Pacifica City Council
March 28, 2022

PURCHASE AGREEMENT
CITY OF PACIFICA – WASTEWATER DIVISION
PURCHASE ORDER NO. XXXXX
Seller (Vendor): Buyer:

Name Peterson Power Systems INC. Name: City of Pacifica Address 2828 Teagarden Street Address: 540 Crespi Drive City, State Zip: San Leandro, CA 94578 City, State, ZIP: Pacifica, CA 94044 Attn: Martin Hopkins Sam Bautista
Phone: 800-963-6446 Fax: Phone: (650) 738-3771
E-mail: [email protected] Fed. Tax I.D.: E-mail: [email protected] Project Information (If Applicable): Ship To:

Charge to Anza Pump Station
Acct#: 34.940000.52800.C036
Anza Pump Station
4800 Coast Highway
Pacifica, CA 94044
Order Date Ship Via Payment Terms
Freight
20% down payment on order acceptance
30% release for production
40% upon equipment ready to ship
10% upon start up, no later than 30 days
after receipt onsite
Buyer and Seller agree as follows:

MATERIAL AND/OR EQUIPMENT TO BE PROVIDED: Vendor shall furnish the materials or equipment described below in compliance with the Quotation dated March 3, 2022 from Peterson Power Systems INC., (Attachment 1) at the price or prices set forth opposite each item and within the times stated below in accordance with the terms and provisions of this Purchase Agreement, including the attached Equipment Performance and Payment Bonds, which are incorporated into and made a part of this Agreement (Appendix A):

Item
No.

Item Description Budget
Acct No.

Quantity Unit Price Extension Delivery
Date
1 One (1) CAT G3306 Natural
Gas Engine Package

34.940000.52800.C036 1 $288,410 $288,410.00
2 Air Permitting Support 34.940000.52800.C036 1 $6,000.00 $6,000.00 3 One (1) Drive Shafts & Fittings
& Cage

34.940000.52800.C036 1 $5,000.00 $5,000.00
TOTAL $299,410.00
Sales Tax (9.25%): $26,677.93
Shipping: (included in above cost)
P.O. Total: $ 326,087.93

ATTACHMENT C

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Packet Pg. 503 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036))

PURCHASE AGREEMENT
Project Title: Peterson Power Systems INC. - PURCHASE ORDER NO. XXXXX

Special Terms and Conditions
Shipping: Show Purchase Order number on all packages and invoices.

All purchases are F.O.B Pacifica unless otherwise specified on Purchase Order.

Charges: All transportation charges must be prepaid and shown separately on all invoices.

City of Pacifica is exempt from Federal Excise Tax.

 Purchase up to $10,000 (must be approved
by Department Head or authorized signator)
Approved: _______________________
Name: Lisa Petersen
Title: Director of Public Works
 Purchase between $10,000.01 and $25,000
(must be approved by the Assistant City
Manager)
Approved: _______________________
Name: Tina Wehrmeister
Title: Asst. City Manager

 Purchase between $25,000.01 and $50,000
(must be approved by the City Manager)
Approved: _______________________
Name: KEVIN WOODHOUSE
City Manager
 Purchase above $50,000
(must be approved by the City Council)
Date City Council Approved: _______________
Buyer: CITY OF PACIFICA
Authorized Signature: _______________________
Name: KEVIN WOODHOUSE
Title: City Manager
Vendor: PETERSON POWER SYSTEMS INC.

Authorized Signature: _______________________
Name:

Title:

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Packet Pg. 504 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036))

PURCHASE AGREEMENT
Project Title: Peterson Power Systems INC. - PURCHASE ORDER NO. XXXXX

If Seller is located in the City of Pacifica, does Seller have a current business license? Yes  No 

PURCHASE ORDER TERMS AND CONDITIONS
DEFINITIONS: The term "Buyer" as used in this Purchase Order means the City of Pacifica, and the term "Seller" means the person, firm, or corporation from whom the material or equipment described in the purchase order is ordered.

ACCEPTANCE: The attached Acceptance Copy shall be signed and returned by the Seller within ten (10) calendar days after it is received by the Seller. The receipt by the Buyer of the signed Acceptance Copy or the initiation of performance under this Purchase Order by the Seller shall constitute acceptance of the Purchase Order by the Seller, including all of the terms and conditions herein. Acceptance is limited to the terms stated herein. Any additional or different terms and conditions proposed by the Seller are rejected unless expressly agreed to in writing by City Purchasing Agent or authorized agent.

COMPLETE AGREEMENT: This Purchase Order, including all applicable terms, conditions and specifications, shall constitute the sole and exclusive agreement between the parties. This Purchase Order supersedes all other writings and negotiations, written or oral. The City of Pacifica will not be responsible for goods delivered without a Purchase Order properly signed by the City Purchasing Agent or authorized agent. When this Purchase Order covers a purchase rendered over a stated period of time, Seller must obtain a new order upon expiration of the time period to authorize the purchase for an additional period of time.

DEFAULT: The Buyer may terminate the whole or any part of the purchase in any one of the following circumstances: (1) If the Seller fails to make delivery or fails to perform within the time specified herein or any extension thereof; or (2) If Seller delivers nonconforming goods; or (3) If Seller fails to perform in accordance with the material provisions of this agreement, or so fails to make progress as to endanger performance of this Purchase Order in accordance with its terms. In the event of any such failure Buyer will provide Seller with written notice of the default and Buyer's intention to terminate for default if Seller fails to cure the default to Buyer's satisfaction within seven (7) calendar days of Buyer' notice. If Seller fails to cure or correct the default within seven days, the Buyer may, without further notice to Seller, procure upon such terms and in such manner as the Buyer may deem appropriate, items similar to those terminated, and the Seller shall be liable to the Buyer for any excess costs of such similar items; however, the Seller shall continue the performance of this Purchase Order to the extent not terminated.

The rights and remedies of the Buyer provided in this clause shall not be exclusive, and are in addition to any other rights and remedies provided by law or under this Purchase Order.

CHANGES: Buyer may direct in writing changes, including additions to or deletions from the quantities originally ordered, or in the specifications or drawings. If any such change causes a material increase or decrease in the cost of, or the time required for, performance hereunder, an equitable adjustment shall be made in the price or schedule. Any claims for adjustment which Seller believes result from any change directed by Buyer shall be asserted in writing by Seller no later than ten (10) days from the date of Seller's receipt of any such direction. Equitable

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Packet Pg. 505 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036))

PURCHASE AGREEMENT
Project Title: Peterson Power Systems INC. - PURCHASE ORDER NO. XXXXX

adjustments for any claims or changes under this agreement, including claims arising from terminations or suspensions directed under DEFAULT above, of this agreement, will be made by written Change Order. Nothing contained herein shall excuse Seller from proceeding with the change as directed prior to negotiation of any adjustment. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the Buyer, except when confirmed in writing by a member of the Buyer’s Purchasing Department.

INVOICES: Seller shall send Buyer a separate invoice for each shipment. Invoices shall not be issued prior to delivery of items as state above. Payment shall not be made prior to receipt of items and an invoice. Credit and discount periods will be computed from the date of receipt of the invoice to the date the Buyer’s check is mailed. Unless freight and other charges are itemized, the discount will be taken on the full amount of the invoice. Payment will be made within thirty (30) days after approval of the invoice by the Buyer.

TITLE AND RISK OF LOSS: All prices shall be F.O.B. Factory. The Seller shall be responsible for safe and adequate packing of the items, which shall conform to the carriers’ requirements. The Seller shall separately number all cases and packages, showing the corresponding numbers on the invoices. An itemized packing slip bearing this Purchase Order number shall be placed in each container. No extra charge shall be made for packaging or packing materials unless authority therefor is set forth in this Purchase Order. Seller shall assume and pay for any and all loss or damage to the merchandise from any cause whatsoever until delivered to Buyer at the specified destination.

DELIVERY: Timely performance and deliveries are essential to this Purchase Order. The Buyer reserves the right to refuse deliveries made in advance of the delivery schedule.

Overshipment allowances, if authorized, will be applied to the entire order. If the Buyer agrees to accept deliveries after the date of delivery has passed, the Buyer shall have the right to direct the Seller to make shipment to the delivery point set forth in this Purchase Order by the most expeditious means, and the total cost of such expedited shipment and handling shall be borne by the Seller. Acceptance of late deliveries shall not be deemed a waiver of the Buyer’s right to hold the Seller liable for any loss or damage resulting therefrom, nor shall it act as a modification of the Seller’s obligation to make future deliveries in accordance with the delivery schedule.

DELAYS: Seller will not be liable for delays in performing its obligations to the extent the delay is caused by an unforeseeable condition which is beyond Seller’s reasonable control and without Seller's fault or negligence. Acts of God, such as storms or floods, as well as government priorities, acts of civil or military authorities, fires, strikes, epidemics, war or riot are examples of events which will be excusable for being beyond Seller's reasonable control, only upon fulfillment of the following conditions: (a) within seven (7) days of the commencement of any excusable delay, Seller shall provide Buyer with written notice of the cause and extent thereof as well as a request for a schedule extension for the estimated duration thereof, and (b) within seven (7) days of the cessation of the event causing delay Seller shall provide Buyer with written notice of the actual delay incurred, upon receipt of which, the date of promised delivery shall be extended for the time actually lost by reason of an excusable delay.

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Packet Pg. 506 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036))

PURCHASE AGREEMENT
Project Title: Peterson Power Systems INC. - PURCHASE ORDER NO. XXXXX

INSPECTION AND APPROVAL: All items are subject to final inspection and approval after delivery to Buyer. If any items are defective in material or workmanship or otherwise not in conformity with the requirements of this Purchase Order, the Buyer shall have the right to require Seller to correct or replace them. Final acceptance or rejection shall be made by the Buyer as promptly as practicable after delivery. Final acceptance shall be conclusive except with respect to latent defects, fraud or such gross mistakes as amount to fraud, or with respect to the Buyer’s rights under the “Warranty” clause.

WARRANTIES-GUARANTEES: The Buyer acknowledges that (i) Seller is not the manufacturer of the Goods; (ii) Seller will pass through to Buyer the manufacturer's warranty to the extent permitted by the terms of such warranty as to the Goods or any manufacturer's warranty of or for such goods. Warranty is attached at end of Attachment 1 with a duration as specified therein for a twenty-four (24) month period.

SAFETY: All equipment and materials shall comply with all Federal, State and local safety rules and regulations including OSHA. Where applicable, materials must be labeled in accordance with Section 5194, Title 8, of the California Administrative Code. The Seller is required to include a Material Safety Data Sheet prepared in accordance with Section 5194(9) with each shipment of all such materials to the City.

EQUAL OPPORTUNITY EMPLOYER: It is the policy of the City of Pacifica that in connection with all materials furnished or work performed under this Purchase Order, there be no discrimination against employees because of race, religion, color, sex or national origin, and therefore the Seller agrees to comply with applicable Federal and California laws including, but not limited to, the California Fair Employment Practices Act.

TAXES: Unless prohibited by law, Seller shall pay and has included in the prices of this Purchase Order any federal, state or local tax, transportation tax, or other tax which is required to be imposed upon the items ordered hereunder, or by reason of their sale or delivery.

TERMINATION FOR CONVENIENCE: Buyer shall have the right to terminate this Purchase Order in whole or in part at any time, and from time to time, by written notice effective upon receipt by Seller of such notice, even though Seller is not in breach of any obligation hereunder.

Upon receipt of notice of termination, Seller shall immediately discontinue performance and shall comply with Buyer’s instructions concerning disposition of completed and partially completed items, work in progress and materials acquired pursuant to this Purchase Order. In the event of such termination, Seller shall be paid an amount in settlement to be mutually agreed upon by the parties which shall cover Seller’s reasonable costs of performance incurred prior to termination in connection with the items for which this Purchase Order is terminated plus a reasonable profit based upon such costs. However, said payment shall not exceed the price specified herein for such items. Seller shall advise the Buyer, in writing, of Seller’s claim, if any, for termination costs within ten (10) days after receipt of the notice of termination.

Termination in accordance with this article shall not affect Buyer’s obligation to pay for items accepted by Buyer prior to such termination.

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Packet Pg. 507 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036))

PURCHASE AGREEMENT
Project Title: Peterson Power Systems INC. - PURCHASE ORDER NO. XXXXX

GOVERNING LAW; VENUE; DEFINITIONS: The definition of terms used, interpretation of this Purchase Order and rights of all parties hereunder shall be construed under and governed by the laws of the State of California. Any litigation with respect to this Purchase Order shall be brought and conducted in San Mateo County, California.

