Pacifica City Council
March 10, 2025

(5) Obligations at the Additional Insured’s Own Cost
No Additional Insured will, except at their own cost, voluntarily make a payment, assume any obligation, or incur any expense, other than for first aid, without our consent.

The Additional Insured(s) scheduled above shall be subject to all other conditions set forth in the Coverage Form.

This endorsement does not alter coverage provided in the Coverage Form.

This endorsement changes the policy to w hich it is attached and is effective on the date issued unless otherw ise stated. (The information below is required only w hen this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/01/202 Policy No. CA 6676536 Endorsement No.

Named Insured SWEEP AMERICA HOLDINGS, LLC Premium $ Included Insurance Company Safety National Casualty Corporation
Countersigned By ________________________________

7.a
Packet Pg. 125 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

SNCA 027 10 13 Safety National Casualty Corporation Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:

COMMERCIAL AUTOMOBILE COVERAGE PART

SCHEDULE
Name Of Person Or Organization:

Person(s) or Organization(s) as required by written contract when such written contract is executed prior to an accident to which this endorsement applies.

Any individually scheduled Waivers shall not be construed to override nor negate this blanket Waiver.

Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

CHANGE
We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for “bodily injury” or “property damage” to which this insurance applies, caused by an “accident” and resulting from the ownership, maintenance or use of a covered “auto”. This waiver applies only to the person or organization shown in the Schedule above.

This endorsement changes the policy to w hich it is attached and is effective on the date issued unless otherw ise stated. (The information below is required only w hen this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/01/202 Policy No. CA 6676536 Endorsement No.

Named Insured SWEEP AMERICA HOLDINGS, LLC Premium $ Included Insurance Company Safety National Casualty Corporation
Countersigned By ________________________________

7.a
Packet Pg. 126 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) POLICY NUMBER: CA 6676536 COMMERCIAL AUTO
CA 04 49 11 16
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY– OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

AUTO DEALERS COVERAGE FORM

BUSINESS AUTO COVERAGE FORM

MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.

A. The following is added to the Other Insurance
Condition in the Business Auto Coverage Form
and the Other Insurance – Primary And Excess
Insurance Provisions in the Motor Carrier
Coverage Form and supersedes any provision to
the contrary:

This Coverage Form's Covered Autos Liability
Coverage is primary to and will not seek
contribution from any other insurance available to
an "insured" under your policy provided that:

1. Such "insured" is a Named Insured under such
other insurance; and

2. You have agreed in writing in a contract or
agreement that this insurance would be primary
and would not seek contribution from any other
insurance available to such "insured".

B. The following is added to the Other Insurance
Condition in the Auto Dealers Coverage Form and
supersedes any provision to the contrary:

This Coverage Form's Covered Autos Liability
Coverage and General Liability Coverages are
primary to and will not seek contribution from any
other insurance available to an "insured" under
your policy provided that:

1. Such "insured" is a Named Insured under such
other insurance; and

2. You have agreed in writing in a contract or
agreement that this insurance would be primary
and would not seek contribution from any other
insurance available to such "insured".

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7.a
Packet Pg. 130 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) POLICY NUMBER: GL 6676535 COMMERCIAL GENERAL LIABILITY
CG 24 04 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1

WAIVER OF TRANSFER OF RIGHTS OF RECOVERY

AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

ELECTRONIC DATA LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES

POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART

RAILROAD PROTECTIVE LIABILITY COVERAGE PART

UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS

SCHEDULE
Name Of Person(s) Or Organization(s):

Person(s) or Organization(s) as required by written contract when such written contract is executed prior to an occurrence, offense or loss to which this endorsement applies.

Any individually scheduled Waivers shall not be construed to override nor negate this blanket Waiver
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.

The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV – Conditions:

We waive any right of recovery against the person(s)
or organization(s) shown in the Schedule above
because of payments we make under this Coverage
Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against
such person(s) or organization(s) prior to loss. This
endorsement applies only to the person(s) or
organization(s) shown in the Schedule above.

7.a
Packet Pg. 131 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) POLICY NUMBER: GL 6676535 COMMERCIAL GENERAL LIABILITY
CG 20 01 12 19
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 PRIMARY AND NONCONTRIBUTORY –

OTHER INSURANCE CONDITION
This endorsement modifies insurance provided under the following:

COMMERCIAL GENERAL LIABILITY COVERAGE PART

LIQUOR LIABILITY COVERAGE PART

PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
The following is added to the Other Insurance
Condition and supersedes any provision to the
contrary:

Primary And Noncontributory Insurance
This insurance is primary to and will not seek
contribution from any other insurance available to
an additional insured under your policy provided
that:
(1) The additional insured is a Named Insured
under such other insurance; and
(2) You have agreed in writing in a contract or
agreement that this insurance would be
primary and would not seek contribution
from any other insurance available to the
additional insured.

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Packet Pg. 132 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) THIS FORM APPLIES ONLY TO THE FOLLOWING STATE(S) IF COVERED BY YOUR POLICY. IF A STATE IS NOT LISTED BELOW, THIS FORM DOES NOT APPLY IN THAT STATE.

AL, AZ, CA, DE, FL, GA, IL, IN, LA, MD, MI, MS, MO, NC, NJ, PA, SC, TN, TX, VA, WV This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 06/01/2024 Policy No. LDS4068227 Endorsement No.

Insured Premium $ Included
Insurance Company Safety National Casualty Corporation
Countersigned By ________________________________
WC 00 03 13 (04 84)
© 1983 National Council on Compensation Insurance.

WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13

WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule.

SCHEDULE

WHERE A WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS IS REQUIRED BY WRITTEN CONTRACT,

SUCH ADDITIONAL ENTITIES SHALL BE CONSIDERED AUTOMATICALLY SCHEDULED BY THE COMPANY.

INDIVIDUALLY SCHEDULED WAIVERS SHALL NOT BE CONSTRUED TO OVERRIDE NOR NEGATE THIS BLANKET WAIVER.

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Packet Pg. 133 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping)

Request for Proposal for Street Sweeping Services
City of Pacifica
Department of Public Works
June 2024 - 49 -
SECTION 9

CONTRACTORS CERTIFICATION

ATTACHED

1. Contractors Certifications

2. Certification of Workers’ Compensation

END OF SECTION
(Please reference the insurance certificate
in the previous section) (DIR Registration is listed on the following pages)

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Packet Pg. 134 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) Registration Services:: Page 1 of 2 3/31/2022 7:12:09 AM

APPLICATION FOR

PUBLIC WORKS CONTRACTOR REGISTRATION
Registration Information
Type: Public Works
Period: 03/31/2022 06/30/2024
Contractor Information
Contractor Name: SCa of CA, LLC
Trade Name:

License Type Number: PW-LR-1000880302
Contractor Physical Address
Physical Business Country: United States of America Physical Business City/ Province:

Gardena
Physical Business Address: 1937 W 169th St. Physical Business State: CA Physical Business Postal
Code:
90247
Contractor Mailing Address
Mailing Country: United States of America Mailing City /Province: Seven Hills Mailing Address: 4141 Rockside Road, Suite 100 Mailing State: OH Mailing Postal Code: 44131
Contact Info
Daytime Phone: Daytime Phone Ext.:

Mobile Phone: Business Email: [email protected] Applicant’s Email: [email protected]

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Packet Pg. 135 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) Registration Services:: Page 2 of 2
Workers’ Compensation
Professional Employer Organization (PEO)
Do you lease employees through Professional Employer Organization? No Workers’ Compensation Overview
Carrier: Hartford Fire Insurance
Company
Inception Date: 06/01/2021
Policyholder Name: SCA of CA, LLC Expiration Date: June 1, 2022 Policy Number: 83 WN S67103
Certification
Yes I certify that I do not have any delinquent liability to an employee or the state for any assessment of back wages or related damages, interest, fines, or penalties pursuant to any final judgment, order, or determination by a court or any federal, state, or local administrative agency, including a confirmed arbitration award I certify that the contractor is not currently debarred under Section 1777.1 or under any other federal or state law providing for the debarment of contractors from public works.

Yes I certify that one of the following is true: (1) I am licensed by the Contractors State License Board (CSLB) in accordance with Chapter 9 (commencing with Section 7000) of the Business and Professions Code; or (2) my business or trade is not subject to licensing by the CSLB.

Yes I understand refunds are not authorized
I, Katy Beyerle, the undersigned, am , SCa of CA, LLC with the authority to act for and on behalf of the above named contractor. I certify under penalty of perjury that all of the above information provided is true and correct. I further acknowledge that any untruthful information provided in this application could result in the certification being canceled.

I certify this on: 7:09 AM
Legal Entity Information
Legal Entity Type: LLC
Name: SCa of CA, LLC

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Packet Pg. 136 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) Request for Proposal for Street Sweeping Services
City of Pacifica
Department of Public Works
September 2024 - 50 -
SECTION 10

ADDENDA
Bidder acknowledges receipt of Addendum:

Addendum Number Received
1 
2 
3 
4 


THE BIDDER MUST ACKNOWLEDGE RECEIPT OF ALL ADDENDA. Not checking the box for all issued addenda will disqualify the bid.

THIS SHEET MUST ACCOMPANY BID.

Signature
Regional Vice President
Title
9/24/2024
Date
✔
✔
✔
✔

7.a
Packet Pg. 137 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping)

Request for Proposal for Street Sweeping Services
City of Pacifica
Department of Public Works
September 2024 - 10 -
SECTION 3

COST PROPOSAL SCHEDULE
City of Pacifica
San Mateo County, California
Proposal
Street Sweeping Services — July 1, 2024 — December 31, 2027 The undersigned declares that they have carefully examined the location of the proposed work, and that they have examined the City of Pacifica and hereby proposes and binds themselves on award by the City Council to perform Street Sweeping as directed by the City’s Director of Public Works in accordance with the said Contract Requirements attached, and in that connection, furnish all necessary labor, tools, equipment, materials and supplies for performing and completing the work set forth in the said Contract Requirements with provided proposed and/or Sweeping Maps at the prices named in this proposal below:

The City may renew the agreement on annual bases for up to three (3) additional years. The annual increase shall be as determined by the CPI (CWI) for the San Francisco-Oakland-San Jose Metropolitan Area Annual (October) Consumer Price Index. The maximum increase in any year shall not exceed five percent.

Notes:

1. Proposal price alone will not be the sole determining factor in the selection of the contractor for this work. The City will consider the proposed costs for all proposal items identified herein together with the contractor qualifications and references to form the basis for its selection decision.

2. All cost proposal schedules must be filled out legibly and submitted.

3. Proposals shall be valid for 180 days from RFP due date. ____________________________________________________________ Authorized Signature Title Date
Regional Vice President 9/24/2024

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Packet Pg. 138 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping)

3. Price Proposal
Please note the total is all-inclusive maximum price and to contain all direct and indirect costs including all out-of-pocket expenses with a full and complete breakdown of all said costs, and proposed fees including but not limited to hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, miscellaneous fees, etc., for the first year's audit engagement. In addition, we will not be charging travel costs.

7.a
Packet Pg. 139 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping)

7.a
Packet Pg. 140 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping)

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Packet Pg. 141 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping)

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 Appendix B to Construction Services Agreement

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Packet Pg. 142 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping)

any purpose unrelated to Contract Documents without Owner’s prior written consent. All copies of Information in written, graphic or other tangible form shall be delivered to Owner upon completion of Work, or earlier if otherwise provided in Contract Documents.

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

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

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

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registered civil or structural engineer employed by Owner) must accept, in advance of excavation, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of such trench or trenches, pursuant to Labor Code Section 6705. If such plan varies from the shoring system standards, the plan shall be prepared by a registered civil or structural engineer. Consistent with Government Code Section 4215, as between Owner and Contractor, Owner will be responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the Site only if such utilities are not identified in the Contract Documents or information made available for bidding.

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

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

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

The payroll records shall be certified and submitted as required by law, including Labor Code Section 1771.4 and 1776, including (if the Agreement is awarded on or after April 1, 2015 or continues on or after January 1, 2016) to the Labor Commissioner no less frequently than monthly.

Contractor shall comply fully with Labor Code Section 1777.5 in the hiring of apprentices for work relating to the Agreement. If Contract Sum exceeds $2,000 and is funded with federal funds, then Contractor shall pay federal Davis Bacon wages and comply with applicable federal requirements.

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

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

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

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Packet Pg. 144 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping)

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. 145 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping)

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. 146 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping)

INSURANCE
Appendix C to Construction Services Agreement

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.

2. Business Automobile Liability Insurance with limits not less than [$1,000,000] each occurrence including coverage for owned, non-owned and hired vehicles.

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, provided that the waiver of subrogation shall not apply to the extent of the negligence or willful act or omission of 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. 147 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) Appendix D to Construction Services Agreement

CONSTRUCTION LABOR AND MATERIAL PAYMENT 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 SCA of CA, LLC as Principal a Construction Services Agreement, dated the 24th of February, 2025(Agreement), titled Pacifica Street Sweeping 2025-2028 located at the City of Pacifica in the amount of $600,912.00 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

1. 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;

2. 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 ($600,912.00), 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.

3. 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.

4. 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.

5. 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.

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

7. 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)

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Packet Pg. 148 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping)

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. 149 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) Appendix E to Construction Services Agreement

CONSTRUCTION PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS:

2. THAT WHEREAS, City of Pacifica, a general law city and municipal corporation of the State of California (Owner) has awarded to SCA of CA, LLC as Principal a Construction Services Agreement, dated the 24th of February, 2024 (Agreement), titled Pacifica Street Sweeping 2025-2028located at the City of Pacifica in the amount of $600,912.00 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

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

4. 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.

5. 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.

6. 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.

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

7.01 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

7.02 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 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.

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Packet Pg. 150 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping)

8. 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.

9. 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.

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

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

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

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

Signature Signature

Name Name

Title Title

Street Address Street Address

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

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Packet Pg. 151 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) Appendix F to Construction Services Agreement

SUPPLEMENTAL CONDITIONS

1. Plans
See Plans, Specifications and Estimates.

2. Shop Drawings
Shop drawings maybe required on this project.

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

The final cleaning shall leave the facilities ready for use with no additional cleanup. Use no cleaning materials which will contaminate the ocean. At the completion of the contract, the Contractor shall remove all remaining litter, debris, materials, temporary structures and equipment from the site. The premises shall be left in a clean and orderly condition acceptable to the City Engineer.

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

4. Public Safety
Contractor shall be responsible during all phases of work to provide for public safety and convenience. It shall be the Contractor’s responsibility to provide adequate provisions to assure the safety of the general public throughout the duration of the project, including periods when no work is being performed. The site shall be thoroughly fencedoff 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
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

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Packet Pg. 152 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) 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 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.

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Packet Pg. 153 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) 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. 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

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Packet Pg. 154 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) 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:

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

7.a
Packet Pg. 155 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) 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 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.

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Packet Pg. 156 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping) 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 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 DrugFree 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.

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Packet Pg. 157 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping)

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. 158 Attachment: Streetsweeping Services Agreement (5857 : Approval of Services Agreement for Street Sweeping)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/10/2025
1 SUBJECT:

Approval of Construction Services Agreement for Tree Maintenance services and Emergency Tree Maintenance between the City of Pacifica and Davey Tree Expert Company RECOMMENDED ACTION:

Adopt a Resolution Authorizing a Construction Services Agreement for Tree Maintenance Services and Emergency Tree Maintenance Services between the City of Pacifica and Davey Tree Expert Company, in the amount of $150,000 annually ($450,000 for three (3) years); and Authorize the City Manager to execute all necessary documents.

STAFF CONTACT:

Michael Pham
Parks and Facilities Superintendent
(650) 501-0305
[email protected]
Roland Yip, P.E.

Deputy Director/City Engineer
(650) 738-3767
[email protected]
Louis Sun, P.E., Interim Public Works Director
(650) 738-4662
[email protected]
BACKGROUND/DISCUSSION:

The City of Pacifica manages approximately 1,650 street trees and trees located on City-owned properties. The latest annual contract, which was renewable for three (3) years, has expired.

The City advertised a new Request for Proposal (RFP) on December 13, 2024 and completed the evaluation end of January 2025. The work outlined in the RFP includes pruning, cutting, removal, maintenance, planting of trees, and stump grinding. The goal of the RFP is to maintain the city’s trees in a safe and aesthetically pleasing condition within an annual budget of $150,000.

The deadline for proposals was January 23, 2025 at 2:00 p.m. Seven companies submitted proposals in response to the RFP.

The proposals from the various companies provided hourly rates that ranged from $84 to $220 for tree pruning and from $90 to $330 for tree removals.

Bay Area Tree Specialists
8 Packet Pg. 159
Pacifica City Council 2
March 10, 2025
Davey Tree Expert Company
Julian Tree Care, Inc.

Professional Tree Care Company
Rapid Response Force, LLC
West Coast Arborist, Inc.

West Coast Tree Service Inc.

Each company was required to submit a packet that included hourly rates for labor, equipment, and other requirements. Staff from the Public Works Department reviewed and evaluated the submitted proposals based on the criteria including quality of proposal, experience of the proposer, relevant qualifications of key personnel, accessibility of key personnel, understanding of the City’s objectives and pricing.

As required by state Public Contracts Code, the RFP utilized a qualifications-based selection (QBS) approach to ensure the City selected the most qualified Consultant for this critical Project. From December 2024 to January 2025, Staff reviewed the proposals based on the following criteria:
• Fees and Level of Effort
• Project Understanding and Approach
• Project and Team References
Davey Tree Expert Company’s Proposal pricing is in the middle of all the proposals; however, the selection process is not based on the lowest fee alone. Davey Tree Expert Company’s team has experience in pruning, cutting, removal, maintenance, planting of trees, and stump grinding.

