project Files) Punchlist Preparation Payment Review & Compliance (PW) Weekly Progress Meetings with
Contractors
Preparation of W
Reports
0207332-007.SD-SC-Guad.Budget Detail.xlsx Daly City - San Diego, Santa Cruz, and Guadelupe Waterline Replacement Project Project No. 2022-05-CS
Amount Quantity Amount Quantity Amount Quantity Amount Quantity Amount Quantity Amount Quantity Amount
8.00 2,560.00 2.00 640.00 240.00 58,800.00
16.00 3,040.00 24.00 4,560.00 3,040.00 12.00 2,280.00 8.00 1,520.00 80.00 15,200.00
1.00 110.00
3,040.00 20.00 4,840.00 11.00 2,270.00 240.00 58,800.00 80.00 15,200.00 16.00 3,040.00 24.00 4,560.00
3.00 26.40
3.00 26.40
1.00 250.00
3.00 300.00
3.00 285.00
7.00 835.00
3,040.00 4,840.00 2,270.00 58,800.00 15,200.00 3,066.40 5,395.00 Cm-Insp-Testing DC Project No. 2022-05-CS
Field QA Testing
Weekly Progress
for City
Periodic Progress Meetings with City
(Bi-Weekly) Review of Progress Payments Construction Observations Daily Field Reports Travel (Field Inspections)
0207332-007.SD-SC-Guad.Budget Detail.xlsx Daly City - San Diego, Santa Cruz, and Guadelupe Waterline Replacement Project Project No. 2022-05-CS
Quantity Amount Quantity Amount Quantity Amount
22.00 7,040.00 34.00 10,880.00
3.00 840.00
1.00 280.00
240.00 58,800.00 240.00 58,800.00
4.00 960.00
5.00 1,125.00
40.00 7,600.00 40.00 7,600.00
8.00 1,520.00
4.00 760.00 128.00 24,320.00 146.00 27,740.00
1.00 120.00
5.00 550.00
1.00 110.00 1.00 110.00
4.00 760.00 431.00 97,870.00 488.00 110,525.00
3.00 26.40 3.00 26.40
3.00 26.40 3.00 26.40
3.00 12,540.00
3.00 12,540.00
1.00 250.00 1.00 250.00
3.00 300.00 3.00 300.00
3.00 285.00 3.00 285.00
7.00 835.00 7.00 835.00 760.00 98,731.40 123,926.40 Cm-Insp-Testing DC Project No. 2022-
05-CS Subtotal
As-Built Drawings Total
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AGREEMENT FOR SERVICES
BETWEEN THE CITY OF DALY CITY
AND
____________________________
THIS AGREEMENT, made and entered into at Daly City, California, this ______ day of _____________________, 20______ by and between the CITY OF DALY CITY, a Municipal Corporation, hereinafter referred to as "CITY", and ____________________, a ___________ Corporation, licensed to do business in California, hereinafter referred to as "FIRST PARTY." WITNESSETH:
WHEREAS, CITY desires to retain FIRST PARTY to provide certain professional services for CITY in connection with that certain project called:
__________________________________________________
(HEREINAFTER REFERRED TO AS "PROJECT")
WHEREAS, FIRST PARTY is licensed to perform said services and desires to and does hereby undertake to perform said services.
NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES AND CONDITIONS of each of the parties hereto, it is hereby agreed as follows:
I. SCOPE OF WORK
In consideration of the payment by CITY to FIRST PARTY, as hereinafter provided, FIRST PARTY agrees to perform all the services as set forth in Exhibit A.
II. SCHEDULE FOR WORK
FIRST PARTY's proposed schedule for the various services required pursuant to this contract will be as set forth in Exhibit B. CITY will be kept informed as to the progress of work by written reports, to be submitted monthly or as otherwise required in Exhibit B. Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents or other events beyond the control of the other, or the other's employees and agents.
FIRST PARTY shall commence work immediately upon receipt of a "Notice to Proceed" from CITY. The "Notice to Proceed" date shall be considered the "effective date" of the Agreement, as used herein, except as otherwise specifically defined. FIRST PARTY shall complete all the work and deliver to CITY all project related files, records, and materials within one month after completion of all of FIRST PARTY's activities required under this Agreement. FIRST PARTY shall be entitled to keep one copy of all project related files, records and materials for their files.
III. COMPENSATION AND PAYMENT
A. CITY shall pay FIRST PARTY an all-inclusive fee that shall not exceed the amount as detailed in Exhibit C. This compensation shall be based on the rates attached in Exhibit C. Fixed hourly rates shall be inclusive of all indirect and direct charges to the Project incurred by FIRST PARTY.
B. FIRST PARTY's fee for the services as set forth herein shall be considered as full compensation for all indirect and direct personnel, materials, supplies and equipment, and services incurred by FIRST PARTY and used in carrying out or completing the work.
C. Payments shall be monthly for the invoice amount, or such other amount as approved by CITY. As each payment is due, a statement describing the services performed shall be submitted to CITY by the FIRST PARTY. CITY shall have the discretion to approve the invoice and the work completed statement. Payment shall be for the invoice amount, or such other amount as approved by CITY, less retention. The retention will be zero (0%) of each payment, and final payment.
Payment of the retention will be made to FIRST PARTY by CITY thirty-five (35) calendar days after completion and acceptance of all work required under this Agreement.
D. Payments are due upon receipt of written invoices. CITY shall have the right to receive, upon request, documentation substantiating charges billed to CITY. CITY shall have the right to perform an audit of the FIRST PARTY's relevant records pertaining to the charges.
IV. EQUAL EMPLOYMENT OPPORTUNITY
A. FIRST PARTY, with regard to the work performed by it under this Agreement shall not discriminate on the grounds of race, religion, color, national origin, sex, handicap or age in the retention of subconsultants, including procurement of materials and leases of equipment.
B. FIRST PARTY shall take affirmative action to insure that applicants for employment, and employees, are treated during employment, without regard to their race, color, religion, sex, national origin, or handicap. Such action shall include, but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.
C. FIRST PARTY shall post in prominent places, available to employees and applicants for employment, notices setting forth the provisions of this non-discrimination clause.
D. FIRST PARTY shall state that all qualified applications will receive consideration for employment without regard to race, color, religion, sex, national origin, or handicap.
E. FIRST PARTY shall comply with Title VI of the Civil Rights Act of 1964 and shall provide such reports as may be required to carry out the intent of this section.
F. FIRST PARTY shall incorporate the foregoing requirements of this section in all subconsultants agreement hereunder.
V. PROSECUTION OF WORK
FIRST PARTY will employ a sufficient staff to prosecute the work diligently and continuously and will complete the work in accordance with the schedule of work approved by the CITY.
VI. ASSIGNMENT OF AGREEMENT AND TRANSFER OF INTEREST
A. FIRST PARTY shall not assign this Agreement and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of the CITY thereto, provided, however, that claims for money due or to become due to the FIRST PARTY from the CITY under this Agreement may be assigned to a bank, trust company, or other financial institution without such approval. Notice of an intended assignment or transfer shall be furnished promptly to the CITY.
B. In the event FIRST PARTY sells and/or transfers to another entity more than 30% of the stock ownership or ownership in FIRST PARTY from the date this Agreement is executed, then CITY shall be notified prior to the date of said change of stock ownership or interest and CITY shall have the right, in event of such change in stock ownership or interest, to terminate this Agreement upon notice to FIRST PARTY. In the event CITY is not notified of any such change in stock ownership or interest, then upon knowledge of same, it shall be deemed that CITY has terminated this Agreement.
VII. INDEPENDENT WORK CONTROL
It is expressly agreed that in the performance of the service necessary for compliance with this Agreement, FIRST PARTY shall be and is an independent contractor and is not an agent or employee of CITY. FIRST PARTY has and shall retain the right to exercise full control and supervision of the services and full control over the employment, direction, compensation and discharge of all persons assisting FIRST PARTY in the performance of FIRST PARTY’s services hereunder. FIRST PARTY shall be solely responsible for its own acts and those of its subordinates and employees.
VIII. FIRST PARTY QUALIFICATIONS
It is expressly understood that FIRST PARTY is licensed and skilled in the professional calling necessary to perform the work agreed to be done by it under this Agreement and CITY relies upon the skill of FIRST PARTY to do and perform said work in accordance with generally accepted engineering standards in effect at the time services are rendered. The acceptance of FIRST PARTY's work by CITY does not operate as a release of FIRST PARTY from said understanding.
IX. NOTICES
All notices hereby required under this Agreement shall be in writing and delivered in person or sent by certified mail, postage prepaid.
Notices required to be given to CITY shall be addressed as follows:
Joshua Cosgrove, Director
Department of Water and Wastewater Resources
153 Lake Merced Boulevard
Daly City, California 94015
Notices required to be given to FIRST PARTY shall be addressed as follows:
NAME
TITLE
COMPANY
ADDRESS
Provided that any party may change such address by notice, in writing, to the other party and thereafter notices shall be addressed and transmitted to the new address.
PROFESSIONAL LIABILITY/GENERAL LIABILITY & INDEMNIFICATION A. Insurance. On or before beginning any of the service or work called for by any term of this Agreement, FIRST PARTY, at its own cost and expense, shall carry, maintain for the duration of the agreement, and provide proof thereof that is acceptable to the City Attorney's Office the insurance specified in subsections (1) through (3) below with insurers and under forms of insurance satisfactory in all respects to the CITY. FIRST PARTY shall not allow any subcontractor, professional or otherwise, to commence work on any subcontract until all insurance required of the FIRST PARTY has also been obtained for the subcontractor. (1) Workers' Compensation. Statutory Workers' Compensation Insurance and Employer's Liability Insurance with limits of not less than one million dollars ($1,000,000) per employee, per accident, per policy term for any and all persons employed directly or indirectly by FIRST PARTY. In the alternative, FIRST PARTY may rely on a self-insurance program to meet these requirements so long as the program of self-insurance complies fully with the provisions of the California Labor Code. In such case, excess Workers' Compensation Insurance with limits of not less than five million dollar ($5,000,000) shall be maintained. The insurer, if insurance is provided, and the FIRST PARTY, if a program of self-insurance is provided, shall waive all rights of subrogation against the CITY for loss arising from worker injuries sustained under this agreement.
(2) Commercial General and Automobile Liability. FIRST PARTY, at FIRST PARTY’S own cost and expense, shall maintain Commercial General Liability Insurance for the period covered by this agreement in an amount not less than one million dollars ($1,000,000) combined single limit coverage for risks associated with the work contemplated by this agreement. If a Commercial General Liability Insurance form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under the agreement or the general aggregate limit shall be at least two million dollars ($2,000,000).
Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this agreement, including the use of owned and non-owned automobiles.
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
(a) The City of Daly City, its subsidiary districts, the agency, its officers, employees, agents and authorized volunteers are to be covered as additional insureds as respects each of the following: liability arising out of activities performed by or on behalf of FIRST PARTY; products and completed operations of FIRST PARTY; premises owned, occupied or used by FIRST PARTY; or automobiles owned, leased, hired, or borrowed by FIRST PARTY. The coverage shall contain no special limitations on the scope of protection afforded to Daly City, its subsidiary districts, the Agency, its officers, employees, agents, or volunteers.
(a) The insurance policy form shall provide coverage on an occurrence basis, and not on the basis of claims made.
(b) The insurance must cover complete contractual liability. This may be provided by amending the definition of "incidental contract" to include any written agreement.
(c) Any explosion, collapse, and underground property damage exclusion must be deleted.
(d) An endorsement must state that coverage is primary insurance and that no other insurance or self-insured retention carried by the CITY will be called upon to contribute to a loss under the coverage. (e) The policy must contain a cross liability or severability of interests clause.
(f) The policies must contain a cross liability or severability of interest clause.
