Agenda — Pacifica City Council, February 12, 2024 (part 2 of 2)

Exhibit A: Agreement Between the County of San Mateo and Pacifica Resource Center
ATTACHMENT 1

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Packet Pg. 219 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San

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Packet Pg. 232 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San County of San Mateo
Contract Amendment Coversheet and Contract Amendment for >$200K

CONTRACT SUMMARY
Contract No: Contractor Name Amendment No:

RN 077127 Pacifica Resource Center 1
THE AGREEMENT HAS CHANGED AS FOLLOWS:

Agreement Amount
Original Amount: $219,163
Amendment 1 Amount: $223,660
Current Amount: Addition or
Reduction:

New Total:
$219,163 $223,660 $442,823
Agreement Term
Original Start Date: 1/28/2020 Original End Term: 6/30/2022 Amendment 1 Start Date: 1/28/2020 Amendment 1 End Date: 6/30/2023 Paragraph Changes:

Section 3. Payments of the agreement has been amended.

Section 4. Term of the agreement has been amended.

Exhibit A has been amended.

Exhibit B has been amended.

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Packet Pg. 233 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San

AMENDMENT TO AGREEMENT

BETWEEN THE COUNTY OF SAN MATEO AND

PACIFICA RESOURCE CENTER
THIS AMENDMENT TO THE AGREEMENT, entered into this ϭϰth day of June, 2022, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and PACIFICA RESOURCE CENTER, hereinafter called "Contractor";
W I T N E S S E T H:

WHEREAS, pursuant to Government Code, Section 31000, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof;
WHEREAS, the parties entered into an Agreement for increasing the capacity and infrastructure for grocery rescue and redistribution as part of an edible food recovery program on January 28, 2020; and
WHEREAS, the parties wish to amend the Agreement to extend the term and increase the agreement amount.

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

1. Section 3. Payments of the agreement is amended to read as follows:

County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. In no event shall County’s total fiscal obligation under this Agreement exceed four hundred forty-two thousand eight hundred twenty-three dollars ($442,823). In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this agreement.

2. Section 4. Term of the agreement is amended to read as follows:

Subject to compliance with all terms and conditions, the term of this Agreement shall be

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Packet Pg. 234 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San from January 28, 2020, through June 30, 2023.
ϯ͘ Original Exhibit A is replaced with Revised Exhibit A, (rev. 6/ϭϰ/2022). ϰ͘ Original Exhibit B is replaced with Revised Exhibit B, (rev. 6/ϭϰ/2022).

4. All other terms and conditions of the agreement dated January 28, 2020, between the County and Contractor shall remain in full force and effect.

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Packet Pg. 235 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San In witness of and in agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:

For Contractor: PACIFICA RESOURCE CENTER
_____________________________
Contractor Signature
_______________
Date
___________________________
Contractor Name (please print)
For County:

COUNTY OF SAN MATEO
By:

President, Board of Supervisors, San Mateo County
Date:

ATTEST:

By:

Clerk of Said Board
_________________________
ontractor Signature
5/17/2022 Anita M. Rees
Resolution No. 078946
June 14, 2022

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Packet Pg. 236 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San Revised Exhibit A (rev. 6//2022)
Background
Per CA Senate Bill 1383 (SB 1383) regulations, all jurisdictions in the state are required to adopt local ordinances implementing an edible food recovery program. In San Mateo County, all jurisdictions have adopted ordinances in line with the County’s ordinance to create one cohesive countywide edible food recovery program. Contractor must comply with these ordinances including their requirements around health and safety, recordkeeping, program reporting, and spoilage reporting. Contractor must also work with regulated generators, defined as Tier 1 and Tier 2 generators in local edible food recovery ordinances.

Contractor shall contract with regulated generators located in San Mateo County using a standard contract that complies with local edible food recovery program ordinances to recover and redistribute edible food. Contractor shall establish a contract with all regulated generators they are currently recovering surplus food from.

Contractor shall administer this contract and their edible food recovery program in coordination with the County of San Mateo Office of Sustainability.

Contractor shall attend trainings and/or meetings arranged by the County to educate the Contractor’s staff and to help support and improve the countywide edible food recovery program.

Contractor shall create a program expansion plan outlining how their edible food recovery program will grow between Summer of 2022 and Winter of 2023. Contractor shall coordinate with the County to revise the expansion plan as necessary.

By December 31, 2022, Contractor shall assess the edible food recovery needs of all regulated generators in the Contractor’s service area (Pacifica, Daly City, Broadmoor, San Bruno, Colma, and South San Francisco) and their ability to meet those needs. Contractor shall establish contracts with those generators they can service, and, in coordination with the County, create a plan to increase capacity to offer service to the rest.

Contractor will notify the County whenever a generator is unresponsive to the Contractor’s outreach or refuses to sign a contract for edible food recovery.

Contractor shall employ, hire, and train drivers and other staff for the purpose of collecting and redistributing edible food from edible food generators as defined by local ordinances.

Contractor shall service and properly maintain a van/truck or other refrigerated vehicle for the purpose of collecting and redistributing edible food from regulated generators in their service area. Contractor shall be responsible for insurance, fuel, service, and proper maintenance of the van paid from funds provided under this contract.

Contractor shall operate regular route pickups and redistributions for regulated generators with whom they contract, establish best practices for edible food recovery, and conduct outreach and hold trainings with generators as needed. Contractor may follow the Grocery Rescue Donation Guidelines as established by the Second Harvest Silicon Valley Food Bank or similar institution.

Any education material developed by the Contractor for the purpose of informing generators of edible food recovery, whether printed or digital, must be translated from English into Spanish and Simplified Chinese as necessary.

Contractor shall establish relationships with other organizations with food distribution programs able and willing to accept and redistribute surplus edible food recovered by the Contractor to increase Contractor’s edible food recovery capacity and minimize storage time for recovered foods. Contractor shall coordinate with these organizations to deliver surplus recovered food to them for distribution.

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Packet Pg. 237 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San Contractor shall arrange for recovered surplus food to be distributed the same day it is recovered from a generator whenever possible to do so.

Contractor shall report on the progress and activities of their edible food recovery program and provide documentation as required by local edible food recovery ordinances upon request.

Contractor shall coordinate with consultants the County provides to help develop an edible food recovery fee-for-service business model and other process improvements. Contractor shall provide the consultant with all necessary information regarding their edible food recovery activities.

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Packet Pg. 238 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San Amendment Template Version May 2021 Page 1
Revised Exhibit B (rev. 6//2022)
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, County shall pay Contractor based on the following fee schedule and terms for the services of a:

Grocery Rescue & Delivery Driver @ $29.99/hr. including benefits Food Program Coordinator @ $38.10/hr. including benefits Case Manager @ $36.73/hr. including benefits
Direct Services Manager @ $59.37/hr. including benefits Contractor shall be reimbursed for labor and administration costs upon submission of an invoice documenting the expenses. Hourly labor rates may increase due to rising labor costs, any such adjustments shall be agreed upon by the County and the Contractor.

Contractor shall be reimbursed for gas, maintenance, van repairs, and insurance, etc. upon submission of an invoice documenting the expenses.

County shall provide, in advance, $60,000 for the purchase and retrofit of a vehicle to be used for recovering edible food. This amount shall be payable upon execution of the amendment.

In no event shall the County's fiscal obligation exceed $442,823. County shall make payments within 30 business days of receipt and approval of invoices.

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Packet Pg. 239 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San Amendment Template Version May 2021
County of San Mateo
Contract Amendment Coversheet and Contract Amendment for >$200K

CONTRACT SUMMARY
Contract No: Contractor Name: Amendment No:

RN 077217 Pacifica Resource Center 2
THE AGREEMENT HAS CHANGED AS FOLLOWS:

Agreement Amount
Original Amount: $219,163
Amendment 1 Amount: $223,660
Amendment 2 Amount: $160,000
Current Amount: Addition or
Reduction:

New Total:
$442,823 $160,000 $602,823
Agreement Term
Original Start Date: 1/28/2020 Original End Term: 6/30/2022 Amendment 1 Start Date: 1/28/2020 Amendment 1 End Date: 6/30/2023 Amendment 2 Start Date: 1/28/2020 Amendment 2 End Date: 6/30/2024 Paragraph Changes:

Section 3. Payments of the agreement has been amended.

Section 4. Term of the agreement has been amended.

Exhibit A has been amended.

Exhibit B has been amended.