Moreover, Davey Tree has provided a team experienced in tree maintenance services and emergency tree maintenance services. Their proposed team has recently worked on similar projects for San Mateo, Colma, and Belmont. These projects included elements which will be critical to the success of the service, including:
• The hourly rates for labor, equipment, and other requirements • Their location in Colma is advantageous for the City of Pacifica in case of emergency events
• Davey Tree Expert Company is the current Tree Maintenance contractor • Davey Tree has worked with the City for the past four years, serving as the main contractor, and they have a clear understanding of the City's needs and expectations. • Experience and with over 20 years of experience
Because of the above reasons, City staff ranked Davey Tree first and determined that they are the most qualified to perform the requested tree maintenance services. The City Manager recommends approval of the Tree Maintenance Services and Emergency Tree Maintenance Services Contract with Davey Tree Expert Company. Based on their proposal and reference checks, staff feels that Davey Tree Expert Company offers the best balance between price and quality.

ALTERNATIVE ACTION:

Council may choose not to approve the contract. However, this will result in delayed tree maintenance and increased tree related hazards. Staff, does not recommend this alternate action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
8 Packet Pg. 160
Pacifica City Council 3
March 10, 2025
• Improve and steward City infrastructure, streets and facilities: The contract will maintain the City’s tree.

FISCAL IMPACT:

Fiscal Impact will be in the amount of $150,000. Funds were previously approved with the adoption of the FY 2024-25 budget. Upon the Council’s approval of the contract, the funds will be included in the future year’s base budget to cover services under this agreement through FY 2028-2029. The city also retains the option to renew the agreement annually for up to three additional years.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:

DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (PDF)
8 Packet Pg. 161
Pacifica City Council 4
March 10, 2025
RESOLUTION NO. ______

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

CONTRACT BETWEEN THE CITY OF PACIFICA AND DAVEY TREE EXPERT COMPANY

FOR THE CITY OF PACIFICA TREE MAINTENANCE SERVICES AND EMERGENCY TREE MAINTENANCE SERVICES IN AN AMOUNT OF $150,000.00 ANNUALLY WHEREAS, the City of Pacifica manages approximately 1,650 trees in the street rightof-way and trees located on City-owned properties; and WHEREAS, the annual contract has expired and up for renewal; and 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 Proposal for the Tree Maintenance Services and Emergency Tree Maintenance Services; and WHEREAS, Davey Tree Expert Company has provided a team experienced in tree maintenance services and emergency tree maintenance services; they are based locally in Colma with quicker response time to emergencies; Davey Tree has extensive knowledge and experience working in the City of Pacifica; and
WHEREAS, City staff determined Davey Tree Expert Company are the most qualified to perform the requested tree maintenance services.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Pacifica approves the Contract between the City of Pacifica and Davey Tree Expert Company for the City of Pacifica Tree Maintenance Services and Emergency Tree Maintenance Services in an amount of $150,000.00 annually.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 10th day of March, 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 8 Packet Pg. 162

AGREEMENT FOR TREE MAINTENANCE
AND

EMERGENCY TREE MAINTENANCE SERVICES
This Agreement is made and entered into as of the 24th day of February, 2025 by and between the City of Pacifica hereinafter called “CITY” and Davey Tree Expert Company hereinafter called “CONTRACTOR”.

RECITALS
This Agreement is entered into with reference to the following facts and circumstances:

A. That CITY desires to engage the CONTRACTOR to render certain professional services as enumerated in the REQUEST FOR PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE SERVICES dated December 13, 2024, a copy of which is attached hereto and incorporated by this reference;
B. That CONTRACTOR is qualified to provide such services to the CITY and; C. That the CITY has elected to engage the services of CONTRACTOR upon the terms and conditions as hereinafter set forth.

AGREEMENT

1. Services. The services to be performed by CONTRACTOR under this Agreement shall include those services set forth in the REQUEST FOR PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE SERVICES dated December 13, 2024, which is, by this reference, incorporated herein and made a part hereof as though it were fully set forth herein.

Performance of the work specified in said REQUEST FOR PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE SERVICES dated December 13, 2024 is hereby made an obligation of CONTRACTOR under this Agreement, subject to any changes that may be made subsequently hereto upon the mutual written agreement of the said parties.

Where in conflict, the terms of this Agreement supersede and prevail over any terms set forth in the REQUEST FOR

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Packet Pg. 163 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance)

PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE SERVICES dated December 13, 2024.

2. Term; Termination. (a) The term of this Agreement shall commence upon the date hereinabove written. The initial term of this Agreement shall be FOUR (4) years.

The contract may be renewed subject to successful completion of the initial contract term, in up to three (3) one-year (12 months) increments. (b) Notwithstanding the provisions of (a) above, any of the parties may terminate this Agreement without cause by giving written notice not less than ninety (90) days prior to the effective date of termination, which date shall be included in said notice.

In the event of such termination, the City shall compensate Contractor for services rendered, and reimburse Contractor for costs and expenses incurred, to the date of termination, calculated in accordance with the provisions of paragraph 3. It is equally understood that CONTRACTOR shall reimburse the CITY for services yet to be rendered. In ascertaining the services actually rendered to the date of termination, consideration shall be given both to completed work and work in process of completion. Nothing herein contained shall be deemed a limitation upon the right of the City to terminate this Agreement for cause, or otherwise to exercise such rights or pursue such remedies as may accrue to the CITY hereunder.

3. Compensation; Expenses; Payment. CITY shall compensate Contractor for all services performed by Contractor hereunder in an amount based upon the COST PROPOSAL SCHEDULE A & B included in the TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE PROPOSAL dated December 13, 2024 during the time of the performance of said services.

Compensation and reimbursement of costs and expenses hereunder shall be payable upon monthly billing therefore by Contractor to the CITY, which billing shall include an itemized statement, briefly describing by task and labor category or cost/expense items billed.

4. Additional Services. In the event the CITY desires the performance of additional services not otherwise included within the services described in the REQUEST

FOR PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE
MAINTENANCE SERVICES dated December 13, 2024 such services shall be authorized in advance of the performance thereof by the CITY, in writing. Such amendment to this Agreement shall include a description of the services to be performed there under, the maximum compensation and reimbursement of costs and expenses payable therefore, the time of performance thereof, and such other matters as the parties deem appropriate for the accomplishment of such services.

Except to the extent modified by written amendment, all other terms and conditions of this Agreement shall be deemed incorporated in each such amendment.

5. Records. Contractor shall keep and maintain accurate records of all time expended and costs and expenses incurred relating to services to be performed by

8.a
Packet Pg. 164 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) Contractor hereunder. Said records shall be available to the CITY for review and copying during regular business hours at Contractor’s place of business or as otherwise agreed upon by the parties.

6. Authorization. This Agreement becomes effective when endorsed by all parties in the spaces provided below.

7. Reliance on Professional Skill of Contractor. CONTRACTOR represents that it has the necessary professional skills to perform the services required and the CITY shall rely on such skills of the CONTRACTOR to do and perform the work. In performing services hereunder Contractor shall adhere to the standards generally prevailing for the performance of expert services similar to those to be performed by Contractor hereunder.

8. Status of Contractor: The parties intend that CONTRACTOR, in performing the services hereinafter specified, shall act as an independent contractor and shall have the control of the work and the manner in which it is performed. It is understood and agreed that this agreement is not a contract of employment in the sense that the relationship of master and servant exists between the CITY and undersigned. At all times, CONTRACTOR shall be deemed to be an independent contractor and CONTRACTOR is not authorized to bind the CITY to any contracts or other obligations in executing the Agreement. CONTRACTOR is not to be considered an agent or employee of the CITY, and is not entitled to participate in a pension plan, insurance, bonus or similar benefits the City of Pacifica provides.

CONTRACTOR CERTIFIES that no one who has or will have any financial interest under this agreement is an officer or employee of the CITY. CONTRACTOR will determine the method, details and means of performing the services set forth in the REQUEST FOR PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE SERVICES dated December 13, 2024.

9. Schedule. Contractor shall adhere to the required response time set forth in the

REQUEST FOR PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE SERVICES dated December 13, 2024.

Contractor acknowledges the importance to the CITY of the tree maintenance and emergency tree maintenance project schedule and agrees to put forth its best professional efforts to perform its services under this Agreement in a manner consistent with that schedule.

10. Indemnity. Contractor shall protect, defend (with counsel acceptable to City), indemnify, and hold harmless CITY, its Council, boards, commissions, officers, employees and agents, from and against any and all claims, suits, actions, liability, loss, damage, expense, cost (including, without limitation, costs and fees of litigation including attorneys fees) of every nature, kind or description, which may be brought against, or suffered or sustained by, the CITY, its Councils, boards, commissions, officers, employees or agents caused by, or alleged to have been

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Packet Pg. 165 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) caused by, the negligence, intentional tortuous act or omission, or willful misconduct of CONTRACTOR, its officers, employees, subcontractors, or agents in the performance of any services or work pursuant to this Agreement or resulting from any breach by CONTRACTOR of its obligations under this Agreement.

This duty of CONTRACTOR to indemnify and hold harmless, includes the duty to defend as set forth in Section 2778 of the California Civil Code; provided, however, that nothing herein contained shall be construed to require CONTRACTOR to indemnify the CITY, its Councils, boards, commissions, officers, employees and agents against any responsibility or liability in contravention of Section 2782 of the California Civil Code.

11. Insurance. CONTRACTOR shall acquire and maintain Workers’ Compensation, employer’s liability, commercial general liability, owned and non-owned and hired automobile liability insurance coverage relating to Contractor’s services to be performed hereunder covering the CITY’s risks in form approved by CITY’s Attorney. The minimum amounts of coverage corresponding to the aforesaid categories of insurance per insurable event shall be as follows:

Insurance Category Minimum Limits
Workers’ Compensation statutory minimum
Employer’s Liability $1,000,000 per accident for bodily injury or disease
Commercial General Liability $1,000,000 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and
property damage
Automobile Liability $1,000,000 per accident for bodily injury and property damage (coverage required to the
extent applicable to Contractor’s vehicle usage
in performing services hereunder)
Insurance is to be placed with insurers with a current A. M. Best’s rating of no less than A: VII, unless otherwise acceptable to the CITY.

Concurrently with the execution of this Agreement, CONTRACTOR shall furnish the CITY with certificates and copies of information or declaration pages of the insurance required hereunder and, with respect to evidence of commercial general liability and automobile liability insurance coverage, original endorsements:
(a) Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after the CITY shall have received written notification of cancellation or reduction in coverage by first class mail;
(b) Providing that CONTRACTOR’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability (cross liability endorsement);

8.a
Packet Pg. 166 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) (c) Providing that the insurer agrees to waive all rights of subrogation against the CITY, its elected or appointed officers, officials, agents and employees for losses paid under the terms of any policy which arise from work performed by the CONTRACTOR for CITY. This provision also applies to the CONTRACTOR’S Workers’ Compensation policy.
(d) Naming the CITY, its Councils, officers, boards, commissions, employees, and agents, as additional insureds; and
(e) Providing that CONTRACTOR’s insurance coverage shall be primary insurance with respect the CITY its Councils, officers, boards, commissions, employees, and agents, and any insurance or self-insurance maintained by each city for itself, its Councils, officers, boards, commissions, employees, or agents shall be in excess of Contractor’s insurance and not contributory with it.

13. WORKERS’ COMPENSATION. CONTRACTOR certifies that he/she is aware of the provisions of the Labor Code of the State of California which 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 certifies that he will comply with such provisions before commencing the performance of the work of this agreement.

14. NON-DISCRIMINATION. The CONTRACTOR shall comply with all applicable federal, state, and local laws, rules and regulations in regard to nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, or physical handicap.

15. NOTICE. All notices required by this Agreement shall be given to the CITY and CONTRACTOR in writing, by first class mail, postage prepaid, addressed as follows:

CITY OF PACIFICA
Attention: Roland Yip, P.E.

Deputy Director of Public Works/City Engineer
City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044

CONTRACTOR
Name: ____________________
Title: ____________________
Company: Davey Tree Expert Company

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Packet Pg. 167 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) Address: ____________________
____________________

16. Non-Assignment. This Agreement is not assignable either in whole or in part.

17. Merger and Modification. This writing is intended both as the final expression of the agreement between the parties hereto with respect to the included terms of the agreement, pursuant to California Code of Civil Procedure Section 1856 and as a complete and exclusive statement of the terms of the agreement. No modification to this agreement shall be effective unless and until such modification is evidenced by a writing signed by both parties.

18. Severability. Each provision of this agreement is intended to be severable. If any term of any provision shall be determined by a court of competent jurisdiction to be illegal or invalid for any reason whatsoever; such provision shall be severed from this agreement and shall not affect the validity of the remainder of the agreement.

19. Governing Law. This Agreement shall be governed by the laws of the State of California and any suit or action initiated by either party shall be brought in the County of San Mateo, California. In the event of litigation between the parties hereto to enforce any provision of the Agreement, the unsuccessful patty will pay the reasonable attorney’s fees and expenses of litigation of the successful party.

20. Mediation. Should any dispute arise out of this Agreement, the parties shall meet in mediation and attempt to reach a resolution with the assistance of a mutually acceptable mediator. Neither party shall be permitted to file legal action without first meeting in mediation and making a good faith attempt to reach a mediated resolution. The costs of the mediator, if any, shall be paid equally by the parties. If a mediated settlement is reached neither patty shall be deemed the prevailing party for purposes of the settlement and each patty shall bear its own legal costs.

21. Conflict of Interest. CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct, or indirect, which would conflict in any manner or degree with the performance of its service hereunder. CONTRACTOR further covenants that in the performance of this contract no person having any such interest shall be employed.

22. Entire Agreement. This Agreement, including REQUEST FOR PROPOSAL, TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE SERVICES dated December 13, 2024 comprises the entire Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf

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Packet Pg. 168 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) ________________ Date: ________ ______________ Date: ________ Kevin Woodhouse Contractor: Davey Tree Expert Company
City Manager
Attest by:
________________ Date: __________
Sarah Coffey
City Clerk
Approved as to form:
________________ Date: __________
Michelle M. Kenyon
City Attorney

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Packet Pg. 169 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance)

GENERAL SOLICITATION

TREE MAINTENANCE AND EMERGENCY TREE MAINTENANCE

SERVICES
The City of Pacifica
170 Santa Maria Avenue
Pacifica, CA 94044
RELEASE DATE: December 13, 2024
DEADLINE FOR QUESTIONS: January 10, 2025
RESPONSE DEADLINE: January 23, 2025, 2:00 pm
RESPONSES MUST BE SUBMITTED ELECTRONICALLY TO:
https://secure.procurenow.com/portal/cityofpacifica

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Packet Pg. 170 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) The City of Pacifica

GENERAL SOLICITATION
Tree Maintenance and Emergency Tree Maintenance Services I. Introduction..........................................................................................

II. Proposal Requirements ........................................................................

III. Submittal Requirements.......................................................................

IV. Evaluation Criteria ................................................................................

V. Scope of Work ......................................................................................

VI. Vendor Questionnaire...........................................................................

VII. Review, Selection & Execution of Agreement.......................................

VIII. General Requirements..........................................................................

IX. Compensation.......................................................................................

X. Pricing Proposal ....................................................................................

Attachments:

A - COST PROPOSAL SCHEDULE B

B - CONTRACTORS QUALIFICATIONS AND REFERENCES

C - CONTRACTOR CERTIFICATIONS
D - D AGREEMENT_FOR_TREE_MAINTENANCE

E - ADDENDA
F - Map 1 of 4-tree main.map
G - Map 2 of 4 tree main
H - Map 3 of 4 tree main
I - Map 4 of 4 tree main
J - Tree data sheet 2019

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Packet Pg. 171 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 3 1. Introduction

1.1. Summary
The CITY OF PACIFICA ("City") is requesting proposals intends to seek and obtain professional to provide tree maintenance service and emergency tree maintenance service to various areas of the city. The selection will be based on overall price, services, performance and reliability of the proposers. The City's needs are outlined in the following Request for Proposal ("RFP").

Selected Contractor will be invited to enter into an agreement with the CITY OF PACIFICA based on their response to this Request for Proposal. The CITY OF PACIFICA has created the cost proposal provided in Section 3 of this Request for Proposal.

1.2. Background
The City of Pacifica has approximately 650 street trees and 1000 trees within city owned properties. The work shall include, but not be limited to the pruning, cutting and complete removal of any of the tree, including stump grinding.

1.3. Contact Information
Project Contact:

Michael Pham
DPW Superintendent
155 Milagra Dr
Pacifica, CA 94044
Email: [email protected]
Phone: (650) 738-3760
Procurement Contact:

Roland Yip
Deputy Director/City Engineer
151 Milagra Drive
Pacifica, CA 94044
Email: [email protected]
Phone: (650) 738-3767
Department:

Public Works
Department Head:

John Mullins
Interim Director

1.4. Timeline
This request for proposal will be governed by the following tentative schedule. All dates are subject to change at the discretion of the City.

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Packet Pg. 172 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 4 Release Project Date December 13, 2024
Pre-Proposal Meeting (Non-Mandatory) January 8, 2025, 10:00am No Meeting Required
Question Submission Deadline January 10, 2025, 5:00pm
Question Response Deadline January 15, 2025, 5:00pm
Proposal Submission Deadline January 23, 2025, 2:00pm
City of Pacifica procurenow bid site. (eProcurement
Portal)

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Packet Pg. 173 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 5 2. Proposal Requirements
Proposals will only be considered from Companies that meet the following prerequisites:

2.1. OpenGov Registration
Proposers must create a password protected account via the City's eProcurement Portal and register.

Once registered, Companies must download this solicitation in order to appear on the Bidder’s List as a “Prospective Bidder.” Companies that fail to specifically download this solicitation will not appear on the Bidders’ List and will be unable to participate or be considered for this RFP.

2.2. Pre-Proposal Meeting
There is no pre-proposal meeting for this project.

2.3. Proposal Response
In developing a response to this request for proposals, proposers should be concise, limiting their response to the specific questions and requirements set forth herein. The proposal shall be limited to 12 pages using a minimum 11-point font size (excluding a maximum two-page cover letter and requested transaction lists).

