Agenda — Pacifica City Council, March 27, 2023 (part 1 of 2)

CITY OF PACIFICA

CITY COUNCIL AGENDA
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Tygarjas Bigstyck
Mayor pro Tem Sue Vaterlaus
Councilmember Sue Beckmeyer
Councilmember Mary Bier
Councilmember Christine Boles
City Council Regular Meeting 1 March 27, 2023

SPECIAL AND REGULAR MEETING
March 27, 2023 (MONDAY)
www.cityofpacifica.org
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BEFORE THE MEETING: Written public comments may be submitted in advance by 12:00 p.m. on the meeting date by email to: [email protected]. Written public comments submitted by email should adhere to the following:
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Written public comments received by 12:00 p.m. on the meeting date will be provided in their entirety to the City Council and posted to the City’s website prior to the meeting but will not be read verbally at the meeting.

AT THE MEETING: Materials in writing provided at the meeting should provide seven (7) copies to provide for each Councilmember, City Clerk and City staff.

City Council Regular Meeting 2 March 27, 2023
6:15 PM - CLOSED SESSION
00a. Conference with Real Property Negotiations (Government Code § 54956.8).

Property: 1220 Linda Mar Boulevard, Pacifica California. Agency Negotiation: Kevin Woodhouse, City Manager and Michelle Kenyon, City Attorney. Negotiating Parties:

North Coast County Water District. Under Negotiation: Price and terms of payment for Right of Entry Agreement.
7:00 PM OPEN SESSION
Call to Order
Roll Call
Reading of Land Acknowledgment
The City of Pacifica acknowledges that we occupy the unceded ancestral homeland of the Ramaytush Ohlone peoples, who are the original inhabitants of the San Francisco Peninsula. We honor the Ramaytush Ohlone peoples for their enduring commitment to Mother Earth. As the Indigenous protectors of this land and in accordance with their traditions, the Ramaytush Ohlone have never ceded, lost, nor forgotten their responsibilities as the caretakers of this place, as well as for all peoples who reside in their traditional territory. We affirm their sovereign rights as First Peoples and wish to pay our respects to the ancestors, elders, and relatives of the Ramaytush Ohlone peoples.

Salute to the Flag led by Mayor pro Tem Vaterlaus
Closed Session Report

SPECIAL PRESENTATIONS
A. Proclamation - Beth Phipps Retirement

CONSENT CALENDAR
Persons wishing to address the Council on any Consent Calendar item may do so at this time. Each speaker will be allotted three minutes. Those wishing to address the Council on any item listed on the agenda should submit a speaker card to the City Clerk.

Items on the consent calendar will be adopted by one motion unless a Councilmember requests, before the vote on the motion, to have an item discussed. Time limit on comments is three minutes or less.

1. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Regular Meeting held on March 13, 2023.

2. Ratification of Proclamation of Local Emergency related to March 2023 Storm Events PROPOSED ACTION: Adopt a Resolution ratifying the Proclamation of Local City Council Regular Meeting 3 March 27, 2023
Emergency related to March 2023 Storm Events by the City Manager acting as Director of Emergency Services issued on March 23, 2023.

3. Resolution approving the contract amendment with Regional Government Services for financial and system implementation consulting services.

PROPOSED ACTION: Move to approve a resolution authorizing the City Manager to extend the Consultant Services Agreement between the City of Pacifica and Regional Government Services (RGS) for Financial Services at the estimated additional cost of up to $179,590 to cover additional services related to implementation of the new Financial and Human Resources ERP system.

4. Resolution approving the contract amendment with Regional Government Services (RGS) for Economic Development consulting services.

PROPOSED ACTION: Approve a resolution authorizing the City Manager to extend the Consultant Services Agreement between the City of Pacifica and Regional Government Services for Economic Development services at the estimated additional cost of up to $65,000 to cover services through the next fiscal year.

5. FY 2023-24 Concrete Improvement Project
PROPOSED ACTION: Adopt the Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving the Construction Contract with Mercoza in an amount not to exceed $203,279.50 and a Master Services Agreement and Task Order No. 1 with Wilsey Ham in an amount not to exceed $65,120.00; Authorize a budget authority in the amount of $308,659.50, which includes contingencies in an amount not to exceed fifteen percent (15%) of the Construction Contract amounts; Authorize staff to Execute Future Change Orders and Task Orders not to exceed the contingency amount; and Authorize the Designated Personnel to Sign Contract Documents related to the FY 2023-24 Concrete Improvement Project.”

6. FY 2023-24 Pavement Resurfacing Project
PROPOSED ACTION: Adopt a Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving the Construction Contract with Pavement Coatings Co. in an amount not to exceed $1,568,829.20 and a Master Services Agreement and Task Order No. 1 with CSG Consultants, Inc. in an amount not to exceed $149,360.00; Authorize a budget authority in the amount of $1,975,917.00, which includes contingencies in an amount not to exceed fifteen percent (15%) of the Construction Contract amounts; Authorize staff to Execute Future Change Orders not to exceed the contingency amount; and Authorize the Designated Personnel to Sign Contract Documents related to the FY 2023-24 Pavement Resurfacing Project.”

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
This portion of the Agenda is available for the public to address the City Council on any issue that is not on the Agenda. Any person wishing to address the Council shall be recognized by the Mayor during this time, provided, however, that only items not on the agenda for that meeting may be addressed. All remarks shall be addressed to the Council as a body and not to any member thereof. Councilmembers shall not enter into debate with speakers under Public Comments on Items Not on the Posted Agenda. A maximum time of three minutes will be allowed for any speaker. Persons addressing the City Council Regular Meeting 4 March 27, 2023
City Council shall adhere to time limits and not disrupt the conduct of the meeting, and not make threats against any person or the public order. The Mayor, or their designee, may remove or cause the removal of an individual for disrupting the meeting, after providing the necessary warning pursuant to California Government Code Section 54957.95 with confirmation from the City Attorney that removal is appropriate.

COUNCIL COMMUNICATIONS
The purpose of Council Communications is for Councilmembers to inform each other of items of potential interest to other Councilmembers, such as interagency meetings.

STAFF COMMUNICATIONS
The purpose of Staff Communications is for the City Manager to offer announcements as appropriate.

PUBLIC HEARINGS - NONE.

CONSIDERATION

7. Accept Final Report, List of Opportunities & Timing of the Pacifica Economic Opportunities Study.

PROPOSED ACTION: Receive and accept the Final Report and List of Opportunities & Timing of the Pacifica Economic Opportunities Study.

8. Pacifica Police Department's First Annual RIPA Report PROPOSED ACTION: Receive the Pacifica Police Department's first annual Racial and Identity Profiling Act (RIPA) Report.

9. Process and timeline for review of Commission and Committee Charters PROPOSED ACTION: Discuss and provide direction to the City Manager about the process and timeline for review of Commission and Committee Charters.

10. Midyear Budget Review and Adoption of Resolution to Adjust the Fiscal Year 2022-23 Budget.

PROPOSED ACTION: Adopt a resolution authorizing the midyear FY 2022-23 Operating and Capital Budget adjustments.

ADJOURN
NOTICE: If you challenge a city's zoning, planning or other decision in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. Judicial review of any city administrative decision may be had only if a petition is filed with the court not later than the 90th day following the date upon which the decision becomes final. Judicial review of environmental determinations may be subject to a shorter time period for litigation, in certain cases 30 days following the date of the final decision The City of Pacifica will provide assistance for disabled citizens upon at least 24 hours advance notice to the City Manager’s Office (650) 738-7301, or send request via email to:

City Council Regular Meeting 5 March 27, 2023
[email protected] if you need sign language assistance or written material printed in a larger font or taped, advance notice is necessary. All meeting rooms are accessible to the disabled.

The Pacifica Municipal Code is available online at the City’s website (www.cityofpacifica.org/municode);

HOW TO OBTAIN CITY COUNCIL AGENDAS
Posted agendas:

Agendas are posted no later than Friday prior to the City Council meeting date, at the entrance to the City Hall location at the Pacifica Community Center, 540 Crespi Drive.

View on the Internet:

Follow the link to Council agenda, at www.cityofpacifica.org E-mail subscription:

Send a request to Sarah Coffey, at [email protected] City Clerk’s Office/City Manager’s Office
City Hall, 540 Crespi Drive
Council meetings:

Agendas are available at the City Council meeting

HOW TO REACH YOUR GOVERNMENT OFFICIALS
• Governor Gavin Newsom, State Capitol Building, Sacramento CA 95814 (916) 445-2841 • State Senator Josh Becker, 1528 So. El Camino Real, Suite 303, San Mateo CA 94402 (650) 212-3313 • Assembly Member Marc Berman, 721 Colorado Ave, Suite 101, Palo Alto CA 94303 (650) 324-0224 • Congresswoman Anna Eshoo, 698 Emerson Street, Palo Alto CA 94301 (650) 323-2984 • Senator Alex Padilla, B03 Russell Senate Office Building, Washington DC 20510 (202) 224-3553 • Senator Dianne Feinstein, #1 Post Street, Suite 2450, San Francisco CA 94104 (415) 393-0707 • President Joseph R. Biden, 1600 Pennsylvania Ave. NW, Washington DC 20500

CITY COUNCIL
• Mayor Tygarjas Bigstyck, tbigstyck@ pacifica.gov
• Mayor pro Tem Sue Vaterlaus, [email protected]
• Councilmember Sue Beckmeyer, [email protected]
• Councilmember Mary Bier, [email protected]
• Councilmember Christine Boles, [email protected]

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/27/2023
1 SUBJECT:

Approval of Minutes
RECOMMENDED ACTION:

Move to approve the minutes of the City Council Regular Meeting held on March 13, 2023.

STAFF CONTACT:

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

Move to approve the minutes of the City Council Regular Meeting held on March 13, 2023 (Attachment A).

FISCAL IMPACT:

None.

ORIGINATED BY:

City Clerk
ATTACHMENT LIST:

Attachment A: Minutes of 03-13-2023 Regular Meeting (PDF) 1 Packet Pg. 6

CITY OF PACIFICA

CITY COUNCIL MINUTES
Council Chambers
2212 Beach Blvd
Pacifica, CA 94044
Mayor Tygarjas Bigstyck
Mayor pro Tem Sue Vaterlaus
Councilmember Sue Beckmeyer
Councilmember Mary Bier
Councilmember Christine Boles
City Council Regular Meeting 1 March 13, 2023

REGULAR MEETING
March 13, 2023 (MONDAY)
www.cityofpacifica.org
Mayor Tygarjas Bigstyck called the meeting to order on March 13, 2023 at 7:05 PM 7:00 PM OPEN SESSION
Call to Order
Mayor Bigstyck called the meeting to order at 7:05 p.m
Attendee Name Title Status Arrived
Tygarjas Bigstyck Mayor Present
Sue Vaterlaus Mayor pro Tem Present
Sue Beckmeyer Councilmember Present
Mary Bier Councilmember Present
Christine Boles Councilmember Present
City Clerk Coffey took a verbal roll call.

Staff Present: Kevin Woodhouse, City Manager; Michelle Kenyon, City Attorney; Lisa Petersen, PW Director; Christian Murdock, Planning Director; Chris Clements, Acting Police Chief; Eddie Pastrano, Collection System Manager-Wastewater Div.; Anthony Schriver, PB&R Recreation Supervisor; Ken Fong, IT Analyst; Elizabeth Brooks, Management Analyst; Sarah Coffey, City Clerk.

Reading of Land Acknowledgment
Mayor Bigstyck read the Land Acknowledgement.

Salute to the Flag led by Councilmember Boles

CONSENT CALENDAR
Mayor Bigstyck asked Council if anyone wanted to pull an item from the Consent Calendar and, seeing no one, opened public comments. Also seeing no one, he closed public comments.

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Attachment: Attachment A: Minutes of 03-13-2023 Regular Meeting (5306 : Approval of Minutes) City Council Regular Meeting 2 March 13, 2023
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Mary Bier, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles

1. Approval of Disbursements for Dated 02/01/23 through 02/28/23.

PROPOSED ACTION: Move to approve attached lists of disbursements for 02/01/23 through 02/28/23.

2. Approval of Minutes
PROPOSED ACTION: Move to approve the minutes of the City Council Special and Regular Meeting held on February 27, 2023.

3. Continuation of Proclamation of Local Emergency of the Pacifica Coastline from Westline Drive to the End of Beach Boulevard.

PROPOSED ACTION: Accept report and make a determination that conditions of local emergency continue to exist within the Pacifica Coastline from Westline Drive to the end of Beach Boulevard.

4. Continuation of Proclamation of Local Emergency at the Anza Pump Station.

PROPOSED ACTION: Accept Report and Make a Determination that Conditions of Local Emergency Continue to Exist at the Anza Pump Station at the Pacifica State Beach.

5. Termination of Proclamation of the Existence of Local Emergency Regarding Novel (new) Coronavirus ("COVID-19”).

PROPOSED ACTION: (1) Adopt a Resolution Terminating the Proclamation of the Existence of Local Emergency Regarding Novel (new) Coronavirus (“COVID-19”); and (2) Receive informational update on AB 2449 regarding remote (teleconference) participation in public meetings by members of the legislative body and update on utilizing AB 2449 for a member’s remote participation during public meetings.

6. Annual Part-Time Salary Schedule Update
PROPOSED ACTION: Move to adopt the resolution approving the annual parttime salary schedule update that went into effect January 1, 2023.

7. Amendment No. 4 To Sublease Agreement between the City of Pacifica and the Art Guild of Pacifica
PROPOSED ACTION: Move to Adopt Resolution Approving Amendment No. 4 to Sublease Agreement between the City of Pacifica and the Art Guild of Pacifica (AGP). In addition to the Original Premises located at 1220 Linda Mar Boulevard, the AGP desires to lease the former Credit Union space, consisting of 770 rentable square feet located in the building on terms and conditions set forth within the amendment.

8. Contract with Maze and Associates for Auditing Services PROPOSED ACTION: Adopt the attached resolution to authorize the City Manager to renew a contract with Maze and Associates Accountancy Corporation to provide

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Attachment: Attachment A: Minutes of 03-13-2023 Regular Meeting (5306 : Approval of Minutes) City Council Regular Meeting 3 March 13, 2023
financial audit services for the fiscal year ended June 30, 2023 through June 30, 2025, with an option to extend the agreement for an additional two years through the fiscal year ended June 30, 2027.

PUBLIC COMMENTS ON ITEMS NOT ON THE POSTED AGENDA
Randy Berend, Pacifica, stated that he lived in Vallemar, and spoke about the beauty of it, and then expressed serious concerns about the negative results of falling trees, thus requesting that the city remove the trees.

Meghan Gallagher, Pacifica, stated she was an intern at Pacific Coast TV and reported on their open house on April 15, 1-5 p.m.

COUNCIL COMMUNICATIONS
Councilmember Boles attended the rotary and she and her husband presented best practices for construction of all electric energy-efficient homes. She attended the Leadership Council of San Mateo County training aspiring leaders for companies and non-profits in the county, and this was the first time for new Councilmembers. She referred to the goal setting meeting on Friday which helped them get to know each other and understand how they work, etc. She stated that Saturday’s meeting was great with many great comments from the public. She is still meeting with various department heads, recently with the Police Department. She mentioned that they use volunteer citizens to help them with paperwork, etc., and set up a neighborhood watch program to take away some burden on the police with non-emergency things. She met with Kathleen Wentworth from the San Francisco Airport Roundtable who is a former pilot and worked with Jackie Speier on airport noise. She stated that they are going to organize a 101 program to educate the public on airplane noise and the legal regulations, etc., and she will follow up with a session in Pacifica to help her understand our issues. She attended a meeting in Half Moon Bay after the Coastal Commission meeting, and she thought it was great to have the opportunity to meet them. She attended a Senior Services lunch with Mayor pro Tem Vaterlaus. This was her first event with all the seniors and she is amazed at what the community has done. She attended the Peninsula Clean Energy community action group and they talked about a new heat pump water heater turnkey program. She mentioned this program’s process for people to switch from gas to electric.

Mayor Bigstyck thought that was a good program, and he asked if she could tell him how expensive it was rewiring the electrical to get those heat pump water heaters.

Councilmember Boles stated that they used to need a 220 outlet and that was more difficult for houses with small electrical panels, but there are new ones coming out that work on 110 so having a regular outlet nearby would be enough. She then stated that she met with Josh Becker for the first time. They talked about climate bills that he is working on and housing bills.

She stated that he is a co-sponsor for SB4 which allow churches to develop affordable housing.

She was excited about the program, but she mentioned that affordable housing wants to be near public transportation and there is an exception (if you have one car share as part of the development). She didn’t think that would be enough to help those who can’t afford a car or can’t deal with traffic issues. They are making sure that CEQA review deals with hazards. She stated he is trying to learn about what cities think about what the state is forcing upon us with RHNA and how he can push back.

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Attachment: Attachment A: Minutes of 03-13-2023 Regular Meeting (5306 : Approval of Minutes) City Council Regular Meeting 4 March 13, 2023
Mayor pro Tem Vaterlaus stated that they had a special meeting to interview applicants for commissions and committees. She attended a Smart Coast California meeting where they had a woman from the Coastal Commission speak and an attorney who works on projects up and down the coast. She said it used to be a realtor program and now it is a totally separate nonprofit organization. She attended Ryan Marquez’ going away party and the goal setting meetings. She attended the Terra Nova sports fundraiser at the Moose Lodge. After that, she attended Pacifica Trivia at Pedro Point Brewery which was put on by Pacifica locals. They said they normally have six people but they got it out and there were about 34 people. She attended the senior lunch which was fun. She stated that the CCAG’s legislative meeting met for the first time in person in San Carlos, when the trees were falling and they couldn’t drive on Skyline.

They talked about the current legislative items of which very few have been approved. She stated that, at their regular CCAG meeting, they were awarded $200,000 for the safe route to school program on their consent calendar and, on their agenda, there was $900,000 for the Paloma overcrossing which was unanimously approved. She stated that they said that the coastside barely gets the funding they have. She stated that they had a discussion about fiber and they are doing fiber down the whole bayside and they were excited to add the north which was Daly City and Brisbane and nothing here, so she spoke about that. She stated that one of the Councilmembers said that they were on the project to bring fiber into Pacifica because they thought it was the best place to take fiber. She stated that she knows AT&T has some fiber but to set up fiber for the roads and they could put up sign boards and they could be changed in a minute with the fiber. They could sync the signals and, if there is a fire truck coming, they can change the signals on the other side so people stop which could save a lot of lives. They said they would look into Pacifica for fiber.