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Packet Pg. 240 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San Amendment Template Version May 2021

AMENDMENT TO AGREEMENT

BETWEEN THE COUNTY OF SAN MATEO AND

PACIFICA RESOURCE CENTER
THIS AMENDMENT TO THE AGREEMENT, entered into this 23rd day of May 2023, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and Pacifica Resource Center, hereinafter called "Contractor";
W I T N E S S E T H:

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

1. Section 3. Payments of the agreement is amended to read as follows:

In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and manner specified in Exhibit B. County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable.

In no event shall County’s total fiscal obligation under this Agreement exceed six hundred and two thousand eight hundred twenty-three dollars ($602,823). In the event that the County makes any advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this agreement.

2. Section 4. Term of the agreement is amended to read as follows:

Subject to compliance with all terms and conditions, the term of this Agreement shall be

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Packet Pg. 241 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San Amendment Template Version May 2021
from January 28, 2020, through June 30, 2024.

3. Original Exhibit A is replaced with Revised Exhibit A, (rev.5/23/23).

4. Original Exhibit B is replaced with Revised Exhibit B, (rev.5/23/23).

5. All other terms and conditions of the agreement dated January 28,2020, between the County and Contractor shall remain in full force and effect.

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Packet Pg. 242 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San Amendment Template Version May 2021
In witness of and in agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:

For Contractor: PACIFICA RESOURCE CENTER
_____________________________
Contractor Signature
_______________
Date
___________________________
Contractor Name (please print)
For County:

COUNTY OF SAN MATEO
By:

President, Board of Supervisors, San Mateo County
Date:

ATTEST:

By:

Clerk of Said Board
For Contractor: PACIFICA RESOU
__________________________
C Si
4/26/2023
Anita M. Rees for
Pacifica Resource Center

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Packet Pg. 243 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San Amendment Template Version May 2021
Revised Exhibit A (rev.5/23/2023)
Background
Per CA Senate Bill 1383 (SB 1383) regulations, all jurisdictions in the state are required to adopt local ordinances implementing an edible food recovery program and requiring large food generating businesses such as, but not limited to, supermarkets, grocery stores with a total facility size of 10,000 or more square feet, food wholesalers and distributors, and hotels with 200 or more rooms (generators) to arrange for edible food recovery services that recover the maximum amount of their surplus edible food possible. Edible food recovery is the act of diverting surplus edible food from businesses, organizations, or events that otherwise would have been disposed of in a landfill or sent to compost. Recovered food is then distributed to people in need. Food recovery organizations and services with expertise in food handling and safety, a deep understanding of hunger and food insecurity in our communities, and infrastructure to distribute food to those in need throughout the county, carry out this recovery service. In San Mateo County, all jurisdictions have adopted ordinances in line with the County’s ordinance to create one cohesive countywide edible food recovery program.

To help the food recovery organizations build capacity for their programs, the County has contracted with Abbe and Associated, a waste management and recycling industry consultant group, to provide Contractor assistance developing a fee-for-service model for the edible food recovery services they provide generators.

Charging fees for the food recovery services Contractor provides will create sustainable funding for their edible food recovery efforts beyond the life of this agreement.

In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services:

Task 1. Coordinate with Abbe & Associates to determine fee-for-service model for edible food recovery services Contractor offers to generators.

1. Correspond with Abbe and Associates over email, phone, and video call as requested by Abbe and Associates to discuss fee-for-service model development.

2. Provide Abbe and Associates staff in-person tours of Contractor’s facilities or food distributions as requested.

3. Compile and provide information on Contractor’s edible food recovery services and food distribution programs to Abbe and Associates upon their request. Information includes but is not limited to standard operating procedures, edible food recovery contracts with generators and other food recovery organizations or services; and records of costs associated with developing and managing Contractor’s food recovery services and food distribution programs.

Task 1. Deliverable:

1. List of facilities toured with Abbe & Associates.

2. Report that details information, contracts, and records provided to Abbe & Associates described in Task 1.3.

Task 2. Finalize edible food recovery agreement contractor will use when establishing agreements with generators.

1. By August 15, 2023, finalize agreement Contractor will offer to new and existing generators Contractor provides edible food recovery services to. Contract will incorporate fee-for-service recommendations from Abbe & Associates.

Deliverable

1. Copy of Contractor’s final edible food recovery agreement template Contractor will provide to generators for edible food recovery services.

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Packet Pg. 244 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San Amendment Template Version May 2021
Task 3. Provide food recovery services to generators.

1. Contractor shall employ, hire, and train drivers and other staff for the purpose of collecting and redistributing edible food from generators.

2. Contractor shall service and properly maintain a van/truck or other refrigerated vehicle for the purpose of collecting and redistributing edible food from generators in their service area to residents via the Contractor’s or other organization’s food distribution programs. Contractor shall be responsible for insurance, fuel, service, and proper maintenance of the van paid from funds provided under this contract.

3. Contractor shall operate regular route pickups and redistributions for generators with whom they contract, and conduct outreach and hold trainings with generators as needed.

4. Contractor shall establish relationships with other organizations with food distribution programs able and willing to accept and redistribute surplus edible food recovered by the Contractor to increase Contractor’s edible food recovery distribution capacity and minimize storage time for recovered foods. Contractor shall coordinate with these organizations to deliver or provide surplus recovered food to them for their distribution to residents.

5. Contractor will maintain records of pounds of food recovered from each generator, tracking pounds per pick up from each generator.

6. Contractor shall report on the progress and activities of their edible food recovery program and provide documentation as required by local edible food recovery ordinances upon request.

Deliverable

1. A monthly record of pounds of food recovered from each generator Contractor provides edible food recovery services to. Record shall be delivered quarterly.

2. Summary of trainings provided to generators each quarter.

3. A report that details efforts to develop relationships with other food distribution programs each quarter.

Task 4 Expand edible food recovery program to additional generators.

1. Contact generators within San Mateo County regulated under local edible food recovery ordinances via phone, email, and/or in-person site visits to inform them of their requirements under local edible food recovery ordinances and Contractor’s edible food recovery services.

2. Keep records of all outreach conducted to generators not yet receiving services by Contractor. Note name, address, method of contact, and response of each generator after being contacted about Contractor’s edible food recovery services.

3. Establish agreements with generators to provide them edible food recovery services using the agreement developed in task 2. Agreements will identify how generators will compensate Contractor for the food recovery services they provide.

4. Onboard generators into Contractor’s food recovery program. This may include on-site visits of generator’s facility, trainings to generator staff, or other coordination with generators.

5. Provide generators regular edible food recovery services.

Deliverables

1. Record of outreach conducted each quarter.

2. List and copy of signed contracts executed with generators each quarter.

3. Summary of efforts to onboard generators each quarter.

Task 5. Other related services as necessary with prior approval from the County including, but not limited to, edible food recovery program piloting, participation in regional work groups, or sharing information on Contractor’s food recovery program with other food recovery organizations or during events/conferences.

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Packet Pg. 245 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San Amendment Template Version May 2021
Revised Exhibit B (rev. 5/23/2023)
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, County shall pay Contractor based on the following fee schedule and terms for the services of a:
- Grocery Program Driver @ $33.03/hr, including benefits - Grocery Rescue & Delivery (GR&D) Program Assistant @ $34.12/hr. including benefits - Grocery Program Coordinator @ $45.35/hr. including benefits - Case Manager @ $40.25/hr. including benefits
- Direct Services Manager @ $63.82/hr. including benefits Contractor shall be reimbursed for labor and administration costs upon submission of an invoice documenting the expenses. Hourly labor rates may increase due to rising labor costs, any such adjustments shall be agreed upon by the County and the Contractor.

Contractor shall be reimbursed for gas, maintenance, van repairs, and insurance, etc. upon submission of an invoice documenting the expenses.

Truck repairs, capacity/infrastructure improvements/equipment shall be paid from funds provided under this contract with prior approval of the County. Contractor will provide documentation for any such expenditures.

All invoices must include:

A. Organization letterhead
B. Current Organization address
C. Agreement/Contract #
D. Invoice #
E. Invoice date
F. Total cost
G. Amount owing
H. Amount previously billed
I. Amount remaining on agreement
Contractor shall provide supporting documents concurrently upon invoice submittal, adequate to substantiate the charges. Adequate supporting documents include, but are not limited to:
deliverable documents, payroll registers, timesheets, detailed invoices, inspection certificates, activity/participant logs, applicant forms, acceptance letters, survey forms, authorized travel/expense forms, service acknowledgment forms, etc. The types of supporting documents required to verify information on invoices depends on the specified contracted services and, if applicable, costs to be reimbursed. The County reserves the right to withhold payment on invoices until Contractor provides adequate supporting documents. The adequacy of supporting documentation is in the sole discretion of the County.