An RFP Response to this RFP must include the following sections in the order listed, and reflect the recommended page count per section:

2.4. Transmittal Letter
The Proposal must include a Transmittal Letter signed by a person within the firm who is authorized to bind the firm, preferably a Lead Consultant. RFP Responses with unsigned Transmittal Letters will be rejected. The Transmittal Letter must include a representation by the Proposer that, except as disclosed in the Proposal, no officer or employee of the Proposer is directly or indirectly a party to or in any other manner interested financially or otherwise in this RFP.

2.5. Executive Summary and Understanding of Required Services An overview of the proposal (including the firm’s relevant experience), a summary of the Proposer’s understanding about the requested scope of services, and its approach to providing those services.

2.6. Description of Proposer

1.A brief description of your firm’s background, size, office locations in California, and history as it may be relevant to the services required.

2.If your offices are in more than one city, indicate which office will provide the services.

3.Describe your experience providing services for other public agencies and authorities, with an emphasis on California jurisdictions and agencies and federal authorities, any related projects, and studies.

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Packet Pg. 174 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 6 2.7. Proposer’s Team

1.List all the professional staff you intend to assign to the engagement and the area(s) of specialization for each person. Describe the role of each person who will be assigned to the engagement.

2. Identify the Lead Personnel who will be the primary contact in providing services to the City, and who will be listed as a “key person” in any Agreement with the City.

3. In an appendix, include professional biographies for all professionals who will be assigned to provide services in your proposal.

2.8. Exceptions to the RFP
Exceptions to the RFP
If the Proposer takes exception to any portion of the RFP, the specific portion of the RFP to which exception is taken shall be identified and the reason(s) for the exception explained.

2.9. Project Cost, Fees and Charges
The Proposal must include a project total cost expressed as a not to exceed amount of charges to the City. The Proposal also must state an hourly fee structure for the services contemplated and pricing for each of the major tasks outlined under the “Anticipated Scope of Work” section of this RFP. Provide the hourly rates to be billed for work performed and describe how customary reimbursable expenses will be charged, including attendance at meetings in the City.

2.10. Project Timeline and Initial Draft Results
Project Timeline and Initial Draft Results
The Proposal must include a project timeline of key milestones of the work to be performed and the completed. The proposal should also include information on when preliminary draft results would be available for review by the City Staff prior to completion of the full report.

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Packet Pg. 175 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 7 3. Submittal Requirements

3.1. Authorization
Authorization
The Proposal shall be signed by an individual or individuals authorized to execute legal documents on behalf of the Proposer.

3.2. Delivery
The Proposal must be received no later than the time and date specified on the cover page. Only electronic submissions will be accepted using the City’s Open Gov Procurement (formerly known as Procure Now) portal.

Proposers shall create a FREE account with Open Gov Procurement by signing up at https://secure.procurenow.com/signup . Once you have completed account registration, browse to the RFP page, click on "Draft Response", and follow the instructions to submit the electronic response to the RFP.

3.3. RFP QUESTIONS & ANSWERS
Questions related to this RFP should be submitted to the City via the “Question & Answer” section of this RFP on the Open Gov Procurement portal by the date shown on the RFP announcement. The City will provide a reply to each question on the Open Gov Procurement portal within 3 days of the Question Submittal deadline.

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Packet Pg. 176 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 8 4. Evaluation Criteria
The City reserves the right to amend, withdraw, and cancel this RFP. The City also reserves the right to reject all responses to this RFP at any time prior to agreement execution. Furthermore, the City reserves the right to request additional information about any and all Proposals, that in City’s opinion, is necessary to assure that the Company’s competence, number of qualified employees, business organization, experience, and financial resources are adequate to perform the Services.

All Proposals shall be reviewed to verify that the Company has met the minimum requirements as stated in this RFP. Proposals that have not followed the rules, do not meet minimum content and quality standards, and/or do not provide references will be rejected as non-responsive.

The City expects to evaluate the proposals based on evaluation criteria including the following, which are not necessarily listed in order of importance:

No. Evaluation Criteria Scoring Method Weight (Points)

1. Quality
Quality of proposal and responses to specific
questions included in RFP
Points Based 15
(15% of Total)

2. Experience
Experience of the Proposer conducting similar
work in California.

Points Based 15
(15% of Total)

3. Qualifications
Relevant qualifications of key personnel
assigned to this project.

Points Based 15
(15% of Total)

4. Accessibility
Accessibility of key personnel to the City’s staff
during the project.

Points Based 15
(15% of Total)

5. Understanding
Understanding of the City’s objectives.

Points Based 15
(15% of Total)

6. Pricing
Reasonableness of fees and cost proposal.

Reward Low Cost 25
(25% of Total)

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Packet Pg. 177 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 9 5. Scope of Work

5.1. Scope of Work for Tree Services
The City reserves the right to reject any and all bids, or any part of any bid.

The scope of work to be done consists of furnishing all materials, tools, labor and incidentals as required by the Contract Documents, General Requirements, and Specific Requirements for the above stated project. The contractor will perform the maintenance work described as well as provide emergency tree work services when needed as indicated in Cost Proposal Schedule “A” and “B”. The Contractor will provide an itemized bid showing the maintenance cost for each group of trees described. The city will have the right to proceed with all or part of the work described.

Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing tree maintenance services of the type specified herein.

Unless otherwise specified, the Contractor shall furnish all labor, materials, tools, equipment, and incidentals and do all the work involved in executing the contract.

5.2. Work Level Expectations
All tree service work shall be performed in accordance with ANSI A300 Tree Care Standards, and ANSI Z133 safety standard (hereafter referred to as ANSI), and must be consistent with the International Society of Arboriculture Best Management Practices (hereafter referred to as BMPs). ANSI and BMP documents are available from the ISA store at isa-arbor.com.

Pruning shall be completed in all parts of the tree, unless less work is specified. Work locations include all branches and branch ends. Many trees or parts of trees are not accessible with an aerial lift and require skilled climbing and rigging to complete specified pruning.

Work-site inspection by the contractor shall identify tree and site conditions that affect the scope of work. The contractor must establish a safe work-site, proper traffic and pedestrian controls, and protection of adjacent property from damage while meeting pruning objectives. “Lion-tailing”, the removal of lower and internal live branches, is prohibited. “Thinning”, the removal of external branches to create openings in the outer canopy, is prohibited.

Dead, weak and broken branches over 1 inch diameter shall be removed.

Minimum clearance for the roadway is fourteen (14) feet, and for the walkway is seven (7) feet.

City of Pacifica pruning objectives vary by tree species and location. The following descriptions are general objectives that are consistent with past pruning practices. Tree-specific objectives may vary, per tree inventory data.

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Packet Pg. 178 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 10 Crown Reduction
“Crown reduction” will reduce the overall height and spread of a tree by up to 20 percent, and result in a round crown with a natural pruning system. All reduction cuts should be made to appropriate lateral branches. Interior watersprouts are to be removed.

Street trees beneath high voltage utility lines are to be pruned to the level of the pole-to-pole communications lines, or 10 feet below the high voltage lines, whichever is lower, and result in a round crown with a natural pruning system. All reduction cuts should be made to appropriate lateral branches.

Interior watersprouts are to be removed.

Monterey Cypress (Hesperocyparis macrocarpa)
Open grown, full height trees shall have branches and leaders reduced to inner branches that can assume the role of a leader. Structural issues where there is a high likelihood of failure shall be addressed through branch removal, pruning, and/or cabling. Crown density shall be maintained, and overall crown form shall be balanced and uniform, where possible. Large leaders (over 10 inches in diameter) shall not be removed without the approval of a City-designated arborist or employee.

Trees beneath high voltage power lines have been directionally pruned and/or topped. These trees are designated for crown reduction (hedge), and will require reduction of leaders back to the desired height.

Crown density shall be maintained, and overall form of the hedge shall be maintained rather than the individual form of any given tree.

Blue Gum Eucalyptus (Eucalyptus globulus)
Branches and leaders that are over-extended and/or end-heavy shall be reduced to inner branches that can assume the role of a leader, or be removed entirely. Pruning should primarily reduce the likelihood of failure for individual branches.

Palms
Only remove dead fronds, except where live fronds affect clearances. Fronds should be removed close to the attachment without damaging the trunk, living tissue or the pineapple.

5.3. Emergency Numbers and Callout Procedures
A. The Contractor shall have the capability to receive and to respond within three (3) hours of an emergency nature at all times. Calls of an emergency nature received by the City shall be referred to the Contractor for immediate disposition regardless of the time of day. In the event that emergency work is required, the Contractor shall notify the Park Superintendent, or his representative, by telephone in advance before any emergency work is commenced. Nonemergency maintenance work requires written approval before the work is performed.

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Packet Pg. 179 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 11 B. The Contractor shall supply the City with name(s) and phone number(s) of responsible person(s) representing the Contractor for twenty- four (24)-hour emergency response, seven (7) days per week. The Contractor shall be available via voice mail, pager, or answering service for emergency response. The above-mentioned information shall remain current at all times. Any changes shall be forwarded to the City in writing within twelve (12) hours of any such change.

Failure to maintain current emergency information shall result in a Two Hundred Dollars ($200) penalty for each occurrence. Failure to respond back to City Representative within thirty- (30) minutes of an emergency call shall result in a Two Hundred Fifty Dollars ($250) fine, per occurrence. Failure to have a crew on site within three (3) hours of an emergency call will result in a Two Hundred Fifty Dollars ($250) fine per occurrence.

Emergency response defined:

The Contractor is required to respond within three (3) hours of an emergency notification by any of the following:

1) Police Dispatcher
2) Park Superintendent
3) Field Service
4) Director of Public Works
5) Prior agreement
6) Public health/safety matters
Public health/safety matters include, but are not limited to, broken limbs, leaning trees, fallen trees, threat to public or private property/ies resulting from the responsible Contractor's operations, etc.

5.4. Non-Emergency Callouts
Time and materials shall be charged for payment on a separate purchase order and pre-approved by City.

5.5. Supervision and Skills
The contractor will provide a Supervisor to be at the job site at all times. This Supervisor must have at least five (5) years experience in tree maintenance and removal. The Supervisor must be capable of communicating effectively both in written and spoken English and have a background that includes experience in projects of the type found in the City of Pacifica. The Contractor shall outfit all supervisors and acting supervisors with a portable personal communication device capable of transmitting and receiving phone calls from any location.

5.6. License and Permits
The Contractor shall have and maintain a valid D-49 Contractor's license.

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Packet Pg. 180 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 12 All employees of the contractor must maintain all licenses and certification required for the work they are performing. OSHA 1910.269 training requirements apply to every tree trimmer if:
• Any part of the tree trimmer comes within 10 feet of any conductor, • Any part of the tree being worked on is within 10 feet of any conductor, • Any part of the tree being trimmed or removed will pass within 10 feet of any conductor during work operation,
• Any tool or tool part will pass within 10 feet of the conductor, or • Any aerial device or crane will pass within 10 feet of the conductor.

If any one or more of the above conditions are present on any job the Contractor must be able to supply the City of Pacifica with written proof that the employees working at the site have received the required training and hold any necessary certifications. The City of Pacifica reserves the right to request documentation of training from any of the Contractors employees when the work being performed by that employee would require such training.

Contractor shall purchase a City of Pacifica Business License from the Finance Department, located at 170 Santa Maria Avenue, Pacifica.

5.7. Safety
Contractor shall be responsible for providing a safe work place, and compliance with standards and regulations of the California Occupational Safety and Health Act (CalOSHA), Federal Occupational Safety and Health Act (OSHA), California Division of Industrial Safety Orders (CDIS), State of California Manual of Traffic Controls, California Department of Food and Agriculture (CDFA) Laws and Regulations, and any other applicable governmental law or City risk management standards. Non-Compliance with previously mentioned standards and regulations will result in a deficiency or performance deduction or the cancellation of this agreement.

5.8. Jobsite Cleanup
The Contractor is responsible for the cleanup, removal and disposal of all debris created in the scope of performing work. If a job site must be left unattended the contractor is responsible for securing the site in a safe manner. The contractor must supply all cones, signs, barricades, caution tape, etc. necessary for this purpose. No debris can be left behind on City or private property upon completion of the job.

The debris will be removed from the job site and properly disposed at Contractor’s expense or recycled.

All resulting debris will be removed from the job site daily and properly disposed of at the end of each workday. All job sites must be clean when work is completed, including the raking of leaves, twigs, etc. from the lawn and parkway and the sweeping of streets.

5.9. Homeowner Notifications
Prior to commencement of any work, The Contractor will prepare a sample door hanger notice and present it to City staff for approval. Upon approval, the contractor will have the door hangers printed and post them within twenty-four (24) hours prior to the commencement of work, or as directed by the City. The Contractor is responsible for making arrangements with individual homeowners to have

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Packet Pg. 181 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 13 vehicles moved out of the work area. If a homeowner objects to the work in any way, the matter is to be immediately referred to a City representative. Work will not continue at the site until the matter is resolved to the satisfaction of the City representative.

5.10. Protection of Existing Facilities and Structures
The Contractor shall exercise due care in protecting from damage all existing facilities, structures, and utilities both above surface and underground. Any damage to property deemed to be caused by the Contractor's neglect shall be corrected or paid for by the Contractor at no cost to the City.

If the City requests or directs the Contractor to perform work in a given area, it will be the Contractor's responsibility to verify and locate any underground systems, (i.e., utility lines). The Contractor will be responsible for providing the correct site markings and informing Underground Service Alert (USA) of the location of work for the purpose of identifying any and all utility lines a minimum of seventy two hours in advance.

This does not release the Contractor of the responsibility for taking reasonable precaution when working in these areas. Any damage or conflicts shall be immediately reported to the City.

5.11. Stump Grinding
Stump grinding will be done in accordance with procedures outlined in the above section titled Protection of Existing Facilities and Structures.

5.12. Traffic Control
Proper signage and coning techniques shall be demonstrated for the general public safety in and around the work area. The Contractor shall provide adequate traffic control measures in cooperation with local authorities and shall make his own arrangements relative to keeping the working area clear of vehicles.

The Contractor shall obtain an encroachment permit, if required, for any partial or complete lane closure. When entering or leaving roadways carrying public traffic, the Contractor's equipment, whether empty or loaded, shall in all cases yield to public traffic. The Contractor shall make every effort to keep commercial driveways open during working hours. After working hours, all driveways shall be accessible with smooth and safe crossings through the work area (State of California Traffic Manual). Lighted sign or arrow board will be required as needed.

5.13. Dress Code and Appearance
All Contractors’ personnel shall be required to wear uniforms bearing company name while on the job.

Sufficient uniform changes shall be provided to present a neat and clean appearance of personnel at all times. Uniform shall consist of a shirt and jacket with company name. Failure to comply shall result in a deduction of $100 per occurrence per day.

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Packet Pg. 182 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 14 5.14. Hold Harmless Clause
All officers, agents, employees, subcontractors, their agents, officers, and employees who are hired by or engaged by the Contractor in the performance of this Agreement shall be deemed officers, agents, employees, and subcontractors of the Contractor and the City shall not be liable or responsible to them for anything whatsoever other than the liability to the Contractor as set forth in this Agreement.

The Contractor shall defend and hold harmless the City and its officers, employees or agents from all claims, lawsuits, causes of action, damages, penalties, attorney's indemnify fees, consultant's and expert's fees and costs arising directly or indirectly as a result of the Contractor's performance or nonperformance of the project, regardless whether any act or omission complained of is authorized, allowed, or prohibited by the Specifications in the Contract, except to the extent such damages or penalties arise out of or are caused by the intentional act or omission of the City, or its officers, employees or agents. Upon demand of the City, made by and through the City Attorney, the Contractor shall appear in and defend the City and its officers, employees, and agents in any legal action, whether judicial, administrative or otherwise arising out of the performance or nonperformance of the project.

5.15. Special Request
When required by City Representative to perform extra work, an estimate of cost will be submitted by the Contractor for approval prior to work being done. The Contractor shall maintain records sufficient to distinguish the direct cost of other operations. He shall furnish reports of extra work on forms furnished by the Contractor, itemizing all costs for labor, materials, and equipment rental. The report shall include hours worked. The following procedure will govern such extra work:

A. Work will be executed under the direction of the City on a time-and materials basis or an agreed lump sum price depending on the nature of the work.

B. City will issue a work request for such extra work to be performed.

C. Extra work will not be initiated without written authorization, except in emergency call-out situations.

D. The City of Pacifica reserves the right to either do the work using City staff or seek multiple bids with regards to non-emergency work.

5.16. Project Inspections
Upon request, the Contractor or his representative will walk the project with the City representative for the purpose of determining compliance with the Specifications or to discuss required work. Contractor representative must be authorized to sign documents and effect changes to the job.

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Packet Pg. 183 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 15 5.17. City's Right To Do Work
The City reserves the right to do work as required within the contract area. If such alterations affect the provision of this Agreement, the Contractor will be asked to submit a cost as a result of the alterations.

5.18. Cooperation and Collateral Work
A. The Contractor shall recognize that during the course of the contract other activities and operations may be conducted by the City and other contractors.

B. The Contractor may be required to modify or curtail certain operations and shall promptly comply with any request by the City Representative to cooperate.

C. It is possible that the extent of these requests may cause additional expense to the Contractor.

Payment for any additional expense will be made in accordance with Section 5:15: Special Request.

5.19. Nonperformance
A. If the City Representative does not approve of the performance of the Contractor, a formal written report will be required from the Contractor. Based upon the formal written report and such other facts the Director/representative may gather, it may be determined that the Contractor has not performed the work satisfactorily under the provision of this contract, and the Contractor may be charged with liquidated damages for non-satisfactory work or noncompliance per Section 5.