PAYMENT AND PERFORMANCE BONDS: Seller shall provide Payment and Performance Bonds in accordance with Appendix A.

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Packet Pg. 508 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036)) Appendix A Payment Bond and
Performance Bond

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Packet Pg. 509 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036))

PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, the City of Pacifica, a general law city and municipal corporation of the State of California (Buyer) has awarded to Peterson Power Systems INC., 2828 Teagarden Street, San Leandro, CA 94578 as Seller a Purchase Agreement, dated the 15 th of March, 2022 (Agreement), titled Anza Pump Station – New Third Natural Gas Engine located at Anza Pump Station, Pacifica State Beach in the amount of $326,087.93 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:
(One (1) New CAT G3306 Natural Gas Engine Package per Attachment A)

2. AND WHEREAS, Seller is required to furnish a bond in connection with the Agreement to secure the payment of claims of laborers, mechanics, material suppliers, and other persons as provided by law;

3. NOW, THEREFORE, we, the undersigned Seller and Seller’s Bonding and Insurance Company as Surety, are held and firmly bound unto Buyer in the sum of 100% OF THE CONTRACT SUM $326,087.93), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Seller, or its heirs, executors, administrators, successors, or assigns approved by Buyer, or its subcontractors shall fail to pay any of the persons named in California Civil Code Section 9100, or amounts due under the State of California Unemployment Insurance Code with respect to work or labor performed under the Agreement, or for any amounts required to be deducted, withheld, and paid over to the State of California Employment Development Department from the wages of employees of Seller and subcontractors pursuant to California Unemployment Insurance Code Section 13020 with respect to such work and labor, that Surety will pay for the same in an amount not exceeding the sum specified in this bond, plus reasonable attorneys’ fees, otherwise the above obligation shall become and be null and void.

5. This bond shall inure to the benefit of any of the persons named in California Civil Code Section 9100, as to give a right of action to such persons or their assigns in any suit brought upon this bond. The intent of this bond is to comply with the California Mechanic’s Lien Law.

6. Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall

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Packet Pg. 510 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036)) in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.

7. Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Agreement; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Buyer’s rights against the other.

8. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this __________ day of ____________________, 20___.

VENDOR AS SELLER SURETY
Company: (Corp. Seal) Company: (Corp. Seal)

Signature Signature

Name Name

Title Title

Street Address Street Address

City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

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Packet Pg. 511 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036))

PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, City of Pacifica, a general law city and municipal corporation of the State of California (Buyer) has awarded to Peterson Power Systems INC., 2828 Teagarden Street, San Leandro, CA 94578 as Seller a Purchase Agreement, dated 15 th of March, 2022 (Agreement), titled Anza Pump Station – New Third Natural Gas Engine located at Anza Pump Station, Pacifica State Beach in the amount of $326,087.93 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:
(One (1) New CAT G3306 Natural Gas Engine Package per Attachment A)

2. AND WHEREAS, Seller is required to furnish a bond in connection with the Agreement, guaranteeing the faithful performance thereof;

3. NOW, THEREFORE, we, the undersigned Seller and Seller’s Bonding and Insurance Company as Surety are held and firmly bound unto Buyer in the sum of 100% OF THE CONTRACT SUM to be paid to Buyer or its successors and assigns; for which payment, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

4. THE CONDITION OF THIS OBLIGATION IS SUCH, that if Seller, or its heirs, executors, administrators, successors, or assigns approved by Buyer, shall promptly and faithfully perform the covenants, conditions, and agreements of the Agreement during the original term and any extensions thereof as may be granted by Buyer, with or without notice to Surety, and during the period of any guarantees or warranties required under the Agreement, and shall also promptly and faithfully perform all the covenants, conditions, and agreements of any alteration of the Agreement made as therein provided, notice of which alterations to Surety being hereby waived, on Seller’s part to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemnify, defend, protect, and hold harmless Buyer as stipulated in the Agreement, then this obligation shall become and be null and void; otherwise it shall be and remain in full force and effect.

5. No extension of time, change, alteration, modification, or addition to the Agreement, or of the work required thereunder, shall release or exonerate Surety on this bond or in any way affect the obligation of this bond; and Surety does hereby waive notice of any such extension of time, change, alteration, modification, or addition.

6. Whenever Seller shall be and declared by Buyer in default under the Agreement, Surety shall promptly remedy the default, or shall promptly:

6.01 Undertake through its agents or independent contractors, reasonably acceptable to Buyer, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Seller under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, indemnities, and the payment of liquidated damages; or

6.02 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Buyer of the lowest responsible bidder, reasonably acceptable to Buyer, arrange for a contract between such bidder and Buyer

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Packet Pg. 512 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036)) and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of Seller under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Buyer to the Seller under the Agreement and any amendments thereto, less the amount Buyer paid to Seller.

7. Surety’s obligations hereunder are independent of the obligations of any other surety for the performance of the Agreement, and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Buyer’s rights against the others. Surety may not use Contractor to complete the Agreement absent Buyer’s written consent.

8. No right of action shall accrue on this bond to or for the use of any person or corporation other than Buyer or its successors or assigns.

9. Surety may join in any proceedings brought under the Agreement and shall be bound by any judgment.

10. Correspondence or claims relating to this bond shall be sent to Surety at the address set forth below.

IN WITNESS WHEREOF, we have hereunto set our hands this _________ day of ________________, 20___.

VENDOR AS SELLER SURETY
Company: (Corp. Seal) Company: (Corp. Seal)

Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

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Packet Pg. 513 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036)) ATTACHMENT 1

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Packet Pg. 514 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036)) ______________________________________________________________________________________________________________ 2828 Teagarden Street, San Leandro, CA 94577 Telephone (510) 895-8400 petersonpower.com 1 March 3, 2022 Quote: 30828975_2
City of Pacifica
Mr. Nelson Schlater, P.E.

Senior Engineer
Subject: Peterson CAT Third Engine Proposal for Anza Pump Station Mr. Schlater,
Peterson Power Systems (PPSI) is pleased to provide this proposal to for the addition of a third CAT G3306 natural gas powered pump engine at the Anza Pump Station.

Peterson will provide a CAT G3306 engine powered by pipeline natural gas. This engine offers low emissions, maintenance cost, and fuel costs. This equipment package will be consistent with the previous contract for two (2) G3306 engine packages (purchase order #118981) including all changes/additions that we made during the submittal approval.

This pricing is consistent with the Sourcewell CAT EP Parts Contract #120617-CAT The same project management team will manage this project. This group will handle all information deliverables including submittals as well execute the delivery and startup of the project. These engines will be supported by technicians out of our San Leandro location. We are very appreciative and excited for the opportunity to work with you on this project.

Pricing
Price for this single engine package as described………… $288,410.00 Estimated Sales Tax (9.25%)………………………..………..$ 26,677.93
Total Cost………………………………………………………..$315,087.93
Additional Pricing

1. Air Permit Application by Montrose Enviro (cost + 10%) ….………..…$6,000.00 estimate

2. One (1) Custom drive shaft w/ adapter, cage & yoke (cost + 10%)…..$5,000.00 estimate o FOB jobsite tailgate
o Includes performance and payment bond
o Includes start up and commissioning by a PPSI technician. o Includes one day of onsite training by PPSI technician. o All equipment is shipped loose for installation by others. o Taxes will be calculated and added at the current tax rate at the time of invoice.

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Packet Pg. 515 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036)) ______________________________________________________________________________________________________________ 2828 Teagarden Street, San Leandro, CA 94577 Telephone (510) 895-8400 petersonpower.com 2 Note: All engines quoted in this proposal will operate with pipeline natural gas with a delivery inlet pressure of not less than 12psig.

If you have any questions do not hesitate to call me at 541-337-9902.

Sincerely,
Martin Hopkins
Sales Representative
Peterson Power Systems, Inc.

Job Specific Clarifications and exceptions
• Items noted are shipped loose for contractor installation • Specification section N/A pages N/A- dated N/A revision N/A have been included only
o Cross referenced sections not specifically provided and/or clarified in writing are not included
o Equipment will be supplied as submitted
o There will be variations in the equipment from the “concept” contract documents. It is not the responsibility of Peterson Power to design, engineer or to provide construction coordination with other trades. • Submittal: lead-time – four weeks from receipt of “purchase order” depending on level of project complexity
o “Hold for approval” – no equipment will be ordered without written release to proceed
o “For record” – some equipment can be immediately ordered and released for production based on our quoted BOM
• Delivery: Delivery of equipment is on the order of 24 to 26 weeks for the G3306 engines from receipt of approved drawing submittals and receipt of complete and necessary technical information; subject to availability at time of order • Customer will provide all engineering, design, and permitting. • All application engineering, design, permitting, utility interconnect, general construction, electrical wiring, mechanical and exhaust piping beyond this by others.
• Electrical interconnection agreements are the responsibility of the customer. • General Construction including foundation and all other site work is the responsibility of the others.

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Packet Pg. 516 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036)) ______________________________________________________________________________________________________________ 2828 Teagarden Street, San Leandro, CA 94577 Telephone (510) 895-8400 petersonpower.com 3 • Customer is responsible for all thermal, mechanical, and electrical connections to Points of Common Connection (PCC).
• All gas line connections to be installed by others.

Commercial Terms and Conditions
• Seller reserves the right to accept or reject this order • Subject to Peterson Credit Approval
• Equipment Payment (subject to credit approval):
o 20% down payment on order acceptance.
o 30% release for production
o 40% upon equipment ready to ship.
o 10% upon start up, no later than 60 days after receipt onsite • Taxes: not shown or included but will be added as necessary • Validity: Above quote valid for 60 days
• Price: Escalation charges will apply to orders awaiting release of “hold for approval” submittals longer than 90 days
• Freight: FOB jobsite
o Seller’s responsibility for shipments cease upon delivery to transportation company.
o Any claims for shortages, delays or damages occurring thereafter shall be made directly by the purchaser to the transportation company. Any claims against the seller for shortages in shipments shall be made within fifteen days of receipt of shipment.
• Warranty: Standard manufacturer’s warranty applies to the above listed equipment.
• Extended service contracts may be available and are listed above if included. • Acceptance: Once accepted this order shall become a binding contract but is subject to strikes, lockouts, accidents, fire, delays in manufacture or transportation, acts of God, embargoes, or government actions. These causes beyond the control of the seller shall absolutely absolve the seller from any liability to the purchaser under the terms hereof.
• Contracts: penalty or liquidated damages clauses for failure to meet shipping dates are not acceptable or binding on Peterson Power.

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Packet Pg. 517 Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump Station Repair Project (C036)) SELF5731
Effective with sales to the first user on or after August 1, 2018

CATERPILLAR LIMITED WARRANTY
Industrial, Petroleum, Locomotive, and Agriculture Engine Products and Electric Power Generation Products
Worldwide
Caterpillar Inc. or any of its subsidiaries (“Caterpillar”) warrants new and remanufactured engines and new and rebuild electric power generation products sold by it (including any products of other manufacturers packaged and sold by Caterpillar), to be free from defects in material and workmanship.This warranty does not apply to engines sold for use in on-highway vehicle or marine applications; engines in machines manufactured by or for Caterpillar; C175, 3500 and 3600 series engines used in locomotive applications; 3000 Family engines, C0.5 through C4.4 and ACERT™ (C6.6, C7, C7.1, C9, C9.3, C11, C13, C15, C18, C27, and C32) engines used in industrial, mobile agriculture and locomotive applications; or Cat ® batteries; or Electric Power
Generation Products manufactured or assembled in India. These products are covered by other Caterpillar warranties.

This warranty is subject to the following:Warranty Period• For industrial engines, engines in a petroleum applications or Petroleum Power Systems (excluding petroleum fire pump application), or engines in a Locomotive application, or Uninterruptible Power Supply (UPS) systems, the warranty period is 12 months after date of delivery to the first user. • For engines used in petroleum fire pump and mobile agriculture applications the warranty period is 24 months after date of delivery to the first user. • For controls only (EPIC), configurable and custom switchgear products, and automatic transfer switch products, the warranty period is 24 months after date of delivery to the first user. • For new CG132, CG170 and CG260 series power generation products the warranty period is 24 months after date of delivery to first user, but not to exceed 36 months from shipment from the Caterpillar place of manufacture. • For electric power generation products other than CG132, CG170 and CG260 series in prime or continuous applications the warranty period is 12 months. For standby applications the warranty period is 24 months/1000 hours. For emergency standby applications the warranty period is 24 months/400 hours. All terms begin after date of delivery to the first user. • For Caterpillar rebuild electric power generation products the warranty period is 12 months, but not to exceed 24 months from shipment of rebuilt electric power generation product from Caterpillar. • For all other applications the warranty period is 12 months after date of delivery to the first user.

