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April 8, 2024

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preelection review can resolve those uncertainties or, at very least, better inform the November 2024 electorate.

For all these reasons, Local Government Amici urge this Court to exercise its original jurisdiction here and to entertain pre-election review. Should the Court do so, Local Government Amici stand ready to brief the merits to aid the Court’s review.

INTEREST OF AMICI. The Local Government Amici are associations of local governments which provide essential services to Californians. The proposed measure would dramatically curtail their ability to finance those services.

The California Association of Sanitation Agencies (CASA) is a nonprofit mutual benefit corporation organized and existing under the laws of the State of California.

CASA is comprised of over 130 local public agencies throughout the state, including cities, sanitation districts, sanitary districts, community services districts, sewer districts, county water districts, California water districts, and municipal utility districts. CASA’s member agencies provide wastewater collection, treatment, water recycling, renewable energy, and biosolids management services to millions of California residents, businesses, industries, and institutions.

The California Municipal Utilities Association (CMUA) represents 77 publicly owned electric utilities, water agencies, and gas and oil services statewide. Together, CMUA members provide water service to 70 percent of Californians and electric service to 25 percent of the state. CMUA represents its members’ interests on energy and water issues before the California Legislature, the Governor’s Office, and regulatory bodies, such as the California Energy Commission, the California Air Resources Board, the Department of Water Resources, the California Independent System Operator, and the State Water Resources Control Board.

The California Special Districts Association (CSDA) is a non-profit corporation with a membership of more than 1,000 special districts throughout California that was formed to promote good governance and to improve core local services through professional development, advocacy, and other services for all types of independent special districts. Independent special districts provide a wide variety of public services to urban, suburban, and rural communities, including irrigation, water, recreation and parks, cemetery, fire protection, police protection, library, utilities, harbor, healthcare, community-service districts, and more. CSDA monitors issues of concern to special districts and identifies those matters that are of statewide significance, and has identified Document received by the CA Supreme Court.

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Packet Pg. 105 Attachment: Attachment A: Cal Cities' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA Supreme Court of California
September 28, 2023

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this case as having such significance given the harmful impact on special districts throughout the state of the measure it challenges.

The California State Association of Counties (CSAC) is a non-profit corporation.

The membership consists of the 58 California counties. CSAC sponsors a Litigation Coordination Program, which is administered by the County Counsels’ Association of California and is overseen by the Association’s Litigation Overview Committee, comprised of county counsels throughout the state. The Litigation Overview Committee monitors litigation of concern to counties statewide and has determined that this case is a matter affecting all counties.

The League of California Cities (Cal Cities) is an association of 476 California cities dedicated to protecting and restoring local control to provide for the public health, safety, and welfare of their residents, and to enhance the quality of life for all Californians.

Cal Cities is advised by its Legal Advocacy Committee, comprised of 24 city attorneys from all regions of the State. The Committee monitors litigation of concern to municipalities and identifies those cases that have statewide or nationwide significance.

The Committee has identified this case as having such significance.

THE PROPOSED MEASURE CREATES SIGNIFICANT UNCERTAINTY FOR LOCAL GOVERNMENT FINANCE. This Court has recognized our Constitution’s intent “to prevent disruption of [the State’s] operations by interference with the administration of its fiscal powers and policies.” (Wilde v. City of Dunsmuir (2020) 9 Cal.5th 1105, 1122 [quoting Geiger v. Board of Sup’rs of Butte County (1957) 48 Cal.2d 832, 839–840].) The efficient administration of public services requires that governments have the ability to plan and that needless or prolonged uncertainty be avoided. (E.g., Friedland v. City of Long Beach (1998) 62 Cal.App.4th 835, 842–844 [validation statutes afford prompt certainty in public finance disputes to allow governments to plan].)
The pendency of the proposed measure disables fiscal planning by California’s State and local governments. It will affect nearly every revenue source. Section 3 of the measure states its purpose to require voter approval of “any new or higher tax” and to require legislative, not administrative, action on “all fees or other charges.” (Emphasis added.) It states intent to reverse decisions of this and other courts involving:
• initiative taxes (California Cannabis Coalition v. City of Upland (2017) 3 Cal.5th 924),
Document received by the CA Supreme Court.

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Packet Pg. 106 Attachment: Attachment A: Cal Cities' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA Supreme Court of California
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• fees in lieu of compliance with regulatory measures (California Chamber of Commerce v. State Air Resources Bd. (2017) 10 Cal.App.5th 604), • price controls (Schmeer v. County of Los Angeles (2013) 213 Cal.App.4th 1310), • advisory measures related to general taxes (Johnson v. County of Mendocino (2018) 25 Cal.App.5th 1017),
• application of city taxes to annexed areas (Citizens Assn. of Sunset Beach v.

Orange County Local Agency Formation Com. (2012) 209 Cal.App.4th 1182); and
• referenda on utility fees and other revenue measures (Wilde, supra, 9 Cal.5th 1105).
(Measure, § 3, subd. (e).)
And it is replete with broad pronouncements and undefined terms, some puzzling. For example, its newly tightened restrictions on fees for government services or products limit them to the “[a]ctual cost” to provide the service or product, stating:

In computing “actual cost” the maximum amount that may
be imposed is the actual cost less all other sources of revenue including, but not limited to taxes, other exempt charges, grants, and state or federal funds received to provide such service or product.
(Measure, § 5 [proposed Cal. Const., art. XIII C, § 1, subd. (a)].) What other taxes must be used to subsidize utility services? The phrase “all other sources of revenue” seems encompassing but, surely, cities must still fund police and fire services and cannot be obliged to divert tax revenues needed to do so to subsidize utility service. How might a local government subsidize utility rates with the proceeds of “other exempt charges” without violating the requirement that the proceeds of those charges fund only the purpose for which they are imposed? (Measure, § 6 [proposed Cal. Const., art. XIII C, § 2, subd. (h)(1)].)
As a second example, a revenue measure would be deemed “imposed” when it is collected. (Measure, § 5 [proposed California Const., art. XIII C , § 1, subd. (d)].) But only legislative bodies may “impose” an exempt charge. (Measure, § 6 [proposed Cal. Const., Document received by the CA Supreme Court.

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Packet Pg. 107 Attachment: Attachment A: Cal Cities' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA Supreme Court of California
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art. XIII C, § 2, subd. (e)].) Are city councilmembers to issue utility bills? And the unamended text of California Constitution, article XIII D, section 6 requires notice and hearing to “impose” a property-related fee, within the newly defined, “exempt charge.” Are utility ratemaking hearings now required monthly before each mailing of bills? As a final example, local fines and penalties are now permitted only “pursuant to an adjudicatory process.” (Measure, § 5 [proposed Cal. Const., art. XIII C, § 1, subd. (i)(4).) Must a neutral preside over librarians assessing late fines? Accompany parking meter readers? Or must voters approve every such regulatory device? In short, should the measure become law, there will be ample interpretative work for local governments, their counsel, and courts.

THE CONSEQUENCES OF THAT UNCERTAINTY ARE ALREADY FELT. The measure will invalidate every local government revenue measure adopted after January 1, 2022 that did not anticipate its requirements unless reapproved by voters in the 12 months following the measure’s late-2024 effective date:

Any tax or exempt charge adopted after January 1, 2022, but prior to the effective date of this act, that was not adopted in compliance with the requirements of this section is void 12 months after the effective date of this act unless the tax or exempt charge is reenacted in compliance with the
requirements of this section.
(Measure, § 6 [proposed Cal. Const., art. XIII C, § 2, subd. (q), emphasis added].) But “the requirements of this section” include a duty to present general taxes only at general elections. (Measure, § 6 [proposed Cal. Const., art. XIII C, § 2, subd. (b)].) And, statute requires most local governments to conduct elections on State general election dates — in even-numbered years. (Elec. Code, § 14052.) Thus, absent a unanimous Council or Board declaration of a fiscal emergency, general taxes must lapse from late 2025 until they can be renewed in 2026. (Measure, § 6 [proposed Cal. Const., art. XIII C, § 2, subd. (b)].) The risk that many government revenue measures may lapse in late 2025, either because voters do not reapprove them or because a governing body cannot muster a unanimous declaration of fiscal emergency to justify a special election on a general tax, is already undermining certainty and impairing planning in government finance. Rational government leaders may:

Document received by the CA Supreme Court.

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Packet Pg. 108 Attachment: Attachment A: Cal Cities' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA Supreme Court of California
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• restrain spending in the current and next fiscal year to build reserves, declining to undertake new initiatives absent a certain funding source; new challenges arising from climate change, wildfire risk, and ocean rise must await more certain times;
• budget for FY 2025–2026 accounting for the risk that major revenue streams may lapse midyear; and,
• consider whether to update continuing disclosures to the security markets to reflect these new risks to repayment of outstanding debt (17 CFR 240.15c2-12 [duty to make continuing disclosures to debt markets of financial circumstances of issuers of municipal securities]).

Lenders to State and local governments can also be expected to respond to these risks, including risk premiums in interest rates offered or denying credit altogether. As this Court recently wrote:

We feel that the possibility of future litigation [over the county’s loan guarantees] is very likely to have a chilling effect upon potential third party lenders, thus resulting in higher interest rates or even the total denial of credit … . (Davis v. Fresno Unified School Dist. (2023) 14 Cal.5th 671, 694 [quoting and abridging Walters v. County of Plumas (1976) 61 Cal.App.3d 460, 468].) These impacts are felt now. They will worsen as the November 2024 election approaches and the campaign on the proposed measure unfolds. Should it pass, even were this Court to entertain post-election review in its original jurisdiction, decision cannot be expected sooner than mid-2025 — after elections have been called to readopt those measures subject to retroactive invalidation. (Cf. Amador Valley Joint Union High Sch.

Dist. v. State Bd. of Equalization (1978) 22 Cal.3d 208 [upholding Prop. 13 three months after its approval].) This measure has far more serious implications for local government financial stability than did Proposition 13, which affected only ad valorem property taxes.

And, of course, unlike the earlier measure, it impairs both State and local finance. It warrants exercise of this Court’s original jurisdiction. The uncertainties noted above warrant preelection review.

Document received by the CA Supreme Court.

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Packet Pg. 109 Attachment: Attachment A: Cal Cities' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA Supreme Court of California
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CONCLUSION. The Petition demonstrates that, at the very least, powerful arguments can be made that the proposed measure is an unconstitutional initiative revision of our Constitution that would impair essential State and local government functions. This letter demonstrates the uncertainties its questionable drafting raise for State and local government finance and that those uncertainties already have deleterious effects on government finance. For all these reasons, Local Government Amici urge this Court to exercise its original jurisdiction, entertain preelection review of the measure, and invite full briefing and argument of the merits. If it does so, Local Government Amici will be pleased to brief the merits to assist that review.

Respectfully submitted,
Michael G. Colantuono
Counsel for Local Government Amici
State Bar No. 143551
MGC:mgc
Attachment: Proof of Service
cc: California Association of Sanitation Agencies
California Municipal Utilities Association
California Special Districts Association
California State Association of Counties
League of California Cities
Document received by the CA Supreme Court.

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Packet Pg. 110 Attachment: Attachment A: Cal Cities' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA 323216 1

PROOF OF SERVICE
Legislature of the State of California et al. v. Weber (Hiltachk) Supreme Court of California Case No. S281977
I, Tracey S. West, declare:

I am employed in the County of Los Angeles, State of
California. I am over the age of 18 and not a party to the within action. My business address is 790 E. Colorado Boulevard, Suite 850, Pasadena, CA 91101-2109. On September 28, 2023, I served the document(s) described as LOCAL GOVERNMENT AMICI
LETTER SUPPORTING REQUEST FOR REVIEW on the interested
parties in this action as follows:

SEE ATTACHED LIST FOR METHOD OF SERVICE
BY MAIL: By enclosing the document(s) in a sealed envelope addressed to the person(s) at the address listed in the Service List.

The envelope was mailed with postage thereon fully prepaid. I am readily familiar with the firm’s practice of collection and processing correspondence for mailing. Under that practice it would be deposited with the United States Postal Service on that same day with postage fully prepaid at Pasadena, California, in the ordinary course of business. I am aware that on motion of the party served, service is presumed invalid if the postal cancellation date or postage meter date is more than one day after service of deposit for mailing in affidavit.

BY E-MAIL OR ELECTRONIC TRANSMISSION: By
electronically mailing the document(s) to the persons at the e mail addresses listed in the Service List. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission.

BY ELECTRONIC SERVICE: I electronically transmitted the above document(s) to the person(s) at the e-mail address(es) set forth below via the TrueFiling electronic service portal.

Document received by the CA Supreme Court.

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Packet Pg. 111 Attachment: Attachment A: Cal Cities' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA 323216 1
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on September 28, 2023, at St. Louis, Missouri.

Tracey S. West
Document received by the CA Supreme Court.

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Packet Pg. 112 Attachment: Attachment A: Cal Cities' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA 323216 1

SERVICE LIST
Legislature of the State of California et al. v. Weber (Hiltachk) Supreme Court of California Case No. S281977
Richard R. Rios
Margaret R. Prinzing
Robin B. Johansen
Inez Kaminski
Olson Remcho, LLP
1901 Harrison Street, Suite 1550
Oakland, CA 94612
Phone: (510) 346-6200
Fax: (510) 574-7061
Email: [email protected]
Attorneys for Petitioners
Legislature of the State of
California, Governor Gavin
Newsom, and John Burton

VIA TRUEFILING
Steven J. Reyes
Chief Counsel
Office of the Secretary of State
1500 11th Street
Sacramento, CA 95814
Phone: (916) 653-7244
Email: [email protected]
Attorneys for Respondent
Secretary of State
Shirley N. Weber, Ph.D.