B. In case of termination by the City for nonperformance, the City may contract or cause to be done any work not completed at the time of the termination, and the Contractor shall pay for such work.

C. If a noncredit status is imposed due to the Contractor's non-performance and/or noncompliance to the Specifications and requirements and provisions contained herein or any other work applicable under this contract, it is agreed that the City withhold payment or partial payment of any and all invoices submitted by the Contractor for such period. This provision shall have no effect on any other rights the City may have under this contract, including liquidated damages.

5.20. Notice Requirements
Notice shall be deemed to have been given by either party by posting of a registered letter or the sending of a telegram to the business address of the other party.

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Packet Pg. 184 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 16 5.21. Contract Neglect
Any damage to property, which has been determined to be due to the Contractor’s neglect, shall be corrected at no additional cost to the City.

5.22. Scheduling of Operations
When possible, work should be scheduled to take place between 7:00 a.m. to 4:30 p.m., Monday through Friday.

5.23. Equal Opportunity Clause
Contractor shall not discriminate in his recruiting, hiring, promotion, demotion or termination practices on the basis of race, religious creed, color, national origin, ancestry, sex, age or physical handicap in the performance of this Agreement and shall comply with the provisions of the State Fair Employment Practices Act as set forth in part 4.5 of the Division 2 of the California Labor Code; the Federal Civil Rights Act of 1964, as set forth in Public Law 88-352, and all amendments thereto; Executive Order No. 11246; and all administrative rules and regulations issued pursuant to such acts and order.

5.24. Prevailing Wages
Bidder must agree to abide by the requirements under Section 1773 of the Labor Code of the State of California for prevailing wages. Contractor must submit a certified payroll with each invoice.

5.25. Unauthorized Aliens
Contractor hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationally Act (8 U.S.C.A. 1101, et seq.), as amended; and, in connection therewith, shall not employ unauthorized aliens as defined therein. Should Contractor so employ such unauthorized aliens for the performance of work and/or services covered by this contract, and should the Federal Government impose sanctions against the CITY for such use of unauthorized aliens, Contractor hereby agrees to, and shall, reimburse City for the costs, including attorney's fees, incurred by the City in connection therewith.

5.26. Background Checks
The contractor must arrange for criminal background checks of all personnel assigned to perform work or supervision in conjunction with this contract, to include fingerprinting. The contractor shall review the results of these security checks and persons employed by the contractor who are found unsatisfactory shall not perform work on this contract. This shall include any subcontractors.

5.27. Dismissal of Unsatisfactory Employees
Contractor shall only furnish workers who are competent and skilled for work under this contract. If, in the opinion of the City Representative, an employee of the Contractor is incompetent or disorderly, refuses to perform in accordance with the contract specifications, threatens or uses abusive language while on City property, or is otherwise unsatisfactory, that employee shall be removed from all work

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Packet Pg. 185 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 17 under this contract. Contractor shall meet with the City Representative to consider the appropriate course of action with respect to such matters, and Contractor shall take reasonable measures under the circumstances to assure the Supervisor and City staff that the conduct and action of Contractor's employees will not be detrimental to the interest of the City of Pacifica or its facilities. In addition the Contractor will exercise a zero tolerance policy for drug and alcohol use consistent with the City’s policy on the Drug Free Workplace (Administrative Policy No. 46) while its employees are on duty.

5.28. 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 purpose on the job or related to the job shall be equipped with a muffler of a type recommended by the manufacturer of such equipment. No internal combustion engine shall be operated on the project without said muffler.

Full compensation for conforming to the requirements of this section shall be considered as included in the prices paid for the various contract items of work involved and no additional compensation will be allowed therefore.

5.29. Construction Maintenance Equipment Vehicles
The Contractor shall take all necessary precautions for safe operation of his equipment and the protection of the public from injury and damage from such equipment. All equipment deemed by City Representative to be unsafe, in disrepair, or unsatisfactory shall be repaired or replaced immediately. All vehicles shall have the Contractor’s name clearly visible.

5.30. Commencement Date
The Contractor shall begin work within fifteen (15) working days from the date the City sends written Notice To Proceed.

5.31. Award of Contract
A. Proposal price alone will not be the sole determining factor in the selection of the contractor for this work. The City will consider the proposed costs for all proposal items identified herein together with the contractor qualifications and references to form the basis for its selection decision.

B. The City of Pacifica reserves the right to delete any of the Tasks, portion of any Tasks and/or all of the Tasks listed in Schedule A.

C. All cost proposal schedules must be filled out legibly and submitted.

D. Proposals shall be valid for 180 days from RFP due date.

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Packet Pg. 186 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 18 5.32. Term of Contract
Initial contract period shall be for four (4) years, renewable annually thereafter for three (3) consecutive one-year periods, at the City’s option, and upon mutually agreeable terms. Contract shall begin no later than 15 days from the awarded contractor’s receipt of annual contract.

5.33. Contract Price
Contract prices shall be fixed for the life of the contract.

5.34. Additions/Deletions to City General Maintenance Requirements, Specifications and Locations
The City reserves the right to make additions, deletions, revisions, and/or otherwise modify the General Maintenance Requirements. Any changes in the Specification that causes the Contractor to suffer additional expenses may be negotiated upon written justification. Any and all such changes shall only be made upon written notification in the form of a Change Order which shall clearly state the effective date of the change.

5.35. Administration
A. Periodic Services

1. The Periodic Services / Maintenance Schedule, which is provided in these documents, indicate the time frames when items of work shall be accomplished.

2. The Contractor shall submit revised schedules when actual performance differs substantially from planned performance.

B. Reports and Schedules

1. The report and schedule forms, provided herein, indicate the major items of work and further delineate the time frames for accomplishment.

2. The Contractor shall provide and complete a schedule for each item of work and each area of work.

3. The initial schedule shall be submitted on or by the effective date of the Contract.

Thereafter it shall be submitted on the day agreed upon by the Contractor and the City Representative.

4. Failure to supply the weekly work schedule shall result in the deduction and forfeit of One Hundred Dollars ($100) from payments to the Contractor for every calendar day the reports or schedules are not received.

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Packet Pg. 187 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 19 5. Changes to the schedule shall be received by the City Representative at least twenty-four (24) hours prior to the scheduled time for the work.

6. The Contractor shall adjust his schedule to compensate for all City-observed holidays.

January 1 New Year’s Day
Third Monday in January - Martin Luther King’s Birthday Third Monday in February - President’s Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran’s Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
December 24- Christmas Eve
December 25 - Christmas Day
C. Performance on Schedule

1. The Contractor has been provided the latitude in establishing work schedules and the opportunity and procedure for adjusting those schedules to meet special circumstances.

Therefore all work shall be completed on the day scheduled (as submitted on the schedule).

All schedules shall be pre-approved by City Representative.

2. Failure to complete the work as scheduled or as specified herein will result in the following actions:

3. The sum of Two Hundred Dollars ($200) per day will be deducted from payments to the Contractor for each instance where an item of work is not completed in accordance with the Schedule or Specifications.

4. Deficiencies: an additional amount equal to the costs incurred by completion of the work by an alternate source, whether it is City forces or separate private contractor, even if it exceeds the Contract Unit Price will be deducted.

5. These actions shall not be construed as penalty but as adjustment of payment to the Contractor for only the work actually performed or as the cost to the City for inspection and other related costs from the failure by the Contractor to complete the work according to Schedule.

D. Deficient Performance

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Packet Pg. 188 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 20 1. The Contractor shall be notified verbally or in writing each time performance is unsatisfactory and corrective action is necessary.

2. The Contractor shall complete corrective action within the following time frames subsequent to verbal notification.

3. Public Health and Safety issues (Risk Management) shall be corrected immediately upon notification from City Representative.

4. Failure to comply with conditions, specifications, schedules and directives from City Representative will result in a deficiency deduction of Two Hundred Fifty Dollars ($250) per instance.

5. Failure to perform cleanup jobsite cleanup in an approved, professional manner will result in a deficiency deduction of Two Hundred Dollars ($200) per day.

6. Failure to respond to a page during working hours within thirty (30) minutes will result in a Two Hundred Fifty Dollars ($250) deficiency per occurrence.

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Packet Pg. 189 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 21 6. Vendor Questionnaire
Proposals should be prepared in such a way as to provide a straightforward, concise delineation of capabilities to satisfy the requirements of this RFP. Responses should emphasize the Company’s demonstrated capability to perform work of this type. Emphasis should be concentrated on completeness and clarity of content. Proposals shall adhere to the following format for organization and content. Proposals must be typed and arranged/divided in the following sequence to facilitate evaluation.

6.1. Cover Letter*
The cover letter shall include a brief general statement of intent to perform the services and confirm that all elements of the RFP have been reviewed and understood. The letter shall include a brief summary of Company’s qualifications and Company’s willingness to enter into a contract under the terms and conditions prescribed by this RFP and in the Sample Agreement. The letter must identify a single person for contact during the RFP review process. *Response required

6.2. Proposal*
A. Statement of Understanding and Approach
o This section must demonstrate an understanding of the Services. It should describe the general approach, organization and staffing required for the Services requested. If necessary, preliminary investigations, due diligence, and research shall be discussed in this section.
o This section should include the following:
▪ An implementation plan that describes in detail (i) the methods, including controls by which your firm or entity manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. ▪ Detailed description of efforts your firm or entity will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section. ▪ Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion, including a complete transition plan. Include your plan to deal with fluctuation in service needs and any associated price adjustments.

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Packet Pg. 190 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 22 ▪ Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work.
▪ Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, cost-effective operations or increased performance capabilities. In addition, the City will consider proposals that offer alternative service delivery means and methods for the services desired. ▪ Proposers are also requested to identify any City owned facilities or property which Proposer would propose to use or lease, purchase, or rent from the City in connection with the services to be performed, including information about the terms of any proposed lease, purchase or use of such equipment and facilities, and how this proposed structure affects the overall cost proposal to the City, if applicable.

B. Company Information
o This section shall include contact person information, address and telephone number of the company main office and branch offices. Each Company shall identify itself as to the type of organizational entity (corporation, sole proprietorship, partnership, joint venture, etc.). Any supplemental information that Company believes may be pertinent to the selection process may be provided.
o The proposer should provide an affirmative statement that it is independent of the City as defined by generally accepted auditing standardshe U.S. General Accounting Office's Government Auditing Standards (1994).
o The Proposal shall identify any litigation, mediation, or arbitration, regarding the performance of any services similar to the Services, in which the Company has been involved in the past five (5) years. If the Services require a license or certification, the Proposal shall include any claims or disciplinary action taken against Company or any of Company’s key personnel within the past five years.

C. Company Personnel
o This section shall contain names, contact numbers and description of experience, including licenses and/or certifications, of all key personnel who would be assigned to perform the Services. Members of the Company’s professional team (managers, contact person, etc.) should be identified by name, title, phone number, and description of the portion of work they will be assigned to perform under this Agreement. Also include major subcontractors (if any) and their degree of involvement in this program. If the Company is including any subcontractors, the Company shall identify how long the Company has worked with the subcontractor.

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Packet Pg. 191 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 23 o An affirmative statement should be included that the proposer and all assigned key professional staff are properly licensed to practice in California.

D. Disclosure
o Please disclose any and all past or current business and personal relationships with any current Pacifica elected official, appointed official, City employee, or family member of any current Pacifica elected official, appointed official, or City employee. Any past or current business relationship may not disqualify the firm from consideration.

E. Experience and References
o The Proposal must demonstrate that the Company, or its key personnel, meets the minimum experience requirements with a legally registered business name, that provides services of a similar type and scope as described in the Scope of Services. A Company shall not have filed for bankruptcy under any business name over the past five (5) years. o Company shall provide at least 3 references, within the past 5 years, of clients for whom services have been performed that are comparable in quality and scope to that specified in this RFP. The references shall include client names, addresses, telephone numbers and email addresses of the clients for whom prior work was performed and include an explanation of the services provided along with project start and end dates. *Response required

6.3. Price Proposal*
All proposals submitted shall have a stated dollar bid amount for providing the services outlined in the Scope of Services. The total shall be an all-inclusive maximum price and to contain all direct and indirect costs including all out-of-pocket expenses with a full and complete breakdown of all said costs, and proposed fees including but not limited to hourly rates, reimbursable expenses and/or rates, mileage and/or travel cost, miscellaneous fees, etc., for the first year's audit engagement.

In addition, a statement must be included in this section that if the proposer is charging travel costs, the proposer's charges invoiced to the City for travel, lodging and subsistence shall not exceed the current IRS rates.
*Response required

6.4. Completed Reports *
Please provide two (2) completed reports that your firm has previously developed for cities, counties or local government agencies that are comparable to the project outlined in this RFP. *Response required

6.5. Modifications to Agreement*
The Agreement for the Project will be in substantially similar form to the sample agreement attached , City of Pacifica Professional Services Agreement. If the Proposer desires any modifications to the form of the Agreement, the proposed modifications must be submitted for consideration with the Proposal.

8.a
Packet Pg. 192 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 24 Otherwise, the Proposer will be deemed to have accepted the form of Agreement, as attached, which is subject to minor modifications by City. PLEASE CONFIRM YOUR UNDERSTANDING AND ACCEPTANCE. ☐ Please confirm
*Response required

6.6. Exceptions to the RFP
If the Proposer takes exception to any portion of the RFP, the specific portion of the RFP to which exception is taken shall be identified and the reason(s) for the exception explained.

6.7. Value Added Services
Please describe any value-added services your company offers that may be of use to the City

6.8. Type of Business*
☐ C Corporation
☐ S Corporation
☐ Limited Liability C Corporation
☐ Partnership
☐ Limited Liability Partnership
☐ Sole Proprietor/Individual
☐ Other
*Response required

6.9. Type your Legal Company Name Here*
State your Company's Name Here. This will be verified against the California Secretary of State's Website.
*Response required

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Packet Pg. 193 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 25 7. Review, Selection & Execution of Agreement

7.1. Selection Process
The City will select a proposing firm based upon the responding firms’ qualifications and experience, together with its responses to the requests for information set forth above. It should be noted that none of these factors in and of themselves are determinative, and the City reserves the right to select one or more firms on any basis that are in the best interests of the City. The City may contact firms in response to questions raised in their proposals and the City reserves the right to cancel this solicitation without selecting any firms.

7.2. Interviews of Proposers
After the submittals are evaluated, the City, at its sole discretion, may elect to interview all, some, or none of the proposers. The interview will help to clarify each proposal and the approach and qualifications for the project. Proposers may be asked to submit additional documentation at or after the interview stage.

7.3. Recommendation to City Council
Based upon the interview and evaluation of the proposals, the top-ranked firm will be recommended to the City Council. In addition, the City reserves the right to select a proposal without conducting interviews or abandoning this RFP.

7.4. Final Selection
The final selection of a firm and authority awarding the contract to proceed with these services shall be at the sole discretion of the City Council.

7.5. Execution of Agreement
The selected Proposer will be notified by City staff of intent to recommend that the City Council award the Agreement to Proposer. Within ten days of that notification, the selected Proposer must submit the executed Agreement and submit the required insurance certifications and endorsements to the City.

City may, at any time, reject the Proposal of any selected Proposer that fails to comply with these requirements, and may offer the Agreement to the next highest ranked Proposer.

7.6. LIMITATIONS
This RFP does not commit the City to award a contract, to defray any costs incurred in the preparation of a Proposal pursuant to this RFP, or to procure or contract for work.

8.a
Packet Pg. 194 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 26 All Proposals submitted in response to this RFP become the property of the City and public records, and as such may be subject to public review.

The City reserves the right to cancel, extend or revise, in part or in its entirety, this RFP including but not limited to selection schedule, submittal date, and submittal requirements.

The City reserves the right to waive any minor irregularities or informalities contained within this RFP, and/or reject any or all proposals received because of this request. If the City cancels, extends or revises the RFP, all RFP holders of record will be notified in writing. The City reserves the right to request additional information and/or clarifications from any or all responders to this RFP.

The City reserves the right to award in whole or in part, by item or group of items, by section or geographic area, when such action serves the best interests of the City. The City reserves the right to negotiate with any qualified firm.

The selected firm(s) will be expected to provide sufficient insurance coverage that meets the City’s requirements. If the City is unable to negotiate a satisfactory agreement with the top-ranked consultant, with terms and conditions the City determines, in its sole judgment, to be fair and reasonable, the City may then commence negotiations with the next most qualified Proposer in sequence, until an agreement is reached, or determination is made to reject all submittals.

The City and Proposer may agree to add additional areas to the contract by mutual agreement later. The City may elect to stop work at any time in the contract and will pay for work completed to that point on a time and material basis.

8.a
Packet Pg. 195 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 27 8. General Requirements

8.1. Payment Penalties and Liquidated Damages
Attention is directed to the following contract provisions relating to payment penalties.

It is mutually agreed that timely and complete performance of all aspects of this contract is of extreme importance to all parties. By entering into a contract for performance of all work called for in these specifications, the Contractor agrees to the following penalties as being appropriate and acceptable, and further agrees that such penalties will be deducted from funds otherwise due and payable to the Contractor.

1. Failure to clean site at the end of the job as required in Paragraph 2.8
Assess $200/day for each
day late

2. Failure to properly dispose of debris as required in Paragraph 2.8
Hauling and disposal cost +
$1,000

3. Callbacks Assess $100 per each call
back

4. Failure to respond within three (3) hours $250

5. Failure to respond to a City representative in thirty (30) minutes
$250

6. Failure to perform work satisfactorily or noncomplianceLump sum cost of the Task

8.2. Hours of Emergency Tree Maintenance
All emergency tree maintenance shall be performed only during the hours of 4:30 PM to 7:00 AM.

Emergency tree maintenance shall not be performed on weekends or on any holidays unless requested and authorized by the City requesting such services.

8.3. Equipment
Contract work shall only be performed with equipment suitable to produce the quality of work identified in Section 503 “Quality of Work.” All equipment shall be subject to the approval of the City prior to use.