Caterpillar ResponsibilitiesIf a defect in material or workmanship is found during the warranty period, Caterpillar will, during normal working hours and at a place of business of a Cat dealer or other source approved by Caterpillar:• Provide (at Caterpillar’s choice) new, Remanufactured, or Caterpillar approved repaired parts or assembled components needed to correct the defect.

Note: New, remanufactured, or Caterpillar approved repaired parts or assembled components provided under the terms of this warranty are warranted for the remainder of the warranty period applicable to the product in which installed as if such parts were original components of that product. Items replaced under this warranty become the property of Caterpillar. • Replace lubricating oil, filters, coolant, and other service items made unusable by the defect.
• Provide reasonable and customary labor needed to correct the defect, including labor to disconnect the product from and reconnect the product to its attached equipment, mounting, and support systems, if required.

For new 3114, 3116, and 3126 engines and, new and Caterpillar rebuild electric power generation products (which includes the following: any new products of other manufacturers packaged and sold by Caterpillar)• Provide travel labor, up to four hours round trip, if in the opinion of Caterpillar, the product cannot reasonably be transported to a place of business of a Cat dealer or other source approved by Caterpillar (travel labor in excess of four hours round trip, and any meals, mileage, lodging, etc. is the user’s responsibility).

For all other products:• Provide reasonable travel expenses for authorized mechanics, including meals, mileage, and lodging, when Caterpillar chooses to make the repair on-site.

User ResponsibilitiesThe user is responsible for:• Providing proof of the delivery date to the first user.• Labor costs, except as stated under “Caterpillar Responsibilities,” including costs beyond those required to disconnect the product from and reconnect the product to its attached equipment, mounting, and support systems. • Travel or transporting costs, except as stated under “Caterpillar Responsibilities.”
• Premium or overtime labor costs.• Parts shipping charges in excess of those that are usual and customary.
• Local taxes, if applicable.• Costs to investigate complaints, unless the problem is caused by a defect in Caterpillar material or workmanship.
• Giving timely notice of a warrantable failure and promptly making the product available for repair.
• Performance of the required maintenance (including use of proper fuel, oil, lubricants, and coolant) and items replaced due to normal wear and tear. • Allowing Caterpillar access to all electronically stored data.LimitationsCaterpillar is not responsible for:• Failures resulting from any use or installation that Caterpillar judges improper.
• Failures resulting from attachments, accessory items, and parts not sold or approved by Caterpillar.
• Failures resulting from abuse, neglect, and/or improper repair.• Failures resulting from user’s delay in making the product available after being notified of a potential product problem.
• Failures resulting from unauthorized repairs or adjustments, and unauthorized fuel setting changes.
• Damage to parts, fixtures, housings, attachments, and accessory items that are not part of the engine, Cat Selective Catalytic Reduction System or electric power generation product (including any products of other manufacturers packaged and sold by Caterpillar). • Repair of components sold by Caterpillar that is warranted directly to the user by their respective manufacturer. Depending on type of application, certain exclusions may apply. Consult your Cat dealer for more information. (Continued on reverse side…)

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Packet Pg. 518
Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump SELF5731
This warranty covers every major component of the products. Claims under this warranty should be submitted to a place of business of a Cat dealer or other source approved by Caterpillar. For further information concerning either the location to submit claims or Caterpillar as the issuer of this warranty, write Caterpillar Inc., 100 N. E. Adams St., Peoria, IL USA 61629.Caterpillar’s obligations under this Limited Warranty are subject to, and shall not apply in contravention of, the laws, rules, regulations, directives, ordinances, orders, or statutes of the United States, or of any other applicable jurisdiction, without recourse or liability with respect to Caterpillar.A) For products operating outside of Australia, Fiji, Nauru, New Caledonia, New Zealand, Papua New Guinea, the Solomon Islands and Tahiti, the following is applicable:NEITHER THE FOREGOING EXPRESS WARRANTY NOR ANY OTHER WARRANTY BY CATERPILLAR, EXPRESS OR IMPLIED, IS APPLICABLE TO ANY ITEM CATERPILLAR SELLS THAT IS WARRANTED DIRECTLY TO THE USER BY ITS MANUFACTURER.THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT CATERPILLAR EMISSION-RELATED COMPONENTS WARRANTIES FOR NEW ENGINES, WHERE APPLICABLE. REMEDIES UNDER THIS WARRANTY ARE LIMITED TO THE PROVISION OF MATERIAL AND SERVICES, AS SPECIFIED HEREIN. CATERPILLAR IS NOT RESPONSIBLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. CATERPILLAR EXCLUDES ALL LIABILITY FOR OR ARISING FROM ANY NEGLIGENCE ON ITS PART OR ON THE PART OF ANY OF ITS EMPLOYEES, AGENTS OR REPRESENTATIVES IN RESPECT OF THE MANUFACTURE OR SUPPLY OF GOODS OR THE PROVISION OF SERVICES RELATING TO THE GOODS. IF OTHERWISE APPLICABLE, THE VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXCLUDED IN ITS ENTIRETY.For personal or family use engines or electric power generation products, operating in the USA, its territories and possessions, some states do not allow limitations on how long an implied warranty may last nor allow the exclusion or limitation of incidental or consequential damages. Therefore, the previously expressed exclusion may not apply to you. This warranty gives you specific legal rights and you may also have other rights, which vary by jurisdiction. To find the location of the nearest Cat dealer or other authorized repair facility, call (309) 675-1000. If you have questions concerning this warranty or its applications, call or write: In USA and Canada: Caterpillar Inc, 100 N.E. Adams St., Peoria, IL USA 61629, Attention: Customer Service Manager, Telephone 1 (309) 675-1000, outside the USA and Canada: Contact your Cat dealer.B) For products operating in Australia, Fiji, Nauru, New Caledonia, New Zealand, Papua New Guinea, the Solomon Islands and Tahiti, the following is applicable:THIS WARRANTY IS IN ADDITION TO WARRANTIES AND CONDITIONS IMPLIED BY STATUTE AND OTHER STATUTORY RIGHTS AND OBLIGATIONS THAT BY ANY APPLICABLE LAW CANNOT BE EXCLUDED, RESTRICTED OR MODIFIED (“MANDATORY RIGHTS”). ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED (BY STATUTE OR OTHERWISE), ARE EXCLUDED. WITHOUT LIMITING THE FOREGOING PROVISIONS OF THIS PARAGRAPH, WHERE A PRODUCT IS SUPPLIED FOR BUSINESS PURPOSES, THE CONSUMER GUARANTEES UNDER THE CONSUMER GUARANTEES ACT 1993 (NZ) WILL NOT APPLY.NEITHER THIS WARRANTY NOR ANY OTHER CONDITION OR WARRANTY BY CATERPILLAR, EXPRESS OR IMPLIED (SUBJECT ONLY TO THE MANDATORY RIGHTS), IS APPLICABLE TO ANY ITEM CATERPILLAR SELLS THAT IS WARRANTED DIRECTLY TO THE USER BY ITS MANUFACTURER.IF THE MANDATORY RIGHTS MAKE CATERPILLAR LIABLE IN CONNECTION WITH SERVICES OR GOODS, THEN TO THE EXTENT PERMITTED UNDER THE MANDATORY RIGHTS, THAT LIABILITY SHALL BE LIMITED AT CATERPILLAR’S OPTION TO (a) IN THE CASE OF SERVICES, THE SUPPLY OF THE SERVICES AGAIN OR THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN AND (b) IN THE CASE OF GOODS, THE REPAIR OR REPLACEMENT OF THE GOODS, THE SUPPLY OF EQUIVALENT GOODS, THE PAYMENT OF THE COST OF SUCH REPAIR OR REPLACEMENT OR THE ACQUISITION OF EQUIVALENT GOODS.

CATERPILLAR EXCLUDES ALL LIABILITY FOR OR ARISING FROM ANY NEGLIGENCE ON ITS PART OR ON THE PART OF ANY OF ITS EMPLOYEES, AGENTS OR REPRESENTATIVES IN RESPECT OF THE MANUFACTURE OR SUPPLY OF GOODS OR THE PROVISION OF SERVICES RELATING TO THE GOODS.CATERPILLAR IS NOT LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES UNLESS IMPOSED UNDER MANDATORY RIGHTS. IF OTHERWISE APPLICABLE, THE VIENNA CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXCLUDED IN ITS ENTIRETY.C) For products supplied in Australia:IF THE PRODUCTS TO WHICH THIS WARRANTY APPLIES ARE:

I. PRODUCTS OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION; OR
II. PRODUCTS THAT COST AUD 40,000 OR LESS,
WHERE THOSE PRODUCTS WERE NOT ACQUIRED FOR THE PURPOSE OF RE-SUPPLY OR FOR THE PURPOSE OF USING THEM UP OR TRANSFORMING THEM IN THE COURSE OF PRODUCTION OR MANUFACTURE OR IN THE COURSE OF REPAIRING OTHER GOODS OR FIXTURES, THEN THIS SECTION C APPLIES. THE FOLLOWING MANDATORY TEXT IS INCLUDED PURSUANT TO THE AUSTRALIAN CONSUMER LAW AND INCLUDES REFERENCES TO RIGHTS THE USER MAY HAVE AGAINST THE DIRECT SUPPLIER OF THE PRODUCTS: OUR GOODS COME WITH GUARANTEES THAT CANNOT BE EXCLUDED UNDER THE AUSTRALIAN CONSUMER LAW. YOU ARE ENTITLED TO A REPLACEMENT OR REFUND FOR A MAJOR FAILURE AND COMPENSATION FOR ANY OTHER REASONABLY FORESEEABLE LOSS OR DAMAGE. YOU ARE ALSO ENTITLED TO HAVE THE GOODS REPAIRED OR REPLACED IF THE GOODS FAIL TO BE OF ACCEPTABLE QUALITY AND THE FAILURE DOES NOT AMOUNT TO A MAJOR FAILURE. THE INCLUSION OF THIS TEXT DOES NOT CONSTITUTE ANY REPRESENTATION OR ACCEPTANCE BY CATERPILLAR OF LIABILITY TO THE USER OR ANY OTHER PERSON IN ADDITION TO THAT WHICH CATERPILLAR MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW.TO THE EXTENT THE PRODUCTS FALL WITHIN THIS SECTION C BUT ARE NOT OF A KIND ORDINARILY ACQUIRED FOR PERSONAL, DOMESTIC OR HOUSEHOLD USE OR CONSUMPTION, CATERPILLAR LIMITS ITS LIABILITY TO THE EXTENT IT IS PERMITTED TO DO SO UNDER THE AUSTRALIAN CONSUMER LAW TO, AT ITS OPTION, THE REPAIR OR REPLACEMENT OF THE PRODUCTS, THE SUPPLY OF EQUIVALENT PRODUCTS, OR THE PAYMENT OF THE COST OF SUCH REPAIR OR REPLACEMENT OR THE ACQUISITION OF EQUIVALENT PRODUCTS. THE WARRANTY SET OUT IN THIS DOCUMENT IS GIVEN BY CATERPILLAR INC. OR ANY OF ITS SUBSIDIARIES, 100 N. E. ADAMS ST, PEORIA, IL USA 61629, TELEPHONE 1 309 675 1000, THE USER IS RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH MAKING A CLAIM UNDER THE WARRANTY SET OUT IN THIS DOCUMENT, EXCEPT AS EXPRESSLY STATED OTHERWISE IN THIS DOCUMENT, AND THE USER IS REFERRED TO THE BALANCE OF THE DOCUMENT TERMS CONCERNING CLAIM PROCEDURES, CATERPILLAR RESPONSIBILITIES AND USER RESPONSIBILITIES.TO THE EXTENT PERMISSIBLE BY LAW, THE TERMS SET OUT IN THE REMAINDER OF THIS WARRANTY DOCUMENT (INCLUDING SECTION B) CONTINUE TO APPLY TO PRODUCTS TO WHICH THIS SECTION C APPLIES. ©2018 Caterpillar All Rights Reserved.CAT, CATERPILLAR, their respective logos, "Caterpillar Yellow" the "Power Edge" trade dress as well as corporate and product identity used herein, are trademarks of Caterpillar and may not be used without permission.

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Packet Pg. 519
Attachment: Attachment C - Purchase Agreement with Peterson Power Systems, Inc. (4930 : Anza Pump OAK #4846-8099-6918 v2
05620-0129
TASK ORDER NO. 2

CITY OF PACIFICA
AND

SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS (“CONSULTANT”) hereto dated May 26, 2020 (“MASTER AGREEMENT”) and Amendment No. 1 dated March 3, 2022.

SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.

SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed One Hundred Five Thousand Six Hundred Thirty Dollars ($105,630) (“Cost Ceiling”).

SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by December 31, 2023, or as extended in writing by the City Manager.

SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.

Approved this 3rd day of March 2022.
[Signatures on Next Page]

ATTACHMENT D

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Packet Pg. 520 Attachment: Attachment D-Agreement_Schaaf Wheeler_20220316_TaskOrder#2_Anza Pump Station Repair Project (4930 : Anza Pump Station

CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By: Date
Michelle Marchetta Kenyon, City Attorney

CONSULTANT

SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS
By: Date 3/3/22

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Packet Pg. 521 Attachment: Attachment D-Agreement_Schaaf Wheeler_20220316_TaskOrder#2_Anza Pump Station Repair Project (4930 : Anza Pump Station ATTACHMENT “A”

SCOPE OF SERVICES

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Packet Pg. 522 Attachment: Attachment D-Agreement_Schaaf Wheeler_20220316_TaskOrder#2_Anza Pump Station Repair Project (4930 : Anza Pump Station 1171 Homestead Rd., Ste. 255
Santa Clara, CA 95050
(408) 246-4848
FAX (408) 246-5624
[email protected]

SCOPE MEMO

VIA EMAIL
TO: Nelson Schlater
City of Pacifica
DATE: March 3, 2022
FROM: Glen Anderson, PE JOB #: S&WP
SUBJECT: Proposal for Engineering, Bid, and Construction Support Services for Anza Pump Station Repair Project (C036)
Schaaf & Wheeler is providing you with this scope and fee to perform engineering services associated with the Bid and Construction Support Services required for Anza Pump Station.

Outlined herein is the proposed scope and associated level of effort.

Task 1 – Additional Engineering Services
This task includes all engineering work associated with development of final plans and specifications as necessary to accommodate City requested changes as well as changes necessary to accommodate temporary operation of the station. These changes include:
• Changes to City preferred engine manufacturer;
• A need to provide interim pumping;
• Changes to City preferred pump replacement strategy that necessitated a redesign of the roof and revisions to the hydraulic analysis of the station • City preferred modifications to engine control and monitoring Task 2 – Bid Support Services
This task includes providing support to the City during the bidding process. The following tasks are assumed:
• Attendance at prebid meeting;
• Review and response to bidder questions;
• Preparation of up to two addenda;

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Packet Pg. 523 Attachment: Attachment D-Agreement_Schaaf Wheeler_20220316_TaskOrder#2_Anza Pump Station Repair Project (4930 : Anza Pump Station To: Nelson Schlater 2 Date: March 3, 2022
• Review of bids and recommendation for award;
• Preparation of conformed bid documents.

Task 3 – Construction Support Service
This task includes providing engineering support to the City during the construction process.

Services include response to contractor issued RFIs, review of Contractor product submittals and shop drawings, preparation of necessary design clarifications, review of change order requests, and preparation of record drawings.

Schaaf & Wheeler’s fee for the above work is outlined below. Project Manager Project Engineer Junior Engineer
Schaaf & Wheeler
Subtotal
Subconsultant - Biggs
Cardosa
Subconsultant - Fehr
Engineering
Total
Task $230 $205 $165
1 Additional Engineering Services 32 40 40 $22,160 $5,750 $8,500 $36,410 2 Bid Support 12 12 12 $7,200 $3,000 $2,900 $13,100
3 Construction Support Services 50 70 38 $32,120 $13,000 $11,000 $56,120 Total 94 122 90 $61,480 $21,750 $22,400 $105,630
If you have any questions regarding this scope and budget, do not hesitate to contact me at (408) 966-5341 or [email protected].

Best regards,

SCHAAF & WHEELER
Glen M. Anderson, PE (RCE 76720)
Vice-President

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Packet Pg. 524 Attachment: Attachment D-Agreement_Schaaf Wheeler_20220316_TaskOrder#2_Anza Pump Station Repair Project (4930 : Anza Pump Station ATTACHMENT “B”

COMPENSATION

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Packet Pg. 525 Attachment: Attachment D-Agreement_Schaaf Wheeler_20220316_TaskOrder#2_Anza Pump Station Repair Project (4930 : Anza Pump Station OAK #4818-2196-0582 v1

MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 3rd day of March, 2022 by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Ghirardelli Associates, Inc.[a corporation] (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires Construction Management and Inspection Services in connection with The Anza Pump Station Repair Project (C036); WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:

ARTICLE 1 - SCOPE OF SERVICES

1.1. Scope of Services. CONSULTANT agrees to furnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the "Services").

1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.

1.3. Time is of the Essence. CONSULTANT agrees to diligently prosecute the Services. In the performance of this Agreement, time is of the essence.

1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.

CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.

ATTACHMENT E

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Packet Pg. 526 Attachment: Attachment E- Agreement_Ghirardelli Associates Inc_20220316_Anza Pump Station Repair CM (4930 : Anza Pump Station Repair

1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.

1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.

1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.

1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.

ARTICLE 2 - COMPENSATION

2.1. Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in a Task Order. If cumulative task orders exceed $242,660.00 (“Cost Ceiling”), Council approval will be required.

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY

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Packet Pg. 527 Attachment: Attachment E- Agreement_Ghirardelli Associates Inc_20220316_Anza Pump Station Repair CM (4930 : Anza Pump Station Repair shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.

2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment under a Task Order until the Services provided under that Task Order are complete and CITY has received all Documents. CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until December 31, 2023 (the "Term").

Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and CONSULTANT. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.

3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.

3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.

3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.

ARTICLE 4 - DESIGNATED CONTACTS

4.1. CITY Contact. CITY designates Sam Bautista, P.E. QSD/QSP its Deputy Director of Public Works as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and

8.e
Packet Pg. 528 Attachment: Attachment E- Agreement_Ghirardelli Associates Inc_20220316_Anza Pump Station Repair CM (4930 : Anza Pump Station Repair CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.

4.2. CONSULTANT Contact. CONSULTANT designates Randall Bruner, PE President/CEO, as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.

5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.

A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against

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Packet Pg. 529 Attachment: Attachment E- Agreement_Ghirardelli Associates Inc_20220316_Anza Pump Station Repair CM (4930 : Anza Pump Station Repair all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.

B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.

C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.

D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.

E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:
• Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;
• Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
• Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and

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Packet Pg. 530 Attachment: Attachment E- Agreement_Ghirardelli Associates Inc_20220316_Anza Pump Station Repair CM (4930 : Anza Pump Station Repair • Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.
• It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.

ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

If to CITY: City Manager
540 Crespi Dr
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]

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Packet Pg. 531 Attachment: Attachment E- Agreement_Ghirardelli Associates Inc_20220316_Anza Pump Station Repair CM (4930 : Anza Pump Station Repair If to CONSULTANT: Randall Bruner, PE President/CEO
1970 Broadway Suite 1220 Oakland, CA 94612
P: (408) 930-3410 [email protected]

MISCELLANEOUS

6.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.

CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.

Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.

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6.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.

6.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.

6.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section

7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.

6.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.

6.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.

6.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.

6.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.

6.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.

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6.10. Attorney’s Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

6.11. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.

6.12. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.

6.13. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF PACIFICA
By: Date ____
Kevin Woodhouse, City Manager
CONSULTANT: Ghirardelli Associates, Inc.

By: Date
Randall Bruner, PE President/CEO
Attest:

By: ___________________________
Sarah Coffey, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

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Packet Pg. 534 Attachment: Attachment E- Agreement_Ghirardelli Associates Inc_20220316_Anza Pump Station Repair CM (4930 : Anza Pump Station Repair

EXHIBIT A

TASK ORDER

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Packet Pg. 535 Attachment: Attachment E- Agreement_Ghirardelli Associates Inc_20220316_Anza Pump Station Repair CM (4930 : Anza Pump Station Repair

EXAMPLE OF
TASK ORDER NO. ________

CITY OF PACIFICA
AND
__________________________
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct _______________ to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and _______________ (“CONSULTANT”) hereto dated ________________ (“MASTER AGREEMENT”)
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.

SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed ____________________ ($____________) (“Cost Ceiling”).

SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by _________________ or as extended in writing by the City Manager.

SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.

Approved this _______ day of _____, _______.
[Signatures on Next Page]

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Packet Pg. 536 Attachment: Attachment E- Agreement_Ghirardelli Associates Inc_20220316_Anza Pump Station Repair CM (4930 : Anza Pump Station Repair

CITY OF PACIFICA
By: Date
___________, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

CONSULTANT
_______________________________
By: Date
By: Date

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Packet Pg. 537 Attachment: Attachment E- Agreement_Ghirardelli Associates Inc_20220316_Anza Pump Station Repair CM (4930 : Anza Pump Station Repair ATTACHMENT “A”

SCOPE OF SERVICES

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Packet Pg. 538 Attachment: Attachment E- Agreement_Ghirardelli Associates Inc_20220316_Anza Pump Station Repair CM (4930 : Anza Pump Station Repair ATTACHMENT “B”

COMPENSATION

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Packet Pg. 539 Attachment: Attachment E- Agreement_Ghirardelli Associates Inc_20220316_Anza Pump Station Repair CM (4930 : Anza Pump Station Repair 1 TASK ORDER NO. 1

CITY OF PACIFICA
AND
GHIRARDELLI ASSOCIATES, INC.

SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct GHIRARDELLI ASSOCIATES, INC. to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and GHIRARDELLI ASSOCIATES, INC. (“CONSULTANT”) hereto dated 3 March 2022 (“MASTER AGREEMENT”) SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.

SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed _Two Hundred Twenty Thousand Six Hundred_($_220,600) (“Cost Ceiling”).

SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by December 31, 2023, or as extended in writing by the City Manager.

SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.

Approved this 3rd day of March, _2022__.
[Signatures on Next Page]

ATTACHMENT F

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Packet Pg. 540 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump 2 CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

CONSULTANT
Ghirardelli Associates, Inc.

By: Date

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Packet Pg. 541 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump 3 ATTACHMENT “A”

SCOPE OF SERVICES

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Packet Pg. 542 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump 1970 Broadway Suite 1220, Oakland, CA 94612
www.ghirardelliassoc.com
File No. 21104.P01
March 4, 2022
City of Pacifica
ATTN: Nelson Schlater, Senior Engineer
Calara Creek Water Recycling Plant
700 Coast Highway
Pacifica, CA 94044
[email protected]
RE: Construction Management for Anza Pump Station Rebuild Project (C036) for the City of Pacifica, Public Works Department Wastewater Division
Dear Mr. Schlater,
Ghirardelli Associates, Inc. (Ghirardelli) is pleased to submit this proposal to serve the City of Pacifica (City) on the Anza Pump Station Rebuild Project. The team has proven construction management (CM) experience; intimate knowledge of the Pacifica community, work environment, and site conditions; and qualified personnel to deliver this project.

Ghirardelli is a proven Bay Area leader in effectively/successfully delivering local agency projects.

Our proposed team will be led by Project Manager Charlie Krueger, PE, QSD. Mr. Krueger is a professional engineer with 30 years of experience in project management, with a proven record of delivering multiple projects on schedule and within budget. His experience includes public works and local transportation agencies, as well as working with the State of California. He is personally committed to support the City in the successful delivery of this project. Our Construction Manager/Resident Engineer Jaime Heredia, PE, Bonnie Holt, our office engineer, and our Construction Inspector, Mike Williams, will provide the quality construction management and Inspection services demonstrated during previous projects for the City of Pacifica. These individuals will ensure that the City and residents are informed of ongoing operations and will respond to concerns in a timely manner. All key members of our team have a proven partnership that will bring added value to the effective and successful construction and completion of the City’s Anza Pump Station Rebuild Project.

The team has the leadership, available resources, proven record, and strong commitment to undertake resident engineering, inspection, and materials testing services for the Anza Pump Station Rebuild Project. The following proposal outlines how the team will assist the City during construction and deliver on our commitment to meet the City’s project delivery goals and objectives.

Ghirardelli understands that we will be bound by the City’s As-Needed Services Master Services Agreement when selected for this project. Ghirardelli acknowledges the receipt of Addendum 1 dated August 26, 2021 via email.

As a principal of the firm, I have the authority to bind the firm/team. Mr. Krueger can be contacted directly during the evaluation via email at [email protected] or via cell at 510. 867.4452.

Sincerely,
Ghirardelli Associates, Inc.

