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Agenda packet

Daly City City Council
July 14, 2025

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Agenda packet
Meeting
July 14, 2025
Body
Daly City City Council
Pages
149
Original file
13.5 MB
Text extracted from the city's file for reading and search. Open the original on dalycityca.api.civicclerk.com. That file is the official record.

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, July 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:

Page 1 of 149 ends

Agenda – City Council
Monday, July 14, 2025

Page 2 ends

ROLL CALL:

APPROVAL OF MINUTES:

1. Regular Meeting of June 23, 2025

APPROVAL OF AGENDA:

2. Regular Meeting of July 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:

3. Accept and Appropriate Grant from County of San Mateo Aging and Disabilities Services for Fiscal Year 2025-2026 Congregate Nutrition Program

4. Accept and Appropriate Notice of Completion for the Civic Center North Human Resources Tenant Improvements Project

5. Approve Negotiation Agreement (ENA) with The Olympic Club Regarding Improvements to Westlake Park

6. Appropriate and Amend the City Manager’s Authority for the Mussel Rock Stability Project

7. Approve Memorandum of Agreement with City and County of San Francisco for Funding, Construction, and Operation of the Vista Grande Drainage Basin Improvement Project

8. Authorize the City Manager to Execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. for the Daly City Safe Routes to School Project

Check Registers:

9. Check Registers for the Month of June 2025

END OF CONSENT AGENDA

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Agenda – City Council
Monday, July 14, 2025

Page 3 ends

ORDINANCES:

10. Second Reading, Ordinance No. 1483, Repealing and Replacing Chapter 5.104 of the Daly City Municipal Code Re: Commercial Cannabis Regulations

STAFF: Rose Zimmerman

RECOMMENDATION: Adopt Ordinance by Roll Call Vote

APPOINTMENTS: Board/Commission Membership Committee Appointments

REPORTS:

11. Council Committee

12. City Council

13. Staff

ADJOURNMENT:

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
JUNE 23, 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 7:50 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 June 9, 2025

It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried to approve the minutes of June 9, 2025.

APPROVAL OF AGENDA:

It was moved by Councilmember Proaño, seconded by Councilmember Manalo and carried to approve the agenda.

ORAL COMMENT:

Grant Kitchen, SLAAY Bay Area , voiced concerns about immoral actions by the Trump administration, referring to the bombing of nuclear power facilities and a bill that cuts off Medicare for nearly 9 million individuals . Grant was further concerned with the administration’s violations of the Constitution, particularly unchecked powers given to the president, policies on birthright citizenship, and the deployment of the National Guard amidst immigration protests, pointing out that these acts should raise alarm in Daly City, where 50% of the population is foreign-born.

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
JUNE 23, 2025
2 Lorraine Yin, SLAAY Bay Area, spoke about the fundamentals of a democratic nation, requesting the Council to pass an ordinance supporting protestors’ rights, such as prohibiting the use of tear gas, and calling for a change in the system that perpetuates political criminality. According to Lorraine, Councilmember Coleman and Mayor Flores of South San Francisco have already backed their cause by signing a letter of support, and urged the Council to forge coalitions through joint resolutions/ordinances.

El, Anakbayan Daly City, spoke about the organization’s commitment to support migrant Filipino youth and ensure community safety for immigrants, regardless of citizenship status. El shared community concerns regarding ICE raids, attacks on migrants, and detention of family members and friends in Daly City. El urged the Council to take a public stance against the unlawful detention of migrants and to provide resources that would enable the community to access accurate information.

Ysabella Tolentino, resident and member of Anakbayan, addressed the plight of migrants who have tirelessly contributed to the country yet are enduring inhumane conditions due to unjust detainments by ICE under the Trump administration. Ysabella requested t he Council's support by increasing pressure on the Philippine Consulate to fulfill its responsibility in advocating for Filipino migrants and to take a stance against the detainment and mistreatment of these individuals, asserting it as a moral obligation.

Mateja, resident and member of Anakbayan, spoke about the resilience of Daly City as a close-knit community and relayed community concerns regarding the rise in ICE raids, deportations , and fake ICE reports, noting the anxiety these events create among students and parents. Such c oncerns were voiced during outreach efforts at Serramonte Center. Mateja asked the Council to provide resources for affected workers and to take a stance against ICE raids.

Nichole D, resident and member of Tanggol Migrante, spoke about their efforts to protect migrants from the Trump administration’s exploitation and indiscriminate actions, urging the Council to express solidarity with migrants. Nichole recounted stories of migrants striving to support families back home and of green card holders being detained by Homeland Security without due process, and asked the Council to instill hope and solidarity in the face of potential prosecutions of these individuals by Trump and ICE.

CONSENT AGENDA:

It was moved by Councilmember Manalo, seconded by Councilmember Proaño and carried to approve the consent agenda except item #11, which was pulled for further discussion.

Resolutions:

Consider Partnership with Pacific Islands Together for Various Athletic Tournaments and Hosting of Polynesian Youth Cultural Competition

Resolution 25-90, Approving A Partnership With Pacific Islands Together For Various Athletic Tournaments And Hosting Of Polynesian Youth Cultural Competition

Consider Partnership with the Bayshore Parent Teacher Organization for the Bayshore Annual Block Party at the Bayshore Community Center

Resolution 25-91, Approving A Partnership With Bayshore Parent Teacher Organization For The Bayshore Annual Block Party At The Bayshore Community Center

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
JUNE 23, 2025
3 Authorize the City Manager to Execute an Agreement and Appropriate Grant Funds with the South San Francisco Unified School District

Resolution 25-92, Authorizing Execution Of Agreement With South San Francisco Unified School District For The Afterschool Youth Recreation Program At Junipero Serra Elementary School

Authorize the City Manager to Execute an Agreement and Appropriate Grant Funds with the Brisbane School District

Resolution 25-93, Authorizing Execution Of Agreement With Brisbane School District For The Expanded Learning Opportunities Program At Panorama Elementary School And Appropriating Grant Funds For School Year 2025-2026

Adopt Appropriations Limitation for Fiscal Year 2026

Resolution 25-94, Establishing City’s Appropriations Limitation for Fiscal Year 2025-2026

Authorize the City Manager to Execute the Project Supplement for the Hillside Boulevard Complete Streets Corridor Project

Resolution 25-95, Authorizing The City Manager To Execute The Project Supplement For The Hillside Boulevard Complete Streets Corridor Project

Approval of Offer of Quitclaim Deed of Sewer Easement at 99 Southgate Avenue to Kimco Westlake L.P.

Resolution 25-96, Approving Quitclaim Deed Of Sewer Easement At 99 Southgate Avenue To Kimco Westlake L.P.

Adopt Resolution for Classification Amendments Previously Approved During Budget Process

Resolution 25-97, Memorializing Classification Amendments For Specific Miscellaneous/ Unrepresented Classifications

Resolution to Accept the Cannabis Equity Assessment Report

Economic and Community Development Specialist Maybelle Manio provided the staff report on the Cannabis Equity Assessment developed by SCI Consulting Group and Dr. Ayoka Nurse of Global Reach Strategies. Manio summarized the assessment and community engagement, highlighting key findings and stakeholder feedback to promote a more inclusive and equitable cannabis industry in Daly City.

The staff addressed various questions, including the viability of the cannabis industry as a driver for economic development, the amount of grant funding secured for the equity assessment, outreach efforts targeting youth, the current number of cannabis businesses in the City, potential business opportunities created by the assessment, historical inequities in cannabis law enforcement, and the methodology for determining data related to race.

David Kaufman from SCI and Dr. Ayoka Nurse presented their findings regarding the assessment in Daly City, detailing stakeholder outreach, providing a summary of the proposed equity program, and

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
JUNE 23, 2025
4 outlining next steps. During the discussion, the Council raised questions about whether cannabis -related arrests involved residents, the specific locations of those arrests within the City, and the equity considerations in the assessment. Dr. Nurse emphasized that the equity program aims to address the barriers faced by aspiring entrants into the cannabis industry who have been disproportionately affected.

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

Ayes: Manalo, Proaño, Sylvester, Daus-Magbual
Abstained: DiGiovanni

Resolution 25-98, Accepting The City Of Daly City Cannabis Equity Assessment

Authorize Agreement with the Jefferson Elementary School District (JESD) for Cost Sharing of Crossing Guard Services through All City Management Services (ACMS) for School Year 2025/26

Resolution 25-99, Authorizing Execution Of An Agreement With All City Management Services And The Associated Cost Sharing Agreement With Jefferson Elementary School District To Provide Crossing Guard Services (School Year 2025/2026)

Accept and Appropriate a $20,500 Check from Arevon Energy for Supporting Programming and Events to Benefit the Daly City Community through Recreation Services

Resolution 25- 100, Accepting And Appropriating A $20,500 Check From Arevon Energy For Supporting Programming And Events To Benefit The Daly City Community Through Recreation Services

Approve Addition of Board of State and Community Corrections (BSCC) Organized Retail Theft Grant Funded Community Services Officer Full-Time Equivalent Position

Resolution 25-101, Approving Addition Of Board Of State And Community Corrections Organized Retail Theft Grant Funded Community Services Officer Full-Time Equivalent Position

Annual Report – Military Equipment Use for the Police Department

Resolution 25-102, Approving The Annual Report For The Military Equipment In Use By The Daly City Police Department

Authorize the Execution of an Axon Renewal Agreement, Approve and Appropriate Funds for the Expansion of the Unmanned Aerial Systems Program for the Police Department

Resolution 25-103, Authorizing Execution Of An Axon Renewal Agreement And Approving And Appropriating Funds For The Expansion Of The Unmanned Arial Systems Program For The Police Dept.

Check Registers

Check Registers for the Month of May 2025

END OF CONSENT OF AGENDA

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
JUNE 23, 2025
5 PUBLIC HEARINGS:

Introduction of Ordinance of the City Council of the City of Daly City Repealing and Replacing Chapter 5. 104 to the Daly City Municipal Code Re: Cannabis Regulations

Economic and Community Development Specialist Manio presented a staff report outlining proposed amendments to the existing Commercial Cannabis Regulations chapter of the City’s Municipal Code. These amendments aim to establish a Cannabis Equity Program, introduce new license types, revise the licensing process, and enhance operational conditions while ensuring compliance with state law. The approval of this ordinance, particular ly the Equity Program, is a requirement for the City to qualify for phase 2 funding of up to $500,000 from GO -Biz. Staff responded to various questions regarding the proposed ordinance amendments, the types of licenses that would be allowed, and issues surrounding infusion manufacturing.

At the request of Mayor Daus-Magbual, Chi Lee was invited to share public comments regarding item #11, the Resolution to Accept the Cannabis Equity Assessment Report. Chi, a resident of the Bayshore neighborhood, voiced opposition to the rezoning of Baysho re for commercial cannabis, highlighting that there is already a dispensary or cannabis business within the San Francisco border nearby. Chi expressed concerns about the overall state of the neighborhood, particularly with the rebuilding of the projects.

It was moved by Councilmember Manalo, seconded by Councilmember Proaño and carried to open the hearing. There were no public comments.

It was moved by Vice Mayor Sylvester, seconded by Councilmember Manalo and carried to close the hearing.

It was moved by Councilmember Manalo, seconded by Councilmember Proaño and carried for the City Attorney to read by title only. Councilmember DiGiovanni abstained.

Ordinance 1483, Repealing and Replacing Chapter 5.104 to the Daly City Municipal Code Re:

Commercial Cannabis Regulations

Mayor Daus-Magbual introduced the ordinance.

Zone Change ZC 04-24-16507 - Rezoning Parcels to -CC Commercial Cannabis Combining District

Senior Planner Michael Van Lonkhuysen presented the staff report concerning amendments to the zoning map, which would incorporate specific parcels into the existing -CC combining district. Under the proposed zone change, two additional opportunity zones—located on Mission Street and Geneva Avenue— would be added to the -CC combining district.

Staff addressed several questions regarding the proposal, including the total number of eligible zones; the criteria used for selecting the proposed parcels; the number of potential locations in Area A, and the reasons why these zones were not included in the initial overlay map; updates on the Sullivan Avenue property; the types of cannabis businesses; the arrests mentioned in the assessment; the location of the Bayshore parcel; whether there are cannabis stores near the Bayshore or Mission parcels, the concentration in Zone 7; the number of smoke shops in the City; the proximity of the Mission Street parcel to a daycare and school, and the possibility of relocating that parcel; the regulations governing cannabis businesses; the absence of childcare centers in initial buffer zone considerations; alternative areas in the City which could be zoned for the -CC combining district; the applicability of the equity program across all zones; and the potential for creating limitations in certain overlay zones.

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
JUNE 23, 2025
6 The Council discussed various aspects of the proposal, considering the impacts of adding new parcels, updates on current cannabis retailers in the City, safety and security issues related to cannabis businesses, and whether this is the right time to expand the cannabis industry locally. They examined health implications of cannabis products, benefits of cannabis products, narratives surrounding the cannabis topic, components of the equity program, support of legalized cannabis in the state, the possibility of increasing the current 600- foot buffer zone, concentration in specific areas, stringent regulations on cannabis businesses, limited areas for the -CC district within the City, the potential cannabis tax revenue, and the types of businesses in the cannabis industry. Furthermore, the Council contemplated whether to postpone the decision pending receipt of additional information.

It was moved by Vice Mayor Sylvester, seconded by Councilmember Manalo and carried to open the hearing.

Sarah Turner raised concerns about the proximity of a daycare center at 6133 Mission Street to Area A (Mission Street between Crocker and Templeton), highlighting that the proposed parcel might not meet the 600-foot buffer zone requirement for dispensaries.

Alfredo E. Dela Ros a, AR Dental Care , opposed the parcel in Area 1, voicing concerns about potential problems in the area. Alfredo referenced a study linking cannabis to negative health effects, stressing the need for a department store instead. Alfredo claimed that cannabis stores typically close within five years, and noted that the state is owed $721 billion in taxes.

It was moved by Councilmember Manalo, seconded by Vice Mayor Sylvester and carried to close the hearing.

The Council requested additional information, including the locations of cannabis -related arrests in Daly City, overlays of crime statistics over current eligibility zones, the extent of cannabis sales by Daly City residents made outside the City, and legi slation related to edibles. They discussed the possibility of moving the item to a future meeting. City Attorney Zimmerman recommended selecting a date for continuation and clarified that the ordinance establis hes an overlay to accommodate certain types of manufacturing and distribution.

It was moved by Councilmember Manalo, seconded by Vice Mayor Sylvester and carried by the following roll call vote to continue the item to the regular City Council meeting of September 8, 2025:

Ayes: Manalo, Proaño, Sylvester, Daus-Magbual
Noes: DiGiovanni

COMMUNICATIONS:

Coastal Development Permit CDP-10-24-16669 - Replace Existing Sunroom with Bedroom at Rear of Home at 60 Roslyn Court

Senior Planner Van Lonkhuysen presented the applicant’s request to demolish an existing sunroom and build a bedroom addition at 60 Roslyn Court. Due to the property’s location within the Resource Protection overlay zone, a coastal development permit is required for the project.

It was moved by Councilmember Manalo, seconded by Councilmember Proaño and carried by unanimous roll call vote to adopt the following resolution.

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
JUNE 23, 2025
7 Resolution 25-104, Adopting Findings Of Fact And Imposing Conditions Of Approval On Coastal Development Permit CDP-10-24-16669 To Replace Existing Sunroom With Bedroom At Rear Of Home

Sign Program SP-03-25-016768 – Sign Program for 2945 Junipero Serra Boulevard (Planet Fitness)

Under California Government Code 84308, both Councilmembers Manalo and Proaño disclosed that they had received campaign contributions exceeding $500 from the applicant within the past year and therefore recused themselves from discussing or voting on this item.

Associate Planner Sam Fielding provided the staff report on the proposed sign program, which includes plans for a digital message board and other sign enhancements on the property.

Bob McLennan, representing Planet Fitness, addressed questions about what information would be displayed on the digital board and its operational hours.

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

Ayes: DiGiovanni, Sylvester, Daus-Magbual
Recused: Manalo, Proaño

Resolution 25-105, Adopting Findings Of Fact And Imposing Conditions Of Approval On Sign Program SP-03-25-016768 Sign Program For Planet Fitness (2945 Junipero Serra Boulevard, Daly City, California)

Councilmembers Manalo and Proaño returned to the dais after the vote was taken.

ORDINANCES:

Second Reading, Ordinance No. 1482, Adding Chapter 15.32.280 of Title 5 of the Daly City Municipal Code, Re: Fire Hazard Severity Zones

It was moved by Councilmember Manalo, seconded by Councilmember DiGiovanni and carried by unanimous roll call vote to adopt the following ordinance.

Ordinance 1482, Adding Chapter 15.32.280 of Title 5 of the Daly City Municipal Code, Re: Fire Hazard Severity Zones

REPORTS:

Council Committee

City/County Association of Governments (C/CAG) (Manalo) Association of Bay Area Governments (ABAG) (Daus-Magbual)

Council

Councilmember Manalo reported attendance at the following: the Philippine flag-raising ceremony hosted by the Pilipino Bayanihan Resource Center (PBRC ) in honor of Filipino Independence Day; the Passion To Profit business conference with participant Russ Fam Kitchen; a tour of the Daly City Human

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CITY OF DALY CITY
MINUTES – REGULAR MEETING – CITY COUNCIL
JUNE 23, 2025
8 Resources Hub, congratulating Director Sakkal and City Manager Piccolotti on the new facilities for staff; the Philippine Independence Day celebration and the 50-year anniversary of the Philippine Consulate at the Kalayaan Hall; the 45th anniversary of the Filipino Bar Association of Northern California; the San Mateo County Pride Parade, where she participated alongside her children, husband, Economic Development Specialist Manio, her daughter, Congressman Mullen, and Assemblymembers Papan and Stefani; the Legacy Martial Arts Philippine Independence Day event; the Connecting The Dots event with Representative Mullen, along with Councilmember Proaño; the 95th birthday celebration of Dolores Huerta with the San Mateo Civic Education Project, San Mateo Labor C ouncil, and various elected officials; the 15th anniversary of Señor Sisig restaurant, owned by Westmoor High School alumni; the Juneteenth Parade in San Francisco , joining numerous Bay Area residents; and the Philippine Independence Day event at Lincoln Park, featuring a fashion show, dance performances, and food, attended with her daughter Juselle.

Manalo was ecstatic with the new pathway at Lincoln Park, recognizing City Manager Piccolotti for his responsiveness and collaboration with the staff to implement this enhancement for the community's seniors.

Manalo congratulated outgoing President Roxas and newly elected President Lum of the Daly City Hosts Lions Club.

Councilmember Proaño reported attendance at the following: the Philippine flag- raising event organized by the PBRC, recognizing the organization for hosting a wonderful feast; the Connecting The Dots event; the Daly City Host Lions Club Installation, during which Proaño was installed as Director; and the third annual Passion To Profit business conference, recognizing Mayor Daus-Magbual for his speech and Economic Development Specialist Manio and her crew for their work.

Councilmember DiGiovanni reported attendance at the following: the PBRC Philippine flag-raising ceremony, acknowledging the Philippine Consul General and the City of Brisbane; the Passion To Profit conference held at the Cow Palace, showcasing various vendors; and the Connecting The Dots event with Representative Mullen, thanking the Chamber of Commerce for their work.

Mayor Daus- Magbual reported attendance at the following: the Philippine flag- raising event, recognizing Tita Perla; an event hosted by the Myanmar Student Union at City Hall featuring guitarist and filmmaker Lynn Lynn, whose award- winning film “The Way” wa s filmed entirely on an iPhone 13; and the Passion To Profit conference, where he delivered welcoming remarks to capture the entrepreneurial spirit of the event. Dr. Daus -Magbual acknowledged Economic and Community Development Specialist Manio, the Renaissance Entrepreneurship Center team, and the Russ Family for their efforts on the Passion To Profit event conference.

Staff

Director of Finance and Administrative Services Tim Nevin acknowledged keynote speaker Christopher Thornberg at the California State Municipal Finance Officers Association Conference.

ADJOURNMENT:

Mayor Daus-Magbual adjourned the meeting at 11:12 PM in memory of Donna Jean Martin.

Approved as submitted, this 14th
City Clerk
day of July , 2025.

Roderick Daus-Magbual
Mayor

Page 11 of 149 ends

City Council Agenda ReportItem # _____
Meeting Date: July 14, 2025
Subject: Accept and Appropriate Grant from County of San Mateo Aging and Disabilities Services for fiscal year 2025-2026 Congregate Nutrition Program Recommended Action
It is recommended the City Council authorize the City Manager to accept and appropriate grant funding in the amount of $298,680 from County of San Mateo Aging and Disabilities Services to subsidize the Congregate Nutrition Program from July 1, 2025 through June 30, 2026.

Background
The Department of Recreation Services has managed the County of San Mateo Aging and Disabilities Services Congregate Nutrition Program grant for senior meals and nutrition education for more than 25 years. The goal of the Congregate Nutrition Program is to promote better physical and mental health for older adults and adults with disabilities. The program goal is met by providing nutritious meals and activities that encourage socialization. Participation in the Congregate Nutrition Program is consistent with Daly City’s Age Friendly Strategic Plan. This past fiscal year we served 56,133 meals in the Congregate Nutrition Program at Café Doelger, Lincoln Park Community Center, Bayshore Community Center, and Gellert Park Clubhouse. This coming fiscal year 2025-26 we have been awarded funds to serve 36,700 meals at the 4 sites.

For reimbursement purposes, the grant requires that the meals be consumed by any person sixty (60) years of age or older or the spouse (any age) of a person (sixty) 60 years of age or older.

Individuals with disabilities who reside at home and accompany a person sixty (60) years of age or older to a site where congregate nutrition service is provided are also eligible to participate. There is a suggested voluntary contribution of $3.00 per meal for seniors ages 60 and above. The cost is $7.00 for non-seniors.

Fiscal Impact
This is a reimbursement grant. The City initially incurs the expense associated with the program and then seeks reimbursement from the county. The grant revenue of $298,680 would be received into Account 10146300-44207.

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

Respectfully submitted,
Denise Brown Jennifer Der
Director Recreation Services Manager

Page 12 of 149 ends

City Council Agenda ReportItem # _____
Meeting Date: July 14, 2025
Subject: Notice of Completion for the Civic Center North Human Resources Tenant Improvements Project
Recommended Action
Staff recommends that the City Council authorize the filing of the Notice of Completion and accept the improvements completed in compliance with the construction contract for the Civic Center North Human Resources Tenant Improvements project.

