Agenda, regular meeting, second session — San Bruno City Council, April 22, 2025

"The City With a Heart"
Rico E. Medina, Mayor
Marty Medina, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
April 22, 2025
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation and Aquatic Center, Community Room 251 City Park Way
San Bruno, CA 94066
*Please turn off all electronic devices before the start of the meeting to prevent disruptions*
**Zoom Link
https://sanbrunocagov.zoom.us/j/88565480841?
pwd=j2O3kKkUwOYqYCyE2PTA1pz0beAoBz.1
Phone Line: 16465588656
Webinar ID: 885 6548 0841
Webinar Password: 713193
*Broadcast of the meeting is offered via Zoom as a
courtesy to the public.
**No public comment accepted via Zoom.

PUBLIC COMMENT: In person attendees who want to provide public comment, will be asked to fill out a speaker card and turn it into the City Clerk. Public comment may also be emailed to [email protected] . Comments received via email will not be read
aloud during the meeting.

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, individuals requiring special accommodations or modifications to participate in this meeting should contact the City Clerk’s Office 48 hours prior to the meeting at (650) 6167061 or [email protected] .
*Any disclosable public writings related to an open session item on a regular meeting agenda and distributed by the City to at least a majority of the City Council less than 72 hours prior to that meeting are available for public inspection at the City Clerk's Office at City Hall located at 567 El Camino Real, San Bruno, California during normal business hours. In addition, the City may also post such documents on the City’s Website at sanbruno.ca.gov/AgendaCenter .

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

4. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed up to three minutes, subject to the Mayor’s discretion based on the anticipated length in the meeting. It is the Council’s policy to refer matters raised in this forum to staff for investigation and/or action where appropriate. The Brown Act prohibits the Council from discussing or acting upon any matter not agendized pursuant to State Law.

5. ANNOUNCEMENTS/PRESENTATIONS
There is a single public comment period for all items in this section a. The Spring Community CleanUp Event with Recology is happening on Saturday, April 26, 2025 from 8:0011:00 am at 975 Sneath Lane. San Bruno residents are invited to bring unwanted bulk items to this selfservice dropoff event. Each household may dispose of up to 3 cubic yards of materials.
b. The Spring Compost Giveaway with Recology is happening on Saturday, April 26t, 2025 and Sunday, April 27, 2025 from 8:0011:00 am at Lions Field. Residents are welcome to take home a free bucket of compost to help enrich their gardens. This is a selfservice event please bring your own bucket. One 5gallon bu
resident.
c. California State Assemblymember Diane Papan will be holding a Town Hall at the San Bruno Recreation and Aquatic Center on April 26, 2025 from 10:00 am to 12:00 pm. d. Proclamation Recognizing May 2025 as Asian American, Native Hawaiian and Pacific Islander Heritage Month
e. Proclamation Recognizing May 2025 as Mental Health Month

6. CONSENT CALENDAR
All items are considered routine or implement an earlier Council action and may be enacted by one motion; there will be no separate discussion, unless requested. There will be a single public comment period for all items in this section unless a Councilmember requests to pull an item for a separate vote. a. Approve the Draft Special Meeting Minutes for April 8, 2025 b. Approve Accounts Payable for April 7, 2025 and April 14, 2025 c. Accept Payroll for April 6, 2025
d. Approve Investment Report Dated March 31, 2025
e. Consider Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with IROL for ThirdParty Records Reporting Software for the Fire Department Pursuant to California Code of Regulations, Title 19, Division 1, §904.2(j) and San Bruno Municipal Code 11.24 f. Consider Adoption of a Resolution:

Accepting the Downtown Trash Receptacles & Newspaper Racks & Enclosures Project as Complete (CIP#60027); and
Authorizing the Filing of Notice of Completion with the San Mateo Recorder’s Office g. Consider Adoption of a Resolution Authorizing the City Manager to Execute a Sole Source Contract for the Posy Park Fountain Restoration in an amount not to exceed $504,375; and Approving a Project Contingency of $50,000; Determining the Project is Exempt Under the California Environmental Quality Act

7. PUBLIC HEARING(S)
Public comment will be requested after each topic in this section a. Hold Public Hearing and Consider Adoption of a Resolution Amending the Master Fee Schedule Effective July 1, 2025

8. CONDUCT OF BUSINESS
Public comment will be requested after each topic in this section a. Respond to the Request from the County of San Mateo to Authorize the City Manager to Negotiate a Reimbursement Agreement with the County for Unreimbursed Bridge Funding for the Purchase and Installation of 13 Fare Gates at the San Bruno BART Station in an Amount Not to Exceed $1,636,364

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS

11. ADJOURNMENT – The next Regular City Council Meeting will be held on May 13, 2025 at 7:00 pm
POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on April 18, 2025, by 5:00 pm. 1 of 123
"The City With a Heart"
Rico E. Medina, Mayor
Marty Medina, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
April 22, 2025
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation and Aquatic Center, Community Room 251 City Park Way
San Bruno, CA 94066
*Please turn off all electronic devices before the start of the meeting to prevent disruptions*
**Zoom Link
https://sanbrunocagov.zoom.us/j/88565480841?
pwd=j2O3kKkUwOYqYCyE2PTA1pz0beAoBz.1
Phone Line: 16465588656
Webinar ID: 885 6548 0841
Webinar Password: 713193
*Broadcast of the meeting is offered via Zoom as a
courtesy to the public.
**No public comment accepted via Zoom.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS

11. ADJOURNMENT – The next Regular City Council Meeting will be held on May 13, 2025 at 7:00 pm
POSTING: I declare a copy of this agenda was posted at City Hall, 567 El Camino Real, San Bruno, among other locations in the city limits of San Bruno, on April 18, 2025, by 5:00 pm. 2 of 123
"The City With a Heart"
Rico E. Medina, Mayor
Marty Medina, Vice Mayor
Sandy Alvarez, Councilmember, District 1
Tom Hamilton, Councilmember, District 2
Michael Salazar, Councilmember, District 3
AGENDA
SAN BRUNO CITY COUNCIL REGULAR MEETING
April 22, 2025
7:00 PM
IN PERSON* MEETING LOCATION
San Bruno Recreation and Aquatic Center, Community Room 251 City Park Way
San Bruno, CA 94066
*Please turn off all electronic devices before the start of the meeting to prevent disruptions*
**Zoom Link
https://sanbrunocagov.zoom.us/j/88565480841?
pwd=j2O3kKkUwOYqYCyE2PTA1pz0beAoBz.1
Phone Line: 16465588656
Webinar ID: 885 6548 0841
Webinar Password: 713193
*Broadcast of the meeting is offered via Zoom as a
courtesy to the public.
**No public comment accepted via Zoom.