Raewyn Lelo-Butcher
Executive Vice President
M| 510.708.7442 E| [email protected]

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Packet Pg. 543 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump Construction Management for Anza Pump Station Rebuild Project (C036) for the City of Pacifica www.ghirardelliassoc.com

PROPOSED TEAM AND EXPERIENCE
Ghirardelli has assembled a highly qualified team of professionals to provide resident engineering, construction inspection, and materials testing services for the Anza Pump Station Rebuild Project. Below are brief bios for our proposed team. Full resumes of these individuals are provided at the end of this proposal.

Charlie Krueger, PE, QSD – Project Manager
Mr. Krueger has extensive experience in the planning, development, design and construction of public works, transportation and infrastructure improvement projects. His skillset includes construction management and contract administration, coordination with owners, contractors, engineers, architects, outside agencies, utilities, public relations, partnering, and dispute resolution boards. His expertise includes structures, roadway, utilities, and transit facilities.

Jaime Heredia, PE – Resident Engineer
Mr. Heredia has over 21 years of experience in administering the design, construction and project management of teams completing major capital improvement projects that include slide restoration, emergency roadway repair, paving, and streetscapes. As Supervising Civil Engineer for the City of Oakland, Mr. Heredia was responsible for administration, project management, and design of the City’s Capital Improvement Program (CIP) including transportation infrustructure projects such as bridge seismic retrofits, bridge replacements, street resurfacing, sidewalk repair, stair & path repair, slide restoration, and emergency roadway repair. As a Ghirardelli Resident Engineer, he has been instrumental in the successful execution of several projects including projects for the County of Alameda, and the City of Los Altos.

Scott Buckley, PE, PMP – Structural Inspector
Mr. Buckley has 30+ years of professional project, design, construction, and program management experience on construction projects throughout California. He is an innovative, passionate, and dynamic leader who uses creativity, and teamwork to develop solutions providing customer value. Mr. Buckley will be our structural inspector for the Anza Pump station project and has been the Resident Engineer for the City of Concord citywide bridge repair project and Structure Representative for the Fair Oaks Bridge project in Sunnyvale.

Bonnie Holt – Office Engineer
Ms. Holt has worked in various areas of business for more than 21 years. For the past 17 years, she has provided fulltime office engineering and administrative support for a variety of transportation and construction projects. She is very experienced with construction administration requirements and thoroughly understands Caltrans procedures.

Ms. Holt has worked on a number of large and complex past contracts, including 1-80/North Texas Street Overcrossing and Interchange and North Texas Street/Nelson Road Realignments and Manual Campos Parkway Extension in Fairfield; the Leisure Town Road Overcrossing and Interchange in Vacaville; and the San Francisco-Oakland Bay Bridge Self-Anchored Suspension Bridge project. Her office engineer project experience includes the City of Sunnyvale, Fair Oaks Bridge, Sonoma County Public Works, Boyes Blvd Bridge Replacement, Caltrans, Stormwater Field Compliance and City of Sacramento, 7th Street Extension.

Michael Williams – Construction Inspector
Mr. Williams’ is an experienced civil and electrical inspector. He is proficient in construction administration, as well as project management, estimating, coordinating subcontractors and acting as liaison between the client and owners. He has a proactive approach, excellent communication skills (verbal and written) and a proven track record supervising and training staff. His projects with Ghirardelli include City of Pacifica, FY 2020-21 & 2021-22 Concrete and Curb Ramps Improvement, San Francisco Municipal Transportation Agency, Central Subway Project, Bay Area Rapid Transit (BART), Transbay Tube CP Anode Sled Replacement, Oakland International Airport, Runway 12-30 Rehabilitation and City of Oakland, Oakland Army Base.

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Packet Pg. 544 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump Construction Management for Anza Pump Station Rebuild Project (C036) for the City of Pacifica www.ghirardelliassoc.com

PROJECT UNDERSTANDING
The City is seeking an experienced consultant from the on-call list to provide construction management, inspection and materials testing services for the Anza Pump Station Rebuild Project. Construction activities will include replacement of natural gas engines, new drive shafts connecting engines to existing propeller pumps, new steel roof, irrigation pumps, electrical system and controls, new gas service in coordination with PG&E and other work as specified in the plans. Ghirardelli understands the project was designed by Bellecci & Associates, Inc. with an overall engineer’s estimate of approximately $770,000.

Ghirardelli understands that the we will be working closely with the rest of the project team which includes the Design Engineers, the City’s Project Manager and the City Inspector.

SCOPE OF WORK
Ghirardelli is proud to bring its experience with similar repair projects to the City. Our approach for this type of project is built around the qualifications and experience of our staff and lessons learned from previous projects. Ghirardelli realizes that the success of any construction project depends on the ability of the construction management team to proactively identify and anticipate problems before they become major issues and to resolve issues promptly before they impact the project budget and schedule.

Ghirardelli will provide resident engineering (part time) and construction inspection (full time).

PRE-CONSTRUCTION
Ghirardelli’s Resident Engineer will organize a pre-construction conference with the Contractor, subcontractors, City staff, Designer, construction management (CM) team members, and other interested parties to discuss the project and the work involved. This conference will provide a forum for answering questions from the Contractor and other interested parties as well as addressing issues and coordination that need to be performed before work commences.

Ghirardelli’s Resident Engineer will prepare an agenda and meeting minutes.

CONSTRUCTION PHASE
Ghirardelli’s Resident Engineer will manage the day-to-day administration of the project. The Resident Engineer, as appropriate, will be the first point of contact with the Contractor, representing the City and the CM team. The Resident Engineer will:
• Provide written field direction in memorandum form to the Contractor, when necessary. • Prepare letters to the Contractor giving formal direction and instruction. • Prepare letters and memorandum to the City, providing informational updates, requesting opinions and assistance, as needed.
• Manage and perform project inspection, as required.
• Coordinate, manage and review materials sampling and testing activities. • Verify grades, staking and marks set by the Contractor. • Coordinate field observation of daily reports recording work performed, labor and equipment, issues and resolutions, conversations, materials sampling and testing, grades/ controls checked, item quantities, field measurements and extra work performed.
• Verify photographic records of the construction operations and site conditions are secured. • Review inspectors' daily reports.
• Help to ensure project safety reviews are performed and compliance with laws, orders and regulations. • Document progress and operations with photographs, including pre-construction photographs. • Review labor compliance documents.
• EEO and DBE interviews, tracking and reports.
• Prepare punch lists, as necessary.

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Packet Pg. 545 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump Construction Management for Anza Pump Station Rebuild Project (C036) for the City of Pacifica www.ghirardelliassoc.com
Project Administration
The Resident Engineer will review and respond to submittals and RFIs in coordination with the City’s Project Manager; review and monitor the Contractor’s schedule; review of traffic control plans and inspection of traffic control measures; review the Contractor’s compliance with all permits, stormwater regulations and permits (SWPPP), and environmental documents; review the Contractor’s compliance with health and safety standards and regulations and reporting of non-compliance; and monitor record documents to ensure proper maintenance and completion by the Contractor. At the conclusion of each week's work, a Weekly Statement of Working Days (WSWD) will be submitted to both the Contractor and City staff.

Project Coordination/Meetings
Ghirardelli with coordinate with City’s Transportation Division to review traffic control plan submittals; coordinate progress meetings with the Contractor; coordinate with utility agencies, as needed; and coordinate project issues with the City Project Manager and third parties, as needed. Ghirardelli’s Resident Engineer will hold weekly meetings with the Contractor, City staff and other interested parties. The Resident Engineer will prepare and distribute weekly project meeting agendas and minutes to attendees, District staff, and Designer.

Scheduling
Ghirardelli’s Resident Engineer will review the Contractor's baseline schedule and determine its conformance with the plans and specifications. We will constantly review the plans and specifications to determine whether the Contractor is constructing the project correctly and in accordance with the intent of the City. We will "look ahead" to prepare for specific project tasks to protect the City against defects and deficiencies resulting from inferior workmanship and materials. Close adherence to the plans, details and all applicable specifications is required in order to properly construct and administer the project. Activities include, but are not limited to, maintaining continuous agency coordination, issuing notices of non-compliance, maintaining strict adherence to all local policies, conducting a daily review of the construction operations, conducting reviews of all disputes and potential claims, and adhering to all City and State standards and construction guidelines.

Safety Meetings
Safety Meetings (tailgate) will be scheduled for the CM staff. Regular attendees will be the resident engineer, inspector, and other interested parties. The purpose of the meeting is to discuss safety aspects with regard to currently project operations and site conditions as well as public and personal safety and any concerns. We will also require weekly (at minimum) safety meetings by the construction contractor’s crew and will monitor their compliance with this requirement. Whenever possible, the Ghirardelli resident engineer and inspector will attend the Contractor's safety meetings. A written record of attendance and the subjects discussed as well as recommendations and actions will be prepared and filed in the project records.

Contractor Requests for Information
As the work progresses, the Contractor may submit RFIs or RFCs. These requests will be forwarded to the appropriate party(s) for review and the response provided to the Contractor in a timely manner. Document control logs will be utilized to document and monitor the request until completed. The key to success is prompt review and timely response so that the City’s interest in cost and schedule are kept in consideration. By Ghirardelli’s close monitoring of and coordinating the follow-up of all RFls, we will help to prevent potential delays and/or changes to the project schedule or scope. Document logs will be maintained for correspondence, submittals/shop drawings, RFls, RFCs, change orders and disputes and potential claims.

Construction Inspection
Close adherence to the plans, details, and all applicable specifications is required in order to properly construct and administer the project. Activities include, but are not limited to, maintaining continuous City coordination, issuing notices of non-compliance, maintaining strict adherence to all local policies, conducting a daily review of the

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Packet Pg. 546 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump Construction Management for Anza Pump Station Rebuild Project (C036) for the City of Pacifica www.ghirardelliassoc.com
construction operations, and adhering to all applicable contract specifications and standards to include City, State and Federal.

Ghirardelli’s inspector will prepare a daily report for each construction day. The inspector’s daily reports (including the reports from material testers) will be provided to the Resident Engineer. This information will be used for the preparation and evaluation of the monthly progress estimates, non-compliance issues, construction delays, compliance tests, CPM schedule review, liquidated damages, and claims. The daily reports will be reviewed for the following factual information:
• Date, project identification, contractor’s name, subcontractor’s name(s), and time of inspections. • Conditions (weather, moisture, soil, etc.); any inclement weather conditions that hampered or delayed the contractor’s operations.
• Activities detail. Scheduled activities including starting and completion dates. Bid item numbers of all activities should be listed in the daily report.
• Difficulties encountered by the contractor.
• Construction issues (disputes, questions in the field, etc.). • Deficiencies and violations (including construction work, safety, labor, etc.). • Major material and equipment deliveries to the site (type, quantity, means of delivery, and condition of materials).
• Record of manpower, construction equipment, and materials testing locations and results.

Material Test Data and Certificate of Compliance
The resident engineer will review all Contractor-provided manufacturers' shop or mill test certificates, including test reports from independent materials testing laboratories to verify compliance with the Contract specifications.

Certificate of compliance will be obtained for all materials for which the specifications require their submittal as well as for the basis of acceptance of materials which are to be inspected and released at the project site.

POST CONSTRUCTION
Our project team will work closely with the design engineer, City staff and other stake holders to help to ensure that the project closeout proceedings are performed quickly, accurately and consistently, in accordance with all pertinent policies and procedures. We will review and monitor the Contractor's submittal information respective to the closeout, such as "as-built" information, final progress payment, warranties, guarantees, bond reduction, punch list preparation, etc. Our inspector will perform a final inspection and assure all items from the punch list are completed.

Under the direction of the Resident Engineer, our inspector will provide City staff with an original set of construction documents, cataloged in accordance with the Caltrans file management system, which includes all documented correspondence, diaries, reports, photos, correspondence, contract documents, labor compliance, materials, material tests, change orders, progress payment and survey records, etc. for storage by the City. All contract documents will be digitized and filed electronically.

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Packet Pg. 547 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump Construction Management for Anza Pump Station Rebuild Project (C036) for the City of Pacifica www.ghirardelliassoc.com

FEE PROPOSAL
Below is the estimated fee for the Anza Pump Station Rebuild Project based on our review and understanding of the plans and specifications along with our correspondence with the City.