Background
On March 11, 2024, the City Council authorized the award of a construction contract to Zone 4 Construction, Inc. of San Carlos, California, in the amount of $1,621,145.00 for the Civic Center North Human Resources Tenant Improvements project. The project consisted of three main elements:
•Tenant Improvements,
•HVAC System Replacement, and
•HVAC Control Modernization.

American Rescue Plan Act (ARPA) funds were used for the HVAC system and associated improvements at Civic Center North as part of the Civic Center North HVAC System Replacement project.

This combined project improved the unfinished and underutilized portions of the first floor of the Civic Center North building for the relocation of the City’s Human Resources Department offices, performed pre-and post-air balance of the HVAC system for the first and second floors, replaced an outdated rooftop Air Handler Unit (AHU), and upgraded obsolete components, software, hardware, and controls.

Discussion
Zone 4 Construction, Inc. has completed all improvements required by the construction contract documents for a total amount of $1,844,645.76, including change orders totaling $223,500.76. The total dollar value of the change orders is 13.8% of the original contract award of $1,621,145.00. The change orders were issued for additional work associated with hazmat removal, rigid insulation and concrete infill for the existing raised flooring, scan and coring for the new sewer line through the existing grade beam, fire sprinkler upgrades, and additional electrical and communication improvements.

Page 13 of 149 ends

Notice of Completion for the
Civic Center North Human Resources Tenant Improvements Project Meeting Date: July 14, 2025

Page 2 of 2 ends

Fiscal Impact
The construction contract was completed in the amount of $1,844,645.76 with funds available in General Fund CIP project accounts 31-313-909 – Civic Center North Tenant Improvements, 31-313- 929 – Civic Center North HVAC, and 31-313-505 – Civic Center North HVAC Control.

Summary/Conclusion
Staff recommends that the City Council authorize the filing of the Notice of Completion and accept the improvements completed in compliance with the construction contract for Civic Center North Human Resources Tenant Improvements project.

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

Respectfully submitted,

Alexander Yuen Richard Chiu, Jr.

Civil Engineering Associate Director of Public Works
Attachments:

1. Project Location Map

2. Resolution

3. Notice of Completion

Page 14 of 149 ends

LAKE MERCEDGOLF ANDCOUNTRYCLUB

CITYHALL
Feet1" = 500'-0"10005000250

CIVIC CENTER NORTHHUMAN RESOURCESTENANT IMPROVEMENTS

SAN MATEO COUNTY, CALIFORNIA

CIVIC CENTER NORTHHUMAN RESOURCESTENANT IMPROVEMENTS

Page 15 of 149 ends

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
(Civic Center North Human Resources Tenant Improvements) 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 Zone 4 Construction, 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:

CIVIC CENTER NORTH HUMAN RESOURCES TENANT IMPROVEMENTS
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

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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: July 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:

CIVIC CENTER NORTH HUMAN RESOURCES TENANT IMPROVEMENTS
The name of the original contractor for the work of improvement is:

Zone 4 Construction, Inc.
1022 Center Street
San Carlos, CA 94070

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.

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City Council Meeting Agenda ReportItem # _____
Meeting Date: July 9, 2025
Subject: Approval of Exclusive Negotiation Agreement (ENA) with The Olympic Club Regarding Improvements to Westlake Park
Recommended Action
Staff recommends that the City Council authorize the City Manager to execute an Exclusive Negotiation Agreement (“ENA”) between the City of Daly City and The Olympic Club to negotiate a potential Memorandum of Understanding (“MOU”) regarding proposed improvements to Westlake Park.

Background
Westlake Park, located at 145 Lake Merced Blvd., serves as a significant recreational asset to Daly City residents. The Olympic Club has proposed undertaking renovations and improvements to the athletic fields and facilities at the Park. In exchange, the Club seeks certain use rights of the facilities post-renovation.

The proposed ENA outlines the parameters and expectations for the negotiation process leading to a potential MOU that would define the project’s scope, community and public benefits, cost- sharing, and operational responsibilities.

Discussion
The ENA is not a binding commitment to approve any development or use rights but is a procedural agreement to negotiate in good faith for a period of twelve (12) months, extendable by six (6) months upon mutual agreement.

Key provision to the ENA includes:
•Public Benefit Prioritization: Ensures public youth programming, school use, and community access to the improved facilities.
•Access and Studies: Grants the Club access for studies and assessments, subject to insurance and restoration requirements.
•Cost Recovery: MOU to include reimbursement of City’s third-party expenses. •No Obligation: Final execution of the MOU is subject to City Council approval and compliance with all legal requirements.

Fiscal Impact
There is no fiscal impact associated with approval of the ENA. Costs incurred by the City during the ENA term may be reimbursed through the future MOU.

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City Council Agenda Report
Subject: Approval of Exclusive Negotiation Agreement (ENA) with The Olympic Club Regarding Improvements to Westlake Park
Meeting Date: July 9, 2025

Page 2 of 2 ends

Conclusion/Summary
The ENA provides a framework to explore a potentially transformative public-private partnership for improving Westlake Park.

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

Respectfully submitted,

Tim Nevin
Director of Finance and Administrative Services

Attachment:

1. Draft Exclusive Negotiation Agreement (ENA)

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1 EXCLUSIVE NEGOTIATION AGREEMENT
THIS EXCLUSIVE NEGOTIATION AGREEMENT (this “Agreement”) is entered into effective as of , 2025 (“Effective Date”) by and between the City of Daly City, a municipal corporation (“City”) and The Olympic Club, a California nonprofit mutual benefit corporation (“Club”). City and Club are hereinafter referred to collectively as the “Parties.”

RECITALS
A. The City owns that certain property commonly known as Westlake Park located at 145 Lake Merced Blvd., Daly City, California (the "Park").

B. The Club has proposed undertaking certain renovations and improvements with respect to the athletic fields and facilities at the Park (the “Project”) in return for certain exclusive and nonexclusive use rights at the Park upon completion of the Project (“Club Use Rights”) C. The purpose of this Agreement is to establish the procedures and standards for the negotiation of a potential memorandum of understanding (“MOU”) that would address: (i) the scope, construction and development of the Project on the Park and (ii) the terms and conditions governing the Club Use Rights. As more fully set forth below, this Agreement does not obligate the City to execute a MOU.

D. The Parties agree the MOU shall prioritize public benefit programming, including but not limited to, youth programming, scheduled public field use, community tournaments, and infrastructure improvements for public accessibility.

TERMS AND CONDITIONS
NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. Incorporation of Recitals. The Recitals set forth above, and all defined terms set forth in such Recitals and in the introductory paragraph preceding the Recitals, are hereby incorporated into this Agreement as though set forth in full.

2. Negotiations. The Parties shall use their best efforts to negotiate a MOU that will describe the terms and conditions governing the scope and construction terms for the Project in the Park by the Club and the parameters of the Club Use Right as follows:

2.1 Public Benefit. The MOU shall include specific provisions for community-facing improvements that allows for a multipurpose use of the facilities (e.g., youth sports, school use, public recreation ) and a and a jointly developed Community Use Calendar to ensure a transparent allocation of public and Club access to renovated facilities.

2.2 Good Faith. The Parties shall diligently and in good faith pursue such negotiations; provided, however that this Agreement does not impose a binding obligation on the City to execute a MOU, grant any approvals or authorizations required for the Project or provide any Club Use Rights. Club expressly acknowledges that any agreement resulting from

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2 the negotiations contemplated hereby shall become effective only if the MOU is approved by the City Council following compliance with all applicable notice and hearing requirements and compliance with all other requirements of law. The Parties acknowledge that any final form of MOU may contain matters not covered in this Agreement, which is not intended to exclude or preclude any other issues that may arise during negotiations.

2.3 Exclusivity. City agrees that it will not, during the Term (defined below), directly or indirectly, through any officer, employee, agent, broker or otherwise, solicit, initiate or encourage the submission of bids, offers or proposals by any person or entity with respect to the construction, renovation, or improvement of the athletic fields and facilities at the Park or any exclusive use rights to use such athletic fields and facilities.

2.4 MOU Approval. The City shall have no legal obligation to grant any approvals or authorizations for the Project or the Club Use Rights prior to City Council approval of the MOU, its execution by the Parties, and compliance with other applicable requirements of law. The Parties agree that any MOU shall be substantially consistent with the City’s negotiation framework, which includes:
• Defined scope of improvements
• Maintenance and operations responsibilities
• Public benefit programming and scheduling
• Cost reimbursement and use rights

3. Term. The term of this Agreement (“Term”) shall commence on the Effective Date and shall terminate twelve (12) months thereafter, unless extended or earlier terminated as provided herein. The Term may be extended for up to a maximum of six (6) additional months upon the mutual written agreement of Club and City and upon approval of the City Manager if the City Manager determines in his sole discretion that the Parties have made substantial progress in their negotiations to merit such extension. If a MOU has not been executed by the City and Club (or an entity related to Club and approved by the City) by the expiration of the Term (as the Term may have been extended pursuant to this Section), then this Agreement shall terminate, and neither Party shall have any further rights or obligations under this Agreement except such rights and obligations that expressly survive termination.

4. Deposit and Cost Recovery in MOU. While this Agreement does not require a deposit for the ENA, the Parties acknowledge and agree that the executed MOU will include a provision requiring Club to deposit to reimburse City for reasonable third-party legal, planning, and consultant expenses incurred during negotiation and project review. Any unused amount shall be returned upon termination of the MOU.

5. Termination.

5.1 Termination by Mutual Agreement. This Agreement may be terminated at any time by the mutual written consent of the Parties.

5.2 Termination by City. City shall have the right to terminate this Agreement upon City’s good faith reasonable determination that Club is not negotiating diligently and in good faith. City shall exercise such right by delivering not less than ten (10) business days’ advance written notice to Club describing the nature of Club’s default and the termination date.

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3 If Club does not commence to cure the default and resume negotiations in good faith within such ten (10) business day period, City may terminate this Agreement effective as of the termination date stated in the notice.

5.3 Termination by Club. Club shall have the right to terminate this Agreement upon Club’s good faith reasonable determination that City is not negotiating diligently and in good faith. Club shall exercise such right by delivering not less than ten (10) business days’ advance written notice to City describing the nature of City’s default and the termination date. If City does not commence to cure the default and resume negotiations in good faith within such ten (10) business day period, Club may terminate this Agreement effective as of the termination date stated in the notice. In addition, Club shall have the right to terminate this Agreement, effective upon ten (10) days’ written notice to City, if Club determines, in the exercise of Club’s sole discretion, that the results of Club’s investigation of the Park is unsatisfactory with respect to Club’s desired development activities or if Club is unable to obtain other necessary approvals, rights or interests.

5.4 Effect of Termination. Upon the expiration of the Term as such may be extended, or upon the earlier termination of this Agreement, without the Parties having successfully negotiated and executed a MOU, this Agreement shall forthwith be void, and there shall be no further liability or obligation on the part of either of the Parties or their respective officers, employees, agents or other representatives under this Agreement except that the provisions of Section 6.1 (Studies), Section 6.2(Access; Indemnity), Section 7 (Confidentiality), and Section

9.7 (Indemnification) shall survive such termination. In no event shall either Party have the right to seek an award of damages as a result of the termination of this Agreement.

6. Compliance with Laws. The Parties acknowledge that the Project description set forth in this Agreement is preliminary in nature and shall be described in further detail in the MOU to be negotiated during the Term. The Parties acknowledge that the Project may require the grant of discretionary permits subject to the City’s normal review and approval process and that nothing in this Agreement is intended to or shall be interpreted as the grant of any permits or approvals for the Project or the Park, or the modification or waiver of any City procedures or requirements.

Without limiting the foregoing, the Parties acknowledge that the City retains discretion to (i) modify the Project as City may, in its discretion, determine to be necessary to comply with law and/or (ii) determine not to proceed with the Project.

7. Club Studies; Milestones; Right of Access.

7.1 Club Studies. During the Term of this Agreement, Club may prepare, at Club’s sole expense, any studies, surveys, plans, specifications, and reports (“Club Studies”) Club deems necessary or desirable in Club’s sole discretion, to determine the suitability of the Park for the Project. Such studies may include, without limitation, feasibility, soils, seismic and environmental studies, financial feasibility analyses, and design studies. Club agrees to include in all contracts for the preparation of any Club Studies a provision that will permit City to have the right to use and rely upon each such study and report. All Club Studies will be submitted to the City; provided, however, that the Club shall not be obligated to provide proprietary or financial information regarding the Club. The obligation of this Club to provide reports and studies pursuant to this Section 8.1 shall survive the expiration or earlier termination of this Agreement. Design proposals submitted under this Agreement shall be evaluated using a multipurpose design evaluation criterion provided by the City. The criteria will evaluate proposed elements for accessibility, community use, adaptability to various sports, and long- term maintenance sustainability. All designs meet ADA standards and federal, state and local

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4 zoning/building codes.

7.2 Project Milestones. The Parties shall mutually agree upon scheduled timelines and negotiation milestones during the ENA term which include: submission of Club Studies, preliminary design concepts, draft of proposed MOU Terms/Term Sheet.

7.3 Right of Access. Club shall have the right of reasonable access to the Park for the purposes of inspection, environmental assessments, soils testing, and similar work. Club shall be responsible for obtaining any additional rights of access to the Park from third parties that may be necessary to prepare Club’s Studies. The City may impose reasonable limitations on access to the Park and may require Club to provide City with proof of insurance in compliance with City’s requirements prior to performance of studies on the Park. City’s advance written approval from the Director of Economic and Community, which shall not be unreasonably withheld, conditioned, or delayed, shall be required for any invasive testing. Club agrees that unless City agrees otherwise in writing, Club shall repair, restore, and return the Park and all improvements located thereon to their condition immediately prior to any such testing at Club’s sole cost and expense. Club shall keep the Park free and clear of all liens and encumbrances related its access under this Section 6.2.

7.4 Indemnity. Club shall indemnify, defend, and hold the City and its elected and appointed officers, officials, employees, consultants, agents and representatives (collectively, the “Indemnitees”) harmless from and against all liability, loss, cost, claim, demand, action, suit, legal or administrative proceeding, penalty, deficiency, fine, damage and expense (including without limitation reasonable attorney’s fees and of litigation) (all of the foregoing, collectively “Claims”) arising out of Club’s and Club’s agents, employees, consultants, representatives and contractor’s entry on the Park or otherwise arising out of the exercise of this right of access, provided that Club shall have no obligation related to Claims resulting from the Indemnitees’ gross negligence or willful misconduct, or Club’s mere discovery of information regarding the Park. Club’s defense and indemnity obligations pursuant to this Section 6.3 shall survive the expiration or earlier termination of this Agreement.

8. Confidentiality of Information. While desiring to preserve its rights with respect to treatment of certain information on a confidential or proprietary basis, Club acknowledges that City will need sufficient, detailed information about the proposed Project to make informed decisions about the content and approval of the MOU. City will work with Club to maintain the confidentiality of proprietary information subject to the requirements imposed on City by the Public Records Act (Government Code Section 6250 et seq.). Club acknowledges that City may share information provided by Club of a financial and potential proprietary nature with third party consultants who have been contractually engaged to advise City concerning matters related to this Agreement and/or the MOU and to City Council members as part of the negotiation and decision-making process. City shall inform third party consultants of the confidential nature of such financial and potential proprietary information. If this Agreement is terminated without the execution of a MOU, City shall return to Club any confidential information submitted by Club under this Agreement. If any litigation is filed seeking to make public any information Club submitted to City in confidence, City and Club shall cooperate in defending the litigation if Club elects not to make public the information in question.

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5 9. Defaults and Remedies.

9.1 Default. In the event either Party breaches its obligations under this Agreement, the non-defaulting Party shall give written notice of a default to the defaulting Party specifying the nature of the default and the required action to cure the default. If a default remains uncured ten (10) days after receipt by the defaulting Party of such notice, the non-defaulting Party may exercise the remedies set forth herein.

9.2 Remedies. In the event of an uncured default by a Party hereunder, the sole remedy of the non-defaulting Party shall be to terminate this Agreement. Following such termination, neither Party shall have any right, remedy, or obligation under this Agreement; provided however, any obligation under a specific provision of this Agreement for a Party to provide indemnity and defense shall survive such termination.

10. Miscellaneous.

10.1 Assignment. The qualifications and identity of Club are of concern to City. It is because of those unique qualifications and identity that City has entered into this Agreement with Club. Accordingly, except as provided below, Club may not assign its rights under this Agreement to any other person or entity, without the prior written approval of City. Any purported voluntary or involuntary assignment of Club’s exclusive negotiation rights without such City written approval shall be null and void.

10.2 Notices. Except as otherwise specified in this Agreement, all notices to be sent pursuant to this Agreement shall be made in writing and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by:
(i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; or (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service.

To City:

City of Daly City
333 90th Street
Daly City, CA 94015
Attn: Director of Finance and
Administrative Services
To Club:

The Olympic Club
524 Post Street
San Francisco, CA 94102
Attn: Tim Muessle, GM/COO
With copy to:

City of Daly City
333 90th Street, Third Floor
Daly City, CA 94105
Attn: City Attorney
With copy to:

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6 10.3 Relationship of the Parties. The Parties agree that nothing in this Agreement shall be deemed or interpreted to create between them the relationship of lessor and lessee, of buyer and seller, or of partners or joint venturers.

10.4 Authority; Disclosure. Club warrants that to Club’s knowledge none of its principals, officers, general partners, joint venturers, employees, associates, or affiliates who have any economic interest in this Agreement or the contemplated development of the Park or the Project, have a familial, financial, or other material relationship with any elected or appointed official or employee of the City. Each person executing this Agreement on behalf of Club does hereby covenant and warrant that (a) Club is created and validly existing under the laws of the state of formation, (b) Club has and is duly qualified to do business in California, (c) Club has full corporate power and authority to enter into this Agreement and to perform all of Club’s obligations hereunder, and (d) each person (and all of the persons if more than one signs) signing this Agreement on behalf of Club is duly and validly authorized to do so. Each person executing this Agreement on behalf of City does hereby covenant and warrant that (a) City has full power and authority to enter into this Agreement and to perform all of City’s obligations hereunder, and (b) each person (and all of the persons if more than one signs) signing this Agreement on behalf of City is duly and validly authorized to do so.

10.5 Waiver of Lis Pendens. It is expressly understood and agreed by the Parties that no lis pendens shall be filed against any portion of the Park with respect to this Agreement or any dispute or act arising from this Agreement. This Section shall survive the expiration of termination of this Agreement.

10.6 Severability. If any term or provision of this Agreement or the application thereof shall, to any extent, be held by a court of competent jurisdiction to be invalid or unenforceable, such term or provision shall be ineffective to the extent of such invalidity or unenforceability without invalidating or rendering unenforceable the remaining terms and provisions of this Agreement or the application of such terms and provisions to circumstances other than those as to which it is held invalid or unenforceable unless an essential purpose of this Agreement would be defeated by loss of the invalid or unenforceable provision.

10.7 Entire Agreement. This Agreement contains the entire understanding of the Parties with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements and understandings, oral or written, between the Parties with respect to such subject matter.

10.8 Amendments. This Agreement may be amended only by a written instrument executed by the Parties or their permitted successors in interest.

10.9 Successors and Assigns; No Third-Party Beneficiaries. This Agreement shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns; provided however, that except as expressly permitted by this Agreement, neither Party shall transfer or assign any of such Party’s rights hereunder by operation of law or otherwise without the prior written consent of the other Party, and any such transfer or assignment without such consent shall be void. Subject to the immediately preceding sentence, this Agreement is not intended to benefit and shall not run to the benefit of or be enforceable by, any other person or entity other than the Parties and their permitted successors and assigns.

10.10 Captions; Interpretation. This Agreement shall be interpreted as though prepared jointly by the Parties. Titles and captions are for convenience of reference only and do not

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7 define, describe, or limit the scope or the intent of this Agreement or any of its terms.

10.11 Governing Law; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflicts of laws principles. Venue for any action under this Agreement shall be in the County of San Mateo, California.

10.12 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.

CITY OF DALY CITY, a municipal corporation
By:
, City Manager
APPROVED AS TO FORM:

By:
, City Attorney
CLUB:

THE OLYMPIC CLUB,
a California nonprofit mutual benefit corporation
By:

Print Name:

Title:

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City Council Agenda ReportItem # _____

Meeting Date: July 14, 2025
Subject: Appropriate and Amend the City Manager’s authority for the Mussel Rock Stability Project
Recommended Action
Staff recommends that the City Council:
1) Appropriate an additional $1,500,000 for the Mussel Rock Stability Project from Fund 333, unrestricted fund balance;
2) Reallocate $90,000 from the War Memorial & John Daly Library Lighting project, $400,000 from the War Memorial Community Center HVAC project, and $810,000 from the Westlake Library HVAC and Roof project to the Mussel Rock Stability Project; and 3) Authorize the City Manager to execute and award contracts/change orders for the Mussel Rock Stability Project in an amount not to exceed a total of $6,800,000 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.

There is an urgent need to perform seawall repair and revetment installation as quickly as possible to reduce the risk of the landfill material from being undermined and getting into the ocean.

On April 14, 2025, the City Council authorized the City Manager to award contracts for the Mussel Rock Stability project in an amount not to exceed $4,000,000.

Discussion
In June of 2025, a construction contract was executed for the seawall repair work. The estimated construction cost for the seawall repair and the revetment installation is $6,300,000. An additional $500,000 is needed for construction support and contingency for a total estimated cost of $6,800,000.

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Appropriate and Amend the City Manager’s authority for the Mussel Rock Stability Project
Meeting Date: July 14, 2025

Page 2 of 2 ends

The City Manager’s contract authority of $4,000,000 needs to be increased by $2,800,000. Staff is recommending to reallocate $1,300,000 from previously approve projects to help fund this work.

An additional $1,500,000 will need to be appropriated to fully fund the project.

Fiscal Impact
The estimated project cost for the Mussel Rock Stability Project is $6,800,000. If approved, $90,000 from the War Memorial & John Daly Library Lighting project 33188500, $400,000 from the War Memorial Community Center HVAC project 33193200, and $810,000 from the Westlake Library HVAC and Roof project 33152600, will be reallocated to the Mussel Rock Stability Project. An additional $1,500,000 will be appropriated from Fund 333, unrestricted fund balance to the Mussel Rock Stability Project to fully fund the work. .

