San Mateo City Council
March 21, 2022

1.0 INTRODUCTION
This Biological Resources Technical Report, prepared by WRA, Inc. (WRA), evaluates existing biological resources, potential impacts, and mitigation measures (if required) for the Poplar at Golf Course Trash Capture Project located in the City of San Mateo, San Mateo County, California ( Figure 1, Appendix A) .

The proposed project (Project) involves the installation of an approximately 489-square-foot (0.011 acre) Full Capture System trash capture device approved by the State Water Board, and the construction of an approximately 864-square-foot (0.02 acre) staging area that would be installed on the northwest side of Poplar Creek. The staging area would be graded to form a permanent, permeable asphalt maintenance pad to allow for stormwater percolation while maintaining continued access to the trash capture device for required maintenance. Implementation of approximately 1,000 square f eet (0.02 acre) of stream enhancement in the form of riparian vegetation planting is also proposed as part of this project within the Poplar Creek Golf Course.

1.1 Overview and Purpose
This report provides an assessment of biological resources within the Project Area and immediate vicinity.

The assessment included a reconnaissance -level site visit to assess plant, wildlife, and other features relevant to the biological resources present on the Project Area . The purpose of the assessment was to develop and gather information on sensitive biological communities and special-status plant and wildlife species to support an evaluation of the Project under the California Environmental Quality Act (CEQA) .

This report describes the results of the site visit, which assessed the Project Area for (1) the presence of sensitive biological communities, special-status plant species, and special -status wildlife species, (2) the potential for the site to support special -status plant and wildlife species. Based on the results of the site assessment, potential impacts to sensitive biological communities and special- status species resulting from the proposed project were evaluated. If the project has the potential to result in significant impacts to these biological resources, measures to avoid, minimize, or mitigate for those significant impacts are described.

A biological resources assessment provides general information on the presence, or potential presence, of sensitive species and habitats. This assessment is based on information available at the time of the study and on-site conditions that were observed on the dates the site was visited. Conclusions are based on currently available information used in combination with the professional judgement of the biologists completing this study.

1.2 Project Description
The City of San Mateo is planning to install a full trash capture device at the Poplar Golf Course to help reduce trash loads in the storm drain system and comply with Provision C.10 of the Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit. The proposed Project would install a trash capture device composed of four Roscoe Moss Storm Flo® Trash Screen Linear Radial Gross Solids Removal Devices, a Full Capture System device approved by the State Water Board. Each of the four Storm Flo® screens would be made of stainless steel and would be approximately 18 inches in diameter and 35 feet long. The four screens would be prefabricated and would be installed at 2-foot intervals along a 3-foot high by 1-foot-thick concrete weir wall and would be secured with stainless steel anchor plates.

This trash capture device would involve approximately 489 square feet (0.011 acre) installed below top of bank (TOB) into a concrete lined channel of Poplar Creek.

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The proposed Project would involve removing and replacing an approximately 10-foot by 30-foot section of the existing concrete channel with new concrete and a reinforced concrete weir. The trash capture screens would attach to the weir with epoxy anchors. Once installed, each Storm Flo® screen would capture solids as water passes through.

Prior to the commencement of construction activities, the creek would be dewatered using two temporary cofferdams. Construction of the trash capture device would requir e use of an excavator, skidsteer, pickup trucks, a 10-wheel dump truck, and a telehandler. The excavator or skidsteer would need to operate within the channel to remove the section of the existing concrete-lined channel (both sides) to be replaced by the proposed Project. All other equipment operations would be conducted from outside/above the creek.

An approximately 864-square-foot (0.02 acre) staging area would be installed on the northwest side of Poplar Creek. The staging area would be graded to form a permanent, permeable asphalt maintenance pad to allow for stormwater percolation while maintaining continued access to the trash capture device for required maintenance.

In order to minimize impacts to aquatic resources, the project also includes approximately 1,000 square feet (0.02 acre) of stream enhancements located approximately 0.03 mile downstream of the trash capture device installation site. These enhancements will include n ative plant and tree installation in a turf/landscaped area along Poplar Creek within the Poplar Creek Golf Course.

The construction duration would be two months (approximately 40 working days) with construction tentatively beginning and completing the Spring of 2022. No weekend or nighttime work would occur.

1.3 Summary of Results
The surface s of the Project Area and immediate surrounding areas have been rendered largely impermeable by the construction of the concrete lined channel (Poplar Creek), buildings, maintenance lots, and surrounding streets. There is a small area of mixed ornamental woodland along the southern edge of the channel, and a strip of ruderal upland area that extends along the northwestern edge of the channel. The soils throughout the Project Area are classified as Urban land-Orthents, reclaimed complex, which is a soil comprised of fill materials mixed with native clay inclusions.

The Project Area is composed of the following communities, ruderal upland, mixed ornamental woodland, developed, and intermittent stream. Poplar Creek is identified in the National Wetlands Inventory (NWI) as an intermittent stream. The channel was observed to be fully concrete lined in the banks and bed in the entire Project Area. The cement bottom precludes vegetation from establishing.

No special -status plant species have the potential to occur within the Project Area . The nearest documented species, Franciscan onion (Allium peninsulare var. franciscanum), was documented within 2 miles of the Project Area. Non-status birds with baseline legal protections, as well as roosting bats, have the potential to occur in the Project Area. No special-status species documented in the vicinity have the potential to occur within the Project Area. Avoidance and minimization measures and best management practices have been developed and provided herein to avoid and minimize impacts to these resources.

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TABLE 1. SUMMARY OF BIOLOGICAL RESOURCES EVALUATION

CEQA ASSESSMENT
CATEGORY1IV. -BIOLOGICAL

RESOURCES

BIOLOGICAL RESOURCES

CONSIDERED

RELEVANT LAWS AND

REGULATIONS

RESPONSIBLE REGULATORY
AGENCY

SUMMARY OF FINDINGS &
REPORT SECTION2
Question A. Special-status
species
Special-status Plants
Special-status Wildlife
Designated Critical Habitat
Federal Endangered Species
Act
California Endangered
Species Act
California Native Plant
Protection Act
Migratory Bird Treaty Act
Bald and Golden Eagle
Protection Act
U.S. Fish and Wildlife Service
National Marine Fisheries
Service
California Department of
Fish and Wildlife
Potentially significant
impacts were identified and
mitigation measures
included that reduce those
impacts to a level that is less
than significant.

See Section 7.1 for more
information
Question B. Sensitive natural
communities & riparian
habitat
Sensitive Natural
Communities
Streams, Lakes, & Riparian
Habitat
California Fish and Game
Code
Oak Woodland Conservation
Act
Porter-Cologne Act
Clean Water Act
California Department of
Fish and Wildlife
U.S. Army Corps of Engineers
U.S. Environmental
Protection Agency
State Water Resources
Control Board
Regional Water Quality
Control Board
Potentially significant
impacts were not identified.

See Section 7.2 for more
information
Question C. State and
federally protected wetlands
Wetlands
Unvegetated surface waters
Clean Water Act Sections
404/401
Rivers and Harbors Act
Section 10
Porter Cologne Act
U.S. Army Corps of Engineers
U.S. Environmental
Protection Agency
State Water Resources
Control Board
Regional Water Quality
Control Board
Potentially significant
impacts were not identified.

See Section 7.3 for more
information
Question D. Fish & wildlife
corridors
Essential Fish Habitat
Wildlife Corridors
California Fish and Game
Code
Magnuson-Stevens Fishery
Conservation &
Management Act
California Department of
Fish and Wildlife
National Marine Fisheries
Service
Potentially significant
impacts were not identified.

See Section 7.4 for more
information

1 CEQA Questions have been summarized here; see Section 6.0 for details. 2 As given in this report; see Section 7.0 subheadings
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TABLE 1. SUMMARY OF BIOLOGICAL RESOURCES EVALUATION

CEQA ASSESSMENT
CATEGORY1IV. -BIOLOGICAL

RESOURCES

BIOLOGICAL RESOURCES

CONSIDERED

RELEVANT LAWS AND

REGULATIONS

RESPONSIBLE REGULATORY
AGENCY

SUMMARY OF FINDINGS &
REPORT SECTION2
Question E. Local policies Protected Trees
Coastal zone resources
Other biological protections
Local Tree Ordinance
General Plan (e.g., Stream &
Wetland Setbacks)
Local ordinances
Local and regional agencies
California Coastal
Commission
San Francisco Bay
Conservation and
Development Commission
Potentially significant
impacts were not identified.

See Section 7.5 for more
information
Question F. Local, state,
federal conservation plans
Habitat Conservation Plans
Natural Community
Conservation Plans
Federal Endangered Species
Act
Natural Community
Conservation Planning Act
U.S. Fish and Wildlife Service
California Department of
Fish and Wildlife
Potentially significant
impacts were not identified.

See Section 7.6 for more
information

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2.0 REGULATORY BACKGROUND
The following sections explain the regulatory context of the biological assessment, including applicable laws and regulations that were applied to the field investigations and analysis of potential project impacts.

Table 1 shows the c orrelation between these regulations and each Biological Resources question in the Environmental Checklist Form (Appendix G) of the CEQA guidelines.