1. CALL TO ORDER

2. ROLL CALL

3. PLEDGE OF ALLEGIANCE

9. COUNCIL COMMITTEE REPORT OUT

10. COMMENTS FROM COUNCIL MEMBERS

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Item 6a.
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Item 6b.
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Item 6c.
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Item 6d.
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: April 22, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Ari Delay, Fire Chief
SUBJECT: Consider Adoption of a Resolution Authorizing the City Manager to Execute an Agreement with IROL for Third-Party Records Reporting Software for the Fire Department Pursuant to California Code of Regulations, Title 19, Division 1, §904.2(j) and San Bruno Municipal Code

11.24 BACKGROUND:

California Code of Regulations, Title 19, Division 1, §904.2(j) mandates that contractors, companies, or licensees conducting testing and maintenance of fire safety systems provide written reports of their results to the building owner and the local fire authority. Additionally, San Bruno Municipal Code 11.24, "901.6.3.2 Records Reporting," requires electronic submission of inspection, testing, and maintenance reports directly to the Fire Department through an authorized third-party platform, prohibiting paper reports.

DISCUSSION:

InspectionReportsOnline.net (IROL) is a software as a service (SaaS) that provides web-based prevention and community risk reduction solutions specifically designed for fire and life safety system management. The platform enables third-party contractors to directly submit their inspection, test, and maintenance (ITM) reports electronically to the Authority Having Jurisdiction (AHJ) and property owners, ensuring organized, secure, and accessible record- keeping.

Key features and benefits of adopting IROL include:
 Centralized electronic repository of ITM records, eliminating manual documentation.  Increased fire code enforcement efficiency.
 Improved system compliance and readiness, reducing the risk of false alarms and system failures.
 Real-time access to detailed compliance data, enabling proactive remediation.  Reduced administrative workload through specialized review by IROL industry professionals.
 Enhanced building safety contributing positively to ISO and Accreditation Ratings.  Cost savings and increased operational efficiencies, with reduced staff time. 18 of 123
Item 6e.

Honorable Mayor and Members of the City Council
April 22, 2025

Page 2 of 2 ends

Implementing IROL will assist the San Bruno Fire Department's Fire Prevention division by proactively managing compliance and deficiency remediation processes, benefiting contractors, property owners, and the broader community by significantly increasing overall compliance levels (average improvement of 40-60% in the first year).

FISCAL IMPACT:

There is no fiscal impact.

ENVIRONMENTAL IMPACT:

City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION:

Staff recommends adopting a Resolution Authorizing the City Manager to execute an agreement with IROL for Third-Party Records Reporting Software for the Fire Department Pursuant to California Code of Regulations, Title 19, Division 1, §904.2(j) and San Bruno Municipal Code 11.24.

ALTERNATIVES:

Do not adopt the resolution
ATTACHMENTS:

1. Resolution

2. IROL Service Agreement
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3 RESOLUTION NO. 2025 - __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AUTHORIZING

THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH IROL FOR THIRD-PARTY

SOFTWARE FOR THE FIRE DEPARTMENT PURSUANT TO CALIFONIA CODE OF REGULATIONS, TITLE 19, DIVISION 1, §904.2(J) AND
SAN BRUNO MUNICIPAL CODE SECTION 11.24
WHEREAS, the California Code of Regulations, Title 19, Division 1, §904.2(j), requires contractors performing inspection, testing, and maintenance (ITM) of fire safety systems to submit written reports to both the building owner and local fire authority upon completion of work; and WHEREAS, San Bruno Municipal Code Section 11.24, subsection 901.6.3.2 mandates electronic submission of ITM records directly to the Fire Department through an approved third- party platform, prohibiting hard copy reports; and
WHEREAS, InspectionReportsOnline.net (IROL) offers a centralized, secure, and web- based reporting platform that facilitates efficient compliance with fire code and local reporting requirements, providing significant operational benefits and cost savings; and WHEREAS, adoption of IROL will increase compliance with fire and life safety systems' inspection, testing, and maintenance, significantly improving public safety and system readiness, reducing false alarms, and enhancing the city's ISO and Accreditation Ratings; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Bruno as follows:

Section 1. The City adopts InspectionReportsOnline.net (IROL) as the designated third- party software for records reporting for fire code and local reporting compliance.

Section 2. The City Council approves the agreement with IROL, in the form attached hereto as Exhibit A (the “Agreement”), with such changes as deemed necessary or useful by the City Manager and authorizes the City Manager to execute the Agreement. The City Manager or designee is authorized and directed to take all actions necessary to implement and administer the IROL platform to ensure compliance with applicable laws, regulations, and municipal code.

Section 3. This Resolution shall become effective immediately upon its adoption.

Exhibit A: Agreement with IROL
---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on April 22, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
___________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1
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3 EXHIBIT A
Agreement
[see attached]
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1 Service Agreement
To: San Bruno Fire Department
Date: 3/26/2024
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ATTACHMENT 2
2 Project Overview
This AGREEMENT outlines the scope of work, deliverables, pricing, responsibilities, and terms and conditions of the work. This Agreement is made on 3/26/2024 by and between InspectionReportsOnline.net, INC dba IROL and the San Bruno Fire Department collectively referred to herein as “parties.”
AGREEMENT and IROL’s Terms and Conditions are incorporated herein as Attachment A to this AGREEMENT. Attachment A will take precedence over this AGREEMENT where there is any conflict.

Project Scope
The Fire Department will be implementing IROL’s following solution(s): Third-Party Compliance Reporting
Project Scope: Deliverables, Responsibilities and Timeline The work and deliverables will be accomplished by a joint effort and communication of IROL, the Fire Department, and their staff during this AGREEMENT.