All emergency tree maintenance equipment shall have appropriate safety markings consisting of highway lighting, flashing and warning lights, clearance lights, and warning flags, all in accordance with the State Vehicle Code and approved by the City.

8.4. Disposal of Emergency Tree Maintenance Refuse
The Contractor must haul and dump all tree parts and debris from City trees in appropriate disposal areas or dumpsters. Dumpsters will NOT be furnished by the City nor will designate authorized dumping sites be defined. In any case, proper disposal of tree parts and debris is the responsibility of the contractor without any additional compensation.

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Packet Pg. 196 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 28 8.5. Callbacks
Whenever, in the opinion of the City, work was done unsatisfactorily, the Contractor shall, within 24 hours after notification, re-do the work in question and may, at the discretion of the City, forfeit as a penalty of two hundred dollars ($200). No additional payment will be made for callbacks as a result of unsatisfactory emergency tree maintenance service.

8.6. City Rights
The City may:
a. At its own discretion, reject any or all proposals or waive any deficiency in any proposals. b. Consider proposals for a period of up to 180 days following the time of receipt of proposal before deciding which proposal, if any, will be accepted. c. Delete any of the listed Tasks in “Schedule A”.
d. Have emergency services performed by in-house labor forces or by a separate contractor as needed.
e. Use video equipment to create public service spots for community awareness.

8.7. Subcontracting Limitations
The Contractor shall not subcontract any of the tree maintenance services without prior consent of the City.

8.8. Assignment of Contract
The contract shall not be assigned without written consent of the City.

8.9. Company Background
A Contractor must be skilled and regularly engaged in street tree maintenance. The Proposer should fill out Section 6 as well as submit resumes for assigned staff responsible for performance of any services described in this Solicitation. A minimum of three (3) references from other municipal/city/or county governmental agencies for which the firm is currently providing the services described in this Solicitation must be provided. An additional three (3) references for which the firm previously provided the services described in this Solicitation (but no longer contract with) within the last five (5) years must also be provided. All listed references must be a municipal/city/or county governmental agency.

8.10. Negative History
A Contractor must include in its Proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the firm or in which the firm has been judged guilty or liable within the last five (5) years.

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Packet Pg. 197 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 29 If there is no negative history to disclose the firm must affirmatively state in its Proposal there is no negative history to report.

Failure to comply with the terms of this provision may disqualify any proposal. The City reserves the right to reject any proposal based upon the firm's prior documented history with the City or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failures to meet contract milestones or other contractual failures.

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Packet Pg. 198 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 30 9. Compensation

9.1. Payment - Tree Maintenance Services
The Contractor shall provide all work necessary to conduct tree maintenance service. The work shall include pruning, cutting and/or removal including stump removal as defined in this request for proposals.

Compensation for this work shall be made monthly based on the lump sum price listed per Task in Section 10: “Cost Proposal Schedule A.”

9.2. Payment - Emergency Tree Maintenance Services
Emergency Tree Maintenance Work performed during normal business hours shall be compensated based on the hourly rate per task listed in Cost Proposal Schedule B. Emergency Tree Maintenance Work performed outside of normal business hours (4:30 p.m. — 7:00 a.m.), weekends and holidays shall be compensated based on “Cost Proposal Schedule "B”.

A separate itemized invoice, indicating the actual hours spent on-site, shall be prepared for the Emergency Tree Maintenance Work. No additional compensation shall be given for site preparation, traffic control, site cleanup, hauling and travel time to the Emergency Tree Maintenance Work site.

9.3. Progress Payments
Invoices will be required by the City for performed tree maintenance and emergency services during the month. Invoices for all services provided in the previous month should be submitted by the fifth of the month to the contact person designated by the City. Full payments shall be made within thirty (30) days after receipt of invoices.

8.a
Packet Pg. 199 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 31 10. Pricing Proposal
COST PROPOSAL SCHEDULE “A”
Part 1 to 4
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Part 1 - Addresses of trees to be
pruned (Under wires). 1. 1444 Flores
Dr. 2. 1472 Flores Dr. 3. 1496 Flores
Dr. 4. 1147 Rosita Rd.
1 LS
2 Part 2 - Address of trees to be pruned
(Crown reduction safety pruning). 1)
1595 Flores Dr. 2) 1444 Adobe Dr.
1 LS
3 Part 3 – Pollards or Class 2/Medium
Prune (Fairway Park) 1) Burns Court:
812, 820, 828, 836 2) Arleen Way:
720, 727, 732, 735, 743, 768, 776, 3)
Cindy Way: 704, 712, 736 4) Cullen
Dr.: 496 5) Ridgeway Dr.: 510, 520,
530, 550, 570, 590, 6) Lundy Way:
703, 704, 711, 712, 719, 720, 727, 751
1 LS
4 Part 4 – Open Space 1) 1281 Park
Pacifica Ave. – Crown Reduction on
cypress tree in back of house. 2) 220
Bonita Ave – Remove three Cypress
trees on hill next to house.
1 LF
TOTAL
Part 5 - Hazard Tree Removal and Stump Grinding (no stump grinding on open space trees) - (individual pricing)
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 606 Canyon Dr.– Remove leaning
Cypress
1 LS
2 1101 Mirador Terr. – Cypress #1044
(385 Map 4)
1 LS

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Packet Pg. 200 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 32 Line Item Description Quantity Unit of
Measure
Unit Cost Total
3 393 Loma Vista Terr.– Cypress #1193,
#1194 & #1195 (373, 374, 375 Map 5)
1 LS
4 366 Loma Vista Terr. – Cypress #1139
(370 Map 5)
1 LS
5 137 Paloma Ave. – Cypress #1005
(443 Map 4)
1 LS
TOTAL
Part 6 - Remove and Stump Grind (individual pricing)
Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 118 Paloma Ave.– Remove Cypress
(446 Map 4)
1 LS
2 40 Eastlake Ave. – Remove Cypress –
(415 Map 6)
1 LS
3 CCP at Juanita Ave – Remove Pine 1 LS
TOTAL
Part 7

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Packet Pg. 201 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance) General Solicitation
Title: Tree Maintenance and Emergency Tree Maintenance Services 33 Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 Part 7 – Cypress Prune 1. 120 Paloma
Ave – Cypress (445 Map 4) 2. 481
Donaldson Ave. – Trim Cypress (458
Map 22) 3. 220 Minerva Ave. – Trim
Cypress #360 4. 220 Minerva Ave. –
Trim Cypress # 361 5. 212 Minerva
Ave. – Trim Cypress # 369 6. 212
Minerva Ave. – Trim Cypress # 370 –
Trim and install cable 7. 25 Shasta
Lane – Trim Cypress (434 Map 1) 8.
800 Vallejo Terr – Trim Two Cypress 9.
118 Paloma Ave. – Trim Cypress 10.
167 Juanita Ave. – Hedge trim three
cypress trees. 60% reduction on
westward side of trees for balance.

11. 436 Rockaway Beach Ave. – Trim
Cypress
1 LS
TOTAL
Part 8 - Eucalyptus Prune Calera Creek Park (individual pricing) Line Item Description Quantity Unit of
Measure
Unit Cost Total
1 660 Reina Del Mar – Eucalyptus #64 1 LS
2 Minerva to Bonita - 4 Eucalyptus 1 LS
3 Bonita to Juanita – 2 Eucalyptus 1 LS
4 Juanita to Angelita – 9 eucalyptus
(include additional removal of grove
of five smaller eucalyptus trees
between Juanita and Angelita)
1 LS
TOTAL

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Packet Pg. 202 Attachment: DAVEY TREE AGREEMENT FOR TREE MAINTENANCE (5852 : Tree Maintenance services and Emergency Tree Maintenance)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/10/2025
1 SUBJECT:

Award FY 2025-26 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 John Boylan Engineering, Inc. in the amount of $335,119.00; Authorize a budget authority in the amount of $435,654.70, which includes contingencies in an amount not to exceed thirty percent (30%) of the Construction Contract amounts; Authorize staff to Execute Future Change Orders not to exceed the contingency amount; and Authorize the City Manager to sign Contract Documents related to the FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project.”
STAFF CONTACT:

David Harvey, Assistant Civil Engineer
(650) 738-3767
[email protected]
Roland Yip, P.E., DPW Deputy Director
(650) 738-3771
[email protected]
Louis Sun, P.E., Interim DPW Director
(650) 738-4660
[email protected]
BACKGROUND/DISCUSSION:

On August 12, 2024, the City Council approved a Consultant Services Agreement between the City of Pacifica and NCE for Design and Engineering Services related to the FY 2025-26 Pavement Resurfacing Project. The FY 2025-26 Pavement Resurfacing Project will resurface various streets in Pedro Point, Linda Mar and Park Pacifica neighborhoods in Pacifica. As part of the resurfacing project, new ADA curb ramps must be installed within the limits of the project as specified in the City’s ADA Transition Plan and by Federal ADA law.

The FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project will install 23 new ADA-compliant curb ramps, repair sidewalks, curb and gutters and other miscellaneous related work within the limits of the pavement resurfacing work. The project will be funded by Measure W funds.

The Project was advertised on January 17, 2025, and January 24, 2025, in accordance with the formal bid process. Fifty-one (51) companies downloaded plans and specifications, and twenty (20) companies submitted bids with bids ranging from $335,119.00 to $798,800.00. On 9 Packet Pg. 203
Pacifica City Council 2
March 10, 2025
February 11, 2025, the bid opening was held via Zoom by the City Clerk and three lowest bid results are as follows:

Company Bid
John Boylan Engineering, Inc. $ 335,119.00
FJ&L Engineering Inc. $ 349,594.00
Vision Build Construction $ 395,119.00
The apparent low bidder is John Boylan Engineering, Inc. with a bid amount of $335,119.00. All required documentation was submitted with their bid. This is John Boylan Engineering, Inc.'s first project with the City of Pacifica, so staff checked their references, and they were all positive. As there are sufficient project funds approved as part of the FY 2024-2025 Capital Budget, the City Manager recommends the award of contract (Attachment "A") to the apparent low bidder, John Boylan 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: The project will improve the existing pedestrian network by installing ADA-compliant curb ramps and repairing broken sidewalks, curb and gutters.

FISCAL IMPACT:

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

Total Project Source and Use of Funds
Measure W $ 435,654.70
Total Source of Funds $ 435,654.70
FY 2025-26 Sidewalk, Curbs, and ADA Ramps
Improvement Project
$ 335,119.00
30% Contingency $ 100,535.70
Total Use of Funds $ 435,654.70
ORIGINATED BY:

Public Works
ATTACHMENT LIST:

JBE Contract Agreement Signed Pacifica (PDF)
9 Packet Pg. 204
Pacifica City Council 3
March 10, 2025
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE CONSTRUCTION CONTRACT WITH JOHN BOYLAN ENGINEERING, INC. IN THE AMOUNT OF $335,119.00; AUTHORIZE A BUDGET AUTHORITY IN THE AMOUNT OF $435,654.70,

WHICH INCLUDES CONTINGENCIES IN AN AMOUNT NOT TO EXCEED THIRTY PERCENT (30%) OF THE CONSTRUCTION CONTRACT AMOUNTS; AUTHORIZE STAFF TO EXECUTE FUTURE CHANGE ORDERS NOT TO EXCEED THE CONTINGENCY AMOUNT;

AND AUTHORIZE THE CITY MANAGER TO SIGN CONTRACT DOCUMENTS RELATED TO THE FY 2025-26 SIDEWALK, CURBS, AND ADA RAMPS IMPROVEMENT PROJECT WHEREAS, consistent with the City of Pacifica’s Bidding Procedures for Public Projects (Municipal Code Title 3 Chapter 15) the City of Pacifica advertised the Request for Bids FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project on January 17, 2025, and January 24, 2025; and
WHEREAS, the low bidder was John Boylan Engineering, Inc.; NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Pacifica authorizes entering into the construction contract and agreement for the FY 2025-26 Concrete Improvements Project (FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) and authorizes the City Manager to execute all necessary documents. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 10th day of March, 2025, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
________________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 9 Packet Pg. 205

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Packet Pg. 206 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project)

9.a
Packet Pg. 207 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 3 Appendix A to Construction Services Agreement

SCOPE OF WORK
The project includes new sidewalks, ADA curb ramps, curb and gutter, installing hot mix asphalt, and other miscellaneous work described in the Plans and Specifications entitled: FY 2025-26 Concrete Improvements Project.

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Packet Pg. 208 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 4 Appendix B to Construction Services Agreement

GENERAL CONDITIONS
ARTICLE 1 TERMS OF PERFORMANCE

1.01 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.

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

A. 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).

B. 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).

1.03 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.

1.04 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 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.

1.05 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.

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Packet Pg. 209 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 5 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.

1.06 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.

1.07 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 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.

ARTICLE 2 LEGAL

2.01 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.

2.02 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.

2.03 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.

2.04 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

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Packet Pg. 210 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 6 Section 1725.5. Contractor covenants that any additional or substitute Subcontractors will be similarly registered and qualified.

2.05 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 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.

2.06 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.

ARTICLE 3 MISCELLANEOUS

3.01 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.

3.02 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.

3.03 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.

3.04 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.

3.05 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

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Packet Pg. 211 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 7 otherwise, comply with Code of Civil Procedure Sections 2019, et. seq. The Mediator will undertake to resolve any discovery disputes relating to the Mediation.

3.06 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. 212 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 8 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.

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. 213 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 9

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 John Boylan Engineering, Inc. as Principal a Construction Services Agreement, dated the 10th day of March, 2025 (Agreement), titled THE FY 2025-26 Concrete Improvements Project located in the City of Pacifica in the amount of $355,119.00 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

The Project includes new concrete sidewalk, ADA curb ramps, curb and gutter, installing hot mix asphalt and other miscellaneous work described in the Plans and Specifications entitled: FY 25-26 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 ($355,119.00), 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; and suit may be brought against Surety and such other sureties, jointly and severally, or against any one or more of them, or against less than all of them without impairing Owner’s rights against the other.

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Packet Pg. 214 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 10

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. 215 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 11 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 John Boylan Engineering, Inc. as Principal a Construction Services Agreement, dated the 10th day of March, 2025 (Agreement), titled FY 2025-26 Concrete Improvements Project in the amount of $335,119.00 (Contract Sum), which Agreement is by this reference made a part hereof, for the work described as follows:

The Project includes new concrete sidewalk, ADA curb ramps, curb and gutter, installing hot mix asphalt and other miscellaneous work described in the Plans and Specifications entitled: FY 25-26 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 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.

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Packet Pg. 216 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 12

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

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

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

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

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

Signature Signature

Name Name

Title Title

Street Address Street Address
City, State, Zip Code City, State, Zip Code

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Packet Pg. 217 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 13 Appendix F to Construction Services Agreement

SUPPLEMENTAL CONDITIONS

1. Plans
See Plans and Specifications entitled: FY 2025-26 Concrete Improvements Project.

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

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

The final cleaning shall leave the facilities ready for use with no additional cleanup. Use no cleaning materials which will contaminate the ocean. At the completion of the contract, the Contractor shall remove all remaining litter, debris, materials, temporary structures and equipment from the site. The premises shall be left in a clean and orderly condition acceptable to the City Engineer.

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

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

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

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

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

6. Discrimination
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.

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Packet Pg. 218 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 14 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 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.

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Packet Pg. 219 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 15 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. 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. 220 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 16 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 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.

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Packet Pg. 221 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 17 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 onsite where the water will flow onto dirt or into a temporary pit in a dirt area. The Contractor shall let the water percolate into the soil and dispose of the hardened concrete in a trash container. If a suitable dirt area is not available, then the Contractor shall collect the wash water and remove it off-site.

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

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

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

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

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

22. Drug-Free Workplace
The Contractor is required to comply with the Drug-Free Workplace Act of 1988. The requirements of the Drug-Free Workplace Policy are described in City of Pacifica Administrative Policy Number 46.

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Packet Pg. 222 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project) FY 2025-26 CONCRETE IMPROVEMENTS PROJECT JBE AGREEMENT – Page 18

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. 223 Attachment: JBE Contract Agreement Signed Pacifica (5872 : Award FY 2025-26 Sidewalk, Curbs, and ADA Ramps Improvement Project)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
3/10/2025
1 SUBJECT:

Introduction of Ordinance to Revise Section 6-5.103 - Section 6-5.105 Garbage Collections of the Pacifica Municipal Code
RECOMMENDED ACTION:

Introduce by title only and waive further reading of an Ordinance repealing and replacing sections 6-5.103, 6-5.104, and 6-5.105 of Chapter 5, “Garbage, Collection and Recycling” within Title 6, “Sanitation and Health” relating to the size of waste containers and frequency of collection.

STAFF CONTACT:

John Mullins, Public Works
(650) 501- 6523
[email protected]
BACKGROUND/DISCUSSION:

On July 9, 2024, the San Mateo County Civil Grand Jury issued a report titled “Restaurant Exteriors: The Neglected Space” (Attachment A, “Grand Jury Report”) . The Grand Jury Report states that restaurant garbage and food waste is not always contained in designated exterior bins, and may overflow, attracting animals and other undesirable pests. While restaurant interiors are subject to County of San Mateo Health System standards and inspections, restaurant exteriors are subject to a variety of standards and inspection programs due to each jurisdiction having its own regulations for sanitation and safety for exteriors. Generally, inspections are done when complaints are received. The extent of issues varies based on the municipality, day of the week due to garbage collection days, and whether the back of the building is visible to the public.

The Grand Jury Report presents examples of restaurant exterior waste storage areas and areas below parklets in deficient, unsanitary, unsightly, and other conditions. The investigation found the standards for these areas to be inconsistent, and in some cases non-existent, with County and City policies. The Grand Jury Report includes recommendations for a proactive approach to handling garbage and parklet sanitation problems around restaurant exteriors and suggests approaches to preventative maintenance.