(g) Any failure of First Party to comply with reporting provisions of the policy shall not affect coverage provided to City of Daly City and its subsidiary districts, the Agency, its officers, employees, agents, and volunteers.
(h) Broad form property damage liability must be afforded. A deductible that does not exceed $5,000 may be provided. (i) Insurance is to be placed with California-admitted insurers, and carrier(s) must be rated "A" or above in the Best's Rating Guide. The CITY reserves the right to accept or deny use of any particular carrier.
(j) Notice of cancellation must be received by the City Engineer at least thirty (30) days prior to such change (ten (10) days prior to cancellation due to non-payment of premium).
(3) Professional Liability. FIRST PARTY, at FIRST PARTY’s own cost and expense, shall maintain for the period covered by this agreement professional liability insurance for licensed professionals performing work pursuant to this agreement in an amount not less than one million dollars ($1,000,000) per
claim and in the aggregate covering the licensed professionals' negligent errors and omissions, as follows:
(a) Any deductible shall not exceed $5,000 (or $250,000) per claim. (b) Notice of cancellation must be received by the City Engineer at least thirty (30) days prior to such change (ten (10) days prior to cancellation due to non-payment of premium.
(c) The policy must contain a cross liability or severability of interest clause.
(d) The following provisions shall apply if the professional liability coverages are written on a claims made form:
(1.) The retroactive date of the policy must be shown and must be before the date for the commencement of work for the City of Daly City.
(2.) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the agreement or the work.
(3.) If coverage is canceled or not renewed and it is not replaced with another claims made policy form with a
retroactive date as provided under (3)(d)(1.) above, FIRST PARTY must provide extended reporting coverage on the
expiring policy for a minimum of five (5) years after
completion of the agreement or the work.
(4.) A copy of the claim reporting requirements, including any extended reporting period provisions, must be submitted to the CITY prior to the commencement of any work under this agreement.
(4) Deductibles and Self-Insured Retentions. During the period covered by this agreement, upon express written authorization of City's Risk Manager and City Attorney, FIRST PARTY may increase such deductibles or self-insured retentions with respect to CITY, its subsidiary Citys, the Agency, its officers, employees, agents, and volunteers. The Risk Manager and the City Attorney may condition approval of an increase in deductible or self- insured retention levels upon a requirement that FIRST PARTY procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
(5) Notice of Reduction in Coverage. In the event that any coverage required under X. A. (1), (2), (3), of the agreement is reduced, limited, or materially affected in any other manner, at any time during the period that insurance coverage is required under this agreement, FIRST PARTY shall provide written notice to CITY at FIRST PARTY’s earliest possible opportunity and in no case later than five days after FIRST PARTY is notified of the change in coverage.
(6) Verification of Insurance. FIRST PARTY must submit acceptable proof of insurance, along with all endorsements that implement the insurance coverage required by the CITY. Proof of insurance may be provided by an accurate Certificate of Insurance that identifies all insurance coverage actually in force (although it may exceed the amounts or coverages required by the CITY). The original Certificate of Insurance, and signed endorsements need to be provided to the CITY prior to any work being performed under the contract.
(7) Any exceptions to the above requirements, limits or conditions are to be made upon the sole and exclusive discretion of the City of Daly City, by and through the City's Risk Manager.
B. Indemnification - Hold Harmless. It is understood and agreed that FIRST PARTY has the professional skills, experience and/or knowledge necessary to perform the work agreed to be performed under this agreement, and CITY relies upon the professional skills of FIRST PARTY to do and perform FIRST PARTY’s work in a skillful and professional manner, and FIRST PARTY thus agrees to so perform the work.
Acceptance by CITY of the work performed under this Agreement does not operate as a release of said FIRST PARTY from such professional responsibility for the work performed.
FIRST PARTY shall indemnify and hold harmless the CITY, its subsidiary Citys, their officers, agents, and employees from all claims, suits, or actions of every kind and description to the extent caused by FIRST PARTY’s negligence, recklessness, or willful misconduct.
The duty of FIRST PARTY 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 FIRST PARTY to indemnify the CITY, its subsidiary Citys, its officers, agents or employees against any responsibility for liability in contravention of Section 2782 of the California Civil Code. The duty to defend shall include any costs and expenses for attorney's fees and all consequential damages or costs from claims or litigation.
Notwithstanding the foregoing, for any claim alleging FIRST PARTY’s negligent performance of professional services, FIRST PARTY’s obligations regarding CITY’s defense under this paragraph include only the reimbursement of CITY’s reasonable defense costs incurred to the extent of FIRST PARTY’s negligence as expressly determined by a final judgment, arbitration, award, order, settlement, or other final resolution.FIRST PARTY shall not be responsible for warranties, guarantees, fitness for a particular purpose, breach of fiduciary duty, loss of anticipated profits or for economic or incidental damages to the CITY or any third party arising out of breach of contract, termination, or for any other reason whatsoever. Additionally, FIRST PARTY shall not be responsible for acts and decisions of third parties, including governmental agencies, other than FIRST PARTY’s subconsultants, that impact project completion and/or success.
FIRST PARTY expressly and specifically agree to waive any and all subrogation rights on general and automobile liability policies it may have against the CITY, its subsidiary Citys, 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.
X. RESPONSIBILITY AND LIABILITY FOR SUBCONSULTANTS & SUBCONTRACTORS A. Approval of or by CITY shall not constitute nor be deemed a release of responsibility and liability of FIRST PARTY or its subconsultants and/or subcontractors for the accuracy and competency of the designs, working drawings, specifications or other documents and work, nor shall its approval be deemed to be an assumption of such responsibility by CITY for any defect in the designs, working drawings, specifications or other documents prepared by FIRST PARTY or its subconsultants and/or subcontractors.
B. The FIRST PARTY has no control over the cost of labor, materials, equipment or services furnished by others, or over Contractor’s methods of determining prices, or other competitive bidding or market conditions, practices or bidding strategies.
Cost estimates are based on FIRST PARTY’s opinion based on experience and judgment. FIRST PARTY cannot and does not guarantee that proposals, bids or actual Project construction costs will not vary from cost estimates prepared by FIRST PARTY.
C. FIRST PARTY shall not be responsible for the means, methods, techniques, sequences, or procedures of construction selected by contractors or the safety precautions and programs incident to the work of contractors and will not be responsible for Contractor’s failure to carry out work in accordance with the Contract Documents.
XI. HAZARDOUS MATERIALS OR ASBESTOS DISCOVERY
Hazardous materials or asbestos may exist at a site where there is no reason to believe they could or should be present. The FIRST PARTY and CITY agree that the discovery of unanticipated hazardous materials or asbestos constitutes a changed condition mandating a renegotiation of FIRST PARTY’s services.
XII. OWNERSHIP OF WORK PRODUCT
Work products of FIRST PARTY for this project, which are delivered under this Agreement or which are developed, produced and paid for under this Agreement, shall become the property of CITY. Any reuse of completed documents or use of partially completed documents without written verification or concurrence by FIRST PARTY for the specific purpose intended will at CITY’s sole risk and without liability or legal exposure to FIRST PARTY.
XIII. REPRESENTATION OF WORK
Any and all representations of FIRST PARTY, in connection with the work performed or the information supplied, shall not apply to any other project or site, except the project described in Exhibit A or as otherwise specified in Exhibit A.
XIV. CITY PROVIDED DATA
The CITY shall furnish the FIRST PARTY available studies, reports and other data pertinent to FIRST PARTY's services and FIRST PARTY shall be entitled to use and rely upon all such
information provided by CITY or others in performing FIRST PARTY's services under this Agreement.
XV. ACCESS
CITY shall arrange for access to and make all provisions for FIRST PARTY to enter upon public and private property as required for FIRST PARTY to perform services hereunder.
XVI. SERVICES DURING CONSTRUCTION
If the project involves construction of any kind, the parties agree that CITY and FIRST PARTY shall be indemnified to the fullest extent permitted by law for all claims, damages, losses and expense including attorney's fees arising out of or resulting from the construction contractor's performance of work including injury to any worker on the job site except for the sole negligence of CITY or FIRST PARTY. Both CITY and FIRST PARTY shall be named as additional primary insured(s) by construction contractor's General Liability and Builders All Risk insurance policies without offset and all Construction Documents and insurance certificates shall include wording acceptable to the parties herein with reference to such provisions.
XVII. TERMINATION OF AGREEMENT
A. CITY may give thirty (30) days written notice to FIRST PARTY, terminating this contract in whole or in part at any time, either for CITY's convenience or because of the failure of FIRST PARTY to fulfill its contractual obligations or because of FIRST PARTY's change of its assigned personnel on the project without prior CITY approval. Upon receipt of such notice, FIRST PARTY shall:
(1) Immediately discontinue all services affected (unless the notice directs otherwise); and
(2) Deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated or produced by FIRST PARTY in performing work under this Agreement, whether completed or in process.
B. If termination is for the convenience of CITY, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit on unperformed services.
C. If the termination is due to the failure of FIRST PARTY to fulfill its Agreement, CITY may take over the work and prosecute the same to completion by contract or otherwise. In such case, FIRST PARTY shall be liable to CITY for any reasonable additional cost occasioned to the CITY thereby.
D. If, after notice of termination for failure to fulfill Agreement obligations, it is determined that FIRST PARTY had not so failed, the termination shall be deemed to have been effected for the convenience of the CITY. In such event, adjustment in the contract price shall be made as provided in Paragraph B of this section.
E. The rights and remedies of the CITY provided in this section are in addition to any other rights and remedies provided by law or under this Agreement.
XVIII. INSPECTION OF WORK
It is FIRST PARTY's obligation to make the work product available for CITY's inspections and periodic reviews upon request by CITY.
XIX. BREACH OF AGREEMENT
A. This Agreement is governed by applicable federal and state statutes and regulations. Any material deviation by FIRST PARTY for any reason from the requirements thereof, or from any other provision of this Agreement, shall constitute a breach of this Agreement and may be cause for termination at the election of the CITY.
B. The CITY reserves the right to waive any and all breaches of this Agreement, and any such waiver shall not be deemed a waiver of any previous or subsequent breaches. In the event the CITY chooses to waive a particular breach of this Agreement, it may condition same on payment by FIRST PARTY of actual damages occasioned by such breach of Agreement.
XX. SEVERABILITY
The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.
XXI. THIRD PARTIES
The services to be performed by FIRST PARTY are intended solely for the benefit of the CITY.
No person or entity not a signatory to this Agreement shall be entitled to rely on the FIRST PARTY's performance of its services hereunder, and no right to assert a claim against the FIRST PARTY by assignment of indemnity rights or otherwise shall accrue to a third party as a result of this Agreement or the performance of the FIRST PARTY's services hereunder.
XXII. CAPTIONS
The captions of this Agreement are for convenience and reference only and shall not define, explain, modify, limit, exemplify, or aid in the interpretation, construction, or meaning of any provisions of this Agreement.
XXIII. LITIGATION OR ARBITRATION
In the event that suit or arbitration is brought to enforce the terms of this contract, the prevailing party shall be entitled to litigation costs and reasonable attorneys' fees.
XXIV. FIRST PARTY’s OPINION OF COSTS
CITY acknowledges that construction cost estimates, are subject to many influences including, but not limited to, price of labor and materials, unknown or latent conditions of existing equipment or structures, and time or quality of performance by third parties. CITY acknowledges that such influences may not be precisely forecasted and are beyond the control of FIRST PARTY and that actual costs incurred may vary substantially from the estimates prepared by FIRST PARTY.
XXV. ENTIRE AGREEMENT
This document constitutes the sole Agreement of the parties hereto relating to said project and states the rights, duties, and obligations of each party as of the document's date. Any prior Agreement, promises, negotiations, or representations between parties not expressly stated in this document are not binding. All modifications, amendments, or waivers of the terms of this Agreement must be in writing and signed by the appropriate representatives of the parties to this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first above written.