Councilmember Bier thanked Mike O’Neill for sending them information about the FEMA funding deadline on March 16, so if they haven’t applied for the FEMA funding for this last round of emergency storms, she recommended they do that as soon as they can. She stated that the past few weeks have been difficult for her and she thanked councilmembers for understanding.

She had to miss the committee and commission interviews but she read through everything; she thought it was nicer to see them in person and is sad she missed the interviews. She stated both days of goal setting was great, and she was impressed with how much work they got through and she was looking forward to the next session where they can put some strategies down and see what they can plan for next many years. She attended the PRC board meeting.

She referred to sharing information on the Peninsula division of California League of Cities meeting with MTC and HCD next Wednesday. She stated that she knows Meghan, the intern for PCTV, and she was proud of her and thought she did a great job.

Councilmember Beckmeyer stated that the committee and commission interviews happened the night after their Council meeting and it was exciting to see the breadth of people across town applying for the positions. The next day, she attended the Beautification Advisory Committee meeting and she will have information coming forward about the beautification awards and they voted on that for a residential project and for commercial project. She stated that there would have been two work days on Palmetto but one scheduled for Saturday got pulled because of the weather. There is another coming up on March 25 and will coincide with CalTrans clean up California initiative which runs for ten days. They were able to get that on the map for Pacifica.

The next day, Sunset Ridge Read Aloud Day, is a great experience and fun to read and be a public figure with the kids which she enjoys. She referred to the two Council goal setting meetings which included Council and staff and stated that it was lots of good time well spent.

They had two facilitators, one a team building session on Friday, and Saturday at the Community Center was more of strategic planning approach looking at where they were headed in the next 5-10 years. She stated that there will be another session coming up soon in early

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Attachment: Attachment A: Minutes of 03-13-2023 Regular Meeting (5306 : Approval of Minutes) City Council Regular Meeting 5 March 13, 2023
April to finalize all that. She then met with constituents in Pedro Point and Sharp Park on the same day and she then attended the Coastal Commission meeting on the 8th held at the Oceana Hotel in Half Moon Bay. She stated that one intriguing item on that agenda was the short-term rental item for Half Moon Bay: their approach is different than Pacifica’s but it was interesting to note there were many of the same concerns and issues. She referred to Councilmember Boles’ mention of the tour of the Pillar Point Harbor West Trail living shoreline project. She stated that, to check it out, you have to go as if you are going to go to Maverick’s and there is a parking lot at the end of the curved road which is where the project will be put in and it had to do with an eroding path. It is a protected bay but is different than our shoreline and there was erosion and a very interesting process of installing cobble under the ground and lots of sand they had to dredge out of another part of the harbor and it was convenient that they could move it there. She stated that the Harbor Master Mr. Pruett said, with the weather we had, if they were ever going to go out, it would have happened over this last time, but it didn’t.

She stated that there was a brief reception at Old Princeton Landing, and it was a great opportunity to do some networking with Coastal Commission staff and other elected officials.

Councilmember Bier stated that she found the information. She said she was on the executive committee of California League of Cities Peninsula Division and she would like to invite them to an hour-long webinar “Beyond the Housing Element” with resources, ideas and lessons for what is next; they could participate in a detailed presentation from MTC about the 6-cycle housing element and how many cities have submitted, what plans have been adopted, what does that all mean. She stated that it will be a jam-packed hour with the MTC and ACB both presenting which is on March 22 at noon. She stated that she forgot to mention the Youth Summit they are having on Saturday at Ingrid B. Lacy from 11:00-2:00, with youth-led workshops and focus groups, live podcast and tiktok corner. She stated it will be great.

Mayor Bigstyck stated his thoughts are with Ukraine. He attended the commission and committee interviews with fellow councilmembers. He was a liaison for the Pacifica Resource Center for their meetings every other month. He stated that they are just about fully staffed which was great news. He stated that they are underway implementing their updated strategic plan. He stated that lately their pantry shelves are largely bare and he suggested that anyone interested in donating food to the Pacifica Resource Center, it would be very welcome at this time. He stated that their annual fundraising event, Palmapalooza, will be in person for the first time since the pandemic. There will be more information on it soon, as well as their annual Mother’s Day card fundraiser. He attended the goodbye breakfast for Ryan Marquez; he stated it was sad to see him leaving but he wished him a lot of success. He went to Sunset Ridge for their read across America Day and had the opportunity to read the Sneetches by Dr.

Suess to Ms. Mooney’s kindergarten class. He then attended the team building for goal setting and strategic planning on the next day. He then has been wanting to know the Coastal Commissioners better and one of Josh Becker’s staffer thought he should have a chat with Charles Lester which he found informative in terms of getting background on the history of the Commission, and then he attended the meeting in Half Moon Bay. He stated that some revelations he took from that meeting was the Coastal Commission would prefer to be more involved in seeing more affordable housing developed along the coast and the streamlined process in the Coastal Act was taken out by the Mello bill in 1981. He found it interesting seeing efforts made on the state level to reenable them to help communities with the affordable housing component of their housing elements. He stated that they have lower staffing levels compared to what they would ideally have and it was interesting to watch their process and thinking about our similar process. He was interested in seeing them have their Half Moon Bay short term rental discussion. He stated that initially, Coastal Commission staff had recommended that the Commission allow 100 days for un-hosted short-term rentals when Half

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Attachment: Attachment A: Minutes of 03-13-2023 Regular Meeting (5306 : Approval of Minutes) City Council Regular Meeting 6 March 13, 2023
Moon Bay would have allowed 60 days for un-hosted short-term rentals. He stated that by the end of a thorough discussion, the Coastal Commission allowed Half Moon Bay to scale it back to 60 days. He met with various members the Coastal Commission staff, along with Commissioners, and enjoyed a tour of the Pillar Point Harbor project. He got to know one of the newer commissioners, Paloma Aguirre, Mayor of Imperial Beach, and thought it was fun connecting and trading stories and developing deeper relationships. He thought it might be nice to have a more person review with Kate Huckelbridge, their new director, and at that same time, Councilmember Beckmeyer was having a conversation with a staff member when he walked in the room and he thought it was an opportune moment to connect with both staffs. They had a nice meeting and he thought that our staff works very well with them. He thought our staffs will be working together on complex issues, such as the LCP, and they will let us know how it is going. He stated that some communication breaks down when they feel like they need more direction and they might come back to our staff. He enjoyed a housing element briefing with Councilmember Boles in preparation for the joint study session that will be happening next Tuesday.

STAFF COMMUNICATIONS
City Manager Woodhouse had several communications of which some have been partly mentioned. He referred to the incoming storm of the next few days, and stated that they have predicted very high winds and they will have to continue dealing with downed trees and powerlines, as well as rain. He encouraged the public to stay in and safe. As a result, they had to make the decision that tomorrow night’s Manor overcrossing community meeting scheduled at Council Chambers is going to be postponed to a future date to be determined. He referred to the Housing Element Joint Study Session with Planning Commission and City Council on the 21st. He stated that on the consent calendar there was the termination of the COVID-19 pandemic emergency which was approved. He stated one detail is that they will be transitioning at the March 27 Council meeting to a hybrid zoom format for the meetings with certain restrictions. Regarding public comment, their audio phone-in system will be transitioning to the telephone and zoom format for audio comments. The City Clerk and team will be putting that information out as part of the agenda, etc. He thought that, in the past year, the zoom capabilities have come a long way and they were able to implement this first pilot phase and so suggested everyone be patient as they implement this new technology.

PUBLIC HEARINGS - NONE.

CONSIDERATION

9. Notice of Completion for Wastewater Collections System Smoke Testing FY 2022-2023 Project
PROPOSED ACTION: Move to Adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion for the Wastewater Collections System Smoke Testing FY 2022-2023 Project.

PW Director Petersen introduced Collection System Manager Eddie Pastrano and Total Flow, Inc. Consultant Jeff Blum who completed the work and were present to answer questions, and thanked PW Dep. Director Marina Aguilar, who is sick and not present at this time, for putting the presentation together. She then presented the staff report.

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Attachment: Attachment A: Minutes of 03-13-2023 Regular Meeting (5306 : Approval of Minutes) City Council Regular Meeting 7 March 13, 2023
Councilmember Boles thanked PW Director Petersen for the report. She asked if PW Director Petersen wasn’t surprised that there weren’t more places with the smoke with all the issues of I&I in this area as she thought 32 wasn’t very many and some were minor.

PW Director Petersen stated that it is best when they can find a smoking gun. She thought there were some limitations to smoke testing and discovering all the problems in the collection system. She stated that you won’t get all the problems in smoke testing, adding that Mr. Blum can correct her if she is wrong, but she understood that, if they have cracks in bottom of the pipe, that may be something that they won’t get smoke coming out if they have ground water getting into that crack.

Consultant Blum was a little surprised they didn’t find more as they usually find 2-3 catch basins. They did find one and that will need further investigation because the smoke came to that delayed and it was intertwined differently. He believes there are other issues as he is looking at a lot of the clean-outs that they saw: The standard clean-outs are so old and have holes and they need to be looked at and replaced and sealed around the inside. He stated that it was pretty much all the cleanouts in the whole city as that is the standard of what you have.

He stated that they didn’t have internal caps and the idea behind not having internal caps is that, if the main sewer line were to back up, most cities want the sewer line to burp outside of the house and not burp in the house and they don’t want to put a solid cap on that inner clean up to prevent infiltration coming in. He stated that they have some ideas on how they will work on that as a problem.

Councilmember Boles asked if the clean-outs are the responsibility of the homeowner, as it is not on city property.

Consultant Blum agreed.

PW Director Petersen pointed out that what Consultant Blum was talking about is that the cleanout caps are very old and have holes in them and could be acting as drains and throughout the city there may be 1,000 of them.

Consultant Blum stated that you can see the inside as it is not really sealed inside that crispy box and when ground water comes up in the winter time, the water will leech into that. He stated that it will give you a slow tail coming into the sewer system where the holes and the cover are going to give you a quick response. He stated, based on slow monitoring, you can tell what your problems are.

Councilmember stated that the neighborhood he mentioned where the sewer laterals were, where they were starting a project soon, some of the main sewers are undersized; she asked if that was right and not I&I, but managing the water flow in that area.

PW Director Petersen thought the main issue is I&I and she would ask Collection System Manager Pastrano if he is as familiar with this project. She believes that there aren’t too many, if any, that were upsizing.

Collections System Manager Pastrano stated most of the I&I was coming from the laterals and the city crew went out right after the rainfall and didn’t open up manholes. They could see the neighborhoods that were flowing with rainwater coming through and they knew there was a problem with I&I, just not a big contributor in finding the jackpot. Throughout the subdivision, there was I&I coming from each private lateral.

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Attachment: Attachment A: Minutes of 03-13-2023 Regular Meeting (5306 : Approval of Minutes) City Council Regular Meeting 8 March 13, 2023
PW Director Petersen thought they were talking about the collection system rehabilitation and replacement project, which they are coming through and going to redo their mainlines.

Collections system Manager Pastrano stated that it will be upsized because it needs both to do that and they already had plans to do that so it could take more capacity. That section was the one where they went by and looked in the I&I coming through those.

PW Director Petersen stated that they will have to get back to them on what is getting upsized as she doesn’t have that information now.

Mayor pro Tem Vaterlaus stated that a couple of these items were in townhouses and they don’t have their own separate laterals for each unit, and she asked what happens in those cases.

PW Director Petersen stated that they would have to be contacting the homeowners board, have a conversation with them on how that is managed. She thought it would typically be managed by the board and they would be having conversations with them related to that.

Mayor pro Tem Vaterlaus stated that it could be multiple units that are impacted.

PW Director Petersen responded affirmatively.

Mayor Bigstyck stated that one comment letter they received had a procedural question and he thought it would be interesting to learn about this particular administrative function. The question is why would the project remain open and staff would not be able to move forward with performing other smoke testing in other areas that have high I&I rates and should they not adopt the resolution.

PW Director Petersen stated that they won’t move forward until they have one project closed out, specifically if there are questions or concerns that Council is having related to how they are doing the smoke testing; if there is a reason they aren’t closing a project out, there is usually some sort of problem and they don’t want to move forward with another project and also having those same problems.

Mayor Bigstyck opened public comments and, seeing no one, closed no public comments.

Councilmember Bier thanked them for their work, adding that most of the questions she had were asked and answered. She stated that one concern she had was when they start to move forward with folks they will be working hand in hand with solutions, she was happy to hear that.

Mayor Bigstyck echoed Councilmember Bier’s gratitude for doing this work.

Councilmember Boles moved to adopt the Resolution of the City Council of the City of Pacifica accepting completion and directing the City Manager to file Notice of Completion for the Wastewater Collections System Smoke Testing FY2022-2023 Project; seconded by Mayor pro Tem Vaterlaus.

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Attachment: Attachment A: Minutes of 03-13-2023 Regular Meeting (5306 : Approval of Minutes) City Council Regular Meeting 9 March 13, 2023
RESULT: ADOPTED [UNANIMOUS]
MOVER: Christine Boles, Councilmember
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles

10. Appointments to the Beautification Advisory Committee; Economic Development Committee; and Planning Commission
PROPOSED ACTION:
1) Move to appoint applicant(s) to the Beautification Advisory Committee for 3 full terms to expire March 2027;
2) Move to appoint an applicant to the Economic Development Committee for one partial term to expire October 2023;
3) Move to appointment applicant(s) to the Planning Commission for 2 full terms to expire March 2027.

City Clerk Coffey presented the staff report.

Mayor Bigstyck opened public comments and, seeing no one, closed public comments.

Mayor Bigstyck asked City Attorney Kenyon for their options on how they make the motion.

City Attorney Kenyon stated that what Council has done in the past was have deliberations and then they can get an idea of where the Council is going in terms of preferred candidates. There is no right way or wrong way, other than not do any secret balloting, and all five of them must do so.

City Clerk Coffey added that the lengths of the terms are all the same for the open positions so naming the applicants to appoint is sufficient.

Councilmember Beckmeyer suggested that they reappoint Gail Bennett and Julie Gossage as she has been working with the committee, seen the work they are doing and how that committee has come together. She remembers asking in the past that she didn’t know how long Julie Gossage has been on the committee and she asked the committee members before they were going to do the interviews if there was anything they were looking for and one thing that was loud and clear was a landscape architect and she has that qualification and is engaged in ongoing training, so that prompts her to nominate those two. She will let Council bring up other names.

Mayor Bigstyck stated he was impressed with all the candidates but, in particular, with Teresa Sulcer and Angela Perry, the latter of whom withdrew. He was impressed with the background that Teresa Sulcer brought to the table.

Councilmember Bier echoed what he said, i.e., all the people who come out are incredibly qualified candidates and we are so lucky to have such civically engaged people in our community and that spots open up all the time. If by chance they don’t get chosen at this time, she encourages them to come back again.

Mayor pro Tem Vaterlaus stated it was so nice to see so many applicants because sometimes they only have the exact number of applicants for the positions. While they still interview them, they just place them in the positions, and sometimes they don’t place them in a position going forward.

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Attachment: Attachment A: Minutes of 03-13-2023 Regular Meeting (5306 : Approval of Minutes) City Council Regular Meeting 10 March 13, 2023
Mayor Bigstyck stated that it was a happy occasion when this many people show up to participate in their community and he said to each one of them during the interviews that they reapply if they don’t get picked at this time. He asked if they had a discussion or a motion.

Mayor Bigstyck moved to appoint Gail Bennett, Julie Gossage, and Teresa Sulcer to the Beautification Advisory Committee each for full terms to expire March 2027; seconded by Councilmember Beckmeyer.

APPOINT GAIL BENNETT, JULIE GOSSAGE, AND TERESA SULCER TO THE

BEAUTIFICATION ADVISORY COMMITTEE EACH FOR FULL-TERMS TO EXPIRE MARCH 2027
RESULT: ADOPTED [UNANIMOUS]
MOVER: Tygarjas Bigstyck, Mayor
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Mayor Bigstyck stated that the next is Economic Development Committee. He stated that it is difficult when the candidate doesn’t show up for the interview, knowing they want the spot.

Councilmember Boles added that the applicant did want to be there and she was stuck in traffic coming back from Sacramento, and it wasn’t a lack of desire, but she found it difficult as well.

She thought both candidates offer good skills. She would love to hear from those on the Economic Development Committee in terms of whether there are certain skills that they are looking for.

Councilmember Beckmeyer stated that it is another example of a committee that is really coalescing well and working well together, with a lot of energy, exuberance and interest in digging into data and creating events such as the Blues and Brews event. She felt having someone who would be a good team player and work well with the team is the biggest thing.

Councilmember Bier agreed, adding that there is a wide variety on the committee now which is nice as they represent different parts of the community. She thought it was good when someone understands what it’s like to be a business owner in town which is helpful, but not necessary, but more about the willingness and commitment.

Mayor Bigstyck gave a reminder that it was a partial term.

Councilmember Boles thought, because of that, it makes more sense that they met knowing that the other can still apply again and they have a chance to meet her.

Councilmember Beckmeyer moved to appoint L. J. Jones to the Economic Development Committee for the partial term to expire October 2023; seconded by Mayor pro Tem Vaterlaus.

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Attachment: Attachment A: Minutes of 03-13-2023 Regular Meeting (5306 : Approval of Minutes) City Council Regular Meeting 11 March 13, 2023
APPOINT L. J. JONES TO THE ECONOMIC DEVELOPMENT COMMITTEE FOR THE PARTIAL TERM TO EXPIRE OCTOBER 2023
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Beckmeyer, Councilmember
SECONDER: Sue Vaterlaus, Mayor pro Tem
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles
Mayor Bigstyck stated that the Planning Commission is next. He stated that, having served with Lauren Berman, he felt she has been a fabulous chair and would like to reappoint her.

Councilmember Bier agreed with him.

Mayor pro Tem Vaterlaus stated she would second that.

Councilmember Boles stated that she was also the only civil engineer in the group and, on the Planning Commission, it was helpful to have those skills to review the drawings and understand projects.

Mayor Bigstyck asked if they could show them the full breadth of options.