Summary/Conclusion
Staff recommends that the City Council:
1) Appropriate an additional $1,500,000 for the Mussel Rock Stability Project from Fund 333, unrestricted fund balance;
2) Reallocate $90,000 from the War Memorial & John Daly Library Lighting project, $400,000 from the War Memorial Community Center HVAC project, and $810,000 from the Westlake Library HVAC and Roof project to the Mussel Rock Stability Project; and 3) Authorize the City Manager to execute and award contracts/change orders for the Mussel Rock Stability Project in an amount not to exceed a total of $6,800,000 Staff is available to provide any additional information desired by the Mayor or Councilmembers.

Respectfully submitted,
Richard Chiu, Jr. Tim Nevin
Director of Public Works Director of Finance and Administrative Services

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City Council Meeting Agenda ReportItem # _____
props
Meeting Date: July 14, 2025
Subject: Approve Memorandum of Agreement with City and County of San Francisco for Funding, Construction, and Operation of the Vista Grande Drainage Basin Improvement Project
Recommended Action
Authorize the City Manager to execute a Memorandum of Agreement (MOA) with the City and County of San Francisco (SFPUC) for the funding, construction, and operation of the Vista Grande Drainage Basin Improvement Project.

Background/Discussion
The Vista Grande Drainage Basin Improvement Project (Project) is a multi-benefit stormwater management project that will manage, treat, and reuse stormwater in the Vista Grande Drainage Basin while also providing regional water quality, water supply, wastewater, environmental and recreational benefits.

The Vista Grande storm drain system drains the northwestern portion of Daly City (City) and an unincorporated portion of San Mateo County – areas originally within the watershed of Lake Merced. In the 1890’s, the Vista Grande Canal and Tunnel were built to divert storm water away from the lake to an outlet at the Pacific Ocean. The existing Canal and Tunnel do not have adequate hydraulic capacity to convey peak storm flows, and this periodically causes backup of Tunnel flows into the Canal and flooding during peak storm events in adjacent low-lying residential areas and along John Muir Drive. This Project will allow the City and SFPUC to work collaboratively to alleviate flooding in the Vista Grande Drainage Basin and Lake Merced Tract and facilitate augmentation and management of Lake Merced water levels using sustainable supplies of the City’s stormwater. The Project also upgrades the pipeline system that transports treated wastewater from the North San Mateo County Sanitation District’s Wastewater Treatment Facility to its permitted discharge point in the Pacific Ocean.

The Project is 100% designed, shovel-ready, and is anticipated to go out to bid next month.

Through this Project, the City, SFPUC, and other partners will be investing over $150,000,000 in critical local infrastructure.

Through this MOA, the SFPUC is committed to funding $35,000,000 in construction cost and $3,000,000 in habitat mitigation. This was the amount identified in a Cost Allocation Study performed by Daly City financial consultants at Hilton, Farnkopf, and Hobson, LLC.

In addition to the $38,000,000 contribution by SFPUC, Daly City has received the following contribution commitments:
•$48,680,385 - North San Mateo County Sanitation District •$15,000,000 - San Mateo County
•$3,440,000 - California Department of Transportation (Caltrans) •$5,000,000 – Grant from the State Water Resources Control Board •$959,752 - Grant from Congressman Kevin Mullin’s Office

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City Council Agenda Report
Subject: Authorize Memorandum of Agreement with City and County of San Francisco for Funding, Construction, and Operation of the Vista Grande Drainage Improvement Project Meeting Date: July 14, 2025

Page 2 of 2 ends

Fiscal Impact
This MOA will provide a funding contribution of $38,000,000 to the Vista Grande Drainage Basin Improvement Project. The other financing opportunities identified by staff include low-interest loans through the California Clean Water Act State Revolving Fund program, where a $62,889,860 construction loan agreement has been executed. The other is through the Federal Environmental Protection Agency Water Infrastructure Finance and Innovation Act program, where a $33,890,228 loan agreement is in process and scheduled to close by end of the year.

Summary/Conclusion
Authorize the City Manager to execute a Memorandum of Agreement with the City and County of San Francisco for the funding, construction, and operation of the Vista Grande Drainage Basin Improvement Project.

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

Respectfully submitted,
Thomas J. Piccolotti Joshua Cosgrove
City Manager Director of Water and Wastewater Resources Attachment A: Draft SFPUC MOA Documentation

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4566694.2 1

MEMORANDUM OF AGREEMENT BY AND BETWEEN

THE CITY OF DALY CITY
AND

THE SAN FRANCISCO PUBLIC UTILITIES COMMISSION

REGARDING OPERATION OF THE

VISTA GRANDE DRAINAGE BASIN IMPROVEMENT PROJECT

THIS Memorandum of Agreement (“MOA”) is entered into this day of , 2025, by and between the City of Daly City (“Daly City”) and the San Francisco Public Utilities Commission (“SFPUC”) (individually, each a “Party,” and collectively referred to as the “Parties”) for the purpose of delineating responsibilities for the funding and operation of Daly City’s Vista Grande Drainage Basin Improvement Project (the “Vista Grande Project” or the “Project”).

WHEREAS, the SFPUC and Daly City are working collaboratively towards Daly City’s implementation of the Vista Grande Project to alleviate flooding in the Vista Grande Basin within Daly City and the SFPUC’s Lake Merced Tract and also facilitate augmentation and management of Lake Merced water levels using sustainable supplies of Daly City’s stormwater; and

WHEREAS, in 1930, the SFPUC purchased the Lake Merced Tract from the Spring Valley Water Company (“Spring Valley”), and historically used Lake Merced as a potable water supply; and

WHEREAS, in 1895, Spring Valley constructed a dam in the outlet of Lake Merced, preventing overflow of the lake into the Pacific Ocean and increasing total water storage capacity by 2.5 billion gallons; and

WHEREAS, Lake Merced is a surface water body that is interconnected to groundwater within the Westside Groundwater Basin (“Basin,” California Department of Water Resources Basin No. 2-35) in western San Francisco and northern San Mateo counties, and a fraction of the inflow to Lake Merced percolates to underground storage in the Basin through the bed of the lake; and

WHEREAS, the SFPUC today maintains Lake Merced for the beneficial uses of recreation and wildlife habitat, and continues to maintain the capability of using surface water from the lake as a non-potable emergency water supply through use of the Lake Merced Pump Station; and

WHEREAS, declines in Lake Merced water levels, generally attributable to Spring Valley’s diversion of stormwater away from Lake Merced following construction of the Vista Grande Canal and Tunnel in 1897, 20th century urban development in San Francisco and Daly City, drought conditions, and regional groundwater pumping, have generated concern regarding the long-term viability of Lake Merced; and

WHEREAS, the SFPUC and Daly City have a successful history of working cooperatively with citizens’ groups and environmental stakeholders regarding efforts to maintain Lake Merced water levels following the filing of a January 29, 2001 petition by California Trout at the California State Water Resources Control Board that sought to reverse declining lake levels following the 1987-94 drought; and

WHEREAS, Daly City and the SFPUC have made significant progress in developing plans and projects for stabilizing Lake Merced water levels, including entering into a March, 2002 Agreement for Purchase and Sale of Recycled Water (“2002 Recycled Water Agreement”) between Daly City, the North San Mateo County Sanitation District, the SFPUC, and the Olympic, Lake Merced, and San Francisco Golf Clubs; and

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WHEREAS, groundwater monitoring performed following the 2005 delivery of recycled water for irrigation purposes to the Olympic, Lake Merced and San Francisco Golf Clubs under the 2002 Recycled Water Agreement has demonstrated beneficial effects on Lake Merced water levels resulting from the substitution of recycled water for groundwater used for irrigation purposes; and

WHEREAS, Daly City owns and operates the Vista Grande Canal within the SFPUC’s Lake Merced tract, and leases the Vista Grande Tunnel from the SFPUC under a lease dated August 14, 2007 authorized under SFPUC Res. No. 07-0145 and Daly City Council Res. No. 07-132 (the “Tunnel Lease”), and Daly City is now a tenant at will be due to expiration of the Lease term on or about August 14, 2017; and

WHEREAS, the existing Vista Grande Canal and Tunnel do not have adequate hydraulic capacity to convey peak storm flows to the Pacific Ocean; and

WHEREAS, storm-related flooding within the Vista Grande Watershed has resulted in property damage in adjacent low lying residential areas within the northern portion of Daly City; and

WHEREAS, storm-related flooding within the Vista Grande Watershed, particularly uncontrolled overflows into Lake Merced from the Vista Grande Canal across John Muir Drive, has resulted in property damage to John Muir Drive and associated areas; and

WHEREAS, Daly City studied the possible addition of stormwater from the Vista Grande Canal to Lake Merced in a controlled fashion, in an effort to mitigate flooding and reconnect Lake Merced to its historic watershed; addition of stormwater would also avoid the need for periodic additions of imported surface water to Lake Merced by the SFPUC as has occurred historically; and

WHEREAS, on December 11, 2017, Daly City certified the Vista Grande Project environmental impact report and impact statement (“EIR/EIS”) under the California Environmental Quality Act (“CEQA”) and the National Environmental Policy Act (“NEPA”), and approved the Vista Grande South Lake Merced Alternative described in the Project EIR/EIS via City Council Res.

No. 17-200, dated December 11, 2017; and

WHEREAS, under the South Lake Merced Alternative, the Vista Grande Project is intended to route storm water from the Vista Grande Canal to South Lake Merced as well as to the Pacific Ocean, reduce uncontrolled overflows from the Vista Grande Canal into Lake Merced, achieve a sustained increase in Lake Merced Lake levels, improve storm water quality, and further the restoration of the drainage basin's natural hydrology; and

WHEREAS, the SFPUC approved its Water System Improvement Program (“WSIP”) on October 30, 2008 in Resolution No. 08-0200, following certification of the WSIP programmatic environmental impact report under CEQA by the San Francisco Planning Commission on October 30, 2008 in its Motion No. 17743; and

WHEREAS, the Phased WSIP adopted by the SFPUC includes the development of 10 million gallons per day (“mgd”) of additional water for retail customers in San Francisco through additional water conservation, recycled water, and groundwater development in San Francisco, based on a water supply goal and objective of diversifying water supply options for retail and wholesale water customers during drought and non-drought periods; and

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WHEREAS, the Phased WSIP included the Regional Groundwater Storage and Recovery (“RGSR”) project to provide greater water supply reliability to the SFPUC’s retail and wholesale water customers by substituting additional SFPUC surface water supplies in wet and normal years for groundwater pumping by the California Water Service Company, San Bruno, and Daly City, resulting in potential in lieu storage of up to 61,000 acre-feet of water in the southern portion of the Westside Basin in northern San Mateo County; and

WHEREAS, the Phased WSIP also included the San Francisco Groundwater Project to diversify water supplies available to retail customers, and to provide additional potable emergency water supplies in San Francisco, through the production of up to 4 mgd of groundwater in the northern portion of the Westside Basin in San Francisco; and

WHEREAS, the SFPUC approved the implementation of the San Francisco Groundwater Project on January 14, 2014 in Resolution No. 14-0010, following certification of the project environmental impact report under CEQA by the San Francisco Planning Commission on December 19, 2013, in its Motion No. 19050; and

WHEREAS, to mitigate impacts resulting from the operation of the RGSR and San Francisco Groundwater Projects and their potential adverse impacts on Lake Merced, the WSIP programmatic environmental impact report required the SFPUC to (1) implement Mitigation Measure 5.6-1, Westside Basin Groundwater Monitoring to Determine the Safe Yield of the Westside basin; and (2) Mitigation Measure 5.6-2, implementation of a Lake Level Management Plan for Lake Merced; and

WHEREAS, in its approval of the San Francisco Groundwater Project in its Resolution No. 14- 0010, the SFPUC agreed to implement Mitigation Measure M-HY-9, Lake Level Management for Lake Merced, in order to address potentially significant water quality impacts related to changes in Lake Merced water levels caused by project groundwater pumping in the following impact areas: aesthetics (impact AE-4); biological resources (impacts BI-6 and BI-7); hydrology (impact H-9); and cumulative impacts (impacts C-HY-4 & 5). In general, Mitigation Measure M-HY-9 requires the SFPUC to gradually increase project groundwater pumping “in a stepwise manner” while monitoring for excessive declines in Lake Merced water levels, and to redirect or restrict increasing pumping should undesirable effects occur at Lake Merced; and

WHEREAS, San Francisco Groundwater Project Mitigation Measure M-HY-9 anticipated that stormwater from the Vista Grande Project might be available as a “supplemental water source” to maintain Lake Merced water levels, which would further the cooperative efforts of Daly City and the SFPUC to protect Lake Merced while sustainably managing the Westside Groundwater Basin, consistent with the Sustainable Groundwater Management Act, California Water Code §§10720 et seq; and

WHEREAS, Daly City’s Vista Grande Project operates to mitigate impacts from SFPUC’s implementation of the RGSR and San Francisco Groundwater Projects, by increasing water surface elevations in Lake Merced;

WHEREAS, it is in the interests of both Daly City and the SFPUC for Daly City to proceed expeditiously with the implementation of the Vista Grande Project, and to do so in a manner that addresses both historic flooding and the parties’ shared goal of sustainably managing Lake Merced water levels and portions of the Westside Groundwater Basin within their respective jurisdictional control; and

WHEREAS, in November 2019, Brown and Caldwell, Inc. and McMillian Jacobs & Associates prepared “Project Plans for Construction of the Vista Grande Drainage Basin Improvements,”

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which provides the 100 percent design for the Vista Grande Project (“Project 100 % Design”); and

WHEREAS, Daly City anticipates publishing a call for bids on the Vista Grande Project construction work, upon receipt of all required permits; and

WHEREAS, Daly City has prepared and will be implementing a Lake Management Plan, which will be incorporated into San Francisco Regional Water Quality Control Board permitting for the Vista Grande Project, that details Daly City’s water quality monitoring and operational responsibilities to augment water surface elevation in Lake Merced to the stated goal (weather permitting); and

WHEREAS, the SFPUC reviewed and concurs with the terms of the Lake Management Plan, which will assist with SFPUC’s mitigation obligations in its approval of the RGSR and San Francisco Groundwater Projects; and

WHEREAS, the SFPUC performs routine quarterly water quality monitoring and undertakes management activities in and around Lake Merced that are not related to the Project;

WHEREAS, both Daly City and the SFPUC wish to memorialize their respective obligations as follows: (1) Daly City to implement the Vista Grande Project; (2) Daly City and SFPUC to share water quality and hydrologic data related to Lake Merced; (3) memorialize the SFPUC’s financial contribution towards Project construction; and (4) affirm commitments to sustainably operate the portion of the Westside Basin within their respective jurisdictions while protecting the beneficial uses of Lake Merced.

NOW, THEREFORE, it is mutually understood and agreed as follows:

SECTION 1: AUTHORITY OF PARTIES

1.1 Daly City is a California municipal corporation that owns and operates the Vista Grande Project, which is intended to reconnect Lake Merced with its historic watershed, providing a source of water to increase the water surface elevation of Lake Merced and address localized flooding that periodically occurs across John Muir Drive.

1.2 Daly City Joint Powers Financing Authority (“Authority”) is a joint powers financing authority created under Article 1 (commencing with Section 6500) of Chapter 5, Division 7, Title 1 of the Government Code of the State of California created, in part, to assist with funding and financing of the Project.

1.3 The SFPUC is responsible for managing San Francisco’s municipal utilities pursuant to the Charter of the City and County of San Francisco (“City”). The SFPUC is also the owner and operator of Lake Merced and the Lake Merced tract, as well as the owner of the Vista Grande Tunnel that is currently leased to Daly City.

SECTION 2: DEFINITIONS

2.1 “Authority” refers to the Daly City Joint Powers Financing Authority.

2.2 “Basin” refers to the Westside Groundwater Basin in Western San Francisco and Northern San Mateo Counties, depicted as Basin No. 2-35 by the California Department of Water Resources.

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2.3 “Contractor(s)” refers to the licensed construction contractor(s) retained and approved by Daly City to construct the Project as described in the Project 100% Design, and any subconsultants retained thereby and approved by Daly City, which will be wholly or partially funded by monies provided by the SFPUC.

2.4 “Daly City” refers to the City of Daly City.

2.5 “Effective Date” refers to the date that the San Francisco Board of Supervisors adopts a resolution approving this MOA following approval by the SFPUC.

2.6 “Lake Management Plan” refers to the Vista Grande Project Lake Merced Lake Management Plan prepared by Daly City and approved by the San Francisco Bay Regional Water Quality Control Board, a draft of which is attached hereto as Exhibit A.

2.7 “Lake Merced Tract” refers to the tract of land designated as SFPUC Parcel No. 55 of San Francisco County Lands, in that certain deed between the Spring Valley Water Company and the City and County of San Francisco, dated and recorded in the office of the County Recorder of the City and County of San Francisco on March 3, 1930 in Liber 2002 of Official Records at Page 1.

2.8 “Parties” means Daly City and the SFPUC.

2.9 “Prior Planning, Design, and Engineering Services Contracts” refers to Vista Grande Project related expenses previously incurred by Daly City, and partially funded by the SFPUC in the amount of $205,500, for planning, design, and engineering expenses, as well as consultant fees for securing those permits necessary for Vista Grande Project implementation.

2.10 “Project” means the proposed construction work to implement the Vista Grande Drainage Improvement Project, including: modifications to the Vista Grande Canal; construction of a diversion structure to divert stormwater from the canal to Impound Lake in accordance with the approved Lake Management Plan; construction of two treatment wetlands over a portion of the reconstructed canal that will use water pumped from the lake during the dry season to maintain the wetlands; reconstruction of the Lake Merced Overflow Outlet to drain water out of Lake Merced where necessary and consistent with the Lake Management Plan; construction of a new Vista Grande Tunnel to the Pacific Ocean; and structural improvements at Daly City’s beach outlet structure.

2.11 “SFPUC” or “San Francisco” means the San Francisco Public Utilities Commission.

2.12 “Vista Grande Project” means the Vista Grande Drainage Basin Improvement Project described in the environmental impact report and impact statement under CEQA and “NEPA” by Daly City on December 11, 2017 and as described in the Project 100% Design.

2.13 “Vista Grande Project 100% Design” means the project design attached hereto as Exhibit B.

SECTION 3: PURPOSE OF THE MOA

3.1 Purpose.

The purpose of this MOA is to identify the Parties’ respective obligations for the implementation of the Vista Grande project. Specifically, under this MOA:

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(1) The SFPUC shall provide the Authority with funding in an amount not to exceed $35,000,000, which shall be applied solely to the actual construction costs of the Vista Grande Project.

(2) The Parties shall voluntarily share with each other any and all information generated, and requested by the other Party, regarding the water level and quality of Lake Merced, the quantity and frequency of stormwater diversions from the Vista Grande Canal to Lake Merced, and the quantity and frequency of stormwater withdrawn from Lake Merced and directed back to the Vista Grande Canal and Vista Grande Tunnel for discharge to the Pacific Ocean.

(3) The Parties reserve all rights to initiate or participate in a general adjudication of groundwater rights in the Basin, subject to mutual agreement on certain factual stipulations set forth in Section 5.4 of this MOA, should the Parties participate in a future adjudication.

SECTION 4: FUNDING FOR THE PROJECT

4.1 Funding.

A. Amount of Funding. The SFPUC will reimburse Daly City, via the Authority, for Project construction costs in a total amount not-to-exceed $35,000,000 (“Contribution Amount”). The Contribution Amount excludes any previous sums provided by SFPUC to Daly City for any prior Project-related costs.

B. No SFPUC Liability for Increases in Estimated Construction Costs. Daly City shall be solely responsible for any and all Project capital costs in excess of the Contribution Amount, whether such excess costs are attributable to (1) errors or omissions in Project engineering, design, or construction by Daly City, its Contractor, or the consultants hired by Daly City; (2) unforeseen events beyond the control of Daly City and its Contractor; or (3) any other cause.

4.2 Additional Project Capital Costs Payable by Daly City to SFPUC and San Francisco Department of Public Works; Maintenance of Mitigation Plantings on Lake Merced Tract at SFPUC Expense.

A. Project-Related Real Estate Acquisitions. Daly City shall be solely responsible for paying all costs and fees associated with acquiring Project-related (1) s within the Lake Merced Tract; (2) licenses for temporary use of SFPUC property as construction staging areas; and (3) major encroachment permits from the San Francisco Department of Public Works for Project facilities within public streets. The Parties agree that any Project- related real property conveyances from SFPUC or the City to Daly City will further a proper public purpose.

B. Temporary Support or Relocation of SFPUC Utility Infrastructure Required by Project Construction. Daly City shall be responsible for the costs of temporary support and any necessary relocations of SFPUC water, wastewater and energy facilities affected by Project construction, as well as the metered costs for the temporary diversion of stormwater from the Vista Grande system into the SFPUC’s “Westside Transport” sewer transmission main, and associated treatment costs at the SFPUC’s Oceanside Wastewater Treatment Plant at then-current SFPUC rates for wastewater treatment and disposal.

C. Transfer of Title to Vista Grande Tunnel under Tunnel Lease. The Parties acknowledge that, pursuant to Section 21.2 of the Tunnel Lease, the City agreed to

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transfer title to the Vista Grande Tunnel to Daly City at no cost in the event that Daly City implemented a project or projects to eliminate overflows from the Vista Grande Canal by the end of the Lease term. The Tunnel Lease expired in 2017. Daly City will pay an amount equal to the appraised value, as determined by an independent third-party appraisal and approved by the City’s Director of Real Estate, for the Vista Grande Tunnel and associated easement.

D. Allocation of Project Mitigation Costs Imposed by California Coastal Commission (CCC). Daly City shall be solely responsible for payment of all Project capital costs required to comply with any CCC mitigation measures imposed in the Project Coastal Development Permit. With regard to CCC-imposed mitigation measures consisting of removal of non-native vegetation and the planting of willows and other native plant species within the Lake Merced Tract, Daly City’s Contractor(s) will design, install, and establish the initial plantings under license from the SFPUC, as well as perform required monitoring and regulatory reporting to the CCC. The SFPUC will be solely responsible for payment of all costs to maintain mitigation-related plantings within the Lake Merced Tract under the terms of the license issued to Daly City. Work performed is further described in Exhibit “C”, Mitigation Plantings Maintenance Plan.

E. Cost Estimates for Foregoing Items.

The Parties acknowledge that certain project-related costs incurred by Daly City, including but not limited to easement acquisition, licensing fees, encroachment permits, utility relocations, and CCC mitigation measures, remain subject to refinement and future determination.