IROL Customer Responsibilities
Customer will be responsible for:
 It is understood by the parties that IROL generates most of its revenue for the Inspection, Testing, & Maintenance program from Service Provider submissions. These revenues allow for IROL to provide its Inspection, Testing, & Maintenance services at no cost to the Fire Department. During the term of this AGREEMENT, and any renewal thereof, IROL will not impose a fee on the Fire Department for any reports which are filed for locations within the Fire Department’s jurisdiction and will not increase the fee imposed on the Service Provider without written consent from the Fire Department.
 Fire Department will, to the extent it is able via law, ordinance, code, etc., mandate reports submitted within their jurisdiction to be processed through the IROL site. Fire Department will make a good-faith effort to inform Service Provider’s that inspection reports must be submitted via IROL for all required system inspections.  If the Fire Department is implementing IROL’s Fire and Life Safety Risk Assessment, then registration by the Property Owner is required and necessary to complete and submit the assessment.
 Committing the necessary resources and management involvement to reasonably support IROL’s services.
 Providing IROL with reliable, accurate, and complete information when required to initiate the proposed activities.
 Ensuring that information IROL receives and utilizes is accurate and up to date.  Making timely decisions and seeking required management approvals as needed for the Project to proceed.
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3  Using the deliverables and ensuring the deliverables meets all parties’ requirements.  Sign-off of IROL inspection review documents at completion of the review.

In addition, IROL shall be entitled to rely on all Authority Having Jurisdiction’s decisions and approvals made before and during the provision of services. Nothing in this AGREEMENT shall require IROL to advise on, evaluate, modify, confirm, or reject such decisions or approvals.

Cost Structure
IROL’s Third-Party Inspection Testing and Maintenance Reporting, and Deficiency Remediation Service is a cost-free service for the Fire Department.

IROL’s submission fee is $19.99 paid for by the Service Provider. There are no other fees associated with IROL’s Third-Party Reporting.

Should onsite training be preferred by Authority Having Jurisdiction, all related travel, lodging, reasonable expenses are to be agreed upon in advance by Authority Having Jurisdiction and IROL. All initial web-based training for Authority Having Jurisdiction and participating Service Providers are at no cost.

Assumptions and Additional Information
If any assumptions change or are found to be incorrect, the AGREEMENT may be modified by IROL, after discussion with the Authority Having Jurisdiction, and agreement on approach moving forward. All changes will be made by IROL in writing and signed off on by Authority Having Jurisdiction prior to the commencement of any work.

Termination of the Agreement
The term on the AGREEMENT is three (3) years. At term-end, the AGREEMENT will automatically renew for three (3) years, unless terminated by the Fire Department and with 90 days written notice. The Fire Department may terminate this AGREEMENT, in the event of a breach by IROL, with 60 days written notice, subject to IROL’s 30 days to cure the breach. In the event IROL fails to timely cure, IROL shall within 30 days of the termination of this AGREEMENT, provide to the Fire Department a complete and up-to-date download of all available archived reports.

ACCEPTED DATE
_______________________________________ _________________________ AHJ Authorized Agent Signature
_____________________________________ ________________________ Authorized IROL Representative
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AGREEMENT ARTICLES
Article 1: Website Services Rendered

1.1. IROL is the legal owner and operator of the website https://www.InspectionReportsOnLine.net (the site). The site’s functions and purposes are to increase code compliance, facilitate communications, enhance organization, and improve efficiencies related to fire and life safety building inspections, and/or additional prevention and community risk reduction efforts. The site is an online, electronic report management system to be used by Property Owners (PO), Service Providers (SP), and the Authority Having Jurisdiction (AHJ).

1.2 IROL’s Third-Party Reporting may include our Review Department, which assists the Authority Having Jurisdiction in the overall management and deficiency remediation process.

1.3 IROL offers additional services such as Inspector’s Reporting and Pre-Plan, which is an individually priced program based on the estimated number of anticipated fire department inspections.

1.4 IROL’s Community Risk Reduction Solutions includes Fire and Life Safety Risk Assessments, and other growing solutions based on the needs of a community. These services are all optional and standard fees are paid for by the submitting entity.

Article 2: Data Security and Confidentiality

2.1 IROL warrants and represents to the Fire Department, that the site is and throughout the term of this agreement will be a secure website with an SSL certification issued by Comodo, an independent Internet security certification company. Site hosting is provided through Microsoft’s Azure (azure.microsoft.com) on a dedicated IP address.

2.2 IROL, and its shareholders, and employees, have no association, formally or informally, with any Service Provider’s.

2.3 Through the security measures in place for the site, the reports that are filed and maintained through the site will be available only to the Fire Department and the Service Provider that filed the report and the owners of the property to which the report relates.

2.4 Except as provided for herein, the reports filed through the website are not accessible by IROL or any of its employees, nor are they accessible by any third parties not expressly authorized by the submitting Service Provider, Property Owner, or Fire Department. With the Fire Department’s express written consent, IROL will access reports submitted for the purpose of Initial Reviews, and/or the collection of data needed to support requested analytics. Reports submitted to the Fire Department may be subject to state or federal Freedom of Information Acts (FOIA) requests; however, it is the sole responsibility of the Fire Department to determine if the requested documents are subject to disclosure pursuant to said acts.
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2.5 Retention of data: All reports submitted through IROL are immediately copied to a backup storage device. Once per day a master file backup is performed. Individual reports, accessed through the PDF viewer by each authorized participant, may be downloaded at the discretion of the user. Periodic, and complete file (all Archived Reports) downloads are available on request. If IROL ceases business activities related to the web site, each user will be notified in writing ninety (90) days prior to the site termination. Complete downloads of all archived files will be available at no charge.

2.6 IROL understands the confidential nature of information provided in the completion of any report, and agrees that the report originator, the Property Owner, and the Fire Department, mutually hold ownership of reports.

Article 3: Hardware, Software Requirements & Firewall/Permission Authorities

3.1 The site is web-based software designed to be compatible with all modern browsers, without the need for additional plug-ins or software to install and configure. There are no hardware or software requirements, or any restrictions other than access to the Internet.

3.2 IROL represents and warrants to the Fire Department that the site is secure (SSL certified) and is hosted by a professional T3 hosting site with multiple redundancies and sufficient capacity to provide the services to the Fire Departments, Service Provider’s, and the Property Owner’s within the jurisdiction.

Article 4: Terms and Conditions
This Agreement and subsequent use of the site are subject to IROL’s Terms and Conditions, which will be given to the Authority Having Jurisdiction as a separate attachment with this agreement.

Article 5: Governing Law
This Agreement shall be construed and governed according to the laws of the State of California.

Article 6: Assignability
This Agreement is assignable by IROL with the written consent of the Fire Department, which consent will not be unreasonably withheld. This agreement shall inure to the benefit of and be binding upon the successors and permitted assigns of the parties.