In no event shall the County's fiscal obligation exceed $602,823. County shall make payments within 30 business days of receipt and approval of invoices.

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Packet Pg. 246 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San Amendment Template Version May 2021 Page 1

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Packet Pg. 247 Attachment: Attachment 1_ Agreement with County of San Mateo and Pacifica Resource Center (5573 : Resolution - MOU with County of San 1 MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF PACIFICA AND THE COUNTY OF SAN MATEO TO SUPPORT PACIFICA RESOURCE CENTER’S EDIBLE FOOD RECOVERY

PROGRAM
THIS MEMORANDUM OF UNDERSTANDING (MOU), entered into this 23rd day of February 2024, by and between the County of San Mateo, hereinafter called "the County" and the City of Pacifica, hereinafter called "the City";
W I T N E S S E T H:

WHEREAS, the County and the City are implementing the mandates of the California Code of Regulations, Title 14, Division 7, Chapter 12 Short-Lived Climate Pollutants (SB 1383); and
WHEREAS, SB 1383 mandates that the County and City both establish an edible food recovery program that mandates that large, food-generating businesses and organizations arrange for the maximum amount of their surplus edible food be recovered for human consumption; educate, inspect, and enforce requirements for regulated businesses and organizations for edible food recovery compliance; and expand the capacity of food recovery organizations to recover and distribute all the surplus edible food available for recovery from regulated businesses and organizations within the jurisdictions; and
WHEREAS, since January 28, 2020, the County has contracted with a food recovery organization serving the City’s businesses and residents called Pacifica Resource Center to expand the organization’s edible food recovery and distribution capacity within the city (Exhibit A). Through this contract, the County has provided Pacifica Resource Center with funding to purchase refrigerated vehicles, hire drivers and admin staff, pick up surplus edible food from grocery stores and wholesalers, and distribute collected food to community members in need; and
WHEREAS, on December 1, 2021 the County and City entered into an MOU to establish an edible food recovery program consistent with SB 1383 in the city, which is led and managed by the County. Under this MOU, the County agreed to educate and inspect regulated businesses and organizations and build edible food recovery capacity within the city; and WHEREAS, the City has received grant funding from the California Department of Resources Recycling and Recovery (CalRecycle) under the SB 1383 Local Assistance Grant Program to pay for eligible SB 1383 implementation expenses including edible food recovery program development; and
WHEREAS, the City has a surplus of $19,052.55 of SB 1383 Local Assistance Grant Program grant funding that must be spent by the end of the grant term, May 2, 2024, or else be returned to the State, and is willing to provide these funds to the County for their edible food recovery program work in the city; and
ATTACHMENT 2

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Packet Pg. 248 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo 2 WHEREAS, the County has incurred eligible SB 1383 Local Assistance Grant Program expenses during the grant program term through its agreement with Pacifica Resource Center to develop edible food recovery and distribution capacity in the city; and NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

1. Services to be Performed by the County
A. No later than April 1, 2024, the County shall invoice the City for $19,052.55. This payment will reimburse the County for some of the expenses it incurred during the grant period developing and overseeing an edible food recovery program in the city. The County shall provide invoices from the County’s work with Pacifica Resource Center detailing incurred expenses.

B. The County shall provide information to the City necessary for the City to complete a SB 1383 Local Assistance Grant budget modification form by February 1, 2024. Submitting this form to CalRecycle will reallocate the City’s $19,052.55 of surplus funding to the appropriate grant funding categories in the CalRecycle Grant Management System to allow for funds to be spent on edible food recovery program expenses. The budget modification request must be submitted to CalRecycle by March 1, 2024 in order for the modification to be processed before the end of the grant term.

C. The County shall provide the City with guidance for including the County’s edible food recovery program expenses in the City for the following SB 1383 Local Assistance Grant reports to CalRecycle required of all SB 1383 Local Assistance Grant grantees:
a. Expenditure Itemized Summary #4 due May 2, 2024.
b. Final Report due May 2, 2024.

2. Tasks to be Completed by the Jurisdictions
A. The City shall submit an SB 1383 Local Assistance Grant budget modification form to CalRecycle with information provided by the County by March 1, 2024.

B. The City shall, by May 2, 2024, process and pay in full the invoice valued at $19,052.55, submitted to the City by the County for expenses it incurred during the grant period developing an edible food recovery program in the city.

C. The City shall be responsible for completing and submitting its own SB 1383 Local Assistance Grant reports to CalRecycle with information about the County’s edible food recovery program expenses in the city with the guidance provided by the County.

3. Consideration
The benefit of this MOU to the City is that it ensures that the SB 1383 Local Assistance Grant Program funding the City received is fully invested into the City’s SB 1383 implementation and not returned back to the State. This approach also alleviates the need for the City to incur expenses related to staff, labor, administration, and record keeping necessary to either develop a

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Packet Pg. 249 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo 3 new project eligible to be funded by SB 1383 Local Assistance Grant Program or to return unspent grant funding back to the State.

The benefit of this MOU to the County is that this approach will provide an additional $19,052.55 for investment into edible food recovery program capacity building. This funding will help support efforts to recover surplus edible food for community members in need. It will also benefit the City as the County’s investment into edible food recovery supports the City’s compliance with SB 1383’s edible food recovery requirements.

4. Relationship of Parties
It is expressly understood that this is an agreement between the independent entities, the County and the City, and that no individual agency, employee, partnership, joint venture, or other relationship is established by this MOU. The intent by both the County and the City is to create an independent collaborative relationship.

5. Hold Harmless
A. Except as provided in subsection B. below, the City shall indemnify and save harmless the County and its officers, agents, employees, and servants from all claims, suits, or actions of every name, kind, and description resulting from this Memorandum of Understanding, brought for, or on account of, any of the following:
a) Injuries to or death of any person, including the City or its employees/officers/agents;
b) Damage to any property of any kind whatsoever and to whomsoever belonging; or c) Any other loss or cost, including but not limited to that caused by the concurrent active or passive negligence of the County and/or its officers, agents, employees, or servants. However, the City’s duty to indemnify and save harmless under this Section shall not apply to injuries or damage for which the County has been found in a court of competent jurisdiction to be solely liable by reason of its own negligence or willful misconduct.

The duty of the City to indemnify and save harmless as set forth by this Section shall include the duty to defend as set forth in Section 2778 of the California Civil Code.

B. A party seeking indemnity and defense under this section shall provide the indemnifying and defending party with prompt notice of any claim and give control of its defense and settlement to the indemnifying and defending party. The party seeking indemnity and defense shall also cooperate in all reasonable respects with the indemnifying and defending party, its insurance company, and its legal counsel in its defense of such claim.

The obligation to defend and indemnify pursuant to this section shall not cover any claim in which there is a failure to give the indemnifying and defending party prompt notice, but only to the extent that such lack of notice prejudices the defense of the claim. The indemnifying and defending party may not settle any potential suit hereunder without the other party’s prior written approval, which will not to be unreasonably withheld,

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Packet Pg. 250 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo 4 conditioned, or delayed. If a party who owes indemnity and defense under this section fails to promptly indemnify and defend a covered claim, the other party shall have the right to defend itself, and in such case, the party owning indemnity and defense shall promptly reimburse the other party for all of its associated costs and expenses.

C. The obligations imposed by this section shall survive termination or expiration of the Memorandum of Understanding.

6. Amendment of MOU and Merger Clause
This MOU constitutes the sole MOU of the parties hereto and correctly states the rights, duties, and obligations of each party as of this document's date. In the event that any term, condition, provision, requirement or specification set forth in this body of the MOU conflicts with or is inconsistent with any term, condition, provision, requirement, or specification in any exhibit and/or attachment to this MOU, the provisions of this body of the MOU shall prevail. Any prior MOU, promises, negotiations, or representations between the parties not expressly stated in this document are not binding. All subsequent modifications shall be in writing and will become effective when signed by all parties.

7. Records
The County shall maintain and preserve all records relating to this MOU in its possession and those of any third-party performing work related to this MOU for a period of five (5) years from the termination of this MOU.

8. Assignability
The County shall have the right to assign this MOU or any portion thereof to a third party or subcontract with a third party to perform any act work required under this MOU with the prior written consent of the City, which consent shall not be unreasonably withheld.