2.1 Federal and State Regulatory Setting

2.1.1 Vegetation and Aquatic Communities
CEQA provides protections for particular vegetation types defined as sensitive by the California Department of Fish and Game (CDFW), and aquatic communities protected by laws and regulations administered by the U.S Army Corps of Engineers (Corps), State Water Resources Control Board (SWRCB), and Regional Water Quality Control Boards (RWQCB). The laws and regulations that provide protection for these resources are summarized below.

Sensitive Natural Communities: Sensitive natural communities include habitats that fulfill special functions or have special values. Natural communities considered sensitive are those identified in local or regional plans, policies, regulations, or by the CDFW. CDFW ranks sensitive communities as "threatened" or "very threatened" (CDFW 2021a) and keeps records of their occurrences in its California Natural Diversity Database (CNDDB; CDFW 2021b). Vegetation alliances are ranked 1 through 5 in the CNDDB based on NatureServe's (2021) methodology, with those alliances ranked globally (G) or statewide (S) as 1 through 3 considered sensitive. Impacts to sensitive natural communities identified in local or regional plans, policies, or regulations or those identified by the CDFW or U .S. Fish and Wildlife Service (USFWS) must be considered and evaluated under CEQA (CCR Title 14, Div. 6, Chap. 3, Appendix G). In addition, this general class includes oak woodlands that are protected by local ordinances under the Oak Woodlands Protection Act.

Waters of the United States, Including Wetlands: The Corps regulates “Waters of the United States” under Section 404 of the Clean Water Act (CWA). Waters of the United States are defined in the Code of Federal Regulations (CFR) as including the territorial seas, and waters which are currently used, or were used in the past, or may be susceptible to use in interstate or foreign commerce, such as tributaries, lakes and ponds, impoundments of waters of the U.S., and wetlands that are hydrologically connected w ith these navigable features (33 CFR 328.3). Potential wetland areas, according to the three criteria used to delineate wetlands as defined in the U.S. Army Corps of Engineers Wetlands Delineation Manual (Corps Manual; Environmental Laboratory 1987) , are identified by the presence of (1) hydrophytic vegetation, (2) hydric soils, and (3) wetland hydrology. Unvegetated waters including lakes, rivers, and streams may also be subject to Section 404 jurisdiction and are characterized by an ordinary high water mark (OHWM) identified based on field indicators such as the lack of vegetation, sorting of sediments, and other indicators of flowing or standing water. The placement of fill material into Waters of the United States generally requires a permit from the Corps under Section 404 of the CWA.

The Corps also regulates construction in navigable waterways of the U.S. through Section 10 of the Rivers and Harbors Act (RHA) of 1899 (33 USC 403). Section 10 of the RHA requires Corps approval and a permit for excavation or fill, or alteration or modification of the course, location, condition, or capacity of, any port, roadstead, haven, harbor, canal, lake, harbor or refuge, or enclosure within the limits of any breakwater, or of the channel of any navigable water of the United States. Section 10 requirements apply DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 187 of 662
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only to navigable waters themselves, and are not applicable to tributaries, adjacent wetlands, and similar aquatic features not capable of supporting interstate commerce.

Waters of the State, Including Wetlands: The term “Waters of the State” is defined by the Porter-Cologne Act as “any surface water or groundwater, including saline waters, within the boundaries of the state.” The SWRCB and nine RWQCB protect waters within this broad regulatory scope through many different regulatory programs. Waters of the State in the context of a CEQA Biological Resources evaluation include wetlands and other surface waters protected by the State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State (SWRCB 2019). The SWRCB and RWQCB issue permits for the discharge of fill material into surface waters through the State Water Quality Certification Program, which fulfills requirements of Section 401 of the C WA and the Porter -Cologne Water Quality Control Act. Projects that require a Clean Water Act permit are also required to obtain a Water Quality Certification. If a proj ect does not require a federal permit but does involve discharge of dredge or fill material into surface waters of the State, the SWRCB and RWQCB may issue a permit in the form of Waste Discharge Requirements.

Sections 1600-1616 of California Fish and Gam e Code: Streams and lakes, as habitat for fish and wildlife species, are regulated by CDFW under Sections 1600 -1616 of California Fish and Game Code (CFGC).

Alterations to or work within or adjacent to streambeds or lakes generally require a 1602 Lake and Streambed Alteration Agreement. The term “stream,” which includes creeks and rivers, is defined in the California Code of Regulations (CCR) as “a body of water that flows at least periodically or intermittently through a bed or channel having banks and sup ports fish or other aquatic life [including] watercourses having a surface or subsurface flow that supports or has supported riparian vegetation” (14 CCR 1.72).

The term “stream” can include ephemeral streams, dry washes, watercourses with subsurface flows, canals, aqueducts, irrigation ditches, and other means of water conveyance if they support aquatic life, riparian vegetation, or stream -dependent terrestrial wildlife (CDFG 1994). Riparian vegetation has been defined as “vegetation which occurs in and/or adjacent to a stream and is dependent on, and occurs because of, the stream itself” (CDFG 1994) . Removal of riparian vegetation also requires a Section 1602 Lake and Streambed Alteration Agreement from CDFW.

2.1.2 Special-status Species
Endangered and Threatened Plants, Fish, and Wildlife. Specific species of plants, fish, and wildlife species may be designated as threatened or endangered by the federal Endangered Species Act (ESA), or the California Endangered Species Act (CESA). Specific protections and permit ting mechanisms for these species differ under each of these acts, and a species’ designation under one law does not automatically provide protection under the other.

The ESA (16 USC 1531 et seq.) is implemented by the USFWS and the National Marine Fishe ries Service (NMFS). The USFWS and NMFS maintain lists of endangered and threatened plant and animal species (referred to as "listed species"). "Proposed" or "candidate" species are those that are being considered for listing and are not protected until th ey are formally listed as threatened or endangered. Under the ESA, authorization must be obtained from the USFWS or NMFS prior to take of any listed species. “Take” under the ESA is defined as “harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct.” Take under the ESA includes direct injury or mortality to individuals, disruptions in normal behavioral patterns resulting from factors such as noise and visual disturbance and impacts to habitat for listed species. Actions that may result in take of an ESA -listed DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 188 of 662
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species may obtain a permit under ESA Section 10, or via the interagency consultation described in ESA Section 7. Federally listed plant species are only protected when take occurs on federal land.

The ESA also provides for designation of critical habitat, which are specific geographic areas containing physical or biological features “essential to the conservation of the species .” Protections afforded to designated c ritical habitat apply only to actions that are funded, permitted, or carried out by federal agencies. Critical habitat designations do not affect activities by private landowners if ther e is no other federal agency involvement.

The CESA (CFGC 2050 et seq.) prohibits a take of any plant and animal species that the CFGC determines to be an endangered or threatened species in California. CESA regulations include take protection for threatened and endangered plants on private lands, as well as extending this protection to candidate species which are proposed for listing as threatened or endangered under CESA. The definition of a "take" under CESA ("hunt, pursue, catch, capture, or kill, or attempt to hunt, pursue, catch, capture, or kill") only applies to direct impact to individuals, and does not extend to habitat impacts or harassment. CDFW may issue an Incidental Take Permit under CESA to authorize take if it is incidental to otherwise lawful activity and if specific criteria are met. Take of these species is also authorized if the geographic area is covered by a Natural Community Conservation Plan (NCCP), as long as the NCCP covers that activity.

Fully Protected Species and Designated Rare Plant Species. This category includes specific plant and wildlife species that are designated in the CFGC as protected even if not listed under CESA or ESA. Fully Protected Species includes specific lists of birds, mammals, reptiles, amphibians, and fish designated in CFGC. Fully protected species may not be taken or possessed at any time. No licenses or permits may be issued for take of fully protected species, except for necessary scientific research and conservation purposes. The definition of "take" is the same under the California Fish and Game Code and the CESA. By law, CDFW may not issue an Incidental Take Permit for Fully Protected Species. Under the California Native Plant Protection Act (NPPA), CDFW has listed 64 “rare” or “endangered” plant speci es, and prevents “take”, with few exceptions, of these species. CDFW may authorize take of species protected by the NPPA through the Incidental Take Permit process, or under a NCCP.

Special Protections for Nesting Birds and Bats. The federal Bald and Golden Eagle Protection Act provides relatively broad protections to both of North America’s eagle species (bald eagle [ Haliaeetus leucocephalus] and golden eagle [ Aquila chrysaetos)] that in some regards are similar to those provided by the ESA. In addition to regulations for special- status species, most native birds in the United States, including non-status species, have baseline legal protections under the Migratory Bird Treaty Act of 1918 and CFGC, i.e., sections 3503, 3503.5 and 3513. Under these laws/codes, the intentional harm or collection of adult birds as well as the intentional collection or destruction of active nests, eggs, and young is illegal.

For bat species, the Western Bat Working Group (WBWG) designates conservation status for sp ecies of bats, and those with a high or medium-high priority are typically given special consideration under CEQA.