VIA TRUEFILING
Thomas W. Hiltachk
Bell, McAndrews & Hiltachk, LLP
455 Capitol Mall, Suite 600
Sacramento, CA 95814
Phone: (916) 442-7757
Email: [email protected]
Real Party in Interest
Thomas W. Hiltachk

VIA TRUEFILING
Office of the Attorney General
P.O. Box 944255
Sacramento, CA 94244-2550
Pursuant to Rule 8.29 of the
California Rules of Court
VIA U.S. MAIL
Document received by the CA Supreme Court.

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Packet Pg. 113 Attachment: Attachment A: Cal Cities' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA 323216 1
California Association of
Sanitation Agencies
Attn: Spencer Saks
Adam Link
925 L Street, Suite 200
Sacramento, CA 95814
Email: [email protected]
[email protected]
Courtesy Copy

VIA E-MAIL
California Municipal
Utilities Association
Attn: Danielle Blacet
915 L Street, Suite 1210
Sacramento, CA 95814
Email: [email protected]
Courtesy Copy

VIA E-MAIL
California Special Districts
Association
Attn: Mustafa Hessabi
1112 I Street, Suite 200
Sacramento, CA 95814
Email: [email protected]
Courtesy Copy

VIA E-MAIL
California State Association of
Counties
Attn: Jennifer Henning
1100 K Street, Suite 101
Sacramento, CA 95814
Email: [email protected]
Courtesy Copy

VIA E-MAIL
League of California Cities
Attn: Sheri Chapman
Corrie Manning
1400 K Street, Suite 400
Sacramento, CA 95814
Email: [email protected]
[email protected]
Courtesy Copy

VIA E-MAIL
Document received by the CA Supreme Court.

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Packet Pg. 114 Attachment: Attachment A: Cal Cities' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA September 26, 2023

BY EMAIL TRANSMISSION
The Honorable Chief Justice Patricia Guerrero
and Associate Justices
California Supreme Court
350 McAllister Street, Fourth Floor
San Francisco, CA 94102-4797
RE: Amicus Curiae Letter of Mayors Todd Gloria, Karen Bass, Matt Mahan, London Breed, Darrell Steinberg, Rex Richardson, Sheng Thao, and Farrah Khan Supporting Preelection Review in Legislature v. Weber, No. S281977 To the Honorable Chief Justice and Associate Justices of the California Supreme Court:

Pursuant to California Rule of Court 8.500, the Mayors of the cities of San Diego, Los Angeles, San José, San Francisco, Sacramento, Long Beach, Oakland, and Irvine respectfully urge this Court to grant review in Legislature v. Weber, No. S281977. Petitioners have asked the Court for emergency relief to prevent the “Taxpayer Protection and Government Accountability Act” (the “Measure”) from being placed on the November 2024 ballot. Not only does the Measure impermissibly use the voters’ initiative power to revise the California Constitution by making fundamental changes to the structure and foundational powers of government, it also includes a retroactivity provision that poses an immediate threat to vital state and local services that are so important to our cities’ residents.

As Mayors of large cities representing diverse communities across the State, our cities will be forced to reassess and potentially slash lawfully prepared budgets in anticipation that the Measure might pass. The Measure’s retroactivity provision coupled with the limited 12- month period to prepare and hold validating special elections would leave no time to resolve the myriad of important and complex issues presented by the Measure in post-election litigation.

Pre-election review by the Court is therefore necessary to address the Measure’s validity, and to protect state and local governments from the potentially dire and unnecessary consequences of having to implement this invalid measure -- even before it passes. We urgently request the Court’s assistance in resolving the constitutionality of the Measure at the earliest possible date.

The Court’s original jurisdiction is properly exercised in a case that presents issues “of great public importance and should be resolved promptly.” (Amador Valley Joint Union High School Dist. v. State Bd. of Equalization (1978) 22 Cal.3d 208, 219.) The breadth of the Measure’s proposed changes, and the severity of their potential impact – particularly on programs that are so essential in major urban areas -- present issues of great importance that justify pre-election review and exercising the Court’s original jurisdiction. It would eliminate foundational state and local legislative and executive powers to raise and allocate revenue. Such “far-reaching changes” to California’s “fundamental governmental structure” is a qualitative revision of the Constitution, and cannot be imposed via initiative. (Strauss v. Horton (2009) 46 Cal.4th 364, 444.)
Document received by the CA Supreme Court.

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Packet Pg. 115 Attachment: Attachment B: Mayors' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA September 26, 2023

Starting in 2025, billions of dollars in critical funding may be vulnerable as a result of the Measure – including revenue that voters and the government have already dedicated toward schools, fire and emergency response, law enforcement, public health, roads, and more – all enacted in good faith reliance on current law.
1The crises that will inevitably arise, from
natural disasters to pandemics, will only put further strain on other essential government functions – while elections are planned and voter approval has to be sought.

It is crucial that Californians have clarity now regarding the Measure’s validity.

If and when the Measure passes, the State and local governments will have to act immediately to prepare for shortfalls, protect essential government functions, and prepare for special elections.

By granting review now, the Court has the opportunity to prevent Californians from voting on an improper Constitutional revision, and to relieve our communities of the pressure to comply with the Measure before its validity is determined. In this important case of first impression, we urge the Court to grant review now.

Sincerely,
Todd Gloria
Mayor
City of San Diego
Karen Bass
Mayor
City of Los Angeles
Matt Mahan
Mayor
City of San José
London Breed
Mayor
City of San Francisco
Darrell Steinberg
Mayor
City of Sacramento

Rex Richardson
Mayor
City of Long Beach
Document received by the CA Supreme Court.

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Packet Pg. 116 Attachment: Attachment B: Mayors' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA September 26, 2023

Sheng Thao
Mayor
City of Oakland
Farrah Khan
Mayor
City of Irvine
CC: Margaret R. Prinzing, Counsel for Petitioners the Legislature of the State of California, Governor Gavin Newsom, et al. (via e-mail)
Steven Reyes, Counsel for Respondent Secretary of State Shirley N. Weber, Ph.D. (via email) Thomas W. Hiltachk, Counsel for and Real Party in Interest (via e-mail) Document received by the CA Supreme Court.

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Packet Pg. 117 Attachment: Attachment B: Mayors' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA

PROOF OF SERVICE
I, the undersigned, declare under penalty of perjury that:

I am a citizen of the United States, over the age of 18, and not a party to the within cause of action. My business address is 202 W. C Street, 11th Floor San Diego, CA 92101.

On September 26, 2023, I served a true copy of the following document(s):

Amicus Letter of Mayors Todd Gloria, Karen Bass, Matt Mahan, London Breed, Darrell Steinberg, Rex Richardson, Sheng Thao, and Farrah Khan Supporting Request for Review in Legislature v. Weber, Case No. S281977.
on the following parties in said action:
☐ BY UNITED STATES MAIL: By enclosing the document(s) in a sealed envelope or package addressed to the person(s) at the address above and ☐ depositing the sealed envelope with the United States Postal Service, with the postage fully prepaid.
☐ placing the sealed envelope for collection and mailing, following our ordinary business practices. I am readily familiar with the business’s practice for collecting and processing correspondence for mailing. On the same day that correspondence is placed for collection and mailing, it is deposited in the ordinary course of business with the United States Postal Service, located in San Diego, in a sealed envelope with postage fully prepaid.
☐ BY OVERNIGHT DELIVERY: By enclosing the document(s) in an envelope or package provided by an overnight delivery carrier and addressed to the persons at the addresses listed. I placed the envelope or package for collection and overnight delivery at an office or a regularly utilized drop box of the overnight delivery carrier. ☐ BY MESSENGER SERVICE: By placing the document(s) in an envelope or package addressed to the persons at the addresses listed and providing them to a professional messenger service for service.
☐ BY FACSIMILE TRANSMISSION: By faxing the document(s) to the persons at the fax numbers listed based on an agreement of the parties to accept service by fax transmission. No error was reported by the fax machine used. A copy of the fax transmission is maintained in our files.

Document received by the CA Supreme Court.

6.b
Packet Pg. 118 Attachment: Attachment B: Mayors' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA  BY EMAIL TRANSMISSION: By electronically mailing the document(s) to the persons at the e-mail addresses listed above based on a court order or an agreement of the parties to accept service by e-mail. No electronic message or other indication that the transmission was unsuccessful was received within a reasonable time after the transmission.

I declare, under penalty of perjury, that the foregoing is true and correct. Executed on September 26, 2023, in San Diego.
_____________________________
Document received by the CA Supreme Court.

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Packet Pg. 119 Attachment: Attachment B: Mayors' Amicus Letter (5622 : Opposing Taxpayer Protection & Gov Accountability Act, Initiative 21-0042A1 (CA

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/8/2024
1 SUBJECT:

Resolution Designating the City Manager and the Director of Public Works, by title, as Applicant's Agent for Non-State Agencies for the California Office of Emergency Services (CalOES) Public Assistance Programs
RECOMMENDED ACTION:

Adopt the Resolution of the City Council of the City of Pacifica Designating the City Manager and the Director of Public Works as Applicant's Agent for Non-State Agencies for the California Office of Emergency Services (CalOES).

STAFF CONTACT:

Lisa Petersen, Director of Public Works
(650) 738-3767
[email protected]
Roland Yip, P.E, Deputy Director Public Works
(650) 738-3767
[email protected]
BACKGROUND/DISCUSSION:

During severe winter storms, the City experienced high/large wave events that caused damage to the city infrastructure. This included deposits of excess sand, damage to Pacifica Pier, Beach Blvd Seawall, and Milagra Outfall. The City can request funding assistance from the California Office of Emergency Services for costs incurred during disaster events.

In time of natural disasters, the Governor requests the Federal Government for the Declaration of Federal Emergency. If a Federal Emergency is declared, the Federal Emergency Management Agency (FEMA) distributes funds to the California Office of Emergency Services (CalOES) for the Public Assistance Program. Additionally, outside of disaster times, CalOES irregularly offers the Hazard Mitigation Grant Program to mitigate hazards before they occur.

The Public Assistance Program allows affected jurisdictions to recover up to 93.75% (75% FEMA, 18.75% CalOES) of eligible disaster related costs incurred during the disaster period.

The Hazard Mitigation Grant Program allows successfully applied for projects to receive 75% in project funding. CalOES requires the City to designate an "Applicant's Agent" through a City Council Resolution. This designation is required in order for the City to receive reimbursement. The attached resolution is in strict format of CalOES, and its adoption is required prior to the City receiving any reimbursement. The last Applicant’s Agent designation was authorized by the Council to the City Manager or Director of Public Works at 1/11/2021 Council meeting for three years and is now expired. This designation needs to again occur to allow the City to receive money from CalOES for emergency events. 7 Packet Pg. 120
Pacifica City Council 2
April 08, 2024
The City Manager recommends the adoption of the attached resolution entitled “A Resolution of the City Council of the City of Pacifica Designating the City Manager or Director of Public Works as Applicant's Agent for Non-State Agencies for the California Office of Emergency Services Public Assistance Program & Hazard Mitigation Grant Program”.

ALTERNATIVE ACTION:

Council may choose not to adopt the resolution. However, doing so will make the City ineligible to receive Public Assistance Program funds and Hazard Mitigation Grants. Staff does not recommend this alternative action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Adoption of the attached resolution relates to the following City Council goal:
• Improve and steward City Infrastructure, streets, and facilities: Adopting the resolution will make the funds available to fix city infrastructure damaged during emergency events.

FISCAL IMPACT:

None. Adoption of the attached resolution is a requirement by CalOES for the City to be eligible for Public Assistance Program funds.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:
7 Packet Pg. 121
Pacifica City Council 3
April 08, 2024
RESOLUTION NO. ___-2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA DESIGNATING THE

CITY MANAGER AND THE DIRECTOR OF PUBLIC WORKS AS APPLICANT'S AGENT FOR

NON-STATE AGENCIES FOR THE CALIFORNIA OFFICE OF EMERGENCY SERVICES (CALOES) PUBLIC ASSISTANCE PROGRAM

STATE OF CALIFORNIA
GOVERNOR’S OFFICE OF EMERGENCY SERVICES Cal OES ID No: ________

DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON-STATE AGENCIES

BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFICA THAT THE CITY MANAGER OR DIRECTOR OF PUBLIC WORKS is hereby authorized to execute for and on behalf of the City of Pacifica, a public entity established under the laws of the State of California, this application and to file it with the California Governor’s Office of Emergency Services for the purpose of obtaining federal financial assistance for any existing or future grant program, including, but not limited to any of the following:
- Federally declared Disaster (DR), Fire Mitigation Assistance Grant (FMAG), California State Only Disaster (CDAA), Immediate Services Program (ISP), Hazard Mitigation Grant Program (HMGP), Building Resilient Infrastructure and Communities (BRIC), Legislative Pre-Disaster Mitigation Program (LPDM), under - Public Law 93-288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and/or state financial assistance under the California Disaster Assistance Act.
- Flood Mitigation Assistance Program (FMA), under Section 1366 of the National Flood Insurance Act of 1968.
- National Earthquake Hazards Reduction Program (NEHRP) 42 U.S. Code 7704 (b) ((2) (A) (ix) and 42 U.S. Code 7704 (b) (2) (B) National Earthquake Hazards Reduction Program, and also The Consolidated Appropriations Act, 2018, Div. F, Department of Homeland Security Appropriations Act, 2018, Pub. L. No. 115-141 - California Early Earthquake Warning (CEEW) under CA Gov Code – Gov, Title 2, Div. 1, Chapter 7, Article 5, Sections 8587.8, 8587.11, 8587.12 That the City of Pacifica, a public entity established under the laws of the State of California, hereby authorizes its agent(s) to provide to the Governor’s Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required.