To avoid delay in execution of this MOA, the following estimated cost figures are provided by Daly City as good faith estimates for planning and coordination purposes and shall not be construed as a condition precedent to the effectiveness of this MOA or an obligation on the part of Daly City to finalize such costs prior to execution of MOA These estimates may be updated by Daly City through written notice as actual costs are established. When estimates re not available value shall be marked as “TBD” and updated by the parties in good faith.

1. Estimated Daly City Costs:

a. Payment for parcels within the Lake Merced Tract required for Project construction, including the Vista Grande Tunnel and associated easement:
$________ (TBD)
b. Payment for licenses fees for temporary use of SFPUC property for construction staging:$_______(TBD)
c. Major encroachment permit fees payable to San Francisco Department of Public Works: $_____________(TBD)
d. Payment for temporary relocation, support, and reinstallation of SFPUC utility facilities: $200,000
e. Unit cost of stormwater treatment at SFPUC Oceanside Wastewater Treatment Plant (first flush and base flows) during construction of the new Vista Grande Tunnel: $10.09/ccf

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f. Capital cost for construction of onsite mitigation within the Lake Merced Tract required by the CCC as well as ongoing monitoring and reporting:
$____(TBD)

2. Estimated SFPUC Costs:
g. Maintenance of mitigation plantings within the Lake Merced Tract required by the CCC over a typical 10 year reporting period.

Yearly plant maintenance expenses: up to $10,000 per year.

Approximate cost of maintenance over 10 year mitigation period:
$3,000,000. (Note: Contractor has a 5-yer performance period, which they are responsible for the maintenance over the 10 year period.

4.3 Administration of Project Construction Contract.

Daly City shall serve as the project manager of the contract(s) for the construction of the Project by Contractor(s) and shall be responsible for managing all such contract(s). Daly City’s contract with the Contractor(s) that are funded in whole or in part using SFPUC funds, shall contain language that deems the Contractor(s) to be an independent contractor of Daly City and not an agent or employee of the SFPUC.

4.4 Review of Project Change Orders and Involvement of SFPUC in Daly City’s Acceptance of Work upon Project Completion.

Following Daly City’s award of the Project construction contract to Contractor, Daly City shall provide the SFPUC ten (10) business days to review any proposed modifications or change orders affecting the Project construction contracts, along with any related plans and specifications. The SFPUC shall have the right to participate in and agree on periodic progress inspections and final walkthrough/ punch list of outstanding work and the acceptance of work by Contractor upon completion of the Project.

4.5 Testing Period Following Completion of Project.

A. Following completion of construction but prior to Project close out, the Parties agree to perform a test run of the entire system, including the pumping of water from the Canal to the constructed treatment wetlands to Lake Merced, and the withdrawal of water from Lake Merced via the Overflow Outlet, assuming there exists adequate flow in the Vista Grande Canal to perform such tests and the water surface elevation in Lake Merced is at least 7.0 feet City and County of San Francisco Datum.

B. If the Vista Grande Canal does not contain adequate flow for a pumping test of water from the Vista Grande Canal to the constructed treatment wetlands, such test shall not be required.

4.6 Fiscal Limitations. Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non-Appropriation; Prohibition on Use of Funds for Political Activities.

A. Certification of Funds; Budget and Fiscal Provisions; Termination in the Event of Non- Appropriation. The SFPUC’s payments under this MOA are subject to and contingent upon the budget and fiscal provisions of the Charter of the City . Charges will accrue only after prior written authorization certified by the City’s Controller, and the amount of the SFPUC’s obligation hereunder shall not at any time exceed the amount

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certified for the purpose and period stated in such advance authorization. The SFPUC’s financial obligations under this MOA will terminate without penalty, liability or expense of any kind to City at the end of any fiscal year if funds are not appropriated for the next succeeding fiscal year. If funds are appropriated for a portion of the fiscal year, the SFPUC’s financial obligations under this MOA will terminate, without penalty, liability or expense of any kind to City at the end of the term for which funds are appropriated.

City has no obligation to make appropriations for this MOA in lieu of appropriations for new or other agreements. City budget decisions are subject to the discretion of the Mayor and the Board of Supervisors.

B. Guaranteed Maximum Costs. The SFPUC’s payment obligation to Daly City cannot at any time exceed the amount certified by City’s Controller for the purpose and period stated in such certification. Absent an authorized Emergency per the City Charter or applicable Code, no City representative is authorized to offer or promise, nor is the City required to honor, any offered or promised payments to Daly City under this MOA in excess of the certified maximum amount without the Controller having first certified the additional promised amount and, if necessary, the Parties having modified this MOA as provided in Section 6.9 of this MOA.

C. Prohibition on Use of Public Funds for Political Activity. In performing work under this MOA, the recipient of City funds shall comply with San Francisco Administrative Code Chapter 12G, which prohibits funds appropriated by the City for this Agreement as amended from being expended to participate in, support, or attempt to influence any political campaign for a candidate or for a ballot measure. The recipient of City funds is subject to the enforcement and penalty provisions in Chapter 12G.

4.7 Payment.

Daly City shall submit Contractor's monthly invoices, to the SFPUC for approval within thirty (30) days of receipt by Daly City. The Project construction invoices shall set forth in detail the work performed and the expenses incurred and shall identify which Contractor or subcontractor performed the construction work. The SFPUC shall review, approve and pay invoices within thirty (30) calendar days of receipt from Daly City. As explained above in Section 4.1, the SFPUC’s total contribution of funding under this Agreement shall not exceed the Contribution Amount.

4.8 Books and Records.

Daly City agrees to maintain all documents and records regarding use of funds received from the SFPUC for payments to Contractor for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this MOA. Daly City agrees to provide the SFPUC with reasonable access to its books and records for purposes of auditing the use of funds contributed by the SFPUC for Project purposes.

4.9 Insurance.

A. General Liability and Other Insurance; Coverage Amounts: Daly City’s contract(s) with its Contractor(s) for work performed that is reimbursed in whole or in part by SFPUC funds shall require all Contractors to maintain in force during the course of the contract insurance in the following amounts and coverages, with insurers satisfactory to San Francisco:

1. Commercial General Liability Insurance with limits not less than $5,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Contractual Liability, Personal Injury, Products and Completed Operations;

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2. Worker’s Compensation in statutory amount including Employer’s Liability coverage with limits not less than $1,000,000 for each accident, injury, or illness.

The Worker’s Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors;

3. Automobile Liability Insurance with limits not less than $2,000,000 each occurrence Combined Single Limit for Bodily Injury and Property Damage, including Owned, Non-Owned, and Hired auto coverage, as applicable.

4. Professional Liability Insurance with limits not less than $1,000,000 for each claim with respect to negligent acts, errors, or omissions in connection with professional services (e.g., performing field engineering, surveying, preparing designs, calculations drawings and specifications) to be provided under this Contract. Contractor’s professional liability policy shall not have an exclusion for environmental compliance management or construction management professionals; and

5. Pollution Liability Insurance with limits not less than $1,000,000 each occurrence combined single limit (true occurrence form) from bodily injury, property damage, abatement of hazardous or contaminated materials, including coverage for Non- Owned Disposal Site, and on-site or off-site third-party claims.

Contractor and its subcontractor(s) performing abatement or disposal of such materials must have insurance coverage and shall do so in accordance with the requirements of the Contract Documents. If any policy includes an aggregate limit or provides that claims investigation or legal defense costs are included in such aggregate limit, the aggregate limit shall be double the occurrence limits specified above.

6. Provide evidence of Builders Risk coverage for the work performed and its full replacement value.

Each policy shall: (i) name as additional insured “the City and County of San Francisco, its officers, agents and employees;” (ii) provide that it is primary to any other insurance available to any additional insured, with respect to any claims arising out of this MOA; (iii) provide that it applies separately to each insured against whom claim is made or suit is brought; (iv) provide for at least thirty (30) calendar days’ advance written notice to the SFPUC of cancellation or modification; and (v) provide for a waiver of subrogation in favor of the City.

B. Performance and Payment Bond. Daly City’s contract with Contractor shall contain language requiring Contractor to provide surety bonds, each in a sum not less than one hundred percent (100%) of the contract price, to guarantee the faithful performance of the contract (“Performance Bond”) and payment to individuals or entities who provide work on the Project under the contract with Contractor or any subcontract for the Project issued by Contractor. The Performance Bond shall cover all warranty and maintenance work required by the contract and any and all work required to correct patent or latent defects.

4.10 Termination Clause.

The Contract shall contain provisions for termination for cause and for convenience by Daly City, including the manner by which termination will be affected and the basis for settlement.

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4.11 Indemnity.

The Contracts for work performed that is reimbursed in whole or in part by SFPUC funds shall contain language requiring the Contractor(s) or consultants to indemnify, defend, and hold harmless the City and its officers, agents and employees for any and all claims for bodily injury or property damage arising out of the negligence or willful misconduct of the Contractor during the construction of the Project. Daly City shall include language that incorporates the indemnification requirement referenced above in the Contracts.

4.12 Ownership, Operation and Maintenance of Completed Project.

Following the completion and acceptance of the Project by Daly City, Daly City shall own, operate and maintain the Vista Grande Project. SFPUC will continue to own the Lake Merced drain which will be rehabilitated as part of the Project. Following completion of rehabilitation, the Lake Merced drain will be operated and maintained by Daly City under a long-term license agreement from the SFPUC, with drain operation in accordance with the terms of the agreed upon Lake Management Plan as it may be modified by mutual agreement in the future under Section 5.2.

4.13 Prevailing Wages for Construction Work.

Daly City agrees that any person performing labor in the construction of the Project using funds provided by the SFPUC under this MOA shall be paid not less than the highest prevailing rate of wages and that Daly City shall include in any contract for construction of the Project a requirement that all persons performing labor under such contract shall be paid not less than the highest prevailing rate of wages for the labor so performed. Daly City further agrees that it will comply with the provisions of subsection (b) of San Francisco Charter Section A7.204 and Section 6.22(E) of the San Francisco Administrative Code.

SECTION 5: PROJECT COORDINATION AND OPERATION

5.1 Information Sharing for Project Implementation.

A. Daly City Information Sharing Obligations. Upon request, Daly City shall voluntarily and timely provide to the SFPUC any and all information submitted by Daly City to the San Francisco Bay Regional Water Quality Control Board regarding the Vista Grande Project and any water quality or quantity data generated, but not yet submitted, to the San Francisco Bay Regional Water Quality Control Board. The SFPUC shall have the right to participate in meetings with San Francisco Bay Regional Water Quality Control Board staff regarding Project implementation and operation.

B. SFPUC Information Sharing Obligations. Upon request, SFPUC shall provide to Daly City any and all information regarding Lake Merced water surface elevations and water quality that is developed by, contracted for, or otherwise in the possession of SFPUC. Information pertinent to Lake Merced water surface elevations and water quality shall be interpreted to include available information regarding all four lakes (North Lake, East Lake, South Lake, and Impound Lake) that comprise the entirety of Lake Merced. Such information includes but is not limited to the results of any performed water quality sampling, information regarding groundwater pumping rates in the Westside Groundwater Basin, any emergency notices issued regarding the quality of Lake Merced water, and any information regarding changes to the connections among the four lakes that comprise Lake Merced.

5.2 Daly City Operation of the Vista Grande Project; Indemnification.

Daly City shall at all times operate the Project consistent with the current contents of the Vista Grande Project Lake Management Plan, as approved by the San Francisco Bay Regional Water Quality Control Board. The Lake Management Plan is expected to be

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adjusted after the effective date of this MOA as a result of adaptive management and the information provided to the San Francisco Bay Regional Water Quality Control Board in annual and five-year reports prescribed by the Lake Management Plan. As the supplier of stormwater to Lake Merced through operation of the Project, Daly City shall have sole responsibility for compliance with all state and federal regulations and permitting requirements that are related to the addition of stormwater to Lake Merced. In the event that Daly City fails to comply with any of its applicable state and federal permits, or SFPUC notifies Daly City of potential negative impacts to lake water quality exclusively due to the diversion of Daly City’s stormwater, the SFPUC reserves the right to request that Daly City cease diversion of any stormwater to the lake until such a time as the permit compliance is restored or the impact to the lake is abated.

Daly City agrees to indemnify and defend the City and its officers, agents and employees from any and all liabilities, losses, damages or expenses, including, without limitation, reasonable attorneys’ fees (“Claims”), to the extent they arise from or relate in any way to Daly City’s acts or omissions concerning the operation of the Vista Grande Project; except that Daly City’s foregoing indemnity obligation shall not apply to (i) any and all Claims associated with water quality conditions of Lake Merced, except to the extent a water quality condition arises out of or is in any way related to Daly City’s diversion of stormwater into Lake Merced, or (ii) any and all Claims to the extent they arise from the negligence or willful misconduct of the City, its officers, agents or employees.

5.3 Lake Merced Water Quality.

As of the effective date of this MOA, Lake Merced is listed as an impaired water body under Section 303(d) of the Clean Water Act, 33 U.S.C. § 1313(d), for dissolved oxygen (DO) and pH. The Parties agree to coordinate any efforts to change Lake Merced’s characterization on the State of California’s list of impaired water bodies.

5.4 Water Rights.

A. Each Party agrees that it will not operate its existing and future groundwater wells within the Basin in a manner that causes Undesirable Results to Lake Merced under California Water Code §10721(x)(6) and 23 CCR § 354.28(c)(6).

B. Each Party reserves all rights to initiate or participate in a general adjudication of groundwater rights in and to the Basin, including but not limited to a comprehensive adjudication commenced pursuant to California Code of Civil Procedure section 830 et seq. In the event of a Basin adjudication, each Party reserves all rights, positions and defenses except that the following factual stipulations shall be binding on each Party in the Basin adjudication for all purposes:

1. Daly City and the SFPUC each augments the Basin groundwater supply as a result of leakage from water and sewer piping within their respective service areas overlying the Basin. The quantity and other parameters of such augmentation will be determined in the Basin adjudication proceeding.

2. Daly City augments the Basin groundwater supply as a result of the continued delivery of recycled water by Daly City under the 2002 Recycled Water Agreement between Daly City, the North San Mateo County Sanitation District, the SFPUC, and the Olympic, Lake Merced, and San Francisco Golf Clubs. The quantity and other parameters of such augmentation will be determined in the Basin adjudication proceeding.

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3. The augmentation of the Basin groundwater supply as a result of the addition of stormwater to Lake Merced through implementation of the Vista Grande Project shall be credited to the SFPUC as part of the consideration for the SFPUC’s contribution towards construction costs of the Vista Grande Project in Section 4.1 of this MOA. The quantity and other parameters of such augmentation will be determined in the Basin adjudication proceeding. This stipulation shall not be interpreted to allocate any responsibility whatsoever to the SFPUC for the quality of any stormwater from the Vista Grande system prior to its addition to Lake Merced, which remains Daly City’s sole responsibility under §5.2.

4. SFPUC, as the owner of the Lake Merced Tract purchased from the Spring Valley in 1930, owns riparian water rights to Lake Merced that currently support the beneficial uses of fish and wildlife habitat, recreation, and emergency non- potable water supply. The nature and extent of such riparian rights, and the quantity of water available under such rights, will be determined in the Basin adjudication proceeding.

5. SFPUC augments the Basin groundwater supply to the extent that water percolates to storage in the Basin through the bed and banks of Lake Merced as a result of the 1895 construction of a dam in the outlet of Lake Merced that added

2.5 billion gallons of additional storage capacity. The quantity and other parameters of such augmentation will be determined in the Basin adjudication proceeding.

C. Nothing in this MOA shall be construed as modifying, amending or otherwise affecting the “Agreement for Groundwater Storage and Recovery from the Southern Portion of the Westside Basin by and among the San Francisco Public Utilities Commission, the City of Daly City, the City of San Bruno, and California Water Service Company” (“RGSR Project Operating Agreement”).

5.5 Project Construction Timeline.

Once permits for the Project are secured, Daly City shall provide the SFPUC with a schedule or timeline for anticipated start and completion of Project construction. Daly City shall provide to the SFPUC periodic updates to the schedule or timeline.

SECTION 6: GENERAL PROVISIONS

6.1 Term.

The term for completion of Vista Grande Project construction under this MOA shall be sixty (60) months. The obligations of each Party set forth in sections 5.1 to 5.4, inclusive, shall survive the term of this MOA and continue in force as long as the Project is operational. The Parties’ respective obligations in section 4.2.D to install and maintain mitigation plantings within the Lake Merced Tract shall survive the term of this MOA and continue in force until the mitigation obligation has been deemed complete under the Project’s Coastal Development Permit.

6.2 Invalidity of Any Term Not to Invalidate Entire MOA.

In the event that any of the terms, covenants, or conditions of this MOA or the application of any such term, covenant, or condition shall be held invalid as to any party by any court of competent jurisdiction, all other terms, covenants, or conditions of this MOA and their application shall not be affected thereby, but shall remain in full force and effect unless any such court holds that those provisions are not separable from all other provisions of this MOA.

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4566694.2 14

6.3 Construction of Terms.

This MOA is for the sole benefit of the Parties and shall not be construed as granting rights to or imposing any obligations on any person or entity other than the Parties.

6.4 Incidental, Consequential, and Indirect Damages.

To the extent permitted by law, neither of the Parties shall be liable to the other Party for consequential, indirect, special damages or lost profits.

6.5 Good Faith
The Parties shall use their best efforts and work wholeheartedly and in good faith for the expedited completion of the objectives of this MOA and the satisfactory performance of its terms.

6.6 Conflict of Interest.

Through its execution of this MOA, Daly City acknowledges that it is familiar with the provisions of Section 15.103 of the San Francisco Charter and Sections 87100 et seq. and Sections 1090 et seq. of the Government Code of the State of California and certifies that it does not know of any facts that constitute a violation of said provisions. Daly City agrees that if it becomes aware of any such fact during the term of this MOA, Daly City shall immediately notify the SFPUC.

6.7 Liability of San Francisco.

The SFPUC’s obligations under this MOA shall be limited to the payment of the not-to- exceed amount of compensation provided for in Section 4.1 and the actions described in Section 5. Notwithstanding any other provision of this MOA, in no event shall SFPUC be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits, arising out of or in connection with this MOA or the services performed by Contractor in connection with this MOA.

6.8 Termination for Convenience.

After SFPUC’s payment of the not-to-exceed amount of compensation provided for in Section 4.1, the SFPUC may terminate this MOA for San Francisco’s convenience and without cause at any time by giving Daly City thirty (30) calendar days written notice of such termination; Daly City may terminate this MOA for Daly City’s convenience and without cause at any time by giving the SFPUC thirty (30) calendar days written notice of such termination. In the event of termination, Daly City shall not be obligated to further perform any activities described in this MOA. In the event of termination, SFPUC and Daly City will continue to voluntarily provide the other with the information described in Section 5.1. In no event will the SFPUC be liable for Contract costs incurred after receipt of a notice of termination.

6.9 Amendment.

The Parties may agree to modify the terms of this MOA by written agreement authorized by the governing boards of both Parties.

6.10 Waiver.

The Parties agree that waiver by either Party of any breach or violation of any term or condition of this MOA will not be deemed to be a waiver of any other term or condition contained herein, or a waiver of any subsequent breach or violation of the same, or any other term or condition. The acceptance of the performance of any work or services by either Party will not be deemed to be a waiver of any term or condition of this MOA.

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4566694.2 15

6.11 Assignment.

This MOA may not be assigned by any of the Parties without the express written consent of the other Party.

6.12 Dispute Resolution.

The Parties shall make good faith efforts to resolve disputes or disagreements arising from this MOA through a meet and confer process. If a dispute or disagreement arises, the Parties shall meet and confer within ten (10) calendar days of receiving written notification from the other Party describing the dispute and shall thereafter schedule and participate in further meetings, if appropriate, in an effort to resolve the dispute or disagreement.

6.13 Ownership of Materials.

All Project plans, specifications, reports, documents, or other materials developed by Daly City or any other person engaged directly or indirectly by Daly City will be and will remain the property of Daly City, without restriction or limitation upon their use.

Notwithstanding the above, Daly City will make available to SFPUC copies of all non- privileged and non-confidential plans, specifications, reports, documents, or other materials developed by Daly City pursuant to this MOA for inspection or audit at any time, during regular business hours, upon written request by the SFPUC.

6.14 Entire Agreement.

This MOA sets forth the entire agreement of the Parties and supersedes all other oral or written agreements or understandings related to the design and construction of the Project. This MOA may only be modified by writing executed by both Parties.

6.15 San Francisco Sunshine Ordinance.

Daly City understands and agrees that the San Francisco Sunshine Ordinance (San Francisco Administrative Code Chapter 67) and the California Public Records Act (Govt.

Code Section 6250 et seq.) apply to this MOA and any and all records, information, and materials may be subject to public disclosure in accordance with the terms of the ordinance and state law.

6.16 Nondiscrimination.

In the performance of this MOA, Daly City shall not discriminate against any employee, subcontractor, applicant for employment with Daly City, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (“AIDS/HIV status”), or association with members of such protected classes, or in retaliation for opposition to discrimination against such classes.

6.17 Governing Law.

The Parties agree that the law governing this MOA will be that of the State of California.

The Parties will comply with all applicable laws and regulations. As the Party fully responsible for the design, construction, operation, and maintenance of the Project, Daly City will comply with all applicable laws and regulations concerning the design, construction, operation, and maintenance of the Project.

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4566694.2 16

6.18 Notices. All notices and other communications required or permitted to be given under this MOA will be in writing and will be e-mailed, personally served or mailed, postage prepaid and return receipt requested, and addressed to the Parties as follows:

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4566694.2 17

SFPUC: Steve Ritchie
Assistant General Manager, Water
San Francisco Public Utilities Commission
525 Golden Gate Avenue, 13th Floor
San Francisco, CA 94102
[email protected]

With a copy to: Sheryl Bregman
Utilities General Counsel
1390 Market Street, Suite 418
San Francisco, CA 94102
[email protected]

Daly City: Thomas J. Piccolotti, City Manager
Department of Water and Wastewater Resources
153 Lake Merced Blvd.

Daly City, CA 94105
[email protected]

With a copy to: Joshua Cosgrove, Director
Department of Water and Wastewater Resources
153 Lake Merced Blvd.

Daly City, CA 94105
[email protected]

Rose Zimmerman
City Attorney
333 90th Street
Daly City, CA 94105
[email protected]

Notice will be deemed effective on the date e-mailed, personally delivered, or if mailed, three (3) days after placement in the mail.

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4566694.2 18

IN WITNESS WHEREOF, the Parties have executed this Memorandum of Agreement by their duly authorized representatives as of the day and year indicated on the first page of this MOA.