9. Notices
Any written notice, request, demand, or other communication required or permitted hereunder shall be deemed to be properly given when deposited with the United States Postal Service, postage prepaid, or when transmitted by email communication, addressed:

In the case of the County, to:

Carolyn Bloede, Director
County of San Mateo Office of Sustainability
455 County Center, 4th Floor
Redwood City, CA 94065
Email: [email protected]
In the case of the City of Pacifica, to:

Kevin Woodhouse, City Manager
City of Pacifica

10.b
Packet Pg. 251 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo 5 170 Santa Maria Avenue
Pacifica, CA 94044
Email: [email protected]

10. Controlling Law and Venue
The validity of this MOU, the interpretation of its terms and conditions, and the performance of the parties hereto shall be governed by the laws of the State of California. Any action brought to enforce this action must be brought in the Superior Court of California in and for the County of San Mateo.

11. Term and Termination
Subject to compliance with the terms and conditions of the MOU, the term of this MOU shall commence on February 23, 2024 and shall extend through July 30, 2024. This MOU may be terminated without cause by the City or the County’s Director of Office of Sustainability or the Director’s designee at any time upon thirty (30) days written notice to the other party.

12. Authority
The parties warrant that the signatories to the MOU have the authority to bind their respective entities.

IN WITNESS WHEREOF, the parties hereto, by their duly authorized representatives, have affixed their hands.

COUNTY OF SAN MATEO
By:____________________________ Date: __________________________ Carolyn Bloede
Director, Office of Sustainability

CITY OF PACIFICA
By:____________________________ Date: __________________________ Kevin Woodhouse
City Manager, City of Pacifica

10.b
Packet Pg. 252 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo Agreement No. Resolution No. 077217

AGREEMENT BETWEEN THE COUNTY OF SAN MATEO AND

PACIFICA RESOURCE CENTER
This Agreement is entered into this 28th day of January 2020, by and between the County of San Mateo, a political subdivision of the state of California, hereinafter called "County," and Pacifica Resource Center, hereinafter called "Contractor."
* * *
Whereas, pursuant to Section 31000 of the California Government Code, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof; and
Whereas, it is necessary and desirable that Contractor be retained for the purpose of increasing the capacity and infrastructure for grocery rescue and redistribution as part of the Edible Food Recovery Program as required under CA SB 1383.

Now, therefore, it is agreed by the parties to this Agreement as follows:

1. Exhibits and Attachments
The following exhibits and attachments are attached to this Agreement and incorporated into this Agreement by this reference:

Exhibit A-Services
Exhibit 8-Payments and.Rates

2. Services to be performed by Contractor
In consideration of the payments set forth in this Agreement and in Exhibit B, Contractor shall perform services for County in accordance with the terms, conditions, and specifications set forth in this Agreement and in Exhibit A.

3. Payments
In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in this Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit 8. County reserves the right to withhold payment if County determines that the quantity or quality of the work performed is unacceptable. In no event shall County's total fiscal obligation under this Agreement exceed two hundred nineteen thousand one hundred sixty-three dollars �219, 163.00).
0 In the event that the County makes any advance
payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration. Contractor is not entitled to payment for work not performed as required by this agreement.

4. Term
Subject to compliance with all terms and conditions, the term of this Agreement shall be from January 28, 2020, through June 30, 2022.

I° :l (}() ti J' J'f
/;i.19, /60

Page 1 ends

Exhibit A: Agreement Between the County of San Mateo and Pacifica Resource Center

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Packet Pg. 266 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo County of San Mateo
Contract Amendment Coversheet and Contract Amendment for >$200K

CONTRACT SUMMARY
Contract No: Contractor Name Amendment No:

RN 077127 Pacifica Resource Center 1
THE AGREEMENT HAS CHANGED AS FOLLOWS:

Agreement Amount
Original Amount: $219,163
Amendment 1 Amount: $223,660
Current Amount: Addition or
Reduction:

New Total:
$219,163 $223,660 $442,823
Agreement Term
Original Start Date: 1/28/2020 Original End Term: 6/30/2022 Amendment 1 Start Date: 1/28/2020 Amendment 1 End Date: 6/30/2023 Paragraph Changes:

Section 3. Payments of the agreement has been amended.

Section 4. Term of the agreement has been amended.

Exhibit A has been amended.

Exhibit B has been amended.

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Packet Pg. 267 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo

AMENDMENT TO AGREEMENT

BETWEEN THE COUNTY OF SAN MATEO AND

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

1. Section 3. Payments of the agreement is amended to read as follows:

2. Section 4. Term of the agreement is amended to read as follows:

Subject to compliance with all terms and conditions, the term of this Agreement shall be

10.b
Packet Pg. 268 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo from January 28, 2020, through June 30, 2023.
ϯ͘ Original Exhibit A is replaced with Revised Exhibit A, (rev. 6/ϭϰ/2022). ϰ͘ Original Exhibit B is replaced with Revised Exhibit B, (rev. 6/ϭϰ/2022).

4. All other terms and conditions of the agreement dated January 28, 2020, between the County and Contractor shall remain in full force and effect.

10.b
Packet Pg. 269 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo In witness of and in agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:

For Contractor: PACIFICA RESOURCE CENTER
_____________________________
Contractor Signature
_______________
Date
___________________________
Contractor Name (please print)
For County:

COUNTY OF SAN MATEO
By:

President, Board of Supervisors, San Mateo County
Date:

ATTEST:

By:

Clerk of Said Board
_________________________
ontractor Signature
5/17/2022 Anita M. Rees
Resolution No. 078946
June 14, 2022

10.b
Packet Pg. 270 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo Revised Exhibit A (rev. 6//2022)
Background
Per CA Senate Bill 1383 (SB 1383) regulations, all jurisdictions in the state are required to adopt local ordinances implementing an edible food recovery program. In San Mateo County, all jurisdictions have adopted ordinances in line with the County’s ordinance to create one cohesive countywide edible food recovery program. Contractor must comply with these ordinances including their requirements around health and safety, recordkeeping, program reporting, and spoilage reporting. Contractor must also work with regulated generators, defined as Tier 1 and Tier 2 generators in local edible food recovery ordinances.

Contractor shall administer this contract and their edible food recovery program in coordination with the County of San Mateo Office of Sustainability.

Contractor shall attend trainings and/or meetings arranged by the County to educate the Contractor’s staff and to help support and improve the countywide edible food recovery program.

Contractor will notify the County whenever a generator is unresponsive to the Contractor’s outreach or refuses to sign a contract for edible food recovery.

Contractor shall employ, hire, and train drivers and other staff for the purpose of collecting and redistributing edible food from edible food generators as defined by local ordinances.

10.b
Packet Pg. 271 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo Contractor shall arrange for recovered surplus food to be distributed the same day it is recovered from a generator whenever possible to do so.

Contractor shall report on the progress and activities of their edible food recovery program and provide documentation as required by local edible food recovery ordinances upon request.

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Packet Pg. 272 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo Amendment Template Version May 2021 Page 1
Revised Exhibit B (rev. 6//2022)
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, County shall pay Contractor based on the following fee schedule and terms for the services of a:

Contractor shall be reimbursed for gas, maintenance, van repairs, and insurance, etc. upon submission of an invoice documenting the expenses.

County shall provide, in advance, $60,000 for the purchase and retrofit of a vehicle to be used for recovering edible food. This amount shall be payable upon execution of the amendment.

In no event shall the County's fiscal obligation exceed $442,823. County shall make payments within 30 business days of receipt and approval of invoices.

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Packet Pg. 273 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo Amendment Template Version May 2021
County of San Mateo
Contract Amendment Coversheet and Contract Amendment for >$200K

CONTRACT SUMMARY
Contract No: Contractor Name: Amendment No:

RN 077217 Pacifica Resource Center 2
THE AGREEMENT HAS CHANGED AS FOLLOWS:

Agreement Amount
Original Amount: $219,163
Amendment 1 Amount: $223,660
Amendment 2 Amount: $160,000
Current Amount: Addition or
Reduction:

Section 3. Payments of the agreement has been amended.

Section 4. Term of the agreement has been amended.

Exhibit A has been amended.

Exhibit B has been amended.

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Packet Pg. 274 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo Amendment Template Version May 2021

AMENDMENT TO AGREEMENT

BETWEEN THE COUNTY OF SAN MATEO AND

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

1. Section 3. Payments of the agreement is amended to read as follows:

2. Section 4. Term of the agreement is amended to read as follows:

Subject to compliance with all terms and conditions, the term of this Agreement shall be

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Packet Pg. 275 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo Amendment Template Version May 2021
from January 28, 2020, through June 30, 2024.