CITY OF DALY CITY,
a Municipal Corporation
By________________________________________________
Title _______City Manager_____________
“CITY”
COMPANY
a ____________ Corporation,
licensed to do business in California
By________________________________________________
Title __________________________________
PE No. _______________________________
"FIRST PARTY"
APPROVED AS TO FORM:
__________________________
Rose Zimmerman
City Attorney
(REV. 09/26/2023)
City Council Agenda ReportItem # _____
Meeting Date: April 14, 2025
Subject: Authorize the City Manager to Execute Second Amendment to the Agreement for the Installation of Conduit with Intermountain Infrastructure Group, LLC Recommended Action
Recommend the City Council approve and authorize the City Manager to execute a Second Amendment to the Agreement for the Installation of Conduit with Intermountain Infrastructure Group, LLC.
Background
Intermountain Infrastructure Group, LLC (“Intermountain”), provides public and private organizations with the services required to plan, implement and maintain telecommunications infrastructure. Intermountain commonly provides its services by installation of underground telecommunication conduit in the public right-of-way. Typically, several of these conduits are installed in one alignment to serve multiple customers at once, allowing for efficient installation and consolidating the construction activities into one project.
In 2019, Intermountain approached the City to apply for an encroachment permit to install telecommunications conduit and serve its customers within the City. Upon review of Intermountain’s plans, staff and Intermountain recognized that approximately 12,000 linear feet of Intermountain’s proposed conduit alignment matched the City’s planned installation of traffic signal communication conduit as part of the City’s Traffic Signal Management System Project. The City’s project included a combination of underground communication conduit and wireless communication infrastructure to connect all 40 of the City’s signalized intersections to a new central controller. In recognizing the opportunity for coordination, staff worked with Intermountain to coordinate efforts such that Intermountain would provide approximately an additional 12,000 linear feet of conduit for the City, primarily on Sullivan Avenue and Hickey Boulevard. The Agreement which established the terms and conditions under which Intermountain would install the conduit as well as maintain the conduit for a period of 20 years was executed on December 12, 2019.
In 2021, Intermountain’s project expanded to include portions of Sullivan Avenue, Annie Street, 92nd Street, Edgeworth Avenue, 88th Street, Westlake Avenue, Washington Street, Mateo Avenue, School Street, Bruno Avenue, E Moltke Street, and Hill Street. An amendment to the original Agreement was executed on August 4, 2021 to include the installation of approximately 14,000 linear feet of conduit as well as 31,000 feet of fiber optic cable through all of the City’s conduit that was installed as part of the Agreement and the proposed Amendment together.
In 2024, a revised amendment (replacing the August 4, 2021 Amendment) was executed on February 28, 2024 to include the installation of additional conduit, equipment and higher fiber optic cable count for the traffic signal communications infrastructure. The additional work to install conduit connections and fiber cable terminations from the mainline to the individual traffic signal controller
Authorize the City Manager to Execute Second Amendment to the Agreement with Intermountain Infrastructure Group, LLC
Meeting Date: April 14, 2025
cabinets was needed in order for staff to utilize the proposed conduit and fiber optic cable for the City’s traffic signal system.
Discussion
The proposed Second Amendment with Intermountain would install two (2) 3” conduits and 144- strand fiber optic cable from the existing communications network on Edgeworth Avenue into City Hall, install approximately 100 linear feet of conduit and 144-strand fiber optic cable from the existing communications network on Niantic Avenue into the City’s Corporation Yard and install approximately four (4) 1” conduit from the entrance of the Corporation Yard to the Electrical Building. Final amendment language will be reviewed and approved by the City Attorney.
Fiscal Impact
The cost for the proposed Second Amendment with Intermountain is $110,667.70 bringing the total cost to $370,453.04. Sufficient funds are available in the Capital Project Traffic Signal Management System project account 17-312-642 and the C/CAG Smart Corridor Program Reimbursement account for this request.
Summary/Conclusion
Recommend the City Council approve and authorize the City Manager to execute a Second Amendment to the Agreement for the Installation of Conduit with Intermountain Infrastructure Group, LLC.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Shirley Chan Richard Chiu, Jr.
Acting City Engineer Director of Public Works
Attachment:
1. Second Amendment to Agreement for the Installation of Conduit
SECOND AMENDMENT TO AGREEMENT FOR THE INSTALLATION OF CONDUIT This AMENDMENT TO THE AGREEMENT FOR THE INSTALLATION OF CONDUIT ("Amendment"), effective on April , 2025, is made by and between the CITY OF DALY CITY, a Municipal Corporation (“City”) and Intermountain Infrastructure Group, LLC (“Contractor”).
RECITALS
A. City and Contractor entered into an Agreement for the Installation of Conduit December 12, 2019, as amended by that Amendment to the Agreement for the Installation of Conduit dated February 28, 2024 (“First Amendment”, which Amendment nullified the amendment dated August 4, 2021) (the Agreement and the First Amendment are collectively referred herein as the “Agreement”); and
B. Contractor has completed the majority of work covered by the Agreement; and C. Contractor has plans to install additional conduit on behalf of various carriers throughout the City of Daly City’s right-of-way; and
D. City desires to have contractor install additional conduits to City facilities as outlined in Exhibit “D”, hereby incorporated into this Amendment by this reference; and E. The City recently completed or plans to complete slurry seal projects on portions of Washington Avenue, Annie Street, 92nd Street, Edgeworth Avenue, 88th Street, Hill Street, West Market, Mateo Avenue, School Street, Bruno Avenue, West Moltke Street, and Westlake Avenue; and
F. Contractor is willing to install conduit and fiber cabling and dedicate it to the City for the City’s exclusive use in a partial exchange for the City’s waiver of certain restoration requirements related to the recently completed slurry seal improvement, or for the City’s deferral of its plans to perform such slurry seal improvement; and The value of installing the conduit and fiber cabling is approximately similar to the value of the City’s slurry seal restoration requirements and the value of the City’s deferral of its plans to perform such slurry seal improvements on portions of Washington Avenue, Annie Street, 92nd Street, Edgeworth Avenue, 88th Street, Hill Street, West Market, Mateo Avenue, School Street, Bruno Avenue, West Moltke Street, and Westlake Avenue; and NOW THEREFORE, in consideration of the mutual covenants contained herein, and for other valuable consideration received, the receipt and sufficiency of which are hereby acknowledged, the Parties amend the Agreement as follows:
AMENDED TERMS AND CONDITIONS
1. Contractor shall install/extend 1.25” conduit to certain City owned traffic controller equipment at thirteen (13) locations stated in Exhibit B. The City shall be responsible for the costs associated with installing/extending the 1.25” conduit to the traffic controller equipment under the First Amendment in the amount of $160,883.91 and agrees to the assumptions and conditions outlined in Exhibit “B”.
2. Contractor shall install approximately 31,000 linear feet of fiber cabling and approximately 6,000 feet of slack cable within the conduit installed as part of the Agreement and this Amendment, 144-strand GYTA Fiber Optic Cable, single mode cable with an aluminum tape, by Huihong Technologies or approved equal, as set forth in more details in the attached Exhibit “C”.
3. The City shall be responsible for costs associated with fiber material, termination equipment, splicing and testing of fiber cabling installed under the First Amendment in amount equal to $98,901.43.
4. Contractor shall install two (2) 3”conduits and 144-strand GYTA Fiber Optic Cable from the existing communications network on Edgeworth Avenue into City Hall, terminating the cable in City Hall. Contractor will be responsible for furnishing all equipment and materials needed to complete the work in accordance with the “Fiber Optic Connection to City Hall” plans as approved by the City.
5. Contractor shall install approximately 100 ft. of 2” conduit and 144-strand fiber optic cable from the existing communications network on Niantic Avenue into the City’s Corporation Yard, terminating the cable in the Electrical Building at the Corporation Yard. Contractor will be responsible for furnishing all equipment and materials needed to complete the work.
6. Contractor shall install a new pull box at the entrance of the Corporation Yard and approximately 50 ft. of four (4) 1” conduits from the entrance of the Corporation Yard to the Electrical Building. Contractor will be responsible for furnishing all equipment and materials needed to complete the work.
7. Contractor to provide as-built drawings for work performed as part of this Amendment.
8. The City shall be responsible for costs associated with conduit, fiber material, termination equipment, splicing and testing of fiber cabling installed under this second Amendment in amount equal to $110,667.70 and agrees to the assumptions and conditions outlined in Exhibit “D”.
9. All other terms of the Agreement (the December 12, 2019 Agreement and the First Amendment dated February 28, 2024) shall be unchanged and shall remain enforceable and in full force and effect and the Agreement is hereby ratified and affirmed.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the day and year first hereinabove mentioned.
CITY OF DALY CITY, a Municipal Corporation
By:
Thomas J. Piccolotti
City Manager
INTERMOUNTAIN INFRASTRUCTURE GROUP, LLC
By:
Jeff Yount
President & CEO
CITY OF DALY CITY
SAN MATEO COUNTY, CALIFORNIA
EXHIBIT A
PHASE 1 INCLUDES WORK UNDER
THE ORIGINAL AGREEMENT
Daly City Controller Cabinet Conduit Pull
Quote valid for 60 days
1/18/24
Intersection Cabinet CornerMethod Conduit Count Footage Total Notes Junipero Serra Blvd/Garage entrance NE fiber only (1) 1.25" 0 $0.00 Included in fiber pull quote Junipero Serra Blvd/Westlake Ave NE fiber only (1) 1.25" 0 $0.00 Included in fiber pull quote Junipero Serra Blvd/Citrus Ave SE fiber only (1) 1.25" 0 $0.00 Included in fiber pull quote Junipero Serra Blvd/87th St NW concrete (1) 1.25" 35 $5,144.01 See notes below Junipero Serra Blvd/Washington St SE trench in dirt (1) 1.25" 20 $2,439.43 Assumes city conduit is available from Pull box at SW corner to SE corner Sullivan Ave/Eastmoor Ave SW Trench in dirt and concrete (1) 1.25" 20 $2,639.43 See notes below Sullivan Ave/I‐280 on‐ramp SW trench in dirt (1) 1.25" 20 $2,439.43 See notes below Sullivan Ave/Southgate Ave NW trench in dirt (1) 1.25" 25 $3,049.29 See notes below Callan Blvd/Southgate Ave SW trench in dirt (1) 1.25" 15 $1,829.58 See notes below Callan Blvd/Serramonte Blvd NE concrete (1) 1.25" 25 $3,674.29 See notes below Callan Blvd/Hickey Blvd NW trench in dirt (1) 1.25" 35 $4,269.01 See notes below Hickey Blvd/Campus Dr NE trench in dirt (1) 1.25" 35 $4,269.01 See notes below Hickey Blvd/Gellert Blvd SW trench in dirt (1) 1.25" 75 $9,147.88 See notes below Hickey Blvd/Kaiser Dwy SE Break Asphalt/ trench/slurry (1) 1.25" 60 $24,168.00 Will also require concrete restoration Total $63,069.36
Rates above assume the following:
No new permit fees including traffic control
No Pre or Post CCTV is required
Dirt areas will be returned to their current conditons and no additional landscaping is required Includes standard concrete restoration when applicable Inspection Hours are Included
Full construction segments
Market and Hillside SE Full Construction (1) 1.25" 250 $64,822.55 Assumes city conduit is available from Pull box at NW corner to SE corner Sullivan Ave/Washington St NE Full Construction (1) 1.25" 150 $32,992.00 Assumes city conduit is available from Pull box at SW corner to SE corner Total $97,814.55
Rates above assume the following:
No new permit fees including traffic control
Includes Pre and Post CCTV
Assumes DWWR location of all water services and review Includes standard restoration only
Inspection Hours are Included
Grand Total (conduit connection to controller cabinet) $160,883.91 Fiber Costs Materials Installation Total
Fiber Pull Ft. $0.99 $1.82 $2.81
Fiber (materials and installation) $48,645.43
Splice costs $38,256.00
Cabinet Termination Materials $12,000.00
Total $98,901.43
New Quote for 144 count
The previous quote from 5/2023 did not include ancillary materials required for splicing (RU, Housing, Adapters etc.) ‐ $750.00/cabinet is not included
EXHIBIT B
EXHIBIT C
EXHIBIT D
City Council Meeting Agenda ReportItem # _____
Meeting Date: April 14, 2025
Subject: Set Time and Place for a Public Hearing to Consider One-Year HUD Action Plan for Fiscal Year 2025-26
Recommended Action
Set a Public Hearing for May 27, 2025 for the purpose of citizen review and comment on Daly City’s One-Year Action Plan under the Community Development Block Grant (CDBG) and HOME programs for FY 2025-26, the third year of a Five Year HUD Consolidated Plan. This extends the date for the hearing originally set for May 12, 2025.