Please check the appropriate box below:
[X] This is a universal resolution and is effective for all open and future disasters up to three (3) years following the date of approval below.
[ ] This is a disaster specific resolution and is effective for only disaster number(s) • • • • •
7 Packet Pg. 122
Pacifica City Council 4
April 08, 2024
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on April 8, 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

CERTIFICATION
I, Sarah Coffey, duly appointed and City Clerk of the City of Pacifica, do hereby certify that the above is a true and correct copy of a Resolution passed and approved by the City Council of the City of Pacifica on the 8th day of April, 2024.

City Clerk
Signature Title
7 Packet Pg. 123

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/8/2024
1 SUBJECT:

Sixth Amendment to Consultant Services Agreement for On-Call Planning Services Between the City of Pacifica and Consulting Firm Good City Company RECOMMENDED ACTION:

Move to adopt the attached resolution to approve the Sixth Amendment to the Agreement for Consultant Services between the City of Pacifica and Good City Company, by increasing the contract amount by $30,000 with a total not to exceed amount of $640,000 and, to authorize the City Manager to execute the amendment.

STAFF CONTACT:

Christian Murdock, AICP, Planning Director
(650) 738-7341
[email protected]
BACKGROUND/DISCUSSION:

The Planning Department is currently handling a large volume of development project applications for City permits, ranging from routine to complex. Additionally, the department is leading various City Council priority initiatives, such as implementing the General Plan update, and updating the Housing Element of the General Plan and Local Coastal Land Use Plan, among others. To manage these tasks effectively, the Planning Department engages three consulting firms to assist with project reviews and California Environmental Quality Act (CEQA) analyses1. Costs for these services are typically covered by project applicants. However, certain activities initiated by the City are funded through the General Fund, grants, or other sources depending on the nature of the task.

Good City Company is assisting the Planning Department with the 6th Cycle Housing Element update and private development project reviews. Their expertise in Housing Element updates, having worked with various jurisdictions in San Mateo County, is particularly valuable. Originally, the cost estimate for preparing a draft Housing Element document was $90,000, with an additional $10,000 contingency, as approved by the City Council on September 26, 2022.

Since that time, the level of effort associated with the Housing Element update became more clearly understood based on what other cities were experiencing. Several San Mateo County jurisdictions received their comment letters from the California Department of Housing and Community Development (HCD), the state agency responsible for reviewing Housing Element updates for substantial compliance with state law. The extent of analysis requested by HCD, and the number and detail of comments provided in those letters on other jurisdictions’ draft housing elements required a significant upward recalibration of the amount of work required for Pacifica’s Housing Element update precipitating a Fourth Amendment to the Agreement with Good City Company, approved by City Council in January 2023 and which reallocated funds from the Planning Department's budget and provided $90,000 from the General Fund. 1 These three consulting firms are Good City Company, Metropolitan Planning Group (M-Group), and Raney Planning & Management.
8 Packet Pg. 124
Pacifica City Council 2
April 08, 2024
Subsequently, City Council approved a Fifth Amendment in August 2023, allocating $150,000 of funds budgeted for the project in FY 2023-24 to ensure compliance with state law and to address comments from HCD.

After receiving feedback from HCD, staff now seeks a Sixth Amendment to the Agreement to accommodate the extra work needed to address these comments. This additional effort is estimated to necessitate an extra $30,000 in funding.

ALTERNATIVE ACTION:

Deny, or authorize a different amount for the proposed amendment to the Agreement.

Authorization of a reduced amount will require Planning Department staff to shift direct staff resources to the Housing Element update and away from other City Council priority initiatives.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Good City Company’s support of the Housing Element Update furthers City Council Strategic Goal 3: Completing the Housing Element Update.

FISCAL IMPACT:

Staff has identified $30,000 within the FY 2023-24 adopted budget for the Planning Department that can be reallocated to the Housing Element update.

ORIGINATED BY:

Planning Department
ATTACHMENT LIST:

Resolution - Good City Company Sixth Amendment(PDF)
Original Agreement - Good City Company (PDF)
First Amendment - Good City Company (PDF)
Second Amendment - Good City Company (PDF)
Third Amendment - Good City Company (PDF)
Fourth Amendment - Good City Company (PDF)
Fifth Amendment - Good City Company (PDF)
Sixth Amendment - Good City Company (consultant signed) (PDF) 8 Packet Pg. 125
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA

AUTHORIZING THE CITY MANAGER TO EXECUTE A SIXTH AMENDMENT TO

THE CONSULTANT SERVICES AGREEMENT WITH GOOD CITY COMPANY FOR PROFESSIONAL PLANNING AND RELATED SERVICES.
________________________________________________________________________ WHEREAS, consistent with the City of Pacifica’s Purchasing Policy (Administrative Policy No. 76), the City of Pacifica entered into an agreement with Good City Company for consulting services under the City Manager’s purchasing authority in October 2020; and WHEREAS the City Council authorized amendments to the City’s agreement with Good City Company for consulting services in November 2021, June 2022, September 2022, January 2023, and August 2023; and
WHEREAS on April 8, 2024, the City Council of the City of Pacifica has considered the City Manager’s recommendation to approve a sixth amendment to the City’s agreement with Good City Company for consultant services;
NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to amend the agreement with Good City Company for the purpose of increasing the cost ceiling to an amount not to exceed $640,000. * * * * *
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 8th day of April 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

8.a
Packet Pg. 126 Attachment: Resolution - Good City Company Sixth Amendment (5608 : Good City Company Sixth Amendment to Agreement)

8.b
Packet Pg. 127 Attachment: Original Agreement - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.b
Packet Pg. 128 Attachment: Original Agreement - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.b
Packet Pg. 129 Attachment: Original Agreement - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.b
Packet Pg. 130 Attachment: Original Agreement - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.b
Packet Pg. 131 Attachment: Original Agreement - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.b
Packet Pg. 132 Attachment: Original Agreement - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.b
Packet Pg. 133 Attachment: Original Agreement - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.b
Packet Pg. 134 Attachment: Original Agreement - Good City Company (5608 : Good City Company Sixth Amendment to Agreement) Scope of Work
Good City Company can provide the City of Pacifica with the following on-call planning services:
• Prepare initial project summaries and route to City departments for comment. • Analyze projects for compliance with the City's General Plan, zoning ordinance, Local Coastal Plan, Subdivision Map Act, Design Guidelines, specific plans, Municipal Regional Stormwater Permit (i.e.

C.3 requirements), and other policies.
• Review projects and provide comments within timelines specified by the Permit Streamlining Act and the City (shorter timelines may be required for certain projects). • Prepare Initial Studies and CEQA documents or ability and expertise to work with a CEQA consultant. • Write staff reports, resolutions, conditions of approval, ordinances, and deliver oral presentations. • Draft detailed findings that withstand project appeals. • Attend Planning Commission and/or City Council meetings. • Conduct site visits.
• Be available during regular business hours to answer questions by phone or email. • Meet at the Planning Department as needed to meet with staff and applicants (all meetings are conducted virtually during COVID-19 health protocols).
• Interact with Coastal Commission – North Central Coast District staff to coordinate project review. • Process development and redevelopment of environmentally sensitive sites, former industrial sites, and hotel projects.
• Process annexation requests.
• Review building permit applications for entitlement projects processed by consultant.

8.b
Packet Pg. 135 Attachment: Original Agreement - Good City Company (5608 : Good City Company Sixth Amendment to Agreement) Good City Company | Statement of Qualifications 29
Good City prides itself on being a cost-effective solution for public sector agencies. Staff retains detailed timesheets and works efficiently to ensure the client is getting the best value for the services. • Director/Principal $225/hour
• Principal Planner
• Senior Planner
• Associate Planner
• Assistant Planner
• Planning Technician $80/hour
• Administrative Assistant $60/hour
Subconsultant Contracts Direct Billing + 10% oversight fee * Rates subject to adjustment January 1st of each year (typically 3-5% increases) Exhibit B: Compensation (Billing rates)
$195/hour
$160/hour
$125/hour
$100/hour

8.b
Packet Pg. 136 Attachment: Original Agreement - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
10/16/2020
James E. McGovern, Inc.
1625 El Camino Real
Belmont, CA 94002 650-593-8216 x103 650-594-9130
www.jemins.com Sentinel Insurance Company, Ltd. A+ XV 11000 Evanston Insurance Company A XV 35378
A 57 SBA RI0706 7/6/2020 7/6/2021 2,000,000.
1,000,000.
✓
10,000.
✓
2,000,000.
4,000,000.
4,000,000.

Deductible 500.

A 57 SBA RI0706 7/6/2020 7/6/2021 2,000,000.
✓ ✓
Deductible 500.

B Professional Liability MPL1401718-20 1/5/2020 1/5/2021 Aggregate Limit: $2,000,000.

Each Claim: $2,000,000.

Steve Suissa
MaryAnn Worman
[email protected]
✓
Good City Company
2165 Carmelita Drive
San Carlos CA 94070
58185572
*30 day written Notice of Cancellation, except for non-payment of premium which is 10 days.

City of Pacifica
1800 Francisco Boulevard
Pacifica CA 94044
RE: Verification of Insurance
58185572 | MARTI-L | 20/21 GL, PL | MaryAnn Worman | 10/16/2020 2:30:45 PM (PDT) | Page 1 of 1

8.b
Packet Pg. 137 Attachment: Original Agreement - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.c
Packet Pg. 138 Attachment: First Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

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Packet Pg. 139 Attachment: First Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

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Packet Pg. 140 Attachment: First Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.c
Packet Pg. 141 Attachment: First Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.d
Packet Pg. 142
Attachment: Second Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.d
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Attachment: Second Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

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Attachment: Second Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

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Attachment: Second Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

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Packet Pg. 146 Attachment: Third Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.e
Packet Pg. 147 Attachment: Third Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.e
Packet Pg. 148 Attachment: Third Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.e
Packet Pg. 149 Attachment: Third Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.e
Packet Pg. 150 Attachment: Third Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.f
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Attachment: Fourth Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.f
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Attachment: Fourth Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

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Attachment: Fourth Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

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Attachment: Fourth Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.g
Packet Pg. 155 Attachment: Fifth Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

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Packet Pg. 156 Attachment: Fifth Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

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Packet Pg. 157 Attachment: Fifth Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

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Packet Pg. 158 Attachment: Fifth Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.g
Packet Pg. 159 Attachment: Fifth Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.g
Packet Pg. 160 Attachment: Fifth Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement)

8.g
Packet Pg. 161 Attachment: Fifth Amendment - Good City Company (5608 : Good City Company Sixth Amendment to Agreement) 4891-5659-1477 v1 1

SIXTH AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
This Sixth Amendment to Agreement for Consultant Services (the "Sixth Amendment") is made and entered into this ________th day of ____________ 2024, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Good City Company, a California Corporation (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, on October 16, 2020, CITY and CONSULTANT entered into that certain agreement entitled “Agreement for Consultant Services” (“Agreement”) to provide on-call planning services and related services; and
WHEREAS, on February 1, 2022, the City Council authorized CITY and CONSULTANT to enter into a First Amendment to that Agreement to increase the Cost Ceiling and extend the Term under the Agreement; and
WHEREAS, on June 27, 2022, the City Council authorized CITY and CONSULTANT to enter into a Second Amendment to that Agreement to increase the Cost Ceiling and extend the Term under the Agreement; and
WHEREAS, on October 5, 2022, the City Council authorized CITY and CONSULTANT to enter into a Third Amendment to that Agreement to increase the Cost Ceiling and extend the Term under the Agreement; and
WHEREAS, on January 9, 2023, the City Council authorized CITY and CONSULTANT to enter into a Fourth Amendment to that Agreement to increase the Cost Ceiling of the Agreement; and
WHEREAS, on August 14, 2023, the City Council authorized CITY and CONSULTANT to enter into a Fifth Amendment to that Agreement to restate the Scope of Work and to increase the Cost Ceiling of the Agreement; and
WHEREAS CITY and CONSULTANT now desire to enter into this Sixth Amendment to increase the Cost Ceiling in section 2.1 (“Compensation”) of the Agreement.

AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby amend the Agreement as follows:

1. Section 2.1 of the Agreement, “Compensation” is hereby amended to read as follows:

8.h
Packet Pg. 162 Attachment: Sixth Amendment - Good City Company (consultant signed) (5608 : Good City Company Sixth Amendment to Agreement) 4891-5659-1477 v1 2
Compensation. Rates charged for Services shall be in accordance with Exhibit A, attached hereto and incorporated herein. It is agreed that the compensation for the Services shall not exceed $640,000 (“Cost Ceiling”).