Councilmember Boles stated that Caitlin Quinn is a friend of hers, has been very active in the short-term rentals, has done a lot of work to research the issues and look at what other cities have done, and was super smart and well-spoken. She stated that she spoke with her about the fact that they already have two planning commissioners in Sharp Park that had to recuse themselves from the Sharp Park Specific Plan and she was concerned as there are other projects coming up in the area and that would take out too many commissioners, even though she would be terrific.

Councilmember Bier agreed that she would be great, adding that, when she spoke with her and said there was a spot coming up and she was right on it.

Mayor pro Tem Vaterlaus thought they might need to take that into consideration in the future to make a map of where everyone is located so they don’t have huge issues with overlaps like this as it could cause a problem having three people in the same neighborhood and she reiterated that they need to take that into consideration and have a list of the other commissioners and where they are located.

Councilmember Beckmeyer asked the City Attorney, if they want to factor that into their deliberations, whether they would need to advertise that they are seeking a candidate not in a specific area.

City Attorney Kenyon stated that they would not, as the determination on who they are going to appoint is totally within the discretion of the Council; as long as their discretion is not used arbitrarily or capriciously, there should be no issue, and the fact that they are going to have several members on the same block that could present a problem in terms of conflict and that is a reasonable consideration to take into account when making appointments.

Councilmember Beckmeyer asked Mayor pro Tem Vaterlaus if she was saying that, if they have an issue in Sharp Park, they might have to seek three recusals out of seven. In that setting,

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Attachment: Attachment A: Minutes of 03-13-2023 Regular Meeting (5306 : Approval of Minutes) City Council Regular Meeting 12 March 13, 2023
she thought that all four would have to agree for a project to move forward or a decision to stand.

City Attorney Kenyon added that it would be to hear the item and act the item.

Mayor pro Tem Vaterlaus stated that often, when she was on the Commission, there were not seven present.

Councilmember Bier thought there should be, but she has noticed that in the past that there haven’t been as many present, especially during important issues that have come up. She wondered if other cities use the districting to recruit their committees and commissions.

City Attorney Kenyon stated that she has not heard about districting for Commission appointments but she advised on what she has seen in other communities where there are districts, noting that they have what would require a wholesale revamp of our code. They have had each district councilmember appoint a Planning Commissioner with approval of the full Council which is how they have dealt with districting, but she has never seen where the Commission appointees themselves must be from a specific district.

Councilmember Bier thought that will be a good part of their upcoming conversation one day.

Councilmember Beckmeyer stated that, regardless of geography, she wanted to say that Daniella Devine was a strong candidate as well and she thought from her breadth of experience and knowledge from the small business they run, and having worked with Planning Department on the other end, she had a good background for the purposes of what we need in terms of a Planning Commissioner.

Mayor Bigstyck agreed, adding that given her background, that tipped him a bit more in her direction over the other candidates and combined with the conversation on the realities of regionality, he thought she would be a good addition to the Planning Commission.

Councilmember Bier confirmed with Councilmember Boles that she spoke with Caitlin Quinn about her concerns.

Councilmember Boles responded affirmatively.

Councilmember Bier thanked her for doing that.

Councilmember Boles thought Daniella Devine’s experience of having gone through the process and expressed some frustrations are ideas she can bring back to try to improve the process and help educate homeowners. She stated that one question they don’t ask is whether they read drawings as not everyone does but she does as part of her work.

Mayor pro Tem Vaterlaus originally chose Caitlin Quinn, but she thinks that, with the difficulties with regions and not having enough members present, she thought that would be a problem.

She will change her choice to Daniella Devine.

Mayor pro Tem Vaterlaus moved to appoint Lauren Berman and Daniella Devine to the Planning Commission each for full terms to expire March 2027; seconded by Councilmember Beckmeyer.

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Attachment: Attachment A: Minutes of 03-13-2023 Regular Meeting (5306 : Approval of Minutes) City Council Regular Meeting 13 March 13, 2023

APPOINT LAUREN BERMAN AND DANIELLA DEVINE TO THE PLANNING COMMISSION EACH FOR FULL TERMS TO EXPIRE MARCH 2027
RESULT: ADOPTED [UNANIMOUS]
MOVER: Sue Vaterlaus, Mayor pro Tem
SECONDER: Sue Beckmeyer, Councilmember
AYES: Bigstyck, Vaterlaus, Beckmeyer, Bier, Boles

ADJOURN
Mayor Bigstyck adjourned the meeting at 8:35 p.m.

Transcribed by Barbara Medina, Public Meeting Stenographer.

Respectfully Submitted,
Sarah Coffey, City Clerk
__________________________
Tygarjas Bigstyck, Mayor

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Attachment: Attachment A: Minutes of 03-13-2023 Regular Meeting (5306 : Approval of Minutes)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/27/2023
1 SUBJECT:

Ratification of Proclamation of Local Emergency related to March 2023 Storm Events RECOMMENDED ACTION:

Adopt a Resolution ratifying the Proclamation of Local Emergency related to March 2023 Storm Events by the City Manager acting as Director of Emergency Services issued on March 23, 2023.

STAFF CONTACT:

Kevin Woodhouse, City Manager
(650) 738-7409
[email protected]
BACKGROUND / DISCUSSION:

On March 23, 2023, the City Manager, acting in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency pursuant to PMC 4-2.05(a) and executed the "Proclamation of the Existence of a Local Emergency" ("Proclamation").

The storm event that occurred on March 8, 9, 13, 14, 15, 19 and 21, 2023 resulted in dangerous conditions and public safety concerns and caused damages all around the Bay Area. The events brought intense rainfall and high winds and wind gusts. The events required flood management; clearing of inlets and drainage swales; and removal of downed trees, branches and hanging limbs.

Public Works, Fire, Police Departments, and other essential services staff have been working diligently through the storm events to keep the public safe.

On January 3, 2023, San Mateo County Board of Supervisors declared a state of emergency and activated the County's Emergency Operations Center (EOC) to coordinate resources and communication with local, regional, and state agencies.

On March 14, 2023, California Governor Newsom expanded the previous storm state of emergency to cover the March storm events.

The County also advised that a local State of Emergency Proclamation would need to be made by impacted cities.

The Council's approval of this item will ratify the Proclamation of Local Emergency related to March 2023 Storm Events by the City Manager issued on March 23, 2023.

FISCAL IMPACT:

To be determined. The Proclamation of Local Emergency is a prerequisite for requesting state or federal assistance. The City will seek to recover expenses related to preparation, repair, and recovery from this storm event.
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ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

ATTACHMENT A - Proclamation of a Local Emergency Related to the MAR 2023 Storm Events (PDF)
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RESOLUTION NO. __-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA RATIFYING THE

PROCLAMATION OF THE EXISTENCE OF A LOCAL EMERGENCY RELATED TO THE MARCH 2023 STORM EVENTS
WHEREAS, Section 4-2.05 of the City of Pacifica Municipal Code ("PMC") designates the City Manager as the Director of Emergency Services; and WHEREAS, Government Code section 8630 and PMC section 4-2.05(a) empower the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the said City is affected or likely to be affected by an emergency, subject to ratification by the City Council; and
WHEREAS, Section 4-2.02 of the PMC defines "emergency" as the "actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within this City caused by such conditions as earthquake, hazardous materials, plane crash, landslide, tsunami, epidemic, flood, riot, fire, or other conditions, including conditions resulting from a labor controversy, which conditions are or are likely to be beyond the capability of control of the services, personnel, equipment, and facilities of this City, requiring the combined forces of other political subdivisions to combat"; and WHEREAS, Section 4-2.01 et seq. of the Pacifica Municipal Code empowers the Director of Emergency Services to proclaim the existence or threatened existence of a local emergency when the City Council is not in session, subject to confirmation by the City Council; and
WHEREAS, conditions of extreme peril to the safety of persons and property have arisen within the City of Pacifica caused by recent wet weather events, including flooding and damaging wind storms, occurring on March 8, 9, 13, 14, 15, 19 and 21, 2023, at which time the City Council of the City of Pacifica was not in session; and WHEREAS, the City Manager has determined that wet weather events, including flooding and wind storms, threaten the health and safety of persons and properties, including critical public infrastructure, due to the risk of flooding and damaging winds requiring immediate attention and repair and, as such, constitutes an emergency pursuant to Pacifica Municipal Code section 4-2.02 and Public Contract Code section 1102; and WHEREAS, such conditions are beyond the handling capability of the City's services, personnel, equipment, and facilities, requiring the use of outside contractors to conduct emergency repair pursuant to Pacifica Municipal Code section 3-15.09 without giving notice for bids to let the contract, pursuant to Public Contract Code 22050; and WHEREAS, on March 23, 2023, the City Manager, in his capacity as Director of Emergency Services, proclaimed the existence of a local emergency in the City of Pacifica after determining that wet weather conditions are likely to create conditions of disaster or 2 Packet Pg. 22
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extreme peril which will be beyond the services, personnel and equipment and facilities of the City; and such proclamation is attached hereto as Attachment A; and WHEREAS, in accordance with Government Code section 8630 and PMC section 4-

2.05(a) the City Council must take action to confirm the proclamation within 7 days of the proclamation of local emergency.

NOW, THEREFORE, BE IT RESOLVED that said Proclamation of Existence of a Local Emergency, as issued by said City Manager in his capacity as Director of Emergency Services, which is attached hereto as “Attachment A," is hereby ratified and approved by the City of Pacifica City Council;
BE IT FURTHER RESOLVED that said local emergency is confirmed to exist and shall be deemed to continue to exist until its termination is proclaimed by the City Council of the City of Pacifica;
BE IT FURTHER RESOLVED that during the existence of this local emergency, the powers, functions, and duties of the Director of Emergency Services and the emergency organization of the City of Pacifica shall be those prescribed by state law, by the existing ordinances and resolutions of the City of Pacifica, as well as this resolution and any subsequent emergency orders of the City Council.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 27th day of March, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 2 Packet Pg. 23
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Attachment A
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Attachment: ATTACHMENT A - Proclamation of a Local Emergency Related to the MAR 2023 Storm Events (5307 : Proclamation of Local

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/27/2023
1 SUBJECT:

Resolution approving the contract amendment with Regional Government Services for financial and system implementation consulting services.

RECOMMENDED ACTION:

Move to approve a resolution authorizing the City Manager to extend the Consultant Services Agreement between the City of Pacifica and Regional Government Services (RGS) for Financial Services at the estimated additional cost of up to $179,590 to cover additional services related to implementation of the new Financial and Human Resources ERP system.

STAFF CONTACT:

Yulia Carter, Assistant City Manager
(650) 501-6004
[email protected]
BACKGROUND/DISCUSSION:

RGS serves exclusively public sector agencies with its team of public sector experts to provide a customized solution to a variety of unique organizational needs.

The City entered into an agreement with RGS for Financial Services under the City Manager's authority in January 2022 to bring professional consulting expertise and provide technical services related to routine Financial Services activities, following the retirement of the City's tenured Finance Manager in December 2021. That vacancy created a significant gap in the City's already small Finance team, leaving holes in the Finance Department service level and institutional knowledge.

Due to continuing critical need for these services, as a result of recruitment challenges in filling the vacancy, the City Council approved the extension of this agreement with additional purchase authority of $30,000 in October 2022. In the meantime, the City had to open the Finance Manager recruitment multiple times until the position was reclassed to the Deputy Finance Director in FY 2022-23 budget, and subsequently filled a few months ago.

The services provided under the original contract were performed by Matt Pressey, who has extensive knowledge and years of experience serving and advising several California agencies on financial matters. include the annual audit assistance, preparation of journal entries, general ledger reconciliations and complex adjusting entries, bank reconciliations, quarterly closures, and reporting.

As the new Deputy Finance Director came onboard and other Finance Department vacancies are being filled, the scope of original work under this engagement is being gradually reduced and shifted towards the long-overdue project of ERP system selection and contract negotiation and preparation for the implementation of the new financial system.

As the City is now on the journey to have the new ERP system implemented in the next two 3 Packet Pg. 26
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years, there is a dire need for a deep knowledge and expertise to move forward the project and fulfill the project management role during the implementation.

The FY 2022-23 Adopted budget included allocation for a two-year limited term ARPA-funded Sr. Accountant position at $179,590 annual cost to help with the ERP implementation. Due to ongoing recruitment challenges and the highly unique expertise and skillset requirement for the job in both municipal accounting and systems implementation, the City was not able to fill this vacancy.

With RGS proven track record in financial management and systems implementation and Mr.

Pressey’s knowledge, expertise and familiarity with the City’s chart of accounts, general ledger and current accounting system, it is only fitting to reallocate the unused funds budgeted for the Senior Accountant position towards the RGS contract to ensure a smooth ERP implementation which is estimated to take at least 18 months.

ALTERNATIVE ACTION:

The Council may choose not to approve the contract amendment and/or provide staff with alternative directions such as re-opening the recruitment for the Senior Accountant position.

However, exercising this option will result in delays in the ERP implementation and potentially lead to an increased backlog in the City's day-to-day financial operations.

FISCAL IMPACT:

There is no FY 2022-23 fiscal impact associated with this action. The requested amendment is estimated at an additional $179,590 already budgeted for the full year of the fully burdened cost of the Sr. Accountant position that remains unspent. Reallocating these one-time funds towards the contract cost for a consultant who is already familiar with City’s financial structure and chart of accounts would set this project for success and will potentially result in savings compared to the cost of a two-year Sr. Accountant position.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:
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RESOLUTION NO. ___-2023

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

APPROVING AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE

CITY AND REGIONAL GOVERNMENT SERVICES (RGS) TO INCLUDE ADDITIONAL

CONSULTING SERVICES RELATED TO ERP IMPLEMENTATION
WHEREAS, the City has entered, under the City Manager's purchasing authority, into an agreement with RGS to assist the City with routine financial services, including bank reconciliations, quarterly and year-end closures, audit work, and preparation of the Annual Comprehensive Financial Report (ACFR) due to several vacancies in the Finance Department; and
WHEREAS, the additional financial consulting services are needed to provide consulting services related to ERP implementation; and
WHEREAS, the FY 2022-23 Adopted budget includes unspent allocation due to the failed recruitment for a two-year limited term ARPA-funded Senior Accountant position created for the purpose of ERP implementation at a fully-burdened annual cost of $179,590; NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica, California, to authorize the City Manager to execute the necessary amendments to extend the existing contract with RGS and include additional services related to ERP system implementation, not exceeding the budget authority of $179,590.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 27th day of March, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/27/2023
1 SUBJECT:

Resolution approving the contract amendment with Regional Government Services (RGS) for Economic Development consulting services.

RECOMMENDED ACTION:

Approve a resolution authorizing the City Manager to extend the Consultant Services Agreement between the City of Pacifica and Regional Government Services for Economic Development services at the estimated additional cost of up to $65,000 to cover services through the next fiscal year.

STAFF CONTACT:

Yulia Carter, Assistant City Manager
(650) 501-6004
[email protected]
BACKGROUND / DISCUSSION:

The City entered into an agreement with RGS for Economic Development Services under the City Manager's authority in September 2021 to bring professional consulting expertise and provide technical assistance related to the Economic Development activities. The services are being provided by Brian Moura, who has extensive knowledge, expertise and years of experience serving and advising several California public agencies on economic development matters. Also, Mr. Moura’s familiarity with Pacifica’s financial conditions, unique needs, organizational structure and key stakeholders, as per his previous engagement with the City on the Civic Center financing strategy, uniquely qualifies him to provide these services in the most efficient manner.

Under this agreement, RGS provided consulting guidance and advisory services in all functional areas of Economic Development, specifically on developing the scope and timeline for the Vision 2025 & Beyond Fiscal Sustainability Plan to achieve Pacifica’s future vision and fulfill the Council’s Strategic Goals related to Economic Development, as well as assistance with other economic development projects and initiatives as needed. The consulting services provided under this engagement are especially critical and valuable due to the City’s recruitment challenges in filling the Economic Development Manager position.

The City achieved significant Economic Development accomplishments while utilizing consulting services under this contract, including, but not limited to the following:
• developed components for the Vision 2025 project that contained analysis of financial sustainability and revenue enhancement strategies;
• completed Pacifica’s marketing study that included: Audience and Business research, Gap Assessment & Opportunities, and Marketing Campaign Concepts & Vision.

Launched the multi-year Marketing Plan with implementation of top two marketing opportunities earlier this year: Shop Pacifica eGift Card (driving more residents and visitors to shop at Pacifica Businesses), and Workcations in Pacifica (driving more 4 Packet Pg. 29
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occupancy at Pacifica Hotels);
• developed the project scope, prepared and managed RFP for the Economic Opportunities Study in Pacifica, and worked closely with the selected firm (Kosmont) to bring this project to completion with the final Economic Opportunities Study report being presented for Council’s acceptance as a separate agenda item tonight.

With the Economic Opportunities Study now moving into the implementation phase, it will require specialized project management expertise and focus that RGS can provide to this project.

It is critical for the City to continue utilizing the Economic Development Advisory services with RGS to continue staying on track with the Economic Development Program goals and objectives. The consultant will assist with the implementation of items listed in the short-term category of the Economic Opportunities Study and support other economic development projects and initiatives that are currently underway. It is important to highlight that the City currently does not have solely designated staff members or specialized in-house Economic Development expertise to provide these services, but we hope to be able to fill the Economic Development Manager position in the near future.

ALTERNATIVE ACTION:

The Council may choose not to approve the contract amendment and/or provide staff with alternative directions. However, exercising this option will limit the staff’s ability to deliver on the Economic Development program goals and Council priorities.

FISCAL IMPACT:

The FY 2022-23 impact of this amendment is estimated at an additional $15,000 for the remainder of the fiscal year. If approved, the remaining $50,000 of the requested amount will be added to the FY 2023-24 Base Budget during the budget development process.

ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:
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RESOLUTION NO. ___-2023

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

APPROVING AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE

CITY AND REGIONAL GOVERNMENT SERVICES (RGS) TO CONTINUE PROVIDING

ECONOMIC DEVELOPMENT CONSULTING SERVICES
WHEREAS, the City Council adopted the Vision 2025 & Beyond Purpose Statement, defining the project as a strategic planning process to help envision Pacifica’s mid and longterm future; and WHEREAS, the City has entered, under the City Manager's purchasing authority, into an agreement with RGS to assist with Economic Development Program and further define the Vision 2025 & Beyond scope, including the economic development component of the project; and
WHEREAS, the Economic Opportunities Study, as a component of the Vision and Beyond project, is now completed and additional consulting services are needed for the implementation of the Study and other related economic development projects; NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica, California, to authorize the City Manager to execute the necessary amendments to extend the existing contract with RGS for additional economic development services, not exceeding the additional budget authority of $65,000.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 27th day of March, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/27/2023
1 SUBJECT:

FY 2023-24 Concrete Improvement Project
RECOMMENDED ACTION:

Adopt the Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving the Construction Contract with Mercoza in an amount not to exceed $203,279.50 and a Master Services Agreement and Task Order No. 1 with Wilsey Ham in an amount not to exceed $65,120.00; Authorize a budget authority in the amount of $308,659.50, which includes contingencies in an amount not to exceed fifteen percent (15%) of the Construction Contract amounts; Authorize staff to Execute Future Change Orders and Task Orders not to exceed the contingency amount; and Authorize the Designated Personnel to Sign Contract Documents related to the FY 2023-24 Concrete Improvement Project.” STAFF CONTACT:

Raymund Donguines, P.E., Senior Civil Engineer
(650) 738-3768
[email protected]
Roland Yip, P.E., DPW Deputy Director
(650) 738-3771
[email protected]
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

The FY 2023-24 Concrete Improvement Project will install 25 new ADA-compliant curb ramps, repair sidewalks, curb and gutters and other miscellaneous related work within the limits of the pavement resurfacing work. The project will be funded by Measure W funds.

The Project was advertised on February 1, 2023, and February 8, 2023, in accordance with the formal bid process. Thirty-three (33) companies requested plans and specifications and ten (10) companies submitted bids. On February 23, 2023, the bid opening was held via Zoom by the City Clerk and the result is as follows:
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Pacifica City Council 2
March 27, 2023
Company Bid
Mercoza $203,279.50
Rosas Brothers Construction $259,565.00
Villalobos and Associates Inc. $259,780.00
RK Engineering INC $283,778.00
Terocons Inc. $317,900.00
Kerex Engineering $368,300.00
FBD Vanguard Construction, Inc. $461,853.00
golden bay construction, inc. $529,549.00
DRYCO Construction, Inc. $585,935.00
NBC Construction and Engineering, Inc. $789,749.30
The apparent low bidder is Mercoza with a bid amount of $203,279.50. All required documentation was submitted with their bid. Mercoza has performed several of the City’s projects in the past and their work has been satisfactory. As there are sufficient project funds approved as part of the FY 2022-2023 budget, the City Manager recommends the award of contract (Attachment "A") to the apparent low bidder, Mercoza. In addition, a 15% contingency is recommended to allow enough funding to handle any additional improvements that are identified during construction.

Wilsey Ham is on the City’s Consultant On-Call List and is a full-service engineering firm that specializes in local agency staff augmentation work including construction management and inspection work. Not only do they have the expertise in construction inspection and management for this type of project, but are also familiar with City standards. Therefore, staff recommends approval of the Master Agreement and Task Order No. 1 between the City of Pacifica and Wilsey Ham (Attachment "B") for the construction management, inspections and material testing of this project in an amount not to exceed $65,120.00.

ALTERNATIVE ACTION:

Council may choose not to adopt the resolution and not approve the construction contract.

However, this will result in project delays and possible increase in construction cost. Staff does not recommend this alternative action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the construction contract is consistent with the following Council adopted Goals:
• Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as city hall, the libraries, fire stations, etc., improving streets, and responding to impacts of sea level rise. This construction project will improve the existing pedestrian network by installing ADA-compliant curb ramps.

FISCAL IMPACT:

The following is the source and use of funds for the project:

Total Project Source and Use of Funds
Measure W $ 543,000.00
Total Source of Funds $ 543,000.00
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March 27, 2023
FY 2023-24 Concrete Improvement Project $ 308,659.50
Total Use of Funds $ 308,659.50
Project End Balance $ 234,340.50
The remaining funds will go back to Street Construction Fund 09 to fund FY 2023-24 Pavement Resurfacing Project.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment "A" - Construction Contract with Mercoza (PDF) Attachment "B" – Master Agreement and Task Order No. 1 between City of Pacifica and Wilsey Ham (PDF)
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March 27, 2023
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE

CONSTRUCTION CONTRACT WITH MERCOZA IN AN AMOUNT NOT TO EXCEED $203,279.50 AND A MASTER SERVICES AGREEMENT AND TASK ORDER NO. 1 WITH WILSEY HAM IN AN AMOUNT NOT TO EXCEED $65,120.00; AUTHORIZE A BUDGET AUTHORITY IN THE AMOUNT OF $308,659.50, WHICH INCLUDES CONTINGENCIES IN AN AMOUNT NOT TO EXCEED FIFTEEN PERCENT (15%) OF THE CONSTRUCTION CONTRACT AMOUNTS; AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS AND TASK ORDERS NOT TO EXCEED THE CONTINGENCY AMOUNT; AND AUTHORIZE

THE DESIGNATED PERSONNEL TO SIGN CONTRACT DOCUMENTS RELATED TO THE FY 2023-24 CONCRETE IMPROVEMENT PROJECT.

WHEREAS, consistent with the City of Pacifica’s Bidding Procedures for Public Projects (Municipal Code Title 3 Chapter 15) the City of Pacifica advertised the Request for Bids for FY 2023-24 Concrete Improvement Project on February 1, 2023, and February 8, 2023; and WHEREAS, the low bidder was Mercoza; and
WHEREAS, the City requested proposals from Engineering companies on the City’s OnCall List for the Construction Management, Inspection and Testing services; and WHEREAS, the City evaluated Wilsey Ham’s proposal, and is satisfied they can successfully complete the work and has been satisfied with their services on past City projects.

NOW, THEREFORE BE IT RESOLVED that the Governing Board of the City of Pacifica authorizes entering into the construction contract and agreement for the FY 2023-24 Concrete Improvement Project and that the person/s who are listed below are authorized to sign the project contract documents for the Governing Board.

NAME TITLE SIGNATURE
Kevin Woodhouse City Manager _______________________
Lisa Petersen Director of Public Works _______________________ Roland Yip Deputy Director of Public Works _______________________ 5 Packet Pg. 35
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March 27, 2023
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 27th day of March, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

CITY OF PACIFICA
540 Crespi Drive, Pacifica, CA 94044

CONSTRUCTION SERVICES AGREEMENT
FY 23-24 CONCRETE IMPROVEMENTS PROJECT
DATE: MARCH 27, 2023

1. IDENTIFICATION OF CONTRACTOR:

CONTRACTOR: MERCOZA
CALIFORNIA LICENSE NO: 988861 CLASS: A - General Engineering Contractor

2. SCOPE OF THE WORK
See Scope of Work attached as Appendix A.

COMPENSATION FOR WORK. Contractor’s total compensation for the Work performed under this Agreement (Contract Sum) is $203,279.50 to be paid as (check one): (1)  lump sum; (2)  lump sum with progress payments; (3)  per attached schedule of rates and charges, up to a guaranteed not-to-exceed amount of $__________. All payments (check one): shall  shall not be subject to a five percent (5%) retention.

3. SCHEDULE OF PERFORMANCE FOR THE WORK. Contractor shall commence and complete the Work by the following dates:

Commencement Date shall be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.

Substantial Completion Date: Within 50 working days of Commencement Date.

Final Completion Date: Within 50 working days of Substantial Completion.

3.01 Liquidated Damage Amounts.

A. As liquidated damages for delay Contractor shall pay Owner Three Thousand Two Hundred dollars ($3,200.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

B. As liquidated damages for delay Contractor shall pay Owner Three Thousand Two Hundred dollars ($3,200.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

3.02 Scope of Liquidated Damages
Contractor and Owner agree that because of the nature of the Project, it would be impractical or extremely difficult to fix the amount of such actual damages incurred by Owner because of a delay in completion of all or any part of the Work. Contractor and Owner agree that specified measures of liquidated damages shall be presumed to be the amount of such damages actually sustained by ATTACHMENT "A"

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project)

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23
-24 CONCRETE IMPROVEMENTS PROJECTMERCOZA AGREEMENT– Page 3 Addresses for Notices: Addresses for Notices:

Mercoza City of Pacifica
75 E. Santa Clara Street, Suite 900 540 Crespi Drive
San Jose, CA 95113 Pacifica, CA 94044

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 4 Appendix A to Construction Services Agreement

SCOPE OF WORK
The project includes new concrete sidewalks, ADA curb ramps, curb and gutter, installing hot mix asphalt and other miscellaneous work described in the Plans and Specifications entitled: FY 23-24 Concrete Improvements Project.

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 5 Appendix B to Construction Services Agreement

GENERAL CONDITIONS
ARTICLE 1 TERMS OF PERFORMANCE
Construction Services Agreement (Agreement) Force and Effect. The provisions of the Agreement and other Contract Documents constitute the entire agreement between the Contractor and Owner regarding the Work described herein. No representation, term or covenant not expressly specified in the Contract Documents shall be a part of the parties’ agreement. The Agreement and other Contract Documents shall govern the Work (whenever performed), and shall supersede all other purchase orders and agreements between Contractor and Owner, and any proposal, with respect to the Work.

Construction Performance Bond; Construction Labor and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.

If Contract Sum under the Agreement exceeds (or is expected to exceed) $25,000, Contractor shall provide (i) a construction labor and material payment bond, in accordance with Civil Code Section 9550 and in form attached hereto Appendix D – Construction Labor and Materials Payment Bond, and (ii) a construction performance bond in form attached hereto as Appendix E – Construction Performance Bond. Contractor may not substitute cash in lieu of the required bond(s).

If the Agreement specifies performance retention, Contractor may elect to substitute securities or direct payment to an escrow account, pursuant to Public Contract Code Section 22300 (incorporated herein by this reference).

Records and Payment Requests. Contractor shall submit all billings with all necessary invoices or other appropriate evidence of proper performance, after which Owner shall make payment within 30 days. Upon Owner’s written request, Contractor shall make available to Owner, its authorized agents, officers, or employees, any and all ledgers, books of accounts, invoices, vouchers, cancelled checks, and other records or documents evidencing or relating to the Work or the expenditures and disbursement charged to Owner, and all correspondence, internal memoranda, calculations, books and accounts, records documenting its Work under the Contract Documents, and invoices, payrolls, timecards, records and all other data related to matters covered by the Contract Documents.

Contractor shall furnish to Owner, its authorized agents, officers, or employees, such other evidence or information as Owner may require with regard to the Work or any such expenditure or disbursement charged by Contractor. Contractor shall maintain all such documents and records prepared by or furnished to Contractor during the course of performing the Work for at least five years following completion of the Work, except that all such items pertaining to hazardous materials shall be maintained for at least 30 years. Contractor shall permit Owner to audit, examine and make copies, excerpts and transcripts from such records. The State of California or any federal agency having an interest in the subject of the Contract Documents shall have the same rights conferred to Owner by this section. Such rights shall be specifically enforceable.

Use of Contract Documents and Other Information. Drawings, Specifications, and other Contract Documents are made available to Contractor solely for Contractor’s use under the Contract Documents. Further, all tangible and intangible property developed, produced and/or provided by Contractor under the Contract Documents, and all such items (other than Contract Documents) provided by Owner to Contractor in connection with the Contract Documents including, without limitation, drawings, specifications, sketches, models, samples, tools, computer programs, technical information, confidential business information, scripts, customer or personnel information and data, whether written, oral or otherwise (all hereinafter referred to as Information) shall be Owner’s sole property. Contractor may not use Contract Documents or Information for

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 6 any purpose unrelated to Contract Documents without Owner’s prior written consent. All copies of Information in written, graphic or other tangible form shall be delivered to Owner upon completion of Work, or earlier if otherwise provided in Contract Documents.

Performance of Work/No Assignment. Time is of the essence in the performance of the Work.

Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by Owner, and with applicable laws, codes, and all applicable industry standards.

Contractor shall maintain its work area in a clean and sanitary condition, clear debris and trash at the end of each work day, and shall not damage or disrupt any property unless specifically part of the scope of the Contract Documents. Contractor shall not contract any portion of the Work or otherwise assign the Contract Documents without prior written approval of Owner. (Contractor shall remain responsible for compliance with all terms of the Contract Documents, regardless of the terms of any such assignment.) Contractor shall permit Owner (or its designees) access to the work area, Contractor’s shop, or any other facility, to permit inspection of the Work at all times during construction and/or manufacture and fabrication. The granting of any progress payment, and any inspections, reviews, approvals or oral statements by any Owner representative, or certification by any governmental entity, shall in no way limit or relieve Contractor from its obligations under the Contract Documents. Either party’s waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of the Contract Documents, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive that party’s right thereafter to enforce or compel strict compliance with every provision hereof. Owner shall have, at all times, set-off rights with respect to any payment and Contractor’s failure to perform the terms of the Contract Documents.

Defective Work; Warranties. Contractor warrants that all construction services shall be performed in accordance with generally accepted professional standards of good and sound construction practices, all Contract Documents requirements, and all laws, codes, standards, licenses, and permits. Contractor warrants that all materials and equipment shall be new, of suitable grade of their respective kinds for their intended uses, and free from defects. Contractor hereby grants to Owner for a period of one year following the date of completion its unconditional warranty of the quality and adequacy of all of the Work including, without limitation, all labor, materials and equipment provided by Contractor and its Subcontractors of all tiers. If either prior to completion of the Work, or within one year after completion, any Work (completed or incomplete) is found to violate any of the foregoing warranties (Defective Work), Contractor shall promptly, without cost to Owner and in accordance with Owner’s written instructions, correct, remove and replace the Defective Work with conforming Work, and correct, remove and replace any damage to other Work or other property resulting therefrom. If Contractor fails to do so within five days of Owner’s written notice (or other time period specified in the notice), Contractor shall pay all of the Owner’s resulting claims, costs, losses and damages. Where Contractor fails to timely correct Defective Work, or defects are discovered outside the correction period, Owner shall have all rights and remedies granted by law.

Earthwork and Underground Facilities. If the Work involves digging trenches or other excavations that extend deeper than four feet below the surface, Contractor shall notify Owner in writing of any material that Contractor believes may be hazardous waste that is required to be removed in accordance law, subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to bidders prior to the deadline for submitting bids, or unknown physical conditions at the site of any unusual nature, different materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents, pursuant to Public Contract Code Section 7104. For any Work involving trench shoring that costs in excess of $25,000, Contractor shall submit and Owner (or a

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 7 registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.

LEGAL
Compliance with Laws; Conflict of Interests. Contractor shall comply with all applicable federal and state laws, regulations and policies, as amended, including those regarding discrimination, unfair labor practices, anti-kick-back, collusion, prevailing wages, labor compliance, and the provisions of the Americans with Disability Act. Contractor, its officer, partners, associates, agents, and employees, shall not make, participate in making, or in any way attempt to use the position afforded them by the Contract Documents to influence any governmental decision in which he or she knows or has reason to know that he or she has a financial interest under applicable state, federal and local conflict of interest regulations. Contractor warrants that no person or agency has been employed or retained, or will be employed or retained, to solicit or obtain any contract with Owner, upon an agreement or understanding for a contingent fee, except a bona fide employee or agency.

Licenses, Patents, Permits. Before commencing Work, Contractor shall apply for, obtain and maintain in current status, at its own expense, any license, permit or approval required from any agency for the performance of Work. To the greatest extent permitted by law, Contractor shall not be entitled to any compensation for any Work performed while not properly licensed, etc.

Employee Wages; Records; Apprentices. This Project is subject to compliance monitoring and enforcement by the Department of Industrial Relations. Contractor shall post job site notices as prescribed by regulation. Contractor shall pay prevailing wages to its employees on any Order in excess of $1,000.00. Copies of the prevailing rate of per diem wages are on file at Owner’s principal office. Contractor shall comply with the 8-hours per day/40 hours per week/overtime/working hours restrictions for all employees, pursuant to the California Labor Code.

Contractor and all subcontractors shall keep and maintain accurate employee payroll records for Work performed. The payroll records shall be certified and submitted as required by law, including Labor Code Section 1771.4 and 1776, including (if the Agreement is awarded on or after April 1, 2015 or continues on or after January 1, 2016) to the Labor Commissioner no less frequently than monthly. Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If Contract Sum exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.

Mandatory Contractor and Subcontractor Registration. Pursuant to Labor Code Section 1771(a), Contractor represents that it and all of its Subcontractors are currently registered and qualified to perform public work pursuant to Labor Code Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

Indemnity/Liability. Contractor shall defend, indemnify, and save harmless, to the fullest extent permitted by law, the Owner and each of its officers, directors, representatives, agents and employees, against all claims, suits, actions, loss, cost, damage, expense, and liability arising from or related to bodily injury to or death of any person or damage to any property, or resulting from any breach and/or Contractor’s negligence in performing the Work pursuant to the Contract Documents.

Notwithstanding any provision of the Contract Documents, Owner shall not be liable to Contractor

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 8 or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner’s rights and remedies, whether under the Contract Documents or other applicable law, shall be cumulative and not subject to limitation.

Worker’s Compensation. Pursuant to Labor Code Sections 1860 and 1861, in accordance with the provisions of Section 3700 of the Labor Code, every contractor will be required to secure the payment of compensation to his employees. Contractor represents that it is aware of the provisions of Labor Code Section 3700 that require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that Code, and Contractor shall comply with such provisions before commencing the performance of the Work.

MISCELLANEOUS
No Modification or Waiver; Severability. The Contract Documents may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of Owner and Contractor. Contract Documents headings are for convenience only and do not affect the construction of the Contract Documents. Should any part of the Contract Documents be declared invalid, void or unenforceable, all remaining parts, terms and provisions of the Contract Documents shall remain in full force and effect and shall in no way be invalidated, impaired or affected thereby.

Independent Contractor. Contractor is an independent Contractor and does not act as Owner’s agent in any capacity, whatsoever. Contractor is not entitled to any benefits that Owner provides to Owner employees including, without limitation, insurance, worker’s compensation benefits or payments, pension benefits, health benefits or insurance benefits. Terms within the Contract Documents regarding directives apply to and concern the result of the Contractor’s provision of Work not the means, methods, or scheduling of the Contractor’s Work. Contractor shall be solely responsible for the means, methods, techniques, sequences and procedures with respect to its provision of Work under the Contract Documents. Contractor shall pay all payroll taxes imposed by any governmental entity and will pay all other taxes not specifically identified in the Contract Documents as Owner’s responsibility.