CITY AND COUNTY OF SAN FRANCISCO CITY OF DALY CITY

PUBLIC UTILITIES COMMISSION

By: By:

Dennis Herrera Thomas J. Piccolotti
General Manager City Manager

Dated: Dated:

Authorized by San Francisco Public Authorized by City Council Commission Resolution No. Resolution No.

By: By:

Commission Secretary City Clerk

APPROVED AS TO FORM APPROVED AS TO FORM

By: By:

Joshua Milstein Rose Zimmerman
Deputy City Attorney City Attorney

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4566694.2 19

EXHIBIT A

VISTA GRANDE PROJECT LAKE MERCED LAKE MANAGEMENT PLAN

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4566694.2 20

EXHIBIT B
100% PROJECT DESIGN DRAWINGS

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EXHIBIT C

MITIGATION PLANTINGS MAINTENANCE PLAN

Daly City and its Contractors will be responsible for:
• Obtaining necessary permits from CCSF, Caltrans, and updated regulatory permits prior to commencement of construction
• Construction mitigation implementation (e.g., pre-construction surveys, worker awareness training, mitigation monitoring) and Mitigation Monitoring and Reporting as required by regulatory permits up to ten year maintenance period. • Construction of the Restoration Sites per the final restoration site design approved by Daly City and CCSF, and as permitted by CCSF, Caltrans, and regulatory agencies. • Obtaining a metered water connection from CCSF and bringing water to the site for needed irrigation
• Maintaining recreational access on trails, except during short active construction periods

During the five-year Plant Establishment Maintenance period Daly City will be responsible for:
• Weeding all non-native invasive plants to a level that meets the project’s performance criteria in terms of area and species cover
• Maintaining all components of the irrigation system if installed (lines, hoses, emitters, sprayers, tanks, meters, connections, etc.)
• Maintaining and replacing all plants as needed to meet ground cover and other performance criteria
• Eliminating trash
• Monitoring and remediating erosion issues
• Fencing maintenance and repair to keep the plants protected and the sites secure • Removal of the irrigation system at the end of 3 years

CCSF/SFPUC and its Contractors will be responsible for:

Following completion of the five-year Plant Establishment Maintenance period, SFPUC/CCSF will:
• Perform maintenance of the restoration sites for up to years six through ten (CCC will define how many additional years, up to ten years total, will be required after the initial five year maintenance period) which would primarily include weeding of non-native invasive plants and replacing plants to a level that meet’s the project’s performance criteria in terms of area and species cover.

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City Council Agenda ReportItem # _____
Meeting Date: July 14, 2025
Subject: Authorize the City Manager to Execute a Professional Services Agreement with Kimley-Horn and Associates, Inc. for the Daly City Safe Routes to School Project
Recommended Action
Staff recommends that the City Council authorize the City Manager, or his designee, to execute a professional services agreement with Kimley-Horn and Associates, Inc., in an amount of $342,611.12, for the Daly City Safe Routes to School Project.

Background
The Daly City Safe Routes to School (SRTS) project aims to improve bicycle and pedestrian safety, focusing on the areas around Thomas R. Pollicita Middle, John F. Kennedy Elementary, and Susan B. Anthony Elementary Schools. All three schools are located on or near E. Market Street and Hillside Boulevard. E. Market Street is an east-west arterial that connects to Interstate 280 (I-280) in the southern portion of Daly City (City), while Hillside Boulevard is a north-south collector that provides a critical connection between residential areas and key community destinations within the City. Within these corridors there are also private schools that would benefit from the improvements. The schools currently create sharp congestion peaks during student pick-up/drop-off periods and generate high levels of pedestrian traffic.

Based on the findings in Daly City’s 2020 Vision Zero Action Plan, Thomas R. Pollicita Middle, John F. Kennedy Elementary, and Susan B. Anthony Elementary Schools are located within a quarter-mile of the High Injury Network (HIN) – defined as city streets where serious injuries and fatalities occur most frequently. E. Market Street and Hillside Boulevard, are both identified on the City’s HIN. In addition to the schools, the focused corridors also facilitate access to San Bruno Mountain State & County Park.

In December 2022, the City procured professional engineering services from Kimley-Horn and Associates, Inc. (Kimley-Horn) to perform a corridors study on E. Market Street and Hillside Boulevard. Given the available right-of-way, consistency of street cross sections, high pedestrian and cycling volumes, and number of schools and residential areas within the study area, the following possible changes were identified along the E. Market Street and Hillside Boulevard corridors to enhance pedestrian and bicycle safety:
•Reallocate right-of-way along E. Market Street from Hillside Boulevard to Price Street and Hillside Boulevard from Teresa Street to Sylvan Street to include bicycle facilities, converting the existing street cross-section from four lanes (two lanes in each direction) to three (one 10-10.5 ft. lane in each direction with a 12-ft. center two-way left-turn lane).

Most on-street parking would remain along both study corridors. No changes to traffic control were recommended.

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Authorize the City Manager to Execute a Professional
Services Agreement with Kimley-Horn and Associates, Inc. for the Daly City Safe Routes to School Project
Meeting Date: July 14, 2025

Page 2 ends

•Install 5-ft. bicycle lanes separated by a 2-ft. striped buffer on each side of E. Market Street.

Bicycle intersection crossing markings and green conflict striping included at key right- turns to emphasize bicycle movements should also be considered. •Install curb bulb-outs and high visibility crosswalks at several intersections to shorten crossing distances and provide additional protection for pedestrians. •Reconstruct the southwest and southeast corners at the E. Market Street and Hillside Boulevard intersection with raised concrete islands to create additional space and protection for pedestrians and bicyclists using the busiest crosswalk along the corridors to reach the schools in the area.
•Provide right-turn pockets for ingress into the school parking area for passenger loading. •Install 7-ft. parking protected bike lanes with a 3-ft. striped buffer on E. Market Street from Orange Street to Price Street.
•Install all-way stop control at the intersection of Price Street/E. Market Street with a two- stage left-turn box for bicyclists.

In September 2023, the City executed a Fund Transfer Agreement with the California Department of Transportation (Caltrans) to allocate $3,200,000 of appropriated State General Fund for the Daly City SRTS project per California’s Budget Act of 2022. Caltrans determined the best method for allocation to ensure the funds are used for the purposes specified in Section 19.56 of the Act is a funds transfer agreement.

Discussion
Staff released a Request for Proposals (RFP) for professional engineering design services for the Daly City SRTS project on February 6, 2025. One proposal was received and a panel consisting of staff from the Department of Public Works evaluated the proposal on its technical merits. Based on their technical experience and expertise, Kimley-Horn was recommended for the project. Their fee is in line with the level of effort required to complete the project design.

Kimley-Horn’s scope of the work includes, but is not limited to:
•Project Management – Project administration and coordination with the overall project team.
•Data Collection – Existing data review, topographic mapping and base map creation, and utility evaluation and coordination.
•Project Outreach – Community engagement materials and stakeholder meetings. •Refined Conceptual Design – 50% conceptual design plans. •Preliminary Design – 75% plans and engineer’s estimate. •Detailed Design – 95% plans, specifications, and engineer’s estimate (PS&E). •Draft and Final Plan, Specifications, and Engineer’s Estimate – 100% PS&E and final bid PS&E.
•Construction Support Services – Bid support and construction support.

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Authorize the City Manager to Execute a Professional
Services Agreement with Kimley-Horn and Associates, Inc. for the Daly City Safe Routes to School Project
Meeting Date: July 14, 2025

Page 3 ends

Fiscal Impact
The professional services agreement with Kimley-Horn for engineering design services of the Daly City SRTS project provides for a not-to-exceed amount of $342,611.12. An additional $68,522.23 (20%) is needed for design contingencies and staff time for a total design budget of $411,133.35.

Sufficient funds are available in the previously approved and appropriated Transportation Capital Project Fund – Daly City Safe Routes to School project account 17-312-641 to fund the design services.

Summary/Conclusion
Staff recommends that the City Council authorize the City Manager, or his designee, to execute a professional services agreement with Kimley-Horn and Associates, Inc., in an amount of $342,611.12, for the Daly City Safe Routes to School Project.

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

Respectfully submitted,
Alexander Yuen Richard Chiu, Jr.

Civil Engineering Associate Director of Public Works
Attachment:

1. Kimley-Horn and Associates, Inc. Professional Services Agreement

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AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC.

FOR DESIGN PROFESSIONAL SERVICES
FOR
City of Daly City

This Agreement, made and entered into this ____ day of __________, 2025 (Effective Date) by and between the CITY OF DALY CITY, a municipal corporation existing under the laws of the State of California (”CITY"), and KIMLEY-HORN AND ASSOCIATES, INC. , a North Carolina Corporation ("CONSULTANT"):

KIMLEY-HORN AND ASSOCIATES, INC.
1300 Clay Street, Suite 900
Oakland, CA 94612

R E C I T A L S :

A. CITY desires certain construction document services hereinafter described as the design services for the Daly City Safe Routes to School project.

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

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES

The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, the proposal from KIMLEY -HORN AND ASSOCIATES, INC. dated March 7
th, 2025, with revisions dated June 17th, 2025, attached and incorporated by reference.

SECTION 2 - DUTIES OF CONSULTANT

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

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

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

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SECTION 3 - DUTIES OF CITY

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

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

SECTION 4 - TERM

The services to be performed under this Agreement shall commence on the Effective Date and completed within two (2) years.

SECTION 5 - PAYMENT

Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT , on a not to exceed, time and materials basis, pursuant to rates stated in Exhibit A to this Agreement, attached and incorporated by reference. In no event shall CONSULTANT’s total compensation under this Agreement exceed three hundred forty -two thousand, six hundred and eleven dollars and twelve cents ($342,611.12).

SECTION 6 – TERMINATION

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

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

SECTION 7 - OWNERSHIP OF DOCUMENTS

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

SECTION 8 - INDEPENDENT CONTRACTOR

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

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SECTION 9 - CONFIDENTIALITY

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

SECTION 10 - INTEREST OF CONSULTANT

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

SECTION 11 – USE OF SUBCONSULTANTS

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

SECTION 12 - CONSULTANT'S STATUS

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

SECTION 13 – SB 1383 COMPLIANCE

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

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

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

SECTION 14 - INDEMNITY

To the fullest extent permitted by law (including, without limitation, California Civil Code Sections 2782 and 2782.8), C ONSULTANT and C ONSULTANT’s sureties agree to defend (with legal counsel acceptable to the CITY ), indemnify and hold harmless the C ITY, its officers, agents, officials, representatives, employees and volunteers (collectively “Indemnitees”) from and against any and all claims, demands, actions, losses, damages, injuries, and liability, direct or indirect (including, court costs, attorneys’ fees, litigation expenses and fees of expert consultants or expert witnesses incurred in connection therewith and costs of investigation), that to the extent Docusign Envelope ID: FBA0667F-A99C-4176-9D8C-C112A7A80064

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-4-
arise out of, pertain to, or relate to, the negligence, recklessness, or willful misconduct of CONSULTANT, any Subconsultant, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Such obligations to defend, hold harmless and indemnify any Indemnitee shall not apply to the extent that such Liabilities are arise out of the sole negligence, active negligence, or willful misconduct of Indemnitee.

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

The duty of C ONSULTANT and its sureties to indemnify and hold harmless as set forth above, shall include the duty to defend as set forth in Section 2778 of the California Civil Code, provided, however, that nothing herein shall be construed to require the C ONSULTANT to indemnify the C ITY, its subsidiary districts, its officers, agents or employees against any responsibility for liability in contravention of Section 2782 of the California Civil Code.

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

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

SECTION 15 - INSURANCE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SECTION 16 - NONASSIGNABILITY

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

SECTION 17 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT

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

SECTION 18 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent Docusign Envelope ID: FBA0667F-A99C-4176-9D8C-C112A7A80064

Page 60 of 149 ends

-7-
acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 19 – SEVERABILITY

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

SECTION 20 - COSTS AND ATTORNEY FEES

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

SECTION 21 - NON-DISCRIMINATION

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

SECTION 22 - MEDIATION

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

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

Docusign Envelope ID: FBA0667F-A99C-4176-9D8C-C112A7A80064

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-8-
SECTION 23 - LITIGATION

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

SECTION 24 - NOTICES

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

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

To CONSULTANT: Ryan Dole
Kimley-Horn and Associates, Inc.
1300 Clay Street, Suite 900
Oakland, CA 94612

SECTION 25 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

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

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

SECTION 26 – AUTHORITY TO ENTER INTO AGREEMENT

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

Docusign Envelope ID: FBA0667F-A99C-4176-9D8C-C112A7A80064

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-9-
SECTION 27 - GOVERNING LAW AND VENUE

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

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

CITY OF DALY CITY CONSULTANT
KIMLEY-HORN AND ASSOCIATES, INC.

_______________________________ _________________________________ Thomas J. Piccolotti Adam Dankberg, P.E. (CA70598) City Manager Vice President

APPROVED AS TO FORM

______________________________
Rose Zimmerman
City Attorney
44 44
Docusign Envelope ID: FBA0667F-A99C-4176-9D8C-C112A7A80064

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Proposal for
Daly City Safe Routes to School (SRTS)
March , 2025
rch
Marc
Prepared byPrepared for

CITY OF DALY CITY

EXHIBIT A

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Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 1

TRANSMITTAL LETTER
March 7, 2025
ATTN: City of Daly City City
Alexander Yuen, Civil Engineering Associate/Project Manager Public Works Department - Engineering Division

WK6WUHHWVW)ORRU(QJLQHHULQJ2IƂFH
Daly City, CA 94015
RE: PROPOSAL FOR SAFE ROUTES TO SCHOOL (SRTS) PROJECT
Dear Mr. Yuen and Members of the Selection Committee,
The East Market Street and Hillside Boulevard corridors are critical facilities for commuters, students, and residents throughout southern Daly City. :LWKƂYHVFKRROVDQGWKH&ROPD%D\$UHD5DSLG7UDQVLW
%$57
6WDWLRQORFDWHGZLWKLQDURXJKO\KDOIPLOHUDGLXVRIWKHVHWZRSLYRWDOFRUULGRUV there is a clear need to enhance the comfort, safety, and convenience for the approximately 1,500 students that travel to and from school along theses corridors.The City of Daly City City (City)LVUHDG\WRPRYHIRUZDUGZLWKWKHQH[WSKDVHRIWKH'DO\&LW\6DIH5RXWHVWR6FKRRO

6576
3URMHFW
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WRSUHSDUHƂQDOFRQVWUXFWLRQSODQVVSHFLƂFDWLRQVDQGFRVWHVWLPDWHVIRUELGGLQJDQGFRQVWUXFWLRQSXUSRVHV+DYLQJ EHHQLQYROYHGZLWKWKHLQLWLDOFRUULGRUVWXG\RXUKimley-Horn team that prepared the initial corridor study is excited and passionate about the RSSRUWXQLW\WRFRQWLQXHRXUSDUWQHUVKLSZLWKWKH&LW\RQWKLV3URMHFWDQGEHOLHYHWKHIROORZLQJNH\EHQHƂWVPDNHRXUWHDPWKHULJKWSDUWQHUIRUWKH &LW\FRQWLQXLQJIRUZDUG

Ready to hit the ground running. :HKDYHH[WHQVLYHSURMHFWNQRZOHGJHWKURXJKRXUZRUNRQWKHLQLWLDOH[LVWLQJFRQGLWLRQVDQDO\VLVDQG)LQDO &RUULGRU6WXG\GDWLQJEDFNWR:HKDYHDOUHDG\ZDONHGWKHFRUULGRUWRREVHUYHWUDIƂFFRQGLWLRQVDQGFRQVWUDLQWVH[SORUHGDQGHYDOXDWHG GHVLJQRSWLRQVDQGFROODERUDWHGZLWK&LW\VWDIIRQWKHSURMHFWDSSURDFK%HFDXVHRXUZRUNLQWKHDUHDJRHVEDFNPXOWLSOH\HDUVZHDUHYHU\ IDPLOLDUZLWKWKH&LW\pVYLVLRQWRLPSURYHSHGHVWULDQDQGELF\FOHDFFHVVWRWKHVWXGHQWVDQGFRPPXQLW\Our team is ready to start immediately XSRQQRWLFHWRSURFHHG
173
ZLWKQROHDUQLQJFXUYHuHQDEOLQJXVWRSLFNXSZKHUHZHOHIWRIIDQGZRUNZLWKWKH&LW\WRUHƂQHWKH FRQFHSWXDOGHVLJQKROGRXWUHDFKHYHQWVZLWKWKHSXEOLFDQGSUHSDUHWKHƂQDOGHVLJQSODQVIRUDSURMHFWWKDWƂWVZLWKLQWKH&LW\pV allocated funds for construction.
:HKDYHH[SHULHQFHZLWKQXPHURXV&RPSOHWH6576SURMHFWVLQWKH%D\$UHD.LPOH\+RUQKDVZRUNHGRQPDQ\SURWHFWHGLQWHUVHFWLRQ DQGELNHZD\GHVLJQSURMHFWVLQWKH6DQ)UDQFLVFR%D\$UHDIRUPXQLFLSDOLWLHVDQGWUDQVSRUWDWLRQDJHQFLHVPDNLQJXVZHOOSUHSDUHGDQGZHOO SRVLWLRQHGWRZRUNRQWKLVSURMHFW:HKDYHGHYHORSHGDVRXQGDSSURDFKWRWKLVSURMHFWWKURXJKRXUORFDOZRUNLQWKH3HQLQVXODZKLFKLQFOXGHV the Safe Routes to School (SRTS) Improvements on Maude and Sunnyvale Avenues, the Sunnyvale Neighbors of Arbor Including LaLinda (SNAIL) Neighborhood Improvements for the City of Sunnyvale, the Santa Cruz Avenue and Alameda de Las Pulgas Corridor Improvement 3URMHFWt%LF\FOHDQG6DIHW\,PSURYHPHQWVfor the County of San MateoWKH:LOORZ5RDG&ODVV,9%LNHZD\DQG3HGHVWULDQ6DIHW\ ,PSURYHPHQWV3URMHFW for the City of Menlo ParkDQGWKH)DVKLRQ,VODQG%RXOHYDUG WK$YHQXH&RPSOHWH6WUHHWV&RUULGRU for the San
Mateo County Transportation Authority. Our approach is further supplemented by our complete streets and bicycle/pedestrian safety improvement GHVLJQSURMHFWVHOVHZKHUHLQWKH6DQ)UDQFLVFR%D\$UHDLQFOXGLQJWKH8QLRQ&LW\%RXOHYDUG%LNH/DQH,PSURYHPHQWV for the City of Union City, the (DVWWK%LNHZD\V
WK$YHQXHWR,QWHUQDWLRQDO%RXOHYDUG
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for the City of Alameda, and the San Pablo Avenue Multimodal Corridor 3URMHFWIRU$ODPHGD&RXQW\7UDQVSRUWDWLRQ&RPPLVVLRQ:LWK.LPOH\+RUQ\RXFDQWUXVWXVWRPRYH\RXDQG\RXUSURMHFWIRUZDUG :HDUHH[FLWHGDERXWWKLVRSSRUWXQLW\WRFRQWLQXHRXUSDUWQHUVKLSZLWKWKH&LW\LQPDNLQJWKLVSURMHFWDVXFFHVV,I\RXKDYHDQ\TXHVWLRQVRUZLVKWR GLVFXVVDQ\DVSHFWRIRXUSURSRVDOSOHDVHFRQWDFWSURMHFWPDQDJHU5\DQ'ROH3(7(DWU\DQGROH#NLPOH\KRUQFRPRUDWWKHDGGUHVV OLVWHGDWWKHEHJLQQLQJRIWKLVSDJH-RKQ3XOOLDP3(KDVWKHDXWKRULW\WRQHJRWLDWHFRQWUDFWVRQEHKDOIRIWKHƂUP.LPOH\+RUQ VSURSVDOVKDOOUHPDLQ
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GD\VEH\RQGWKHVXEPLWWDOGDWHWe hereby acknowledge the prevailing wage requirement outlined in the Request for Proposals (RFP).

Sincerely,
KIMLEY-HORN AND ASSOCIATES, INC.

Kimley-Horn
1300 Clay Street, Suite 900
Oakland, CA 94612
510.625.0712
ZZZNLPOH\KRUQFRP
5\DQ'ROH3(7(
Project Manager
John Pulliam, PE
QA/QC Manager/Principal-in-Charge/Authorized Signer

EXHIBIT A

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2 Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025

FIRM PROFILE AND PROJECT TEAM
Kimley-Horn is a full-service engineering, planning, and environmental FRQVXOWLQJƂUPSURYLGLQJVHUYLFHVWRSXEOLFDQGSULYDWHVHFWRUFOLHQWV QDWLRQZLGH6LQFHRXUIRXQGLQJLQ
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PROJECT TEAM
$GGLWLRQDOO\WKURXJKRXUWHDPpVEDFNJURXQGFRPSOHWLQJQXPHURXV URDGZD\ SURMHFWVWKURXJKRXWWKH%D\$UHDZHKDYHJDLQHGJUHDWIDPLOLDU LW\ZLWK the local challenges, regulations, codes, procedures, and infrastructure UHTXLUHPHQWVLQFOXGLQJDIRFXVRQ&RPSOHWH6WUHHWVDFWLYHWUD QVSRUWDWLRQ$PHULFDQVZLWK'LVDELOLWLHV$FW $'$
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pedestrian and bicycle safety, sustainability, modernized lighting, and traffic signal interconnect. .LPOH\+RUQNQRZVWKDWZKHQ\RXFKRRVHDFRQVXOWLQJƂUP\RXDUHUHDOO\FKRRVLQJWKHSHRSOHZKRZLOOEULQJ\RXWHFKQLFDOH[SHUWLVHKDQGVRQ H[SHULHQFHZLWKVLPLODUSURMHFWVDQGDFRPPLWPHQWWRWLPHO\ƂUVWUDWHGHOLYHUDEOHVDQGFOLHQWVHUYLFH7KDWpVZK\ZHpYHFDUHIXOO\FRQVLGHUHGWKH FRPSRVLWLRQRIRXUWHDPLGHQWLI\LQJRQO\WKHPRVWTXDOLƂHGSHUVRQQHOZLWKUHFHQWUHOHYDQWSURMHFWH[SHULHQFHWRZRUNZLWK\RX2XUWHDPFRQVLVWLQJRI VWDIILQRXU2DNODQG6DQ0DWHRDQG3OHDVDQWRQRIƂFHVRIIHUVH[WHQVLYHSULRUH[SHULHQFHZRUNLQJWRJHWKHUDQGDWKRURXJKXQGHUVWDQGLQJRIWKHORFDO RUGLQDQFHVUHJXODWLRQVSROLFLHVUHTXLUHPHQWVDQGSHUPLWWLQJSURFHGXUHVRIDJHQFLHVLQWKHUHJLRQ 2XUWHDPZLOOEHOHGE\SURMHFWPDQDJHUDQGOHDGHQJLQHHURyan Dole, PE, TEZKRKDVRYHU\HDUVRIH[SHULHQFHLQFRPSOHWHVWUHHWVDQGDFWLYH WUDQVSRUWDWLRQSODQQLQJDQGGHVLJQ5\DQZLOOEHVXSSRUWHGE\DFRUHWHDPRIH[FHSWLRQDOHQJLQHHUVDQGDQDO\VWVLQFOXGLQJ John Pulliam, PE 3ULQFLSDO
LQ&KDUJH4$4&0DQDJHU
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XVWREHWWHUXQGHUVWDQGKRZRXUSURGXFWVZLOOEHXVHGIRUWKHHQGSXUSRVH7KH\HPSKDVL]HWKHLPSRUWDQFHRIFRPPXQLFDWLQJZLWKRXUFOLHQWVWKURXJKRXW the project to ensure a successful project.