Article 7: Notices:

Unless otherwise notified, written communications between the parties shall be personally delivered or sent by certified mail, return receipt requested as follows:

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To: San Bruno Fire Department To: IROL
555 El Camino Real 1325 Satellite Blvd Suite 1607
San Bruno, CA 94066 Suwanee, GA 300
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ATTACHMENT A: TERMS AND CONDITIONS
These Terms and Conditions of Use (the “Terms and Conditions") are binding on all persons that access the website located at https://www.InspectionReportsOnLine.net (the “Website") without qualifications or exceptions. By entering the Website, the user of this Website (the “User") agrees to be bound by and shall be deemed to have accepted these Terms and Conditions, which the User acknowledges to have read and understood. If the User does not agree to any of the Terms and Conditions, the User may not enter, view, or make use of the Website.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Authority Having Jurisdiction,” “Property Owner,” “Service Provider,” “Authority Having Jurisdiction,” “User,” “You” or “Your,” refers to you; the person accessing this website and accepting the Company’s terms and conditions. “IROL Operations Inc.,” “IROL-LLC.net,” “Inspection Reports Online,” “Ourselves,” “We” and “Us,” refers to our Company. “Party,” “Parties,” or “Us,” refers to both the Authority Having Jurisdiction and we, or either the Authority Having Jurisdiction or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Authority Having Jurisdiction in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Authority Having Jurisdiction’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing United States Law. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore referring to the same. The word “Report” only refers to the life safety reports provided by this web site.

We reserve the right to make any changes to the Website, its content and/or services offered through the Website at any time, and without notice.

The Website is owned by IROL Operations, and the User acknowledges that IROL Operations, or its licensors, are the proprietors of all intellectual property subsisting in, pertaining to, or used on the Website including, without limitation, patents, inventions, copyright, trademarks, goodwill, and trade secrets.

IROL recognizes that this Agreement involves interaction with a public entity. Any oral or written information provided to the city or its employees by IROL may be subject to public inspection under the State of California or other applicable laws and may be subject to records retention laws. If a request for IROL’s information is made, the city will notify IROL of such request. If IROL intends to claim that any such requested documentation is “Confidential Information” or confidential, proprietary, or trade secret information, as identified in Mont.

Code Ann. §30-14-402, or otherwise under applicable law, it will be required to take all steps necessary, including court action, to establish that the information is not subject to public disclosure.

Effective Date
These Terms and Conditions are effective as of 3/26/2024. We reserve the right to change them by posting a revision on this website.
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Privacy Statement
We are committed to protecting your privacy. Authorized employees within the company, on a need-to-know basis, only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers.

United States Law has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible.

Confidentiality
We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by this Company will only be in connection with the provision of agreed services and products. Authority Having Jurisdictions have the right to request sight of, and copies of all Authority Having Jurisdiction Records we keep, on the proviso that we are given reasonable notice of such a request. Information will only be divulged to a third party, if legally required to do so, to the appropriate authorities.

Disclaimer, Exclusions and Limitations
The information on this website is provided on an “as is” basis. To the fullest extent permitted by law, this Company:
 Excludes all representations and warranties relating to this website and its contents, or which is or may be provided by any affiliates or any other third party, including relation to any inaccuracies or omissions in this website and/or the Company’s literature; and
 Excludes all liability for Initial Review services outsourced to in-house, or subcontracted qualified personnel by jurisdictions, or other users.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer are affected.
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Payment
Service Providers: PayPal, all major Credit/Debit cards as listed along with Bankers Draft and ACH transfers are all acceptable methods of payment. Our Terms are payment in full at the time a Report is submitted. Services Providers may modify payments on the Registration Profile page by clicking on the link to change your payment method and selecting from the available payment options. If a Bank Transfer is used as your Payment Method, you are requesting an electronic transfer from your bank account. For these transactions, IROL Operations will make electronic transfers via ACH from your bank account in the amount you specify. You agree that such requests constitute your authorization to IROL Operations to make the transfers. Once you have provided your authorization for the transfer, you will not be able to cancel the electronic transfer. IROL Operations has the right to resubmit any payment to an authorized that is returned for insufficient or uncollected funds.

Unauthorized Transactions
Service Providers: If, for any reason, you feel that an unauthorized transaction has occurred, or an error has been made on your account please contact IROL Operations immediately. An unauthorized transaction is a type of error that occurs when money is sent from your Account that you did not authorize and that did not benefit you. In addition, other errors occur when money is either incorrectly taken from your Account or when transactions are incorrectly recorded. You are responsible for providing accurate information concerning your account and any information regarding payment methods, account numbers, expiration dates, and all other data pertaining to your account. IROL Operations and its affiliates will not be held liable for any false or misleading information provided by you or your representatives.

Identity Authentication
You are responsible for confirming the accuracy of the information you provide about each payment you send. You authorize IROL Operations, directly or through third parties, to make any inquiries we consider necessary to validate your identity. This may include asking you for further information, requiring you to provide a taxpayer identification number, requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying your Information against third party databases or through other sources.

Copyright
All intellectual materials, domain name, and trademarks contained on this Site are subject to the ownership rights of IROL Operations and its affiliates. IROL Operations hereby authorizes you to make a single copy of the content herein for your use in learning about, evaluating, or acquiring IROL Operations services. You agree that any copy made must include IROL Operations copyright notice. No other permission is granted to you to print, copy, reproduce, distribute, transmit, upload, download, store, display in public, alter, or modify the content contained on this Site.
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Waiver, Choice of Law, and Venue
The failure of either party to assert a right hereunder, or to insist upon compliance with any term or condition, will not constitute a waiver of that right, or excuse any subsequent non- performance of any such term or condition by the other party. This Agreement shall be Construed and Enforced according to the laws of the State of Texas. The exclusive jurisdiction and venue for the resolution of all disputes, or the filing of any lawsuit arising out of, or regarding the Service Agreement, shall be the Court of San Franisco, California.

IROL Operations shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fire, accident, explosion, inability to procure or ship product, or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of IROL Operations in the conduct of its business.

These terms and conditions form part of the Agreement between the AHJ and IROL Operations. Your accessing of this website and/or your submittal, review, copy, and email of Report(s) indicates your understanding, agreement to, and acceptance of the Disclaimer Notice and the full Terms and Conditions contained herein. 10 31 of 123
City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: April 22, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Matthew Lee, P.E., Public Works Director
Ana Morales, Management Analyst
SUBJECT: Consider Adoption of a Resolution:
• Accepting the Downtown Trash Receptacles & Newspaper Racks & Enclosures Project as Complete (CIP#60027); and
• Authorizing the Filing of Notice of Completion with the San Mateo Recorder’s Office
BACKGROUND:

In August 2023, the City Council adopted a resolution approving new newspaper racks and enclosures for San Mateo Avenue. These efforts were an extension of the City San Mateo Avenue Conceptual Streetscape Plan1, which was adopted by the City Council in October 2019.