Termination; Suspension; Disputes. Owner may direct Contractor to terminate, suspend, delay, interrupt or accelerate Work, in whole or in part, for such periods of time as Owner may determine in its sole discretion. Owner will issue such directives in writing, and may do so, in whole or in part, for its convenience or due to Contractor’s fault. Owner will compensate Contractor for extra costs resulting from such directives only to the extent that Owner issues such directives for its convenience and not due to Contractor’s fault (but Owner shall not compensate Contractor for costs, profit or overhead anticipated to be earned or incurred on Work terminated for Owner’s convenience.) Contractor shall continue its Work throughout the course of any dispute, and Contractor’s failure to continue Work during a dispute shall be a material breach of the Contract Documents. All claims by Contractor against Owner shall be submitted in writing to Owner, and shall be governed by Public Contract Code Sections 20104 – 20104.6, after which time the one year time period in Government Code Section 911.2 shall be, pursuant to Government Code Section 930.2, reduced to 90 days. Should Contractor be terminated for default, and such termination is subsequently determined to be wrongful, such termination will be converted to a termination for convenience as provided herein.

Notices. All notices between the parties hereto shall be in writing and may be served by commercial express/overnight courier service or by depositing the same in the United States mail, postage prepaid and certified receipt requested, and addressed as indicated beneath each party’s signature in the Master Agreement, or as either party may otherwise provide to the other.

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 9 Dispute Resolution. All Contractor claims not otherwise subject to Public Contract Code Sections 20104 et seq shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be confidential, non-binding, pursuant to the construction mediation procedures of JAMS in San Francisco, California, and utilize the services of a mediator mutually acceptable to the parties. If the parties are unable to agree, the mediator will be selected by JAMS from its panel of approved construction industry mediators, having a minimum of 10 years’ experience in the construction industry. The cost of mediation shall be equally shared by all parties to the mediation. The parties shall, prior to the commencement of a mediation pursuant to this Paragraph, upon notice of the other party, exchange relevant, non-privileged project documents in compliance with Code of Civil Procedure Sections 2031.010 et seq. Additionally, the parties may agree mutually to engage in additional discovery prior to mediation. Should the parties proceed with additional discovery, they shall, unless mutually agreed otherwise, comply with Code of Civil Procedure Sections 2019, et. seq. The Mediator will undertake to resolve any discovery disputes relating to the Mediation.

Execution; Venue; Limitations. The Agreement shall be deemed to have been executed in San Mateo County, California. Enforcement of the Contract Documents shall be governed by the laws of the State of California, excluding its conflict of laws rules. Except as expressly provided in the Contract Documents, nothing in the Contract Documents shall operate to confer rights or benefits on persons or entities other than Owner and Contractor. As between the parties to the Agreement, any applicable statute of limitations for any act or failure to act shall commence to run on the date of Owner’s issuance of the final Certificate for Payment, or termination of the Contract Documents, whichever is earlier, except for latent defects, for which the statute of limitation shall begin running upon discovery of the defect and its cause.

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 10 Appendix C to Construction Services Agreement

INSURANCE

1. Commercial General Liability Insurance, written on an “occurrence” basis, which shall provide coverage for bodily injury, death and property damage resulting from operations, liability for slander, false arrest and invasion of privacy, blanket contractual liability, broad form endorsement, and completed operations, personal and advertising liability, with limits of not less than [$1,000,000] general aggregate and [$1,000,000] each occurrence, subject to a deductible of not more than [$1,000] payable by Contractor.

2. Business Automobile Liability Insurance with limits not less than [$1,000,000] each occurrence including coverage for owned, non-owned and hired vehicles, subject to a deductible of not more than [$1,000] payable by Contractor.

3. Workers’ Compensation Employers’ Liability limits not less than [$1,000,000] each accident, [$1,000,000] per disease and [$1,000,000] aggregate. Contractor’s Workers’ Compensation Insurance policy shall contain a Waiver of Subrogation against the City of Pacifica, its officers, directors, officials, agents, employees and volunteers. In the event Contractor is self-insured, it shall furnish Certificate of Permission to Self-Insure signed by Department of Industrial Relations Administration of SelfInsurance, State of California.

4. [If applicable] Builder’s Risk Insurance including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, aircraft, riot, vehicle damage, explosion, smoke, falling objects, vandalism, malicious mischief, collapse, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of all construction constituting any part of the Work, excluding the cost of excavations, of grading and filling of the land. [Alternatively, if applicable] An Installation Floater including, without limitation, coverage against loss or damage to the Work by fire, lightening, wind, hail, vandalism, malicious mischief, and other such hazards as are normally covered by such coverage. Such insurance shall be in amount equal to the replacement cost (without deduction for depreciation and subject to stipulated value in lieu of average clause) of the Work. [If either Builder’s Risk or an Installation Floater is required, continue] Such insurance may be subject to deductible clauses not to exceed [$10,000] for any one loss. Such insurance will not cover loss or damage to Contractor’s equipment, scaffolding or other materials not to be consumed in the performance of the Work. The insurer shall waive all rights of subrogation against Owner.

5. Insurance policies in Appendix C shall contain an endorsement containing the following terms:

5.01 City of Pacifica, its officers, directors, officials, agents, employees, and volunteers, shall be named as additional insureds, but only with respect to liability arising out of the activities of the named insured, and there shall be a waiver of subrogation as to each named and additional insured.

5.02 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

5.03 Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to Owner thirty (30) days in advance of the effective date thereof.

5.04 Insurance shall be primary insurance and no other insurance or self-insured retention carried or held by any named or additional insureds other than Contractor shall be called upon to contribute to a loss covered by insurance for the named insured.

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 11

6. Certificates of Insurance and Endorsements shall have clearly typed thereon the Project Name, shall clearly describe the coverage and shall contain a provision requiring the mailing of written notices of cancellation described in clause 5.03 above.

7. All policies of insurance shall be placed with insurers acceptable to Owner. The insurance underwriter(s) must be duly licensed to do business in the State of California and (other than for workers’ compensation) must have an A. M. Best Company rating of [A-,VII] or better. Required minimum amounts of insurance may be increased should conditions of Work, in the opinion of Owner, warrant such increase. Contractor shall increase required insurance amounts upon direction by Owner.

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 12 Appendix D to Construction Services Agreement

CONSTRUCTION LABOR AND MATERIAL 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 (Owner) has awarded to Mercoza as Principal a Construction Services Agreement, dated the 27
th day of March, 2023 (Agreement), titled FY 23-24 Concrete Improvements Project located at the City of Pacifica in the amount of $203,279.50 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

The project includes new concrete sidewalks, ADA curb ramps, curb and gutter, installing hot mix asphalt and other miscellaneous work described in the Plans and Specifications entitled: FY 23-24 Concrete Improvements Project.

2. AND WHEREAS, Principal 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 Principal and ______________________________ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($_________________), 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 Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, 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 Principal 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 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 Owner’s rights against the other.

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 13

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___.

CONTRACTOR AS PRINCIPAL 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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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 14 Appendix E to Construction Services Agreement

CONSTRUCTION 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 (Owner) has awarded to Mercoza as Principal a Construction Services Agreement, dated the 27
th day of March, 2023 (Agreement), titled FY 23-24 Concrete Improvements Project located at the City of Pacifica in the amount of $203,279.50 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

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

3. NOW, THEREFORE, we, the undersigned Principal and _________________________ as Surety are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM to be paid to Owner 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 Principal, or its heirs, executors, administrators, successors, or assigns approved by Owner, 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 Owner, 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 Principal’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 Owner 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 Principal shall be and declared by Owner 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 Owner, to complete the Agreement in accordance with its terms and conditions and to pay and perform all obligations of Principal 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 Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner 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

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 15 completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal 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 Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.

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 Owner’s rights against the others. Surety may not use Contractor to complete the Agreement absent Owner’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 Owner 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___.

CONTRACTOR AS PRINCIPAL 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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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 16 Appendix F to Construction Services Agreement

SUPPLEMENTAL CONDITIONS

1. Plans
See Plans and Specifications entitled: FY 23-24 Concrete Improvements Project.

2. Shop Drawings
Shop drawings will not be required on this project.

3. Dust Control and Cleanup
During the construction period, the dust level shall be kept at a minimum. The premises shall also be kept free from the accumulation of waste material or rubbish. Failure to meet this requirement may result in project shutdown.

The final cleaning shall leave the facilities ready for use with no additional cleanup. Use no cleaning materials which will contaminate the ocean. At the completion of the contract, the Contractor shall remove all remaining litter, debris, materials, temporary structures and equipment from the site.

The premises shall be left in a clean and orderly condition acceptable to the City Engineer.

In the event Contractor leaves the job overnight in an unclean condition, City may take action to provide necessary requirements and will deduct the cost of doing so from subsequent Contractor payments.

4. Public Safety
Contractor shall be responsible during all phases of work to provide for public safety and convenience. It shall be the Contractor’s responsibility to provide adequate provisions to assure the safety of the general public throughout the duration of the project, including periods when no work is being performed. The site shall be thoroughly fenced-off when work is not actively in progress, and lighted barricades shall be placed around any obstructions not encompassed by this fence.

In the event Contractor leaves the job overnight in an unsafe condition, or fails to provide for public safety and convenience, City may take action to provide necessary requirements and will deduct the cost of doing so from subsequent Contractor payments.

All applicable safety regulations shall be complied with to protect the public and the Contractor’s employees. Strict compliance with Cal/OSHA safety requirements in doing the work is required.

5. Prevailing Wage Rates
The Contractor shall post, in a location on the job site, the prevailing wage rate Determination which is applicable to this project.

6. Discrimination

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 17 No discrimination shall be made in the employment of persons upon public works because of the race, sex, age, color, national origin, creed, sexual orientation or marital status of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Section 1735 of the California Labor Code.

7. Employment of Apprentices
Attention is directed to the provisions in Sections 1777.5 (Chapter 1411, Statutes of 1967) and 1777.6 of the Labor Code concerning the employment of apprentices by the Contractor or any subcontractor under him.

The Contractor and any subcontractor shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.

8. Materials and Supplies
All materials and supplies called for by contractor’s scope and proposal and shall be new unless otherwise specified.

9. Protection
The Contractor shall provide adequate protection for the site and surroundings throughout the work.

All damage done to existing property shall be neatly repaired or replaced at the Contractor’s expense. Work shall be executed in a careful and orderly manner with the least possible disturbance to public and occupants of the area.

The Contractor shall conduct his operations in such a manner as to avoid damage to existing improvements and adjacent property. The Contractor shall, at its sole cost and expense, repair or replace any damage occurring from his operations to pursue completion of the contract. The repairs and replacement shall be to the satisfaction of the Engineer and according to City standards and practices. The minimum repair or replacement shall be equal to surrounding existing conditions or better, and the Engineer’s decision as to acceptable repair or replacement shall be final. The burden of proof as to whether there was existing damage by the Contractor shall rest with the Contractor.

The site shall be maintained in a neat and orderly manner at all times. All existing facilities shall be protected and, if they are damaged or destroyed by the Contractor, shall be restored or replaced in kind at his expense, to their original conditions, or better, as approved by the City or other owner thereof. The site shall be secured at the conclusion of each work day.

10. Inspections
Inspectors, employed by the City, shall be authorized to inspect all work done and all materials furnished. Such inspection may extend to all or any part of the work on the project and to the preparation, fabrication or manufacture of the materials to be used. An inspector is not authorized to revoke, alter or waive any requirements of the specifications. He is authorized to call the attention of the Contractor to any failure of the work or materials to conform to the specifications and

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 18 contract. He shall have the authority to reject materials or suspend the work until any question at issue can be referred to and decided by the Engineer.

An inspector will in no case act as foreman or perform other duties for the Contractor, nor interfere with the Contractor’s management of the work.

In case the Contractor refuses to suspend operations on verbal order, the inspector giving such verbal order will then issue the order in writing. After placing the order in the hands of the person in charge of the work for the Contractor, the inspector will immediately leave the job. Work done during the absence of the inspector will not be accepted or compensated.

The Contractor shall prosecute work only in the presence of an authorized inspector or authorized representative of the Engineer, and any work done without such inspection shall be at the Contractor’s risk and be subject to rejection.

The Contractor shall furnish the Engineer with every reasonable facility for ascertaining whether or not the work, as performed, is in accordance with the requirements and intent of the specifications and contract. The Contractor shall at all times and for any purpose permit the Engineer and any of his representatives and representatives of the City to have access to the work and the premises used by the Contractor.

11. Defective Materials
Any materials condemned or rejected by the Engineer as not meeting the requirements of these specifications may be branded or otherwise marked by the Engineer and shall, on demand, be at once removed by the Contractor to a satisfactory distance from the work.

If the Contractor does not remove such material within a reasonable time, fixed by written notice, the City may remove and store the materials at the expense of the Contractor. If the Contractor does not pay the expense of such removal and storage within ten days thereafter, the City may, upon ten days’ written notice, sell such materials at auction or at private sale. The City will account for the net proceeds thereof after deducting all the costs and expenses that should have been borne by the Contractor.

No partial payment, inspection, taking possession of, or other act made or done by the Engineer or the City with respect to the work prior to the final completion and acceptance thereof shall relieve Contractor from performing the Work in accordance with this contract, and shall not affect or prejudice the right of the Engineer or the City to reject any defective work or material or to require the Contractor complete fulfillment of all the provisions of the contract.

If the Engineer deems it expedient and not in the best interests of the City to correct work injured or done not in accordance with the contract, the defective work may be accepted subject to an equitable deduction from the contract price which may be made therefor by the City upon certificate from the Engineer.

12. Temporary Suspension of Work and Extension of Time for Performance When conditions at the site of the proposed work are unsatisfactory for the prosecution of a part or all of the work as adjudged by the Contractor and he is forced to suspend such work until reasonable conditions for its prosecution exist, he may request, in writing, that the Engineer authorize such suspension of work. Without the Engineer’s approval, any suspensions violate this specification.

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 19 Unsatisfactory conditions may include, but not limited to: inclement weather, excessively high surf and/or tides, strikes, excessive high or low ambient temperature and inability of delivery of materials by suppliers for good reason.

When, in the opinion of the Engineer, suspensions of work are beyond the control of both the Contractor and the City (including, without limitation, adverse weather, conditions, earthquakes, force majeure events), the time of performance as set forth in the Agreement will be extended by the Engineer, in writing, by a period of time equal to that lost due to the delay occasioned by the allowed suspension, all at no additional cost to the City and without waiver of remedies for nonproliferation of the work. Such allowed suspension of work shall not relieve the Contractor of his contractual responsibilities.

13. Laws and Regulations
The Contractor shall comply with all local, regional, State and Federal laws and regulations at all times. In addition, the Contractor shall meet the standards set by the Air Quality Act for Noise and Pollution. If there is any conflict between these specifications and provisions and any laws or regulations, the matter shall be brought to the attention of the Engineer immediately.

14. Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract.

Each internal combustion engine, used for any purposes on the job or related to the job, shall be equipped with a muffler of a type recommended by the manufacturer. No internal combustion engine shall be operated on the project without said muffler.

15. Air Pollution Control
The Contractor shall comply with all air pollution control rules, regulations, ordinances and statutes which apply to any work performed pursuant to the contract, involving any air pollution control rules, regulations, ordinances and statutes specified in Section 11017 of the Government Code.

16. Water Pollution
General:

Contractor shall take all measures necessary to prevent debris or contamination from entering the ocean. Best Management Practice (BMP) shall be enforced at all times.

Correction of Inadequate Pollution and Erosion Control Measures:

If the measures being taken by the Contractor are inadequate to control water pollution effectively, the City Engineer may direct the Contractor to revise operations. The directions will be in writing and will specify the items of work for which the Contractor’s water pollution control measures are inadequate. No further work shall be performed on those items until the water pollution control measures are made adequate.

Abatement of Other Water Pollution:

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 20 The cleanup of water pollution by chemicals, petroleum products, cement or by the escape of any other material that is harmful or potentially harmful, from the work site as a result of the Contractor’s operations, into drainage systems or the ocean shall be the financial responsibility of the Contractor. The means of cleanup and the party or parties to be engaged to perform the cleanup work shall be determined by the Engineer in consultation with appropriate hazardous materials, pollution control, safety, health and wildlife authorities and officials. The Contractor shall immediately carry out cleanup orders issued to him through or by the Engineer and shall make the work site accessible to personnel and equipment from outside pollution control resources called in by the Engineer. The cost of cleanup action called for by the Engineer and performed by outside resources shall be deducted from any monies due or become due the Contractor.

Compensation:

Full compensation for conforming to the requirements of this section shall be considered as included in the Contract Sum paid for the various items of work and no additional compensation will be allowed therefor.

17. Environmental Protection Requirements
Source Reduction and Recycling
The California Integrated Waste Management Act of 1989 (AB 939) mandates that 25 percent of the waste stream in the City of Pacifica be diverted from landfill by 1995 and that this diversion increase to 50 percent by 2000. AB 939 also required the City of Pacifica to prepare and adopt a Source Reduction and Recycling Element (SRRE) outlining recommended programs to meet the above noted diversion goals. One of the approved SRRE programs is to require the utilization of recycled construction materials for City projects. All work performed under this contract and all contractors and their associates and/or employees shall utilize recycled materials and recycle construction materials where feasible. Construction/Demolition Recycling Resources Lists are available from the Pacifica Planning Department and the California Integrated Waste Management Board.

Contractor shall reuse or recycle any useful construction materials generated during the project.

Disposal
At the end of each working day, the Contractor shall collect all scrap, debris and waste material and dispose of such materials properly.

Hazardous Material/Waste Management
A. Storage
The Contractor shall label and store all hazardous materials, such as pesticides, paints, thinners, solvents, and fuels; and all hazardous wastes, such as waste oil and antifreeze; in accordance with the City of Pacifica Hazardous Materials Storage Ordinance and all applicable State and Federal regulations.

The Contractor shall store all hazardous materials and all hazardous wastes in accordance with secondary containment regulations, and it is recommended that these materials and

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 21 wastes be covered, as needed, to avoid potential management of collected rain water as a hazardous waste.