Response to Civil Grand Jury Findings:

The City’s response to the Grand Jury Report’s findings and recommendations are set forth in the draft response letter included as (Attachment B).

This recommended action focuses on the City's response to recommendation number 4 (R4) of the Grand Jury Report, which states: By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pick-ups.
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The City’s Response to R4 stated the following:
“Response to R4. This recommendation has yet to be implemented and will be implemented in the future. As mentioned in the City’s response to Finding 4, the Manor Shopping Center is one of the only commercial areas with reoccurring unacceptable restaurant trash conditions. The smaller businesses operating within the Manor Shopping Center have at least one to two trash pickups a week scheduled with Recology. Depending on the merchant or need, some sites have up to four pickups a week.

The City requires every business to subscribe to a garbage collection service, pursuant to Pacifica Municipal Code (PMC) section 6-5.103. The City’s current Garbage Collection ordinance allows for the size, design, and weight of the garbage containers as provided by the franchise agreement between the City and Recology of the Coast, pursuant to PMC section 6-

5.104. All garbage containers must be collected by Recology of the Coast at least once a week pursuant to PMC section 6-5.105. The current ordinance does not allow the City the authorization to regulate the size and quantity of garbage containers or to regulate the frequency of pickups beyond once a week.

Required Action: By June, 30, 2025, the City shall amend PMC section 6-5.104 to allow the City to require sites to increase the number of garbage containers and amend PMC section 6-5.105 to allow the City to require sites to increase the frequency of pickups, identified as insufficient by the City.”
Based on the City’s Response to R4, City staff has prepared the proposed Ordinance amending Sections 6-5.103, 6-5.104 and 6-5.105 of the Pacifica Municipal Code to authorize the City to regulate the size and quantity of garbage containers or to regulate the frequency of pick-ups beyond once a week. The City’s Community Development and Public Works Departments have also collaborated along with EOA, Inc., the City’s contracted C.4 Stormwater Business Inspectors, to the City of Pacifica and San Mateo Countywide Water Pollution Prevention Program’s standards, to improve the overall program. Staff also discussed the revisions in the proposed Ordinance with Recology, which did not have any objections to the changes.

The proposed Ordinance makes the following changes to Title 6- Sanitation and Health, Chapter 5- Garbage Collections and Recycling, Article 1. Garbage Collection. The complete Article 1.

Garbage Collection municipal code with the amendments can be found on (Attachment C).

The proposed Ordinance would add a new subsection (g) in Section 6-5.103 to read as follows:

Sec. 6-5.103. Garbage: Collection services required: Responsibility of owners. ….(g) The City may require a different size or quantity of waste container(s) than the size or quantity assigned to or selected by the owner, as well as a higher frequency of collection beyond the subscribed or regularly scheduled service, if the volume of garbage, rubbish, or waste exceeds the capacity of the provided container(s) or the frequency of collection is inadequate for the garbage, rubbish or waste generated by the owner. The City shall notify the owner and the company in writing if the City determines that a different size or quantity of waste container(s) or a higher frequency of collection is required. 10 Packet Pg. 225
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The proposed Ordinance would add conforming language to Section 6-5.104 and 6-5.105 by referencing the new language in subsection (g) as indicated by the underlined text below.

Sec. 6-5.104. Garbage: Receptacles: Size: Design.

All garbage, refuse, rubbish, and waste matter shall be placed by the person upon whose premises it shall have been produced or accumulated in containers of size, design, and weight as provided in the franchise agreement between the scavenger and the City however, the City may require a different size or quantity of waste container(s) than the size or quantity assigned to or selected by the owner as provided in section 6-5.103(g).

Sec. 6-5.105. Garbage: Receptacles: Delivery to scavengers.

The contents of garbage containers shall be delivered not less than once each week to the scavenger authorized by the City to collect garbage in accordance with the provisions of this chapter and the franchise agreement between the City and the scavenger however, the City may require a higher frequency of collection beyond the subscribed or regularly scheduled service, if the frequency of collection is inadequate for the garbage, rubbish or waste generated by the owner as provided in section 6-5.103(g).

ALTERNATIVE ACTION:

Decline to accept the proposed revisions to Sections 6-5.103, 6-5.104 and 6-5.105 and provide direction to staff on compliance with R4 of the San Mateo County Grand Jury Report on Restaurant Exteriors.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the response is consistent with the following Council-adopted Goal:
• Goal 2: Improve and steward City infrastructure, streets and facilities.

FISCAL IMPACT:

The fiscal impact of accepting this report and implementing the recommendations are minimal and can be addressed within budgeted resources. Any additional costs for services would be passed on to the customer based on the franchise agreement approved fee schedule.

CALIFORNIA ENVIRONMENTAL QUALITY ACT:

The proposed Ordinance is not subject to the provisions of the California Environmental Quality Act (CEQA), pursuant to the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), including without limitation under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment.

ORIGINATED BY:

Public Works
ATTACHMENT LIST:
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Attachment A - Grand Jury Report on Restaurant Exteriors (PDF) Attachment B - Draft Responce to Civil Grand Jury Report (PDF) Attachment C -Redlines to Title 6_ Chapter 5_Article 1-Garbage_Collection - Code changes to sections 6-5.103 - 6-5.105 (DOCX)
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ORDINANCE NO. (ID # 5874)
ORDINANCE NO. ___________

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFICA REPEALING AND REPLACING SECTIONS 6-5.103, 6-5.104 AND 6-5.105 OF CHAPTER 5, “GARBAGE, COLLECTION AND RECYCLING” WITHIN TITLE 6, “SANITATION AND HEALTH”

RELATING TO SIZE OF WASTE CONTAINERS AND FREQUENCY OF COLLECTION WHEREAS, on July 9, 2024, the San Mateo County Civil Grand Jury issued a report titled “Restaurant Exteriors: The Neglected Space” (“Grand Jury Report”), which included, among other things, a recommendation for a proactive approach to handling garbage and parklet sanitation problems around restaurant exteriors and suggests approaches to preventative maintenance; and
WHEREAS, Recommendation Number 4 (“R4”) of the Grand Jury Report, recommends that by June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increased the frequency of pick-ups; and WHEREAS, the City’s response to R4 of the Grand Jury Report indicates that WHEREAS, Grand Jury Report, Recommendation No. 4 provides that the City shall amend PMC section 6-5.104 to allow the City to require sites to increase the number of garbage containers and amend PMC section 6-5.105 to allow the City to require sites to increase the frequency of pickups, identified as insufficient by the City.

NOW, THEREFORE, the City Council of the City of Pacifica does ordain as follows:

Section 1. Recitals. The City Council of the City of Pacifica does hereby find that the above referenced recitals are true and correct and material to the adoption of this Ordinance.

Section 2. Amendment. Sections 6-5.103, “Garbage: Collection services required:
responsibility of owners”, 6-5.104, “Garbage: Receptacles: Size: Design”, and 6-5.105, “Garbage: Receptacles: Delivery to scavengers” within Chapter 5, “Garbage, Collection and Recycling” of Title 6, “Sanitation and Health” shall be repealed and replaced in its entirety to read as follows:
“Sec. 6-5.103. Garbage: Collection services required: Responsibility of owners. (a) The owner of each and every residential unit, and each and every occupied hotel, motel, apartment house, and rooming house, and each and every premises occupied for business, commercial, or industrial use shall subscribe to and pay for refuse collection services as provided in this chapter.
(b) The provisions of this section are not intended to prevent an arrangement of, or the continuance of, an existing agreement under which the subscription to and payment for such refuse collection services are made by a tenant or any agent on behalf of an owner.

However, such arrangement or future arrangements shall not relieve the owner's obligation as provided in this chapter.
(c) The scavenger shall provide with each regular billing information on the more common refuse collection rates, a telephone number for customers to contact the company for 10 Packet Pg. 228
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service and billing information, and notice that refuse collection service is mandatory in the City and requires new residents to make arrangements for such service within fifteen (15) days after occupancy. The scavenger shall also send out a more detailed notice on all refuse collection rates to all City property owners and tenants once each year. (d) It shall be the responsibility of the owner of each parcel of property occupied for residential, commercial, or industrial use to request the scavenger to initiate refuse collection service as provided in this chapter within fifteen (15) days after the occupancy of any premises required to have refuse collection. If an owner shall fail to request the initiation of refuse collection service as provided in this chapter, the scavenger shall initiate and continue refuse collection service for such premises and bill the owner for such service. (e) Owners who are delinquent in their payment for refuse collection services shall be subject to the penalties set forth in the franchise agreement between the scavenger and the City and the collection provisions of Section 6-5.112 of this chapter. (f) The company shall establish a process for receiving and acting upon customer complaints.

The company shall inform customers of the procedure for filing a complaint and shall provide forms for such purpose. The company shall maintain a record of all customer complaints filed, including the name and address of the customer, a description of the complaint, the time the complaint was received, and the action taken in response to the complaint. The records shall be maintained at the company's office and shall be available for inspection by the City during the company's office hours. (g) The City may require a different size or quantity of waste container(s) than the size or quantity assigned to or selected by the owner, as well as a higher frequency of collection beyond the subscribed or regularly scheduled service, if the volume of garbage, rubbish, or waste exceeds the capacity of the provided container(s) or the frequency of collection is inadequate for the garbage, rubbish or waste generated by the owner. The City shall notify the owner and the company in writing if the City determines that a different size or quantity of waste container or a higher frequency of collection is required.

Sec. 6-5.104. Garbage: Receptacles: Size: Design.

All garbage, refuse, rubbish, and waste matter shall be placed by the person upon whose premises it shall have been produced or accumulated in containers of size, design, and weight as provided in the franchise agreement between the scavenger and the City however, the City may require a different size or quantity of waste container than the size or quantity assigned to or selected by the owner as provided in section 6-5.103(g).

Sec. 6-5.105. Garbage: Receptacles: Delivery to scavengers.

The contents of garbage containers shall be delivered not less than once each week to the scavenger authorized by the City to collect garbage in accordance with the provisions of this chapter and the franchise agreement between the City and the scavenger however, the City may require a higher frequency of collection beyond the subscribed or regularly scheduled service, if the frequency of collection is inadequate for the garbage, rubbish or waste generated by the owner as provided in section 6-5.103(g).”
All other sections of Article 1 of Chapter 5, Title 6 of the Pacifica Municipal Code shall remain unchanged.
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Section 3. Compliance with CEQA. The City Council hereby finds that the action to adopt this Ordinance is not subject to the provisions of the California Environmental Quality Act (CEQA), pursuant to the CEQA Guidelines (14 Cal. Code Regs. 15000 et seq.), including without limitation under Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility the adoption of this Ordinance may have a significant effect on the environment.

Section 4. Severability. If any section, subsection, sentence, clause, or phase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentence, clauses or phrases be declared unconstitutional.

Section 5. Publication. The City Clerk is hereby ordered and directed to certify to the passage of this Ordinance by the City Council of the City of Pacifica, California, and cause the same to be published in accordance with State law.

Section 6. Effective Date. This Ordinance shall be in full force and effective thirty (30) days after its adoption and shall be published and posted as required by law.

Section 8. PASSED AND ADOPTED this day of , 2025 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:
____________________________
Sue Beckmeyer, Mayor
ATTEST: APPROVED AS TO FORM:
____________________________ ____________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 10 Packet Pg. 230
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* * * * *
(ID # 5874) at 3/10/2025 6:00 PM City Council Regular Meeting 10 Packet Pg. 231
1 2023-2024 San Mateo County Civil Grand Jury
RESTAURANT EXTERIORS: THE NEGLECTED SPACE
ISSUE
The exterior trash areas of food service businesses are often unsightly and unsanitary. How can this issue be addressed?

SUMMARY
Restaurant garbage and food waste is not always contained in designated exterior bins, and may overflow, attracting animals and other undesirable pests. While restaurant interiors are subject to County of San Mateo Health System standards and inspections, restaurant building exteriors are subject to a variety of standards and inspection programs, because each local jurisdiction has its own regulations for sanitation and safety for exteriors. For restaurant exteriors, responsibility for enforcement of local code and for inspection schedules varies from city to city. Generally, inspections are done when complaints are received. The extent of the issues may vary based on the municipality or district, day of the week (garbage collection day), or whether the building backs are visible to the public.

Grand Jury members conducted interviews with County officials, city officials, and waste handlers and performed their own spot checks (admittedly not scientific). A written survey (Appendix B) was sent to all twenty cities and towns in the County.

The Grand Jury found a significant number of restaurant exterior waste storage areas and areas below parklets had clearly deficient, unsanitary, unsightly and odorous conditions. The investigation found that the “standards” for these areas, i.e., how these conditions were monitored, and how codes and policies were enforced, to be inconsistent at best and non-existent in some instances. A quantification of the waste storage area problem proved difficult as many sites and their condition were dependent on the day of the week and their garbage pick-up days.

This Grand Jury report includes recommendations for a more proactive approach to handling the garbage and parklet sanitation problems around restaurant exteriors in San Mateo County, and suggestions for preventive maintenance.

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Packet Pg. 232 Attachment: Attachment A - Grand Jury Report on Restaurant Exteriors (5874 : Revised Section 6-5.103 - Section 6-5.105 Garbage Collections 2 2023-2024 San Mateo County Civil Grand Jury

BACKGROUND
People spent 20.7% more money at restaurants than on groceries in 2022. That figure rose to

29.5% in the first two months of 2023 according to Commerce Department data.1 This significant increase in use of restaurants and “micro” and “mobile” food services, not surprisingly, resulted in an increase in organic (food stuff) waste, paper, glass and general garbage.

Members of the Civil Grand Jury initiated this review of the health and safety conditions surrounding the immediate areas designated for waste removal after observing an increase in rodents around parklets. Initial walkthroughs behind restaurants determined that the problem related to waste management in general as well as to the parklets. Photos contained in Appendix A depict some of the disturbing findings.

The Grand Jury found a significant number of restaurant exterior waste storage areas and areas below parklets had clearly deficient, unsanitary, unsightly and odorous conditions. The investigation found that the “standards” for these areas, i.e., how these conditions were monitored, and how codes and policies were enforced, to be inconsistent at best and non-existent in some instances. A quantification of the waste storage area problem proved difficult as many sites and their condition were dependent on the day of the week and their garbage pick-up days.

This Grand Jury report includes recommendations for a more proactive approach to handling the garbage and parklet sanitation problems around restaurant exteriors in San Mateo County, and suggestions for preventive maintenance.

REGULATORY FRAMEWORK
California Health & Safety Code, Chapter 7 known as the “Retail Food Code” regulates, at the State level, the protections required for public health and safety of a “Food Facility”.2 The Code

1 https://www.census.gov/retail/marts/www/marts_current.pdf 2 H&S Code 113789 (a) “Food facility” means an operation that stores, prepares, packages, serves, vends, or otherwise provides food for human consumption at the retail level, including, but not limited to, the following:
(1) An operation where food is consumed on or off the premises, regardless of whether there is a charge for the food.
(2) A place used in conjunction with the operations described in this subdivision, including, but not limited to, storage facilities for food-related utensils, equipment, and materials. (b) “Food facility” includes permanent and nonpermanent food facilities, including, but not limited to, the following: (1) Public and private school cafeterias.
(2) Restricted food service facilities.
(3) Licensed health care facilities, except as provided in paragraph (12) of subdivision (c). (4) Commissaries.
(5) Mobile food facilities.
(6) Mobile support units.
(7) Temporary food facilities.
(8) Vending machines.
(9) Certified farmers’ markets, for purposes of permitting and enforcement pursuant to Section 114370.

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has extensive requirements for the handling of food, preparation and service of patrons. They can best be described as affecting the “inside” of the Food Facility.

The exterior or waste disposal areas are only mentioned in Article 4, Section 114245.4. “If provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be easily cleanable, durable and sloped to drain.”3 Refer to Appendix C for the California Health & Safety Code Article 4.

The enforcement of these State Regulations is assigned to “Enforcement Officers”4of an “Enforcement Agency”5 which is delegated to more local organizations at the county or other local level. Section 1143906gives the power to inspect facilities, take samples and prepare a written report of deficiencies.

HEALTH DEPARTMENT INSPECTIONS
The San Mateo County Health Department is primarily responsible for the inspection of restaurants and enforcement of the Health Codes related to them. The Inspection checklist (Appendix D) has 60 categories for inspection and only one (FO42) relates to waste disposal or garbage. In interviews, the Grand Jury found the Health Inspector does not generally inspect the areas behind the facility and does not inspect areas not immediately adjacent to the facility at all.

The County relies on the individual cities for enforcement of their nuisance laws in these areas.

As part of its Municipal Code, each City or jurisdiction maintains provisions for enforcement actions against properties (and operators) that maintain unhealthy, noxious, or dangerous conditions under their police powers to abate public nuisances. (See Bibliography)

LAND USE / USE PERMITS

It is beyond the scope of this investigation to analyze the municipal codes of each of the twenty jurisdictions in San Mateo County which have restaurant uses. Most cities require “use permits”

(10) Farm stands, for purposes of permitting and enforcement pursuant to Section 114375. (11) Fishermen’s markets.
3 Sections 114244 to 114245.3 inclusive speak only to the Food Facility which is defined as the interior of the facility.
4 113774. “Enforcement officer” means the director, agents, or environmental health specialists appointed by the Director of Health Services, and all local health officers, directors of environmental health, and their duly authorized registered environmental health specialists and environmental health specialist trainees.
5 113773. “Enforcement agency” means the department or the local health agency having jurisdiction over the food facility.
6 114390 :
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=104.&title=& part=7.&chapter=13.&article=2

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(conditional or otherwise) for restaurants in certain locations. As part of the building permit process, cities have the ability to require and specify the type, location, and frequency of waste disposal. More importantly, all have a general requirement that these areas be maintained at the owner/operator expense in a good and sanitary manner.