Essential Fish Habitat. The Magnuson-Stevens Fishery Conservation and Management Act provides for conservation and management of fishery re sources in the U.S., administered by NMFS. This Act establishes a national program intended to prevent overfishing, rebuild overfished stocks, ensure conservation, and facilitate long- term protection through the establishment of Essential Fish Habitat (EFH). EFH consists of aquatic areas that contain habitat essential to the long-term survival and health of fisheries, which may include the water column, certain bottom types , vegetation (e.g., eelgrass (Zostera spp.)), or complex structures such as oyster beds. Any federal agency that authorizes, funds, or undertakes action that may adversely affect EFH is required to consult with NMFS.

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Species of Special Concern, Movement Corridors, and Other Special-s tatus Species under CEQA. To address additional species protections afforded under CEQA, CDFW has developed a list of special species as “a general term that refers to all of the taxa the CNDDB is interested in tracking, regardless of their legal or protection status.” This list includes lists developed by other organizations, including for example, the Audubon Watch List Species, the Bureau of Land Management Sensitive Species, and USFWS Birds of Special Concern. Plant species on the California Native Plant Society (CNPS) Inventory of Rare and Endangered Plants (Inventory) with California Rare Plant Ranks (Rank) of 1 and 2, as well as some with a Rank of 3, are also considered special- status plant species and must be considered under CEQA. Some Rank 3 species and all Rank 4 species are typically only afforded protection under CEQA when such species are particularly unique to the locale (e.g., range limit, low abundance/low frequency, limited habitat) or are otherwise considered locally rare. Additionally, any species listed as sensitive within local plans, policies and ordinances are likewise considered sensitive. Movement and migratory corridors for native wildlife (including aquatic corridors) as well as wildlife nursery sites are given special consideration under CEQA.

2.2 Local Plans and Policies
San Mateo County General Plan. The San Mateo County General Plan, Chapter 1. Vegetative, Water, Fish and Wildlife Resources Policies contains policies pertaining to the following biological resources categories:
• Wetlands, streams, riparian, and aquatic areas (Policy 1.26, 1.37, 1.41, 1.49, etc.) • Vegetation Resources (Policy 1.25)
• Wildlife Species (Policy 1.27)
• Wildlife Corridors (Policy 1.29)
City of San Mateo Tree Ordinance. The City of San Mateo Tree Ordinance requires a permit for the removal, major pruning of more than ¼ of the crown, or removal of any roots within a distance equal to 6 times the diameter of the trunk of any Heritage tree from any parcel of property in the City. The Ordinance defines a “Heritage trees” as:

1. Any oak having a trunk diameter or diameter at breast height (DBH) of 10 inches or more, measured at 4.5 feet (54 inches) above ground level.

2. Any tree with a trunk diameter of 15 inches or more, measured at 4.5 feet (54 inches) above ground level.

3. Multi-stem trees. Trees with more than one stem (arising at or below 54 inches) shall be measured at the smallest diameter point below the main union of all stems unless the union occurs below grade, in which case each stem shall be measured as a stand-alone tree. For oak trees, if one stem is ten inches or more in diameter, the tree will constitute one Heritage Tree.

For all other species, if one stem is fifteen inches or more in diameter, the tree will constitute one Heritage Tree.

4. Any tree or stand of trees designated by resolution of the City Council to be of special historical value or of significant community benefit; or

5. A stand of trees, the nature of which makes each dependent on the others for survival.

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3.0 ASSESSMENT METHODOLOGY
On October 29, 2020, WRA biologists visited the Project Area to map vegetation, aquatic communities, unvegetated land cover types, document plant and wildlife species present, and evaluate on-site habitat for the potential to support special-status species as defined by CEQA. Prior to the site visit, WRA biologists reviewed literature resources and performed database searches to assess the potential for sensitive biological communities (e.g., wetlands) and special-status species (e.g., endangered plants), including:
• Soil Survey of San Mateo County, California (USDA 1991) • South San Francisco, Hunters Point, Montara Mountain, and San Mateo 7.5-minute U.S.

Geological Survey (USGS) quadrangle (USGS 2018)
• Contemporary aerial photographs (Google Earth 2021)
• Historical aerial photographs (NETR 2021)
• National Wetlands Inventory (USFWS 2021a)
• California Aquatic Resources Inventory (SFEI 2021)
• CNDDB (CDFW 2021b)
• CNPS Inventory (CNPS 2021a)
• Consortium of California Herbaria (CCH 2021a, CCH 2021b) • USFWS List of Federal Endangered and Threatened Species (USFWS 2021b) • eBird Online Database (eBird 2021)
• CDFW Publication, California Bird Species of Special Concern in California (Shuford and Gardali 2008)
• CDFW and University of California Press publication California Amphibian and Reptile Species of Special Concern (Thomson et al. 2016)
• A Field Guide to Western Reptiles and Amphibians (Stebbins 2003) • A Manual of California Vegetation, Online Edition (CNPS 2021b) • Preliminary Descriptions of the Terrestrial Natural Communities (Holland 1986) • California Natural Community List (CDFW 2021a)
Database searches (i.e., CNDDB, CNPS) for special -status species focused on the San Francisco South, Hunters Point, Montara Mountain, and San Mateo USGS 7.5-minute quadrangles.

Following the remote assessment, WRA biologists Jemma Williams and Brian Kearns completed a field review on October 29, 2020 t o document: (1) land cover types (e.g., terrestrial communities, aqu atic resources), (2) existing conditions and to determine if such provide suitable habitat for any special-status plant or wildlife species, (3) if and what type of aquatic natural communities (e.g., wetlands) are present, and (4) if special-status species are present.

3.1 Vegetation Communities and Other Land Cover Types
During the site visit, WRA evaluated the species composition and area occupied by distinct vegetation communities, aquatic communities, and other land cover types. Mapping of these classifications utilized a combination of aerial imagery and ground surveys. In most instances, communities are characterized and mapped based on distinct shifts in plant assemblage (vegetation) and follow the California Natural Community List (CDFW 2021a) and A Manual of California Vegetation, Online Edition (CNPS 2021b). These resources cannot anticipate every component of every potential vegetation assemblage in California, and so in some cases, it is necessary to identify other appropriate vegetative classifications based on best DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 191 of 662
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professional judgment of WRA biologists. When undescribed variants are used, it is noted in the description. Vegetation alliances (natural communities) with a CDFW Rank of 1 through 3 (globally critically imperiled [S1/G1], imperiled [S2/G2], or vulnerable [S3/G3]), were evaluated as sensitive as part of this evaluation (CDFW 2021a).

On October 29, 2020, t he site was reviewed for the presence of wetlands and other aquatic resources according to the methods described in the Corps Manual (Environmental Laboratory 1987), the Regional Supplement to the Corps of Engineers Wetland Delineation Manual : Arid West/Western Mountains and Valleys Region (Arid West ; Corps 2008 ), A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States (Lichvar and McColley 2008). Areas meeting these indicators were mapped as aquatic resources and categorized using the vegetatio n community classification methods described above. Aquatic communities which are mapped in the NMFS EFH Mapper (NMFS 2021) or otherwise meet criteria for designation as EFH are indicated as such in the community description below in Section 5.1. The presence of riparian habitat was evaluated based on woody plant species meeting the definition of riparian provided in A Field Guide to Lake and Streambed Alteration Agreements, Section 1600-1607, California Fish and Game Code (CDFG 1994) and based on best professional judgement of biologists completing the field surveys.

3.2 Special-status Species
Potential occurrence of special-status species in the Project Area was evaluated by first determining which special-status species occur in the vicinity of the Project Area through a literature and database review as described above. Presence of suitable habitat for special-status species was evaluated during the site visit based on physical and biological conditions of the site as well as the professional expertise of the investigating biologists. Species warranting more discussion relative to the Project Area are discussed in greater detail below.

If a more thorough assessment was deemed necessary, a targeted or protocol-level assessment or survey was conducted or recommended as a future study. If a special-status species was observed during the site visit, its presence was recorded and discussed below in Section 5.2. If designated critical habitat is present for a species, the extent of critical habitat present and an evaluation of critical habitat elements is provided as part of the species discussions below.

3.3 Wildlife Corridors and Native Wildlife Nursery Sites To accoun t for potential impacts to wildlife movement/migratory corridors, biologists reviewed maps from the California Essential Connectivity Project (Caltrans 2010), and habitat connectivity data available through the CDFW Biogeographic Information and Observation System (BIOS; CDFW 2021b). Additionally, aerial imagery (Google 2021) for the local area was referenced to assess if local core habitat areas were present within or connected to the Project Area . This assessment was refined based on observations of on-site physical and/or biological conditions, including topographic and vegetative factors that can facilitate wildlife movement, as well as on-site and off-site barriers to connectivity.

The potential presence of native wildlife nursery sites is evaluated as part of the site visit and discussion of individual wildlife species below. Examples of native wildlife nursery sites include nesting sites for native bird species (particularly colonial nesting sites), marine mammal pupping sites, and colonial roosting sites for other species (such as for monarch butterfly [Danaus plexippus]).