2. Agreement in Effect. Except as amended by this Sixth Amendment, the Agreement shall remain in full force and effect.

3. Counterpart Signatures. This Sixth Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.

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

CITY OF PACIFICA
By: Date:

Kevin Woodhouse, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

CONSULTANT

GOOD CITY COMPANY
By: Date
3/21/2024

8.h
Packet Pg. 163 Attachment: Sixth Amendment - Good City Company (consultant signed) (5608 : Good City Company Sixth Amendment to Agreement) 4891-5659-1477 v1 3

EXHIBIT
A
Good City prides itself on being a cost-effective solution for public sector agencies.Staff retains detailed timesheets and works efficiently to ensure the client is getting the best value for the services.
$260/hour
$230/hour
$195/hour
$230/hour
$225/hour
$170/hour
$170/hour
$170/hour
$140 /hour
$130/hour
$100/hour
$100/hour
» Principal/Partner
» PlanningDirector
» Principal Planner/Planning Manager
» Economic Development Director
» Public Policy Manager
» Chief Building Official
» Senior Planner/Project Manager
» Senior Economic Development Planner
» Housing Services Consultant
» Associate Planner
» Economic Development Associate
» Assistant Planner
» Planning Technician
» Marketing Specialist/Graphic Designer
» AdministrativeSpecialist $90/hour
Subconsultant Contracts Direct Billing + 10% oversight fee Rates subject to adjustment January 1st of each year (typically 3-7% increase)

BILLING RATES

BILLING RATES
$170/hour
$140 /hour

8.h
Packet Pg. 164 Attachment: Sixth Amendment - Good City Company (consultant signed) (5608 : Good City Company Sixth Amendment to Agreement)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/8/2024
1 SUBJECT:

Resolution to Approve a Sole Source Purchase Agreement for the Civic Center Campus with CORT for office furniture
RECOMMENDED ACTION:

Adopt a Resolution to Approve a Sole Source Purchase Agreement with CORT for purchase of Civic Center Campus office furniture, in the amount of $115,185.57 with a $4,500 (~4%) contingency for a Total Budget Authority of $119,685.57.

STAFF CONTACT:

Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

At the Council meeting on March 25, 2024, the City Council approved funding from the Capital Improvement Fund Balance (Fund 22) into the Civic Center Project for necessary purchases at the Civic Center Campus, including furniture.

CORT supplied furniture to the City when staff was relocated from the P&P and City Hall buildings to the Community Center in 2021. This furniture (cubicles, desks, chairs) will be moved to the new Civic Center Campus with some furniture remaining at the Community Center for needed staff office space. The additional furniture necessary for completion of the new Civic Center Campus includes cubicles, desks, chairs, small office tables/chairs, conference room tables/chairs and breakroom tables/chairs.

CORT, as the provider of the original furniture, will relocate the existing furniture from the Community Center to the new Civic Center Campus as part of their scope at no additional cost to the City. They will also match the new furniture with the originally purchased furniture in both style, color and size. To allow for this consistency with the newly purchased furniture and meet the needs of purchasing the furniture in a timely manner to allow relocation of staff to the new building, staff is requesting a sole source contract with CORT for the furniture. Additionally, CORT previously developed specific individual staffing needs for furniture, location, and layout at the new Civic Center Campus. This is a complicated process and if another vender were brought in it would delay the move and add cost. Therefore, using CORT to continue this process, is the most cost-effective manner to purchase the furniture. Staff has reviewed the CORT costs and believe the costs to be fair and inline with expected costs for this purchase.

The City Manager recommends adopting a Resolution to Approve a Sole Source Purchase Agreement with CORT for purchase of Civic Center Campus office furniture, in the amount of $115,185.57 with a $4,500 (~4%) contingency for a Total Budget Authority Not to Exceed $119,685.57.

ALTERNATIVE ACTION:
9 Packet Pg. 165
Pacifica City Council 2
April 08, 2024
Deny the agreement and give staff alternative direction. This is not recommended as the furniture is necessary for completion of the Civic Center Campus buildings and will delay staff occupying the new Civic Center buildings.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Improve and steward City infrastructure, streets and facilities: Addition of the furniture to the new Civic Center Campus will allow staff to move into the new buildings and provide a healthy office environment.

FISCAL IMPACT:

On March 25, 2024, City Council allocated $80,000 through Mid-Year Budget adoption for Civic Center furniture costs, as shown in the below Source and Use of Funds Table:

Total Project Source and Use of Funds
Mid-Year Budget Adjustment to Project for Furniture $ 80,000.00 Project FF&E Budget $ 40,000.00
Total Source of Funds $ 120,000.00
Cubicles & Furniture $ ($115,185.57)
Contingency $ ( 4,500.00)
Total Use of Funds $ ($119,685.57)
Estimated Project End Balance $ 314.43
ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment A_Purchase Agreement CORT_Cubicles_24 0408- signed by CORT (PDF) 9 Packet Pg. 166
Pacifica City Council 3
April 08, 2024
RESOLUTION NO.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA TO APPROVE A

SOLE SOURCE PURCHASE AGREEMENT WITH CORT FURNITURE FOR PURCHASE OF THE CIVIC CENTER FURNITURE IN THE AMOUNT OF $115,185.57 WITH A $4,500 (~4%) CONTINGENCY FOR A TOTAL BUDGET AUTHORITY NOT TO EXCEED $119,685.57.

WHEREAS, the City of Pacifica is finalizing the Civic Center Campus Project and furniture for the Civic Center Campus is needed to complete the project; and WHEREAS, the City Council approved funding for the furniture with the Mid-Year Budget report on March 25, 2024; and
WHEREAS, CORT previously supplied the furniture needs to relocate staff to the Community Center; and
WHEREAS, CORT will move the furniture from the Community Center back to the Civic Center without cost and, previously developed the plan for the move back the Civic Center Campus with specific staffing needs; and
WHEREAS, staff has recommended CORT for a sole source contract as the development of needs for staffing furniture, location and layout is a complicated process and CORT Furniture had previously developed the location and move concept to the Civic Center with their first contract with the City for the Community Center furniture and using CORT to continue this process is the most cost effective manner to purchase the furniture and will allow staff to occupy the buildings in the most efficient timeframe.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica to Adopt a Resolution to Approving a Sole Source Purchase Agreement with CORT for purchase of Civic Center Campus office furniture, in the amount of $115,185.57 with a $4,500 (~4%) contingency for a Total Budget Authority Not to Exceed $119,685.57. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 8th day of April 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 9 Packet Pg. 167

PURCHASE AGREEMENT

CITY OF PACIFICA

DEPARTMENT OF PUBLIC WORKS
PURCHASE ORDER NO. _________
Seller (Vendor): Buyer:

Name CORT – Cupertino Retail Store Name: City of Pacifica Address 19885 Stevens Creek Blvd. Address: 540 Crespi Drive City, State Zip: Cupertino, CA 95014 City, State, ZIP: Pacifica, CA 94044 Attn: Nicholas Compton Attn: Lisa Petersen
Phone: (408) 727-1470 Fax: N/A Phone: (650) 738-3770 Fax: N/A E-mail: [email protected]
om
Fed. Tax I.D.: 14-1543982 E-mail: [email protected] Project Information (If Applicable): Ship To:

Charge to City of Pacifica – Civic Center
Acct#: 22.90000.52800.0295.000- Civic Center Campus Furniture 170 Santa Maria Avenue Pacifica, CA 94044
Order Date Ship Via Payment Terms
4/8/24 Delivery Net 30 days of invoice Upon Receipt of
Equipment Delivery
Buyer and Seller agree as follows:

MATERIAL AND/OR EQUIPMENT TO BE PROVIDED: Seller shall furnish the materials or equipment described below in strict compliance with Sale ID 3703*1454364-N-1 as attached at the price 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 CORT Cubicles (See attached
Exhibit 1)

22.90000.52800.0295.000 1 $ 115,185.57 $ 115,185.57 TBD “ TOTAL $ 115,185.57
Sales Tax : $ included
Shipping: $ included
P.O. Total: $ 115,185.57

ATTACHMENT A

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Packet Pg. 168 Attachment: Attachment A_Purchase Agreement CORT_Cubicles_24 0408- signed by CORT (5623 : Resolution - Approve Purchase Agreement

PURCHASE AGREEMENT
Project Title: CORT – Cubicle / Furniture related to Civic Center Facilities Project Special Terms and Conditions
Shipping: Show Purchase Order number on all packages and invoices.

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

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

City of Pacifica is exempt from Federal Excise Tax.

Purchase up to $10,000 (must be approved
by Department Head or authorized signator)
Approved: _______________________ Name: LISA PETERSEN
Title: Director of Public Works
Purchase between $10,000.01 and $25,000
(must be approved by the Assistant City
Manager)
Approved: _______________________ Name: YULIA CARTER
Title: Asst. City Manager
Purchase between $25,000.01 and $50,000
(must be approved by the City Manager)
Approved: _______________________ Name: KEVIN WOODHOUSE City Manager
Purchase above $50,000
(must be approved by the City Council)
Date City Council Approved:

Buyer: CITY OF PACIFICA
Authorized Signature: _______________________ Name: KEVIN WOODHOUSE Title: City Manager
Vendor: CORT
Authorized Signature: _______________________ Name: TONY SEMONICK Title: District General Manager
If Seller is located in the City of Pacifica, does Seller have a current business license?

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Packet Pg. 169 Attachment: Attachment A_Purchase Agreement CORT_Cubicles_24 0408- signed by CORT (5623 : Resolution - Approve Purchase Agreement

PURCHASE AGREEMENT
Project Title: CORT – Cubicle / Furniture related to Civic Center Facilities Project Yes No

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

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

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

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

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

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Packet Pg. 170 Attachment: Attachment A_Purchase Agreement CORT_Cubicles_24 0408- signed by CORT (5623 : Resolution - Approve Purchase Agreement

PURCHASE AGREEMENT
Project Title: CORT – Cubicle / Furniture related to Civic Center Facilities Project 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 therefore is set forth in this Purchase Order. Seller shall assume and pay for any and all loss or damage to the merchandise from any cause whatsoever until delivered to Buyer at the specified destination.

DELIVERY: Timely performance and deliveries are essential to this Purchase Order. The Buyer reserves the right to refuse deliveries made in advance of the delivery schedule. Overshipment allowances, if authorized, will be applied to the entire order. If the Buyer agrees to accept deliveries after the date of delivery has passed, the Buyer shall have the right to direct the Seller to make shipment to the delivery point set forth in this Purchase Order by the most expeditious means, and the total cost of such expedited shipment and handling shall be borne by the Seller.

Acceptance of late deliveries shall not be deemed a waiver of the Buyer’s right to hold the Seller liable for any loss or damage resulting therefrom, nor shall it act as a modification of the Seller’s obligation to make future deliveries in accordance with the delivery schedule.

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

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Packet Pg. 171 Attachment: Attachment A_Purchase Agreement CORT_Cubicles_24 0408- signed by CORT (5623 : Resolution - Approve Purchase Agreement

PURCHASE AGREEMENT
Project Title: CORT – Cubicle / Furniture related to Civic Center Facilities Project 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. This warranty shall remain in effect for a ONE (1) year period after delivery or start-up or for such period of time as the item is normally warranted or the manufacturer’s warranty if greater than one year (See Attached Manufacturer’s Warranty). 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 termination in connection with the items for which this Purchase Order is terminated plus a reasonable profit

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Packet Pg. 172 Attachment: Attachment A_Purchase Agreement CORT_Cubicles_24 0408- signed by CORT (5623 : Resolution - Approve Purchase Agreement

PURCHASE AGREEMENT
Project Title: CORT – Cubicle / Furniture related to Civic Center Facilities Project 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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ATTACHMENT 1

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/8/2024
1 SUBJECT:

Amendment No. 1 to Agreement between the City of Pacifica and Armour Fence for the Fairway Park Backstops Replacement Project
RECOMMENDED ACTION:

Adopt a Resolution approving Amendment No. 1 to the Agreement between the City of Pacifica and Armour Fence to increase the Fairway Park Backstops Replacement Project by $168,669.62, and amend the FY 2023-24 budget to appropriate this same amount from the Roy Davies Fund 27, subject to a required approval by a 4/5 vote of the City Council.

STAFF CONTACT:

Scott Leslie, Acting Director, Parks, Beaches and Recreation (650) 738-7381
[email protected]
BACKGROUND/DISCUSSION:

Fairway Park serves as a vital recreational hub for the community, and in late 2023 it was determined that the baseball backstops needed to be demolished and replaced. At the February 12, 2024 City Council meeting, the City approved $174,000 for the replacement of three backstops at Fairway Park.

The project commenced in mid-February, but upon the onset of construction, it became evident that several significant structural modifications were necessary. There were unforeseen soil conditions that determined that the footings needed to be completely replaced and anchored into deeper holes with concrete rebar cages. Several of the older fences that would connect to the new backstops, and were not part of the original scope of work, were also identified as in need of replacement. These fences are recommended to be included as part of this project scope since it will be more cost-effective to replace them while the contractor is mobilized onsite. Due to these modifications, additional equipment, material, and labor is needed to complete the updated backstop project.

The contractor, Armour Fence, has provided a cost of $168,669.62 to complete this additional work. This cost has been reviewed by staff and is considered appropriate for the work that will be performed. This cost will exceed the contingency that was allocated for the project. An additional $133,869.62 is required to complete the additional scope. Staff is requesting a new 10% contingency of $34,266.96 be added to account for any additional unforeseen conditions moving forward. This would make the total cost $342,669.62. Including a 10% contingency the total not to exceed budget authority recommended is $376,936.58.

The City Manager recommends the Council adopt a resolution approving Amendment No. 1 to the Agreement between the City of Pacifica and Armour Fence to increase the Fairway Park Backstops Replacement Project by $168,670, and amend the FY 2023-24 budget to appropriate 10 Packet Pg. 181
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this same amount from the Roy Davies Fund 27.

In November 2023, the City of Pacifica successfully concluded the Community Center Playground Project with the State of California, resulting in reimbursement funding totaling $201,432. This reimbursement was subsequently deposited to the Roy Davies account, leaving sufficient funds for this additional appropriation.

ALTERNATIVE ACTION:

Council may reject the Addendum and give staff alternative direction.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Improve and steward City infrastructure, streets and facilities: This project will improve the Fairway Park backstops and associated fencing.