Background
The One-Year Action Plan identifies how CDBG and HOME monies will be allocated. Prior to Council allocating these funds for FY 2025-26, the Department of Housing and Urban Development (HUD) requires the City to hold a public hearing to allow for citizen comment on Daly City’s proposed One-Year Action Plan for Fiscal Year 2025-26.
Discussion
CDBG funds can be used for various activities including Administration, Economic Development, Capital Projects, Housing and Public Services. HOME funds may be used for activities that expand the supply of decent, affordable housing for lower income families.
The City has not yet been informed of its FY 2025-26 CDBG and HOME allocations. However, in order to ensure compliance with public review requirements for the draft Action Plan, the City has prepared the draft FY 2025-26 Action Plan and incorporated contingencies should the actual CDBG and HOME allocations differ from what is estimated in its FY 2025-26 CDBG budget. The draft Action Plan will be finalized and submitted to HUD only after the City receives official notification of its FY 2025-26 CDBG and HOME allocations.
Pursuant to the City’s Community Participation Plan, the City’s HUD Action Plans will be available for a 30-day public comment period prior to the public hearing and Council consideration.
Daly City’s draft FY 2025-26 Action Plan will be available at City Hall and all City libraries for a 30-day review period beginning April 27 through May 27. Notice of the availability of this document and a summary of the draft FY 2025-26 Action Plan will be published in The Examiner and made available on the City’s web site.
Summary/Conclusion
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Lenelle Suliguin Tatum Mothershead
Housing and Community Development Manager Director, Economic & Community Development
City Council Agenda ReportItem # _____
Meeting Date: April 14, 2025
Subject: Authorize the City Manager to Award Contracts for the Mussel Rock Stability Project
Recommended Action
Staff recommends that the City Council:
1) Approve the design documents for the 2025 Seawall Repair and the recommendation letter for a revetment installation for the Mussel Rock Stability Project; 2) Adopt the attached resolution authorizing the City Manager to award contracts for the Mussel Rock Stability Project to the lowest responsible bidder(s) in an amount not to exceed $4,000,000;
3) Authorize the City Manager to approve change orders within the not to exceed amount of $4,000,000; and
4) Authorize the City Manager to execute all necessary contracts to complete the project 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.
The southern half of the Mussel Rock Landfill revetment seawall has sustained considerable damage in recent years. Displacement of riprap has progressed such that repairs to the seawall are needed to maintain stability of the riprap and offset potential erosion of the underlying subgrade rock. Filling in the gaps in the seawall with large hard angular riprap will help restabilize the seawall.
An Emergency Coastal Development Permit (ECDP) application was submitted to the California Coastal Commission (CCC) in March 2025 and an ECDP Permit was issued by CCC in April 2025.
In addition, there has been a noticeable increase in the rate of bluff erosion in the northern portion of the site below the UDA. This area does not have any armoring of the slope to protect it from wave action. As a result, the powerful wave action erodes the toe of the bluff washing away the buttressing landslide material at the base resulting in the landslide working its way upslope towards the UDA.
Authorize the City Manager to Award Contracts for the
Mussel Rock Stability Project
Meeting Date: April 14, 2025
Due to the fast rate of landslide movement, it is not possible for the City to evaluate and develop a mitigation plan with the conditions changing significantly every couple of months. The City will be submitting another ECDP application to the CCC for the installation of a rip rap revetment at and below the beach level to protect the toe of the landslide and the bluff as recommended by the City’s consulting geologist.
Discussion
The seawall repair and the revetment installation are needed to reduce the risk of the landfill material from being undermined and getting into the ocean. Due to the increased rate of erosion that has been occurring, it is imperative that this work get completed as quickly as possible.
Per Public Contract Code section 22050, the Council may direct immediate action without giving notice for bids to let contracts. Based on the urgency of the situation, staff is recommending that Council forgo the open bid process and authorize the City Manager to execute contracts with the lowest responsible bidder(s) based on proposals received that can satisfy the City’s needs in addressing the situation. Staff is also recommending that the City Manager be authorized to approve contract change order(s) and executes any necessary contracts with contractors, consultant, and/or inspection firm(s) to complete the project.
Fiscal Impact
Currently there is over $4,000,000 in the Mussel Rock Waste Mitigation and the Mussel Rock Landfill Seawall Repair project accounts that can be used for this work. Funding from the two project accounts will be transferred into the Mussel Rock Stability Project for this work. No additional appropriation is needed at this time.
.
Summary/Conclusion
Staff recommends that the City Council:
1) Approve the design documents for the 2025 Seawall Repair and the recommendation letter for a revetment installation for the Mussel Rock Stability Project; 2) Adopt the attached resolution authorizing the City Manager to award contracts for Mussel Rock Stability Project to the lowest responsible bidder(s) in an amount not to exceed $4,000,000;
3) Authorize the City Manager to approve change orders within the not to exceed amount of $4,000,000; and
4) Authorize the City Manager to execute all necessary contracts to complete the project
Authorize the City Manager to Award Contracts for the
Mussel Rock Stability Project
Meeting Date: April 14, 2025
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Richard Chiu, Jr.
Director of Public Works
Attachments:
1. Resolution to authorize the City Manager to award project
2. 2025 Seawall Repair Plans
3. Letter from Cotton Shires regarding the urgency of the situation
4. Public Contract Code Section 22050
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DALY CITY AUTHORIZING
THE CITY MANAGER TO AWARD CONTRACTS IN A TOTAL AMOUNT NOT TO EXCEED $4,000,000 FOR THE MUSSEL ROCK STABILITY PROJECT WHEREAS, the southern half of the Mussel Rock Landfill revetment seawall has sustained considerable damage in recent years; and
WHEREAS, repairs to the seawall are needed to maintain stability of the riprap and offset potential erosion of the underlying subgrade rock; and
WHEREAS, an Emergency Coastal Development Permit (ECDP) was issued by the California Coastal Commission (CCC) in April 2025; and
WHEREAS, a noticeable increase in the rate of bluff erosion in the northern portion of the site below the Upper Disposal Area is occurring; and
WHEREAS, due to the fast rate of landslide movement, it is not possible for the City to evaluate and develop a mitigation plan with the conditions changing significantly every couple of months; and
WHEREAS, the City will be submitting another ECDP application to the CCC for the installation of a rip rap revetment at and below the beach level to protect the toe of the landslide and the bluff as recommended by the City’s consulting geologist; and
WHEREAS, the seawall repair and the revetment installation are needed to reduce the risk of the landfill material from being undermined and getting into the ocean; and WHEREAS, per Public Contract Code section 22050, the Council may direct immediate action without giving notice for bids to let contracts; and
WHEREAS, there is over $4,000,000 in the Mussel Rock Waste Mitigation and the Mussel Rock Landfill Seawall Repair project accounts that can be used for this work; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Daly City that:
1. The design documents for the 2025 Seawall Repair and the recommendation letter for a revetment installation for the Mussel Rock Stability Project is hereby approved.
2. The City Manager is hereby authorized to award contracts for Mussel Rock Stability Project to the lowest responsible bidder(s) in an amount not to exceed $4,000,000;
3. The City Manager is hereby authorized to approve change orders within the not to exceed amount of $4,000,000.
4. The City Manager is hereby authorized to execute all necessary contracts to complete the project
I hereby certify the foregoing to be a true copy of a Resolution adopted by the City Council of Daly City, California, at a regular meeting thereof held on the day of , 2025, by the following vote of the members thereof:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
CITY CLERK OF THE CITY OF DALY CITY
APPROVED:
MAYOR OF THE CITY OF DALY CITY
MUSSEL ROCK LANDFILL 2025 SEAWALL REPAIR PROJECT
DALY CITY, CALIFORNIA
APPROVALS:
DATE:
DATE:
JEFFREY FORNESI
RICHARD CHIU, PE
DIRECTOR OF PUBLIC WORKS
ASSISTANT TO THE PUBLIC WORKS DIRECTOR
PLANS APPROVED FOR CONSTRUCTION
DATE:
PLANS CONFIRMED TO "AS BUILT" CONDITION:
CITY COUNCIL
MAYOR:
VICE MAYOR:
COUNCIL MEMBERS:
CITY MANAGER:
CIVIC CENTER:
ROD DAUS-MAGBUAL
GLENN R. SYLVESTER
PAMELA DIGIOVANNI
THOMAS J. PICCOLOTTI
333 90TH STREET, DALY CITY, CA 94015
PHONE: (650) 991-8064
FAX: (650) 991-8243
LOCATION MAP
SHEET NO.
1 2
3 4
5 6
TITLE PAGE
GENERAL NOTES AND DETAILS
SITE PLAN, AND SEAWALL ACCESS PLAN
SEAWALL REPAIR PLAN AND TYPICAL
SHEET INDEX
N
0' 8' 16'
DRAWN: APPROVED
SURVEY NO.
PROJECT NUMBER
DEPARTMENT OF PUBLIC WORKS
THE CITY OF DALY CITY
CALIFORNIA
SCALE:
DATE:
CITY ENGINEER
DESIGNED:
CHECKED:
1 -
SHEET COUNT
OF
SHEET NUMBER
2022-10-CS
JANUARY, 2025
MUSSEL ROCK LANDFILL
2025 SEAWALL REPAIR PROJECT
T.R.A.
M.V.
M.V.
TITLE PAGE
01 G:\Graphics\projects(AND NEW CADD DIRS)\MUSSEL ROCK- MIKE VELZY\NEW PLAN SHEETS AS OF 01-21-2025\SHEET 01-R3.dwg 03/04/2025 03:21 1" = 8'
SKYLINE BLVD.
OCEANSIDE DRIVE
SKYLINE DRIVE
LONGVIEW DRIVE
MONTEBELLO DRIVE
CLEARVIEW DRIVE
SEAWALL
PACIFIC OCEAN
MUSSEL ROCK LANDFILL
SEAWALL
SECTIONS A, B, AND C
SEAWALL REPAIR PLAN AND TYPICAL
SECTIONS D, E, AND F
SEAWALL REPAIR PLAN AND TYPICAL
SECTIONS G, H, AND I
JUSLYN C. MANALO
TERESA G. PROANO
SEAWALL REPAIR PROJECT AREA
DATE:TATUM MOTHERSHEAD
DIRECTOR OF ECONOMY & COMMUNITY DEVELOPMENT
DATE:SHIRLEY CHAN, P.E.
ACTING CITY ENGINEER
DATE:SHIRLEY CHAN, P.E.
ACTING CITY ENGINEER
DATE:SHIRLEY CHAN, P.E.