3. Original Exhibit A is replaced with Revised Exhibit A, (rev.5/23/23).

4. Original Exhibit B is replaced with Revised Exhibit B, (rev.5/23/23).

5. All other terms and conditions of the agreement dated January 28,2020, between the County and Contractor shall remain in full force and effect.

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Packet Pg. 276 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo Amendment Template Version May 2021
In witness of and in agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:

For Contractor: PACIFICA RESOURCE CENTER
_____________________________
Contractor Signature
_______________
Date
___________________________
Contractor Name (please print)
For County:

COUNTY OF SAN MATEO
By:

President, Board of Supervisors, San Mateo County
Date:

ATTEST:

By:

Clerk of Said Board
For Contractor: PACIFICA RESOU
__________________________
C Si
4/26/2023
Anita M. Rees for
Pacifica Resource Center

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Packet Pg. 277 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo Amendment Template Version May 2021
Revised Exhibit A (rev.5/23/2023)
Background
Per CA Senate Bill 1383 (SB 1383) regulations, all jurisdictions in the state are required to adopt local ordinances implementing an edible food recovery program and requiring large food generating businesses such as, but not limited to, supermarkets, grocery stores with a total facility size of 10,000 or more square feet, food wholesalers and distributors, and hotels with 200 or more rooms (generators) to arrange for edible food recovery services that recover the maximum amount of their surplus edible food possible. Edible food recovery is the act of diverting surplus edible food from businesses, organizations, or events that otherwise would have been disposed of in a landfill or sent to compost. Recovered food is then distributed to people in need. Food recovery organizations and services with expertise in food handling and safety, a deep understanding of hunger and food insecurity in our communities, and infrastructure to distribute food to those in need throughout the county, carry out this recovery service. In San Mateo County, all jurisdictions have adopted ordinances in line with the County’s ordinance to create one cohesive countywide edible food recovery program.

Charging fees for the food recovery services Contractor provides will create sustainable funding for their edible food recovery efforts beyond the life of this agreement.

In consideration of the payments set forth in Exhibit B, Contractor shall provide the following services:

Task 1. Coordinate with Abbe & Associates to determine fee-for-service model for edible food recovery services Contractor offers to generators.

1. Correspond with Abbe and Associates over email, phone, and video call as requested by Abbe and Associates to discuss fee-for-service model development.

2. Provide Abbe and Associates staff in-person tours of Contractor’s facilities or food distributions as requested.

Task 1. Deliverable:

1. List of facilities toured with Abbe & Associates.

2. Report that details information, contracts, and records provided to Abbe & Associates described in Task 1.3.

Task 2. Finalize edible food recovery agreement contractor will use when establishing agreements with generators.

Deliverable

1. Copy of Contractor’s final edible food recovery agreement template Contractor will provide to generators for edible food recovery services.

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Task 3. Provide food recovery services to generators.

1. Contractor shall employ, hire, and train drivers and other staff for the purpose of collecting and redistributing edible food from generators.

3. Contractor shall operate regular route pickups and redistributions for generators with whom they contract, and conduct outreach and hold trainings with generators as needed.

5. Contractor will maintain records of pounds of food recovered from each generator, tracking pounds per pick up from each generator.

6. Contractor shall report on the progress and activities of their edible food recovery program and provide documentation as required by local edible food recovery ordinances upon request.

Deliverable

1. A monthly record of pounds of food recovered from each generator Contractor provides edible food recovery services to. Record shall be delivered quarterly.

2. Summary of trainings provided to generators each quarter.

3. A report that details efforts to develop relationships with other food distribution programs each quarter.

Task 4 Expand edible food recovery program to additional generators.

4. Onboard generators into Contractor’s food recovery program. This may include on-site visits of generator’s facility, trainings to generator staff, or other coordination with generators.

5. Provide generators regular edible food recovery services.

Deliverables

1. Record of outreach conducted each quarter.

2. List and copy of signed contracts executed with generators each quarter.

3. Summary of efforts to onboard generators each quarter.

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Packet Pg. 279 Attachment: Attachment 2_Final-County-Pacifica MOU for Surplus SB1383 Grant Funds (5573 : Resolution - MOU with County of San Mateo Amendment Template Version May 2021
Revised Exhibit B (rev. 5/23/2023)
In consideration of the services provided by Contractor described in Exhibit A and subject to the terms of the Agreement, County shall pay Contractor based on the following fee schedule and terms for the services of a:
- Grocery Program Driver @ $33.03/hr, including benefits - Grocery Rescue & Delivery (GR&D) Program Assistant @ $34.12/hr. including benefits - Grocery Program Coordinator @ $45.35/hr. including benefits - Case Manager @ $40.25/hr. including benefits
- Direct Services Manager @ $63.82/hr. including benefits Contractor shall be reimbursed for labor and administration costs upon submission of an invoice documenting the expenses. Hourly labor rates may increase due to rising labor costs, any such adjustments shall be agreed upon by the County and the Contractor.

Contractor shall be reimbursed for gas, maintenance, van repairs, and insurance, etc. upon submission of an invoice documenting the expenses.

All invoices must include:

In no event shall the County's fiscal obligation exceed $602,823. County shall make payments within 30 business days of receipt and approval of invoices.

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
2/12/2024
1 SUBJECT:

Resolution to Approve Purchase Agreement with DXP Enterprises Inc for Purchase of pumps for CCWRP Pump Replacement Project (P004)
RECOMMENDED ACTION:

Adopt a Resolution that:

A. Authorizes the City Manager to award and execute a sole source Purchase Agreement for three KSB pumps with DXP Enterprises Inc. (Authorized distributer of KSB pumps); and
B. Approves a total project budget of $66,461.19; and
C. Authorizes the City Manager to execute all documents related to the purchase agreement.

STAFF CONTACT:

Dave Peel, Acting WWTP Plant Manager
(650) 738-4660
[email protected]
Louis Sun, P.E., Deputy Director of Public Works (Wastewater) (650) 738-4662
[email protected]
Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

During the FY 2023-24 Capital Improvements Program (CIP) budget approval process, the Council approved funding for the CCWRP (Calera Creek Water Recycling Plant) Pump Replacement Project (P004). The purpose of this CIP project is to replace broken and malfunctioning pumps at CCWRP.

During FY 2023-24, wastewater maintenance staff replaced three KSB pumps due to breakdowns and malfunctioning problems of these older units. CCWRP prepares for emergencies and breakdowns of equipment at the Plant by stocking various equipment/parts that are needed at the Plant. Included in the stocked equipment are the KSB pumps, which are used to provide North Coast County Water District (NCCWD) with non-potable water, plant drainage, and for pumping water for backwashing the sand filter. During the 2023-24 storm season, three of the existing KSB pumps needed to be replaced with back-stocked pumps, using most of the Plant’s KSB pump supply for these necessary pump replacements. 11 Packet Pg. 282
Pacifica City Council 2
February 12, 2024
Maintenance staff would like to purchase three additional KSB pumps to restock and replace inkind the KSB pump supply. In addition to emergencies, the need for re-stocking these KSB pumps is due to long lead-times to purchase new pumps. The sole source selection of DXP Enterprises (authorized distributor of KSB pumps) is necessary because of the existing design of the non-potable water system, drainage system, and sand filter backwashing system at CCWRP. All these systems are designed and setup to use KSB pumps, and replacing the KSB pumps with a different brand of pumps will cost more due to changes and modifications needed to fit the new pump configuration. Additionally, the Wastewater Division staff is familiar with the KSB pumps and the maintenance requirements for these pumps.

For these reasons, the City Manager is recommending the City Council approve a resolution authorizing the City Manager to award and execute a sole source Purchase Agreement for three (3) KSB pumps with DXP Enterprises Inc. for $66,461.19 and authorize the City Manager to execute all documents related to the purchase and rental agreement.

ALTERNATIVE ACTION:

The Council may choose not to approve the sole source purchase with DXP Enterprises Inc., however, doing so would delay the future replacement of broken pumps and will likely cause operational issues at CCWRP. The City Manager does not recommend this alternate action.

RELATION TO CITY GOALS AND WORK PLAN:

Approval of the Purchase Agreement is consistent with the following Council adopted Goals:
· Improve and steward City infrastructure, streets and facilities: The purchase will improve operations at CCWRP and help protecting public health and our environment.