The Contractor shall keep an accurate, up-to-date inventory, including Material Safety Data Sheets (MSDSs), of hazardous materials and hazardous wastes stored on-site, to assist emergency response personnel in the event of a hazardous materials incident.

B. Disposal
The Contractor shall use secondary containment, such as a drip pan, to catch leaks or spills any time that vehicle or equipment fluids are dispensed, changed or poured.

The Contractor shall keep a stockpile of spill cleanup materials, such as rags or absorbents, readily accessible on site.

The Contractor shall clean up leaks and spills of vehicle or equipment fluids immediately and dispose of the waste and cleanup materials as hazardous waste, as described in the section above.

The Contractor shall not wash any spilled material into streets, gutters, storm drains or creeks and shall not bury spilled hazardous materials.

The Contractor shall report any hazardous materials spill to the City of Pacifica Building Division at (650) 738-7344.

The Contractor shall inspect vehicles and equipment arriving on site for leaking fluids and shall promptly repair leaking vehicles and equipment. Drip pans shall be used to catch leaks until repairs are made.

C. Activity-Specific Requirements
The following requirements shall be met on all projects within the City of Pacifica that include the listed activities.

Concrete, Grout and Mortar Waste Management
Material Management:

The Contractor shall store concrete, grout, and mortar away from drainage areas and ensure that these materials do not enter the storm drain system or the ocean waters.

Concrete Truck/Equipment Wash Out:

The Contractor shall not wash out concrete trucks or equipment into streets or gutters.

The Contractor shall perform washout of concrete trucks or equipment off-site or in a designated area on-site where the water will flow onto dirt or into a temporary pit in a dirt area. The Contractor shall let the water percolate into the soil and

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) FY 23-24 CONCRETE IMPROVEMENTS PROJECT MERCOZA AGREEMENT – Page 22 dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, then the Contractor shall collect the wash water and remove it off-site.

18. Layout of Work
Layout of work shall be done by the Contractor. Contractor shall mark the work area limits and facilities to be removed and replaced. All layout shall be approved by the City.

19. Substitutions
Substitutions in material or methods of construction, when necessary because of material shortages or in order to avoid serious delay may be made only after they are approved by the City Engineer in writing.

20. Traffic Control and Public Access
The Contractor shall be responsible for proper traffic control to assure public safety and convenience. Continuous safe public access shall be maintained to residential structures at all times.

21. Material and Workmanship
All materials and workmanship are to be the best of their respective kinds. The terms “or equal,” “approved,” “selected” and so forth shall mean as approved, etc. by the City Engineer. All materials and equipment used should be in accordance with the manufacturer’s printed directions.

Use adequate numbers of skilled workmen who are thoroughly trained and experienced in necessary crafts and who are completely familiar with the specified requirements and methods needed for proper performance of work specified. Use equipment adequate in terms of size, capacity and numbers to accomplish work in a timely manner.

22. Drug-Free Workplace
The Contractor is required to comply with the Drug-Free Workplace Act of 1988. The requirements of the Drug-Free Workplace Policy are described in City of Pacifica Administrative Policy Number

46. 23. Harassment and Discrimination
The Contractor is required to comply with City of Pacifica Administrative Policy Number 33, Harassment and Discrimination in the Workplace.

24. Payroll Records
Contractor and each Sub-Contractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him in connection with the public work. All payroll records shall be certified and maintained by the Contractor and be made available to auditors and managers from the City upon request.

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Attachment: Attachment "A" - Construction Contract with Mercoza [Revision 1] (5304 : FY 2023-24 Concrete Improvement Project) OAK #4850-6023-1119 v1 - 1 -

MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 27th day of March, 2023, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and WILSEY HAM (hereinafter referred to as "CONSULTANT").

CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires On-Call Construction Management and Inspection Services/Horizontal Construction in connection with Various City Projects; and WHEREAS, construction management/inspection services will be provided by Wilsey Ham; and 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.

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Attachment: Attachment "B" – Master Agreement and Task Order No. 1 between City of Pacifica and Wilsey Ham (5304 : FY 2023-24 Concrete - 2 -
OAK #4850-6023-1119v1
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. However, in no event shall the amount the CITY pays to CONSULTANT for work done under a Task Order exceed the total compensation specified in the Task Order (“Cost Ceiling”).

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 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.

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Attachment: Attachment "B" – Master Agreement and Task Order No. 1 between City of Pacifica and Wilsey Ham (5304 : FY 2023-24 Concrete - 3 -
OAK #4850-6023-1119v1

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, 2024 (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 Roland Yip, PE, its Deputy Director of Public Works/City Engineer, 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 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 Brandon Davis, Principal Engineer/Executive Vice President 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

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(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 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

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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 (crossliability 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
• 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

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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 Drive
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: Brandon Davis
Principal Engineer/Executive Vice President
3130 La Selva Street, Suite 100
San Mateo, CA 94403
Phone: (650) 349-2151
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS

7.1. 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

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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.

7.2. 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 subsubcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.

7.3. 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.

7.4. 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.

7.5. 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.

7.6. 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.

7.7. 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.

7.8. 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

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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.

7.9. 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.

7.10. 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.

7.11. 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.

7.12. 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.

7.13. 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.

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

CITY OF PACIFICA
By:

Kevin Woodhouse, City Manager
CONSULTANT: WILSEY HAM
Date
By:

Brandon Davis, Principal Engineer/Executive Vice
President
Date
By: Date
Attest:

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

By:

Michelle Marchetta Kenyon, City Attorney

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EXHIBIT A

TASK ORDER

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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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CITY OF PACIFICA
By:

Kevin Woodhouse, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

CONSULTANT
_______________________________
Date
By:

Date
By: Date

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ATTACHMENT “A”

SCOPE OF SERVICES

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ATTACHMENT “B”

COMPENSATION

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CITY OF PACIFICA AND

WILSEY HAM
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct Wilsey Ham 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 Wilsey Ham, (“CONSULTANT”) hereto dated March 27, 2023 (“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 Sixty-Five Thousand One Hundred Twenty and zero /100 ($65,120.00) (“Cost Ceiling”).

SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed within 180 working days or as extended in writing by the City Engineer.

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 27th day of March 2023.

CITY OF PACIFICA
By: Date: __________________
Kevin Woodhouse, City Manager
Approved As To Form:

By: Date: __________________
Michelle Marchetta Kenyon, City Attorney
CONSULTANT: WILSEY HAM
By: Date: __________________
Brandon Davis, Principal Engineer / Executive Vice President

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SCOPE OF SERVICES

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Attachment: Attachment "B" – Master Agreement and Task Order No. 1 between City of Pacifica and Wilsey Ham (5304 : FY 2023-24 Concrete March 21, 2023
Mr. Raymund Donguines, PE
Senior Civil Engineer
City of Pacifica – Engineering Division
151 Milagra Drive
Pacifica, CA 94044
Re: Proposal for City of Pacifica 2023/24 Concrete Improvements Project (Revised) Dear Mr. Donguines,
On behalf of Wilsey Ham, I am pleased to submit this proposal to the City of Pacifica (City) for the Concrete Improvement Project. We have a complete and thorough understanding of the scope of work and a project approach that is cost effective while providing the construction management expertise necessary for a successful project. Wilsey Ham understands our service is only as good as the people who are on the job every day managing construction. Our inspector will typically spend three to four hours in the field and one to two hours of document control and coordination time in the office. Our Construction Manager will average about one and a half hours a day on the project with additional time for pre-construction and closeout duties. Our team features experienced, proactive and responsive construction management professionals who will provide exceptional construction management service to the City. Wilsey Ham’s team will be augmented by key staff from our sister company Richard Brady & Associates (BRADY).

Firm Experience in Similar Projects
2017/2018 Annual Slurry Seal Project, City of Carlsbad, CA BRADY provided full construction management and inspection services for the City’s 2017-18 Annual Slurry Seal Project. The project extended the life of streets by resurfacing the existing pavement with asphaltic emulsion-aggregate slurry. BRADY was responsible for mark-out and tracking the bid quantity item for two-inch depth AC cold mill and verifying quantities for payment.

Inspection and QA/QC services included, crack sealing monitoring, AC temperature and compaction monitoring, traffic loop replacement, traffic control, and striping. Contract value:
$288,300.

As-Needed Construction Management Services, City of San Diego, CA BRADY provided full construction management and inspection services for various projects for the City of San Diego’s public works department. Projects included water and sewer lines, roadway reconstruction, roadway resurfacing, repair and replacement of curb, gutter, and sidewalks, as well as other public infrastructure. Services included construction management, resident engineering, and inspection as the City’s representative to the construction contractors and public. Contract value: $2.5 Million.

As-Needed Horizontal Construction Management and Inspection Services, City of Carlsbad, CA BRADY provided construction administration, construction management and inspection services to support and represent the City in the administration of Private Development projects. Private Development projects typically included developer provided public infrastructure to support new

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development, water and sewer facilities, roadway improvements, storm drains, street lighting, sidewalks, etc. Services included monitoring and plan compliance of private development permit requirements, enforcement of local and state standards and regulations, mitigation, and administration of subdivision and grading improvements. Contract Value: $300,000 Project Team and Staff Resumes
Our team brings unparalleled local horizontal construction management and inspection experience to the City for this project. Mr. Christopher Dull, PE, will serve as the Senior Construction Manager overseeing all services provided. Chris has more than 30 years of experience in Public Works design and construction management.

Andres Uranga, EIT will serve as the
Construction Manager with Dave Brady as
the Inspector. Andres has 9 years of design
and construction experience with roadway
work including paving, sidewalks, curbs and
ADA curb ramps. Dave has more than 15
years of construction inspection experience
and is a Qualified Storm Water Professional
(QSP). Table 1-1 to the right summarizes
the names and positions of key team
members who will be responsible for
performing construction management and inspection services for the City. Resumes are attached at the end of this proposal.

Scope and Approach
We believe that a successful project begins by collaborating with the City and tailoring Wilsey Ham construction management services to the City’s construction policies, practices and procedures. The next step is to identify the City’s internal and external project stakeholders and strategize with the City to proactively meet their needs during construction. By investing in our team through training and mentoring we develop leaders who enjoy resolving construction project challenges. We have delivered numerous award-winning street improvements, water/wastewater facilities, neighborhood parks, and public building projects through effective construction management services. The Wilsey Ham team approach highlighted below embraces our core values and aligns with the City’s construction management needs.  Develop a strong team approach and work collaboratively with project stakeholders including citizen groups, permitting agencies, local businesses and residents to address their needs before they are impacted by construction.
 Keep the City informed with reliable cost, budget, and project information, and work to resolve issues quickly.

Table 1-1 Construction Management Team
Name Role
Christopher Dull, PE Senior Construction
Manager
Andres Uranga, EIT Construction Manager
David Brady, CWI, QSP Inspector
BSK Geotech/Materials
Testing

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We are dedicated to protecting the City’s interests and adding value from the pre-construction meeting to project closeout. Our approach creates value through focused constructability reviews, meticulous document control, quality assurance, and coordinated project close-out. We take great pride in completing high quality projects that are celebrated by the community.

Proactive Management Approach
Early and often communication with the City, design team, contractor and stakeholders resolves many project issues before they become problems and minimizes delays and claims. We proactively address the concerns of neighbors, stakeholders, and users.

Maintain Effective Communication
Constant contact with the City throughout the contract duration will keep us abreast of upcoming personnel needs, and help us provide guidance and support to our construction management and inspection staff. We also recognize that the citizens of Pacifica are our customers and that construction projects at times cause inconvenience to the general public. As your RE/inspector in the Field, we work closely with the City’s
Public Information Staff to keep the
community updated on project status and
aware of activities that might
inconvenience the public. We will also
document any complaints we receive onsite and work with the City and the contractor to resolve them.

Document Control
We use project control systems that
integrate cost and schedule, manage the
flow of construction documents and help the City clearly understand what is happening on the project. Utilizing a system that tracks the Critical Path Method (CPM) schedule and detailed dayto-day project correspondence gives visibility to critical items and tasks. We use real-time cloudbased document control software to ensure transparency and accountability.

Daily Inspection Reports
Disputes and claims avoidance begins with complete and accurate Daily Inspection Reports. We prepare daily inspection reports that represent the chronology of the contractor’s activities, workforce, equipment, and material deliveries. We document possible construction issues and corrections as discussed with the contractor. Detailed and complete daily inspection reports coupled with photo documentation provide documentation to protect the City from unnecessary delay charges and claims. Our Lead Construction Manager audits our RE/inspectors Daily reports to ensure they are in compliance with City and Wilsey Ham standards.

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Schedule Control
Wilsey Ham’s team understands the importance of using a Critical Path Method (CPM) schedule for maintaining a project schedule. Managing schedule milestones is a crucial tool for early identification of schedule risks and decision making.

Our team is trained to identify the critical path on a project and identify tasks that drive milestones and completion dates. In establishing the baseline schedule, our experienced team reviews for logical construction durations
and sequencing. We also require
that the schedule shows key
milestones and contractual
requirements for items such as
submittal review and delivery of
long lead items, City force work,
environmental mitigation and
restrictions, along with testing,
start-up, and close-out. Nearterm schedule management in weekly construction progress
meeting allows us to effectively
schedule geotechnical and materials testing inspections and to communicate construction management team staffing needs to the City.

QA/QC
Our high-quality approach has earned the respect of our clients, the community, users of the facilities, and the design professionals and contractors with whom we work. We take a proactive approach to identify and resolve potential issues early to improve quality and avoid rework.

Our experienced RE/inspectors are onsite to inspect the work taking place each day, and to talk with the contractor about what’s next. Looking ahead at the contractor’s work plan is an effective way to identify potential issues and
resolve them before the work takes
place. The quality of rework based
on a Contractor’s mistake is never
as good as getting it right the first
time. We begin each project by
developing a thorough
understanding of the project
construction documents, permits,
and project schedule. This allows us
to focus on near term activities while
also focusing on activities that may
impact the critical path. To help us regulate contract conformance, our RE/inspector develops material and performance checklists from the contract documents. We develop material,

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equipment, and performance checklists to maintain quality on virtually all types of projects, pump stations, AC paving, park facilities, and complex structures. Wilsey Ham RE/inspectors will provide QA and check for materials, methods, and work results. Installation of key elements will be checked for conformance to material, equipment, temperature, and compaction.

Traffic Control
Working in the City’s Public right-of-way requires a “Public Right-of-Way Permit for Traffic Control”. Throughout our RE/inspection task assignments, we will coordinate with the City to keep the public informed of lane closures, construction detours, parking restrictions, and other issues affecting the public.

We review the installation of the contractor’s traffic control devices prior to the construction of each stage or detour and then monitor them closely to verify they meet the requirements of the plans and site conditions. Immediately after setup, we verify the traffic control for safety and conformance with the plan and, if left in place, we also drive and review the traffic control setup at the end of the day. We immediately have the contractor correct any discrepancies between the traffic control setup and the approved plan.

Storm Water Protection
Protecting our watershed and waterfront begins with keeping construction debris and erosion on site and outside the storm drain system. Our team is trained to enforce the requirements of the storm water regulations and City requirements with regards to implementation and maintenance of required minimum designated construction Best Management Practices (BMP), including housekeeping, erosion control, and protection of the storm water conveyance system. Wilsey Ham will observe the contractor’s work area for
general compliance with the Storm Water
Pollution Prevention Plan (SWPPP) BMPs and
notify the contractor if the pollution prevention
controls are not in accordance with the SWPPP.

Failure to revise and correct conditions will be
cause to have the City take corrective action. We
have trained QSD/QSP certified staff with
experience in entering and monitoring SWPPPs
within the State Multiple Application Reporting
and Tracking System (SMARTS).

We take a proactive approach by closely
monitoring the local weather and discussing BMPs in the weekly contractor meetings. Throughout our inspection services with the City, we protect the local watershed and the City from potential Notice of Violations for non-compliance with the Municipal Storm Water Permit.

Public Awareness and Knowledge of the Local Community
Improving our neighborhood streets and work in the public right-of-way result in inconvenience to

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the public from time to time. We recognize the importance of keeping the community and City management informed of unusual construction events or potential disruption to the public's daily events. Our team has experience working in various communities and experience working with project neighbors and local community groups. We can attend public meetings to provide project updates and presentations to the public, local community groups as needed by the City.

Scope of Services
Task 1 – Project Coordination

1. Perform document control tasks;

2. Coordinate with independent consultants retained by the City for the Project, including: design engineer, labor compliance consultant, and any other consulting services required for the duration of the Project;

3. Coordinate geotechnical inspections/testing. Wilsey Ham’s services relating to Geotechnical Inspections/Testing for the Project are further detailed in Task 5 below;

4. Coordinate, review, observe, and document equipment testing and start up, if applicable;

5. Coordinate with the City, independent consultants, and stakeholders to facilitate good communications with the Project contractor and good record keeping practices.

Task 2 – Inspection

1. Monitor Project permit conditions (e.g. City encroachment permit) and the respective expiration dates for each Project permit. Inform the City and Project contractor when noncompliance is observed as it relates to the Project permit requirements;

2. Monitor the Project contractor’s work for compliance with Project specifications and drawings requirements, the City’s Standard Detail drawings, agency encroachment permits, and all other pertinent standards, requirements, and documents associated with the Project; and

3. Monitor Project contractor’s schedule each week and inform the City of any construction conflicts and issues that could potentially delay the project.

Task 3 – Document Control and Record Keeping

1. Employ forms to prepare, process, and file (in PDF format) all construction phase documents and records, providing complete Project records during the course of the Project and at Project completion.

2. Examples of document control and record keeping include, but are not limited to:
a. Preparation of written daily field reports for submittal to the City. Reports will include work performed, labor and equipment utilized, and a discussion of any work not conforming to the plans and specifications;
b. Collect the Project contractor’s daily reports. Compare the Project contractor’s daily reports to Wilsey Ham’s daily inspection reports so any discrepancies can be addressed in a timely manner. Approved reports will be filed in the manner requested by the City. c. Daily photographic documentation of construction activities in digital format. Photo file size shall conform to City file requirements. Photos shall be uploaded to the City on a daily or weekly basis;

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d. Observe and record all major materials deliveries to the Project site to confirm compliance with the Project specifications and approved shop drawings; e. Review and upload all geotechnical reports provided by those firms contracted through Wilsey Ham pursuant to Task 1 and Task 5;
f. Review and upload all other Project documents,
reports, and correspondence, including shop
drawings, submittals, requests for information
(“RFI”), Storm Water Pollution Prevention Plan
("SWPPP”) inspections reports, permit documents,
environmental monitoring reports and training
documentation, labor compliance monitoring reports
and correspondence, community complaints and
documentation of contact and resolution,
geotechnical and materials testing reports, and
special inspections;
g. During the Project’s construction phase, review and
update Project red line drawings and provide final
reviews and approval of the Project contractor’s red
line drawings at Project completion. Submit final,
Wilsey Ham-approved Project contractor red line
drawings to the City;
h. Provide Project records meeting the City’s quality assurance/quality control standards. (Questionable audit results can negatively impact the City’s future funding opportunities.