FISCAL IMPACT:

This action requires a budget adjustment to the project from the Roy Davies Fund. The funding for this project will be sourced from the Roy Davies Trust. There are sufficient funds to cover this additional expense of $168,670, bringing the total cost of the project to $342,670. We are also requesting a 10% contingency due to a number of variables associated with the site. The total cost of the project, including the 10% contingency is $376,937.

ORIGINATED BY:

Parks, Beaches & Recreation Department
ATTACHMENT LIST:

Attachment A: Amendment 1 to Agreement with Armour Fence (PDF) Attachment B: Original Agreement - ArmourFence 1/24/2024 (PDF) 10 Packet Pg. 182
Pacifica City Council 3
April 08, 2024
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING AMENDMENT NO. 1 TO 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, the City of Pacifica upon construction it was recognized that there were unseen soil conditions that required deeper holes and stronger footings; and WHEREAS, the City of Pacifica recognizes that many of the existing fences are in need of replacement; and
WHEREAS, the scope of the Backstop Replacement Project at Fairway Park project will have to be amended to include the above-mentioned modifications to the construction agreement, resulting in an additional cost of $168,670 to the total estimated project cost of $376,937 (including contingency).

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica moves to adopt a Resolution 1) approving Amendment No. 1 to the Agreement between the City of Pacifica and Armour Fence to increase the Fairway Park Backstops Replacement Project by $168,670, and 2) amending the FY 2023-24 budget to appropriate the same amount from the Roy Davies Fund 27 for the project, and 3) approving a 10% contingency of $34,267 for the new total not to exceed budget authority of $376,937.
• • • • •

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 8th day of April 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 10 Packet Pg. 183

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/8/2024
1 SUBJECT:

FY 2024-25 Sidewalk, Curbs, and ADA Ramps Improvement Project RECOMMENDED ACTION:

Adopt the Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving the Construction Contract with RK Engineering Inc. in an amount not to exceed $157,939.00; Authorize a budget authority in the amount of $205,320.70, which includes contingencies in an amount not to exceed thirty percent (30%) of the Construction Contract amount; Authorize staff to Execute Future Change Orders and Task Orders not to exceed the contingency amount; and Authorize the City Manager to sign Contract Documents related to the FY 2024-25 Sidewalk, Curbs, and ADA Ramps Improvement Project.”
STAFF CONTACT:

Matt Kelly, Project Manager
(650) 730-0212
[email protected]
Roland Yip, P.E., DPW Deputy Director/City Engineer
(650) 738-3771
[email protected]
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected] <mailto:[email protected]>
BACKGROUND/DISCUSSION:

On September 25, 2023, the City Council approved Task Order No. 1 between the City of Pacifica and NCE for Design and Engineering Services related to the FY 2024-25 Pavement Resurfacing Project. The project will resurface various streets in Pacifica. As part of the 2024- 25 Pavement Resurfacing Project, new ADA curb ramps must be installed within the limits of the project as specified by Federal ADA law.

The FY 2024-25 Sidewalk, Curbs, and ADA Ramps Improvement Project will install 12 new ADA-compliant curb ramps, repair sidewalks, curb and gutters within the limits of the pavement resurfacing work and is part of the City’s approved CIP budget. The project will be funded by Measure W funds.

The Project was advertised on February 21, 2024, and February 28, 2024, in accordance with the formal bid process. Thirty-five (35) companies downloaded plans and specifications and eight (8) companies submitted bids. On March 14, 2024, the bid opening was held via Zoom by the City Clerk and the result is as follows:
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April 08, 2024
Company Bid
RK Engineering Inc $157,939.00
VNH Builders $173,682.00
JJR Construction, Inc $196,011.20
BIANCHI CONCRETE $198,365.80
Kerex Engineering $219,516.00
Raposo Engineering Inc $249,809.38
Golden Bay Construction, Inc. $261,189.00
DRYCO Construction, Inc. $266,209.00
The apparent low bidder is RK Engineering Inc with a bid amount of $157,939.00. All required documentation was submitted with their bid. RK Engineering Inc has performed projects in San Bruno and Colma, and their work has been satisfactory. As there are sufficient project funds approved as part of the FY 2023-2024 budget, the City Manager recommends the award of contract (Attachment "A") to the apparent low bidder, RK Engineering Inc. In addition, a 30% contingency is recommended to allow enough funding to handle any additional improvements that are identified during construction.

ALTERNATIVE ACTION:

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

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

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the construction contract is consistent with the following Council adopted Goals:
• Improve and steward City infrastructure, streets and facilities: this construction project will improve the existing pedestrian network by installing ADA-compliant curb ramps and repairing curbs and sidewalks.

FISCAL IMPACT:

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

Total Project Source and Use of Funds
Measure W $205,320.70
Total Source of Funds $205,320.70
FY 2024-25 Sidewalk, Curbs, and ADA Ramps
Improvement Project
$205,320.70
Total Use of Funds $205,320.70
ORIGINATED BY:
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Public Works
ATTACHMENT LIST:

Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_

SIGNED (PDF)
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April 08, 2024
RESOLUTION NO.______

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

CONSTRUCTION CONTRACT BETWEEN THE CITY OF PACIFICA AND RK ENGINEERING INC. FOR THE FY 2024-25 SIDEWALK, CURBS, AND ADA RAMPS IMPROVEMENT PROJECT IN AN AMOUNT NOT TO EXCEED $157,939.00; AUTHORIZE A BUDGET AUTHORITY IN THE AMOUNT OF $205,320.70, WHICH INCLUDES CONTINGENCIES IN AN AMOUNT NOT TO EXCEED THIRTY PERCENT (30%) OF THE CONSTRUCTION CONTRACT AMOUNTS; AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS AND TASK ORDERS NOT TO EXCEED THE CONTINGENCY AMOUNT; AND AUTHORIZE

THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS RELATED TO THE PROJECT WHEREAS, consistent with the City of Pacifica’s Bidding Procedures for Public Projects (Municipal Code Title 3 Chapter 15) the City of Pacifica advertised the Request for Bids for FY 2024-25 Sidewalk, Curbs, and ADA Ramps Improvement Project on February 21, 2024, and February 28, 2024; and
WHEREAS, the low bidder was RK Engineering, Inc.; and
NOW, THEREFORE BE IT RESOLVED that the City Council of the City Pacifica Adopt the Resolution Approving the Construction Contract between the City of Pacifica and RK Engineering Inc. for the FY 2024-25 Sidewalk, Curbs, and ADA Ramps Improvement Project in an amount not to exceed $157,939.00; Authorize a budget authority in the amount of $205,320.70, which includes contingencies in an amount not to exceed thirty percent (30%) of the Construction Contract amounts; Authorize staff to Execute Future Change Orders and Task Orders not to exceed the contingency amount; and Authorize the City Manager to sign Contract 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 8th day of April, 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. 232

CITY OF PACIFICA
540 Crespi Drive, Pacifica, CA 94044

CONSTRUCTION SERVICES AGREEMENT
FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT DATE: April 8, 2024

1. IDENTIFICATION OF CONTRACTOR:

CONTRACTOR: RK ENGINEERING
CALIFORNIA LICENSE NO: 1027703 CLASS: A - General Engineering Contractor

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

COMPENSATION FOR WORK. Contractor’s total compensation for the Work performed under this Agreement (Contract Sum) is $157,939.00 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.

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

3.01 Liquidated Damage Amounts.

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

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

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

ATTACHMENT A

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Packet Pg. 233 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 2 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 Drive, Pacifica, CA 94044
CONTRACTOR: RK ENGINEERING 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

Seán McLoughlin - President 04/02/2024

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Packet Pg. 234 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 3 Addresses for Notices: Addresses for Notices:

RK ENGINEERING City of Pacifica
3450 3rd Street, Unit D4 540 Crespi Drive
San Francisco, CA 94124 Pacifica, CA 94044

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Packet Pg. 235 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 4 Appendix A to Construction Services Agreement

SCOPE OF WORK
The project includes new concrete sidewalks, ADA curb ramps, curb and gutter, installing hot mix asphalt and other miscellaneous work described in the Plans and Specifications entitled: FY 24-25 Concrete Improvements Project. FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS

PROJECT

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Packet Pg. 236 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 5 Appendix B to Construction Services Agreement

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

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

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

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

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

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

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

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Packet Pg. 237 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 6 any purpose unrelated to Contract Documents without Owner’s prior written consent. All copies of Information in written, graphic or other tangible form shall be delivered to Owner upon completion of Work, or earlier if otherwise provided in Contract Documents.

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

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

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

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

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

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Packet Pg. 238 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 7 registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.

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

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

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

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

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

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

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

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Packet Pg. 239 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 8 or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner’s rights and remedies, whether under the Contract Documents or other applicable law, shall be cumulative and not subject to limitation.

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

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

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

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

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

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Packet Pg. 240 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 9 Dispute Resolution. All Contractor claims not otherwise subject to Public Contract Code Sections 20104 et seq shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be confidential, non-binding, pursuant to the construction mediation procedures of JAMS in San Francisco, California, and utilize the services of a mediator mutually acceptable to the parties. If the parties are unable to agree, the mediator will be selected by JAMS from its panel of approved construction industry mediators, having a minimum of 10 years’ experience in the construction industry. The cost of mediation shall be equally shared by all parties to the mediation. The parties shall, prior to the commencement of a mediation pursuant to this Paragraph, upon notice of the other party, exchange relevant, non-privileged project documents in compliance with Code of Civil Procedure Sections 2031.010 et seq. Additionally, the parties may agree mutually to engage in additional discovery prior to mediation. Should the parties proceed with additional discovery, they shall, unless mutually agreed otherwise, comply with Code of Civil Procedure Sections 2019, et. seq. The Mediator will undertake to resolve any discovery disputes relating to the Mediation.

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

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Packet Pg. 241 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 10 Appendix C to Construction Services Agreement

INSURANCE

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

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

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

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

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

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

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

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

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

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Packet Pg. 242 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 11

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

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

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Packet Pg. 243 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 12

Appendix D to Construction Services Agreement

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, the City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to RK Engineering as Principal a Construction Services Agreement, dated the 8th day of APRIL, 2024 (Agreement), titled FY 2024-25 SIDEWALK, CURBS, and ADA Improvements Project located at the City of Pacifica in the amount of $157,939.00 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

The project includes new concrete sidewalks, ADA curb ramps, curb and gutter, installing hot mix asphalt and other miscellaneous work described in the Plans and Specifications entitled: FY 24-25 Concrete Improvements Project.

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

3. NOW, THEREFORE, we, the undersigned Principal and ____ ______ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($__157,939.00_____), 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;

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Packet Pg. 244 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 13 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.

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

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

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)

Signature Signature

Name Name

Title Title

Street Address Street Address

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

END OF DOCUMENT

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Packet Pg. 245 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 14 Appendix E to Construction Services Agreement

CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to RK ENGINEERING as Principal a Construction Services Agreement, dated the 8th day of APRIL, 2024 (Agreement), titled FY 2024-25 SIDEWALK, CURBS, and ADA Improvements Project located at the City of Pacifica in the amount of $157,939.00 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

The project includes new concrete sidewalks, ADA curb ramps, curb and gutter, installing hot mix asphalt and other miscellaneous work described in the Plans and Specifications entitled: FY 24-25 Concrete Improvements Project.

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

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

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

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

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

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

6.02 Obtain a bid or bids for completing the Agreement in accordance with its terms and conditions, and, upon determination by Owner of the lowest responsible bidder, reasonably acceptable to Owner, arrange for a contract between such bidder and Owner and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of

11.a
Packet Pg. 246 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 15 completion less the balance of the Contract Sum, and to pay and perform all obligations of Principal under the Agreement including, without limitation, all obligations with respect to warranties, guarantees, and the payment of liquidated damages; but, in any event, Surety’s total obligations hereunder shall not exceed the amount set forth in the third paragraph hereof. The term “balance of the Contract Sum,” as used in this paragraph, shall mean the total amount payable by Owner to the Principal under the Agreement and any amendments thereto, less the amount Owner paid to Principal.

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

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

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

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

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

CONTRACTOR AS PRINCIPAL SURETY
Company: (Corp. Seal) Company: (Corp. Seal)

Signature Signature

Name Name

Title Title

Street Address Street Address

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

END OF DOCUMENT

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Packet Pg. 247 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 16 Appendix F to Construction Services Agreement

SUPPLEMENTAL CONDITIONS

1. Plans
See Plans and Specifications entitled: FY 2024-25 SIDEWALK, CURBS, and ADA Improvements Project.

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

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

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

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

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

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

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

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

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

6. Discrimination

11.a
Packet Pg. 248 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 17 No discrimination shall be made in the employment of persons upon public works because of the race, sex, age, color, national origin, creed, sexual orientation or marital status of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Section 1735 of the California Labor Code.

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

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

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

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

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

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

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

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

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

11.a
Packet Pg. 249 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 18 contract. He shall have the authority to reject materials or suspend the work until any question at issue can be referred to and decided by the Engineer.

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

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

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

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

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

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

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

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

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

11.a
Packet Pg. 250 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 19 Unsatisfactory conditions may include, but not limited to: inclement weather, excessively high surf and/or tides, strikes, excessive high or low ambient temperature and inability of delivery of materials by suppliers for good reason.