EXHIBIT A

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3 Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025
)LJXUH2UJDQL]DWLRQDO&KDUW
Survey
Christine Leptien-Parks, PE, PLS
Engineering and Design
Conner L'Hommedieu, PE, TE
Roadway, Complete Streets,
and Multimodal Design
Monica Tanner, PE
Akash Patel, PE
Heather Wong, PE
Tessa Kemper, EIT
Alex Gonzalez
Signal, Lighting, and Electrical Design
Shawn Rainey, PE
Cade Luongo, EIT
Brenton Curran
Stormwater and Green Infrastructure
Tyler Whaley, PE, QSD/P ,
Matt Tognolini
Project Coordination and Engagement
Stakeholder and Utility Coordination
Conner L'Hommedieu, PE, TE
Public Outreach
Monica Tanner, PE
Kao Saeturn
Landscape Architecture
Randall Kopff, PLA, CLARB
Claire Morris

CITY OF DALY CITY
Project Manager
Ryan Dole, PE, TE
Principal-in-Charge/QA/QC Manager
John Pulliam, PE
Bold = Key Personnel
Blue = Subconsultant LCC
3KRWR(DVW0DUNHW6WUHHW

EXHIBIT A

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Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 R-1

RYAN DOLE, PE, TE

PROJECT MANAGER

EDUCATION
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California Polytechnic
State University

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FEATURED PROJECT EXPERIENCE
ڪLW\RI'DO\&LW\&LW\6DQ3HGUR5RDG(0DUNHW6WUHHWDQG+LOOVLGH%RXOHYDUG&RUULGRUV6WXG\'DO\&LW\ CA — Conceptual Design and Cost Estimating Lead
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EXHIBIT A

Page 68 of 149 ends

Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 R-2

JOHN PULLIAM, PE

PRINCIPAL-IN-CHARGE/QA/QC MANAGER

EDUCATION
ڪBS, Civil Engineering,
University of
Missouri, Columbia
ڪBS, Biology,
Drury University

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coordination and design; ADA compliance improvements; detention basins and outfall structures; construction oversight; and general civil engineering.

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EXHIBIT A

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Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 R-3

CHRISTINE LEPTIEN-PARKS, PE, PLS
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RELEVANT PROJECT EXPERIENCE
ڪCity of South San Francisco, Intersection Improvements, Junipero Serra at Arroyo and Chestnut at Commercial, South San Francisco, CA — Principal Surveyor ڪLiveNation, Shoreline Amphitheater Improvements, Mountain View, CA — Principal Surveyor ڪRRJOH0DQLOD$YHQXH&RQQHFWRU3DWK0RXQWDLQ9LHZ6XQQ\YDOH&$u3ULQFLSDO6XUYH\RU ڪCity of Martinez, Consulting City Surveyor, Martinez, CA — Principal Surveyor ڪLW\RI%HUNHOH\2Q&DOO6XUYH\LQJDQG(QJLQHHULQJ6HUYLFHV%HUNHOH\&$u3URMHFW0DQDJHU ڪDO\&LW\5HF\FOHG:DWHUOLQH3URMHFWu3ULQFLSDO6XUYH\RU ڪLW\RI6XQQ\YDOH%RUUHJDV$YH0LG%ORFN&URVVLQJDQG%LNH/DQHV6XQQ\YDOH&$u3ULQFLSDO6XUYH\RU ڪLivermore Amador Valley Transit Authority (LAVTA), Atlantis Court Yard Improvements, Livermore, CA — Principal Surveyor
ڪLW\RI8QLRQ&LW\8QLRQ&LW\%RXOHYDUG%LNH/DQH,PSURYHPHQWV8QLRQ&LW\&$u3ULQFLSDO6XUYH\RU ڪ6DQ/HDQGUR8QLƂHG6FKRRO'LVWULFW
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ڪDVW%D\5HJLRQDO3DUN'LVWULFW%D\7UDLOVIURP&DUTXLQH]WR%HUUHOOHVD0DUWLQH]&$u3URMHFW(QJLQHHU and Principal Surveyor
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ڪLW\RI%HUNHOH\0HDVXUH75RDGZD\,PSURYHPHQWV:DUG6WUHHWDQG0RQWHUH\$YH%HUNHOH\&$u Principal Surveyor
ڪLW\RI/DID\HWWH0W'LDEOR%RXOHYDUG0W'LDEOR&RXUW,QWHUVHFWLRQ/DID\HWWH&$u3ULQFLSDO6XUYH\RU ڪRRJOH0DQLOD$YHQXH&RQQHFWRU3DWK0RXQWDLQ9LHZ6XQQ\YDOH&$u3ULQFLSDO6XUYH\RU ڪLW\RI/DID\HWWH%$573DUNLQJDQG3OD]D(QWUDQFHDQG(%LNH/RFNHUV/DID\HWWH&$u3ULQFLSDO6XUYH\RU ڪRedwood City, Kennedy Middle School Safe Routes to School, Redwood City, CA — Principal Surveyor

EXHIBIT A

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4 Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025

RELEVANT EXPERIENCE
7KHNH\SHUVRQQHOSURSRVHGIRUWKLVSURMHFWKDYHDORQJKLVWRU\RIVXFFHVVIXOO\FRPSOHWLQJVLPLODUSURMHFWV$VUHTXHVWHGWKHIROORZLQJWKUHHSURMHFWVVKRZFDVH past experience that encompass many of the same elements as this project. We encourage you to contact our references included for each project as a testament WRRXUVHUYLFHVDQGFRQGXFW,QDGGLWLRQWRWKHSURMHFWVKLJKOLJKWHGEHORZ.LPOH\+RUQEULQJVIDPLOLDULW\ZLWKWKHSURMHFWORFDWLRQWKURXJKRXUFRPSOHWHGFRUULGRU VWXG\RIWKHSURMHFWDUHDDQGRQFDOOFRQWUDFWV
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CITY OF SUNNYVALE, SRTS IMPROVEMENTS ON MAUDE AND SUNNYVALE AVENUES, SUNNYVALE,CA Kimley-Horn completed concept development, environmental clearance, and preliminary design efforts for Sunnyvale Safe Routes to School improvements along Maude Avenue and Sunnyvale Avenue around %LVKRS(OHPHQWDU\6FKRRO7KHLPSURYHPHQWVFRQVLVWHGRIPRGLƂFDWLRQV to Maude Avenue/Mathilda Avenue and Maude Avenue/Borregas Avenue to remove porkchop islands and make the intersections safer for pedestrians. 7KH\DOVRFRQVLVWHGRIUHSODFHPHQWRIRQVWUHHWSDUNLQJZLWKEXIIHUHGELF\FOH lanes on Sunnyvale Avenue. As part of the effort, Kimley-Horn developed FRQFHSWVDVVHVVHGJHRPHWULFIHDVLELOLW\DQDO\]HGWUDIƂFDQGSDUNLQJ conditions, and completed environmental clearance documentation through &DOWUDQV7KHSURMHFWZDVFRPSOHWHGZLWKLQVL[PRQWKVWRPHHWWKH&LW\ V
JUDQWIXQGLQJVFKHGXOHUHTXLUHPHQWV.LPOH\+RUQVXSSRUWHGWKH&LW\LQD SXEOLFHQJDJHPHQWSURFHVVIRUWKLVSURMHFW.LPOH\+RUQZDVVHOHFWHGE\ WKH&LW\RI6XQQ\YDOHWRFRPSOHWHWKHGHVLJQRIWKHSURMHFWDQGGHVLJQZDV completed in Summer 2022.
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EXHIBIT A

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5 Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025
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RIWKLVSURMHFWZKLFKVHHNVWRPRGLI\DERXWDPLOHVWUHWFKRI Union City Boulevard from the Union City limit to Smith Street, adding Class ,,EXIIHUHGELF\FOHODQHVLQERWKGLUHFWLRQVZLWK&ODVV,9SURWHFWHGELF\FOH ODQHVDWFHUWDLQVHJPHQWVZLWKLQWKHFRUULGRUOLPLWV$GGLWLRQDOO\D&ODVV ,PXOWLXVHSDWKLVEHLQJGHVLJQHGDQGLPSOHPHQWHGRQWKHZHVWVLGHRI WKHFRUULGRUEHWZHHQ(DVWLQ'ULYHDQG'HODLQH(DVWLQ(OHPHQWDU\6FKRRO As part of our work, a portion of the existing median that consists of GHFRPSRVHGJUDQLWHZLOOEHUHPRYHGDQGWKHWUDIƂFODQHVVKLIWHGWR accommodate new bicycle lanes. Additional work we have completed includes safety improvements, operational improvements, intersection PRGLƂFDWLRQVEXOERXWVPHGLDQODQGVFDSLQJVWRUPZDWHUWUHDWPHQW IDFLOLWLHVPRGLƂFDWLRQVWRWKHH[LVWLQJVWRUPGUDLQV\VWHPOLJKWLQJ PRGLƂFDWLRQVWUDIƂFVLJQDOPRGLƂFDWLRQVƂEHURSWLFLPSURYHPHQWV environmental clearance, and sidewalk reconstruction along Union City %RXOHYDUGZLWKLQWKHFRUULGRUOLPLWV$VDVXEFRQVXOWDQW/&&SURYLGHG VXUYH\LQJVHUYLFHV7KLVSURMHFWUHFHQWO\ZHQWWRELGDQGZDVDZDUGHGZLWK an approximate construction contract value of $17 million and began in March 2024.
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SAFETY IMPROVEMENTS, SAN MATEO COUNTY, CA
Kimley-Horn supported the County of San Mateo in providing preliminary HQJLQHHULQJVHUYLFHVDQGLVFXUUHQWO\VXSSRUWLQJWKHPZLWKƂQDO36 (GHVLJQ services to develop a set of bicycle and pedestrian safety improvements DORQJ$ODPHGD'H/DV3XOJDV6DQWD&UX]$YHQXHEHWZHHQ$Y\$YHQXH DQG6DQG+LOO5RDGWe prepared conceptual design plans and cost estimates for three alternatives, including the provisions of improved SHGHVWULDQDQGELF\FOHIDFLOLWLHVDQGUHFRQƂJXUDWLRQRIWKHFRPSOH[DQG auto-oriented “Y” intersection. We prepared VISSIM microsimulation models to analyze the proposed geometric and operational PRGLƂFDWLRQVWRGHWHUPLQHWKHLUHIIHFWRQWUDYHOWLPHHPLVVLRQV DQGTXHXLQJ7KHSURMHFWDOVRLQFOXGHGVHYHUDOPHHWLQJVZLWKWKH community task force, community meetings, and online engagement. %DVHGXSRQWKHDSSURYHGDOWHUQDWLYHIURPWKHFRQFHSWXDOSKDVHZHKDYH DGYDQFHGWKHGHVLJQLQWR)LQDO36 (7KHSURMHFWLPSURYHPHQWVLQFOXGH URDGGLHWLQJVLGHZDONZLGHQLQJUHVWULSLQJELF\FOHDQGSHGHVWULDQ VDIHW\HQKDQFHPHQWV$'$FXUEUDPSXSJUDGHVEXOERXWVWUDIƂFVLJQDO PRGLƂFDWLRQSDYHPHQWUHKDELOLWDWLRQGUDLQDJHLPSURYHPHQWVHQYLURQPHQWDO FOHDUDQFHDQGRWKHUFRPSOHWHVWUHHWHOHPHQWV7KLVSURMHFWZDVDUHFLSLHQWRIWKH$73&\FOHJUDQWIRUFRQVWUXFWLRQIXQGVZKLFKZDVDQHIIRUWWKDWZH supported. This project commenced construction in Summer 2024, and construction is still ongoing. 3URMHFW5HVSRQVLELOLW\
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EXHIBIT A

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6 Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025
$/$0('$&7&6$13$%/2$9(18(08/7,02'$/&255,'25352-(&7$/$0('$$1'&2175$&267$&2817,(6&$ 6DQ3DEOR$YHQXHLVDUHJLRQDOO\VLJQLƂFDQWFRUULGRUVSDQQLQJWKH(DVW Bay, and serves as a principal transportation artery, a transit trunk line, a main street, a front door, a community space, sometimes as a regional WUDIƂFGHWRXUURXWH,WH[SHULHQFHVVLJQLƂFDQWFRQJHVWLRQVDIHW\KD]DUGV DQGQHWZRUNLQHIƂFLHQFLHVKimley-Horn is leading a consultant team working with the Alameda County Transportation Commission to GHYHORSDSODQWKDWERWKHVWDEOLVKHVWKHORQJWHUPYLVLRQDQGLGHQWLƂHV near-term improvements to enhance corridor effectiveness for all users. The corridor study is identifying a range of multimodal improvements to enhance the throughput, connectivity, sustainability, and safety of the PLOHFRUULGRUDQGLQFOXGHVFRRUGLQDWLRQDPRQJVWVHYHQFLWLHVDQGWZR WUDQVLWRSHUDWRUVDVZHOODV&DOWUDQV7KHSURMHFWLQFOXGHVERWKLGHQWLƂFDWLRQ RIQHDUWHUPVDIHW\DQGFLUFXODWLRQLPSURYHPHQWVDVZHOODVORQJHUWHUP LPSURYHPHQWVVXFKDV%57DQGHQKDQFHGELF\FOHIDFLOLWLHV$VSDUWRI3KDVH 1 of the effort, Kimley-Horn led the conceptual engineering, transit planning, ,76DQGWHFKQRORJ\HYDOXDWLRQVVWDNHKROGHUHQJDJHPHQWSURMHFWGHOLYHU\ and technical and operations analysis elements of the project. For Phase 2 HIIRUWV.LPOH\+RUQZLOODGYDQFHQHDUWHUPWUDQVLWELF\FOHDQGSHGHVWULDQ improvements through planning, environmental, and design phases for LPSOHPHQWDWLRQZLWKLQWKHQH[WƂYH\HDUV7KHVHZLOOLQFOXGHq4XLFN%XLOGr LPSOHPHQWDWLRQVWUDWHJLHVWRH[SHGLWHEHQHƂWVIRUWUDQVLWWUDYHOWLPHDQG reliability.
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July 11, 2017 — Ongoing
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CITY OF OAKLAND, LAKESHORE AVENUE CYCLE TRACK PROJECT, OAKLAND, CA .LPOH\+RUQLVOHDGLQJWKLVSURMHFWZKLFKZLOOLPSOHPHQWDURDGGLHWDQGURDGZD\UHFRQƂJXUDWLRQRI/DNHVKRUH$YHQXHEHWZHHQ(WK6WUHHW WR0DF$UWKXU%RXOHYDUGWRLQFOXGHDVHSDUDWHGWZRZD\ELNHZD\'LUHFWO\DGMDFHQWWR/DNH0HUULWW/DNHVKRUH$YHQXHH[SHULHQFHVKLJKSHGHVWULDQ DQGELF\FOHYROXPHVVLQFHWKHODNHLVDNH\UHFUHDWLRQGHVWLQDWLRQEXW/DNHVKRUH$YHQXHDOVRVHUYHVDVDSULPDU\URXWHIRUYHKLFOHVQDYLJDWLQJDURXQG WKHODNH7KH&LW\RI2DNODQGKDVSULRULWL]HGWKHSURMHFWDIWHUDWUDJLFIDWDOLW\RIDFKLOGELF\FOLQJLQDVWDQGDUG&ODVV,,ELNHODQHZKRZDVVWUXFNE\DQ RSHQLQJYHKLFOHGRRU7KHURDGZD\UHFRQƂJXUDWLRQZLOOSURYLGHIRUDFXUEVLGHWZRZD\F\FOHWUDFNVHSDUDWHGIURPWKHSDUNLQJODQHE\FRQFUHWHEXIIHUV 7KHSURMHFWDOVRLQFOXGHVFXUEH[WHQVLRQVDQG$'$FXUEUDPSXSJUDGHVDWLQWHUVHFWLRQVHQKDQFHGSHGHVWULDQDQGELF\FOHFURVVLQJV LQFOXGLQJQHZ
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EXHIBIT A

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7 Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025

PROJECT APPROACH, ORGANIZATION, AND LOCAL PRESENCE
352-(&781'(567$1',1*
'DO\&LW\pV65763URMHFWZLOODVVHVVZD\VWRHQKDQFHSHGHVWULDQDQGELF\FOHFRQQHFWLYLW\DORQJWZRNH\WUDQVSRUWDWLRQFRUULGRUVZLWKLQWKH&LW\(DVW 0DUNHW6WUHHWLVDQHDVWZHVWDUWHULDOWKDWFRQQHFWVWR,QWHUVWDWH ,
LQWKHVRXWKHUQSRUWLRQRIWKH&LW\ZKLOH+LOOVLGH%RXOHYDUGLVDQRUWKVRXWK DUWHULDOWKDWSURYLGHVDFULWLFDOFRQQHFWLRQEHWZHHQUHVLGHQWLDODUHDVDQGNH\FRPPXQLW\GHVWLQDWLRQVZLWKLQWKH&LW\7KHVHWZRFRUULGRUVLQWHUVHFWMXVW HDVWRI,WKH&ROPD%$57VWDWLRQDQG0LVVLRQ6WUHHWDQGVHUYHDZLGHYDULHW\RIWULSWDNHUV7KHVHLQFOXGHSDUHQWVDQGVWXGHQWVWUDYHOOLQJWRDQG IURPWKHPXOWLSOHQHDUE\VFKRROVDVZHOODVFRPPXWHUVWUDYHOLQJWRDQGIURP,DQG%$57UHFUHDWLRQDOWULSVWR6DQ%UXQR0RXQWDLQ6WDWH &RXQW\ Park, and shopping trips to Serramonte Center to the south. E Market Street and Hillside Boulevard serve as pivotal corridors for keeping a range of local FRPPXQLW\PHPEHUVPRELOHDQGZHOOFRQQHFWHG
The East Market Street and Hillside Boulevard corridors are critical facilities for many commuters, students, and other residents throughout southern 'DO\&LW\7KHUHDUHƂYHVFKRROVORFDWHGZLWKLQDURXJKO\KDOIPLOHUDGLXVRIWKHLQWHUVHFWLRQRI(DVW0DUNHW6WUHHWDQGWKHVFKRROVDFFRXQWIRURYHU VWXGHQWVWKDWWUDYHOWRDQGIURPVFKRROHYHU\ZHHNGD\:KLOHVWXGHQWVDUHRQHRIWKHPRVWOLNHO\GHPRJUDSKLFVWRFKRRVHELNLQJRUZDONLQJWR get around, East Market Street and Hillside Boulevard lack bicycle and pedestrian infrastructure. Field observations revealed that students biking to VFKRROSUHIHUULGLQJRQWKHVLGHZDONDVRSSRVHGWR(DVW0DUNHW6WUHHW $VDUHVXOWRIWKHODFNRIFRPIRUWDEOHSHGHVWULDQDQGELF\FOHLQIUDVWUXFWXUHPDQ\ VWXGHQWVDQGSDUHQWVSUHIHUWRXVHSHUVRQDOYHKLFOHVWRJHWNLGVWRVFKRROZKLFKFRQWULEXWHVWRKLJKHUOHYHOVRIFRQJHVWLRQGXULQJSLFNXSDQGGURSRII SHULRGV&RQVLGHULQJWKHDUUD\RIQHDUE\VFKRROVWKDW(DVW0DUNHW6WUHHWDQG+LOOVLGH%RXOHYDUGSURYLGHFRQQHFWLYLW\WRWKHVDIHW\DQGHIƂFLHQF\RIWKH VXUURXQGLQJELF\FOHDQGSHGHVWULDQQHWZRUNLVH[WUHPHO\LPSRUWDQW 7KLV3URMHFWEXLOGVRQWKHSUHYLRXVZRUNWKDWHYDOXDWHGWKHIHDVLELOLW\RILPSOHPHQWLQJDURDGGLHWDQGSURYLGLQJ&ODVV,,EXIIHUELNHODQHVDORQJWKH FRUULGRUV%RWKFRUULGRUVKDYHDGHTXDWHURDGZD\FXUEWRFXUEZLGWKVIRUWKHQHZFRQƂJXUDWLRQVWKDWLQFRUSRUDWHHQKDQFHGSHGHVWULDQDQGELF\FOH IDFLOLWLHVZKLOHVWLOOPDLQWDLQLQJRQVWUHHWSDUNLQJ6LQFHWKHSURSRVHGLPSURYHPHQWVLQYROYHDGMXVWPHQWVWRKRZVWXGHQWVDQGUHVLGHQWVWUDYHORQWKH FRUULGRUJDWKHULQJFRPPXQLW\LQSXWZLOOEHDQLPSRUWDQWHOHPHQWRIWKLV3URMHFW8QGHUVWDQGLQJWKHFRPPXQLW\pVSHUVSHFWLYHDQGTXHVWLRQVDWWKH EHJLQQLQJRIWKH3URMHFWZLOODOORZIRUGHVLJQUHƂQHPHQWVWREHPDGHDSDUWRIWKHFRQFHSWXDOGHVLJQUHƂQHPHQWVWDJH'LUHFWFRRUGLQDWLRQZLWKWKH DGMDFHQWVFKRROVZLOODOVREHFULWLFDOLQXQGHUVWDQGLQJKRZWKHSURSRVHGGHVLJQZRUNVZLWKVFKRROSLFNXSDQGGURSRIIRSHUDWLRQV 2XUWHDP
VKLVWRU\RIFRPSOHWLQJWKHFRUULGRUVWXG\DQGFRQFHSWXDOGHVLJQIRUWKH(DVWPDUNHW6WUHHWDQG+LOOVLGH%RXOHYDUGFRUULGRUVSDLUHGZLWKRXU UHFHQWFRPSOHWHVWUHHWVSURMHFWH[SHULHQFHJLYHVXVDGHHSXQGHUVWDQGLQJRIFRQVWUDLQWVDQGRSSRUWXQLWLHVDORQJWKHVHFRUULGRUVIRUUHƂQHPHQWDQG LQFRUSRUDWLRQLQWRWKHƂQDOGHVLJQ%DVHGRQRXUSUHOLPLQDU\DVVHVVPHQWEHORZDUHDOLVWRIFRQVWUDLQHGORFDWLRQVDORQJZLWKSRWHQWLDORSSRUWXQLWLHVWKDW ZLOOQHHGFRRUGLQDWLRQDQGFRQVHQVXVEXLOGLQJZLWKWKHSXEOLFWREULQJYDOXHWRWKHSURMHFW:HKDYHGHVFULEHGWKHVHDUHDVEHORZ