FISCAL IMPACT:

The Source and Use of Funds spreadsheet is shown below:

Total Use of Funds
Purchase Agreement (including tax and freight) $ 66,461.19 Total Cost $ 66,461.19
Total Project Source
Enterprise Fund (Fund 34) Account No

34.900000.52800.P004.000
$100,000.00
Estimated Project End Balance $ 33,538.81
No additional budget authority is necessary as sufficient funds have been approved in the Wastewater Enterprise Fund for FY 2023-24 to pay for this project.

ORIGINATED BY:

Public Works - Wastewater Division
11 Packet Pg. 283
Pacifica City Council 3
February 12, 2024
ATTACHMENT LIST:

Purchase Agreement DXP Enterprises - KSB pumps-signed (PDF) 11 Packet Pg. 284
Pacifica City Council 4
February 12, 2024
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

APPROVING A SOLE SOURCE PURCHASE AGREEMENT BETWEEN THE CITY OF PACIFICA AND DXP ENTERPRISES INC. FOR PURCHASE OF THREE KSB PUMPS FOR $66,461.19, AND AUTHORIZE THE CITY MANAGER TO EXECUTE ALL DOCUMENTS

RELATED TO THE PURCHASE AND RENTAL NOT TO EXCEED THE BUDGET AMOUNT WHEREAS, during the FY 2023-24 budget approval process, the City Council approved funding for the CCWRP Pump Replacements Project (P004); and WHEREAS, the staff at CCWRP replaced three KSB pumps in FY2023-2024 due to malfunctioning and breakdown problems and needs to purchase three (3) KSB pumps from DXP Enterprises Inc. to replace pumps used from the onsite pump supply; and WHEREAS, the DXP Enterprises Inc. is the authorize distributer of KSB pump; and WHEREAS, the Purchase will improve operations at CCWRP and help protecting public health and our environment.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica to:

Approval of sole source purchase of three (3) KSB pumps between the City of Pacifica and DXP Enterprises Inc., in the total amount of $66,461.19 for CCWRP and authorize the City Manager to execute all documents related to the project.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of February 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers
ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 11 Packet Pg. 285

Page 1 ends

PURCHASE AGREEMENT
CITY OF PACIFICA – WASTEWATER DIVISION
PURCHASE ORDER NO.

Seller (Vendor): Buyer:

Name DXP Enterprises Inc. Name: City of Pacifica
Address 1130 Potrero Avenue Address: 540 Crespi Drive
City, State Zip: Richmond, CA 94804 City, State, ZIP: Pacifica, CA 94044 Attn: Andrew Jones Louis Sun
Phone: (510) 806-5031 Fax: Phone: (650)738-4662 Fax: (650) 355-7256 E-mail: [email protected] Fed. Tax I.D.: E-mail: [email protected] Project Information (If Applicable): Ship To:

Charge to Calera Creek Water Recycling Plant
Acct#: 34.900000.52800.P004.000 – CCWRP Pump
Replacements
700 Pacific Coast Highway
Pacifica, CA 94044
Order Date Ship Via Payment Terms
February 12, 2024 - Net 30 days of invoice Upon Receipt of Equipment Delivery
Buyer and Seller agree as follows:

MATERIAL AND/OR EQUIPMENT TO BE PROVIDED: Vendor shall furnish the materials or equipment described below in strict compliance with the Quotation from DXP Enterprises, Inc. dated 1-10-2024 (Attachment 1) at the price or prices set forth opposite each item and within the times stated below in accordance with the terms and provisions of this Purchase Agreement, including the attached Terms and Conditions, which are incorporated into and made a part of this Agreement:

Item
No.

Item Description Budget
Acct No.

Quantity Unit Price Extension Delivery
Date
1 KSB K 040-252/182XEG-S
KST K Series pump assembly

34.900000.52800.P004.000 2 Each $16,893 $33786
2 KSB.01376390 Discharge
Elbow and lower bracket

34.900000.52800.P004.000 4 Each $1331 $5324
3 KSB 26010601 410A Profile
Gasket DN 40 KRT 40

34.900000.52800.P004.000 1 Each $39 $39
4 KSB 26024602 410 Profile
Gasket DN 40 for 40-250

34.900000.52800.P004.000 1 Each $57 $57
5 KSB K 100-253/224XEG-S
KRT K Series Pump Assembly

34.900000.52800.P004.000 1 Each $21,282 $21,282
TOTAL $60,488
Sales Tax : $ 5973.19
Shipping: $ 66,461.19
P.O. Total: $ 66,461.19 (Not to exceed)

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Packet Pg. 286 Attachment: Purchase Agreement DXP Enterprises - KSB pumps-signed (5563 : Resolution - Approve Purchase Agreement with DXP

11.a
Packet Pg. 287 Attachment: Purchase Agreement DXP Enterprises - KSB pumps-signed (5563 : Resolution - Approve Purchase Agreement with DXP

PURCHASE AGREEMENT
Project Title: CCWRP Pump Replacement P004

Page 3 ends

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

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

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

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

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

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

CHANGES: Buyer may direct in writing changes, including additions to or deletions from the quantities originally ordered, or in the specifications or drawings. If any such change causes a material increase or decrease in the cost of, or the time required for, performance hereunder, an

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PURCHASE AGREEMENT
Project Title: CCWRP Pump Replacement P004

Page 4 ends

equitable adjustment shall be made in the price or schedule. Any claims for adjustment which Seller believes result from any change directed by Buyer shall be asserted in writing by Seller no later than ten (10) days from the date of Seller's receipt of any such direction. Equitable adjustments for any claims or changes under this agreement, including claims arising from terminations or suspensions directed under DEFAULT above, of this agreement, will be made by written Change Order. Nothing contained herein shall excuse Seller from proceeding with the change as directed prior to negotiation of any adjustment. Whether made pursuant to this clause or by mutual agreement, changes shall not be binding upon the Buyer, except when confirmed in writing by a member of the Buyer’s Purchasing Department.

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

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

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

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

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

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PURCHASE AGREEMENT
Project Title: CCWRP Pump Replacement P004

Page 5 ends

written notice of the actual delay incurred, upon receipt of which, the date of promised delivery shall be extended for the time actually lost by reason of an excusable delay.

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

WARRANTIES-GUARANTEES: The Seller warrants that the items, at time of delivery, shall conform to the Buyer’s specifications, the requirements of this Purchase Order, approved sample or samples, if any, and are free from defects in design, material and workmanship. Warranty will be as described in the attached Vendor’s Quotation. At the Buyer’s option, the Seller shall promptly either repair or replace defective items after receipt of the Buyer’s written notice of a defect. Transportation charges for the return and redelivery of defective items shall be borne by the Seller. Seller also warrants that said merchandise is free and clear of all liens and encumbrances whatsoever and the Seller has good and marketable title to same, and Seller agrees to indemnify, defend and hold the City of Pacifica, its officers, agents and employees free and harmless against any and all claimants to said merchandise.

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

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

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

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

Upon receipt of notice of termination, Seller shall immediately discontinue performance and shall comply with Buyer’s instructions concerning disposition of completed and partially completed items, work in progress and materials acquired pursuant to this Purchase Order. In the event of such termination, Seller shall be paid an amount in settlement to be mutually agreed upon by the parties which shall cover Seller’s reasonable costs of performance incurred prior to

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PURCHASE AGREEMENT
Project Title: CCWRP Pump Replacement P004

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termination in connection with the items for which this Purchase Order is terminated plus a reasonable profit based upon such costs. However, said payment shall not exceed the price specified herein for such items. Seller shall advise the Buyer, in writing, of Seller’s claim, if any, for termination costs within ten (10) days after receipt of the notice of termination.

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

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

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PROPOSAL
cortechdxp.com
Company:

Attention:

From:

Quote Number:

Date:

ANAHEIM
1340 N. Jefferson St.

Anaheim, CA 92807
(714) 779-0911

BAKERSFIELD
1122 Carrier Parkway Ave.

Bakersfield, CA 93308
(661) 322-9800

RICHMOND
1130 Potrero Ave.

Richmond, CA 94804
(510) 236-5481

SAN DIEGO
2525 Southport Way Ste A
National City, CA 91959
(714) 779-0911
Calera Creek Water Recycling Plant
Dave Peel
Andrew Jones (510) 806-5031 [email protected]
13703788
January 10, 2024

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cortechdxp.com

ANAHEIM
1340 N. Jefferson St.

Anaheim, CA 92807
(714) 779-0911

BAKERSFIELD
1122 Carrier Parkway Ave.