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

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

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

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

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

16. Water Pollution
General:

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

Correction of Inadequate Pollution and Erosion Control Measures:

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

Abatement of Other Water Pollution:

11.a
Packet Pg. 251 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 20 The cleanup of water pollution by chemicals, petroleum products, cement or by the escape of any other material that is harmful or potentially harmful, from the work site as a result of the Contractor’s operations, into drainage systems or the ocean shall be the financial responsibility of the Contractor. The means of cleanup and the party or parties to be engaged to perform the cleanup work shall be determined by the Engineer in consultation with appropriate hazardous materials, pollution control, safety, health and wildlife authorities and officials. The Contractor shall immediately carry out cleanup orders issued to him through or by the Engineer and shall make the work site accessible to personnel and equipment from outside pollution control resources called in by the Engineer. The cost of cleanup action called for by the Engineer and performed by outside resources shall be deducted from any monies due or become due the Contractor.

Compensation:

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

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

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

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

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

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

11.a
Packet Pg. 252 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 21 wastes be covered, as needed, to avoid potential management of collected rain water as a hazardous waste.

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

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

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

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

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

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

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

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

Concrete, Grout and Mortar Waste Management
Material Management:

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

Concrete Truck/Equipment Wash Out:

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

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

11.a
Packet Pg. 253 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs, FY 2024-25 SIDEWALK, CURBS, and ADA IMPROVEMENTS PROJECT RK ENGINEERING AGREEMENT – Page 22 dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, then the Contractor shall collect the wash water and remove it off-site.

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

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

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

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

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

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

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

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

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Packet Pg. 254 Attachment: Attachment A-Agreement_ RK Engineering -FY 24-25 CONCRETE IMPROVEMENTS_ SIGNED (5614 : FY 2024-25 Sidewalk, Curbs,

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/8/2024
1 SUBJECT:

FY 2024-25 Pavement Resurfacing Project
RECOMMENDED ACTION:

Adopt a Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving the Construction Contract between the City of Pacifica and VSS International, Inc. for the FY 2024-25 Pavement Resurfacing Project in an amount not to exceed $2,444,325.00; Authorize a budget authority in the amount of $2,688,757.50 which includes contingencies in an amount not to exceed ten percent (10%) of the Construction Contract amount; Authorize staff to Execute Future Change Orders not to exceed the contingency amount; and Authorize the City Manager to Sign Contract Documents for the Project.”
STAFF CONTACT:

Matt Kelly, Project Manager
(650) 730-0212
[email protected]
Roland Yip, P.E., DPW Deputy Director
(650) 738-3771
[email protected]
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

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

The FY 2024-25 Pavement Resurfacing Project will resurface approximately 7.56 miles of City pavement and follows the Council approved 5-year Street Maintenance Program. The type of treatments used generally follow the 5-year pavement program with the exception of value engineering changes made by the pavement consultant to allow for project cost savings. These value engineering changes will allow the City to treat all the streets identified under the City’s FY 2024-25 pavement program. These changes include using two coats of slurry seal in place of a cape seal on appropriate streets and using a spot treatment called microsurfacing (similar to a 12 Packet Pg. 255
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thick slurry seal) to address areas of pavement distress. The overall project scope will include rubber cape seals, double slurry seals, slurry seals, asphalt concrete grinding and paving, microsurfacing base repairs, pavement striping and markings and other miscellaneous related work.

The project will be funded by money the City receives from SB 1, Measure W and Measure A (Fund 09), and Measure Y. During the FY 23-24 budget session, the City Council approved $650K from Measure Y Funds (FY 22-23) to go towards street areas that had not been included in the City’s 5-Year Street Maintenance Program due to condition of the streets in these areas.

The StreetSaver program did not pick streets for the Program from Vallemar, Rockaway, and Pedro Point because many of the streets are in failed condition. The most cost-effective use of the City’s limited pavement maintenance dollars is to either keep good pavements in good condition or cap older pavements to keep them from falling into failed condition. City staff and the pavement consultant selected streets for the approved $650k within these areas based on the following criteria: streets were next to City businesses, streets were next to City schools, streets were collector or residential collector streets (ie. they are used by residents to get to and from businesses/schools), and the streets will be minimally impacted by the upcoming sewer system upgrades in Vallemar and East Rockaway. Based on these criteria, portions of San Pedro Road, Grand Avenue, West Rockaway Beach Avenue, Dondee Way, Old County Road, East Rockaway Beach Avenue, and Reina Del Mar Avenue were selected.

On September 25, 2023, the City Council approved Task Order No. 1 between the City of Pacifica and NCE for Design and Engineering Services related to the FY 2024-25 Pavement Resurfacing Project. The project will resurface various streets in Pacifica. The project plans are also available to view on the City's website at:
<https://www.cityofpacifica.org/departments/public-works/engineering/capital-improvementprojects>. NCE has been working in the Bay Area since 1990 and is highly regarded for their expertise in pavement design and rehabilitation and for their work with the pavement research branch of the Federal Highways Administration.

The Project was advertised on February 21, 2024, and February 28, 2024, in accordance with the formal bid process. Thirty-five (35) companies downloaded the plans and specifications and six (6) companies submitted bids. On March 14, 2024, the bid opening was held via Zoom by the City Clerk and the result is as follows:

Company Base Bid
G. Bortolotto & Company, Inc. $2,379,329.44
VSS International, Inc. $2,444,325.00
Pavement Coatings Co. $2,472,283.07
DRYCO Construction, Inc. $2,823,890.00
Doolittle Construction LLC $2,929,929.00
Mountain Cascade, Inc. $3,144,174.92
The Engineering Division received a bid protest from the second low bidder VSS International, Inc. on March 20, 2024. The basis for the bid protest was that the apparent low bidder, G.

Bortolotto & Company, Inc.’s bid did not include the required bid bond.

After discussion with the City Attorney’s Office, detailed review of documents submitted by both bidders regarding the protest, the bid documents and relevant State Public Contract Codes, City staff recommends that the bid submitted by G. Bortolotto & Company, Inc. be deemed nonresponsive to the bid solicitation for the following reasons:

1. The Addendum #2 & #3 identify that an electronically submitted bid bond is required to accompany the submitted bid proposal “Accompanying this bid it is required to provide 12 Packet Pg. 256
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an electronic bid bond at the time of bid opening and the hard copy to be provided no later than 5 days after the bid opening. Bid guarantee in an amount equal to at least 10% of total of the bid, naming the Owner as Obligee or Payee, as applicable.”

2. Public Contract Code Section 10167 Section 2 and Section 5 states that “all bids must be presented under sealed cover and accompanied by bidders’ security.

3. G. Bortolotto & Company, Inc. did not submit a bid bond or other bidder’s security with its bid.

The second lowest bidder is VSS International, Inc. with a base bid amount of $2,444,325.00 and submitted all required documentation with their bid. This is approximately 10% over the Engineer’s Estimate, which is related to the recent and on-going fluctuation and uncertainty in oil prices that directly impacts pavement oils used for resurfacing. VSS International, Inc. has performed several of the City’s projects in the past and their work has been satisfactory. As there are sufficient project funds from SB1, Measure W, Measure Y, and Measure A/Fund 09, the City Manager recommends the award of contract (Attachment "A") to the apparent second low bidder, VSS International, Inc. In addition, a 10% contingency is recommended to allow enough funding to handle any additional improvements that are identified during construction.

Staff recommends authorizing a budget authority for construction in the amount of $2,688,757.50, which includes contingencies in an amount not to exceed ten percent (10%) of the Construction Services Agreement amount for any unforeseen conditions and/or additional street work required.

ALTERNATIVE ACTION:

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

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

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the construction contract is consistent with the following Council adopted Goals:
• Improve and steward of City Infrastructure, streets and facilities: This construction project will improve existing City streets and roads.

FISCAL IMPACT:

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

Total Project Source and Use of Funds
SB1 (Fund 10) $989,000.00
Measure W (Fund 11) $380,000.00
Measure Y $650,000.00
Measure A / Fund 09 $842,457.50
Total Source of Funds $2,861,457.50
FY 2023-24 Pavement Resurfacing Project $2,688,757.50
Design and Engineering $172,700.00
Total Use of Funds $2,861,457.50
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April 08, 2024
Any remaining funds will go back to Street Construction Fund 09 to fund future pavement resurfacing projects.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment A_Agreement_ VSSI_2024-25 Pavement Resurfacing Project_20240408_signed by

VSS (PDF)
12 Packet Pg. 258
Pacifica City Council 5
April 08, 2024
RESOLUTION NO. __-2024

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

CONSTRUCTION CONTRACT BETWEEN THE CITY OF PACIFICA AND VSS INTERNATIONAL, INC. FOR THE FY 2024-25 PAVEMENT RESURFACING PROJECT IN AN AMOUNT NOT TO EXCEED $2,444,325.00; AUTHORIZE A BUDGET AUTHORITY IN THE AMOUNT OF $2,688,757.50 WHICH INCLUDES CONTINGENCIES IN AN AMOUNT NOT TO EXCEED TEN PERCENT (10%) OF THE CONSTRUCTION CONTRACT AMOUNTS;

AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS AND TASK ORDERS NOT TO EXCEED THE CONTINGENCY AMOUNT; AND AUTHORIZE THE CITY MANAGER TO

SIGN CONTRACT DOCUMENTS TO THE PROJECT
WHEREAS, consistent with the City of Pacifica’s Bidding Procedures for Public Projects (Municipal Code Title 3 Chapter 15) the City of Pacifica advertised the Request for Bids for FY 2024-25 Pavement Resurfacing Project on February 21, 2024, and February 28, 2024; and WHEREAS, the lowest responsive bidder was VSS International, Inc.; and NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pacifica Adopt a Resolution entitled A Resolution of the City Council of the City of Pacifica Approving the Construction Contract between the City of Pacifica and VSS International, Inc. for the FY 2024- 25 Pavement Resurfacing Project in an amount not to exceed $2,444,325.00; Authorize a budget authority in the amount of $2,688,757.50 which includes contingencies in an amount not to exceed ten percent (10%) of the Construction Contract amounts; Authorize staff to Execute Future Change Orders and Task Orders not to exceed the contingency amount; and Authorize the City Manager to Sign Contract Documents to the Project. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 8
th day of April, 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 12 Packet Pg. 259
ATTACHMENT "A"

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/8/2024
1 SUBJECT:

Mid-Block Crosswalk Safety Improvement Project
RECOMMENDED ACTION:

Adopt a Resolution entitled "A Resolution of the City Council of the City of Pacifica Approving the Construction Contract with Zara Construction in an amount not to exceed $307,013.00; Authorize a budget authority in the amount of $337,714.00, which includes contingencies in an amount not to exceed ten percent (10%) of the Construction Contract amounts; Authorize staff to Execute Future Change Orders and Task Orders not to exceed the contingency amount; and Authorize the City Manager to sign related Contract Documents and authorize a budget adjustment in the amount of $77,714 into the project from Measure A Funds for the Mid-Block Crosswalk Safety Improvement.”
STAFF CONTACT:

Roland Yip, P.E., DPW Deputy Director/City Engineer
(650) 738-3771
[email protected]
Sean Rose, P.E., S.R. Rose Engineering Inc.
650-738-3767
[email protected]
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

Pacifica's 2020 Bicycle and Pedestrian Plan (Plan) identified high-priority, mid-block, unsignalized crossings on major roads in front of schools or senior housing that needed to be enhanced to improve safety and comfort of the City’s most vulnerable roadway users. At many of the identified locations, drivers are currently driving through mid-block crosswalks without stopping and are often distracted. City’s Capital Improvement Project FY 2023-24 included the School Crosswalk Beacon Replacement Project which was approved by the Council during the budget. Additional budget will be required from Measure A to fully fund the project.

The Mid-Block Crosswalk Safety Improvement Project will improve nine crosswalks that are located around the City in the vicinity of four schools: Ingrid B Lacy Middle School, Ortega Elementary School, Terra Nova High School, and Vallemar Elementary School. Improvements will include high visibility striping and signage, and painted bulbouts with vertical delineators to enhance visibility and reduce traffic speeds. Five of the nine crosswalks will also receive flashing, solar-powered, push-button activated flashing beacons. One crosswalk will receive new curb ramps.

On October 24, 2022, the City Council adopted a resolution supporting the Mid-Block Crosswalk 13 Packet Pg. 271
Pacifica City Council 2
April 08, 2024
Safety Improvement Project, authorizing submittal of an application to the San Mateo County Transportation Authority (SMCTA) for Cycle 6 Pedestrian and Bicycle Program Funding, and authorizing the City Manager to execute any documents required for the grant.

In December 2022, the SMCTA Board of Directors awarded the project $200,000 of Measure M Safe Routes to School (SRTS) funds as part of the Cycle 6 Program funding allocation.

Measure M is a San Mateo County transportation measure that funds a variety of local roadway improvements throughout the County utilizing a vehicle registration fee levied on motor vehicles.

On March 28, 2023, the City entered into a funding agreement with the City/County Association of Governments of San Mateo County (C/CAG), the agency that formally administers the Measure M funding, for the funding allocation noted above.

On June 8, 2023, the City applied to the Pacifica School District for $20,000 from the SRTS Small Capital Infrastructure/Special Project Grant Program for the portion of the project in the vicinity of Ortega Elementary School. The City was subsequently awarded the funding via a MOU between the School District and the San Mateo County Office of Education (SMCOE) Safe Route to School Program. The scope of the project is consistent with the scope of work outlined in the C/CAG Measure M funding agreement and the School District/SMCOE MOU.

The Project was advertised for construction bids on February 27, 2024. The project bid includes the crosswalk on Terra Nova Blvd in front of Terra Nova High School as a bid alternate. All other eight crosswalks are part of the base bid. The engineers estimate of the construction cost is $240,682 for the base bid and $28,547 for the alternate bid, for a total estimate of $269,229.