The project was added as a City Council Strategic Initiative in Fiscal Year 2020-212, and formalized as Capital Improvement Program (CIP) Project #60027 (Downtown Trash Receptacles & Newspaper Racks & Enclosures) in the City’s Adopted Fiscal Year 2021- 22 Operating and Capital Improvements Program Budget.

Staff first implemented the trash receptacle portion of the project, which included the purchase and installation of various trash receptacles along San Mateo Avenue’s downtown corridor.

These efforts concluded in Spring 2022. Beginning Winter 2022, staff began working on the newspaper rack and enclosures portion of the project, which included a community engagement voting process for the enclosures to promote accessibility and equitability in the community. The selected newsracks aligned with the design recommendations in San Bruno Municipal Code Section 8.32.040, with all bins optional lockable to prevent misuse, and with coin-operating functionality which could be disabled as needed. To complement the streetscape furnishings aesthetics of the downtown corridor and optimizing long-term maintenance efficiency, both the newspaper racks and their enclosures were painted black.

DISCUSSION:

In mid-June 2024, the new newspaper racks and enclosures were installed at the following four locations (Figure 1):

1. 424 San Mateo Ave (2-bin rack)

2. 464 San Mateo Ave (2-bin rack)
1 sanbruno.ca.gov/DocumentCenter/View/1688/San-Mateo-Avenue-Conceptual-Streetscape-Plan-PDF 2ttps://www.sanbruno.ca.gov/DocumentCenter/View/2426/FY-20-21-Strategic-Intiatives-Update-3-12-21?bidId= 32 of 123
Item 6f.

Honorable Mayor and Members of the City Council
April 22, 2025

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2 2
9 3. 487 San Mateo Ave (4-bin rack)

4. 501 San Mateo Ave (4-bin rack)
Figure 1: New Newspaper Racks

424 San Mateo Ave 464 San Mateo Ave
487 San Mateo Ave 501 San Mateo Ave
As part of the installation process, staff provided public notices to existing and potential newspaper vendors to inform them of the transition and request that they seek a permit from the Public Works Department in order to utilize the new newspaper racks.

The installation work was completed within three days to the satisfaction of the City’s project management team. There are no unresolved issues, notices, or claims for this project. Staff recommends that the City Council accept the project as complete and authorize filing a Notice of Completion with the San Mateo County Recorder’s Office. 33 of 123
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9 FISCAL IMPACT:

The total approved budget was $235,000, which included the purchase and installation of trash receptacles, newspaper racks and newspaper rack enclosures, in addition to staff project management. As detailed below, the total expenditure was approximately $206,000.00. The project is funded by AB939, Equipment Reserve funds, and Transportation Facilities Impact Fee Funds, and has a realized cost savings of approximately $29,000. The project cost savings can be returned to the funding sources listed above.

The project costs are as follows:

Project Management (City staff) $ 1,684.57
Trash Receptacles $ 130,097.20
Newspaper Racks & Enclosures $ 74,541.94
Estimated Total Project Cost (Rounded) $ 206,324.00
ENVIRONMENTAL IMPACT:

The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION:

Adopt a Resolution:
• Accepting the Downtown Trash Receptacles & Newspaper Racks & Enclosures Project as Complete (CIP#60027); and
• Authorizing the Filing of Notice of Completion with the San Mateo Recorder’s Office

ALTERNATIVES:

1. Do not accept the project as complete and do not authorize filing of a Notice of Completion.

ATTACHMENTS:

1. Resolution

2. CIP Sheet

3. Project Acceptance
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1 RESOLUTION NO. 2025 - __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO ACCEPTING THE

DOWNTOWN TRASH RECEPTACLES & NEWSPAPER RACKS & ENCLOSURES PROJECT

AS COMPLETE AND AUTHORIZING THE FILING OF NOTICE OF COMPLETION WITH THE SAN MATEO COUNTY RECORDER’S OFFICE
WHEREAS, the Downtown Trash Receptacles & Newspaper Racks & Enclosures project (Project) is an established Capital Improvement Program (CIP) project funded through the FY 2023-24 CIP budget with a total approved project budget of $235,000 which included the purchase and installation of trash receptacles, newspaper racks, newspaper rack enclosures, and staff project management; and
WHEREAS, the total expenditure for the Project is approximately $206,000; WHEREAS, the Project is funded through the Fiscal Year 2023-24 CIP budget and has a realized cost savings of approximately $29,000; and
WHEREAS, all installation work as part of this Project has been completed to the satisfaction of the City’s project management team.

NOW, THEREFORE, BE IT RESOLVED that the City Council accepts the Downtown Trash Receptacles & Newspaper Racks & Enclosures Project as complete and authorizes the filing of a Notice of Completion with the San Mateo County Recorder’s Office. ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on April 22, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
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ATTACHMENT 1
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ATTACHMENT 2
1 PUBLIC WORKS DEPARTMENT
Capital Improvement Program
Project Acceptance Information Form
As of April 22, 2025:

Project Information:

Contract Name:

Downtown Trash Receptacles
& Newspaper Racks &
Enclosures Project
Contract No.: 60027
Installation
Contractor: Kwan Wo Ironworks Inc.

Installation
Management and
Inspection Services
City Staff
Project Description: The Project consists of improving the San Bruno downtown corridor by installing trash receptacles and newspaper racks and enclosures along San Mateo Avenue.

Installation Contract
Award: January 5, 2024
Start of Installation: June 2024
Contract Change
Orders (CCO):

One change order was issued to Kwan Wo Ironworks Inc. during the installation due to work scope changes by the City. The change order was for the inclusion of Verify in Field (VIF) services for the newspaper rack enclosures.

Substantial
Completion: June 2024
Final Completion: June 2024
Notice of
Completion: Scheduled for filing on April 25, 2025
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ATTACHMENT 3
2 Project Costs:

Budget Actual
(Estimated)
TOTAL PROJECT $235,000 $206,324.00
Trash Receptacles - $130,097.20
Newspaper Racks & Enclosures - $72,186.74
Contingency N/A N/A
Staff Time $1,684.57
Change Order - $2,355.20
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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: April 22, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Alex D. McIntyre, City Manager
PREPARED BY: Travis M. Karlen, Community Services Director SUBJECT: Consider the Adoption of a Resolution Authorizing the City Manager to Execute a Sole Source Contract for the Posy Park Fountain Restoration in an amount not to exceed $504,375; and Approving a Project Contingency of $50,000; Determining the Project is Exempt Under the California Environmental Quality Act.