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4.0 ECOLOGICAL SETTING
The approximately 0.10-acre Project Area is located immediately north of the intersection of East Poplar Avenue and North Bayshore Boulevard and adjacent to the Poplar Creek Golf Course , and within Poplar Creek, an intermittent, concrete-lined stream located in San Mateo, California (Figure 2, Appendix A). The Project Area includes all areas directly affected by the Project, as well as adjacent areas of natural cover (i.e., riparian trees and shrubs), as well as upstream and downstream areas that could be temporarily or permanently affected by the Project. Additional details of the local setting are below.

4.1 Soils and Topography
The overall topography of the Project Area is flat with elevations ranging from approximately 0 to 2 feet above sea level. According to the Soil Survey of San Mateo County, Eastern Part and San Francisco County (USDA 1991), the Project Area consists of Urban land-Orthents, reclaimed complex. Soil mapping units within the Project Area are shown in Figure 3 (Appendix A). The soil series of the Project Area’s mapping units is summarized below.

Urban land-Orthents, reclaimed complex, 0 to 2 percent slopes: This map unit is in areas that were once part of San Francisco Bay and adjacent tidal flats. This unit is about 65 percent Urban land and 30 percent Orthents, reclaimed. Urban land consists of area covered by asphalt, concrete, buildings, and other structures. Orthents consist of soils that are very deep and poorly drained and are in areas that have been filled. They are comprised of soil material, gravel, broken cement and asphalt, bay mud, and solid waste materials. This unit also contains small inclusions of Reyes clay, Novato clay, and where those inclusions in present the soil is hydric. These soils are not considered hydric and are poorly drained with slow runoff. (USDA 1991).

4.2 Climate and Hydrology
The Project Area is located in the coastal region of the City of San Mateo in San Mateo County. The average monthly maximum temperature in the area is 66 degrees Fahrenheit, while the average monthly minimum temperature is 50 degrees Fahrenheit. Predominantly, precipitation falls as rainfall between November and March with an annual average precipitation of 20 inches.

The local watershed is San Francisco Bay Estuaries (HUC 12: 180500041001) and the regional watershed is San Francisco Bay (HUC 8: 18050004 ). The Project Area is located in the upper portion of the San Francisco Bay watershed. There is a blue-line stream, Poplar Creek in the Project Area (USGS 201 8).

Detailed descriptions of aquatic resources are provided in Section 5.1 below.

4.3 Land-use
The surface s of the Project Area and immediate surrounding areas have been rendered largely impermeable by the construction of the concrete lined channel, buildings, maintenance lots, and surrounding streets (Google Earth 2021). Undeveloped areas consist of ruderal upland, and the surrounding golf course turf. Detailed plant community descriptions are included in Section 5.1 below, and all observed plant species are included in Appendix B. Historically, the Project Area was more heavily vegetated with sections used for storage and staging areas (NETR 2021).

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5.0 ASSESSMENT RESULTS

5.1 Vegetation Communities and Other Land Cover
WRA observed three land cover types within the Project Area: developed, ruderal grassland, and mixed woodland. Land cover types within the Project Area are illustrated in Figure 4 (Appendix A) and shown in Table 2 below. The non-sensitive land cover types in the Project Area include ruderal upland, developed areas, and mixed ornamental woodland while the sensitive communities include the intermittent stream.

Plants species observed within the Project Area are include in Appendix B.

TABLE 2. VEGETATION COMMUNITY AND LAND COVER TYPES

COMMUNITY/LAND COVER SENSITIVE STATUS RARITY RANKING ACRES WITHIN PROJECT AREA
Terrestrial Community/Land Cover
Developed Non-sensitive None 0.02
Mixed ornamental
woodland
Non-sensitive None <0.01
Ruderal upland Non-sensitive None
Aquatic Resources
Intermittent stream Sensitive N/A 0.03

5.1.1 Terrestrial Land Cover
Developed Area (no vegetation alliance). CDFW Rank: None.

The developed areas total 0.04 acre in the Project Area. Developed areas are characterized by concrete -lined banks in the channel, a cement culvert forming a bridge across the channel, as well as cement or gravel lots associated with the maintenance yards of the nearby facilities . Developed areas also include landscaped turf within the Poplar Creek Golf Course. Sparse ruderal vegetation occurs growing in cement seams. This community is not considered sensitive by San Mateo County, CDFW, or any other regulatory entity.

Mixed ornamental woodland (no vegetation alliance). CDFW Rank:

None. Mixed ornamental woodland is located above TOB along the southeast side of the channel (Photo 2 below). The woodland varies from approximately 5 to 15 feet in width in a strip of earth between the channel and the East Poplar Avenue sidewalk. T he mixed ornamental woodland is less than 0.01 acre in size and is composed of a planted coast live oak ( Quercus agrifolia), blackwood acacia (Acacia melanoxylon) and an unidentified dead tree. The understory consisted of sparse ruderal, non -native grasses and bare ground. This cover type does not meet any of the membership requirements for any vegetation alliances and is not considered sensitive.

PHOTO 1. PHOTOGRAPH OF THE DEVELOPED
AREA (CONCRETE LINED CHANNEL) ON-SITE.

PHOTO 2. PHOTOGRAPH OF MIXED
ORNAMENTAL WOODLAND ON SITE.

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Ruderal Upland (multiple vegetation alliances). CDFW Ranks: None.

Although not described in the literature, ruderal upland includes areas that have been partially developed or have been used in the past. However, these areas are not currently in use and have been allowed to revert to a semi- natural condition. Ruderal upland is common throughout California in both rural and urban settings.

Vegetation at the TOB of this section of Poplar Creek is dominated by ruderal upland species. Within the Project Area, the majority of ruderal upland vegetation is dominated by dense stands of fennel (Foeniculum vulgare ) interspersed with other non -native upland grass species ( Photo 3) . The majority of the ruderal upland area meets the membership rules of the Foeniculum vulgare
Herbaceous Semi-Natural Alliance due to the density of fennel growth. Other upland species found in this area are Bermuda grass ( Cynodon dactylon), wild oats ( Avena sp.), ripgut brome ( Bromus diandrus). A large Scotch broom ( Cytisus scoparius) shrub also occurs within this land cover type, along the northwester edge of Poplar Creek.

5.1.2 Aquatic Resources
Intermittent stream. (No Alliance). CDFW Rank: Sensitive Poplar Creek is identified in the NWI as an intermittent stream at and below the OHWM and occupies approximately 0.03 acre of the Project Are a. Poplar Cre ek is ranked as a sensitive aquatic community and is considered a water of the United States as well as a water of the state. From the Project Area, flows from Poplar Creek continue outside of the Project Area in a northeasterly direction for approximately 3,000 feet, at which time the channel becomes unlined and begins to flow in the southeasterly direction.

This earthen channel conveys flow for approximately 700 feet before discharg ing into the open forebay of the Poplar Pump Station. Flow from the forebay enters the pump station intake and is discharged through the earthen flood control levee into the San Francisco Bay.

At the time of the October 2020 survey there was approximately 1 inch of water flowing in the channel.

No substantial precipitation had occurred in the recent few weeks and the flow is presumed to originate largely from nuisance runoff from landscaping or other artificial sources upstream. The channel was observed to be fully concrete lined in the banks and bed in the entire Project Area. The cement bottom precludes vegetation from establishing. Some sediment has accumulated within the channel, which has allowed sparse vegetation to establish. A survey of the vegetated area within the stream channel following the methods of the U.S. Army Corps of Engineers Wetlands Delineation Manual, the Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region determined that wetlands have not established in or around the channel. The cement-lined area along the stream that lies at and below TOB is not considered a sensitive vegetation community because the area is largely unvegetated and precludes the growth of native, sensitive vegetation communities.

PHOTO 3. PHOTOGRAPH OF RUDERAL UPLAND
AREA AT TOP OF BANK.

PHOTO 4. PHOTOGRAPH OF THE

INTERMITTENT STREAM WITHIN THE PROJECT
AREA.

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5.2 Special-status Species

5.2.1 Special-status Plants
Based upon a review of the resource databases listed in Section 3.0, 61 special-status plant species have been documented in the vicinity of the Project Area. Only one special -status plant species, Franciscan onion (Allium peninsulare var. franciscanum), has been documented within 2 miles of the Project Area.