On March 21, 2024, the bid opening was held via videoconference by the City Clerk and the results are as follows:

Company Base Bid Alternate Bid Total Bid
Zara Construction $246,978 $60,035 $307,013
Dryco Construction, Inc. $277,285.50 $39,867 $317,152.50 Golden Bay Construction, Inc. $386,849.25 $33,273 $420,122.25 The apparent low total bid is from Zara Construction in the amount of $307,013. The total bid amount is approximately 14% higher than the engineers estimate. However, considering the other bids received and the current bidding environment, staff feels the amount is reasonable for the work to be performed.

All required documentation and licensure was submitted with Zara’s bid. Staff has checked Zara’s project references and found them to be satisfactory with regard to the responsible bidder definition in Section 1103 of the CA Public Contracts Code. An additional $77,714.00 above the previously approved FY 2023-2024 budget is required to fully fund this project with the additive alternate for Terranova. It is recommended that the additive alternate bid be awarded as this will increase safety at Terranova High School and the crosswalk is included in the scope of work of the Measure M funding agreement and would require approval from C/CAG to remove it from the project.

The City Manager recommends approving the additional budget and awarding the construction contract (Attachment "A"), including the additive alternate, to Zara Construction. In addition, a 10% contingency is recommended to allow enough funding to handle any changes or additional work identified during construction, for a total budget authority of $337,714. 13 Packet Pg. 272
Pacifica City Council 3
April 08, 2024
ALTERNATIVE ACTION:

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

However, this will result in project delays and possible increase in construction cost.

Additionally, Council may choose to only award the base bid in the amount of $246,978.

However, this would eliminate the crosswalk at Terra Nova High School from the project. The crosswalk is included in the scope of work of the Measure M funding agreement and would require approval from C/CAG to remove it from the project.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the construction contract is consistent with the following Council adopted Goals:
• Improve and steward city infrastructure, streets and facilities: This construction project will improve the existing pedestrian network by improving the safety and usability of existing crosswalks around the City.

FISCAL IMPACT:

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

Total Project Source and Use of Funds
School Crosswalk Beacon Replacement Project (Fund 22) $40,000 SRTS Small Infrastructure Capital Grant $20,000
Measure M Grant $200,000
Measure A (Fund 9) $77,714
Total Source of Funds $337,714
Mid-Block Crosswalk Safety Improvement Project
Construction
$337,714
Total Use of Funds $337,714
ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (PDF) 13 Packet Pg. 273
Pacifica City Council 4
April 08, 2024
RESOLUTION NO. _______

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

CONSTRUCTION CONTRACT WITH ZARA CONSTRUCTION IN AN AMOUNT NOT TO EXCEED $307,013 AND AUTHORIZE A BUDGET AUTHORITY IN THE AMOUNT OF $337,714, WHICH INCLUDES CONTINGENCIES IN AN AMOUNT NOT TO EXCEED TEN PERCENT (10%) OF THE CONSTRUCTION CONTRACT AMOUNTS; AUTHORIZE STAFF

TO EXECUTE FUTURE CHANGE ORDERS AND TASK ORDERS NOT TO EXCEED THE CONTINGENCY AMOUNT; AND AUTHORIZE THE CITY MANAGER TO SIGN CONTRACT

DOCUMENTS RELATED AND AUTHORIZE A BUDGET ADJUSTMENT IN THE AMOUNT OF $77,714 INTO THE PROJECT FROM MEASURE A FUND FOR THE MID-BLOCK

CROSSWALK SAFETY IMPROVEMENT
WHEREAS, consistent with the City of Pacifica’s Bidding Procedures for Public Projects (Municipal Code Title 3 Chapter 15) the City of Pacifica advertised the Request for Bids for MidBlock Crosswalk Safety Improvement Project on February 27, 2024; and WHEREAS, the apparent low bidder was Zara Construction; and WHEREAS, the bid from Zara Construction was found to be responsive and Zara Construction was found to be a responsible bidder, as defined in the CA Public Contracts Code.

NOW, THEREFORE BE IT RESOLVED that the City Council of the City Pacifica Adopt the Resolution Approving the Construction Contract between the City of Pacifica and Zara Construction for the Mid-Block Crosswalk Safety Improvement Project in an amount not to exceed $307,013; Authorize a budget authority in the amount of $$337,714, which includes contingencies in an amount not to exceed ten percent (10%) of the Construction Contract amounts; Authorize staff to Execute Future Change Orders and Task Orders not to exceed the contingency amount; and Authorize the City Manager to sign Contract Documents related to the Project.

NOW, THEREFORE BE IT RESOLVED that the Governing Board of the City of Pacifica authorizes entering into the construction contract and agreement for the Mid-Block Crosswalk Safety Improvement Project and that the person/s who are listed below are authorized to sign the project contract documents for the Governing Board. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 8th day of April, 2024, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Vaterlaus, Mayor
ATTEST: APPROVED AS TO FORM:
13 Packet Pg. 274
Pacifica City Council 5
April 08, 2024
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 13 Packet Pg. 275

1. IDENTIFICATION OF CONTRACTOR:

CONTRACTOR: ZARA CONSTRUCTION
CALIFORNIA LICENSE NO: 1063261 CLASS: A - General Engineering Contractor

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

COMPENSATION FOR WORK. Contractor’s total compensation for the Work performed under this Agreement (Contract Sum) is $307,013.00, 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 60 working days of Commencement Date.

Final Completion Date: Within 20 working days of Substantial Completion.

3.01 Liquidated Damage Amounts.

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

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

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

ATTACHMENT A

CITY OF PACIFICA
540 Crespi Drive, Pacifica, CA 94044

CONSTRUCTION SERVICES AGREEMENT

FRONTIERLAND PARK ADA IMPROVEMENT PROJECT
DATE: April 8, 2024

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Packet Pg. 276 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 2 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 Drive, Pacifica, CA 94044
CONTRACTOR: Zara Construction 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 Atif Zack Zahoor
President

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Packet Pg. 277 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 3 Addresses for Notices: Addresses for Notices:

ZARA Construction City of Pacifica
2343 Donner Pass Ave 540 Crespi Drive
Sacramento CA 95835 Pacifica, CA 94044

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Packet Pg. 278 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 4 Appendix A to Construction Services Agreement

SCOPE OF WORK
The Mid-Block Crosswalk Safety Improvement Project includes: install rectangular rapid flashing beacons, trench and remove existing in ground lights, update striping, install painted bulbouts with delineators, install 2 ADA curb ramps, slurry seal, and other miscellaneous work, described in the Plans and Specifications entitled: Mid-Block Crosswalk Safety Improvement Project.

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Packet Pg. 279 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 5 Appendix B to Construction Services Agreement

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

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

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

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

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

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

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

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Packet Pg. 280 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 6 any purpose unrelated to Contract Documents without Owner’s prior written consent. All copies of Information in written, graphic or other tangible form shall be delivered to Owner upon completion of Work, or earlier if otherwise provided in Contract Documents.

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

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

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

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

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

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Packet Pg. 281 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 7 registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.

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

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

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

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

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

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

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

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Packet Pg. 282 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 8 or anyone claiming under it, in contract or tort, for any special, consequential, indirect or incidental damages arising out of or in connection with the Contract Documents or the Work. Owner’s rights and remedies, whether under the Contract Documents or other applicable law, shall be cumulative and not subject to limitation.

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

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

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

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

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

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Packet Pg. 283 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 9 Dispute Resolution. All Contractor claims not otherwise subject to Public Contract Code Sections 20104 et seq shall, as a condition precedent to litigation thereon, first be mediated. Mediation shall be confidential, non-binding, pursuant to the construction mediation procedures of JAMS in San Francisco, California, and utilize the services of a mediator mutually acceptable to the parties. If the parties are unable to agree, the mediator will be selected by JAMS from its panel of approved construction industry mediators, having a minimum of 10 years’ experience in the construction industry. The cost of mediation shall be equally shared by all parties to the mediation. The parties shall, prior to the commencement of a mediation pursuant to this Paragraph, upon notice of the other party, exchange relevant, non-privileged project documents in compliance with Code of Civil Procedure Sections 2031.010 et seq. Additionally, the parties may agree mutually to engage in additional discovery prior to mediation. Should the parties proceed with additional discovery, they shall, unless mutually agreed otherwise, comply with Code of Civil Procedure Sections 2019, et. seq. The Mediator will undertake to resolve any discovery disputes relating to the Mediation.

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

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Packet Pg. 284 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 10 Appendix C to Construction Services Agreement

INSURANCE

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

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

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

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

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

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

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

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

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

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Packet Pg. 285 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 11

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

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

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Packet Pg. 286 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 12

Appendix D to Construction Services Agreement

CONSTRUCTION LABOR AND MATERIAL PAYMENT BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, the City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to Zara Construction as Principal a Construction Services Agreement, dated the 8th day of April, 2024 (Agreement), titled MID-BLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT located at the City of Pacifica in the amount of $307,013.00 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

The Mid-Block Crosswalk Safety Improvement Project includes: install rectangular rapid flashing beacons, trench and remove existing in ground lights, update striping, install painted bulbouts with delineators, install 2 ADA curb ramps, slurry seal, and other miscellaneous work, described in the Plans and Specifications entitled: Mid-Block Crosswalk Safety Improvement Project.

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

3. NOW, THEREFORE, we, the undersigned Principal and ______________________________ as Surety, are held and firmly bound unto Owner in the sum of 100% OF THE CONTRACT SUM ($_________________), for which payment well and truly to be made we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

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

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

6. Surety, for value received, hereby expressly agrees that no extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder, shall in any way affect the obligation of this bond; and it does hereby waive notice of any such extension of time, change, modification, alteration, or addition to the undertakings, covenants, terms, conditions, and agreements of the Agreement, or to the work to be performed thereunder.

7. Surety’s obligations hereunder are independent of the obligations of any other surety for the payment of claims of laborers, mechanics, material suppliers, and other persons in connection with Agreement;

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Packet Pg. 287 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 13 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.

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: Zara Construction (Corp. Seal) Company:
(Corp. Seal)
Signature Signature
Name Name
Title Title
Street Address Street Address
City, State, Zip Code City, State, Zip Code

END OF DOCUMENT

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Packet Pg. 288 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 14 Appendix E to Construction Services Agreement

CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

1. THAT WHEREAS, City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to Zara Construction as Principal a Construction Services Agreement, dated the 8th day of April, 2024 (Agreement), titled MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT in the amount of $307,013.00 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

The Mid-Block Crosswalk Safety Improvement Project includes: install rectangular rapid flashing beacons, trench and remove existing in ground lights, update striping, install painted bulbouts with delineators, install 2 ADA curb ramps, slurry seal, and other miscellaneous work, described in the Plans and Specifications entitled: Mid-Block Crosswalk Safety Improvement Project.

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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Packet Pg. 289 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 15 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: Zara Construction (Corp. Seal) Company:
(Corp. Seal)

Signature Signature

Name Name

Title Title

Street Address Street Address

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

END OF DOCUMENT

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Packet Pg. 290 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 16 Appendix F to Construction Services Agreement

SUPPLEMENTAL CONDITIONS

1. Plans
See Plans and Specifications entitled: Mid-Block Crosswalk Safety Improvement Project.

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

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

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

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

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

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

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

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

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

6. Discrimination

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Packet Pg. 291 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 17 No discrimination shall be made in the employment of persons upon public works because of the race, sex, age, color, national origin, creed, sexual orientation or marital status of such persons and every contractor for public works violating this section is subject to all the penalties imposed for a violation of Section 1735 of the California Labor Code.

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

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

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

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

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

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

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

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

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

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Packet Pg. 292 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 18 contract. He shall have the authority to reject materials or suspend the work until any question at issue can be referred to and decided by the Engineer.

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

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

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

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

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

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

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

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

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

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Packet Pg. 293 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 19 Unsatisfactory conditions may include, but not limited to: inclement weather, excessively high surf and/or tides, strikes, excessive high or low ambient temperature and inability of delivery of materials by suppliers for good reason.

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

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

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

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

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

16. Water Pollution
General:

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

Correction of Inadequate Pollution and Erosion Control Measures:

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

Abatement of Other Water Pollution:

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Packet Pg. 294 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 20 The cleanup of water pollution by chemicals, petroleum products, cement or by the escape of any other material that is harmful or potentially harmful, from the work site as a result of the Contractor’s operations, into drainage systems or the ocean shall be the financial responsibility of the Contractor. The means of cleanup and the party or parties to be engaged to perform the cleanup work shall be determined by the Engineer in consultation with appropriate hazardous materials, pollution control, safety, health and wildlife authorities and officials. The Contractor shall immediately carry out cleanup orders issued to him through or by the Engineer and shall make the work site accessible to personnel and equipment from outside pollution control resources called in by the Engineer. The cost of cleanup action called for by the Engineer and performed by outside resources shall be deducted from any monies due or become due the Contractor.

Compensation:

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

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

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

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

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

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

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Packet Pg. 295 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 21 wastes be covered, as needed, to avoid potential management of collected rain water as a hazardous waste.

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

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

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

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

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

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

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

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

Concrete, Grout and Mortar Waste Management
Material Management:

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

Concrete Truck/Equipment Wash Out:

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

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

13.a
Packet Pg. 296 Attachment: Attachment A: Agreement - Zara Construction - Midblock Crosswalk Project (5619 : Mid-Block Crosswalk Safety Improvement MIDBLOCK CROSSWALK SAFETY IMPROVEMENT PROJECT ZARA CONSTRUCTION Part I – Page 22 dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, then the Contractor shall collect the wash water and remove it off-site.