Bakersfield, CA 93308
(661) 322-9800

RICHMOND
1130 Potrero Ave.

Richmond, CA 94804
(510) 236-5481

SAN DIEGO
2525 Southport Way Ste A
National City, CA 91959
(714) 779-0911

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QUOTATION
Order Date
01/10/2024
Page
1 of 2
Quote Expires On 1/24/2024
Order Number
13703788
(13703788)
US

CALERA CREEK WWTP
700 COAST HIGHWAY
PACIFICA, CA 94044
US
Customer ID:

PACIFICA, CA 94044
700 COAST HIGHWAY
Bill To: Ship To:

CALERA CREEK WWTP
650-738-4660
485964 Order Required Date 03/20/2024
PO Number Ship Route
SERGIO.SANCHEZ
Taker SalesRep
Andrew Jones
Item ID
Item Description
Remaining
Quantities
UOM
Disp.

Unit Size
Pricing
UOM Unit
Price
Unit Size
Price
Extended
Ordered Allocated

2.000 0.000 2.000 EA (001) KSB K 040-252/182XEG -S EA 16,893.0000 33,786.00 Item Required Date: 3/20/2024 1.0 KST K SERIES PUMP ASSEMBLY 1.0 150-200GPM @ 185TDH, Wired 230V
25HP Motor
65ft Cable and Installation Accessories:

Claw - 1 1/2" x 2 WoWi
Elbow - DN 1 1/2" x 2 WoWi
Chain - 30' 5/16"
Shackle - 1/4"
Grip Slide - 1/4" - 5/16"
Upper Bracket 316SS
-
In Stock

4.000 0.000 4.000 EA (002) KSB.01376390 EA 1,331.0000 5,324.00

1.0 DISCHARGE ELBOW AND LOWER 1.0

BRACKET
Item Required Date: 3/20/2024

1.000 0.000 1.000 EA (003) KSB 26010601 EA 39.0000 39.00 Item Required Date: 3/20/2024 1.0 410A PROFILE GASKET DN 40 KRT 40 1.0 Volute Flange to Guide Claw

1.000 0.000 1.000 EA (004) KSB 26024602 EA 57.0000 57.00

1.0 , 410 PROFILE GASKET DN 40 FOR 40-250 1.0
CL
Item Required Date: 3/20/2024
Guide Claw to Elbow

1.000 0.000 1.000 EA (005) KSB K 100-253/224XEG -S EA 21,282.0000 21,282.00 Item Required Date: 3/20/2024 1.0 KRT K SERIES PUMP ASSEMBLY 1.0 Pioneering Solutions in Industrial Distribution Since 1908 ALL SALES SUBJECT TO TERMS AND CONDITIONS AT WWW.DXPE.COM/TERMS.HTML

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QUOTATION
Order Date
01/10/2024
Page
2 of 2
Quote Expires On 1/24/2024
Order Number
13703788
(13703788)
Item ID
Item Description
Remaining
Quantities
UOM
Disp.

Unit Size
Pricing
UOM Unit
Price
Unit Size
Price
Extended
Ordered Allocated
SUB-TOTAL:

Total Lines: 5
60,488.00
TAX: 5,973.19
USD
AMOUNT DUE: 66,461.19
Pioneering Solutions in Industrial Distribution Since 1908 ALL SALES SUBJECT TO TERMS AND CONDITIONS AT WWW.DXPE.COM/TERMS.HTML

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ANAHEIM
1340 N. Jefferson St.

Anaheim, CA 92807
(714) 779-0911

BAKERSFIELD
1122 Carrier Parkway Ave.

Bakersfield, CA 93308
(661) 322-9800

RICHMOND
1130 Potrero Ave.

Richmond, CA 94804
(510) 236-5481

SAN DIEGO
2525 Southport Way Ste A
National City, CA 91959
(714) 779-0911
Standard Terms and Conditions
cortechdxp.com

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Page 13 of 15 ends

March 2015

1. 2.
-

3. 4.

5. -

6. -

7. -

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March 2015
-

8. -

9. 10.

11. 12.

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March 2015

13. 14.
-

15. -
-
-

16. 17.

18. 19.

20. 21.

22. 23.

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
2/12/2024
1 SUBJECT:

Resolution to Approve a Construction Services Agreement with Armour Fence for Fairway Park Backstops Replacement Project
RECOMMENDED ACTION:

Adopt a Resolution to Approve the Construction Services Agreement with Armour Fence for Fairway Park Backstops Project.

STAFF CONTACT:

Bob Palacio, Director - Parks, Beaches & Recreation Department 650 738-7382
[email protected]
BACKGROUND/DISCUSSION:

Fairway Park, located on Cindy Way in the Fairway Park (east) neighborhood, has hosted Pacifica National Little League games since 1957. The facility also provides for the occasional younger age AYSO girls and boys soccer matches.

The facility consists of 3 fields, a snack shack, a batting cage, and a newly updated playground.

The fields are largely maintained by the PNLL per the operating agreement with the City. Each field has a large backstop, and each of those backstops are in need of immediate replacement.

They have been in place for decades, and although small repairs have been made throughout the years, they simply are past their useful life and are failing. 12 Packet Pg. 301
Pacifica City Council 2
February 12, 2024
In meetings between PNLL representatives and city staff, it was agreed that all three backstops needed to be demolished. The support posts, wood, and chain link were no longer stable and were beyond any possible repair. The backstops require full structural replacement.

In December of 2023, The Pacifica Public Works and PB&R Departments spec’d and put out a RFP for the project. We received four (4) bids. The bid opening occurred on January 11, 2024 (see below summary of bids). Armour Fence was the low bid at $174,000. They have significant experience with athletic field fencing and backstop projects. (see project specs attached)

TABULATION OF BIDS
received via ProcureNow

CONTRACTOR BID AMOUNT BOND

1. Armour Fence $ 174,000.00 confirmed

2. Crusader Fence Company LLC $ 475,000.00 confirmed

3. DRYCO Construction Inc $ 217,472.00 confirmed

4. North American Fence & Railing Inc $ 315,043.00 confirmed This project is supported by the PNLL Little League, its volunteers, participants, and supporters.

In addition, the PNLL will be funding the demo and construction of 6 new dugouts for the 3 fields.

ALTERNATIVE ACTION:

Deny the agreement and give staff alternative direction. 12 Packet Pg. 302
Pacifica City Council 3
February 12, 2024
RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
• Improve and steward City infrastructure, streets and facilities.

FISCAL IMPACT:

The funding for this project will come from the Roy Davies Trust. In November of 2023, the City of Pacifica was able to close out the Community Center Playground Project with the State of California. The City then received reimbursement funding in the amount of $201,432. Those funds were then placed into the Roy Davies account. We are proposing to use those funds to fund the entirety or majority of the backstop project. In addition to the $174,000, we are also requesting a 20% contingency due to a number of variables associated with the site. The total request is as follows:

Project Cost 20% Contingency Total Request
$174,000 $34,800 $208,800
ORIGINATED BY:

Parks, Beaches & Recreation Department
ATTACHMENT LIST:

Armour Fence - Construction Services Agreement (1) (PDF) Fairway_Park_Backstops_Replacement_Project_Plans (PDF)
Fairway_Park_Backstops_Replacement_Project_Specs (PDF)
12 Packet Pg. 303
Pacifica City Council 4
February 12, 2024
RESOLUTION NO. _____

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

CONSTRUCTION SERVICES AGREEMENT WITH ARMOUR FENCE FOR FAIRWAY PARK

BACKSTOPS REPLACEMENT PROJECT
WHEREAS, the City of Pacifica is the owner of the Fairway Park facility located on Cindy Way in the City of Pacifica; and
WHEREAS, the City of Pacifica has given permission to the Pacifica Little League since 1957 to play Little League baseball on the three (3) diamonds; and WHEREAS, the City of Pacifica and the PNLL recognize that the existing backstops are past their useful life and are in need of full replacement; and WHEREAS, City staff is requesting permission to allocate $174,000 + a 20% contingency $34,80 totaling $208,800 from the Roy Davies Trust facilities account to fund the Backstop Replacement Project at Fairway Park.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica to Authorize the Construction Services Agreement between the City of Pacifica and Armour Fence for the Fairway Park Backstops Project and the use of Roy Davies Trust funds; and Authorize the City Manager to execute all documents related to the Project. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 12th day of February 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

Page 1 ends

CITY OF PACIFICA
540 Crespi Drive Pacifica, CA 94044

CONSTRUCTION SERVICES AGREEMENT

FAIRWAY PARK BACKSTOPS REPLACEMENT PROJECT
DATE: January 24, 2024

1. IDENTIFICATION OF CONTRACTOR:

CONTRACTOR: ARMOUR FENCE

CALIFORNIA LICENSE NO: 1034748 CLASS: C13 - FENCING

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 $174,000.00, 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 30 working days of Commencement Date.