ACTING CITY ENGINEER
18 R.P.E.
RICHARD CHIU, PE
DIRECTOR OF PUBLIC WORKS
7 SEAWALL REPAIR PLAN AND TYPICAL
SECTIONS J, K, AND L
8 SEAWALL REPAIR PLAN AND TYPICAL
SECTIONS M, AND N
DRAWN: APPROVED
SURVEY NO.
PROJECT NUMBER
DEPARTMENT OF PUBLIC WORKS
THE CITY OF DALY CITY
CALIFORNIA
SCALE:
DATE:
CITY ENGINEER
DESIGNED:
CHECKED:
1 -
SHEET COUNT
OF
SHEET NUMBER
JANUARY, 2025
MUSSEL ROCK LANDFILL
2025 SEAWALL REPAIR PROJECT
T.R.A.
M.V.
M.V.
GENERAL NOTES AND DETAILS
02 2. TYPICAL SECTION NUMBERING SYSTEM
LEGEND
(E) TOPOGRAPHIC MAJOR CONTOUR (FEET)
1. THE CONTRACTOR SHALL PROTECT EXISTING INFRASTRUCTURE,
INCLUDING MONITORING WELLS, SURVEY MARKERS, EXISTING DRAIN PIPES AND HALF-ROUND CMP CHANNELS.
GENERAL NOTES
X
X-XX
GENERAL ABBREVIATIONS
APPROX.
B.G.S.
CMP
EA
EL
(E)
FT
IN
(N)
NTS
O.C.
1+00
STD
APPROXIMATE
BELOW GROUND SURFACE
CORRUGATED METAL PIPE
EACH
ELEVATION
EXISTING
FOOT
INCH
NEW
NOT TO SCALE
ON CENTER
STATION DESIGNATION
STANDARD
SECTION IDENTIFICATION
DRAWING ON WHICH
SECTION APPEARS
(E) TOPOGRAPHIC MINOR CONTOUR (FEET)
XXX
G:\Graphics\projects(AND NEW CADD DIRS)\MUSSEL ROCK- MIKE VELZY\NEW PLAN SHEETS AS OF 01-21-2025\SHEET 02-R3.dwg 03/04/2025 03:02
CONSTRUCTION TRAFFIC AND ACCESS TO
SEAWALL REPAIR AREAS
1 2
SLOPE (2 HORIZONTAL TO 1 VERTICAL)
282022-18-CS
3. CONTRACTOR SHALL USE AVAILABLE OPEN AREA ON UPPER DECK OF
LOWER DISPOSAL AREA AND FAR SOUTH END OF SEAWALL AS STAGING AREAS.
R.P.E.
AVE AVERAGE
(E) OUTFALL
STAGING AREA
MEAN HIGH WATER (MHW)
MHW MEAN HIGH WATER
IN-FILL MATERIAL (TYP)4. CONTRACTOR WILL PERFORM ALL WORK ABOVE MEAN HIGH TIDE LINE.
ALL QUESTIONS AND/OR CONCERNS REGARDING THE LOCATION OF THE
MEAN HIGH TIDE LINE AT THE BASE OF THE SEAWALL REVETMENT SHALL BE DIRECTED TO THE CITY OR THE PROJECT ENGINEER.
5. PROTECT OUTFALLS WITHIN CONSTRUCTION ZONE OR REPLACE IN KIND IF DAMAGED.
6. CONTOUR LINES SHOWN ON SHEETS O4 THROUGH 08 REPRESENT EXISTING TOPOGRAPHY.
7. BETWEEN STA 17+60 AND 20+00, REMOVE EXPOSED FILTER FABRIC ALONG ACESS ROAD EDGE AND DISPOSE OFF-SITE.
STAGING AREA
0 3+00
4+00
5+00
6+00
7+00
8+00
9+00
10+00
11+00
12+00
13+00
14+00
15+00
16+00
17+00
18+00
19+00
20+00
21+00
MHW LINE (ELEVATION 6.72 FT)
DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT)
SHOWN AT BASE OF SEAWALL
(E) RIPRAP SEAWALL
(NO ADDITIONAL ROCK NEEDED
BETWEEN STATIONS 0+00 AND 12+00
EXCEPT FOR STATION 3+20)
(E) OUTFALL 10
(E) OUTFALL 8A
(E) OUTFALL 6
(E) OUTFALL 3
(E) OUTFALL 1
(E) ACCESS ROAD (E) ACCESS ROAD
DRAWN: APPROVED
SURVEY NO.
PROJECT NUMBER
DEPARTMENT OF PUBLIC WORKS
THE CITY OF DALY CITY
CALIFORNIA
SCALE:
DATE:
CITY ENGINEER
DESIGNED:
CHECKED:
1 -
SHEET COUNT
OF
SHEET NUMBER
JANUARY, 2025
MUSSEL ROCK LANDFILL
2025 SEAWALL REPAIR PROJECT
T.R.A.
M.V.
M.V.
SITE PLAN AND SEAWALL ACCESS PLAN
03 G:\Graphics\projects(AND NEW CADD DIRS)\MUSSEL ROCK- MIKE VELZY\NEW PLAN SHEETS AS OF 01-21-2025\SHEET 03-R3.dwg 03/04/2025 03:06 N
AS SHOWN
0' 60' 120'
PACIFIC OCEAN PACIFIC OCEAN
2022-10-CS 38
R.P.E.
A 4
OUTFALL 10DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT.)
SHOWN AT BASE OF SEAWALL
20' WORK AREA
60 50
40 30
20 10
0 -10
-20
60 50
40 30
20 10
0 -10
-20
0+000+250+500+751+00
ELEVATION
STATION A
EXISTING GRADE / RIPRAP
PROPOSED FINISH GRADE
1 2
PACIFIC OCEAN
WATER SURFACE
VARIES
MHW
(N) CLASS V UNDERLAYER
ROCK MATERIAL
(PLACED AS NEEDED)
IN-FILL ROCK MATERIAL
AT EDGE OF SEAWALL
ACCESS ROAD (AS NEEDED)
(N) CLASS XI ARMOR STONE
40.6'
1.8:1
APPROX.
60 50
40 30
20 10
0 -10
-20
60 50
40 30
20 10
0 -10
-20
0+000+250+500+751+00
ELEVATION
STATION B
EXISTING GRADE / RIPRAP
PROPOSED FINISH GRADE
1 2PACIFIC OCEAN
WATER SURFACE
VARIES
(N) CLASS V UNDERLAYER
ROCK MATERIAL
(PLACE AS NEEDED)
IN-FILL ROCK MATERIAL
AT EDGE OF SEAWALL
ACCESS ROAD (AS NEEDED)
(N) CLASS XI ARMOR STONE
53'
MHW
APPROX.
OUTFALL 6
B
4 60
50 40
30 20
10 0
-10
-20
60 50
40 30
20 10
0 -10
-20
0+000+250+500+751+00
ELEVATION
STATION C
60.0'
ACCESS ROAD
1 1.8
PACIFIC OCEAN
WATER SURFACE
VARIES
MHW
PROPOSED FINISH GRADE
(N) CLASS XI ARMOR STONE
IN-FILL ROCK MATERIAL
AT EDGE OF SEAWALL
ACCESS ROAD (AS NEEDED)
(N) CLASS V UNDERLAYER
ROCK MATERIAL
(PLACED AS NEEDED)
(E) EXISTING RIPRAP
EXISTING GRADE / RIPRAP
APPROX.
C 4
DRAWN: APPROVED
SURVEY NO.
PROJECT NUMBER
DEPARTMENT OF PUBLIC WORKS
THE CITY OF DALY CITY
CALIFORNIA
SCALE:
DATE:
CITY ENGINEER
DESIGNED:
CHECKED:
1 -
SHEET COUNT
OF
SHEET NUMBER
2022-10-CS
JANUARY, 2025
MUSSEL ROCK LANDFILL
2025 SEAWALL REPAIR PROJECT
T.R.A.
M.V.
M.V.
SEAWALL REPAIR PLAN AND TYPICAL SECTIONS
04 G:\Graphics\projects(AND NEW CADD DIRS)\MUSSEL ROCK- MIKE VELZY\NEW PLAN SHEETS AS OF 01-21-2025\SHEET 04-R3.dwg 03/04/2025 03:09
AS SHOWN
48 A 4
SECTION "A" @ STA: 3+23.63
SECTION "A" @ STA: 3+23.63
SCALE: 1" = 10'
SCALE: 1" = 20'
B
4 SECTION "B" @ STA: 11+98.05
SCALE: 1" = 15'
C
4 SECTION "C" @ STA: 12+50.00
SCALE: 1" = 15'
SECTION "B" @ STA: 11+98.05
SCALE: 1" = 20'
N
0' 20'
DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT.)
SHOWN AT BASE OF SEAWALL
40'
A, B, AND C
R.P.E.
DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT.)
SHOWN AT BASE OF SEAWALL
N
0' 20' 40'
N
0' 20' 40'
SECTION "C" @ STA: 12+50.00
SCALE: 1" = 20'
STA: 3+23.63 STA: 11+98.05
STA:12+50.00
D 5
60 50
40 30
20 10
0 -10
-20
60 50
40 30
20 10
0 -10
-20
0+000+250+500+751+00
ELEVATION
STATION D
1 2PACIFIC OCEAN
WATER SURFACE
VARIES
PROPOSED FINISH GRADE
EXISTING
GRADE / RIPRAP
(N) CLASS V UNDERLAYER
ROCK MATERIAL
(PLACE AS NEEDED)
IN-FILL ROCK MATERIAL
AT EDGE OF SEAWALL
ACCESS ROAD (AS NEEDED)
(N) CLASS XI ARMOR STONE
52.7'
MHW
APPROX.
60 50
40 30
20 10
0 -10
-20
60 50
40 30
20 10
0 -10
-20
1+000+750+500+250+00
ELEVATION
STATION E
57.9' 1
2.1 EXISTING GRADE / RIPRAP
IN-FILL ROCK MATERIAL
AT EDGE OF SEAWALL
ACCESS ROAD (AS NEEDED)
(N) CLASS XI ARMOR STONE
PACIFIC OCEAN
WATER SURFACE
VARIES
PROPOSED FINISH GRADE
MHW
APPROX.
ACCESS ROAD
(N) CLASS V UNDERLAYER
ROCK MATERIAL
(PLACED AS NEEDED)
E 5
60 50
40 30
20 10
0 -10
-20
60 50
40 30
20 10
0 -10
-20
0+000+250+500+751+00
ELEVATION
STATION F
1 2
PACIFIC OCEAN
WATER SURFACE
VARIES
PROPOSED FINISH GRADE
MHW
(N) CLASS V UNDERLAYER
ROCK MATERIAL
(PLACE AS NEEDED)
IN-FILL ROCK MATERIAL
AT EDGE OF SEAWALL
ACCESS ROAD
(N) CLASS XI ARMOR STONE
45.2'
APPROX.
(AS NEEDED)
EXISTING GRADE / RIPRAP
F
5 DRAWN: APPROVED
SURVEY NO.
PROJECT NUMBER
DEPARTMENT OF PUBLIC WORKS
THE CITY OF DALY CITY
CALIFORNIA
SCALE:
DATE:
CITY ENGINEER
DESIGNED:
CHECKED:
1 -
SHEET COUNT
OF
SHEET NUMBER
2022-10-CS
JANUARY, 2025
MUSSEL ROCK LANDFILL
2025 SEAWALL REPAIR PROJECT
T.R.A.
M.V.
M.V.
SEAWALL REPAIR PLAN AND TYPICAL SECTIONS
05 G:\Graphics\projects(AND NEW CADD DIRS)\MUSSEL ROCK- MIKE VELZY\NEW PLAN SHEETS AS OF 01-21-2025\SHEET 05-R3.dwg 03/04/2025 03:11 N
AS SHOWN
0' 20' 40'
58 SECTION "D" @ STA: 13+00.00
SECTION "D" @ STA: 13+00.00
SCALE: 1" = 15'
SCALE: 1" = 20'
SECTION "E" @ STA: 13+50.00
SCALE: 1" = 15'
N
0' 20' 40'
R.P.E.