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

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

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

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

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

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

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

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

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
4/8/2024
1 SUBJECT:

Fiscal Year 2024-25 Budget Planning Process, Timeline and Preliminary Budget Strategies RECOMMENDED ACTION:

Accept the report and provide additional policy direction for the preparation of the FY2024-25 Budget.

STAFF CONTACT:

Kevin Woodhouse, City Manager
650-738-7409
[email protected]
Yulia Carter, Assistant City Manager
650-501-6004
[email protected]
BACKGROUND:

Each year, the City of Pacifica adopts an annual operating budget that reflects the planned activities for the next fiscal year based on the best information available to the City Council and staff at the time of adoption. This narrative report is the first step in this process. It is not yet intended to provide detailed budgetary information for FY2024-25. Rather, it is intended to describe the process, timeline, and receive early input from the City Council on several preliminary budget strategies recommended by the City Manager.

The next step in the budget process will be the Council’s adoption of the strategic plan updates and priorities and a detailed FY2024-25 Base Budget presentation, followed by public hearings and budget adoption. Again, this report provides the Council with a general outline of the budget development process, including timeline, methodology, and preliminary budget strategies for the upcoming year.

Budget Calendar
The annual budget cycle begins each year with the development of budget instructions, including policy directives and a budget calendar in January-February, and is completed with the budget adoption by the City Council in June of each year.

A summary of the tentative FY 2024-25 budget schedule is as follows:
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This year's budget cycle launched on March 9, 2024, with the Council’s review of the City’s Strategic Plan and Priority-Setting workshop. The Strategic Plan and priorities update will be presented to the Council’s adoption on April 22, 2024. On March 25, 2024, the Council completed a mid-year review of the FY2023-24 Budget. At that time, the Council reviewed revenues and expenditures and made adjustments that will be factored into the development of the FY2024-25 Base Budget, scheduled to be presented to the Council on May 13, 2024.

Budget Methodology
The Adopted Budget is achieved after an inclusive and interactive budget development process, which aims to reach a balanced and sustainable budget. In the previous year, staff modified the City's budget process to apply a modified zero-based budget methodology, a systematic financial management strategy commonly used by local governments to help achieve more cost-effective delivery of public services. The upcoming FY 2024-25 budget development process will follow the same methodology.

The purpose of the Base Budget is to reflect the current level of services and operations. The Base Budget is not an exact duplication of the prior year's adopted Budget because of actions that the Council may have taken that modified the Budget over the course of the year and, most importantly, because of the FY2024-25 Budget assumptions that will be presented to Council at the next budget study session, which will be held on May 13th.

The Base Budget will reflect the current economic conditions at the existing service level. Once the Base Budget is developed, each department will be given an opportunity to request prioritized program changes for service enhancements or reductions (if needed) and to identify any necessary or desirable service increase or reduction options while maintaining a balanced and sustainable budget.

The City Manager will then review department requests and formulate budget recommendations for service-level changes for the Council's consideration. These recommendations will be based on many factors, including the Council's strategic vision, staffing capacity, and potential impact on the overall City operation and services provided to the Community.

The final proposed budget document will incorporate the City Manager’s final recommendations based on the City Council's priorities and input. Throughout the upcoming budget meetings, the Council will have an opportunity to review and consider budget options and provide direction to the City Manager regarding any changes.
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The City's goal is to achieve a balanced budget with operating revenue equal to or greater than operating expenditures, including debt obligations and any reimbursements from other funds for services. Under this policy, total expenditures can exceed revenue in a given year to fund capital improvement plan projects or other "one-time" non-recurring expenditures. The City's financial position and the resources in each fund will determine the level of services and the projects that the City will be able to deliver to the community in the upcoming fiscal year.

Therefore, these services and projects will be included in the adopted Budget.

FY 2024-25 Preliminary Budget Strategies
The comprehensive update to the Strategic Plan and Priorities is scheduled for presentation and adoption by the Council on April 22, 2024. However, the overarching City goals remained unchanged from the City Council’s March 9 Strategic Planning workshop. During the workshop, the City Council confirmed the following five Pacifica goals for the next six years:

1. Enhance organizational and fiscal stability.

2. Improve and steward City infrastructure, streets, and facilities.

3. Prioritize protection and development of affordable housing.

4. Pursue climate change adaptation and mitigation.

5. Broaden public communications and collaboration.

The Council's input on the following recommended preliminary budget strategies related to these goals will help guide the development of budget recommendations for FY2024-25 that achieve the Council's Strategic Plan Goals and Strategies and continue providing exceptional City services to the Pacifica community.

Strategy #1: Utilize funding strategies to augment professional staffing, while minimizing General Fund impact. (Supports Goal #1)
As in previous years, the City continues to face challenges in adding new positions due to insufficient operating revenue surplus. As previously reported by staff, over the past two years, the City has struggled with a high vacancy rate and difficulties in recruiting and retaining talent.

These challenges are currently widespread in the local government sector, especially in highly competitive and costly labor markets like the Bay Area. Some recruitments had to be repeated multiple times without success. Additionally, the City appears to have fewer full-time-equivalent positions than other comparable agencies. A study conducted a few years ago revealed that Pacifica is 23% lower-staffed compared to other cities of similar size and service level. The City Manager has engaged a consulting firm to conduct a quick analysis of the City’s staffing levels.

The preliminary results of this study will be presented to the Council at a later budget session and will serve as a guide in developing future strategies to fulfill the Council’s goal of enhancing organizational stability.

Last month, during the FY 2024-25 Midyear Budget update, the City Council approved changes to the position control, converting five previously approved ARPA-funded limited-term positions into permanent roles. This decision represents a step in the right direction in enhancing the City’s organizational capacity.

Additionally, staff is actively working on identifying additional strategies for staff augmentation to facilitate the effective delivery of projects and services. These strategies will be presented more comprehensively in a future budget session but are generally listed here to receive initial Council feedback:
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1. Fund Interns/Fellows - Lower-cost and temporary positions, such as interns/fellows, can be an effective way to augment staff work. Developing younger employees through these placements is also a great training and recruitment tool for potential future full-time employees. Last year, the City partnered with CivicSpark to host a highly qualified intern who is making significant contributions to the City’s sustainability programs. In order to continue this successful work, for the FY2024-25 Budget, staff will consider adding an in-house intern position in the Planning Department to continue advancing the City's progress in updating the Climate Action and Adaptation Plan. Additionally, the City plans to continue participating in the County-wide Internship program, building on last year’s success of hosting a class of five interns citywide.

2. Additional Contract Planning services - With an anticipated increase in private development applications, continued budgeting for additional contract planning staff services may be warranted and would be reimbursed by private applicants;

3. Salary Savings - Due to the above-mentioned recruitment and retention challenges, the City has experienced substantial salary savings over the last few years. As part of the labor negotiation strategy last year, the City Manager recommended factoring in reasonable and sustainable salary savings estimates in the FY 2024-25 Budget to afford the considerable labor package, including COLA and equity increases offered to all labor groups in year two of the MOU contracts. Building a 3-5% salary savings rate might become an ongoing city strategy to increase the city’s organizational capacity and improve recruitment and retention over the next few years. This strategy would have to be monitored closely throughout the year and reviewed and validated each year during the mid-year budget review.

Strategy #2: Addressing financial uncertainties concerning the Vehicle License Fee InLieu payments from the state (Supports Goal #1).

At the Midyear Budget review on March 25, 2024, staff provided background and the current state of the VLF In-Lieu funding issue. The outcome of this discussion was an approved recommendation for a one-time reduction of the General Fund emergency reserve to fund this year’s state’s takeaway of nearly $1.7 million that was due to the City in FY2023-24.

Based on the state’s continuing position, the ongoing receipt of these revenues appears to be in jeopardy. As discussed during the last meeting, this is an evolving issue that may have a major impact on the FY 2024-25 Budget and beyond, potentially impacting City services long-term.

The San Mateo County City Managers and Finance Officers are working together on a unified response to this economic stability threat, and based on these discussions, the City Manager recommends budgeting the VLF In-Lieu revenues that are due to the City, including an FY 2022-23 shortfall amount of $1,452,355 due to the City in the upcoming year based on the current two-year delayed schedule in remitting these revenues back to cities by the state.

However, if the state does not follow through on its obligations, an additional reduction in emergency reserves might be necessary again at the Midyear Budget review. Staff will continue monitoring this issue closely and provide more in-depth briefing to the City Council during the budget development process if any new information comes to light.

Strategy #3: Maintaining the “status quo” for annual funding of non-profit organizations (Supports Goal #1).

On March 11, 2024, the staff brought forward a policy discussion to consider formalizing the annual Funding process for non-governmental organizations (NGOs). After discussion, the 14 Packet Pg. 301
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Council did not direct staff to initiate a formal annual grant funding program for local non-profits but instead to continue with the current funding parameters. To memorialize this direction for the upcoming budget, the City Manager is looking for confirmation that the following nonprofit organizations should continue receiving the same general donation funding not tied to service agreements in the FY 2024-25 at the current funding level as listed in the table below.

Strategy #4: Capital Improvement Program funding for unfunded infrastructure projects (Supports Goals #1 and #2)
The complete FY 2024-29 CIP Program will be presented at the May 13, 2024, budget session.

Given the City's current financial position and substantial resources needed to fund the FY 2024-25 Capital Program, funding for non-discretionary capital projects is another ongoing budget challenge that requires strategy development to address.

Over the next few weeks, Finance and Public Works staff will be working on identifying all available funding sources (State Grants, County contributions, Gas Tax, and various other funds) to build in necessary capital transfers to fund capital projects. When no external funding sources can be identified, General Fund revenues will need to be allocated to help fund identified priority capital projects. Similar to past years, this year’s CIP program will contain new and ongoing non-discretionary priority projects and discretionary projects, requiring additional funding.

The current FY 2023-24 Adopted Budget included a General Fund contribution of $1.3 million to the Capital program, including allocation towards the new Civic Center project that is now near completion. Given that the City does not have dedicated capital revenue sources, this level of General Fund contribution towards the CIP program is not sustainable because of the competing strategic priorities and ongoing funding demands for general services. However, this is not sufficient funding to address the City's increasing capital needs, prompting staff to seek alternative funding sources for long-term capital funding.

For the FY 2024-25 Budget, the City Manager recommends starting a competitive consultant selection process by issuing a request for a proposal for a Development Impact Fee, Cost Allocation, and Master Fee Study, which has not been done in decades. Municipal best practices guidelines state that staff should complete a comprehensive review of the cost of providing fee-related services and user fees every 5-7 years, and a cost allocation model should be used as a basis to ensure that the City is accurately accounting for the true cost of providing services. The Development Impact Fee nexus study will review development impact mitigation fees imposed on new development and may result in improving the City’s capacity to fund critical infrastructure needs. The State Legislature passed AB 1600, the Mitigation Fee Act, establishing ground rules for the imposition and ongoing administration of impact fee programs.

The State law provides cities with the ability to impose defensible fees to ensure that new development pays its “fair share for the impact on community facilities and infrastructure.” This 14 Packet Pg. 302
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is a major project that will require substantial staff resources and funding, and given the timing of other major projects, strategic scheduling of this work will be a critical budget strategy to allocate staffing and budget resources for the success of the entire project.

If the Council supports the Project, the consultant selection portion of the overall project will be planned for the second half of FY 2024-25. The Development Impact Fee study kick-off will be in the last quarter of FY 2024-25, followed by the Cost Allocation Plan and Master Fee Study update in the following FY 2025-26 Budget.

Strategy #5: Continue allocating a portion of Excess Educational Revenue Augmentation Funding (Excess ERAF) toward funding for affordable housing (Supports Goal #3).

Excess ERAF revenue is not considered a stable ongoing source of annual revenue and is therefore allocated as one-time funding every year it is received. Last year, the Council approved the City Manager’s recommendation to split the Excess ERAF remaining balance of $3.2 million, following allocation to two NGOs (PRC and PBC), between the Disaster Accounting Fund (fund 38) and the Housing In-Lieu Fund (fund 24) to fund future potential affordable housing projects.

The City Manager’s preliminary recommendation for the upcoming FY 2024-25 is to continue this policy and allocate the Excess ERAF funds as follows:
• $100,000 toward the Pacifica Resource Center
• $5,000 toward the Pacific Beach Coalition
• 50% of the remaining balance toward Fund 38 (Disaster Accounting Fund) • 50% of the remaining balance toward Fund 24 (Housing in-Lieu Fund) Depending on the City’s projected financial condition, an alternative recommendation may be developed and presented at a future budget session.

NEXT STEPS
At the next meeting on April 22, 2024, staff will present updates to the Strategic Plan and priorities for Council adoption. This strategic framework serves as a critical roadmap for the organization, outlining the City’s short and longer-term priorities and objectives, that also directly translate into the workplan and budget recommendations for the upcoming FY 2024-25 Budget.

On May 13, 2024, staff will present the FY 2024-25 Base Budget and the recommended funding for the FY 2024-25 Capital Improvement Plan. In subsequent budget sessions, more defined budget options and recommendations will be brought forward before the final adoption of the FY 2024-25 Budget in June.

FISCAL IMPACT:

There is no action or fiscal impact associated with this item. This is an informational presentation seeking the Council’s initial input to help guide the further development of budget recommendations. As reflected in the budget calendar above, staff will be bringing forward the FY2024-25 Base Budget and more in-depth recommendations for budget strategies, policy options, and service change recommendations at future meetings.

ORIGINATED BY:

City Manager's Office
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ATTACHMENT LIST:
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