This species and the other 60 species recorded in the neighboring CNDDB quadrangles are presumed absent because the Project Area consists mostly of unvegetated hardscape and there are no native plant communities present. All of these species documented from the greater vicinity are unlikely or have no potential to occur for one or more of the following reasons:
• Hydrologic conditions (e.g., tidal, riverine) necessary to support the special -status plant species are not present in the Project Area;
• Edaphic (soil) conditions (e.g., volcanic tuff, serpentine) necessary to support the special - status plant species are not present in the Project Area; • Associated natural communities (e.g., interior chaparral, tidal marsh) necessary to support the special-status plant species are not present in the Project Area; • The historical landscape and/or habitat(s) of the Project Area were not suitable habitat prior to land/type conversion (e.g., reclaimed shoreline) to support the special-status plant species; • Land use history and contemporary management (e.g., grading, intensive landscaping) has degraded the localized habitat necessary to support the special -status p lant species and created a lack of viable seed bank due to historic soil alterations. • Non-native species competition

5.2.2 Special-status Wildlife
No special-status wildlife species were observed in the Project Area during the site assessment. While none were observed, 36 special-status wildlife species have been documented to occur in the South San Francisco, Hunters Point, Montara Mountain and San Mateo USGS 7.5’ Quadrangles (CDFW 202 1). Of these, only ten species are documented to occur within 2 miles of the Project Area in the CNDDB (CDFW 2021; Appendix D). Most of the special- status species known from the vicinity of the Project Area were determined to have no potential, or are unlikely to occur due to one or more of the following reasons:
• Aquatic habitats necessary to support the special- status wildlife species (e.g., vernal pools, freshwater streams/rivers) are not present in the Project Area; • Vegetation communities (e.g., tidal or freshwater marsh, grassland, oak woodlands, old - growth con iferous forest, riparian woodland/forest) that provide nesting and/or foraging resources necessary support the special-status wildlife species are not present in the Project Area;
• Structures or vegetation (e.g., caves, old-growth trees) necessary to provide nesting or cover habitat to support the special-status wildlife species are not present in the Project Area; • Host plants necessary to provide larval and nectar resources required for the completion of life cycles for specific special-status insects are not present in the Project Area; • The Project Area is outside the special -status wildlife species’ local documented range, or specifically nesting range (generally applies to birds); • The Project Area is separated from suitable habitats by roads with high traffic volume and is embedded within a highly urbanized setting that does not contain suitable habitat; and DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 196 of 662
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• The Project Area is surrounded by urban areas and has little to no connectivity to open spaces that would support special-status species.

Based upon the database and literature review, no special-status species documented in the vicinity have the potential to occur within the Project Area. However, given the proximity to the Project Area of suitable habitat for some special- status species, three (3) species warrant further discussion and are addressed below.

California Ridgway’s rail ( Rallus. longirostris obsoletus ; CRR). Federal Endangered, State Endangered, CDFW Fully Protected Species. Unlikely. Formerly known as California clapper rail, CRR is the resident Ridgway’s/clapper rail subspecies of northern and central California. Although more widespread in the past, it is currently restricted to the San Francisco Bay estuary. The CRR occurs only within salt and brackish marshes. Important CRR habita t components include well-developed tidal sloughs and secondary channels, and cordgrass ( Spartina spp.) beds in the lower marsh zone , dense salt marsh vegetation for cover, nest sites, and brooding areas , intertidal mudflats, gradually sloping banks of tidal channels, abundant invertebrate food resources, and transitional vegetation at the marsh edge to serve as high tide refuge. In south and central San Francisco Bay and along the perimeter of San Pablo Bay, CRR typically inhabits salt marshes dominated by pickleweed and cordgrass. Brackish marshes supporting CRR occur along major sloughs and rivers of San Pablo Bay and along tidal sloughs of Suisun Marsh. Nesting occurs from March through July, with peak activity in late April to late May. CRR nests, constructed of wetland vegetation and platform-shaped, are placed near the ground in clumps of dense vegetation, usually in the lower marsh zone near small tidal channels.

CRR has been documented approximately 0.5-mile northeast of the Project Area (CDFW 2021b). Based on aerial imagery (Google Earth 2021), this occurrence exists in a small patch of salt marsh along the edge of the San Francisco Bay. Despite the close proximity of this occurrence, it is unlikely that CRR would inhabit the Project Area given that the Project Area does not contain the dense salt marsh vegetation and intertidal mudflats that this species requires for breeding and foraging. Additionally, the Project Area is more than 700 feet from any suitable habitat, suggesting that any noise impacts associated with Project activities would be unlikely to impact CRR breeding behaviors, which are highly dependent on vocalizations. CRR use of the Project Area, if it were to occur, would be limited to occasional movements through the Project Area between patches of more suitable habitat; but they would not utilize the area for extended periods of time. Therefore, it is unlikely that CRR would occur within the Project Area, and no protocol level CRR surveys would be required due to the distance of the Project Area from any suitable habitat.

Burrowing owl (Athene cunicularia). CDFW Species of Special Concern. Unlikely. The burrowing owl occurs as a year-round resident and winter visitor in much of California’s lowlands, inhabiting open areas with sparse or non-existent tree or shrub canopies. Typical habitat is annual or perennial grassland, although human-modified areas su ch as agricultural lands and airports are also used (Poulin et al. 2011). This species is dependent on burrowing mammals to provide the burrows that are used characteristically for shelter and nesting, and in northern California is typically found in close association with California ground squirrels ( Otospermophilus beecheyi). Manmade substrates such as pipes or debris piles may also be occupied in place of burrows. Prey consists of insects and small vertebrates. Breeding typically takes place from March to July.

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Burrowing owl has been documented throughout San Mateo County, with the closest documented occurrence approximately 1.25 miles southeast of the Project Area (CDFW 2021b). However, habitat for this species within the Project Area is generally marginal. A small ruderal grassland is present along the northwestern side of the Project Area near the intersection with North Bayshore Boulevard; however, no small mammal burrows or burrow surrogates were observed during the site visit that might provide shelter for wintering or breeding burrowing owl. Therefore, it is unlikely that burrowing owls would occur within the Project Area.

Steelhead – central California coast (CCC) Distinct Population Segment (DPS) ( Oncorhynchus mykiss irideus) Federal Threatened. Unlikely. This DPS includes all naturally spawned populations of steelhead (and their progeny) in California streams from the Russian River to Aptos Creek, and the drainages of San Francisco and San Pablo Bays eastward to the Napa River (inclusive), exclu ding the Sacr amento-San Joaquin River Basin. Steelhead typically migrate to marine waters after spending two years in freshwater, though they may stay up to seven. They then reside in marine waters for two to three years prior to returning to their natal stream to spawn as four or five-year-olds. Steelhead adults typically spawn between December and June. Preferred spawning habitat for steelhead is in perennial streams with cool to cold-water temperatures, high dissolved oxygen levels, and fast flowing water. Abundant riffle areas (shallow areas with gravel or cobble substrate) for spawning and deeper pools with sufficient riparian cover for rearing are necessary for successful breeding.

The closest CCC steelhead supporting stream is San Mateo Creek, approximately one mile southeast of the Project Area (CEMAR 2021). Despite the documented presence of steelhead in nearby waterways, the concrete lined portion of Poplar Creek that passes through the Project Area would not support steelhead populations. While the stream held water during the October 2020 site visit, flows were extremely low and likely resulted from various urban runoff sources . There is no gravel or cobble substrate that would support the deposition of eggs, and thus a breeding population. Additionally, it is unlikely that steelhead would travel through Poplar Creek to reach better breeding grounds upstream, particularly because Poplar Creek proceeds into lined and underground storm drainages immediately upstream of the Project Area. Additionally, the mouth of Poplar Creek where it drains into the San Francisco Bay is also channeled through a pump station before discharging to the Bay , therefore rendering it completely disconnected from the Bay . Given the disconnection from the Bay, and lack of suitable breeding habitat within the Project Area or in the immediate vicinity, and barriers to movement that under most circumstances would prevent this species from entering the Project Area , steelhead are unlikely to occur within the Project Area.

5.3 Wildlife Corridors and Native Wildlife Nursery Sites No native wildlife nursery sites are present in the Project Area.

Wildlife movement between suitable habitat areas can occur via open space areas lacking substantial barriers. The terms “landscape linkage” and “wildlife corridor” are often used when referring to these areas. The key to a functioning corridor or linkage is that it connects two larger habitat blocks, also referred to as core habitat areas (Beier and Loe 1992; Soulé and Terbough 1999). It is useful to think of a “landscape linkage” as being valuable in a regional planning context, a broad scale mapping of natural habitat that functions to join two larger habitat blocks. The term “wildlife corridor” is useful in the context of smaller, local area planning, where wildlife movement may be facilitated by specific local biological habitats or passages and/or may be restricted by barriers to movement. Above all, wildlife corridors must DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 198 of 662
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link two areas of core habitat and should not direct wildlife to developed areas or areas that are otherwise void of core habitat (Hilty et al. 2019).

The Project Area is not within a designated wildlife corridor, as based on the Essential Connectivity Areas habitat mapper (Caltrans 2010). The site is generally located within a dense urban and residential matrix, which is typically considered to serve as a barrier to dispersal for most wildlife species . While common and/or urban-adapted wildlife species presumably utilize the site to some degree for movement at a local scale, the Project Area itself does not provide corridor functions beyond connecting other small habitat patches in surrounding areas.

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6.0 ANALYTICAL METHODOLOGY AND SIGNIFICANCE THRESHOLD CRITERIA Pursuant to Appendix G, Section IV of the State CEQA Guidelines, a project would have a significant impact on biological resources if it would:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service;
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service;
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrologic al interruption, or other means
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites;
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; and/or,
f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan.

These thresholds were utilized in completing the analysis of potential project impacts for CEQA purposes.

For the purposes of this analysis, a “substantial adverse effect” is generally interpreted to mean that a potential impact could directly or indirectly affect the resiliency or presence of a local biological community or species population. Potential impacts to natural processes that support biological communities and special-status species populations that can produce similar effects are also considered potentially significant. Impacts to individuals of a species or small areas of existing biological communities may be considered less than significant if those impacts are speculative, beneficial, de minimis, and/or would not affect the resiliency of a local population.