OUTFALL 1
D, E, AND F
D
5 SECTION "E" @ STA: 13+50.00
SCALE: 1" = 20'
E
5 N
0' 20' 40'
SECTION "F" @ STA: 14+42.66
SCALE: 1" = 15'
SECTION "F" @ STA: 14+42.66
SCALE: 1" = 20'
F
5 OUTFALL 3
DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT.)
SHOWN AT BASE OF SEAWALL
DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT.)
SHOWN AT BASE OF SEAWALL DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT.)
SHOWN AT BASE OF SEAWALL
STA: 13+00.00
STA: 13+50.00
STA: 14+42.66
OUTFALL 3
OUTFALL 1
G 6
OUTFALL 1
H
6 60
50 40
30 20
10 0
-10
-20
60 50
40 30
20 10
0 -10
-20
0+000+250+500+751+00
ELEVATION
STATION G
58.7'
MHW
1 2.2
(N) CLASS V UNDERLAYER
ROCK MATERIAL
(PLACED AS NEEDED)
(N) CLASS XI ARMOR STONE
PACIFIC OCEAN
WATER SURFACE
VARIES
IN-FILL ROCK MATERIAL
AT EDGE OF SEAWALL
ACCESS ROAD (AS NEEDED)
PROPOSED FINISH GRADE
APPROX.
ACCESS ROAD
EXISTING GRADE / RIPRAP
60 50
40 30
20 10
0 -10
-20
60 50
40 30
20 0
-10
-20
0+000+250+500+751+00
ELEVATION
STATION H
PACIFIC OCEAN
ACCESS ROAD
PROPOSED TOE
FROM WATER LINE (APPROX.)
(N) CLASS V UNDERLAYER
ROCK MATERIAL
(PLACED AS NEEDED)
WATER SURFACE
VARIES
EXISTING GRADE / RIPR
MHW
IN-FILL ROCK MATERIAL
AT EDGE OF SEAWALL
ACCESS ROAD (AS NEEDED)
(N) CLASS XI ARMOR STONE
PROPOSED FINISH GRADE
APPROX.
10 80.3'
1 1.4
CLASS VII UPPER
HALF OF SLOPE
I
6 60
50 40
30 20
10 0
-10
-20
60 50
40 30
20 10
0 -10
-20
0+000+250+500+751+00
ELEVATION
STATION I
1 1.5
PACIFIC OCEAN
WATER SURFACE
VARIES
PROPOSED FINISH GRADE
EXISTING GRADE /
MHW (N) CLASS V UNDERLAYER
ROCK MATERIAL
(PLACE AS NEEDED)
IN-FILL ROCK MATERIAL
AT EDGE OF SEAWALL
ACCESS ROAD (AS NEEDED)
(N) CLASS XI ARMOR STONE
62.2'
ACCESS ROAD
RIPRAP
DRAWN: APPROVED
SURVEY NO.
PROJECT NUMBER
DEPARTMENT OF PUBLIC WORKS
THE CITY OF DALY CITY
CALIFORNIA
SCALE:
DATE:
CITY ENGINEER
DESIGNED:
CHECKED:
1 -
SHEET COUNT
OF
SHEET NUMBER
2022-10-CS
JANUARY, 2025
MUSSEL ROCK LANDFILL
2025 SEAWALL REPAIR PROJECT
T.R.A.
M.V.
M.V.
SEAWALL REPAIR PLAN AND TYPICAL SECTIONS
06 G:\Graphics\projects(AND NEW CADD DIRS)\MUSSEL ROCK- MIKE VELZY\NEW PLAN SHEETS AS OF 01-21-2025\SHEET 06-R3.dwg 03/04/2025 03:14 N
AS SHOWN
0' 30' 60'
68 SECTION "G" @ STA: 14+50.00
SCALE: 1" = 30'
SECTION "H" @ STA: 16+00.00
SCALE: 1" = 30'
SECTION "I" @ 16+80.00
SCALE: 1" = 30'
N
0' 30' 60'
SECTIONS G, H, AND I
SECTION "G" @ STA: 14+50.00
SCALE: 1" = 15'
H 6
SECTION "H" @ STA: 16+00.00
SCALE: 1" = 15'
G
6 R.P.E.
DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT.)
SHOWN AT BASE OF SEAWALL
I
6 SECTION "I" @ STA: 16+80.00
SCALE: 1" = 15'
STA:14+50.00
DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT.)
SHOWN AT BASE OF SEAWALL
STA:16+00.00
N
0' 30' 60'
STA:16+80.00
DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT.)
SHOWN AT BASE OF SEAWALL
K 7
J 7
60 50
40 30
20 10
0 -10
-20
60 50
40 30
20 10
0 -10
-20
0+000+250+500+751+00
ELEVATION
STATION K
50.9'
1 1.8
PACIFIC OCEAN
(N) CLASS V UNDERLAYER
ROCK MATERIAL
(PLACED AS NEEDED)
WATER SURFACE
VARIES
EXISTING GRADE / RIPRAP
(N) CLASS XI ARMOR STONE
IN-FILL ROCK MATERIAL
AT EDGE OF SEAWALL
ACCESS ROAD (AS NEEDED)
MHW
APPROX.
ACCESS ROAD
PROPOSED FINISH GRADE
60 50
40 30
20 10
0 -10
-20
60 50
40 30
20 10
0 -10
-20
0+000+250+500+751+00
ELEVATION
STATION J
60.3'
8.0'
MHW
PACIFIC OCEAN
(N) CLASS V UNDERLAYER
ROCK MATERIAL
(PLACED AS NEEDED)
(E) EXISTING RIPRAP
WATER SURFACE
VARIES
EXISTING GRADE /
(N) CLASS XI ARMOR STONE
IN-FILL ROCK MATERIAL
AT EDGE OF SEAWALL
ACCESS ROAD (AS NEEDED)
ACCESS ROAD
1 1.5
PROPOSED FINISH GRADE
APPROX.
RIPRAP
60 50
40 30
20 10
0 -10
-20
60 50
40 30
20 10
0 -10
-20
0+000+250+500+751+00
ELEVATION
STATION L
42.0'
PACIFIC OCEAN
WATER SURFACE
VARIES
(N) CLASS XI ARMOR STONE
EXISTING GRADE /
(N) CLASS V UNDERLAYER
ROCK MATERIAL
(PLACED AS NEEDED)
PROPOSED FINISH GRADE
IN-FILL ROCK MATERIAL
AT EDGE OF SEAWALL
ACCESS ROAD (AS NEEDED)
MHW
APPROX.
RIPRAP
ACCESS ROAD
L 7
DRAWN: APPROVED
SURVEY NO.
PROJECT NUMBER
DEPARTMENT OF PUBLIC WORKS
THE CITY OF DALY CITY
CALIFORNIA
SCALE:
DATE:
CITY ENGINEER
DESIGNED:
CHECKED:
1 -
SHEET COUNT
OF
SHEET NUMBER
2022-10-CS
JANUARY, 2025
MUSSEL ROCK LANDFILL
2025 SEAWALL REPAIR PROJECT
T.R.A.
M.V.
M.V.
SEAWALL REPAIR PLAN AND TYPICAL SECTIONS
07 G:\Graphics\projects(AND NEW CADD DIRS)\MUSSEL ROCK- MIKE VELZY\NEW PLAN SHEETS AS OF 01-21-2025\SHEET 07-R3.dwg 03/04/2025 03:16 N
AS SHOWN
0' 30' 60'
78 SECTION "K" @ STA: 18+50.00
SCALE: 1" = 30'
SECTION "J" @ 17+50.00
SCALE: 1" = 30'
N
0' 30' 60'
SECTIONS J, K, AND L
SECTION "K" @ STA: 18+50.00
SCALE: 1" = 15'
K
7 R.P.E.
DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT.)
SHOWN AT BASE OF SEAWALL
DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT.)
SHOWN AT BASE OF SEAWALL
J
7 SECTION "J" @ STA: 17+50.00
SCALE: 1" = 15'
STA:18+50.00STA:17+50.00
N
0' 30' 60'
SECTION "L" @ STA: 19+50.00
SCALE: 1" = 30'
SECTION "L" @ STA: 19+50.00
SCALE: 1" = 15'
L
7 DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT.)
SHOWN AT BASE OF SEAWALL
STA:19+50.00
M
8 N 8
60 50
40 30
20 10
0 -10
-20
60 50
40 30
20 10
0 -10
-20
0+000+250+500+751+00
ELEVATION
STATION N
46.6' 1
1.3 MHW
APPROX.
PACIFIC OCEAN
WATER SURFACE
VARIES
(N) CLASS V UNDERLAYER
ROCK MATERIAL
(PLACED AS NEEDED)
IN-FILL ROCK MATERIAL
AT EDGE OF SEAWALL
ACCESS ROAD (AS NEEDED)
EXISTING GRADE /
(N) CLASS XI ARMOR STONE
PROPOSED FINISH GRADE
RIPRAP
ACCESS ROAD
3'
(E) GABION WALL
EG
LC
1 1.5
(E) RIPRAP
(E) GRANULAR MATERIAL
SURFACE ON ACCESS ROAD
(N) RIPRAP CLASS V AND VII (AS NEEDED)
IN-FILL ROCK AS NEEDED TO GRADE
45 40
35 30
25 0+000+150+300+450+60
ELEVATION
45 40
35 30
25 0+75
ELEVATION
DRAWN: APPROVED
SURVEY NO.
PROJECT NUMBER
DEPARTMENT OF PUBLIC WORKS
THE CITY OF DALY CITY
CALIFORNIA
SCALE:
DATE:
CITY ENGINEER
DESIGNED:
CHECKED:
1 -
SHEET COUNT
OF
SHEET NUMBER
2022-10-CS
JANUARY, 2025
MUSSEL ROCK LANDFILL
2025 SEAWALL REPAIR PROJECT
T.R.A.
M.V.
M.V.
SEAWALL REPAIR PLAN AND TYPICAL SECTIONS
08 G:\Graphics\projects(AND NEW CADD DIRS)\MUSSEL ROCK- MIKE VELZY\NEW PLAN SHEETS AS OF 01-21-2025\SHEET 08-R3.dwg 03/04/2025 03:18 N
AS SHOWN
0' 30' 60'
88 SECTION "M" @ STA: 19+60.00
SCALE: 1" = 30'
SECTION "N" @ 22+00.00
SCALE: 1" = 30'
N
0' 30' 60'
SECTIONS M, AND N
SECTION "M" @ STA: 19+60.00
SCALE: NTS
M
8 R.P.E.
DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT.)
SHOWN AT BASE OF SEAWALL
DO NOT PLACE RIPRAP BELOW
MHW LINE (ELEVATION 6.72 FT.)
SHOWN AT BASE OF SEAWALL
N
8 SECTION "N" @ STA: 22+00.00
SCALE: 1" = 15'
STA:19+60.00
STA:22+00.00
Northern California Office Central California Office Southern California Office 646 University Avenue 6417 Dogtown Road 699 Hampshire Road, Suite 101 Los Gatos, CA 95032 San Andreas, CA 95249‐9640 Thousand Oaks, CA 91361‐2352 (408) 354‐5542 (209) 736‐4252 • Fax (209) 736‐1212 (805) 370‐8710
www.cottonshires.com
COTTON, SHIRES AND ASSOCIATES, INC.