WASTE HAULERS / SANITATION COMPANIES
By far the biggest recipient of waste and disposal in the County is Recology San Mateo County serving the cities of Belmont, Burlingame, East Palo Alto, Foster City, Menlo Park, Redwood City, San Carlos, and San Mateo, the town of Hillsborough, County of San Mateo, North Fair Oaks, and West Bay Sanitary District. Recology of the Coast provides service to Pacifica.

GreenWaste provides service to the town of Atherton.

South San Francisco Scavenger Company (SSFSC) serves businesses and residents in South San Francisco, Millbrae, Brisbane and San Francisco International Airport. Half Moon Bay, Daly City and the unincorporated North County has an agreement with Republic Services, Inc. to provide recycling, compost and garbage collection services.

Each hauler negotiates independently on rates and pick-up policy. The Grand Jury reviewed the Franchise Agreement used by Recology. The agreement provides that the hauler shall replace or repair bins, dumpsters and other containers as needed or upon request.

DISCUSSION
SURVEY
The Grand Jury sent a survey to twenty jurisdictions (see Appendix B). Five jurisdictions relied solely on the County Health Department for enforcement of regulations related to restaurant waste facilities; two inspected and enforced only at the permit renewal stage; and nine assigned the duty to their code enforcement mechanism generally through Planning, Public Works or dedicated Code Enforcement personnel. Only three of the jurisdictions conducted inspections independent of a complaint. The majority, nine of fourteen, only inspected upon receipt of a complaint. (See Appendix B for the tabulated Survey results).

In summary, survey responses demonstrate that the Cities rely on the County Health Department for inspections of restaurant interiors and, in general, only respond to exterior conditions upon receipt of a complaint.

OBSERVATIONS
The condition at any one site is dependent on the frequency of trash removal. The site may be fine right after removal but, as the week goes on, the situation worsens. There does not appear to be any site-specific requirements (or at least any that are enforced) for residual cleaning such as power washing. Few sites inspected had any method of controlling wash down or steam cleaning waste from flowing into the storm sewers. The type of restaurant also impacts its output, e.g., some generate grease, oil and animal fat, which require special containers.

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The current requirements for trash enclosures by local jurisdictions are applied only to new applications, resulting in many outdated, legacies facilities and, without regular inspection, there is no monitoring of maintenance or repair. These areas are high impact areas and the enclosures and bins, dumpsters and cans are subject to heavy use. The Grand Jury found many bins, dumpsters and cans to be in damaged and filthy condition.

Economic forces impact maintenance and overflow conditions. An operator of a restaurant pays for disposal service by volume (size and number of containers) and frequency (number of pickups in one week). Increases in business generate higher volumes so what was working in the past may not be sufficient for the current or future situation. It is logical that operators of food facilities would see added frequency of pickups or added containers as a negative and an expense. This is a financial impact question.

IMPACTS ON THE COMMUNITY
Normal sanitation issues apply; smell, unsightliness and vermin7. Vector Control does not inspect trash or similar areas unless specifically requested. The Grand Jury interviews revealed instances of the presence of rats, mice and raccoons in trash areas and parklets. Insect infestation is also of concern. All this presents a health hazard to the public, the workers at these restaurants, and the trash collectors.

ENFORCEMENT OF EXISTING REQUIREMENTS
The County Health Department inspections do not include the areas outside of the building. The enforcement of the nuisance provisions by local jurisdictions is reactive and only called into play upon a complaint. Oversight of the condition of receptacles (dumpsters, bins, cans) is minimal, at best, and often non-existent.

SPECIAL CASES
Mobile Food Facilities (Food Trucks): The Permit Checklist for food trucks does not mention waste disposal. Food Truck regulation is an evolving body of regulation and should be reviewed at a later date.
https://www.smchealth.org/sites/main/files/file-attachments/20170915_mff_selfinspectionche cklist.pdf?1536778880
Farmer’s Markets: Several markets were visited by Jurors. Only the Farmer’s Market in San Carlos was the subject of an interview. This particular market occurs on a Sunday. It is organized

7 H&S Code 113939. “Vermin” means cockroaches, mice, rats, and similar pests that carry disease.

H&S Code 13939.1. “Vermin infestation” means the presence of vermin within the food facility as evidenced by actual live bodies, fresh droppings or vomitus, urine stains, or gnaw marks, that could result in contamination to the food, equipment, packaging, or utensils.

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by a private company (a community-based organization, CBO) which recruits and manages the individual Farmers and Vendors. The company polices the area at the breakdown of the Market on Sunday afternoon. The city of San Carlos has a street sweeper go over the area on Monday morning. These actions appear to be sufficient as the area was observed to be clean and free from refuse.

Parklets: Like Food Trucks, parklet regulation is evolving and should be reviewed in more detail at a later date. There are currently no separate inspection line items for parklets in the County Health Department checklist. Parklets increased significantly as a result of the Covid-19 pandemic, which have proven efficient and desirable in many areas. At the outset, their construction was not heavily regulated and there were no specific building code requirements for inspection and cleaning under floors. As these facilities have become permanent, building permit requirements have increased. Problem areas identified in our investigation are:

1. Open floor segments can permit food and other waste falling under the floor of the parklet to the street;

2. Many have open side(s) permitting vermin to go under the parklet to feed on scraps;

3. Street drainage (from road crown and gutter flow) can exacerbate the problems of waste under the floor, including leaves and other refuse.

METHODOLOGY
The Jurors made several site visits over a period of eight months and took photographs. The Grand Jury conducted interviews with some officials of some cities and with several San Mateo County officials including the Health Department and Vector Control. A survey was sent to each city/town in San Mateo County.

FINDINGS
F1: Sanitary conditions of the exterior of restaurant facilities fall outside current inspections of the County Health Department. The varying unsatisfactory conditions in the waste removal areas of the facilities shows something is lacking in the regulatory process.

F2: Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.

F3: Sanitary conditions of exterior areas used for waste storage and disposal fall outside current inspections by local jurisdictions; local jurisdictions are, by and large, only reactive to an actual complaint.

F4: Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.

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F7. Effective inspection of parklet sanitation can be severely hampered by closed skirting and lack of under floor access. Spacing between planking and lack of solid flooring can lead to accumulation of organic debris and possible infestation by vermin.

RECOMMENDATIONS
R1. By June 30, 2025, the County should amend its Food Facility Checklist to include the condition of trash area flooring, bins, dumpsters and enclosures, and note any needed repair, replacement or cleaning.

R2. By June 30, 2025, the County should amend its Food Facility Checklist to include the entire exterior waste storage area, retention areas and parklets, including flooring and underfloor areas.

R3. By June 30, 2025, the County should require operators/owners of restaurants to have a written diagram of their approved waste storage/retention area posted so the inspector can evaluate the condition of the facilities.

R4. By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increase the frequency of pick-ups.

Note: The Grand Jury is not able to recommend changes to building codes or planning criteria to cities or the County. However, in our review we did find the City of Palo Alto has a publication with clear and comprehensive regulations/recommendations for these areas. “Comprehensive Guidelines for Commercial Trash Enclosures:
https://www.cityofpaloalto.org/files/assets/public/v/1/planning-amp-development-services/paloalto-trash-enclosure-area-guidelines-march-2017.pdf”

REQUEST FOR RESPONSE
Pursuant to Penal Code Section 933.05, the Grand Jury requests responses as follows:

From the San Mateo County Board of Supervisors, to all Findings and Recommendations.

From the councils for all 20 cities and towns in the County, to Findings 1, 2, 3, 4, 5, and 6 and Recommendation 4.

The governing bodies indicated above should be aware that the comment or response of each governing body must be conducted subject to the notice, agenda, and open meeting requirements of the Brown Act.

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RESPONSE REQUIREMENTS
California Penal Code Section 933.05 provides (emphasis added):
(a) For purposes of each subdivision (b) of Section 933, as to each grand jury finding, the responding person or entity shall report one of the following:
(1) The respondent agrees with the finding.
(2) The respondent disagrees wholly or partially with the finding; in which case the response shall specify the port of the finding that is disputed and shall include an explanation of the reasons, therefore.
(b) For purposes of subdivision (b) of Section 933, as to each grand jury recommendation, the responding person or entity shall report one of the following actions:
(1) The recommendation has been implemented, with a summary regarding the implemented action.
(2) The recommendation has not been implemented, but will be implemented in the future, with a timeframe for implementation.
(3) The recommendation requires further analysis, with an explanation and the scope and parameters of an analysis or study, and a timeframe for the matter to be prepared for discussion by the officer or head of the agency or department being investigated or reviewed, including the governing body of the public agency when applicable. This timeframe shall not exceed six months from the date of publication of the grand jury report.
(4) The recommendation will not be implemented because it is not warranted or is not reasonable, with an explanation, therefore.

BIBLIOGRAPHY
California Health and Safety Code:
https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=HSC&tocTitle=+Heal th+and+Safety+Code+-+HSC
The following is a representative selection of Municipal Codes relevant to the investigation:
● Daly City:
https://library.municode.com/ca/daly_city/codes/code_of_ordinances?nodeId=TIT8HES A
● Belmont:
https://library.municode.com/ca/belmont/codes/code_of_ordinances?nodeId=CICO_CH1 1HESA
● Hillsborough:
https://library.municode.com/ca/hillsborough/codes/code_of_ordinances?nodeId=TIT8H ESA
● San Mateo (City): https://law.cityofsanmateo.org/us/ca/cities/san-mateo/code/7 ● East Palo Alto Code Enforcement: https://www.cityofepa.org/building/page/codeenforcement

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● San Carlos:
https://www.codepublishing.com/CA/SanCarlos/#!/SanCarlos08/SanCarlos0827.html#8. 27 ● South San Francisco:
https://library.qcode.us/lib/south_san_francisco_ca/pub/municipal_code/item/title_8- chapter_8_16 and
https://library.qcode.us/lib/south_san_francisco_ca/pub/municipal_code/item/title_8 ● Burlingame: https://library.qcode.us/lib/burlingame_ca/pub/municipal_code/item/title_8 ● Pacifica Food Establishments:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT6SAHE _CH5GACORE
● Pacifica Garbage:
https://library.municode.com/ca/pacifica/codes/code_of_ordinances?nodeId=TIT6SAHE _CH5GACORE_ART1GACO
● Redwood City: RWC has multiple segments of their code that would apply to this topic.

The link to the Code in General is:
https://library.municode.com/ca/redwood_city/codes/city_code?nodeId=REDWOOD_C

ALIFORNIAMUCO

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APPENDIX A
Photographs of exteriors
Figure 1: San Mateo, September 2023
Figure 2: Millbrae, September 2023

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Figure 3: Millbrae, September 2023
Figure 4: Millbrae, September 2023

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Figure 5: Millbrae, September 2023
Figure 6: Millbrae, September 2023

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Figure 7: San Carlos, December 2023
Figure 8: San Carlos, November 2023

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Figure 9: San Carlos, December 2023
Figure 11: San Carlos, October 2023

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APPENDIX B
Survey

1. Please list your name, title or job description and the city/town you represent.

Surveys were sent to managers of the twenty cities and towns in San Mateo County.

Responses were as follows:

City/Town Response Received
Atherton No
Belmont Yes
Brisbane No
Burlingame Yes
Colma No
Daly City Yes
East Palo Alto Yes
Foster City Yes
Half Moon Bay No
Hillsborough Yes
Menlo Park Yes
Millbrae No
Pacifica Yes
Portola Valley No
Redwood City Yes
San Bruno Yes
San Carlos Yes
San Mateo No
South San Francisco Yes
Woodside Yes

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2. What sanitation standards are applied to the garbage/trash areas of restaurants, bars and food services?
Respondents cited the County ordinance code and various municipal codes and standards. One entity had no response and another responded their city/town has no restaurants.

3. What standards are applied to sanitation, trash and street cleaning related to the "parklets" or other outdoor areas used for food service? Most respondents cited state, county or municipal standards. One city noted they have specific regulations for parklets. Another city said they have no standards because parklets are the responsibility of restaurants.

4. What department(s) of the City enforce these standards? Enforcement of standards may be done by:
● County Health
● Building/Fire/Public Works
● Planning & Building, Dept of Water & Wastewater Resources ● Planning
● Public Works
● Police, Code Enforcement
● Engineering Division
● Community & Economic Development. Department

5. Are regular inspections made or is inquiry only made upon complaint? Most responded inspections are complaint-based. A few municipalities conduct regular, periodic inspections.

6. Upon inquiry by the City (either by inspection or complaint) what standards are applied to determination of a violation, or recommendation to an owner? Standards listed included:
● County Health
● Parklet Standards
● Municipal Codes
● California Building Code, California Fire Code, Americans with Disabilities Act (ADA)

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7. What agencies or organizations outside of the City are involved in maintaining standards, such as Recology, Republic Services or South San Francisco Scavenger? ● Recology
● Recology of the Coast
● Greenwaste Recovery
● Republic
● County Health
● No response, but noted there is a city contract with a power washing service and that information is made available to parklet owners

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APPENDIX C
California Health & Safety Code Article 4
Health and Safety Code - HSC, DIVISION 104. ENVIRONMENTAL HEALTH [106500 - 119406] , PART 7. CALIFORNIA RETAIL FOOD CODE [113700 - 114437] , CHAPTER 7.

Water, Plumbing, and Waste [114189 - 114245.7]
https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=HSC&division=104. &title=&part=7.&chapter=7.&article=4
ARTICLE 4. REFUSE
114244.
(a) Each food facility shall be provided with any facilities and equipment necessary to store or dispose of all waste material.
(b) Waste receptacles shall be provided for use by consumers. (c) A receptacle shall be provided in each area of the food facility or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.
114245
(a) An area designated for refuse, recyclables, returnables, and a redeeming machine for recyclables or returnables shall be located so that it is separate from food, equipment, utensils, linens, and single-service and single-use articles and a public health hazard or nuisance is not created.
(b) Receptacles and waste handling units for refuse, recyclables, and returnables shall not be located so as to create a public health hazard or nuisance or interfere with the cleaning of adjacent space.
114245.1
(a) All refuse, recyclables, and returnables shall be kept in nonabsorbent, durable, cleanable, leakproof, and rodent proof containers and shall be contained so as to minimize odor and insect development by covering with close-fitting lids or placement in a disposable bag that is impervious to moisture and then sealed. (b) Refuse containers inside a food facility need not be covered during periods of operation.
(c) All refuse shall be removed and disposed of in a sanitary manner as frequently as may be necessary to prevent the creation of a nuisance. (d) Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair.
(e) Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.
114245.2. Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be

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stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.
114245.3. If located within the food facility, a storage area for refuse, recyclables, and returnables shall meet the requirements for floors, walls, ceilings, and vermin exclusion as specified in this part.
114245.4. If provided, an outdoor storage area or enclosure used for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be easily cleanable, durable, and sloped to drain. 114245.5. Receptacles and waste handling units for refuse and recyclables shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit.
114245.6.
(a) Receptacles and waste handling units for refuse, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service and single-use articles, and wastewater shall be disposed of as specified under Section 114241.
(b) Soiled receptacles and waste handling units for refuse, recyclables, and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents. 114245.7.
(a) Except as specified in subdivision (b), suitable cleaning implements and supplies such as high-pressure pumps, hot water, steam, and detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables.
(b) If approved, off-premises-based cleaning services may be used if on-premises cleaning implements and supplies are not provided.

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APPENDIX D
San Mateo County Inspection Checklist
https://www.smchealth.org/sites/main/files/file-attachments/297097foodestab.pdf Environmental Health
Services Food Program
2000 Alameda
de las Pulgas
Suite #100
San Mateo,
CA 94403
(650) 372-6200 FAX
(650) 627-8244
smchealth.org/food

FOOD FACILITY CHECKLIST
The goal of food safety is to promote health and prevent food-borne disease through education, training and regulation. This checklist reflects areas that are evaluated during a routine inspection. Use this as a guide to improve your facility’s sanitation and compliance with the requirements from the California Retail Food Code.

FOOD RECEIVING YES NO N/A
Raw or frozen raw molluscan shellfish (e.g. clams, mussels, scallops, oysters) properly labeled and labels maintained on site for at least 90 days.

Temperature of live molluscan shellfish at or below 45ºF.

Food only from approved sources.

Potentially hazardous foods delivered at a temperature of 41°F Frozen foods delivered in frozen condition with no evidence of thawing or refreezing.

Food at improper temperature or in unacceptable condition rejected.

Foods, especially refrigerated and frozen foods, placed in proper storage locations promptly.

FOOD STORAGE YES NO N/A
Foods protected from contamination, dirt, vermin, insects, chemicals, etc.

Prepackaged and bulk foods properly labeled.

Food stored at least 6 inches above floor in approved locations within the facility.

Returned and damaged goods stored separate from other items.

Raw meat and fish inside refrigerators and freezers stored below and away from ready-to-eat foods (e.g. salads, produce, beverages).

Foods kept covered while in storage.

Food which becomes contaminated or adulterated is discarded.

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FOOD PREPARATION YES NO N/A
Frozen foods thawed by one of the following methods:
● Under cold running water
● In a refrigerator
● In a microwave
● As part of the cooking process
Hot potentially hazardous foods cooled as quickly as possible by one or more of the following methods prior to placement in a refrigerator or freezer:
● In an ice bath with stirring
● With a rapid cool stirring device
● In a blast chiller
● By adding ice
● In shallow heat conducting pans on ice
● Separating food into smaller or thinner portions

YES NO N/A
Food preparation sinks used only for preparation activities, and not hand washing, janitorial activities, or other uses.

Sulfites not added to potentially hazardous foods.

Potentially hazardous foods shall be thoroughly cooked to a minimum internal temperature of:
● 165°F for poultry, comminuted poultry, game birds, stuffed meats, stuffed pasta, and reheated foods.
● 157°F for ground beef, other comminuted meats, and foods containing comminuted meat. (Or 155°F for a minimum of 15 seconds)
● 155°F for pork.
● 145°F for eggs, food containing raw eggs, and other cooked potentially hazardous food.