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7.0 IMPACTS AND MITIGATION EVALUATION
Using the CEQA analysis methodology outlined in Section 6.2 above, the following section describes potential significant impacts to sensitive resources within the Project Area as well as suggested mitigation measures which are expected to reduce impacts to less than significant.

7.1 Special-status Species
This section analyzes the Project’s potential impacts and mitigation for special-status species in reference to the significance threshold outlined in CEQA Appendix G, Part IV (a):

Does the project have the potential to have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special-status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? Potential impacts and mitigation for potentially significant impacts are discussed below

Native Nesting Birds

This assessment determined that no special -status bird species have potential to utilize habitats within the Project Area. However, common native bird species may nest within the Project Area and may be affected by Project activities through visual, auditory, or physical disturbance causing nest abandonment or destruction. Due to the protected status of these species under both the Migratory Bird Treaty Act (MBTA) and CFGC, impacts to common native nesting birds would be considered a potentially significant impact under CEQA.

Potential Impa ct BIO -1: Construction activities and vegetation removal associated with the proposed Project could result in the destruction or abandonment of nests of non-status bird species protected under the MBTA, CFGC, and CEQA.

To reduce potential impacts to native nesting birds to a less-than-significant level, the following measure should be implemented:

Mitigation Measure BIO -1: To the extent feasible, Project- related activities should be avoided during the nesting bird season, generally defined as February 1 – August 31. If Project work must occur during the nesting bird season, pre -construction nesting bird surveys be conducted within 14 days of ground disturbance to avoid disturbance to active nests, eggs, and/or young of nesting birds. These surveys would determine the presence or absence of active nests that may be affected by Project activities. It is also recommended that any trees and shrubs in or adjacent to the Project Area that are proposed for removal and that could b e used as avian nesting sites be removed during the non-nesting season (September 1 through January 31).

In the event that a nest of a protected species is located, a no disturbance buffer shall be established around the nest until all young have fledged or the nest otherwise becomes inactive (e.g., due to predation). Suggested buffer zone distances differ depending on species, location, baseline conditions, and placement of nest and will be determined and implemented in the field by a qualified biologist.

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Implementation of this mitigation measure will reduce potential impacts to native nesting birds to a less- than-significant level.

7.2 Sensitive Natural Communities and Land Cover Types
This section addresses the question:
b) Does the Project have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service; Sensitive natural communities within the Project Area include: intermittent stream.

Project impacts by land cover type /community are depicted in Figure 5 (Appendix A) . The RWQCB required that the P roject be designed to minimize and avoid impacts to sensitive resources . The installation of the trash capture device will result in placement of fill in the intermittent stream; however, the trash capture device itself will benefit water quality and hydrology in the stream by helping the City effectively capture and remove trash. Additionally, implementation of downstream enhancements will minimize any impacts that could result from the additional fill in the concrete -lined channel. Based on these factors, the installation of the trash capture device will result in a less than significant impact to aquatic resources.

7.3 Aquatic Resources
This section analyzes the Project’s potential impacts and mitigation for wetlands and other areas presumed or determined to be within the jurisdiction of the Corps or BCDC in reference to the significance threshold outlined in CEQA Appendix G, Part IV (c):
c) Does the Project have the potential to have a substantial adverse effect on state or federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means;
The RWQCB required that the Project be designed to minimize and avoid impacts to sensitive resources.

The installation of the trash capture device will result in placement of fill in the stream; however, the trash capture device itself will benefit water quality and hydrology by helping the City effectively remove trash from the creek. Additionally, implementation of downstream riparian enhancement s will minimize any impacts resulting from the additional fill in the concrete -lined channel . Based on these factors, the installation of the trash capture device will result in a less than significant impact to aquatic resources.

7.4 Wildlife Corridors and Native Wildlife Nursery Sites This section analyzes the Project’s potential impacts and mitigation for habitat corridors and linkages in reference to the significance threshold outlined in CEQA Appendix G, Part IV (d):
d) Does the Project have the potential to interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites;
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As noted in Section 3.2.6, no portions of the Project Area provide connectivity between areas of suitable habitat. For terrestrial species, all portions of the Project Area are within a greater context of urban development, and for aquatic species, there is no connectivity between the Project Area and upstream freshwater habitats or downstream marine habitats . No impact will occur to migratory corridors for terrestrial and aquatic species.

The proposed Project involves the installation of a trash capture device in an intermittent stream. While the Project Area in general provides suitable cover and habitat for various types of terrestrial wildlife movement, the installation of the trash capture device will not provide a barrier to the dispersal of any wildlife species. Temporary impacts in upland areas associated with staging would also not provide a barrier to dispersal that could not be easily circumnavigated through other similar habitats. The proposed Project would not result in temporary or permanent changes to movement of volant species. Based on these factors, the installation of the trash capture device will result in a less than significant impact to migratory corridors and habitat linkages.

7.5 Local Policies and Ordinances
This section analyzes the Project’s potential impacts and mitigation based on conflicts with local policies and ordinances in reference to the significance threshold outlined in CEQA Appendix G, Part IV (e):
e) Does the Project have the potential to conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance; Local plans and policies related to biological resources examined in this analysis are:
• City of San Mateo Tree Ordinance.

The Project would require the removal of two trees and the trimming of a third tree for construction and access. The trees to be removed include a native coast live oak ( Quercus agrifolia) and a dead tree of unknown species (see Table 3, below) located at the top of the southern bank in the mixed ornamental woodland. The tree to be trimmed is a non -native, invasive blackwood acacia. The coast live oak to be removed does not qualify as a H eritage tree per the local tree ordinance, as it has a DBH of 6.2 which is under the 10 DBH threshold.

The Project will incorporate native tree planting into the stream enhancement s located downstream of the Project Area on the Poplar Creek Golf Course. Table 3 below provides a summary of the proposed tree removal.

TABLE 3.SUMMARY OF TREE REMOVAL

SPECIES SCIENTIFIC NAME NATIVE HEALTH QUANTITY
Coast live oak Quercus agrifolia Yes alive 1
Unknown N/A N/A Dead 1
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While the impacts under CEQA would be less than significant, and the coast live oak proposed for removal does not meet the definition of a heritage tree per the City’s tree ordinance, the RWQCB is requiring that additional trees be planted as part of the stream enhancement.

7.6 Habitat Conservation Plans
This section analyzes the Project’s potential impacts and mitigation based on conflicts with any adopted local, regional, and state habitat conservation plans in reference to the significance threshold outlined in CEQA Appendix G, Part IV (f):
f) Does the Project have the potential to conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan;
There is no Habitat Conservation Plan that applies to projects in the City or County of San Mateo.

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8.0 REFERENCES
Beier, P., and S. Loe. 1992. A checklist for evaluating impacts to wildlife movement corridors. Wildlife Society Bulletin 20(4):434–440.

California Department of Fish and Game. 1994. A Field Guide to Lake and Streambed Alteration Agreements, Sections 1600-1607. Environmental Services Division, California Department of Fish and Wildlife, Sacramento, California.

California Department of Fish and Wildlife. 2021a. California Natural Community List. Biogeographic Data Branch. Vegetation Classification and Mapping Program, Sacramento, California.

September 9.

California Department of Fish and Wildlife. 2021b. California Natural Diversity Database. Biogeographic Data Branch, Vegetation Classification and Mapping Program, Sacramento, California. Available online at: https://wildlife.ca.gov/Data/CNDDB/Maps-and-Data; most recently accessed: August 2021.

California Department of Transportation (Caltrans). 2010. California Essential Habitat Connectivity Project: A Strategy for Conserving a Connected California. Prepared for California Department of Transportation, California Department of Fish and Game, and Federal Highways Administration.

Available online at: https://www.wildlife.ca.gov/Conservation/Planning/Connectivity/CEHC.

Most recently accessed: September 2021.

California Native Plant Society (CNPS). 2021a. Inventory of Rare and Endangered Plants (online edition, v8-03 0.39). Sacramento, California. Online at: http://rareplants.cnps.org/; most recently accessed: September 2021.

California Native Plant Society (CNPS). 2021b. A Manual of California Vegetation, Online Edition.

Available online at: http://vegetation.cnps.org. Most recently accessed: September 2021.

Center for Ecosystem Management and Restoration (CEMAR). 2021. Current status of Oncorhynchus mykiss in streams of San Francisco and San Mateo Counties, California. Online at:
http://cemar.org/estuarystreamsreport/images/NewMaps/SF_SanMateo_Counties_Cur.pdf/.

Most recently accessed: September 2021.

Consortium of California Herbaria (CCH). 2021a. CCH1: Featuring California Vascular Plant Data from the Consortium of California Herbaria and Other Sources. Data provided by the Consortium of California Herbaria. Available online at: http://ucjeps.berkeley.edu/consortium/; most recently accessed: September 2021.

Consortium of California Herbaria (CCH). 2021b. CCH2 Portal. Online at:
http://cch2.org/portal/index.php; most recently accessed: September 2021. eBird. 2021. eBird: An online database of bird distribution and abundance. Cornell Lab of Ornithology, Ithaca, NY. Available online at: http://www.ebird.org. Most recently accessed: September 2021.