CONSULTING ENGINEERS AND GEOLOGISTS
CSA MEMORANDUM
Project: Mussel Rock Landslide Stabilization
Project No.: E6192E
Date: March 27, 2025
Re: Revetment Installation to Arrest On‐Going Bluff Erosion and Subsequent Landsliding
The purpose of this memorandum is to summarize our recommendation to install a rip rap revetment at the base of the active landsliding at Mussel Rock Beach. Based on our observations the unprotected (lacking a revetment) portion of the bluff at Mussel Rock is a complex of active landslides that are rapidly propagating upslope towards the Upper Disposal Area (UDA), widening, and pushing the toe of bluff landward.
Due to powerful waves eroding the toe of the bluff and washing away buttressing landslide material at and near the beach level, the landslides continue to work their way upslope and widen. The recent landslide enlargement has occurred primarily in the southern area of the landslide complex. The process of toe erosion resulting in headward advancement of the landslide is akin to a conveyor belt, because it continues without any possibility for slowing down or stopping without arresting the toe erosion. At a typical landslide slope, the debris deposited at the base of the landslide begins to build up and acts as a toe buttress until enough debris has been deposited that the landslide slows down, and/or stops moving. This process occurs in conjunction with the over‐steepened headscarp eroding to a marginally stable inclination. However, at the Mussel Rock site landslide buttressing debris is prevented from accumulating at the toe by the wave action carrying the material away. The void left by the erosion at the toe is then filled by landslide debris from upslope removing material that was partially buttressing the over‐steepend headscarp resulting in failures of the headscarp and enlargement of the landslide as the conveyor belt process continues unabated.
Because of the on‐going and fast rate of landslide movement, it will not be possible for the City to evaluate and develop a mitigation plan due to the conditions changing significantly every couple of months.
Consequently, we recommend that the City install an emergency rip rap revetment at, and below, the beach level to protect the toe of the landslide and the bluff. The Revetment should consist of 8‐ to 10‐ton durable rock, sloped at 1.75:1 (H:V) and extend up to at least
Richard Chiu March 27, 2025
COTTON, SHIRES AND ASSOCIATES, INC.
Elevation 30 (NAVD88). The first course of stones should be installed at approximately the Mean High Water (MHW).
Photograph 1 – Landslide Propagating Upslope and to the South and Eroded Bluff
Photograph 2 – Eroded Cove
Richard Chiu March 27, 2025
COTTON, SHIRES AND ASSOCIATES, INC.
LiDAR Hillshade – Landslide Limits
Engineering Geologic Map
Richard Chiu March 27, 2025
COTTON, SHIRES AND ASSOCIATES, INC.
Engineering Geologic Cross Section
We trust that this memorandum provides the City with the information it requires at this time. Please don’t hesitate to contact us if you have additional questions.
Very truly yours,
COTTON, SHIRES AND ASSOCIATES, INC.
David T. Schrier
Principal Geotechnical Engineer
AM:DTS:st
PUBLIC CONTRACT CODE
SECTION 22050
22050. (a) (1) In the case of an emergency, a public agency, pursuant to a four-fifths vote of its governing body, may repair or replace a public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without giving notice for bids to let contracts.
(2) Before a governing body takes any action pursuant to paragraph (1), it shall make a finding, based on substantial evidence set forth in the minutes of its meeting, that the emergency will not permit a delay resulting from a competitive solicitation for bids, and that the action is necessary to respond to the emergency. (b) (1) The governing body, by a four-fifths vote, may delegate, by resolution or ordinance, to the appropriate county administrative officer, city manager, chief engineer, or other nonelected agency officer, the authority to order any action pursuant to paragraph (1) of subdivision (a).
(2) If the public agency has no county administrative officer, city manager, chief engineer, or other nonelected agency officer, the governing body, by a four-fifths vote, may delegate to an elected officer the authority to order any action specified in paragraph (1) of subdivision (a).
(3) If a person with authority delegated pursuant to paragraph (1) or (2) orders any action specified in paragraph (1) of subdivision (a), that person shall report to the governing body, at its next meeting required pursuant to this section, the reasons justifying why the emergency will not permit a delay resulting from a competitive solicitation for bids and why the action is necessary to respond to the emergency.
(c) (1) If the governing body orders any action specified in subdivision (a), the governing body shall review the emergency action at its next regularly scheduled meeting and, except as specified below, at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action. If the governing body meets
weekly, it may review the emergency action in accordance with this paragraph every 14 days.
(2) If a person with authority delegated pursuant to subdivision (b) orders any action specified in paragraph (1) of subdivision (a), the governing body shall initially review the emergency action not later than seven days after the action, or at its next regularly scheduled meeting if that meeting will occur not later than 14 days after the action, and at least at every regularly scheduled meeting thereafter until the action is terminated, to determine, by a four-fifths vote, that there is a need to continue the action, unless a person with authority delegated pursuant to subdivision (b) has terminated that action prior to the governing body reviewing the emergency action and making a determination pursuant to this subdivision. If the governing body meets weekly, it may, after the initial review, review the emergency action in accordance with this paragraph every 14 days.
(3) When the governing body reviews the emergency action pursuant to paragraph (1) or (2), it shall terminate the action at the earliest possible date that conditions warrant so that the remainder of the emergency action may be completed by giving notice for bids to let contracts.
(d) As used in this section, "public agency" has the same meaning as defined in Section 22002.
(e) A three-member governing body may take actions pursuant to subdivision (a), (b), or (c) by a two-thirds vote.
(f) This section applies only to emergency action taken pursuant to Sections 20133, 20134, 20168, 20193, 20205.1, 20213, 20223, 20233, 20253, 20273, 20283, 20293, 20303, 20313, 20331, 20567, 20586, 20604, 20635, 20645, 20685, 20736, 20751.1, 20806, 20812, 20914, 20918, 20926, 20931, 20941, 20961, 20991, 21020.2, 21024, 21031, 21043, 21061, 21072, 21081, 21091, 21101, 21111, 21121, 21131, 21141, 21151, 21161, 21171, 21181, 21191, 21196, 21203, 21212, 21221, 21231, 21241, 21251, 21261, 21271, 21290, 21311, 21321, 21331, 21341, 21351, 21361, 21371, 21381, 21391, 21401, 21411, 21421, 21431, 21441, 21451, 21461, 21472, 21482, 21491, 21501, 21511, 21521, 21531, 21541, 21552, 21567, 21572, 21581, 21591, 21601, 21618, 21624, 21631, 21641, and 22035.
City Council Agenda ReportItem # _____
Meeting Date: April 14, 2025
Subject: Authorize the City Manager to Execute a Construction Contract for the Fire Station 95 Diesel Fuel Tank Replacement Project
Recommended Action
Staff recommends the City Council authorize the City Manager to execute a contract with Tec Accutite for the Fire Station 95 diesel fuel tank replacement project in an amount of $173,631 and authorize the City Manager, or his designee, to execute all other necessary contracts to complete the project.
Discussion
The Public Works Department is responsible for fuel management, as well as the maintenance and repair of the City’s fuel sites and infrastructure. The above-ground diesel fuel tank at Fire Station 95 has exceeded its expected lifespan. Installed approximately 30 years ago, it was designed to last 25 years. Due to its deteriorating condition, lack of replacement parts, and outdated monitoring and dispensing systems, staff has prioritized its replacement.
Fuel storage tanks at fire stations are critical for emergency response readiness, ensuring uninterrupted operations, faster refueling, and preparedness during disasters. On-site fuel reserves eliminate reliance on off-site fuel stations, reducing downtime and improving efficiency while also enhancing cost-effectiveness through bulk purchasing.
The project scope includes decommissioning and disposing of the existing above-ground diesel storage tank, procuring and installing a new diesel storage tank, upgrading tank monitoring equipment, and constructing a new concrete slab with a confinement berm.
On May 23, 2011, the City Council adopted a resolution to become subject to the Uniform Public Construction Cost Accounting Procedures Act and introduced an ordinance adopting Informal Bidding Procedures under the California Uniform Public Construction Cost Accounting Procedures Act (CUPCCAA).
This project qualifies for procurement under CUPCCAA, streamlining the bidding and award process while ensuring compliance with the Public Contract Code. Public Works staff solicited quotes from contractors on the City’s 2025 CUPCCAA Prequalification List and received two proposals, outlined below:
Contractor Cost
Tec Accutite $173,631
Gettler-Ryan Inc $240,600
Fiscal Impact
The proposed project is anticipated to have a total cost of $173,631. Sufficient funds are available in the Fire Station 95 Diesel Fuel Tank Replacement project account number 31-313-904.
Authorize City Manager execute Construction Contract
for the Fire Station 95 Diesel Fuel Replacement Project April 14, 2025
Summary/Conclusion
Staff recommends the City Council authorize the City Manager to execute a contract with Tec Accutite for the Fire Station 95 diesel fuel tank replacement project in an amount of $173,631 and authorize the City Manager, or his designee, to execute all other necessary contracts to complete the project.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Jeffery Fornesi Richard Chiu, Jr.
Assistant Director of Public Works Director of Public Works Attachment: Tec Accutite Proposal
Gettler-Ryan Proposal
P R O P O S A L
Proprietary and confidential
PREPARED FOR:
Jose Garcia
FUEL TANK REPLACEMENT (CONVAULT)
FIRE STATION #95
CITY OF DALY CITY
Prepared December 17, 2024
December 17, 2024
Bid No: 24063_rev.1
Jose Garcia
CITY of DALY CITY
Fleet Supervisor
794 Niantic Ave
Daly City, CA 94014
Subject: Fuel Tank Replacement
Daly City Fire Station #95
191 Edgemont Dr, Daly City, CA
Dear Mr. Garcia,
Technology Engineering & Construction, Inc. (TEC) proposes to furnish labor and equipment for the performance of the scope of work listed below, subject to the conditions and exclusions identified.
A - Scope of Work
Engineering Plans & Permitting
- Design/Engineer a new fuel oil system installing an aboveground tank and concrete pad in compliance with local, state, and federal regulations, including Professional Engineer stamped (California) drawings. - Obtain permits from City of Daly City Building Department and North County Fire Authority for replacing the aboveground storage tank. Including permit coordination and processing.
Existing Tank Removal
- Prepare a site-specific Health and Safety Plan establishing the general safety requirements necessary to protect the public, contractor, employees, owner/operator, and properties involved in this project. - Disconnect existing fuel pump and associated hardware, including Fuel Management System (Fuel Master).
- Empty and rinse tank in accordance with applicable regulations, we will have a licensed hazardous waste hauler to dispose of the rinse water at a State Certified Treatment Facility for recycling. Explosion proof vacuum will be used to remove the product from the tank and contained in three (3) 55-gallon drums. - Hazardous waste tank closure certification will be provided after the tank has been properly rendered non-hazardous.
- Schedule Local Agency Having Jurisdiction to witness tank closure. - Plug all the tank openings and have stickers indicating tank is empty. Lift, load, and transport tank to a recycling facility to be disposed as scrap metal.
- Prepare closing documents.
Tank Pad Preparation – Concrete Work
- Demo existing concrete slab and berm; properly dispose. - Excavate to remove existing soil base, replace it with a new engineering mix, per design. And properly compact per specifications.
- Pour a new concrete pad to accommodate new tank, allowing concrete curing time.
Aboveground Tank Installation (ConVault Concrete Tank)
- Provide and install a ConVault concrete tank system, 1,000-gallon, UL-2085/UL752 rectangular aboveground storage tank with overfill prevention valve and 7-gallon containment. - Anchor and secure tank after installation.
- Install tank top accessories: direct reading level gauge, overfill prevention valve and drop tube, emergency and working vents.
- Provide and install a Fill Rite 701V 1/3HP fuel pump including hanging hardware. Connect to existing Fuel Management System (Fuel Master).
- Install direct sight leak sensor on the interstitial space. - Installation of labels that contain applicable signs for the AST (NFPA, Hazardous characteristics, Combustible label, AST Contents, Working/Max Capacity). - Verify system operability.
- Schedule Local Agency Having Jurisdiction for final inspection of the new tank installation. - Prepare closing documents.