Final Completion Date: Within 10 working days of Substantial Completion.

3.01 Liquidated Damage Amounts.

A. As liquidated damages for delay Contractor shall pay Owner Eight Hundred and Seventy dollars ($870) 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 Eight Hundred and Seventy dollars ($870) 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

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Owner, and that because of the nature of the Project, it would be impracticable or extremely difficult to fix the actual damages.

B. Liquidated damages for delay shall cover administrative, overhead, interest on bonds, and general loss of public use damages suffered by Owner as a result of delay. Liquidated damages shall not cover the cost of completion of the Work, damages resulting from Defective Work, lost revenues or costs of substitute facilities, or damages suffered by others who then seek to recover their damages from Owner (for example, delay claims of other contractors, subcontractors, tenants, or other third-parties), and defense costs thereof. Owner may deduct from any money due or to become due to Contractor subsequent to time for completion of entire Work and extensions of time allowed pursuant to provisions hereof, a sum representing then-accrued liquidated damages.

4. TERMS AND CONDITIONS.

4.01 Contractor shall perform the Work in accordance with the terms and conditions of this Agreement and the following attachments (together, Contract Documents):

Appendix A – Scope of Work
Appendix B – General Conditions
Appendix C – Insurance
Appendix D – Construction Labor and Materials Payment Bond Appendix E – Construction Performance Bond
Appendix F – Supplemental Conditions

4.02 The Contract Documents are the sole and exclusive provisions that govern the Work. Any provision contained in any Owner purchase order issued in connection with this Agreement or any Work shall be null and void and shall have no force or effect.

4.03 Agreement number must appear on all invoices and correspondence. Send invoices in duplicate immediately upon performance of Work ordered hereon or as otherwise provided in the Contract Documents to :

City of Pacifica, Department of Public Works,
540 Crespi Dr., Pacifica, CA 94044
CONTRACTOR: Armour Fence OWNER: City of Pacifica
_______________________________ __________________________________ Signature Signature
_______________________________ Kevin Woodhouse, City Manager Print Name & Title
______________________________ __________________________________ Date Date
APPROVED AS TO FORM: ATTEST:
_______________________________ __________________________________ Michelle Marchetta Kenyon, City Attorney Sarah Coffey, City Clerk

01/25/2024
Joshua Berglund, President

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Addresses for Notices: Addresses for Notices:

Armour Fence City of Pacifica
Joshua Berglund 540 Crespi Dr.
1160 Battery Street Pacifica, CA 94044
San Francisco, CA 94111

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Appendix A to Construction Services Agreement

SCOPE OF WORK
The project will remove and install the backstops at all three baseball fields at Fairway Park. The work includes removing the existing backstops and installing 20' high backstops with foul ball overhangs, installing fences, safety panels, and other miscellaneous work.

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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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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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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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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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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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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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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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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 Armour Fence as Principal a Construction Services Agreement, dated the 12th of February, 2024 (Agreement), titled Fairway Park Backstops Replacement Project located at the City of Pacifica in the amount of $174,000.00 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

The project will remove and install the backstops at all three baseball fields at Fairway Park. The work includes removing the existing backstops and installing 20' high backstops with foul ball overhangs, installing fences, safety panels, and other miscellaneous work.

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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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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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 Armour Fence as Principal a Construction Services Agreement, dated the 12th of February, 2024 (Agreement), titled Fairway Park Backstops Replacement Project located at the City of Pacifica in the amount of $174,000.00 (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

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progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the Contract Sum, and to pay and perform all obligations of 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

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Appendix F to Construction Services Agreement

SUPPLEMENTAL CONDITIONS

1. Plans
See Plans, Specifications and Estimates.

2. Shop Drawings
Shop drawings maybe 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.

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6. Discrimination
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

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of the Contractor to any failure of the work or materials to conform to the specifications and 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

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suspension of work. Without the Engineer’s approval, any suspensions violate this specification.

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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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.

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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 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.

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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 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: Fairway_Park_Backstops_Replacement_Project_Plans (5578 : Resolution to Approve a Construction Services Agreement with

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CITY OF PACIFICA

FAIRWAY PARK BACKSTOPS REPLACEMENT PROJECT
Technical Specifications

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NICK GUST FIELD
All posts and rails to be Schedule 40 pipe.

All material to be pre galvanized and vinyl coated heavy mil black.

Remove and haul existing backstop and dugout fences.

Install 20’ high backstop with foul ball overhang.

Overhang to extend 10’ from backstop boards.

Backstop wood behind home plate to be (4) boards high, both sides to be (2) boards high.

Dugouts to have (1) board on each side to prevent dirt from entering dugout.

Boards to be 2”x12” high and painted green, existing pads to be re installed.

Install fences at both backstops.

Install (2) 4’x 8’ safety panels at corner of dugouts, panel can be installed in place or Hinged with drop pin.

Existing posts to be cut at grade leaving concrete footing intact.

New posts to be sleeved and welded to existing concrete footings.

Specifications:

Fence fabric 2”-8 gauge black vinyl coated.

Terminal posts 2 7/8”; line posts 2 7/8”, top, mid and bottom rails 1 5/8”.

Backstop boards to be 2”x 12” kiln dried S4S painted green.

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MAJORS FIELD
All posts and rails to be Schedule 40 pipe.

All material to be pre galvanized and vinyl coated heavy mil black.

Remove and haul existing backstop and dugout fences.

Replace chain link and framework 56’ of 12’ high at first base and 50’ of 6’ high at third base lines.

Chain link and framework to be removed, posts to be straightened.

Posts to be painted by others.

New framework, rails and fabric to be installed after posts have dried.

Install 20’ high backstop with foul ball overhang.

Overhang to extend 10’ from backstop boards.

Backstop wood behind home plate to be (4) boards high, both sides to be (2) boards high.

Dugouts to have (1) board on each side to prevent dirt from entering dugout.

Boards to be 2”x12” high and painted green, existing pads to be re installed.

Install fences at both backstops.

Install (2) 4’x 8’ safety panels at corner of dugouts, panel can be installed in place or Hinged with drop pin.

Existing posts to be cut at grade leaving concrete footing intact.

New posts to be sleeved and welded to existing concrete footings.

Specifications:

Fence fabric 2”-8 gauge black vinyl coated.

Terminal posts 2 7/8”; line posts 2 7/8”, top, mid and bottom rails 1 5/8”.

Backstop boards to be 2”x 12” kiln dried S4S painted green.

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Packet Pg. 331 Attachment: Fairway_Park_Backstops_Replacement_Project_Specs (5578 : Resolution to Approve a Construction Services Agreement with

LOU PICCOLOTI FIELD
All posts and rails to be Schedule 40 pipe.

All material to be pre galvanized and vinyl coated heavy mil black.

Remove and haul existing backstop and dugout fences.

Replace chain link and framework 56’ of 12’ high at first base and 50’ of 6’ high at third base lines.

Chain link and framework to be removed, posts to be straightened.

Posts to be painted by others.

New framework, rails and fabric to be installed after posts have dried.

Install 20’ high backstop with foul ball overhang.

Overhang to extend 10’ from backstop boards.

Backstop wood behind home plate to be (4) boards high, both sides to be (2) boards high.

Dugouts to have (1) board on each side to prevent dirt from entering dugout.

Boards to be 2”x12” high and painted green, existing pads to be re installed.

Install fences at both backstops.

Install (2) 4’x 8’ safety panels at corner of dugouts, panel can be installed in place or Hinged with drop pin.

Replace double swing gate at first base dugout and 7’ of fence.

Right side of double gate to be no longer than edge of dugout.

Existing posts to be cut at grade leaving concrete footing intact.

New posts to be sleeved and welded to existing concrete footings.

Specifications:

Fence fabric 2”-8 gauge black vinyl coated.

Terminal posts 2 7/8”; line posts 2 7/8”, top, mid and bottom rails 1 5/8”.

Backstop boards to be 2”x 12” kiln dried S4S painted green.

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Pacifica City CouncilFebruary 12, 2024

Pacifica City Council
February 12, 2024