BACKGROUND:

Posy Park is a street-level public plaza located adjacent to the Caltrain Station in downtown San Bruno. Originally developed between 2010 and 2014 as part of the San Bruno Grade Separation Project, the park features a pedestrian ramp and a tiered water fountain that was
envisioned as a defining gateway feature for the city. However, shortly after its completion, the fountain began to exhibit structural defects, including cracks in the concrete, exposed rebar, and waterproofing failures. Due to these persistent issues, the fountain was decommissioned in 2016 and has remained inoperative since that time.

In April 2021, the City Council considered several conceptual designs to revitalize Posy Park and selected a design estimated at $500,000. This plan focused on repurposing the fountain basins as planters, incorporating a public art installation, and enhancing landscaping and seating to create a more inviting public space. The purpose of the renovation was to transform a largely hardscaped and underutilized area into a welcoming, vibrant plaza that would serve both commuters and the general public. The project was included as an unfunded initiative in the Fiscal Year 2021-22 Capital Budget and was identified as a City Council Strategic Priority.

To support this effort, City Council appropriated $375,000 from the Park In-Lieu Fund, which was later replaced by an allocation from the General Fund Capital Reserve following the dissolution of the Park In-Lieu Fund. Additionally, the City successfully secured a $200,000 Measure K grant to help fund the project. Due to changes in staffing, the project was placed on
hold but was reactivated in Fall 2023.

As part of the project’s reactivation in 2023-24, staff conducted a technical evaluation of the feasibility of converting the fountain into planters. This review raised multiple concerns, including the lack of existing irrigation infrastructure near the fountain basins, the unsuitability of the existing drainage system which flows into the sanitary sewer rather than the storm system, and the insufficient depth of the basins to support healthy plant root development. Furthermore, the fountain's shallow and sloped basins posed ongoing maintenance and plant health risks due to poor water drainage and root rot potential.
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Item 6g.

Honorable Mayor and Members of the City Council
April 22, 2025

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3 On October 10, 2024, the City Council approved a resolution revising the scope of work for the Posy Park Improvement Project to repair the fountain including a resurface, water proofing, and reimagining the fountain.

DISCUSSION:

Considering the findings regarding the fountain, staff engaged Waterworks Industries, Inc., the contractor that was involved with the original installation of the fountain, to conduct an in-depth assessment of the structure. Over multiple years, WaterWorks identified problems with the fountain, including broken pipes beneath the upper fountain basins, rusting caused by failed waterproofing, and nozzle positioning issues that led to discoloration.

After further consultation, staff determined that restoring the fountain and integrating it into the new park design was the most appropriate and sustainable course of action. The revised project scope includes full repair of the water delivery system, repair and filling of the rusted areas, resurfacing, and waterproofing of the existing fountain.

City staff have conducted multiple efforts to locate and review as-built documentation for the fountain project, but these efforts have not been successful in producing sufficient or usable records. Due to the lack of comprehensive design documentation, a service provider with direct, project-specific knowledge is necessary to ensure continuity, efficiency, and accuracy in any further work on the fountain.

WaterWorks has developed a functional and detailed understanding of the fountain’s design and operational requirements as a result of its ongoing involvement with the City on this specific
project. This existing relationship and familiarity with the unique design elements position WaterWorks as the only vendor capable of performing the required services without incurring significant delays, redundancies, or added costs associated with onboarding a new contractor.

For these reasons, WaterWorks is the only responsible source that can meet the City's needs for this project in a timely and effective manner. Staff are recommending an agreement with Waterworks Industries, Inc. for the repairs and updates to the fountain.

The recommendation for a sole source agreement can further be supported by the following:

Unique Knowledge of the Site and Original Installation
WaterWorks was instrumental in the original installation of the Posy Park Fountain and, as such, possesses unparalleled familiarity with the site conditions, construction methods, and installation details. This site-specific knowledge enables them to accurately identify issues,
avoid redundant investigative work, and carry out repairs that are both efficient and consistent with the original design intent. As a result, WaterWorks has a heightened level of embedded project insight.

Proven Experience with Original Installation Materials and Methods WaterWorks possesses detailed knowledge of the materials and products used in the original construction of the Posy Park Fountain, including specific insight into the performance issues associated with the waterproofing materials installed by a subsequent contractor. During the 40 of 123
Honorable Mayor and Members of the City Council
April 22, 2025

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9 8
3 original installation, WaterWorks advised against the use of the specified waterproofing products, citing concerns about their quality and suitability for the application. Their early identification of these deficiencies highlights their technical expertise and attention to detail. This specialized knowledge is critical to ensuring that the upcoming repair work utilizes the correct materials and methods—safeguarding the long-term functionality and structural integrity of the fountain.

Demonstrated Commitment to Restoration
WaterWorks has shown an ongoing commitment to restoring the Posy Park Fountain to its original purpose and design. Their prior involvement and continued interest in the project reflect a vested dedication to the success of the restoration. This level of engagement ensures that repairs will be completed not only to technical specifications but also with an appreciation for the fountain’s historical and community significance. WaterWorks onsite and institutional knowledge and familiarity with the specific systems and materials originally used in construction of the project makes them uniquely able to perform the work.

No Other Contractor Possesses Comparable Expertise
Due to WaterWorks’ direct involvement in the fountain’s original construction and their continuous relationship with the City on this project, their depth of understanding or experience is at a high level. WaterWorks is uniquely qualified to perform the work and is the only known source by staff capable of meeting the City’s specific requirements.

Based on the above factors, it is recommended that the Posy Park Fountain repair work be awarded to Waterworks through a sole-source procurement process. Their exceptional qualifications and deep understanding of the site and original installation make them the ideal candidate for this project. Awarding the repair work to Waterworks will ensure that the fountain is restored to its original design with minor enhancements.

FISCAL IMPACT:

The fiscal impact associated with this recommendation is a total estimated project cost not to exceed $504,375. Funding in the amount of $500,000 has been appropriated by the City Council through Park-in-Lieu fees and Measure K funding. The City Council also approved $75,000 in contingency for the overall improvements to Posy Park at their October 10, 2024, meeting.

Staff are recommending a contingency for this project in the amount not to exceed $50,000. The allocation of funding and contingency are expected to be sufficient for the repairs needed to the fountain.

ENVIRONMENTAL IMPACT:

The Project is exempt from the California Environmental Quality Act (CEQA).