FOOD SERVING YES NO N/A
Prepackaged foods properly labeled with common name, list of ingredients, net weight, name and address of manufacturer, etc.

Uneaten food returned from customer is discarded and not reused or reserved.

Self-serve buffets, salad bars, snack counters, bulk food dispensers, and selfserve units. Provide adequate protection for food and utensils from contamination by customers (e.g. sneezing, coughing, and handling).

Tongs, ladles, spoons, etc. used for food service rather than direct contact with hands.

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TEMPERATURE CONTROL/THERMOMETERS YES NO N/A
Potentially hazardous foods kept at or below 41°F, or at or above 135°F.

When cooling or heating potentially hazardous foods, the time spent in the DANGER ZONE (41 °F - 135°F) is kept to a minimum.

Easily readable thermometers (accurate to + 2°F) in the warmest part of each refrigeration and freezer unit.

Metal probe-type thermometer on premise if potentially hazardous food served.

Thermometers are sanitized before and after use, and periodically calibrated. (Employees should be able to demonstrate that they know how to calibrate a probe thermometer)

UTENSIL WASHING/STORAGE YES NO N/A
Utensils protected from contamination, dirt, vermin, insects, chemicals, etc.

Multi-service customer utensils (e.g. plates, glasses, silverware) sanitized by mechanical dish machine as per manufacturer specifications, or if manually washed, sanitized by one of the following methods:
● 100 ppm chlorine for 30 seconds
● 25 ppm iodine for 60 seconds
● 200 ppm quaternary ammonium for 60 seconds
● 180°F water for 30 seconds
Test strips or thermometer available for measuring the method of sanitizing utensils.

YES NO N/A
Three- compartment sink with dual integral drain boards available for utensil washing (except where 2 compartment exemptions is applicable).

Compartments are large enough to accommodate the largest utensil in use.

Utensils are clean and in good repair.

Kitchen and serving utensils are routinely cleaned and sanitized.

Utensils are commercial-grade and meet applicable National Sanitation Foundation (NSF) at CAL CODE standards.

All mechanical dishwashers are provided with dual integral drain boards.

Proper sanitizer and chemical levels, and temperature maintained at all times during operation of dish machines.

Single-service customer utensils used only once and disposed of in a sanitary manner.

Serving utensils (e.g. scoops, spoons, ladles, etc.) for potentially hazardous foods, while in use are kept at or below 41°F or above 135°F, or in a dipper well continually provided with clean water.

TOILET FACILITIES YES NO N/A
Employee toilet facilities provided.

Customer toilet facilities provided where required.

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Packet Pg. 253 Attachment: Attachment A - Grand Jury Report on Restaurant Exteriors (5874 : Revised Section 6-5.103 - Section 6-5.105 Garbage Collections 23 2023-2024 San Mateo County Civil Grand Jury
Tight-fitting self-closing doors provided.

Food, utensils, equipment, supplies, etc., not stored in toilet facilities.

Toilet paper, single-use sanitary towels (or air dryer) and hand cleanser provided from approved dispensers.

Hot and cold water, under pressure, provided from a mixing faucet (or combination faucet) at hand sink.

Ventilation provided.

HANDWASHING FACILITIES YES NO N/A
Within or adjacent to restrooms and kitchens.

Provided with single service sanitary towels (or air dryers) and hand cleanser from and approved dispensers.

Hot and cold water, under pressure, provided from a mixing faucet (or combination faucet) at hand sink.

Kept readily accessible at all times
Facilities provided exclusively for hand washing in food prep areas that are sufficient
in number and conveniently located. (construction/remodels on or after January 1, 1996)

CHEMICALS/PESTICIDES YES NO N/A
Properly labeled.

Stored away from food and utensils. Stored in separate enclosure if stored in food preparation area.

Pesticides specifically approved for use within food facilities.

Chemicals, pesticides, hazardous materials properly used. MSDS data available for employees.

JANITORIAL FACILITIES YES NO N/A
Area provided for storage of cleaning supplies and equipment which is separate from food preparation, food storage, utensil cleaning, and utensil storage areas.

Janitorial sink or basin provided with hot and cold water.

Backflow prevention device provided for sink.

Cleaning equipment (e.g. mops, buckets, brooms, etc.) kept away from food and utensils.

LIGHTING YES NO N/A
Minimum intensity of 20 foot-candles (ftc) in food preparation and utensil cleaning areas.

Minimum intensity of 10ftc elsewhere but intensity of at least 20 ftc available during cleaning operations.

Shatter-proof light covers in food preparation, food storage (except where food is in unopened, original containers), and utensil cleaning areas.

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Packet Pg. 254 Attachment: Attachment A - Grand Jury Report on Restaurant Exteriors (5874 : Revised Section 6-5.103 - Section 6-5.105 Garbage Collections 24 2023-2024 San Mateo County Civil Grand Jury

VERMIN/INSECTS YES NO N/A
Facility free of rodents and insects.

Harborage and entrances eliminated. Droppings and dead insects cleaned up.

Facility kept fully enclosed. Entrances protected by tight-fitting, self-closing doors or air curtains. Openable windows protected by screens.

Pest control performed by licensed pest control operator.

GARBAGE/REFUSE DISPOSAL YES NO N/A
Facilities provided for garbage disposal and storage.

Containers are leak proof and rodent proof with tight-fitting lids.

Garbage placed in securely fastened plastic bags before placement in dumpster.

Garbage removed frequently.

WATER SUPPLY YES NO N/A
Water supply from an approved source.

Hot and cold water provided in adequate amounts.

EMPLOYEE HABITS YES NO N/A
Employees wash hands before beginning work, between working with raw food and ready-to- eat foods, after coughing or sneezing, after touching soiled equipment or utensils, after using restrooms, and after engaging in any other activity that contaminates the hands.

Employees wear clean garments or uniforms.

Employees do not use tobacco products where food is prepared, served, or stored, or where utensils are cleaned or stored.

Employees do not work if ill.

Employees have been instructed in safe food handling practices.

Employees routinely check temperatures of potentially hazardous foods during storage, preparation and serving, and check utensil cleaning chemical levels, water temperatures, and water pressures.

EMPLOYEE CHANGE/STORAGE FACILITIES YES NO N/A
Area provided for employee changing which is separate from toilets, food storage, food preparation, utensil cleaning, and utensil storage areas.

PLUMBING YES NO N/A
All sewage and wastewater disposed of to an approved sewer or septic system.

Indirect waste drainage via a floor sink or funnel drain provided for all equipment that discharges wastes (e.g. prep sinks, utensil sinks, steam tables, salad bars, Chinese ranges, ice machines, ice storage bins, beverage machines, steamjacketed kettles, display cases, refrigeration/freezer units, etc.) Indirect waste receptacles readily accessible for cleaning and inspection, and not located inside cabinets.

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Packet Pg. 255 Attachment: Attachment A - Grand Jury Report on Restaurant Exteriors (5874 : Revised Section 6-5.103 - Section 6-5.105 Garbage Collections 25 2023-2024 San Mateo County Civil Grand Jury
Floor drains absent from food storage areas.

Plumbing kept clean, fully operative, and in good repair.

Grease interceptors and septic tanks regularly cleaned out by licensed plumbers.

EQUIPMENT YES NO N/A
Equipment clean and in good repair.

Equipment easily cleanable and meets applicable NSF and the California Retail Food Code standards.

Unused equipment removed from premises.

Approved ventilation/exhaust equipment provided over cooking equipment and high temperature dish machines.

WALLS, FLOORS, CEILINGS YES NO N/A
Floors are smooth, durable, non-absorbent, and easily cleanable in areas where:
● food prepared, packaged, or stored;
● where utensils are cleaned or stored;
● where garbage is stored;
● where janitorial facilities are located;
● in toilet and hand washing facilities;
● in employee change and storage areas.

Floor material extends up the walls and toe kicks at least 4 inches with a minimum of 3/8 inch radius at the wall/floor and wall/toe-kick junctures in all areas mentioned above except where exempted (e.g. where foods are stored in their unopened original containers.

Walls and ceilings smooth must be durable, non-absorbent, and easily cleanable in all areas except where exempted (e.g. dining areas, closed food storage areas, and certain portions of bar areas).

Walls and ceiling finishes light colored in food preparation, utensil cleaning areas, and inside walk-in refrigeration units.

SIGNS YES NO N/A
Official Food Placard must be posted and clearly visible at the entrance of facility.

Valid health permit posted in a conspicuous location.

No Smoking signs posted in food preparation, food storage, utensil cleaning, and utensil storage areas.

YES NO N/A
Hand washing signs posted in toilet rooms.

If facility has sit-down dining, Choking First Aid poster placed where it is readily accessible to employees.

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Packet Pg. 256 Attachment: Attachment A - Grand Jury Report on Restaurant Exteriors (5874 : Revised Section 6-5.103 - Section 6-5.105 Garbage Collections 26 2023-2024 San Mateo County Civil Grand Jury

ADDITIONAL INFORMATION YES NO N/A
Any construction, remodeling, alterations, and the installation of new equipment must be approved by the Health Department before commencing work.

Applicable building and fire codes are met.

Manager certification/ Food handler certifications are available on site.

Tobacco permit available if applicable
COMMENTS/OBSERVATIONS:

Release Date: July 9, 2024
2023-2024 San Mateo County Civil Grand Jury

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Packet Pg. 257 Attachment: Attachment A - Grand Jury Report on Restaurant Exteriors (5874 : Revised Section 6-5.103 - Section 6-5.105 Garbage Collections

CITY OF PACIFICA
170 Santa Maria Ave. • Pacifica, California 94044
www.cityofpacifica.org
MAYOR
Sue Vaterlaus

MAYOR PRO TEM
Sue Beckmeyer

COUNCIL
Mary Bier
Tygarjas Bigstyck
Christine Boles
Scenic Pacifica
Incorporated Nov. 22, 1957
September 9, 2024
The Honorable Amarra A. Lee
Judge of the Superior Court
c/o Bianca Fasuescu
Hall of Justice
400 County Center; 2nd Floor
Redwood City, CA 94063-1655
Subject: City of Pacifica’s response to the San Mateo County Civil Grand Jury Report – “Restaurant Exteriors: The Neglected Space.”
Dear Judge Lee and Members of the Grand Jury:

Thank you for the opportunity to review and comment on the above-referenced Civil Grand Jury report filed on July 9, 2024. Pursuant to Penal Code § 933(c), the City of Pacifica’s(“City”) response to the several findings and recommendations contained in the report are provided below. The Pacifica City Council reviewed and approved the responses at a public meeting on September 9, 2024.

Responses to Civil Grand Jury Findings:

F1. Sanitary conditions of the exterior of restaurant facilities fall outside current inspections of the County Health Department. The varying unsatisfactory conditions in the waste removal areas of the facilities shows something is lacking in the regulatory process.

Response to F1. The City agrees with the finding. The San Mateo County Health System Food Facility Checklist provided as Appendix D in the Grand Jury report does not include criteria to evaluate exterior areas during routine inspections.

F2. Sanitary conditions of parklets fall outside of current inspections by the County Health Department or Vector Control.

Response to F2. The City agrees with this finding. The San Mateo County Health System Food Facility Checklist does not include criteria for evaluating sanitary conditions for parklets.

F3. Sanitary conditions of exterior areas used for waste storage and disposal fall outside current inspections by local jurisdictions; local jurisdictions are, by and large, only reactive to an actual complaint.

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Packet Pg. 258 Attachment: Attachment B - Draft Responce to Civil Grand Jury Report (5874 : Revised Section 6-5.103 - Section 6-5.105 Garbage Collections of City of Pacifica’s response to the San Mateo County Civil Grand Jury Report – “Restaurant Exteriors: The Neglected Space” | September 9, 2024
2 Response to F3. The City partially agrees with this finding. California Regional Water Quality Control Board – San Francisco Bay Region Municipal Regional Stormwater NPDES Permit requires the City to implement an Industrial and Commercial Business Inspection Plan pursuant to Provision C.4.b. The City contracts EOA, Inc. to implement the City’s Business Inspection Plan.

All food facilities, which include restaurants, food service facilities, and mobile food trucks, are inspected once every two years by EOA, Inc. for compliance with San Mateo Countywide Water Pollution Prevention Program (SMCWPPP). EOA, Inc. conducts inspections in accordance with the SMCWPPP Inspection Report Form and schedules follow up inspections if found noncompliant. EOA, Inc. refers to the City for further enforcement action if the business issues with stormwater compliance persist.

The City’s Wastewater Division conducts yearly inspections of all restaurant exteriors, including additional inspections for sites found out of compliance with the Wastewater Division’s Food Service Establishment Report. Inspection criteria includes confirming the grease removal equipment, or interceptors, are easily accessible, settleable solids within the interceptors do not exceed 25%, and grease removal equipment record keeping.

F4. Most restaurant exterior areas are “out of sight” of the public and as a result complaints are less frequent.

Response to F4. The City partially agrees with this finding. Most of the shopping centers restrict public access to the exterior areas of the buildings. The City has few standalone restaurants that maintain individual exterior trash areas (i.e. trash enclosures), most of which are “out of sight.” The City receives few complaints for exterior areas City-wide. The few complaints that the City receives are for locations visible to the public. City staff has found that restaurant exterior areas, even those “out of sight,” are generally compliant and well maintained.

F5. Because they lack oversight, unacceptable conditions in restaurant trash areas are likely not to be rectified.

Response to F5. The City disagrees with this finding. The City’s Code Enforcement Division routinely conducts weekly to biweekly drive-by site inspections to evaluate the exterior conditions of shopping malls and commercial sites. Code Enforcement works closely with Recology of the Coast, the Merchant Association President, and restaurant owners and managers to address issues or concerns regarding proper and timely garbage removal seeking voluntary compliance. Code Enforcement issues verbal warnings to business owners, providing them an opportunity for corrective action prior to an issue of a Notice of Violation (NOV).

The Code Enforcement Division accepts Complaint Referral and Resolution Worksheets from members of the public reporting violations such as unacceptable conditions of trash. Code Enforcement follows the proper corrective action for the issue.

F6. Waste water from the cleaning of trash areas and from rain flow into the storm drain systems.

Response to F6. The City partially agrees with this finding. Newer shopping centers and commercial areas within the City provide restaurants with trash areas that drain directly into the wastewater system. These trash areas often do not exist for older shopping centers.

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Packet Pg. 259 Attachment: Attachment B - Draft Responce to Civil Grand Jury Report (5874 : Revised Section 6-5.103 - Section 6-5.105 Garbage Collections of City of Pacifica’s response to the San Mateo County Civil Grand Jury Report – “Restaurant Exteriors: The Neglected Space” | September 9, 2024
3 F7. Effective inspection of parklet sanitation can be severely hampered by closed skirting and lack of under floor access. Spacing between planking and lack of solid flooring can lead to accumulation of organic debris and possible infestation by vermin.

Response to F7. Not applicable: The City of Pacifica is not named in this finding and therefore has no comment.

Responses to Civil Grand Jury Recommendations:

R1. By June 25, 2025, the County should amend its Food Facility Checklist to include the condition of trash area flooring, bins, and dumpsters and enclosures, and note any needed repair, replacement or cleaning.

Response to R1. Not applicable: The City of Pacifica is not named in this recommendation and therefore has no comment.

R2. By June 30, 2025, the County should amend its Food Facility Checklist to include the entire exterior waste storage area, retention areas and parklets, including flooring and underfloor areas.

Response to R2. Not applicable: The City of Pacifica is not named in this recommendation and therefore has no comment.

R3. By June 30, 2025, the County should require operators/owners of restaurants to have a written diagram of their approved waste storage/retention area posted so the inspector can evaluate the condition of the facilities.

Response to R3. Not applicable: The City of Pacifica is not named in this recommendation and therefore has no comment.

R4. By June 30, 2025, inspectors for all jurisdictions with restaurants should be empowered to require owners/operators to add receptacles or increased the frequency of pick-ups.

Response to R4. This recommendation has yet to be implemented and will be implemented in the future. As mentioned in the City’s response to Finding 4, the Manor Shopping Center is one of the only commercial areas with reoccurring unacceptable restaurant trash conditions. The smaller businesses operating within the Manor Shopping Center have at least one to two trash pickups a week scheduled with Recology. Depending on the merchant or need, some sites have up to four pickups a week.

The City requires every business to subscribe to a garbage collection service, pursuant to Pacifica Municipal Code (PMC) section 6-5.103. The City’s current Garbage Collection ordinance allows for the size, design, and weight of the garbage containers as provided by the franchise agreement between the City and Recology of the Coast, pursuant to PMC section 6-5.104. All garbage containers must be collected by Recology of the Coast at least once a week pursuant to PMC section 6-5.105. The current ordinance does not allow the City the authorization to regulate the size and quantity of garbage containers or to regulate the frequency of pickups beyond once a week.

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Packet Pg. 260 Attachment: Attachment B - Draft Responce to Civil Grand Jury Report (5874 : Revised Section 6-5.103 - Section 6-5.105 Garbage Collections of City of Pacifica’s response to the San Mateo County Civil Grand Jury Report – “Restaurant Exteriors: The Neglected Space” | September 9, 2024
4 Required Action: By June, 30, 2025, the City shall amend PMC section 6-5.104 to allow the City to require sites to increase the number of garbage containers and amend PMC section 6-5.105 to allow the City to require sites to increase the frequency of pickups, identified as insufficient by the City.

Sincerely,

KEVIN WOODHOUSE
City Manager
cc: Pacifica City Council

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Packet Pg. 261 Attachment: Attachment B - Draft Responce to Civil Grand Jury Report (5874 : Revised Section 6-5.103 - Section 6-5.105 Garbage Collections of TITLE 6. - SANITATION AND HEALTH
CHAPTER 5. - GARBAGE, COLLECTION AND RECYCLING
Article 1. Garbage Collection
Pacifica, California, Code of Ordinances Created: 2024-09-25 13:11:53 [EST] (Supp. No. 56)