Ghirardelli estimates that our fee will be $220,600.00. The fee includes part time hours for our Resident Engineer (Jaime Heredia, PE), Office Engineer (Bonnie Holt), and full time hours for our Lead Inspector (Michael Williams)

PW BILL RATE
First Shift Second Shift

NAME ST OT DT ST OT DT
Jaime Heredia PE (Resident Engineer) $233.44 $343.90 $458.55 $234.91 $343.90 $458.55 Michael Williams (Alternate
Inspector) $167.72 $247.09 $329.46 $168.78 $247.09 $329.46 Scott Buckley (Structural Inspector) $241.36 $355.58 $474.12 $242.89 $355.58 $474.12 Bonnie Holt (Office Engineer) $172.34 $233.00 $293.62 $187.51 $255.75 $323.96

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Packet Pg. 548 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump 1970 Broadway Suite 1220, Oakland, CA 94612
www.ghirardelliassoc.com
Fee Assumptions:

1. Resident Engineer will work part time throughout the project.

2. Office Engineer will work part time throughout the project.

3. Lead inspector work 3 days/week during construction.

4. Alternate Inspector, Structural Inspector and Electrical Inspector will work as required.

5. Rates and fees are valid for the duration of the project.

6. Rates include the cost of Inspector's normal equipment and PPE, vehicles, computers, phones and office equipment.

Associate Hours Rates April May June July August September October November December ST
Heredia PM/RE $233.44 14 40 40 40 20 40 40 20
Holt OE $172.34 6 24 24 24 10 24 24 10
Buckley Struct. Insp. $241.36 8 8 8 8 16 24 4
Williams Lead Insp. $164.72 4 100 100 100 80 80 100 8
TBD Alt Insp $164.72 16
Wong Specialty $168.19 8 16 8 16 24 40 16
3 21.5 21.5 21.5 14.8005738 20 25.5 5.25

4.7 4.7 4.7 16.0 3.7 4.7 0.4
Davis PM $3,268.10 $9,337.44 $9,337.44 $9,337.44 $4,715.41 $9,337.44 $9,337.44 $4,668.72 Holt OE $1,034.04 $4,136.16 $4,136.16 $4,136.16 $1,723.40 $4,136.16 $4,136.16 $1,723.40 Buckley Struct. Insp. $0.00 $1,930.91 $1,930.91 $1,930.91 $1,980.29 $3,861.82 $5,792.72 $965.45 Williams Lead Insp. $658.88 $16,472.00 $16,472.00 $16,472.00 $13,177.60 $13,177.60 $16,472.00 $640.00 TBD Alt Insp $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,635.52 $0.00 Wong Specailty $0.00 $1,345.52 $2,691.04 $1,345.52 $2,691.04 $4,036.56 $6,727.60 $2,691.04 $4,961.02 $33,222.03 $34,567.55 $33,222.03 $24,287.74 $34,549.58 $45,101.44 $10,688.61 $220,600.00
Working days (Staff Days)
Hrs/day Lead for Insp
Electrical/Controls & Mechanical
Total:

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Packet Pg. 549 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Charlie Krueger, PE, QSD
Project Manager
Mr. Krueger, PE, QSD, has extensive experience in the planning, development, design and construction of public works, transportation and infrastructure improvement projects. His skillset includes construction management and contract administration, coordination with owners, contractors, engineers, architects, outside agencies, utilities, public relations, partnering, and dispute resolution boards. Charlie has overseen the construction management of various public works, transportation, modernization, and rehabilitation projects. His expertise includes roadway, utilities, and transit facilities.

In addition to successful structural projects, he has also overseen light-rail construction including at-grade and elevated light rail and at-grade bus rapid transit stations. His management and dedication to successful project completion has helped many public agencies achieve their goals of transportation modernization and community improvement initiatives.

Project Experience
Fair Oaks Bridge
City of Sunnyvale; Sunnyvale, CA
Project Manager | Located between Kifer Road and Evelyn Avenue, the Fair Oaks Bridge crosses over the Caltrain tracks and Hendy Avenue. The bridge was built in 1967, retrofitted in 1981 and 1993, and will undergo several improvements to address: Severe deck cracking/spalling, Inadequate bike lane width, No sidewalk on bridge, Structural deficiencies with Sufficiency Rating of 47., Existing pedestrian overcrossing non-compliance with Construction activities will encompass: Bridge widening along the east side, New sidewalk on east side of the bridge and widen bike lanes, Removal of existing pedestrian overcrossing, Hendy Avenue realignment and improvement, Realignment of roadway along Fair Oaks connecting Hendy and Kifer, Intersection improvement, Water and sewer main replacements, Landscaping/guardrails/streetlights installation.

The City’s goal is to maintain one travel lane and one bike lane in each direction during this time. However, some short-term lane closures may be required. In addition, the Hendy Avenue underpass area will be closed during early construction phases (approximately 8-10 months) to help expedite the overall construction schedule. Pedestrian access over the Caltrain corridor will be maintained until bridge construction is complete.

Kato Road Grade Separation (C222)
Santa Clara Valley Transportation Authority; Fremont and Milpitas, CA Structures Representative | This was a grade separation project for the Bay Area Rapid Transit (BART) extension to Silicon Valley, and Union Pacific Railroad (UPRR). Site work involved the construction of a two-span structural steel UPRR bridge, a cast-in-place two-span UPRR access bridge, and a cast-in-place post-tensioned two-span BART bridge, over Kato Road. Deep soil-mix retaining walls were constructed to lower the road profile. The project included a shoofly for UPRR and constructed a box culvert adjacent to a new housing development, within a few feet of an existing home. The project also included a pump station, bio-swale, tree-well filters, irrigation and landscaping.

Utilities requiring protection included Kinder Morgan and Chevron pipelines. Mr. Krueger managed the field inspection staff for the civil and structures work, resolved technical issues and interpreted specifications. He also assisted with public relations with the adjacent businesses and homeowners association.

Lower Berryesa Creek Project, Phase I & II
Santa Clara Valley Water District
Project Manager | Phase 1 includes work on Lower Berryessa Creek from Penitencia Creek to Abel Street, which is EXPERIENCE 30+ Years
TENURE W/GA 15 Years

EDUCATION
B.S. Civil Engineering, San Jose
State University, 1987

REGISTRATIONS
CA Professional Civil Engineer,
#47496

CERTIFICATIONS
• Quality Storm Water Developer/
Practitioner (QSD/P), #20677

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Packet Pg. 550 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump

CHARLIE KRUEGER, PE, QSD

PROJECT MANAGER
divided into two reaches (A and B) for a total length of 2,400 feet. Phase 1 – Lower Berryessa Creek (Penitencia Creek to Abel Street): Raises the existing levee on the southwest bank, replaces the existing levee on the northeast bank with concrete floodwalls, constructs new headwalls, and raises and reconstructs a pedestrian bridge.

Phase 2 will consist of improvements to Berryessa Creek from Abel Street to Calaveras Boulevard, which is divided in five reaches (C, D, E, F, and G) for a total of 6,000 feet. Phase 2 also includes improvements on the lower reaches of Calera Creek and Tularcitos Creek for a total of 3,000 feet. Lower Berryessa Creek (Abel Street to Calaveras Boulevard) raises levees, constructs floodwalls including spread footing and cast-in-drilled-hole (CIDH) piles foundation on both sides of the creek, reconstructs pedestrian bridge (Town Center), constructs transitions structures and headwalls, constructs access roads and on-ramp and off ramps from access roads, including Armorflex paving, removes vegetation and re-vegetation, utility relocation, and outfall repairs.

Lower Calera Creek reconfigures and widens the channel, and constructs new floodwalls and headwalls. Tularcitos Creek constructs a new stormwater pump station with masonry building and diesel pumps, short floodwalls, and new headwalls, and reconstructs two pedestrian bridges.

Alum Rock Bus Rapid Transit
Santa Clara Valley Transportation Authority; San Jose, CA Resident Engineer | This project constructed 16 new station platforms with custom stainless-steel shelters incorporating integral electrical and communications cabinets, LED lighting, CCTV, real-time information signage, lighted ad panels and attractive art enhancements along Santa Clara Street in Downtown San Jose, Alum Rock Avenue and Capitol Expressway. The project constructed a busway in the median by widening Alum Rock Avenue, which required new sidewalk and handicap ramps at multiple intersections. The project reconstructed portions of the roadway on Alum Rock Avenue between U.S. 101 and Capitol Avenue and included construction of 12 new signalized intersections to accommodate the median busway. Mr. Krueger was the main point of contact between the VTA and the contractor and was responsible for preparing letters and other correspondence to the contractor. He coordinated construction activities with regulatory and local agencies including the City of San Jose and the County of Santa Clara, as well as with Caltrans. He also worked with VTA’s utility coordinator to manage utility relocations and new services by PG&E, AT&T, and San Jose Water Company. Additionally, He supervised a project engineer, a scheduler, four civil/structural inspectors, an electrical inspector, project controls staff, and an engineering aide.

Jerrold Avenue Bridge Replacement
Caltrain/Peninsula Corridor Joint Powers Board (JPB); San Francisco, CA Resident Engineer | This Joint Powers Board project replaced the existing intermediate three (3)-spans with a single span, steel-fabricated bridge, and included the installation of two (2) jump-spans to conform to the present bridge layout. Also involved was the reconstruction of the tracks that were impacted by the new structures, travel way and sidewalks. Mr. Krueger provided contract administration, reviewed submittals, managed inspections and testing, and monitored the schedule. He also reviewed, recommended, and negotiated change orders, as well as coordinated with the stakeholders.

The bridge replacement took place over a 12-hour period on a Friday night after the last scheduled train crossed the old bridge. This required extensive coordination with JPB and Caltrain staff over a 6-month period in order to develop a site specific work plan that covered every aspect of the process, including construction of 9’ diameter CIDH pile foundations while the old bridge was still in service, bridge demolition and replacement, trackwork and contingency plans.

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Packet Pg. 551 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump Jaime Heredia, PE
Resident Engineer
Mr. Heredia has over 21 years of experience in administering the design, construction and project management of teams completing major capital improvement projects that include slide restoration, emergency roadway repair, paving, and streetscapes.

Project Experience
On-Call Construction Management Services
Alameda County Public Works; Alameda County, CA
Resident Engineer/Inspector | Mr. Heredia completed and/or assisted the County on the following projects: Castro Valley Resurfacing; Safety Improvements on Fairmont Drive; Palomares and Redwood Road Safety Improvements; The Miller Sweeney Bridge Fender System Repair; East 14th Street/162nd Avenue Sidewalk; and Caltrans new Federal projects.

The work included AC Milling and AC overlay, tree planting, and installing guardrail and, streetlights. Mr. Heredia’s duties included daily reports using Virtual Project Manager software, weekly meetings, coordination of submittal review, inspection, coordination of field testing, field measurements, review of extra work cost proposals, preparation of progress payments and change orders, and coordination with various stakeholders and utility providers. He also assisted County staff in preparing award packages for federally funded projects and compiling documentation for Caltrans audits.

Many of the projects were on residential streets requiring thoughtful coordination with residents to maintain safe access to driveways and adequate notices for parking restrictions.

Snake Road Slide Repair
City of Oakland; Oakland, CA
Resident Engineer | As part of the City of Oakland’s Civil Capital Improvement projects which included slide repairs, streetscapes, street widenings, and emergency roadway repair projects, Mr. Heredia served as the Resident Engineer for the Snake Road slide repair project. The project involved repair along 120 linear feet of roadway and involved 20 soldier piles with 30’ high timber lagging and two tiers of tiebacks that held back engineered backfill beneath the new road construction.

Design and Construction Services Division
City of Oakland; Oakland, CA
Supervising Civil Engineer | Mr. Heredia was responsible for administration, project management, and design of the City’s Capital Improvement Program (CIP) consisting of transportation, bicycle, and pedestrian improvement projects, including streetscapes, bridge maintenance & rehabilitation, bridge seismic retrofit, bridge replacement, street resurfacing, sidewalk repair, stair & path repair, slide restoration, and emergency roadway repair. He was responsible for managing and administering CIP budget of $100 million and staffing of 9 FTE’s. Mr. Heredia was responsible for managing and administering 37 multi-tiered as-needed professional services contracts for civil, structural and geotechnical engineering services totaling $11.7 million. He was also responsible for managing and administering “design/build” contracts for major redevelopment funded CIP projects.

Infrastructure Maintenance Division
City of Oakland; Oakland, CA
Acting Operations Manager/Supervising Civil Engineer | Mr. Heredia acted as operations manager for the Infrastructure Maintenance Division, consisting of streets and sidewalks, sewer and storm drainage, and tree maintenance. He was responsible for managing and administering an annual operating budget of $15.8 million and staffing of approximately 156 employees. He assisted in Fiscal Year 2005-07 budget development for Public Works Agency, Infrastructure Maintenance Division.