RECOMMENDATION:

Adopt a Resolution:
 Authorizing the City Manager to execute a Sole Source Contract for the Posy Park Fountain Restoration in an amount not to exceed $504,375;  Approving a project contingency of $50,000;
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3  Determining the project is exempt under the California Environmental Quality Act.

ALTERNATIVES:

Reject the staff recommendation for a sole source contract and require the issuance of an RFP.

ATTACHMENTS:

1. Resolution

2. CIP Budget Sheets for the Project

3. Contract with Waterworks Industries Inc.
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RESOLUTION NO. 2025 - __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AUTHORIZING

THE CITY MANAGER TO EXECUTE A SOLE SOURCE CONTRACT FOR THE POSY PARK FOUNTAIN RESTORATION IN THE AMOUT NOT TO EXCEED $504,375, APPROVING A CONSTRUCTION CONTINGENCY OF $50,000 AND DETERMINING THE PROJECT IS

EXEMPT UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT
WHEREAS, in 2021, funding was secured in the amount of $575,000 through a combination of Measure K grant funding and Park-in-Lieu Funding for upgrades and repairs to Posy Park; and
WHEREAS, the project was placed on hold due to other priorities and staffing changes; and
WHEREAS, in Fall 2023, staff revisited the project and began work in reviewing the scope of work presented in 2021 which included reuse of the fountain as planters, new site furnishings, updates to landscaped areas and public art; and
WHEREAS, City Council approved a revised scope of work in October 2024 to include updates and repairs to the fountain; and
WHEREAS, WaterWorks was instrumental in the original installation of the Posy Park Fountain and, as such, possesses unparalleled familiarity with the site conditions, construction methods, and installation details; and
WHEREAS, This site-specific knowledge enables them to accurately identify issues, avoid redundant investigative work, and carry out repairs that are both efficient and consistent with the original design intent; and
WHEREAS, WaterWorks possesses detailed knowledge of the materials and products used in the original construction of the Posy Park Fountain; and WHEREAS, WaterWorks has shown an ongoing commitment to restoring the Posy Park Fountain to its original purpose and design. Their prior involvement and continued interest in the project reflect a vested dedication to the success of the restoration; and WHEREAS, Due to WaterWorks’ direct involvement in the fountain’s original construction and their continuous relationship with the City on this project, their depth of understanding or experience is at a high level. WaterWorks is uniquely qualified to perform the work and is the only known source by staff capable of meeting the City’s specific requirements; and
WHEREAS, Based on the above factors, it is recommended that the Posy Park Fountain repair work be awarded to Waterworks through a sole-source procurement process.

NOW, THEREFORE, BE IT RESOLVED that the San Bruno City Council hereby:

1. Authorizes the City Manager to execute a Sole Source Contract for the Posy Park Fountain Restoration as part of the Posy Park Improvement Project in an amount not to exceed $504,375;
1 43 of 123
ATTACHMENT 1

2. Approve a construction contingency not to exceed $50,000;

3. Determines the project is exempt under the California Environmental Quality Act. ---oOo---
I hereby certify that foregoing Resolution No. 2025 - __ was introduced and adopted by the San Bruno City Council at a regular meeting on April 22, 2025, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:
_________________________________
Lupita Huerta, City Clerk
2 44 of 123

COMMUNITY SERVICES DEPARTMENT
Posy Park Fountain Repairs – WATERWORKS
General Services Agreement between City of San Bruno and Waterworks for 1 | P a g e Posy Park Fountain Repairs

GENERAL SERVICES AGREEMENT
This Agreement is made and entered into between the City of San Bruno ("City"), a municipal corporation, and Waterworks Industries Inc (“Contractor”), as of . In consideration of their mutual covenants, the
parties hereto agree as follows:

1. Scope of Work . Subject to the terms and conditions of this Agreement, Contractor shall provide those services described in Exhibit A, to generally include plumbing, waterproofing, painting, and all necessary tasks and responsibilities associated with repairs to the Posy Park Fountain repairs project as outlined in Exhibit A.

2. Payment Terms. For the services described in Exhibit A, the City agrees to pay Contractor a total amount that shall not exceed Five Hundred Four Thousand, Three Hundred Seventy-Five Dollars ($504,375.00) which amount shall include all expenses. Contractor shall submit progress billings on a monthly basis, if applicable.

Contractor’s bill shall include the following information for the project: a brief description of services performed, the date the services were performed, the number of hours spent and by whom, a brief description of any costs incurred, percent completion to date of each task and subtask, total of prior billings, amount for billing period, total billing to date. In no event shall Contractor submit any billing for an amount in excess of the maximum amount of compensation provided for in this section.

3. Term of Performance . Contractor shall begin performing the services set forth in Exhibit A as soon as he or she is notified by the City. Contractor shall thereafter perform and complete all services by no later than December 31, 2025.

4. Independent Contractor. At all times during the term of this Agreement, Contractor, its employees and agents shall be independent contractors and not employees or agents of the City. Contractor, its employees and agents shall have no authority, express or implied, to bind the City to any obligation whatsoever.

5. Assignment and Subcontracting. It is recognized by the parties hereto that a substantial inducement to City for entering into this agreement was, and is, the qualifications and competence of Contractor. Therefore, Contractor shall not subcontract, assign or transfer any portion of the performance contemplated and provided for in this Agreement without the approval of the City Manager. Contractor shall not subcontract any portion of the performance contemplated and provided for herein without prior written approval of the City.

6. Indemnification . To the fullest extent permitted by law, Contractor shall defend (with legal counsel reasonably acceptable to the City), indemnify and hold harmless City and its Council, officers, agents, departments, officials, representatives and 45 of 123
ATTACHMENT 2

COMMUNITY SERVICES DEPARTMENT
Posy Park Fountain Repairs – WATERWORKS
General Services Agreement between City of San Bruno and Waterworks for 2 | P a g e Posy Park Fountain Repairs
employees (collectively “Indemnitees”) from and against any and all claims, suits, actions, losses, costs, damages, injuries (including, without limitation, economic harm, injury to or death of an employee of Contractor or its Subcontractors), expenses and liabilities of every kind, nature and description, at law or equity (including, without limitation, incidental and consequential damages), and reasonable attorneys’ fees and costs, litigation expenses, court costs, and fees of expert consultants or expert witnesses, and costs of investigation (collectively “Defense Costs”) that arise from, relate to or pertain to, directly or indirectly, in whole or in part, any negligent or reckless act or omission or any willful misconduct of Contractor, any Subcontractor, anyone directly or indirectly employed by them, or anyone that they control (collectively “Liabilities”). Contractor shall pay and satisfy any judgment, award or decree that may be rendered against the Indemnitees except to the extent that liability is caused by the Indemnitees’ sole negligence, active negligence, or willful misconduct, but shall apply to all other Liabilities.