Most project documentation is considered public record and is potentially subject to a highlevel of scrutiny.)

3. We will use the City’s file management system. All documents produced in that file management system, as well as documents received from the Project contractor, will be saved as PDFs and filed to the City on a regular (daily or weekly) basis, so that the City’s Construction Management staff has access to all project related documents at all times.

Task 4 –Construction Management

1. Confirm adherence to this Agreement, the Project contractor’s contract documents, and the Project plans and specifications;

2. Attend a preliminary meeting with the City and labor compliance consultant to review Project documentation requirements;

3. Lead the pre-construction meeting and participate as the Project construction manager;

4. Manage, route, and track all submittals and RFIs, to the City’s design engineer. Coordinate with the City’s design engineer, as needed, on all change orders, field orders, and time and material requests;

5. At the City’s request, provide professional opinions to the City relating to field construction issues, determining entitlement of compensation to the Project contractor for differing site conditions, change in scope items, negotiating all change order work, mitigating construction claims resolutions, and providing appropriate responses to the Project contractor regarding such issues, on behalf of the City;

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6. Clearly document all details and calculations in written field orders and change orders, providing compliance for future audits by various funding entities;

7. Monitor the Project contractor’s adherence to Project schedule and notify the City’s PM of issues that might impact the CPM;

8. Review the Project contractor’s monthly progress payment estimates and confirm that percentages and quantities of work completed align with the amounts requested for payment.

Provide a thorough review for accuracy and comparison with actual work completed. Meet with the City to discuss the progress pay application and confirm that all check list items are complete, including labor compliance issues, prior to submittal to the City. Make appropriate recommendations to the City on payment issues;

9. Track preliminary notices forwarded by City staff, collect and file appropriate releases from contractor, and file appropriate and necessary releases upon Project completion;

10. Conduct and coordinate preliminary and final walk-throughs for the punch lists, start up and testing, and closeout. Confirm all deliverables have been reviewed, approved, and delivered to the appropriate City staff;

11. Submit detailed monthly CM services invoices.

Task 5 – Subcontract Management – Geotechnical Inspection Services

1. Include and manage the following as part
of the CM services:
a. Schedule testing for geotechnical
support as needed. Geotechnical
support services include:
i. Compaction testing of base repair;
ii. Submitting field reports and lab test
reports to the CM; and

2. As part of the CM fee, a line-item
allowance of $14,858 has been added for
geotechnical services. This allowance was
estimated on a time and materials basis,
not to exceed $14,858 without written
authorization from the City.

Understanding of Potential Issues
During construction of any project in the public right-of-way produces inconvenience for the public.

Resurfacing roadways is a particular inconvenience due to the removal of traffic lane(s) availability. To this end our team will work with the construction contractor to minimize inconvenience to the public. A few potential issues we see are as follows:

1. Actual dimensions of the work are to be field verified by the contractor prior to start of construction. It is important to formally meet with the contractor before work begins to agree on actual dimensions prior to work beginning. This helps protect the City from future claims of additional work by the contractor.

2. Measurement of the amount of slurry placed can often be contentious. It is important to agree to the acceptable method and units of measurement prior to start of construction.

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3. Weed abatement. If there are weeds growing through the cracks in the street and abatement is not addressed, there can be issues of responsibility when the contractor begins placing slurry.

4. Maintaining access. The project involves streets in a residential neighborhood as well as a church and school. Most of the streets are rather narrow with limited space available for staging equipment and materials. The contractor’s work will need to coordinated adjacent to the school to avoid any congestion during drop off and pick up by performing this work early in the contract performance period before the school year begins.

5. Public communication and coordination. There is a preponderance of vehicles parked on the streets associated with this project. A coordinated effort between the City, CM, and contractor will be essential to allow for proper resident notification of parking restrictions while not impeding the progress of the work.

6. Existing striping removal. Wherever striping is removed, it should be done with wet sand blasting and no grinding wheel should be allowed. The grinding “dust” will be difficult to manage and will likely hold up progress.

Fee and Schedule
Wilsey Ham's fee for the Scope of Services described above is attached to this letter. Our fees will be charged on a time and materials basis and are estimated to be $65,120. We will not exceed this amount without your prior authorization. Work will be completed in accordance with the schedule provided in the Contract Documents.

Assumptions and Exclusions

1. This proposal is based on a 25 working day construction duration with our inspector working five and a half (5.5) hours per day, with four (4) hours of field inspection and one and a half hours of office time coordinating and performing document control. We have also included an additional week of office time for project reporting and closeout. Additional fees may be required if these durations are extended.

We appreciate the opportunity to participate on your project.

Very truly yours,

WILSEY HAM
A California Corporation
Brandon Davis
Principal Engineer
Executive Vice President
RCE: C61024
Attached: Resumes
Fee Estimate

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– Resumes

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CITY OF PACIFICA

STATEMENT OF QUALIFICATIONS PACKAGE

FOR ARCHITECTURAL, ENGINEERING AND OTHER PROFESSIONAL SERVICES 1 | P a g e
FORM C – RESUMES OF KEY PERSONNEL

1. Name: Brandon S. Davis

2. Role in this Service Area: Principal Engineer

3. Years of experience – Total: 25 With current firm: 25

4. Education (Degree and Specialization) California State University, Chico, B.S. Civil Engineering

5. Current Registration/Certification (State & Discipline) Civil Engineer, RCE #61024, California

6.Other Professional Qualifications (Publications, Organizations, Training, Awards, etc.) Qualified SWPPP Practitioner/Developer, National Stormwater Summit, ABAG NPDES Erosion Control Seminar, Stormwater Pollution Prevention and Stormwater Quality Control Training _

7. Relevant Project – Title & Location (City & State): Sanitary Sewer Main Rehabilitation, Daly City, CA - Year Completed – Professional Services: 2018
- Year Completed – Construction (if applicable): 2018
- Brief Description (Scope, size, cost, etc.) and Specific Role: The project replaced roughly 3,000 linear feet of sanitary sewer main on several streets in Daly City. Design for the project evaluated the opportunity to use trenchless methods by identifying suitable areas for equipment and material staging. Both traditional open trench and pipe bursting were used as installation methods. The project cost $1.4 Million. Role: PM/ EOR. Brandon oversaw WH's design team in the preparation of bid docs providing technical assistance, quality control and maintaining schedule and budgets. - Performed Relevant Project with Current Firm: Yes  No 

8. Relevant Project – Title & Location (City & State): South Rollins Utility Improvements, Burlingame, CA - Year Completed – Professional Services: 2020
- Year Completed – Construction (if applicable): 2017 Phase I/ 2018 Phase II/ Phase III 2020 - Brief Description (Scope, size, cost, etc.) and Specific Role: Wilsey Ham has been working with the City of Burlingame on Water Resources Utility Projects for many years. Phases I & II had 3,700 & 4,300 linear feet of sewer and water main piping respectively. Phase III has 6,500 feet of sewer and water piping including a portion on the Anza Lagoon Bridge that will be slip-lined. Work has included review for use of pipe bursting in lieu of traditional open cut methods. Role: Project Manager / Engineer of Record.
- Performed Relevant Project with Current Firm: Yes  No 

9. Relevant Project – Title & Location (City & State): Oak Springs Storm Water Improvements, Orinda, CA - Year Completed – Professional Services: 2018
- Year Completed – Construction (if applicable): 2018
- Brief Description (Scope, size, cost, etc.) and Specific Role: The storm drainage pipe at the end of Candlestick Road day-lighted at the top of a 250-foot high 2:1 slope above Highway 24 in Orinda. WH was the team hired by the City to study alternatives and prepare construction documents. We studied alternative designs to reduce mitigate the severe erosion that was occurring while maintaining drainage flows within the same watershed and minimizing impacts to the planned subdivision. The work required coordination with ACOE, CDFW, RWQCB and Caltrans. Role: Project Manager/ Engineer of Record. Brandon oversaw WH's design team in the preparation of bid docs providing technical assistance, quality control and maintaining schedule and budgets. - Performed Relevant Project with Current Firm: Yes  No 

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CITY OF PACIFICA

STATEMENT OF QUALIFICATIONS PACKAGE

FOR ARCHITECTURAL, ENGINEERING AND OTHER PROFESSIONAL SERVICES 2 | P a g e
FORM C – RESUMES OF KEY PERSONNEL

1. Name: Christopher Dull

2. Role in this ServiceArea: Principal Construction Manager

3. Years of experience – Total: 32 With currentfirm: 1

4. Education (Degree and Specialization) University of California, Irvine, BS Civil Engineering

5. CurrentRegistration/Certification (State&Discipline) Civil Engineer, CA #48996; NV #25328

6. OtherProfessionalQualifications(Publications,Organizations,Training,Awards,etc.) Construction Management Association of America, American Water Works Association, American Society of Civil Engineers

7. Relevant Project – Title & Location (City & State): SDCWA On-Call CM & Inspection, San Diego, CA - Year Completed – Professional Services: 2021
- Year Completed – Construction (if applicable): 2021
- Brief Description (Scope, size, cost, etc.) and Specific Role: As needed construction management and inspection services on a variety of CIP projects including 96-in diameter water line in a tunnel, lining existing 66- and 69- PCCP water line with a new steel liner, replacement of an existing steel water reservoir with a new 2.1 MG prestressed concrete reservoir, existing pump station rehabilitation, and other related projects. CM, RE, Inspection, and Document Control services provided. CM fee on this contract totals $2.5 Million. Role: Project Manager
- Performed Relevant Project with Current Firm: Yes ☒ No ☐

8. Relevant Project – Title& Location (City & State): City of San Diego As Needed CM and Inspection, San Diego, CA
- Year Completed – Professional Services: 2020
- Year Completed – Construction (if applicable): 2020
- Brief Description (Scope, size, cost, etc.) and Specific Role: Our team provided construction management, resident engineering, inspection, and document control on a variety of CIP projects including water and sewer pipelines, roadway construction and repair, and pump stations. CM fee on this contract was $15 Million. Role: Principal in Charge
- Performed Relevant Project with Current Firm: Yes ☐ No ☒

9. Relevant Project – Title & Location (City & State): SDCWA On Call CM & Inspection, San Diego, CA - Year Completed – Professional Services: 2018
- Year Completed – Construction (if applicable): 2018
-BriefDescription (Scope,size, cost, etc.) and Specific Role: Our team provided construction management, resident engineering, inspection, and document control on a variety of CIP projects including large diameter steel water pipelines, pump stations, flow control facilities, pipeline relining, hydroelectric pumped storage, and other similar facilities. CM fee on this contract was $15.75 Million. Role: Project Manager
- Performed Relevant Project with Current Firm: Yes ☐ No ☒

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CITY OF PACIFICA

STATEMENT OF QUALIFICATIONS PACKAGE

FOR ARCHITECTURAL, ENGINEERING AND OTHER PROFESSIONAL SERVICES 3 | P a g e
FORM C – RESUMES OF KEY PERSONNEL

1. Name: Andres Uranga

2. Role in this ServiceArea: Engineer I

3. Years of experience – Total: 9 With currentfirm: 1

4. Education (Degree and Specialization) BS Civil Engineering

5. CurrentRegistration/Certification (State&Discipline) Engineer in Training (E.I.T.), #159171, California

6. OtherProfessionalQualifications(Publications,Organizations,Training,Awards,etc.) Cal OSHA 10-Hour Training

7. Relevant Project – Title & Location (City & State): Ralston CIPR Pavement, Belmont, CA - Year Completed – Professional Services: Ongoing (currently in 100% PS&E) - Year Completed – Construction (if applicable): N/A
- BriefDescription (Scope,size, cost, etc.) and Specific Role: Project Engineering responsible for design of Cold-in-Place Recycling (CIPR) pavement along the project corridor. The project also included updating accessible crosswalk to meet current standards. Total project length is 4,600 feet. - Performed Relevant Project with Current Firm: Yes ☒ No ☐

8. Relevant Project – Title & Location (City & State): Bay Corridor Transmission and Distribution Phase 2, San Francisco, CA
- Year Completed – Construction (if applicable): 2022
- Brief Description (Scope,size, cost, etc.) and Specific Role: Project consisted of the construction of a new 2,000 linear foot underground electrical duct bank. Conducted daily site visits as a Construction Quality Assurance Inspector ensuring the project complied with project drawings and specifications.

Monitored excavation of existing streets, installation of HDPE conduit, backfill, and re-paving activities. Inspected the construction of four new ADA curb ramps. - Performed Relevant Project with Current Firm: Yes ☐ No ☒

9. Relevant Project – Title & Location (City & State): Curb Ramp Retrofits, San Francisco, CA - Year Completed – Professional Services: Ongoing (currently in the post construction monitoring phase)
- Year Completed – Construction (if applicable): 2022
- Brief Description (Scope, size, cost, etc.) and Specific Role: As civil design engineer, assisted the Department of Public Works (SFDPW) in the design and construction of retrofits to the existing city sidewalks, curbs, sewer lines, and streets. Completed the design and drafting for more than 50 intersections. Also assisted the city with the coordination of utility adjustments, cost estimates, preparation of plans, and follow-up with engineering support during construction. - Performed Relevant Project with Current Firm: Yes ☐ No ☒

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CITY OF PACIFICA

STATEMENT OF QUALIFICATIONS PACKAGE

FOR ARCHITECTURAL, ENGINEERING AND OTHER PROFESSIONAL SERVICES 4 | P a g e
FORM C – RESUMES OF KEY PERSONNEL

1. Name: David Brady

2. Role in this ServiceArea: Inspector/Certified Welding Inspector

3. Years of experience – Total: 30 With currentfirm: 1

4. Education (Degree and Specialization) Bob Jones University, BS Physics and Engineering Services

5. CurrentRegistration/Certification (State&Discipline) California Qualified Stormwater Practitioner

6. OtherProfessionalQualifications(Publications,Organizations,Training,Awards,etc.) AWS Certified Welding Inspector

7. Relevant Project – Title & Location (City & State): Old Otay Mesa Road Widening, San Diego, CA - Year Completed – Professional Services: 2018
- Year Completed – Construction (if applicable): 2018
- Brief Description (Scope, size, cost, etc.) and Specific Role: Provided construction administration and inspection for the widening of a 2,600-foot section of an existing road to increase safety. In addition to the road widening the project included relocating existing storm drain facilities, installation of a new 24- inch water main, soil anchors and retaining walls. Responsibilities included managing submittal and RFI process, leading construction progress meetings, coordinating contractor schedule, reviewing and negotiating change orders, inspecting contractor’s work, and scheduling special inspection services. CM fee for this contract totaled $850,000. Role: Construction Administrator and Inspector. - Performed Relevant Project with Current Firm: Yes ☐ No ☒

8. Relevant Project – Title & Location (City & State): Catalina Blvd. Water Main Replacement, San Diego, CA
- Year Completed – Professional Services: 2019
- Year Completed – Construction (if applicable): 2019
- Brief Description (Scope, size, cost, etc.) and Specific Role: Provided construction administration and inspection for 8,700 LF of 24-inch steel and 6,800 LF of 16-inch PVC water lines. Responsibilities included managing submittal and RFI process, leading construction progress meetings, coordinating contractor schedule, reviewing and negotiating change orders, inspecting contractor’s work, and scheduling special inspection services. CM fee for this contract totaled $1.5 Million. Role: Construction Administrator and Inspector.
- Performed Relevant Project with Current Firm: Yes ☐ No ☒

9. Relevant Project – Title & Location (City & State): Regents Road Widening, San Diego, CA - Year Completed – Professional Services: 2017
- Year Completed – Construction (if applicable): 2017
- Brief Description (Scope, size, cost, etc.) and Specific Role: Provided construction administration and inspection for the widening of 2,000 feet of existing Regents Road with the addition of turn pockets. The project included extensive utility relocations and coordination with the various utility organizations.

Responsibilities included representing the City to community stakeholders, managing submittal and RFI process, leading construction progress meetings, coordinating contractor schedule, reviewing and negotiating change orders, inspecting contractor’s work, and scheduling special inspection services. CM fee for this contract totaled $600,000. Role: Construction Administrator and Inspector. - Performed Relevant Project with Current Firm: Yes ☐ No ☒

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COMPENSATION

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– Fee Proposal

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1 REIM- TOTAL TOTAL

SUB- BURSABLE WH TOTAL WH LABOR
TASK DESCRIPTION $325 HRS $195 HRS $175 HRS CONSULTANTS EXPENSES LABOR $ ALL $ HOURS

1. CM, Inspection, & Testing Services
1 Project Coordination 3,900 20 1,313 8 100 5,213 5,313 28 2 Inspection 24,500 140 700 24,500 25,200 140
3 Document Control and Record Keeping 4,375 25 4,375 4,375 25 4 Construction Management 6,500 20 7,800 40 200 14,300 14,500 60 5 Subcontract Management – Geotechnical Inspection Services 875 5 14,858 875 15,733 5 6,500 20 11,700 60 31,063 178 14,858 1,000 49,263 65,120 258 6,500 20 11,700 60 31,063 178 14,858 1,000 49,263 65,120 258 Notes:

C. Dull A. Uranga D. Brady
3/21/2023

PROJECT

ENGINEER (CM)

INSPECTOR

4. All positions may not be shown. If a position is not shown the Charge Rate Fee Schedule will govern.

GRAND TOTAL

1. The amounts may vary between tasks and individuals but the Grand Total amount will not be exceeded without approval of the Client.