EXPERIENCE 21 Years
TENURE W/GA 1 Years

EDUCATION
M.S., Civil Engineering, University
of California, Berkeley
B.S., Civil Engineering, University
of California, Berkeley

REGISTRATIONS
Professional Civil Engineer, CA,
No. 42244

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Packet Pg. 552 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump Michael Williams
Construction Inspector
Mr. Williams is an experienced civil and electrical inspector. He is proficient in construction administration, as well as project management, estimating, coordinating subcontractors and acting as liaison between the client and owners.

He has a proactive approach, excellent communication skills (verbal and written) and a proven track record supervising and training staff.

Skills: Estimating for projects in excess of $1M, cost-control for client retention, RFP/RFI vendor management, proposal writing and review, supervising 10-person teams, training, vast experience using Xactimate (estimating software), and familiarity with AlacNet (estimating software).

Project Experience
FY2020-21 & 2021-22 Concrete and Curb Ramp Improvement Project City of Pacifica; Pacifica, CA
Construction Inspector | Ghirardelli provided resident engineering, construction inspection, and materials testing services for the City’s project repairing and constructing new concrete sidewalks, ADA curb ramps, driveways and a storm drain in various locations within the City’s neighborhoods. Work included installing hot mix asphalt plugs, and other miscellaneous work. The project lasted 54 construction working days. Ghirardelli implemented a strict quality control regimen to confirm that the contractor understood the intent of the design and built the new curb ramps and sidewalks to ADA requirements. Ghirardelli worked with the contractor and the City to identify critical issues when laying out pull boxes, ramps, and street furnishings. Our team worked closely with the City, contractor and designers to maintain compliance with ADA requirements despite the steep hills, grade changes at corners and, existing infrastructure that did not always match plans.

I-80/Central Avenue Operational Improvements, Phase 1
City of Richmond; Richmond, CA
Construction Inspector | This project improved the traffic operations at the I-80/Central Avenue interchange and along Central Avenue between Rydin Road and San Pablo Avenue. The project was completed in two phases. Phase I redirected left turns from westbound Central Avenue onto I-80 WB to the adjacent I-580 eastbound on-ramp at Rydin Road during weekend peak hours, and installed traffic signals at the I-580 ramps. The project also included installing 17 new ADA curb ramps along Central Avenue between Highways 80 and 580.

Oakland Army Base
City of Oakland; Oakland, CA
Construction Inspector | The project work included demolition of old Army logistics center followed by infrastructure construction for new intermodal container terminal and associated supporting facilities. Construction activities included deep dynamic compaction, wick drain installations, joint and other utilities and storm drain installations across property, easement and jurisdictional boundaries; road construction, storm drain outfall; temporary and permanent traffic signage and signals and traffic control in a highly industrialized operating seaport area. As construction inspector, Mike monitored and reported on the contractor’s field activities. He managed and ordered QA special inspection and material testing lab staff as required to confirm construction compliance with the plans and specifications. Enforcement extended to environmental and safety elements of the construction work.

Oakland Airport Connector
BART; Oakland, CA
Construction Inspector | The Oakland Airport Connector provided a high-quality link between BART's regional rail system, and the Oakland Airport, using a direct and exclusive aerial guide-way for transit vehicles departing to, and from the existing Coliseum station. Mr. Williams provided quality assurance of contractor’s work, prepared daily diaries, EXPERIENCE 15 Years
TENURE W/GA 5 Years

EDUCATION
B.S., Civil Engineering, College of
Alameda, Alameda, CA (In
Progress)

CERTIFICATIONS
BART Badge #66474
RWP Training
SSI Clearance
TWIC

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Packet Pg. 553 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump

MICHAEL WILLIAMS

CONSTRUCTION INSPECTOR
assisted with monthly pay estimates, contract administration, photo documentation, tracked and verified all work, paid close attention to public and worker safety. He also tracked hazardous materials and recyclable materials, recorded work progress, and documented contractor activities to verify the project was completed in accordance with the contract documents, and regulatory agency requirements. Mr. Williams also monitored the work to help ensure that dust control, SWPPP, haul-routes and all other plans were followed.

Central Subway Project
San Francisco Municipal Transportation Agency; San Francisco, CA Quality Control Inspector | The Central Subway Project extended the Muni Metro T Third Line to provide a direct transit link between the Bayshore and Mission Bay areas to SoMa, downtown, and Chinatown. Once the Central Subway is completed, T Third Line trains will travel mostly underground from the 4th Street Caltrain Station to Chinatown, bypassing heavy traffic on congested 4th Street and Stockton Street. Mr. Williams completed daily logs and inspection reports along with calculations for quantities of materials, monitored construction activities for contract compliance and performed controlled inspections, and reviewed and interpreted drawings, contract specifications, material lists and samples of materials for compliance with contract requirements and codes. He also worked with project managers and Inspectors of Records to verify work and materials meet code and plan specifications.

Transbay Tube CP Anode Sled Replacement
BART; Oakland, CA
Construction Inspector | The work includes demolition of 15 existing rectifier alarm assemblies and one existing junction box. The scope includes removal of old and installation of 12 new permanent reference cells, four new electrical resistance corrosometer probes, and installation of 16 new cathodic protection monitoring panels. Work also includes providing associated conduits, cabling, electrical connections, and monitoring equipment required for a complete system. This project is being performed in the Transbay Tube Upper and Lower Gallery. This project is a Security Sensitive Information Project. Mr. Williams is working on the barge in the Bay and in the Transbay Tube. He is responsible for verifying conditions of the anode cable; inspecting splicing and conducting continuity tests for the anode cable; verifying the coordinates of the cable replacement; documenting project photos; providing written documentation of work being performed; verifying replacement of drain valves; and coordinating between the contractor, divers and the Resident Engineer on the project.

Traction Power Substation Replacement - ASL
BART; San Leandro, CA
Construction Inspector | The work included installation and testing of BART traction power substation (TPSS) equipment at five locations. The major TPSS equipment was procured and delivered under a separate Procurement Contract No. 15EK-210. Mr. Williams monitored the contractor’s work for compliance with the contract documents and verified that the work was performed per the approved SSWP. He also prepared daily reports to document the contractor’s activities.

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Packet Pg. 554 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump Bonnie Holt
Office Engineer
Ms. Holt has worked in various areas of business for more than 23 years. For the past 18 years, she has provided full-time office engineering and administrative support for a variety of transportation and construction projects.

She is very experienced with construction administration requirements and thoroughly understands Caltrans procedures. Ms. Holt has worked on a number of large and complex past contracts, including 1-80/North Texas Street Overcrossing and Interchange and North Texas Street/Nelson Road Realignments and Manual Campos Parkway Extension in Fairfield; the Leisure Town Road Overcrossing and Interchange in Vacaville; and most recently supporting Caltrans on the new San Francisco-Oakland Bay Bridge SelfAnchored Suspension Bridge project.

Project Experience
Richmond Ferry Terminal
San Francisco Water Emergency Transportation Authority; Richmond, CA
Office Engineer | The facility is located at the southern point of the Ford Peninsula in Richmond, adjacent to the Ford Assembly Plant building. The project will launch a new ferry service between Richmond and San Francisco. The service will provide a critical expansion to regional ferry operations, help alleviate traffic congestion and increase WETA’s emergency response capabilities. The project includes the construction of an ADA-compliant gangway and ramping system, float and piles, passenger shelter, and development and reconfiguration of a 362-space paved parking lot. WETA will also install a new ADA-compliant kayak launch ramp.

Police Department Headquarters
City of Vacaville; Vacaville, CA
Office Technician | Construction of a new 39,000-square-foot, 2-story state-of-the-art essential service facility in the Vacaville City Hall complex. New parking included secured spaces for police vehicles, a visitor parking area and additional general employee parking. Ms. Holt's services included preparing monthly project progress reports, managing documentation and correspondence, filing, maintaining project photo and submittal logs, performing change order support, preparing O&M manuals, and performing labor compliance duties for this and other Vacaville projects.

Fair Oaks Bridge
City of Sunnyvale; Sunnyvale, CA
Office Engineer | Located between Kifer Road and Evelyn Avenue, the Fair Oaks Bridge crosses over the Caltrain tracks and Hendy Avenue. The bridge was built in 1967, retrofitted in 1981 and 1993, and will undergo several improvements to address: severe deck cracking/spalling, inadequate bike lane width, no sidewalk on bridge, structural deficiencies with sufficiency rating of 47.7, existing pedestrian overcrossing non-compliance with ADA. The city’s goal is to maintain one travel lane and one bike lane in each direction during this time. However, some short-term lane closures may be required.

In addition, the Hendy Avenue underpass area will be closed during early construction phases (approximately 8-10 months) to help expedite the overall construction schedule. Pedestrian access over the Caltrain corridor will be maintained until bridge construction is complete. Ms. Holt maintained construction diaries that included documentation of the work progress, materials tested, and any other pertinent information in a daily diary for permanent record of events.

EXPERIENCE 23 Years
TENU RE W/GA 6 Years

EDUCATION
AS, Construction Management,
Diablo Valley College
SKILLS
• Field Inspection
• Daily Reporting
• Documentation and Tracking
Quantities
• Field Interviews
• Assisting Resident Engineer

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Packet Pg. 555 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump

BONNIE HOLT

OFFICE ENGINEER
7th Street Extension
City of Sacramento; Sacramento, CA
Office Engineer | The project connected Sacramento's Union Pacific Railyards and Richards Blvd, via a complicated railroad underpass, to downtown Sacramento via 7th Street. The more than one-mile-long project involved building a two-lane arterial roadway with a 900-foot-long grade-separated underpass bridge, which carries the new arterial roadway beneath two existing mainline tracks and two future tracks. Also involved were storm drainage, utility relocations, a pumps station and street reconstruction. The Railyards is a state Superfund site and there was potential for soil and groundwater contamination due to the highwater table. Public relations with neighboring businesses were also critical. She was responsible for documentation/correspondence, the project photo log, change order support, project reporting, submittal control and progress payment processing, among other tasks. The project won several industry awards.

Boyes Boulevard Bridge Replacement
Sonoma County Public Works; Sonoma, CA
Office Engineer | The new bridge will be a single span precast girder bridge, built to current standards including accommodating a 100-year storm event. The bridge is in a busy suburban corridor so construction will progress over two seasons. In 2019, removal and replacement of the old bridge was completed including the permanent relocation of utilities to the new structure. Ms. Holt maintained construction diaries that included documentation of the work progress, materials tested, and any other pertinent information in a daily diary for permanent record of events.

Photographs of project progress were regularly taken and kept for permanent records to support disputes and verify quality for acceptance.

San Pablo Dam Road Walkability Project
County of Contra Costa Public Works Department; El Sobrante, CA Office Engineer | This project improved the pedestrian and bicycle safety and mobility of a segment of San Pablo Dam Road between El Portal Drive and Appian Way in the community of El Sobrante. The scope of construction included:
sidewalk, curb, and gutter replacement to meet current ADA standards; installation of irrigations systems as well as trees and plants; install and adjustment of existing utility boxes and vaults by the construction contractor and utility agencies; installation of new public benches and garbage receptacles at AC Transit bus stops; and installation of new traffic detector loops. Ms. Holt’s responsibilities included full construction management to: inspection of construction operations; submittal review and approval; review of CPM progress schedules; preparation of monthly progress pay estimates; preparation of weekly statements of working days; preparation and administration of contract change orders; materials sampling and testing; photograph documentation of the work; coordination with the various utilities and transit agencies; and public outreach and attendance of chamber of commerce meetings.

Stormwater Field Compliance
Caltrans District 4; Northern CA
Administrative Assistant | The contract identified best management practices and corrective measures to bring projects throughout Northern CA into contract and regulatory compliance with National Pollutant Discharge Elimination System permit requirements. Her duties included administrative support for specific contract issues, taking monthly meeting minutes, preparing clear and comprehensive reports, maintaining hard copy and electronic office records, preparing correspondence such as memoranda, letters and reports, including confidential documents, and filing project files. She also set up new construction project files, managed branch data and submitted weekly reports.

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Packet Pg. 556 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump Scott Buckley, PE, PMP
Structural Inspector
Mr. Buckley has 30+ years of professional project, design, construction, and program management experience on transportation infrastructure projects throughout California. He is an innovative, passionate, and dynamic entrepreneur who utilizes creativity, leadership, and teamwork to develop solutions that provide customer value. He is an effective communicator with the ability to build and motivate teams to pursue, capture, and successfully deliver large complex infrastructure projects. Mr. Buckley is able to identify and implement strategies to reduce costs, increase revenue, and strengthen customer relationships. He has broad-based management skills, with strong planning, communication, organizational and decision-making ability to successfully direct concurrent projects. Mr. Buckley mentors staff and encourages a team environment for high levels of employee confidence and satisfaction.