Environmental Laboratory. 1987. Corp of Engineers Wetlands Delineation Manual. Department of the Army, Waterways Experiment Station, Technical Report Y-87-1, Vicksburg, Mississippi.

Google Earth. 2021. Aerial Imagery 1986-2021. Most recently accessed: September 2021.

Hilty, J. A., W. Z. Lidicker Jr, and A. M. Merenlender. 2019. Corridor Ecology: Linking Landscapes for Biodiversity Conservation. Second Edition. Island Press.

Holland, R. F. 1986. Preliminary descriptions of the terrestrial natural communities of California. State of California, The Resources Agency, Department of Fish and Game, Sacramento, CA.

Lichvar, R. W., and S. McColley. 2008. A Field Guide to the Identification of the Ordinary High Water Mark (OHWM) in the Arid West Region of the Western United States. A Delineation Manual.

ERDC/CRREL TR-08-12. Cold Regions Research and Engineering Laboratory. U.S. Army Engineer Research and Development Center. Page 84. Cold Regions Research and Engineering Laboratory DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 205 of 662
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U.S. Army Engineer Research and Development Center, ERDC/CRREL TR-08-12, Hanover, New Hampshire.

Nationwide Environmental Title Research (NETR). 2021. Historic Aerials. Available online at:
https://historicaerials.com/viewer. Most recently accessed: September 2021.

National Marine Fisheries Service (NMFS). 2021. Essential Fish Habitat Mapper. Available online at:
https://www.habitat.noaa.gov/protection/efh/efhmapper. Most recently accessed: September 2021.

NatureServe. 2021. NatureServe Conservation Status. Available online at:
http://explorer.natureserve.org/ranking.htm. Most recently accessed: September 2021.

Poulin, Ray, L. D. Todd, E. A. Haug, B. A. Millsap and M. S. Martell. 2011. Burrowing Owl (Athene cunicularia), The Birds of North America Online (A. Poole, Ed.). Ithaca: Cornell Lab of Ornithology; Retrieved from the Birds of North America Online:
http://bna.birds.cornell.edu/bna/species/061doi:10.2173/bna.61 San Francisco Estuary Institute (SFEI). 2017. California Aquatic Resource Inventory (CARI) version 0.3.

Available online at: https://www.sfei.org/data/california-aquatic-resource-inventory-cari- version-03-gis-data#sthash.9SjW0wBH.dpbs. Most recently accessed: September 2021.

Shuford, W. D., and T. Gardali, eds. 2008. California Bird Species of Special Concern: A ranked assessment of species, subspecies, and distinct populations of birds of immediate conservation concern in California. Western Field Ornithologists, Camarillo, California, and California Department of Fish and Game, Sacramento.

Soulé, M. E., and J. Terbough. 1999. Conserving nature at regional and continental scales - a scientific program for North America. BioScience 49(10):809–817.

State Water Resources Control Board (SWRCB). 2019. State Wetland Definition and Procedures for Discharges of Dredged or Fill Material to Waters of the State, May 14, 2019.

Stebbins, R. C. 2003. A Field Guide to Western Reptiles and Amphibians, Third edition. Houghton Mifflin Company, Boston, MA and New York, NY.

Thomson, R. C., A. N. Wright, and H. B. Shaffer. 2016. California amphibian and reptile species of special concern. Co-published by the California Department of Fish and Wildlife and University of California Press, Oakland, California.

U.S. Army Corps of Engineers (Corps). 2008. Regional Supplement to the Corps of Engineers Wetland Delineation Manual: Arid West Region (Version 2.0). Page 135. U.S. Army Engineer Research and Development Center, ERDC/EL TR-08-28, Vicksburg, Mississippi.

U.S. Department of Agriculture (US DA). 1991. Soil Survey of San Mateo County, Eastern Part and San Francisco County.

U.S. Fish and Wildlife Service (USFWS). 2021a. National Wetlands Inventory. Available online at:
http://www.fws.gov/nwi. Most recently accessed: September 2021.

U.S. Fish and Wildlife Service (USFWS). 2021b. List of Federal Endangered and Threatened Species.

Available online at: https://ecos.fws.gov/ipac/. Most recently accessed: September 2021.

U.S. Geological Survey (USGS). 2018. San Mateo, California 7.5-minute quadrangle topographic map.

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Appendix A

APPENDIX A – FIGURES
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Path: E:\Acad 2000 Files\30000\30159\GIS\ArcMap\BRTR\Figure 1. Location.mxd Sources: National Geographic, WRA | Prepared By: mrochelle, 9/27/2021 Project Area
View Extent
Poplar at Golf Course Trash Capture
San Mateo, San Mateo County, California
0 21
Miles
Figure 1. Project Area Location
92 280
101
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Path: E:\Acad 2000 Files\30000\30159\GIS\ArcMap\BRTR\Figure 2. Aerial with Enhancement.mxd Sources: San Mateo County 2018 Aerial, WRA | Prepared By: mrochelle, 10/11/2021 Poplar at Golf Course Trash Capture
San Mateo, San Mateo County, California
Figure 2.

Aerial of Project Area
0 400200
Feet
E Poplar Ave
N Bayshore Blvd101
PoplarCre
ek
Project Area
(0.08 ac./ 3,286 sq.ft.)
Stream Enhancement Area
(0.02 ac./ 1,000 sq.ft.)
Stream Enhancement Area
Project Area
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134
Path: E:\Acad 2000 Files\30000\30159\GIS\ArcMap\BRTR\Figure 3. Project Area Soils.mxd Project Area (0.08 ac.)
Soil Unit
134: Urban land-Orthents,
reclaimed complex,
0 to 2 percent slopes
Sources: Google Earth May 2018 Aerial, 2010 ARRA LiDAR, WRA | Prepared By: mrochelle, 10/1/2021 Poplar at Golf Course Trash Capture
San Mateo, San Mateo County, California
Figure 3.

Project Area Soils
0 5025
Feet
101
NorthBayshoreBoulevard
EastPoplarAvenue
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Path: E:\Acad 2000 Files\30000\30159\GIS\ArcMap\BRTR\Figure 4A. Land Cover .mxd Project Area (0.08 ac.)
Top of Bank (0.04 ac.)
Sensitive Communities
Intermittent Stream - OHWM
(0.03 ac.)
Non-Sensitive Communities
Developed (0.02 ac.)
Mixed Ornamental
Woodland (<0.01 ac.)
Ruderal Upland (0.03 ac.)
Sources: Google Earth May 2018 Aerial, WRA | Prepared By: mrochelle, 10/1/2021 Poplar at Golf Course Trash Capture
San Mateo, San Mateo County, California
Figure 4A.

Natural Communities and
Land Cover within the Project Area
0 5025
Feet
101
NorthBayshoreBoulevard
East poplarAvenue
PoplarCreek
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Path: E:\Acad 2000 Files\30000\30159\GIS\ArcMap\BRTR\Figure 4B. Land Cover Stream Enahnacement.mxd Stream Enhancement
Area (0.02 ac./ 1,000 sq.ft. )
Non-Sensitive Communities
Developed (0.02 ac.)
Sources: Google Earth May 2018 Aerial, WRA | Prepared By: mrochelle, 10/8/2021 Poplar at Golf Course Trash Capture
San Mateo, San Mateo County, California
Figure 4B.

Natural Communities and
Land Cover within the Stream
Enhancement Area
0 5025
Feet
PoplarCreek
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Bypass Pipe
Site Parking and Staging Area
Cofferdam
Channel
Replacement
CofferdamTrash Capture Devices
Weir
Weir
Path: E:\Acad 2000 Files\30000\30159\GIS\ArcMap\BRTR\Figure 5. Project Impacts.mxd Project Area (0.08 ac.)
Project Components
Permanent Impacts
Temporary Impacts
Tree Removal
Top of Bank (0.04 ac.)
Sensitive Communities
Intermittent Stream - OHWM
(0.03 ac.)
Non-Sensitive Communities
Developed (0.02 ac.)
Mixed Ornamental
Woodland (<0.01 ac.)
Ruderal Upland (0.03 ac.)
Sources: Google Earth May 2018 Aerial, 2010 ARRA LiDAR, WRA | Prepared By: mrochelle, 10/1/2021 Poplar at Golf Course Trash Capture
San Mateo, San Mateo County, California
Figure 5.