2. Total All$ includes subconsultants and reimbursable costs.

3. Hourly rates effective through December 31, 2023 and subject to revision annually thereafter.

City of Pacifica
FY 2023-24 Concrete Improvements Project: CM, Inspection, & Testing Services Fee Proposal (Revised)
Subtotal

PRINCIPAL
CM

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/27/2023
1 SUBJECT:

FY 2023-24 Pavement Resurfacing Project
RECOMMENDED ACTION:

Adopt a Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving the Construction Contract with Pavement Coatings Co. in an amount not to exceed $1,568,829.20 and a Master Services Agreement and Task Order No. 1 with CSG Consultants, Inc. in an amount not to exceed $149,360.00; Authorize a budget authority in the amount of $1,975,917.00, which includes contingencies in an amount not to exceed fifteen percent (15%) of the Construction Contract amounts; Authorize staff to Execute Future Change Orders and Task Orders not to exceed the contingency amount; and Authorize the Designated Personnel to Sign Contract Documents related to the FY 2023-24 Pavement Resurfacing Project.” STAFF CONTACT:

On October 12, 2020, the City Council accepted the City’s 5-year Street Maintenance Program for FY 2020-21 through FY 2024-25. As noted during the October 2020 Council meeting, the main goal of the City’s five-year pavement maintenance program is to both keep good streets in good condition and use a stop gap measure to prevent poor condition streets from falling into expensive reconstructions. A slurry seal (mixture of asphalt oil, water, and coarse sand) is used on good streets to keep them that way. This is the most cost-effective form of street maintenance. Cape seals (asphalt oil and small aggregate covered with a slurry seal) can be used as an inexpensive stop gap measure to keep poor streets from dropping into worse condition with targeted spot pavement repairs.

The FY 2023-24 Pavement Resurfacing Project will resurface approximately 7.72 miles (28 street sections) of City pavement and follows the Council approved 5-year Street Maintenance Program. The type of treatments used generally follow the 5-year pavement program with the exception of value engineering changes made by the pavement consultant to allow for project cost savings. These value engineering changes will allow the City to treat all the streets identified under the City’s FY 2023-24 pavement program. These changes include using two 6 Packet Pg. 92
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March 27, 2023
coats of slurry seal in place of a cape seal on appropriate streets and using a spot treatment called microsurfacing (similar to a thick slurry seal) to address areas of pavement distress. The overall project scope will include roadway cape seals, double slurry seals, slurry seals, asphalt concrete grinding and paving, microsurfacing base repairs, pavement striping and markings and other miscellaneous related work. The project will be funded by money the City receives from SB 1, Measure W and Measure A (Fund 09).

On September 26, 2022, the City Council approved Task Order No. 1 between the City of Pacifica and NCE for Design and Engineering Services related to the FY 2023-24 Pavement Resurfacing Project. The project will resurface streets generally in the Manor District and northern part of Pacifica (see Attachment “C” - Project Plans and Street List). A portion of Manor Drive and Monterey Road will receive a 2-inch asphalt overlay. Sections of Conchita Ct., Cragmont Ct., Del Mar Ave., Fremont Ave., Glasgow Dr., Glencourt Way, Hacienda Ct., Heathcliff Dr., Hibbert Ct., Inverness Dr., Johnson Ave., Lorry Ln., Manor Dr., Milagra Dr., Miller Ave., Monterey Rd., Nelson Ave., Norfolk Dr., Perry Ave, Vista Mar Ave. will receive a cape seal with base repair. Arroyo Dr., Avalon Dr., Edgemar Ave., Lewis Ln., Manor Dr., Nelson Ave. will receive a slurry seal. The project plans are also available to view on the City's website at:
<https://www.cityofpacifica.org/departments/public-works/engineering/capital-improvementprojects>. NCE has been working in the Bay Area since 1990 and is highly regarded for their expertise in pavement design and rehabilitation and for their work with the pavement research branch of the Federal Highways Administration.

The Project was advertised on February 8, 2023, and February 15, 2023, in accordance with the formal bid process. Twenty-six (26) companies requested plans and specifications and five (5) companies submitted bids. On March 9, 2023, the bid opening was held via Zoom by the City Clerk and the result is as follows:

Company Base Bid
Pavement Coatings Co. $1,568,829.20
Doolittle Construction LLC $1,598,598.00
VSS International, Inc. $1,660,120.00
DRYCO Construction, Inc. $1,709,960.77
O'Grady Paving Inc. $1,713,272.60
The apparent low bidder is Pavement Coatings Co. with a base bid amount of $1,568,829.20.

This is approximately 20% over the Engineer’s Estimate, which is related to the recent and ongoing fluctuation and uncertainty in oil prices that directly impacts pavement oils used for resurfacing. All required documentation was submitted with their bid. Pavement Coatings Co. has performed several of the City’s projects in the past and their work has been satisfactory. As there are sufficient project funds from SB1, Measure W and Measure A/Fund 09, the City Manager recommends the award of contract (Attachment "A") to the apparent low bidder, Pavement Coatings Co. In addition, a 15% contingency is recommended to allow enough funding to handle any additional improvements that are identified during construction. Staff recommends authorizing a budget authority for construction in the amount of $1,804,153.00, which includes contingencies in an amount not to exceed fifteen percent (15%) of the Construction Services Agreement amount for any unforeseen conditions and/or additional street work required.

CSG Consultants, Inc., is a full-service engineering firm that specialize in local agency staff augmentation work including, construction management and inspection work. Not only do they have the expertise in construction inspection and management for this type of project but are 6 Packet Pg. 93
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March 27, 2023
also familiar with City standards. Therefore, staff recommends approval of the Master Agreement and Task Order No. 1 between the City of Pacifica and CSG Consultants, Inc. (Attachment "B"), for construction management, inspections, and material testing in the amount not to exceed $171,764, which includes contingencies in the amount not to exceed ten percent (15%) of Task Order No. 1 for any unforeseen conditions and/or additional street work required or requested by the City.

ALTERNATIVE ACTION:

Council may choose not to adopt the resolution and not approve the construction contract.

However, this will result in project delays and possible increase in construction cost. Staff does not recommend this alternative action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

FISCAL IMPACT:

The following is the source and use of funds for the project:

Total Project Source and Use of Funds
SB1 $956,000.00
Measure W $234,340.00
Measure A / Fund 09 $1,000,000.00
Total Source of Funds $2,190,340.00
FY 2023-24 Pavement Resurfacing Project $1,975,917.00
Design and Engineering $161,700.00
Total Use of Funds $2,137,617.00
Project End Balance $52,723.00
The remaining funds will go back to Street Construction Fund 09 to fund future pavement resurfacing projects.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment "A" - Construction Contract with Pavement Coatings Co. (PDF) 6 Packet Pg. 94
Pacifica City Council 4
March 27, 2023
Attachment "B" – Master Agreement and Task Order No. 1 between City of Pacifica and CSG Consultants, Inc. (PDF)
Attachment "C" - Project Plans and Street List (PDF)
6 Packet Pg. 95
Pacifica City Council 5
March 27, 2023
RESOLUTION NO. __-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE CONSTRUCTION CONTRACT WITH PAVEMENT COATINGS CO. IN AN AMOUNT NOT TO EXCEED $1,568,829.20 AND A MASTER SERVICES AGREEMENT AND TASK ORDER NO. 1 WITH CSG CONSULTANTS, INC. IN AN AMOUNT NOT TO EXCEED $149,360.00; AUTHORIZE A BUDGET AUTHORITY IN THE AMOUNT OF $1,975,917.00, WHICH INCLUDES CONTINGENCIES IN AN AMOUNT NOT TO EXCEED FIFTEEN PERCENT (15%) OF THE CONSTRUCTION CONTRACT AMOUNTS; AUTHORIZE STAFF TO EXECUTE

FUTURE CHANGE ORDERS AND TASK ORDERS NOT TO EXCEED THE CONTINGENCY AMOUNT; AND AUTHORIZE THE DESIGNATED PERSONNEL TO SIGN CONTRACT DOCUMENTS RELATED TO THE FY 2023-24 PAVEMENT RESURFACING PROJECT.

WHEREAS, consistent with the City of Pacifica’s Bidding Procedures for Public Projects (Municipal Code Title 3 Chapter 15) the City of Pacifica advertised the Request for Bids for FY 2023-24 Pavement Resurfacing Project on February 8, 2023, and February 15, 2023; and WHEREAS, the low bidder was Pavement Coatings Co.; and
WHEREAS, the City requested proposals from Engineering companies on the City’s OnCall List for the Construction Management, Inspection and Testing services; and WHEREAS, the City evaluated CSG Consultants, Inc. proposal, and is satisfied they can successfully complete the work and has been satisfied with their services on past City projects.

NOW, THEREFORE BE IT RESOLVED that the Governing Board of the City of Pacifica authorizes entering into the construction contract and agreement for the FY 2023-24 Pavement Resurfacing Project and that the person/s who are listed below are authorized to sign the project contract documents for the Governing Board.

NAME TITLE SIGNATURE
Kevin Woodhouse City Manager _______________________
Lisa Petersen Director of Public Works _______________________ Roland Yip Deputy Director of Public Works _______________________ 6 Packet Pg. 96
Pacifica City Council 6
March 27, 2023
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 27th day of March, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

CITY OF PACIFICA
540 Crespi Drive, Pacifica, CA 94044

CONSTRUCTION SERVICES AGREEMENT
FY 2023-24 PAVEMENT RESURFACING PROJECT
DATE: MARCH 27, 2023

1. IDENTIFICATION OF CONTRACTOR:

CONTRACTOR: PAVEMENT COATINGS CO.

CALIFORNIA LICENSE NO: 303609 CLASS: A - General Engineering Contractor

2. SCOPE OF THE WORK
See Scope of Work attached as Appendix A.

COMPENSATION FOR WORK. Contractor’s total compensation for the Work performed under this Agreement (Contract Sum) is $1,568,829.20 to be paid as (check one): (1)  lump sum; (2)  lump sum with progress payments; (3)  per attached schedule of rates and charges, up to a guaranteed not-to-exceed amount of $__________. All payments (check one): shall  shall not be subject to a five percent (5%) retention.

3. SCHEDULE OF PERFORMANCE FOR THE WORK. Contractor shall commence and complete the Work by the following dates:

Commencement Date shall be on the date established in the Notice to Proceed. Owner reserves the right to modify or alter the Commencement Date of the Work.

Substantial Completion Date: Within 60 working days of Commencement Date.

Final Completion Date: Within 60 working days of Substantial Completion.

3.01 Liquidated Damage Amounts.

A. As liquidated damages for delay Contractor shall pay Owner Four Thousand dollars ($4,000.00) for each Day that expires after the time specified herein for Contractor to achieve Substantial Completion of the entire Work, until achieved.

B. As liquidated damages for delay Contractor shall pay Owner Four Thousand dollars ($4,000.00) for each Day that expires after the time specified herein for Contractor to achieve Final Completion of the entire Work, until achieved.

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Packet Pg. 99
Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23
-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT– Page 3 Addresses for Notices: Addresses for Notices:

Pavement Coatings Co. City of Pacifica
2150 Bell Avenue, Suite 125 540 Crespi Drive
Sacramento, CA 95838 Pacifica, CA 94044

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Packet Pg. 100 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 4 Appendix A to Construction Services Agreement

SCOPE OF WORK
The project includes asphalt overlay, cape seal, rubberized chip seal, double slurry seal, slurry seal, microsurfacing, base repair, pavement striping and markings and other miscellaneous related work described in the Plans and Specifications entitled: FY 23-24 Pavement Resurfacing Project.

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Packet Pg. 101 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 5 Appendix B to Construction Services Agreement

Construction Performance Bond; Construction Labor and Materials Payment Bond; Securities in Lieu of Retention Escrow Account.

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Packet Pg. 102 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 6 any purpose unrelated to Contract Documents without Owner’s prior written consent. All copies of Information in written, graphic or other tangible form shall be delivered to Owner upon completion of Work, or earlier if otherwise provided in Contract Documents.

Performance of Work/No Assignment. Time is of the essence in the performance of the Work.

Contractor will perform the Work in a skillful and workmanlike manner; comply fully with criteria established by Owner, and with applicable laws, codes, and all applicable industry standards.

6.a
Packet Pg. 103 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 7 registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.

Notwithstanding any provision of the Contract Documents, Owner shall not be liable to Contractor

6.a
Packet Pg. 104 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 8 or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner’s rights and remedies, whether under the Contract Documents or other applicable law, shall be cumulative and not subject to limitation.

6.a
Packet Pg. 105 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 9 Dispute Resolution. All Contractor claims not otherwise subject to Public Contract Code Sections 20104 et seq shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be confidential, non-binding, pursuant to the construction mediation procedures of JAMS in San Francisco, California, and utilize the services of a mediator mutually acceptable to the parties. If the parties are unable to agree, the mediator will be selected by JAMS from its panel of approved construction industry mediators, having a minimum of 10 years’ experience in the construction industry. The cost of mediation shall be equally shared by all parties to the mediation. The parties shall, prior to the commencement of a mediation pursuant to this Paragraph, upon notice of the other party, exchange relevant, non-privileged project documents in compliance with Code of Civil Procedure Sections 2031.010 et seq. Additionally, the parties may agree mutually to engage in additional discovery prior to mediation. Should the parties proceed with additional discovery, they shall, unless mutually agreed otherwise, comply with Code of Civil Procedure Sections 2019, et. seq. The Mediator will undertake to resolve any discovery disputes relating to the Mediation.

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Packet Pg. 106 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 10 Appendix C to Construction Services Agreement

INSURANCE

5. Insurance policies in Appendix C shall contain an endorsement containing the following terms:

5.02 The policies shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the company’s liability.

5.03 Written notice of cancellation, non-renewal or of any material change in the policies shall be mailed to Owner thirty (30) days in advance of the effective date thereof.

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Packet Pg. 107 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 11

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Packet Pg. 108 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 12 Appendix D to Construction Services Agreement

CONSTRUCTION LABOR AND MATERIAL 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 (Owner) has awarded to Pavement Coatings Co. as Principal a Construction Services Agreement, dated the 27
th day of March, 2023 (Agreement), titled FY 2023-24 Pavement Resurfacing Project located at the City of Pacifica in the amount of $1,568,829.20 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

The project includes asphalt overlay, cape seal, rubberized chip seal, double slurry seal, slurry seal, microsurfacing, base repair, pavement striping and markings and other miscellaneous related work described in the Plans and Specifications entitled: FY 23-24 Pavement Resurfacing Project.

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Packet Pg. 109 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 13

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___.

CONTRACTOR AS PRINCIPAL 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. 110 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 14 Appendix E to Construction Services Agreement

CONSTRUCTION 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 (Owner) has awarded to Pavement Coatings Co. as Principal a Construction Services Agreement, dated the 27
th day of March, 2023 (Agreement), titled FY 2023-24 Pavement Resurfacing Project located at the City of Pacifica in the amount of $1,568,829.20 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

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

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

6.a
Packet Pg. 111 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 15 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 Principal 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 Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.

8. No right of action shall accrue on this bond to or for the use of any person or corporation other than Owner 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___.

CONTRACTOR AS PRINCIPAL 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. 112 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 16 Appendix F to Construction Services Agreement

SUPPLEMENTAL CONDITIONS

1. Plans
See Plans and Specifications entitled: FY 23-24 Pavement Resurfacing Project.

2. Shop Drawings
Shop drawings will not be required on this project.

The premises shall be left in a clean and orderly condition acceptable to the City Engineer.

All applicable safety regulations shall be complied with to protect the public and the Contractor’s employees. Strict compliance with Cal/OSHA safety requirements in doing the work is required.

5. Prevailing Wage Rates
The Contractor shall post, in a location on the job site, the prevailing wage rate Determination which is applicable to this project.

6. Discrimination

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Packet Pg. 113 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 17 No discrimination shall be made in the employment of persons upon public works because of the race, sex, age, color, national origin, creed, sexual orientation or marital status of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Section 1735 of the California Labor Code.

The Contractor and any subcontractor shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices.

8. Materials and Supplies
All materials and supplies called for by contractor’s scope and proposal and shall be new unless otherwise specified.

9. Protection
The Contractor shall provide adequate protection for the site and surroundings throughout the work.

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Packet Pg. 114 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 18 contract. He shall have the authority to reject materials or suspend the work until any question at issue can be referred to and decided by the Engineer.

An inspector will in no case act as foreman or perform other duties for the Contractor, nor interfere with the Contractor’s management of the work.

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Packet Pg. 115 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 19 Unsatisfactory conditions may include, but not limited to: inclement weather, excessively high surf and/or tides, strikes, excessive high or low ambient temperature and inability of delivery of materials by suppliers for good reason.

14. Sound Control Requirements
The Contractor shall comply with all local sound control and noise level rules, regulations and ordinances which apply to any work performed pursuant to the contract.

16. Water Pollution
General:

Contractor shall take all measures necessary to prevent debris or contamination from entering the ocean. Best Management Practice (BMP) shall be enforced at all times.

Correction of Inadequate Pollution and Erosion Control Measures:

Abatement of Other Water Pollution:

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Packet Pg. 116 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 20 The cleanup of water pollution by chemicals, petroleum products, cement or by the escape of any other material that is harmful or potentially harmful, from the work site as a result of the Contractor’s operations, into drainage systems or the ocean shall be the financial responsibility of the Contractor. The means of cleanup and the party or parties to be engaged to perform the cleanup work shall be determined by the Engineer in consultation with appropriate hazardous materials, pollution control, safety, health and wildlife authorities and officials. The Contractor shall immediately carry out cleanup orders issued to him through or by the Engineer and shall make the work site accessible to personnel and equipment from outside pollution control resources called in by the Engineer. The cost of cleanup action called for by the Engineer and performed by outside resources shall be deducted from any monies due or become due the Contractor.

Compensation:

Contractor shall reuse or recycle any useful construction materials generated during the project.

Disposal
At the end of each working day, the Contractor shall collect all scrap, debris and waste material and dispose of such materials properly.

The Contractor shall store all hazardous materials and all hazardous wastes in accordance with secondary containment regulations, and it is recommended that these materials and

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Packet Pg. 117 Attachment: Attachment "A" - Construction Contract with Pavement Coatings Co. [Revision 1] (5303 : FY 2023-24 Pavement Resurfacing FY 23-24 PAVEMENT RESURFACING PROJECT PAVEMENT COATINGS CO. AGREEMENT – Page 21 wastes be covered, as needed, to avoid potential management of collected rain water as a hazardous waste.