Notwithstanding the foregoing, nothing herein shall be construed to require Contractor to defend or indemnify the Indemnified Parties from any Claim arising from the sole negligence, active negligence, or willful misconduct of the Indemnified Parties.

This Section 9 shall be interpreted and applied to be consistent with the limitations in Civil Code sections 2782 and 2782.8. Nothing in this indemnity shall be construed as authorizing any award of attorney’s fees in any action on or to enforce the terms of this Agreement. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as a limitation upon the amount of indemnification to be provided by the Contractor.

7. Insurance. Throughout the term of this Agreement, Contractor shall obtain and maintain, at its own expense, the minimum insurance coverage set forth below. The City and its elected officials, officers, and employees shall be named as additional insureds on all policies. This Agreement is expressly contingent upon the insurance requirements being met, and this Agreement shall not be complete and no work may commence until Contractor has provided adequate proof of insurance. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII.
(a) Statutory Worker’s Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly for Contractor with limits not less than $2,000,000.
(b) Commercial General and Automobile Liability insurance in an amount not less than $2,000,000 per occurrence.

If applicable, Contractor shall not allow any subcontractors to commence work on any subcontract until all insurance required of the Contractor has also been obtained for the subcontractor in the amounts indicated herein.
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COMMUNITY SERVICES DEPARTMENT
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General Services Agreement between City of San Bruno and Waterworks for 3 | P a g e Posy Park Fountain Repairs

8. Nondiscrimination and Equal Opportunity . During the performance of this Agreement, Contractor shall not discriminate against an employee or applicant for employment because of race, religion, creed, color, national origin, sex, sexual orientation or age.

9. Documents. If applicable, Contractor shall deliver to the City, on request of the City Manager, copies of all original papers, documents and any other materials, in electronic or any other form, prepared by Contractor pursuant to this Agreement.

10. Licenses. If a license of any kind, which term is intended to include evidence of registration, is required of Contractor, its employees, agents or subcontractors by federal or state law, Contractor warrants that such license has been obtained, is valid and in good standing, and Contractor shall keep it in effect at all times during the term of this Agreement, and that any applicable bond has been posted in accordance with all applicable laws and regulations.

11. Time is of the Essence. Contractor agrees to diligently prosecute the services to be provided under this Agreement to completion and in accordance with the schedule specified in Exhibit A. In the performance of this agreement, time is of the essence.

12. Termination. This Agreement may be terminated or suspended by the City upon fifteen (15) days written notice. Upon receipt of such notice from the City, Contractor shall immediately stop all work under this Agreement. In the event of termination by the City, Contractor shall be entitled to payment on a pro rata basis for the services performed as of the date of termination, to the extent they were performed in accordance with this Agreement.

13. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

14. Contract Administration and Notice . This Agreement shall be administered on behalf of the City by Community Services Director. Any written notice between the parties shall be sent to:

City of San Bruno
Attention: Travis M. Karlen, Director
Community Services Department
567 El Camino Real
San Bruno, CA 94066
Contractor
Waterworks Industries, Inc.

Attention: Mathais Toupin
930 Shiloh Road, Bldg. 38 St. D
Windsor, CA 95492

15. Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, represents the entire and integrated agreement between City and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. Where the terms and conditions set forth in 47 of 123

COMMUNITY SERVICES DEPARTMENT
Posy Park Fountain Repairs – WATERWORKS
General Services Agreement between City of San Bruno and Waterworks for 4 | P a g e Posy Park Fountain Repairs
Exhibit A conflict with the terms and conditions of this Agreement, the terms and conditions of this Agreement shall prevail. This Agreement may be modified or amended only by a subsequent written agreement signed by both parties.

16. Miscellaneous. The laws of the State of California shall govern this Agreement and all matters relating to it and venue for state court shall be in Redwood City and for federal court in San Francisco. In the performance of this Agreement, Contractor shall abide by and conform to any and all applicable laws, including, but not limited to the San Bruno Municipal Code.

17. Prevailing Wage. This work is subject to prevailing wage. The Contractor shall comply with all California State laws and Department of Industrial Relations relating to employment and wages. The hourly wages to be paid for laborers, workers, or mechanics shall not be less than the prevailing rates for a hour’s work in the same trade or occupation in San Mateo County.
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COMMUNITY SERVICES DEPARTMENT
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General Services Agreement between City of San Bruno and Waterworks for 5 | P a g e Posy Park Fountain Repairs
IN WITNESS HEREOF, the parties have caused their authorized representatives to execute this Agreement on ____________________. This Contract is not valid until signed by all parties below.

CONTRACTOR CITY
Mathais Toupin, President Alex McIntyre, City Manager
Waterworks Industries Inc. City of San Bruno
94-3145012
Contractor’s Tax I.D. Number
___________________________
Contractor’s San Bruno Business License Number
APPROVED AS TO FORM:

Trisha Ortiz, City Attorney
ATTEST:

Lupita Huerta, City Clerk
Attachments: A – Project Description & Scope of Services B – Compensation Schedule
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COMMUNITY SERVICES DEPARTMENT
Posy Park Fountain Repairs – WATERWORKS
General Services Agreement between City of San Bruno and Waterworks for 6 | P a g e Posy Park Fountain Repairs

EXHIBIT A - SCOPE OF WORK

SAN BRUNO GRADE SEPARATION WATER FEATURE AND

THE POSY PARK FOUNTAIN REPAIRS
This scope of work outlines the repair of the San Bruno Grade Separation Water Feature, including plumbing repairs to address leaks in basins 1 & 3, waterproofing membrane replacement at basins, runnel, and weirs, modifications to fountain nozzles in lower basins, painting of the water feature surfaces, and installation of keystone mosaic tile at each spillway with stainless steel weir. The project includes a one-year warranty on installation and materials, submittals, O&M manuals, and payment performance bonds, with specific exclusions such as demolition beyond the outlined scope, electrical work, maintenance, and permits.

1. WATER FEATURE REPAIR OUTLINE & FOUNTAIN REPAIRS
A. Plumbing Repairs
 Repressurize plumbing to confirm previously located leaks within basins 1 & 3 of the runnel system per the graphic below.
 Demo portions of the floor of basins 1 & 3 to locate and repair leaks at each.  Provide and install 3000 psi concrete and refinish areas of the floor that were demolished including any reinforcement that was affected.