EAST MARKET STREET AND HILLSIDE BOULEVARD INTERSECTION
Challenges:
ڪ0DLQWDLQGULYHZD\DFFHVVDQGFLUFXODWLRQSDWWHUQVIRUWKH(OHYHQ &RQYHQLHQFH6WRUHIURPERWK(DVW0DUNHW6WUHHWDQG+LOOVLGH%RXOHYDUGZKLOH DFFRPPRGDWLQJDGHGLFDWHGELF\FOHODQHDQGVLGHZDONWKDWUHGXFHVFRQƃLFW points and promotes safety for all users.
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Opportunities:
ڪ5HGXFHFRQƃLFW]RQHVDWGULYHZD\VDQGLQWHUVHFWLRQVE\LQFRUSRUDWLQJIHDWXUHV like clear sightlines, combination curb ramps that provide shared space for both pedestrians and cyclists, and enhanced visibility for safe transitions for all users.
ڪQFRUSRUDWLQJSUHYLRXVOHVVRQVOHDUQHGIURPRXUSULRUH[SHULHQFHRQWKH:DOQXW$YHQXH%LNHZD\3KDVH,PSURYHPHQW3URMHFW, including concerted focus on accessible features for visually impaired users that has led to prioritizing surface materials that are slip-resistant and distinct WRUHGXFLQJWULSSLQJKD]DUGVDQGSURYLGLQJDSSURSULDWHVHSDUDWLRQEHWZHHQELF\FOHDQGSHGHVWULDQSDWKV$GGLWLRQDOO\RSSRUWXQLWLHVIRUELNHVOLS UDPSVVSHFLƂFELNHZD\FXUYDWXUHWRVORZELNHVSHHGVPL[LQJ]RQHVKDUGVFDSHPDWHULDODQGFRVWHIIHFWLYHGUDLQDJHVROXWLRQVZLOOLQIRUPWKH overall intersection design.
ڪFKLHYHFRPSOLDQFHZLWKWKHODWHVW053&UHTXLUHPHQWVE\HYDOXDWLQJRSSRUWXQLWLHVWRUHGXFHGLVWXUEHGDQGQHZLPSHUYLRXVDUHDVE\LQFUHDVLQJ ODQGVFDSHGSHUYLRXV]RQHVZLWKLQWKHSURSRVHGFXUEH[WHQVLRQV:KHUHVWRUPZDWHUWUHDWPHQWLVUHTXLUHGWUHDWPHQWDUHDVZLOOEHORFDWHGZLWKLQ ODQGVFDSHEXIIHUVDQGDWORZSRLQWVZLWKLQLQWHUVHFWLRQVZKHUHVWRUPZDWHUQDWXUDOO\FROOHFWV7RFRQƂUPWKHIHDVLELOLW\RIWUHDWPHQWDUHDVH[LVWLQJ XWLOLW\FRQƃLFWVZLOOEHDVVHVVHGHDUO\LQWKHGHVLJQSURFHVVFRQFXUUHQWZLWKWKHUHƂQHGFRQFHSWSODQGHYHORSHGGXULQJWKHGHVLJQSKDVH +RUL]RQWDODQGYHUWLFDOXWLOLW\DOLJQPHQWVZLOOEHUHYLHZHGWRDYRLGLQWHUIHUHQFHZLWKXQGHUJURXQGXWLOLWLHVYDXOWVDQGFRQGXLWV ڪGHQWLI\SRWHQWLDOXWLOLW\FRQƃLFWVHDUO\LQWKHGHVLJQSURFHVVDQGDGMXVWWKHDOLJQPHQWRIVLGHZDONDQGUDLVHGELNHODQHVWRSURYLGHSURSHUFOHDU ZLGWKLVSURYLGHGDURXQGSK\VLFDOREVWUXFWLRQV2XUWHDPPDLQWDLQVRQJRLQJFRQWDFWVIRUHQJDJHPHQWZLWK3* ($7 7DQGYDULRXVRWKHUXWLOLW\ DJHQFLHV2XUWHDPZLOOFRQGXFWUHJXODUFRPPXQLFDWLRQVZLWKWKHXWLOLW\SURYLGHUVWRFRQƂUPWKDWXWLOLW\DGMXVWPHQWVLIUHTXLUHGDUHLGHQWLƂHGDQG DGGUHVVHGSULRUWRFRQVWUXFWLRQSDUWLFXODUO\ZLWKPRUHVLJQLƂFDQWLPSDFWHGIDFLOLWLHVVXFKDV3* (IDFLOLWLHVDQGODUJHYDXOWV

EXHIBIT A

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8 Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025

EAST MARKET STREET AND WYANDOTTE AVENUE
Challenges:
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Opportunities:
ڪRQVLGHUH[LVWLQJXWLOLWLHVZKHQGHWHUPLQLQJWKHQHZORFDWLRQIRUWKHUHORFDWHGVWRUPGUDLQLQOHWDQGSRWKROH WKHQHZORFDWLRQHDUO\LQWKHSUHOLPLQDU\GHVLJQWRUXOHRXWXWLOLW\FRQƃLFWVZLWKWKHSURSRVHGGHVLJQ ڪYDOXDWHRSSRUWXQLW\IRUDSHGHVWULDQUHIXJHLVODQGDQGHQKDQFHGZDUQLQJGHYLFHV HJ55)%V
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Market Street to improve safety, accessibility, and comfort for pedestrians.

EAST MARKET STREET AND FLORENCE STREET
Challenges:
ڪIWHUFURVVLQJ(DVWPDUNHW6WUHHWVWXGHQWVPXVWFURVVWKH0LGGOH6FKRROpVVRXWKHUQGULYHZD\ WRDFFHVVWKHVLGHZDONHQWHULQJWKH6FKRRO7KLVLVDFRQƃLFW]RQHEHWZHHQH[LWLQJYHKLFOHV and pedestrians.
ڪFXUEH[WHQVLRQDWWKHQRUWKZHVWFRUQHURIWKHLQWHUVHFWLRQZLOOUHTXLUHPRGLƂFDWLRQVWR H[LVWLQJGULYHZD\V
Opportunities:
ڪRQVLGHUVKLIWLQJWKHSURSRVHGFURVVZDONWRWKHHDVWHUQOHJRIWKHLQWHUVHFWLRQRUDGGLQJDQ DGGLWLRQDOFURVVZDONDORQJWKHHDVWHUQOHJWRUHGXFHWKHQXPEHURIVWXGHQWVFURVVLQJWKH 0LGGOH6FKRROpVGULYHZD\&RRUGLQDWLRQZLOOEHUHTXLUHGZLWKWKH0LGGOH6FKRROWRUHFRQƂJXUH WKHH[LVWLQJGULYHZD\ODQHDOLJQPHQWDQGVKLIWWKHH[LWODQHIXUWKHUHDVW ڪ[SORUHRSWLRQVWRVDIHO\LQFRUSRUDWHGULYHZD\VLQWRWKHFXUEH[WHQVLRQDQGHYDOXDWH RSSRUWXQLWLHVWRUHWDLQWKHH[LVWLQJEDFNRIZDONDWGULYHZD\VWRDYRLGLPSDFWVWRRU easements from private property.

EAST MARKET STREET AND PRICE STREET
Challenges:
ڪBicyclists riding east along East Market Street and then turning onto Price Street must cross WKHLQWHUVHFWLRQZKHUHSHGHVWULDQRUELF\FOLVWFURVVLQJVFXUUHQWO\H[LVW7KHRULJLQDOFRQFHSW SODQSURSRVHGDQDOOZD\VWRSFRQWUROOHGLQWHUVHFWLRQZLWKDWZRVWDJHWXUQSRFNHWDQGER[ IRUELF\FOLVWPRYHPHQWVRQWR3ULFH6WUHHW
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HQRXJKYLVLELOLW\IRUELF\FOLVWVDQGPD\EHPRUHGLIƂFXOWWRXVHIRU\RXQJHUULGHUVZKRDUH traveling to John F. Kennedy Elementary School.

Opportunities:
ڪConsider a dedicated, green-striped bicycle crossing across the eastern leg of the intersection to increase visibility of bicyclists crossing the intersection. Consider other ZDUQLQJGHYLFHVVXFKDV55)%VRUOLJKWLQJWRLQFUHDVHYLVLELOLW\RIELF\FOLVWVFURVVLQJWKH intersection.

EAST MARKET STREET AND ORANGE STREET
Challenge:
ڪ7KHH[LVWLQJVLGHZDONZLGWKDORQJWKHVRXWKVLGHRI(DVW0DUNHW6WUHHWGRHVQRWSURYLGHDWOHDVWIHHWRIFOHDUZLGWKDURXQGH[LVWLQJXWLOLWLHV Opportunities:
ڪDetermine if a curb extension can be constructed at the northeast corner of the intersection around the front of existing utilities to provide clear VSDFHDURXQGSK\VLFDOREVWUXFWLRQVRUUHYLHZULJKWRIZD\ERXQGDULHVWRGHWHUPLQHLIWKHH[LVWLQJVLGHZDONFDQEHZLGHQHGDURXQGWKHEDFNVLGH of the existing utilities.

EXHIBIT A

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9 Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025

PROJECT APPROACH
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.LPOH\+RUQLVDWWKHIRUHIURQWRILPSOHPHQWLQJLQQRYDWLYHFRPSOHWHVWUHHWVGHVLJQWKDWLQFOXGHFRUULGRUZLGHFRQVLGHUDWLRQVIRUSHGHVWULDQVELF\FOLVWVWUDQVLW riders, and motorists. We routinely use the latest Caltrans, AASHTO, FHWA and NACTO design standards and recommendations to provide implementable PXOWLPRGDOVROXWLRQV)DFLOLWLHVVXFKDVVLGHZDONVSHGHVWULDQFURVVLQJVDQGELF\FOHIDFLOLWLHVQHHGWREHSODQQHGDQGGHVLJQHGEDVHGRQWKHFRPPXQLW\ QHHGDQGH[SHULHQFHOHYHODQGWKH\DOVRQHHGWREHFRPELQHGZLWKLQIUDVWUXFWXUHVXFKDVHQKDQFHGLQWHUVHFWLRQVZLWKVDIHW\WUHDWPHQWVZD\ƂQGLQJDQG RWKHUIHDWXUHVWRJUHDWO\LPSURYHWKHXVHUVpH[SHULHQFHDQGXOWLPDWHO\HQFRXUDJHJUHDWHUXVH )RUWKLV3URMHFWZHZLOOORRNIRURSSRUWXQLWLHVWRHQKDQFHWKHSURSRVHGLPSURYHPHQWVVXFKDV 
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ڪSignage and striping enhancements for improved visibility and guidance ڪQWURGXFWLRQRIJUHHQLQIUDVWUXFWXUHDQGODQGVFDSLQJDWEXOERXWVWR further increase pedestrian comfort by creating buffer spaces to the URDGZD\
ڪAddress utility constraints that inhibit pedestrian accessability and restrict clear space
67$.(+2/'(5(1*$*(0(17$*(1&<&225',1$7,21$1'38%/,&2875($&+ Prior to beginning the conceptual engineering and design process for any project, consideration must be given to implementing the concept of Context- 6HQVLWLYH6ROXWLRQV&RQWH[W6HQVLWLYH6ROXWLRQVLVDGHVLJQDSSURDFKIRUURDGZD\SURMHFWVHPSKDVL]LQJFRPPXQLFDWLRQZLWKVWDNHKROGHUVWRGHVLJQD SURMHFWWKDWƂWVWKHQHHGVRIWKHFRPPXQLW\EH\RQGMXVWDSXUHO\JHRPHWULFGHVLJQ7KHURDGZD\LVQRWORRNHGDWLQDYDFXXP7KHKLVWRULFDODHVWKHWLF IXQFWLRQDOLW\DQGHQYLURQPHQWDOUHVRXUFHVLQYROYHGLQDORFDWLRQDUHH[SORUHGZLWKDVPDQ\VWDNHKROGHUVDVSRVVLEOH $VSDUWRIWKHGHVLJQSURFHVV.LPOH\+RUQXQGHUVWDQGVWKHLPSRUWDQFHRIVWDNHKROGHUHQJDJHPHQWDJHQF\FRRUGLQDWLRQDQGSXEOLFRXWUHDFKZLWKWKH YDULRXVJURXSVLQFOXGLQJ6DPWUDQVWKH%LF\FOHDQG3HGHVWULDQ&RPPLWWHH7KRPDV53ROOLFLWD0LGGOH6FKRRO6XVDQ%$QWKRQ\(OHPHQWDU\6FKRRO-RKQ F. Kennedy Elementary School, Star Academy Preschool, Milestone Academy Preschool, the various utility agencies, and other impacted residents and EXVLQHVVHV$VVXFKZHKDYHGHWDLOHGDQDSSURDFKDQGVWUDWHJ\EHORZIRUHDFKRIWKHFULWLFDOVWDNHKROGHUVDQGJURXSVUHOHYDQWWRWKLVSURMHFW Public Outreach & Engagement
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EXHIBIT A

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Proposal for Daly City Safe Routes to School Project
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EXHIBIT A

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SCOPE OF SERVICES
DATED 6/17/2025

Page 77 of 149 ends

Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 11
TASK 2 - DATA COLLECTION
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EXHIBIT A

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SCOPE OF SERVICES
DATED 6/17/2025

Page 78 of 149 ends

Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 12
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Page 79 of 149 ends

Proposal for Daly City Safe Routes to School Project
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Page 80 of 149 ends

14 Proposal for Daly City Safe Routes to School Project CIty of Daly CIty - RSCAOAK006682.2025
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Page 81 of 149 ends

15 Proposal for Daly City Safe Routes to School Project CIty of Daly CIty - RSCAOAK006682.2025
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SUPERCEDED BY REVISED

SCOPE OF SERVICES
DATED 6/17/2025

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16 Proposal for Daly City Safe Routes to School (SRTS)
16 Task
2025 2026
Q2 Q3 Q4 Q1 Q2 Q3 Q4
Anticipated Notice to Proceed (NTP)
Task 1: Project Management/Administration Project Kickoff Meeting Task 2:

Data Collection
Utility Coordination
Data Collection and Site Visit
Topographic Survey
Potholing (Optional)
Task 3:

Public Outreach
Stakeholder Coordination Meetings
Prepare Public Outreach Meeting Materials
Public Outreach Meeting #1 and #2
Task 4 -7:
50%, 75%, 95% & Final PS&E
50% Design Package
City Review of 50% Design
Design Review Meeting
75% Design Package
City Review of 75% PS&E
Design Review Meeting
95% Design Package
City Review of 95% PS&E
Design Review Meeting
Draft Final (100% PS&E) Design Package
City Review of Draft Final (100% PS&E)
Prepare Final PS&E for Advertise
Task 8:

Construction Support Services
Advertise (8 week advertise) and Bidding Support
Award and NTP
Construction
LEGEND: SUBMITTAL | Meeting
)LJXUH3URMHFW6FKHGXOH

PROJECT SCHEDULE
.LPOH\+RUQKDVDSURYHQUHFRUGRISHUIRUPLQJRQWLPHDQGZLWKLQEXGJHW7KHNH\WRRXUVXFFHVVLVPDQDJLQJWKHULJKWUHVRXUFHVDWWKHULJKWWLPH)UHTXHQWFRPPXQLFDWLRQDQGFOHDUGHƂQLWLRQRIWKHUHVSRQVLELOLWLHVRIWHDPPHPEHUVDUHFULWLFDOHOHPHQWVLQ PDLQWDLQLQJVFKHGXOHV:LWKWKDWLQPLQGRXUSURMHFWVSHFLƂFZRUNSODQLGHQWLƂ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ƂUPZLGH8VLQJWKLVLQWHQVLYHSURFHVVZHFDQLGHQWLI\RYHUORDGVDQGVKRUWIDOOVPDQ\PRQWKVLQDGYDQFHDQGGHYHORSVWUDWHJLHVWRRYHUFRPHWKHP%\KDYLQJDFOHDUSLFWXUHRIVWDIIZRUNORDGDWDOOWLPHV.LPOH\+RUQZLOOEHRSWLPDOO\SRVLWLRQHGWRPHHWWKH&LW\pV expectations on this project.

EXHIBIT A

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Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 17

PROPOSED CONTRACT EXCEPTIONS
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of, pertain to, or relate to, GLUHFWO\RULQGLUHFWO\LQZKROHRULQSDUWWKHQHJOLJHQFHUHFNOHVVQHVVRUZLOOIXOPLVFRQGXFWRI&RQVXOWDQWDQ\6XEFRQVXOWDQW DQ\RQHGLUHFWO\RULQGLUHFWO\HPSOR\HGE\WKHPRUDQ\RQHWKDWWKH\FRQWURO FROOHFWLYHO\q/LDELOLWLHVr
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EXHIBIT A

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Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 18
/RFDO$VVLVWDQFH3URFHGXUHV0DQXDO (;+%,74
'LVFORVXUHRI/REE\LQJ$FWLYLWLHV
(;+,%,74 ',6&/2685(2)/2%%<,1*$&7,9,7,(6
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________

4. Name and Address of Re porting Entity 5. If Re porting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known

6. Federal De partment/Agency: 7. Federal Pro gram Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

12. Amount of Pa yment (check all that apply)1 4 . T ype of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)

16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
1RQH1RW$SSOLFDEOHWR
.LPOH\+RUQ
John Pulliam, PE
Authorized Signer/Associate
650.239.0071 3/7/25

EXHIBIT A

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Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 19
/RFDO$VVLVWDQFH3URFHGXUHV0DQXDO (;+%,74
'LVFORVXUHRI/REE\LQJ$FWLYLWLHV
(;+,%,74 ',6&/2685(2)/2%%<,1*$&7,9,7,(6
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352

1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract a. bid/offer/application a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award
d. loan For Material Change Only:
e. loan guarantee year ____ quarter _________
f. loan insurance date of last report __________

4. Name and Address of Re porting Entity 5. If Re porting Entity in No. 4 is Subawardee, Enter Name and Address of Prime:

Prime Subawardee
Tier _______ , if known
Congressional District, if known Congressional District, if known

6. Federal De partment/Agency: 7. Federal Pro gram Name/Description:

CFDA Number, if applicable ____________________

8. Federal Action Number, if known: 9. Award Amount, if known:

10. Name and Address of Lobby Entity 11. Individuals Performing Services (If individual, last name, first name, MI) (including address if different from No. 10) (last name, first name, MI)
(attach Continuation Sheet(s) if necessary)

12. Amount of Pa yment (check all that apply) 14. T ype of Payment (check all that apply) $ _____________ actual planned a. retainer
b. one-time fee

13. Form of Payment (check all that apply): c. commission a. cash d. contingent fee
b. in-kind; specify: nature _______________ e deferred
Value _____________ f. other, specify _________________________

15. Brief Description of Services Performed or to be performed and Date(s) of Service, including officer(s), employee(s), or member(s) contacted, for Payment Indicated in Item 12:
(attach Continuation Sheet(s) if necessary)

16. Continuation Sheet(s) attached: Yes No

17. Information requested through this form is authorized by Title 31 U.S.C. Section 1352. This disclosure of lobbying reliance was placed by the tier above when his transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Congress
semiannually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Signature: ________________________________________
Print Name: _______________________________________
Title: ____________________________________________
Telephone No.: ____________________ Date:___________
Authorized for Local Reproduction
Federal Use Only: Standard Form - LLL
Standard Form LLL Rev. 04-28-06
Distribution: Orig- Local Agency Project Files

NOT APPLICABLE
Christine M. Leptien-Parks
Principal
925-228-4218 ext. 113 3/04/2025
____________________________________________________________________ ____________________________________________ _
_______ ____________________

EXHIBIT A

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Proposal for Daly City Safe Routes to School Project

RESUMES

EXHIBIT A

Page 87 of 149 ends

Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 R-4

CONNER L'HOMMEDIEU, PE, TE

ENGINEERING AND DESIGN LEAD/STAKEHOLDER AND UTILITY COORDINATION

EDUCATION
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California State
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University, Pomona

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PROJECT EXPERIENCE
ڪCity of Sunnyvale, Sunnyvale Neighbors of Arbor including La Linda (SNAIL) Neighborhood Active 7UDQVSRUWDWLRQ,PSURYHPHQWV3URMHFW6XQQ\YDOH&$u'HVLJQ/HDG ڪODPHGD&7&6DQ3DEOR$YHQXH0XOWLPRGDO&RUULGRU6WXG\$ODPHGD&RXQW\&$u3URMHFW(QJLQHHU ڪLW\RI0HQOR3DUN:LOORZ5RDG6HSDUDWHG%LNHZD\DQG3HGHVWULDQ,PSURYHPHQWV&RPSOHWH6WUHHWV 3URMHFW0HQOR3DUN&$u'HSXW\3URMHFW0DQDJHU
ڪRXQW\RI6DQ0DWHR6DQWD&UX]$YHQXH&RPSOHWH6WUHHWV,PSURYHPHQWV0HQOR3DUN&$u3URMHFW(QJLQHHU ڪLW\RI2DNODQG/DNHVKRUH$YHQXH&\FOH7UDFN3URMHFW2DNODQG&$u3URMHFW(QJLQHHU ڪLW\RI8QLRQ&LW\8QLRQ&LW\%RXOHYDUG%LNH/DQHV8QLRQ&LW\&$u3URMHFW(QJLQHHU ڪLW\RI2DNODQG(DVWWK6WUHHW%LNHZD\V2DNODQG&$u3URMHFW(QJLQHHU ڪRXQW\RI6DQ0DWHR1RUWK)DLU2DNV%LF\FOHDQG3HGHVWULDQ5DLOURDG&URVVLQJDQG&RPPXQLW\ &RQQHFWLRQV6WXG\1RUWK)DLU2DNV&$u3URMHFW(QJLQHHU ڪNapa County, Napa Valley Vine Trail: Yountville to St. Helena Segment, Napa County, CA — Caltrans Deputy Design Lead
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&DWDO\VW3URMHFW'DQYLOOH&$u3URMHFW(QJLQHHU
ڪCounty of Sonoma, Adobe Road and Main Street Intersection Improvements Design & Environmental, 6DQWD5RVD&$u3URMHFW(QJLQHHU
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EXHIBIT A