B – Conditions
- Work to be performed on regular working hours.
- One mobilization included in price.
- Scope assumes access to nearby domestic water supply and toilets. - No extra work will be performed without an authorized TEC Accutite Change Order, executed by the Client or his authorized representative, outlining the additional Scope of Work and the estimated costs. - All work will be done in accordance with industry standards and applicable federal, state, and local regulations.
- Rates of transportation, disposal or handling of contaminated soil/groundwater, or any hazardous materials are subject to changes without notice.
- Extra work/T&M to include management costs.
- Owner/General Contractor to provide access and parking for any equipment necessary for completion of said work (including but not limited to trucks, forklift, and compressor).
C – Exclusions
- Additional work required as a result of Fire Permit requirements not included in this proposal. - Work not shown in project/contract drawings or in the specifications. - Disposal or handling of contaminated soil/groundwater, or any hazardous materials except for what is explicitly stated.
- No removal, replacement, or relocation of any underground utilities. - Fuel is not included.
- Responsibility for any damage to all existing equipment. - Responsibility for damage or replacement of underground utilities and/or existing asphalt and concrete due to heavy equipment traffic.
- This proposal excludes any electrical work, shoring, soil sampling and soil test report, soil compaction not specifically listed.
- Work not specifically listed.
- Design work, calculations, or stamped drawings other than specifically listed. - Bonding – Performance, Payment, and/or Maintenance
D – Price of Work
Price is based on Prevailing Wages (San Mateo County) and is as follows:
Scope of Work Cost
Engineering & Structural Plans $ 11,980
Allowance for Permit Fees $ 5,000
Permit Processing $ 3,750
Tank Closure & Disposal $ 40,606
New Aboveground Tank Installation – Convault Concrete $ 112,295 TOTAL $ 173,631
E – Payment Terms
Payment remittance is Net 30 days. TEC reserves the right to stop work if the payment terms are not met. Any fees, service or legal, incurred by TEC for collection of unpaid amounts will be collected from Client.
F – Limitations and Indemnification
Customer agrees to indemnify and hold TEC harmless and to defend TEC against any and all claims, including third party, demands or causes of action, from whatever source, if same are not based upon TEC’s negligence in performing its services hereunder, and to reimburse TEC for reasonable attorneys’ fees associated herewith.
Please contact the undersigned at 650-616-1206 at your convenience, so we can set a time and date for the review of this proposal, and for the set up of a pre-construction meeting. We appreciate the opportunity to provide our services and look forward to working with you on this project. If approved, please write up the contract or PO and forward to TEC for execution.
Sincerely,
Arnulfo Cardona Approved:
Operations Manager | TEC Accutite Signature ________________________________________________ 262 Michelle Ct | So. San Francisco, CA 94080 Name ________________________________________________ T: 650 616 1229 | C: 6502961730 | F: 650 616 1244 T i t l e ________________________________________________ Website: www.tecaccutite.com D a t e ________________________________________________
6805 Sierra Court, Suite G Dublin, CA. 94568
Jose Garcia Page 1
Daly City Fleet Supervisor January 16, 2025 794 Niantic Ave
Daly City CA 94014
Office 650-991-8027
Mobile 650-892-3093
Re: Fire Station 95 191 Edgemont Dr., Daly City
1,000-gallon Diesel AST and enclosure removal and replacement
Mr. Garcia,
Thank you for allowing Gettler-Ryan Inc. the opportunity to provide an estimate for the tank replacement per site discussion of 8/14/2024. It is our understanding that if the outlined scope of work below is requested to be different a revised estimate can be presented.
The Estimate for this project based on the following scope of work is:
$240,600 (Two Hundred Forty Thousand Six Hundred dollars).
Our Proposal includes the following:
• Prepare submittal drawings for City approval and apply for permits with San Mateo County and/or Daly City Fire department and building department (as required).
a. Enclosure/slab details by registered civil engineer utilizing presumptive values from Chapter 18 for soil bearing
b. All permit application efforts (time) and permit fees to be additional plus 15% mark-up.
• Disconnect electrical and fueling equipment on the existing AST • Owner to remove fuel over 2” from tank bottom prior to triple rinsing/cleaning of the tank. Included is existing tank waste of up to 100 gallons to be disposed of under a hazardous manifest.
• Existing tank to be triple rinsed, cleaned with high pressure hot water.
Removed residual product, reinstate and tank to be hauled offsite to be disposed of as hazardous waste at a certified facility. • Provide erosion control waddles and sediment filters in storm drains • Following the removal of the AST, remove two bollards for access of equipment to demo the existing concrete enclosure and slab. • Off-haul and dispose of the concrete as non-hazardous
6805 Sierra Court, Suite G Dublin, CA. 94568
• Excavate as needed per engineered plans to provide designed sub-base and water drainage area behind the earth retaining wall side/ends. • An allowance for up to $2000.00 for base rock, drain rock, filter fabric and drain piping is included in this estimate.
• An allowance for up to 4 tons of excavated clean material disposal is included in this estimate.
• An allowance of $2200 is included for compaction testing under slab to engineer’s design and provide compaction testing report (if required) • Form for slab and have building department inspect #5 re-bar at 12”ocew T & B prior to pouring
• A concrete mix of 3500psi included in this estimate, provide submittal for concrete design matching engineers design to be provided. • Form for walls and place water stop between slab and walls, have building department inspect #5 re-bar at 12”ocew T & B prior to pouring • Include standard spray on curing compound
• Replace the two removed crash posts and paint to match removed • Clean up all debris and remove all construction safety and sediment control efforts.
• De-mob for recommended time to allow for proper curing prior to returning for continuing of the tank installation.
• Furnish and install one new UL2085 listed 1,000-Gallon “ConVault” above ground tank that will fit inside the new existing containment area similarly to how the existing installation is now.
• Provided new tank top mounted equipment to include 7-gallon overfill containment box, overfill prevention valve, E-vents, 12ft high working vent • Overfill/Overspill prevention via local mechanical level gauge, tank top fill containment box and mechanical overfill prevention valve. • Furnish and install the following electrical services:
Disconnect existing fuel management system and reconnect to new 110volt enclosed tank top pump with new ¾” hose/nozzle/breakaway. Replace existing light with new LED light mounted on new 4” square steel pole x 12-foot-high with a proper concrete footing. • Conduits for power and data to new tank to remain as-is where not disconnected for construction. We will remove and replace conductors within existing conduits and replace conduits as needed within the proposed construction area for a complete and operable system. • An allowance of up to $1350 is included for regulatory required signage, fire extinguisher and addition of a self-closing valve on the existing AST containment area drain line.
• Prevailing wage work is included.
6805 Sierra Court, Suite G Dublin, CA. 94568
• Coordinate fuel tank tests and inspections with local agencies. • Provide standard barricades and caution tape around immediate work area for safety of Fire Station employees and our workers as needed. • Provide eye wash station and porta-a-potty for the duration of work period. • Duration of submittal drawing & permit period is estimated at 4-5 months. • Duration of fabrication/deliver of the AST is 3 months • Duration of construction period is expected to be approximately (3) weeks plus required new concrete enclosure cure period.
• Prepare and provide as needed enclosure/slab details designed by registered civil engineer.
• Project construction drawings/details, Site-Specific Health & Safety Plan, and Lift Plan to be provided by Gettler-Ryan Inc.
• If the project is not under construction within 30 days of the estimate date Gettler-Ryan has the right to review costs and adjust as needed for material, labor and equipment cost increases.
We have excluded costs for the following:
• Asbestos testing, abatement, removal and or notifications. • Upgrades and/or repairs to existing pump power or fuel management systems. Replacement of conduits and wiring only in the immediate work area is included for disconnect & reconnection purposes. • Handling, Sampling, Disposal & Storage of hazardous materials or waste other than noted as included for the tank cleaning and disposal. • Application fees, permit fees, Utility Company fees. (all permit fees to be reimbursed plus 15% mark-up for overhead and profit)
• Dewatering, water intrusion, water pumping, water storage due to unknown soil conditions & water table.
• Over-excavation, storage, loading, transportation and disposal of soil and its replacement due to soil cave-ins and related conditions. • Excluded is soil/water contamination handling, sampling, analytical reports, disposal or replacement of soils due to contamination. • Rock Conditions or extremely hard digging conditions-based on using hand auger or hand tools for the one light pole footing. • Engineering, Consultants, Special Inspections, Soils reports: unless noted • Repairs, Upgrades, Relocation and/or modifications of unforeseen utilities, and underground structures or re-used lines.
• Erosion Control and SWPPP Plans
• Regulatory required items such as signage, fire extinguisher, containment area drain valve, etc. over the stated allowance of $1,350.
6805 Sierra Court, Suite G Dublin, CA. 94568
• Any concrete coating materials, sealing or installation if requested or required by our hired engineer, Daly City or San Mateo County Building Department.
• Any sampling or analytical reporting of any removed materials • Any permitting for San Mateo County environmental health or other entity pertaining to the project will be cost plus 15%.
• Upgrade other than specified included in above scope of work. • Limited water and electricity for daily construction purposes to be provided by site.
Respectfully Submitted,
Gene Rotter
Gene Rotter
Gettler-Ryan Inc.
City Council Meeting Agenda ReportItem # _____
props
Meeting Date: April 14, 2025
Subject: Increase Funding for the Utility Rate Assistance Program to $50,000 and Appropriate $5,000 for FY 2025
Recommended Action
Staff recommends that the City Council approve adding $40,000 to the Utility Rate Assistance Program (URAP) for a program total of $50,000, to continue providing financial assistance to residents for water, solid waste, and sewer services. It is also recommended that an additional $5,000 of unallocated General Fund – fund balance be appropriated.
Background
The Utility Rate Assistance Program (URAP) has provided financial assistance to eligible low- income households by providing a discount on their bi-monthly utility bills for water and solid waste services. The financial assistance through the General Fund covers the authorized increase in rates maintaining the existing rate for those customers that meet eligibility requirements and have approved applications.
Since URAP commenced in August 2023, the program has helped 163 households save $9,756.49 - $4,407.67 in water and $5,348.82 in solid waste. As of March 31st, there is a $243.51 balance remaining in the original $10,000 budget. Staff estimates that an additional $5,000 will be needed through June 30, 2025 and recommends an appropriation of $5,000 from unallocated General Fund – fund balance. With the success of URAP providing financial assistance to residents, staff is requesting an additional $40,000 for the program’s budget in future years to prepare for upcoming water (4%) and solid waste (6.63%) increases July 1st and a proposed 9% sewer rate increase as well.
Discussion
Under the leadership of the City Council and the City Manager, URAP will continue to be administered by the Department of Water and Wastewater Resources and Finance and Administrative Services. This team will administer applications, eligibility verification, and disbursement of assistance. The URAP outreach campaign will continue to ensure community awareness and promote participation by qualified residents. Regular reporting will be provided to the City Council regarding program usage, financial status, and impact.
Fiscal Impact
This will appropriate $5,000 for FY 2025 of unallocated General Fund – fund balance to fund the program through June 30, 2025. The request for the full $50,000 for the program will be included in the FY 2026 operating budget request.
City Council Agenda Report
Subject: Increase Funding for the Utility Rate Assistance Program to $50,000 and Appropriate $5,000 for FY 2025
Meeting Date: April 14, 2025
Summary/Conclusion
Staff recommends that the City Council appropriate $5,000 of unallocated General Fund – fund balance contribution and approve adding $40,000 to the Utility Rate Assistance Program for a total program funding of $50,000 to continue providing financial assistance to residents for water, solid waste, and sewer services.
Staff is available to provide any additional information desired by the Mayor or Councilmembers.
Respectfully submitted,
Timothy J. Nevin Joshua Cosgrove Director of Finance and Director of Water & Wastewater Resources Administrative Services