Project Experience
Castro Ranch Boulevard
City of Richmond, Richmond, CA
Resident Engineer | This project is the pavement rehabilitation of Castro Ranch Road from Olinda Road to the Richmond City Limit in Richmond, California. The work includes, traffic control, environmental protection, removal and replacement of concrete curbs, removal of sidewalk, removal and replacement of AC dike, cold milling of asphalt pavement, wedge and conform grinding, pavement repairs. Thermoplastic traffic striping and traffic markings for new bike lanes, traffic dividers, pedestrian push buttons, removing and placing of signs and signposts, median landscaping, and as shown on the project plans. Mr. Buckley’s duties include management of the construction contract. This includes scope, schedule, budget, risk, communications, and quality management. Reviewing and responding to Contractor’s RFIs, technical submittals, and change order requests. Keeping the project files in accordance with Caltrans Construction Manual and Local Assistance Procedures Manual. Reviewing Contractor’s progress pay estimates, reviewing and writing contract change orders, manage project staff, inspection oversight, material testing, and project closeout.

Concord Bridges
City of Concord, Concord, CA
Resident Engineer/Structures Representative | This project rehabilitated 6 bridges throughout the City of Concord.

Work included a polyester overlay, bridge deck spall repair, ground anchors, soil nails, shotcrete, excavation around bridge piers and rock slope protection placement around the same bridge piers. All of the bridges were located over creeks, and required a risk level 2 SWPPP with multiple types of BMPs including dewatering a 100 foot section of Walnut Creek. Temporary traffic control was consistently changing depending on the work being performed during the closure and required adaptation of the closures performed for the task. Mr. Buckley’s duties include management of the construction contract. This includes scope, schedule, budget, risk, communications, and quality management.

Reviewing and responding to Contractor’s RFIs, technical submittals, and change order requests. Keeping the project files in accordance with Caltrans Construction Manual and Local Assistance Procedures Manual. Reviewing Contractor’s progress pay estimates, reviewing and writing contract change orders, manage project staff, inspection oversight, material testing, and project closeout.

Fair Oaks Bridge
City of Sunnyvale; Sunnyvale, CA
Resident Engineer | Located between Kifer Road and Evelyn Avenue, the Fair Oaks Bridge crosses over the Caltrain EXPERIENCE 30+ Years
TENURE W/GA <1 Years

EDUCATION
MBA, Golden Gate University,
San Francisco
BS, Civil Engineering (minor in
Engineering Management), Tufts
University, Medford, MA

REGISTRATION/CERTIFICATION
• Professional Civil Engineer, CA,
No. C52110
• Certified Project Management
Professional (PMP)

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Packet Pg. 557 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump

SCOTT BUCKLEY, PE, PMP

STRUCTURAL INSPECTOR
tracks and Hendy Avenue. The bridge was built in 1967, retrofitted in 1981 and 1993, and will undergo several improvements to address: Severe deck cracking/spalling, Inadequate bike lane width, No sidewalk on bridge, Structural deficiencies with Sufficiency Rating of 47.7, Existing pedestrian overcrossing non-compliance with ADA.

Construction activities will encompass: Bridge widening along the east side, New sidewalk on east side of the bridge and widen bike lanes, Removal of existing pedestrian overcrossing, Hendy Avenue realignment and improvement, Realignment of roadway along Fair Oaks connecting Hendy and Kifer, Intersection improvement, Water and sewer main replacements, Landscaping/guardrails/streetlights installation. 3rd Street Bridge Rehabilitation Project
City of San Francisco; San Francisco, CA
Project Principal | Mr. Buckley was the Project Principal responsible for leading a team to perform a condition assessment and rehabilitation design for an historic bascule bridge that was designed and built by Strauss in 1936. His primary responsibility included deck structural system redesign.

San Francisco-Oakland Bay Bridge Replacement
Caltrans; San Francisco/Oakland, CA
Contract Manager/Project Administrator | Mr. Buckley was the Contract Manager and Project Administrator for a $239.5 million contract with the State of California and MTC to design a replacement for the San Francisco – Oakland Bay Bridge. The work of this contract included design and construction support for ten separate construction contracts worth an estimated $6.8 billion. He represented the primary consultant, a Joint Venture of T.Y.Lin International and Moffatt & Nichol and worked on the project for 15 years. The team was comprised of 158 firms (approximately 1,300 people). Mr. Buckley’s responsibilities included writing, negotiating, and managing all contracts with the client (Caltrans) and subconsultants; preparation / analysis of financial statements and reports; coordinating, preparing for, and leading the discussion for each Board of Director’s meeting; control of budgets and the invoicing process; management of all bank accounts (authorized signatory); contractual reporting to the client; development and maintenance of project procedure; providing occasional guidance or interpretation of engineering/specification issues; management of accounting and administrative staff; Organization of staffing levels project-wide (new hires, transfers, layoffs etc…); and coordination of legal, insurance, and claim related issues.

Alemany 280/101 Interchange Phase II Retrofit
Caltrans; San Francisco, CA
Structures Representative | Mr. Buckley was the Structures Representative for the $24 million contract to seismically retrofit 6 C.I.P. box girder connector ramps. His responsibilities included contractor compliance with the contract documents, review/approval of shop drawings, and the preparation of contract change orders and monthly pay estimates. This contract was completed under budget and ahead of schedule.

James Donlon Boulevard Extension
City of Pittsburg; Pittsburg, CA
Structures Task Lead | Mr. Buckley developed the Project Study Report and Advanced Planning Studies following the 2012 Environmental Impact Report. The project consisted of constructing an approximately 1.7-mile long section of new roadway from Kirker Pass Road to the western property line of the planned Sky Ranch residential development, consisting of a two-lane rural arterial roadway in the undeveloped hills south of the city. The project also includes upgrading the adjoining Kirker Pass Road to a four-lane divided highway to urban standards. The construction cost is estimated at $220 million.

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Packet Pg. 558 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump 4 ATTACHMENT “B”

COMPENSATION
(Documented in Attachment A)

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Packet Pg. 559 Attachment: Attachment F-Agreement_Ghirardelli Associates Inc_20220316_Task Order #1_Anza Pump Station Repair CM (4930 : Anza Pump

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/28/2022
1 SUBJECT:

Appointments to the Planning Commission; Parks, Beaches & Recreation Commission; Beautification Advisory Committee; Emergency Preparedness & Safety Commission; and Open Space & Parkland Advisory Committee
RECOMMENDED ACTION:
1) Move to appoint three (3) applicants to the Planning Commission: for one partial term to expire March 2025 and two full terms to expire March 2026; 2) Move to appoint one (1) applicant to the Beautification Advisory Committee for a full term to expire March 2026, and seek to fill a second full term during a future recruitment; 3) Move to appoint one (1) applicant to the Emergency Preparedness & Safety Commission for a partial term to expire October 2023; and 4) Move to appoint one (1) applicant to the Open Space & Parkland Advisory Committee for a partial term to expire May 2024.

STAFF CONTACT:

Sarah Coffey, City Clerk
650-738-7307
[email protected]
BACKGROUND/DISCUSSION:

The City has recruited applicants for the Planning Commission; Parks, Beaches & Recreation Commission; Beautification Advisory Committee; Emergency Preparedness & Safety Commission; and Open Space & Parkland Advisory Committee to fill vacancies due to:
1) three (3) positions on the Planning Commission for a vacancy to fill one partial term to expire March 2025 and two full 4-year terms to expire March 2026; 2) one (1) position on the Parks, Beaches & Recreation Commission for a vacancy to fill one a partial term to expire May 2024;
3) two (2) positions on the Beautification Advisory Committee for full 4-year terms to expire March 2026;
4) one (1) position on the Emergency Preparedness & Safety Commission for for a vacancy to fill a partial term to expire October 2023; and 5) one (1) position on the Open Space & Parkland Advisory Committee for a vacancy to fill a partial term to expire May 2024.
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Pacifica City Council 2
March 28, 2022
Recruitment notices for the expiring terms on Planning Commission, Beautification Advisory Committee and the vacancy on Emergency Preparedness & Safety Commission were published in the Pacifica Tribune on February 9, 2022 and February 16, 2022. During the course of this recruitment, additional vacancies arose from resignations from the Parks, Beaches & Recreation Commission, Open Space & Parkland Advisory Committee and Planning Commission. The City opened these additional recruitments and extended the deadline for applications for the recruitments underway and advertised these opportunities in the Pacifica Tribune with additional publications on February 23, 2022 and March 2, 2022. These opportunities were also published on the City website; in the City’s “Connect With Pacifica” weekly e-newsletter; and on NextDoor.

The City received four (4) timely applications for the Planning Commission; one (1) timely application for the Parks, Beaches & Recreation Commission; one (1) timely application for the Beautification Advisory Committee; one (1) timely application for the Emergency Preparedness & Safety Commission; and one (1) timely application for the Open Space & Parkland Advisory Committee. Interviews were conducted by the City Council at a Special City Council Meeting on March 22, 2022.

One applicant who had indicated interest in Planning Commission and Parks, Beaches & Recreation Commission openings subsequently withdrew their application, leaving three (3) applicants for consideration for Planning Commission and no applicants at this time for Parks, Beaches & Recreation Commission. Additionally, there are two full-term positions to be filled for the Beautification Advisory Committee for expiring terms and only one application was received, it is recommended to consider appointment to one of the positions on the Beautification Advisory Committee at this time and re-open recruitment for the unfilled position at the next opportunity for Committee / Commission recruitments. The City will open recruitment for the vacancy on the Parks, Beaches & Recreation Commission during the regular recruitment period for the May 2022 expiring terms on that Commission in a future recruitment. The list of applicants under consideration for each committee and commission are attached.

Selection Process
Lists of all applicants from which timely applications were received for each committee / commission are attached as Attachment A - Planning Commission applicants, Attachment B - Parks, Beaches & Recreation Commission applicants, Attachment C - Beautification Advisory Committee applicants, Attachment D - Emergency Preparedness & Safety Commission applicants, and Attachment E - Open Space & Parkland Advisory Committee applicants.

Council may choose to deliberate as to the candidates that they would support to nominate for appointments to each of the open Committee or Commission seats. Council should then make a formal motion to appoint named applicants to each committee / commission. Each formal motion should specify which named individual(s) are nominated for appointment to full terms and which named individual(s) are nominated for appointment to a partial term of specified duration, if there are multiple positions to be filled for differing terms.

FISCAL IMPACT:

None associated with this item.

ORIGINATED BY:
9 Packet Pg. 561
Pacifica City Council 3
March 28, 2022
City Clerk
ATTACHMENT LIST:

Attachment A: List of Applicants - Planning Commission (PDF) Attachment B: List of Applicants - Beautification Advisory Committee (PDF) Attachment C: List of Applicants - Emergency Preparedness & Safety Commission (PDF) Attachment D: List of Applicants - Open Space & Parkland Advisory Committee (PDF) 9 Packet Pg. 562

CITY COUNCIL REGULAR MEETING
MARCH 28, 2022

APPOINTMENT TO

PLANNING COMMISSION
NEED 3:
•1 partial term to expire March 2025
• 2 full4-year terms to expire March 2026
Applicant Please 
Alex Ferguson
James Godwin
Greg Wright

9.a
Packet Pg. 563 Attachment: Attachment A: List of Applicants - Planning Commission [Revision 1] (4935 : Appointments to City Committees / Commissions:

CITY COUNCIL REGULAR MEETING
MARCH 28, 2022

APPOINTMENT TO

BEAUTIFICATION ADVISORY COMMITTEE
NEED 2:
• 2 full 4-year terms to expire March 2026
Applicant Please 
Ryann Hoffman

9.b
Packet Pg. 564 Attachment: Attachment B: List of Applicants - Beautification Advisory Committee (4935 : Appointments to City Committees / Commissions:

CITY COUNCIL REGULAR MEETING
MARCH 28, 2022

APPOINTMENT TO

EMERGENCY PREPAREDNESS & SAFETY COMMISSION
NEED 1:
• 1 partial term to expire October 2023
Applicant Please 
Peter Balestreri

9.c
Packet Pg. 565 Attachment: Attachment C: List of Applicants - Emergency Preparedness & Safety Commission (4935 : Appointments to City Committees /

CITY COUNCIL REGULAR MEETING
MARCH 28, 2022

APPOINTMENT TO

OPEN SPACE & PARKLAND ADVISORY COMMITTEE
NEED 1:
• 1 partial term to expire May 2024
Applicant Please 
Sarah Cardona

9.d
Packet Pg. 566 Attachment: Attachment D: List of Applicants - Open Space & Parkland Advisory Committee (4935 : Appointments to City Committees /