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Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 R-5

MONICA TANNER, PE

ROADWAY, COMPLETE STREETS, AND MULTIMODAL DESIGN/PUBLIC OUTREACH

EDUCATION
ڪBS, Civil Engineering,
California Polytechnic
State University, San
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Transportation,
California State
University, San Jose

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0RQLFDLVDSURDFWLYHWUDQVSRUWDWLRQHQJLQHHUZLWKRYHU\HDUVRIH[SHULHQFHLQPXOWLPRGDOWUDQVSRUWDWLRQSODQQLQJ conceptual design, and community engagement. Her experience spans multiple project phases, from evaluating H[LVWLQJFRQGLWLRQVDQGSHUIRUPLQJ6\QFKURDQG*,6DQDO\VHVWRSODQQLQJWUDQVSRUWDWLRQDQGDFFHVVLPSURYHPHQWVIRU SHGHVWULDQVELF\FOLVWYHKLFOHVDQGWUDQVLWXVHUVDVZHOODVSUHSDULQJFRQFHSWVDQGSUHOLPLQDU\GHVLJQVRIURDGZD\V ELNHZD\VDQGWUDQVLWFHQWHUV6KHKDVZRUNHGRQDYDULHW\RIFRPSOHWHVWUHHWDQGDFWLYHWUDQVSRUWDWLRQSURMHFWVLQ6DQ 0DWHR&RXQW\DQGWKURXJKRXWWKH%D\$UHD6KHLVSDVVLRQDWHDERXWƂQGLQJDQGLPSOHPHQWLQJVDIHDQGUHOLDEOHPRELOLW\ VROXWLRQVWKDWDUHWDLORUHGWRDFRPPXQLW\pVVSHFLƂFQHHG0RQLFDLVDOVRFXUUHQWO\HQUROOHGLQWKHSDUWWLPH0DVWHUVRI 7UDQVSRUWDWLRQ0DQDJHPHQWSURJUDPDW6DQ-RVÆ6WDWH8QLYHUVLW\pV0LQHWD7UDQVSRUWDWLRQ,QVWLWXWH

PROJECT EXPERIENCE
ڪLW\RI'DO\&LW\&LW\6DQ3HGUR5RDG(0DUNHW6WUHHWDQG+LOOVLGH%RXOHYDUG&RUULGRUV6WXG\'DO\&LW\ &$u3URMHFW0DQDJHU
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97$
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EXHIBIT A

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Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 R-6

AKASH PATEL, PE

ROADWAY, COMPLETE STREETS, AND MULTIMODAL DESIGN

EDUCATION
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California State
University, San Jose

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PROJECT EXPERIENCE
ڪLW\RI'DO\&LW\&LW\6DQ3HGUR5RDG(0DUNHW6WUHHWDQG+LOOVLGH%RXOHYDUG&RUULGRUV6WXG\'DO\&LW\ CA — Conceptual Design and Cost Estimating
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EXHIBIT A

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Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 R-7

SHAWN RAINEY, PE

SIGNAL, LIGHTING, AND ELECTRICAL DESIGN

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EXHIBIT A

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Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 R-8
7</(5:+$/(< 3(46'3

STORMWATER AND GREEN INFRASTRUCTURE

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EXHIBIT A

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Proposal for Daly City Safe Routes to School Project
CIty of Daly CIty - RSCAOAK006682.2025 R-9
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EXHIBIT A

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EXHIBIT A
Revised 6/17/2025

Scope of Services
Task 1 – Project Management
Kimley-Horn assumes that management activities will last through the completion of preparing the contract documents (Tasks 2-7), with an assumed duration of 11 months. The management activities are as outlined in the following sub-task descriptions:

Task 1.1: Project Administration
Kimley-Horn will supervise, coordinate, and monitor project design activities. We will work with the City at the start of the project to establish the standards and policies which will guide the project development. We will develop and maintain a critical path method (CPM) project schedule, updating the schedule monthly and as requested by the City.

The project schedule shall include each task, subtasks, milestones, submittals and meetings. Kimley-Horn will prepare monthly invoices that identify staff, hours, and project progress. Additionally, Kimley-Horn will prepare monthly progress reports to include updates on work status, deliverables, and budget.

Task 1.1 Deliverables:
• CPM project schedule with monthly updates
• Monthly invoices and progress reports
Task 1.2: Coordination with Project Team
Kimley-Horn will coordinate with the overall project team, which will include the City, SamTrans, regulatory agencies, utility owners, and subconsultants, so that information is disseminated and project coordination between all parties is seamless. Coordination meetings will be held, as necessary, for comments that need clarification or if further information is required. Upon receipt of a written “Authorization to Proceed” from the City, Kimley-Horn will hold an initial kick-off meeting with the City (in person or virtually) and stakeholders to discuss the proposed project approach, potential design challenges, schedule, deadlines, confirm deliverables, request available as-builts, and request PS&E templates, guidelines, standards, and requirements.

Kimley-Horn will attend virtual, 30-minute bi-monthly progress meetings (up to 22) with City staff to discuss project status and other critical issues throughout the project development. On an as-needed basis and beyond what is identified later in the scope, Kimley-Horn staff will also attend up to three (3) additional virtual meetings with City staff to review design submittals.

Task 1.2 Deliverables:
• Electronic copy of meeting minutes (kick-off, up to 22 progress meetings, and 3 design review meetings) Task 2 – Data Collection
Task 2.1: Gather Existing Information and Site Visit
Kimley-Horn will review the existing data previously acquired for the Project and will request additional information from the City. Our scope assumes that the City will provide as-built information, signal timing data, storm drain inventory, GIS and right-of-way information, street light information, and other materials that the City have in their possession. We will compile copies of these drawings, digital (when applicable) and hard copies for the older mapping and create a list of the archive information obtained. This information will be incorporated into the base map prepared in Task 2.2.

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EXHIBIT A
Revised 6/17/2025

Kimley-Horn will conduct a site visit within the mapping limits. The team will review existing conditions, making note of items and take photographs. We will verify visible surface utilities and signal equipment. We will coordinate with the City to gain access to signal cabinets and review controllers and other existing equipment.

Task 2.2: Topographic Mapping and Base Map Creation
Topographic survey and mapping will be performed by our subconsultant, LCC Engineering & Surveying, Inc. (LCC). LCC will conduct a topographic survey for the project area, and the survey will capture surface features, including but not limited to the:
• Curb (face, back, beginning and end of curves,
points of compound curvature, etc.)
• Sidewalk and curb ramps
• Gutter lip and flow line
• Top of pavement
• Above-ground utilities (boxes, valves, irrigation
facilities, street lights, manholes, etc.)
• Grade breaks
• Pavement striping
• Signs and structures
• Driveways
• Vegetation and trees (including tree diameter)
• Fences (height and type)
• Invert elevations of all accessible storm drain
manholes, sanitary sewer manholes, and curb
inlets within survey limits
• Valley Gutter including flow line
Survey limits will begin 25-feet beyond begin curb (BC) and end curb (EC) of curb return at intersections. The survey will be taken in minimum 15-foot increments along the curb at intersections. Survey information will include elevations for the following:
• 5-feet and 10 feet from the back of sidewalk
(where possible)
• Back of sidewalk
• Intermediate sidewalk grade breaks
• Top and bottom of curb ramps
• Top of curb
• Gutter flow line
• Lip of gutter
• Roadway pavement shots at 5-foot and 10-foot
spacing from increments from face of curb
• BC and EC of curb return
The survey work will include opening and “dipping” sewer and storm drain structures in order to obtain invert elevations, and approximate pipe sizes and general directions will be noted.

LCC’s selected professional Traffic Control Firm (TCF) will provide traffic controls for manhole locations which are to be “dipped”. For each of the manholes located within the limits of work, traffic controls will be provided by the TCF, while LCC’s survey crew takes measurements at the manholes. Controls will include the following:
• Encroachment permit application will be
prepared and submitted to the City (assume no-
fee permit)
• Lane closures
• Signage
• Flagman
• Truck with traffic diversion lighting
Traffic controls for manhole “dipping” are expected to take a minimum of two consecutive days, barring rain delays, to complete.

The survey will be based on control data and monument information provided by City. If no control is provided, LCC will use NAVD88 vertical datum and NAD California Coordinate System 83, Zone 3, based upon published County and NGS Benchmarks.

Mapping will include 1-foot contours and spot elevations (1/10 foot), and mapping will be 20-scale, unless otherwise requested. The drawings will be in AutoCAD Civil 3D compatible format, with contours and points at 3-D locations (elevations assigned to contour and point features). The survey map will include a standard statement listing the horizontal and vertical control datum, including any temporary (local) control points if applicable.

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EXHIBIT A
Revised 6/17/2025

The Kimley-Horn team will deliver digital PDF and AutoCad files of the map, signed and stamped upon completion of work.

Up to one (1) additional day of field work with one day of corresponding office work will be an optional task to be used later if additional survey information is required to complete the design.

Task 2.2 Deliverables:
• Topographic survey and project base map (CADD and PDF formats)

Task 2.3: Utility Evaluation and Coordination
Kimley-Horn will prepare and send all letters to request utility record base map information. Kimley-Horn will notify the various utilities and request that if they plan to install new facilities within the project area, that they coordinate with the project team as soon as possible. Kimley-Horn assumes that the City will provide an initial list of utility contacts, based on current contacts from nearby and current projects, to begin utility coordination efforts. Kimley-Horn will review record plans received from utilities and analyze utility data captured during topographic surveys to identify potential conflicts with the proposed improvements. We will identify utilities that require adjustment due to the project, and we will determine those utilities that may require relocation. We will summarize and provide this information to the City and relevant utility agencies.

Utility adjustments will be shown on the plans, to be performed either by the Contractor or by the utility owner. Our scope of services assumes that any relocations or major adjustments necessary will be designed and constructed by the utility owner and are not included in the project plans. Kimley-Horn will prepare and send Utility A and B letters, on a City-provided letterhead, to utility owners, including project updates/status letters and letters to notify them of any needs for adjustments or relocations.

This task includes up to three (3) meetings, if necessary, with the City and impacted utilities in a technical/design lead role. Our role will be focused on working to determine the preferred strategy for dealing with utility conflicts, including adjustments, relocations, and protection in place. It is assumed that these meetings be conducted in the field with a utility representative so that our team can work collaboratively with the utility to assess the conflict and identify mitigation or relocation measures. We will attempt to design around conflicts when practical.

This task includes an allowance of $14,000 for potholing to investigate locations of existing utilities to inform the design for new traffic signal foundations, storm inlets, and stormwater treatment areas.

Task 2.3 Deliverables:
• Utility A and B letters
• Utility response tracking matrix
• Meeting agenda and minutes for up to three (3) utility coordination meetings • Potholing

Task 3 – Project Outreach
Our team will develop project engagement material and support City staff to facilitate the various public engagement events. Public outreach will precede the Task 4 efforts so that feedback gathered during the engagement process is able to be incorporated into the refined concept designs. The project team will engage the community through an online survey, as well as hold meetings with key stakeholders.

Task 3.1 Community Engagement Materials

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EXHIBIT A
Revised 6/17/2025

This is anticipated to include online materials, print flyers and mailers to addresses within 500’ of the Project corridor, and a SurveyMonkey (or similar) online survey.

Task 3.2 Stakeholder Meetings
Our team will supplement outreach activities with meeting with key stakeholder organizations, including the public and/or special interest groups (e.g. Bicycle & Pedestrian Advisory Committee). Up to two (2) virtual stakeholder meetings are assumed in the scope. We will prepare meeting agendas and minutes for each meeting.

Additional outreach services that may be beneficial but are not included in this scope include development of an Outreach Plan, hosting pop-ups on the corridor to bring awareness of the project, and additional stakeholder meetings.

If desired by the City, scope and fee for these services can be provided upon request.

Task 3 Deliverables:
• Outreach notification materials (may include postcard, flyer, placards, stickers, social media content) for one round of outreach
• Online Survey
• Materials, agenda, summaries, and participation in up to two (2) stakeholder meetings Task 4 – Refined Conceptual Design (50% Design)
Using the survey base map from Task 2.2 and the conceptual design prepared by our team during the Corridor Study in August 2024, Kimley-Horn will prepare the 50% conceptual design plans for the Project. The 50% design plans will show the proposed locations of improvements such as the elevated bikeway around the bulb outs at East Market Street and Hillside Boulevard, curb, driveway, and sidewalk improvements, traffic signal modifications, drainage infrastructure (including stormwater treatment facilities), street beautification and landscaping, signing and striping, and limits of proposed roadway conform work. Existing right-of-way will be shown in relation to the proposed work. A title sheet will be prepared showing the proposed list of future plans to be developed. The intent of the conceptual design will be to refine the overall proposed scope of improvements which will serve as the basis for final design work, and to identify any challenges with the proposed design, including drainage issues associated with widening the sidewalk into the roadway. We will work with the City to understand other ongoing or planned projects adjacent to or overlapping with the project limits.

A title sheet will be prepared showing the proposed list of future plan sheets to be developed (see Task 5 for overall sheet list). It is anticipated that the 50% plan set will include the following:
• Title Sheet with vicinity/key maps, general notes, legend, and abbreviations • Typical Sections
• Layout Plans, showing the locations of improvements and proposed stormwater treatment facilities • Signing and Striping Plans
Vertical information displayed will be limited to convey design intent and detailed elevations; however, only limited vertical design will be completed as needed to evaluate feasibility of proposed improvements. Plans will be developed based on the City’s Standard Plans, Caltrans 2024 Standard Plans, the latest CA MUTCD, and the California HDM. Plans will be prepared using computer aided design software (AutoCAD) on 11” x 17” plans (conceptual) or 22” x 34” plans (final), as requested by the City. Kimley-Horn will hold one (1) virtual meeting (meeting effort included in task 1) with City staff and stakeholders to go over the proposed design and discuss review comments, if necessary.

Task 4 Deliverables:

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• 50% Project Plans (11” x 17”) in PDF format

Task 5 – Preliminary Design (75% Plans and Engineer’s Estimate) Based on one (1) set of non-conflicting comments from the City on the 50% plans, Kimley-Horn will prepare the 75% preliminary design plans and estimate. After receipt of comments at the 50% phase, Kimley-Horn will prepare a comment-response PDF detailing a response on how each comment was addressed, which will include responses directly on the City-commented plan sheets. This comment-response PDF will be completed and submitted with the 75% deliverable.

Kimley-Horn assumes the following plan sheets will be developed as part of the 75% plan set:

Plan Sheets Anticipated Sheet Count
Cover Sheet 1
General Notes, Legend, Abbreviations 1
Project Control and Key Map 2
Typical Sections 2
Demolition Plans (1:20 scale) 3
Layout Plan – E. Market St and Hillside Blvd Intersection (1:10 scale) 2 Construction Details – Curb Ramp grading (1:5 scale) 4
Construction Details – Civil Construction Details 2
Drainage Plans (1:20 scale) 3
Drainage Details 3
Stormwater Treatment Plans and Details 2
Landscaping Plan 1
Signing and Striping Plans (1:20 scale) 5
Electrical Plans 3
TOTAL SHEETS 34
The plan sheets and number of sheets noted above are assumed to be the total number of sheets necessary for the Final Project Plans. Roadway improvements, drainage, signing and striping, and electrical plans at the 75% design phase will be developed to communicate design features and intent necessary to advance design from a 50% design to a 75% design level.

Roadway improvement plans will begin to show vertical design and detailing necessary to review proposed elevations and grades as well as the relationship to existing grades, elevations, and conflicts.

For the MRP 3.0 compliance evaluation, a Stormwater Treatment C3 Compliance Memorandum will be prepared at this stage that describes the existing conditions and proposed improvements along the corridor within the project limits, the MRP C.3 requirements, and the specific MRP impacts to the project. Based on our preliminary evaluation, it is anticipated that stormwater treatment will be required at the East Market Street and Hillside Boulevard intersection.

The Memo will identify the locations and sizing of Green Infrastructure (GI) treatment measures proposed. The

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assessment will also address the peak flow runoff hydrology and hydraulic conveyance for the project area. This report is limited to the project area and regional modeling beyond the project limits is excluded. The task includes one site visit to visually observe site drainage conditions. Drainage areas will be based upon project survey area and readily available topographic data. Offsite tributary area which conveys flow into the project area will be approximate for the purpose of this analysis and noted if further survey and investigations are required.

The project team will submit the C3 Compliance Memo to the City for review and comment with the 75% Design. It is understood that the final report will be developed at or after the 95% design once the proposed improvements and extents have been confirmed.

It is assumed that proposed landscaping and plantings will not include irrigation so irrigation plans are not included the scope. Landscaping plans are proposed for proposed plantings or rock features within the locations of green infrastructure or around the bulb outs. At the 75% design phase, landscape plans will depict locations and species of plants. At the 95% design phase, landscape plans will advance design to show areas of planting, limits of planting, plant types, quantities, size, details, and notes. Proposed plantings will comply with the State’s Water Efficiency Ordinance.

Based on the conceptual design and estimate, it is assumed that street lighting upgrades are not included in the project improvements. If the City desires new or upgraded lighting, Kimley-Horn can provide this as an additional service. This would include preparing a photometric evaluation using Agi32 Lighting Analysis Software to determine the required intersection safety lighting. Illuminance criteria would be established based on City standards and/or ANSI/IESNA RP-8 guidelines based on appropriate roadway classification and pedestrian activity levels. Analysis results would be presented in a lighting exhibit with proposed light locations and illumination (in footcandles) at the intersections, including along marked crosswalks.

The 75% Plans (11” x 17”) and Engineer’s Estimate will be prepared and submitted to the City in electronic format. After receipt of City comments on the 75% design, Kimley-Horn will attend one meeting (meeting effort included in Task 1) with the City and stakeholders to discuss the plans and improvements and resolve comments.

Task 5 Deliverables:
• 75% Project Plans (11” x 17”) in PDF format
• 75% Engineer’s Estimate in PDF format
• Response to 50% Comments
• Stormwater Treatment C3 Compliance Memo in PDF format Task 6 – Detailed Design (95% PS&E)
Upon review of the 75% preliminary design and based on one (1) set of non-conflicting comments from the City on the 75% plans and estimate, Kimley-Horn will prepare the 95% PS&E detailed design. After receipt of comments from the 75% phase, Kimley-Horn will prepare a comment-response PDF detailing a response on how each comment was addressed, which will include responses directly on the City-commented plan sheets. This comment-response PDF will be completed and submitted with the 95% deliverable.

Technical specifications will be developed at the 95% level. We assume that the City will provide an editable version of a technical specification template or sample document from another recent, similar project. We also assume the City will be responsible for preparing the front-end boilerplate specification, including incorporating project specific information (project name, notice to contractors, estimate, etc.). Technical specifications will be developed using Caltrans special provisions and the City-provided technical specifications template. All proposed changes to the technical specifications will be tracked at the 95% level in Word format for future reference. The technical specifications will reflect the bid items shown in the 95% Engineer’s Estimate.

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Our scope assumes that traffic handling, stage construction, and pedestrian detours will be developed by the Contractor, and that no plan sheets related to these items are to be prepared. Project specifications will include language requiring the Contractor to develop any plans related to traffic handling, pedestrian detour, and stage construction are to be approved by the City prior to the start of construction.

After receipt of City comments on the 95% design, Kimley-Horn will attend one meeting with the City and stakeholders to discuss the plans and improvements and resolve comments (meeting effort included in Task 1).

Task 6 Deliverables:
• 95% Project Plans (11” x 17”) in PDF format
• 95% Project Specifications in Word format (track-changes) • 95% Engineer’s Estimate in PDF format
• Response to 75% Comments in PDF format

Task 7 – Draft and Final PS&E (100% PS&E)
Task 7.1: Draft Final PS&E
Upon review of the 95% preliminary design and based on one (1) set of non-conflicting comments from the City on the 95% PS&E, Kimley-Horn will prepare the Draft Final 100% PS&E. After receipt of comments from the 95% phase, Kimley- Horn will prepare a comment-response PDF detailing a response on how each comment was addressed, which will include responses directly on the City-commented plan sheets. This comment-response PDF will be completed and submitted with the Draft Final deliverable.

The technical specifications will be updated based on City comments and will reflect the bid items shown in the Draft Final Engineer’s Estimate. All changes to the technical specifications shall continue to be tracked in the electronic file in Word format for future reference. An electronic copy of the Draft Final PS&E package will be submitted to the City for a final screen check and as-needed comments.

Task 7.1 Deliverables:
• Draft Final 100% Project Plans (11” x 17”) in PDF format • Draft Final 100% Project Specifications in Word format (track-changes) • Draft Final 100% Engineer’s Estimate in PDF format
• Response to 95% Comments in PDF format

Task 7.2: Final Bid PS&E
Upon review of the Draft 100% PS&E and based on one (1) set of non-conflicting comments from the City, Kimley-Horn will prepare the final design bid documents. The final design plans will be plotted full size (22” x 34”) on paper. It is assumed City will be responsible for compiling the complete bid book to merge the technical specifications with the City’s standard boilerplate. Kimley-Horn will provide an updated bid list reflecting the bid items shown in the Final Engineer’s Estimate. All changes to the technical specifications shall continue to be tracked in the electronic file in Word format for future reference. Final Bid-Ready Plans and Specifications will be signed and sealed by a California Registered Professional Engineer or Landscape Architect.

After receipt of comments at the Draft 100% phase, Kimley-Horn will prepare a comment-response PDF detailing a response on how each comment was addressed, which will include responses directly on the City-commented plan sheets. This comment-response PDF will be completed and submitted with the Final Design bid documents deliverable.

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