Project Impacts
0 2010
Feet
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Appendix B

APPENDIX B – SPECIES OBSERVED IN AND AROUND THE PROJECT AREA

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B-1

Appendix B-1. List of Plant Species Observed within and around the Study Area on October 29, 2020 Scientific Name Common Name Origin Form Rarity
Status

CAL-IPC
Status
Wetland Status
(Corps 2018)
Acacia dealbata silver wattle non-native
(invasive)
tree - Moderate -
Avena sp. oat non-native annual grass - - -
Brassica sp. mustard non-native
(invasive)
annual herb - Moderate -
Bromus diandrus ripgut brome non-native
(invasive)
annual grass - Moderate -
Carduus pycnocephalus ssp.
pycnocephalus
non-native
(invasive)
tree annual herb - Moderate -
Cotula coronopifolia brass-buttons non-native
(invasive)
perennial herb - Limited OBL
Cynodon dactylon Bermuda grass non-native
(invasive)
perennial grass - Moderate FACU
Cyperus eragrostis tall flat sedge native perennial herb - - FACW Cytisus scoparius Scotch broom non-native
(invasive)
perennial shrub - High -
Epilobium ciliatum fringed willow herb native perennial herb - - FACW Eucalyptus globulus blue gum non-native
(invasive)
tree - Limited -
Festuca perennis Italian rye grass non-native
(invasive)
annual, perennial
grass
- Moderate FAC
Foeniculum vulgare fennel non-native
(invasive)
perennial herb - Moderate -
Helminthotheca echioides bristly ox-tongue non-native
(invasive)
annual herb - Limited FAC
Lycoperiscon esculentum tomato non-native
(invasive)
annual herb - - -
Malva nicaeensis bull mallow non-native annual herb - - - Olea eurpaea olive non-native
(invasive)
shrub or tree - Limited -
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B-2

Pinus sp. pine native tree - - -
Polypogon monspeliensis annual beard grass non-native
(invasive)
annual grass - Limited FACW
Quercus agrifolia coast live oak native tree - - -
Rumex crispus curly dock non-native
(invasive)
perennial herb - Limited FAC
Silybum marianum milk thistle non-native
(invasive)
perennial herb - - -
Typha sp. cattail native perennial herb - - OBL
All species identified using the Jepson Flora Project (Jepson eFlora 2021); nomenclature follows Jepson eFlora. Sp.: “species”, intended to indicate that the observer was confident in the identity of the genus but uncertain which species. 1Rare Status: The CNPS Inventory of Rare and Endangered Plants (CNPS 2021b) FE: Federal Endangered
FT: Federal Threatened
SE: State Endangered
ST: State Threatened
SR: State Rare
Rank 1A: Plants presumed extirpated in California and either rare or extinct elsewhere Rank 1B: Plants rare, threatened, or endangered in California and elsewhere (*Rank 1B: Rare in native stands only)
Rank 2A: Plants presumed extirpated in California, but more common elsewhere Rank 2B: Plants rare, threatened, or endangered in California, but more common elsewhere Rank 3: Plants about which we need more information – a review list Rank 4: Plants of limited distribution – a watch list
2Invasive Status: California Invasive Plant Inventory (Cal-IPC 2021) High: Severe ecological impacts; high rates of dispersal and establishment; most are widely distributed ecologically.

Moderate: Substantial and apparent ecological impacts; moderate-high rates of dispersal, establishment dependent on disturbance; limited- moderate distribution ecologically
Limited: Minor or not well documented ecological impacts; low-moderate rate of invasiveness; limited distribution ecologically Assessed: Assessed by Cal-IPC and determined to not be an existing current threat 3Wetland Status: National List of Plant Species that Occur in Wetlands, Arid West Region (Corps 2018) OBL: Almost always a hydrophyte, rarely in uplands
FACW: Usually a hydrophyte, but occasionally found in uplands FAC: Commonly either a hydrophyte or non-hydrophyte
FACU: Occasionally a hydrophyte, but usually found in uplands UPL: Rarely a hydrophyte, almost always in uplands
NL: Rarely a hydrophyte, almost always in uplands
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C-3

Appendix B-2. List of Wildlife Species Observed within and around the Study Area on October 29, 2020 Scientific name Common Name Status
Mammals
Procyon lotor raccoon No status
Birds
Corvus brachyrhynchos American crow No status
Egretta thula snowy egret
Known roost sites protected by
CDFW
Setophaga townsendii Townsend’s warbler No status
Sayornis nigricans black phoebe No status
Regulus calendula ruby-crowned kinglet No status
Fulica americana American coot No status
Bucephala albeola bufflehead No status
Calypte anna Anna’s hummingbird No status
Setophaga coronata yellow-rumped warbler No status
Zonotrichia leucophrys white-crowned sparrow No status

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Appendix C

APPENDIX C – PROPOSED PROJECT 75% PLANS

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Appendix C

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NB HWY 101

CONSTRUCTION
ACCESS
SB HWY 101

CONSTRUCTION
ACCESS

PROJECT
SITE
E. POPLAR AVE
E. POPLAR AVE
N. BAYSHORE BLVD

PENINSULA AVE
N. HUMBOLT ST
N. DELAWARE ST
101

POPLAR CREEK

GOLF COURSE
COYOTE
POINT
DR
BAY

AIRPORT BLVD
N. AMPHLETT BLVD

MONTE DIABLO AVE
HARBOR

VIEW PARK
TRAIL

SAN FRANCISCO BAY

DORE AVE
1 PLANS FOR

POPLAR AT GOLF COURSE TRASH CAPTURE DEVICE

CITY OF SAN MATEO, SAN MATEO COUNTY, CALIFORNIA
CITY PROJECT NO. XXX
CO.

SANTA CLARA

PREPARED UNDER THE DIRECTION OF
CAITLIN J. GILMORE
R.C.E 76810, EXPIRES 12/31/22

SCHAAF & WHEELER CONSULTING CIVIL ENGINEERS
DATE

CITY OF SAN MATEO RELEASE FOR CONSTRUCTION

THE CITY OF SAN MATEO HEREBY ACCEPTS THESE PLANS FOR CONSTRUCTION, AS BEING IN GENERAL COMPLIANCE WITH PLAN PREPARATION REQUIREMENTS OF THIS GOVERNMENT. RESPONSIBILITY FOR

THE COMPLETENESS AND ACCURACY OF THE PLANS AND RELATED DESIGNS RESIDES WITH THE ENGINEER AND ENGINEERING FIRM OF RECORD.

Azalea Mitch

PUBLIC WORKS DIRECTOR

CITY OF SAN MATEO
DATE

MATTHEW ZUCCA

PUBLIC WORKS DEPUTY DIRECTOR

CITY OF SAN MATEO
<GARY HEAP, CATHI ZAMMIT OR HAEWON RITCHIE>

ENGINEERING MANAGER

CITY OF SAN MATEO
<SENIOR ENGINEER NAME>

SENIOR ENGINEER

CITY OF SAN MATEO
DATE
DATE
DATE

LOCATION MAP

NOT TO SCALE NOT TO SCALE

VICINITY MAP
4SHEET ______ OF ______
DRAWN BY: CYT
DESIGNED BY: CYT
QC CHECKED BY: CJG
PROJECT No. XXX
SCALE: AS SHOWN
SUBMITTAL: 75%
DATE: 07/21/21
DATE: 07/21/21
DATE: 07/21/21
DATEBYDESCRIPTIONREV. NO.

POPLAR AT GOLF COURSE

TRASH CAPTURE DEVICE
CITY PROJECT NO. XXX (415) 433-4848
SAN FRANCISCO, CA 94102
870 MARKET STREET, SUITE 1278

CONSULTING CIVIL ENGINEERS
Schaaf Wheeler

SHEET NUMBERS AND TITLES
1 TITLE SHEET
2 IMPROVEMENT PLAN AND PROFILE
3 CONSTRUCTION DETAILS
4 SMCWPPP CONSTRUCTION BMPs

BASIS OF BEARINGS
THE BEARING OF NORTH 48° 39' EAST TAKEN ON THE SOUTHERN ROW LINE OF ROGELL AVENUE AS SHOWN ON THAT CERTAIN SUBDIVISION MAP NUMBER 237, FILED FOR RECORD ON JANUARY 15, 1981, IN BOOK 50 OF MAPS AT PAGE 95, OFFICIAL RECORDS OF SAN MATEO COUNTY WAS TAKEN AS THE BASIS FOR ALL BEARINGS SHOWN HEREON.

BACK FLOW PREVENTOR

CHAIN LINK FENCE

CONCRETE

CUBIC FEET

ELECTRICAL

EDGE OF WALK

EXISTING

INNER DIAMETER

LANDSCAPE

LIP OF GUTTER

NOT TO SCALE
BFP
CLF

C, CONC
CU . FT
ELEC,
EW
(EX)
ID
L/S
LIP
NTS
OD
OHWM
SD
SF
TC
TOB
TOE
TOP
TPZ
TR
WM

OUTER DIAMETER

ORDINARY HIGH WATER MARK

STORM DRAIN

SQUARE FEET

TOP OF CURB

TOP OF BANK

TOE OF SLOPE

TOP OF SLOPE

TREE PROTECTION ZONE
TREE

WATER METER

GENERAL NOTES ABBREVIATIONS BENCHMARKS

1. ALL MATERIALS AND WORKMANSHIP SHALL CONFORM TO THE GENERAL AND SPECIFIC PROVISIONS, STANDARD DRAWINGS, AND REQUIREMENTS OF THE CITY OF SAN MATEO.

2. CONTRACTOR SHALL NOTIFY THE CITY OF SAN MATEO AT LEAST 48 HOURS IN ADVANCE OF THE START OF ANY CONSTRUCTION ACTIVITY. ALL UTILITY SHUTDOWNS ARE TO BE COORDINATED THROUGH THE CITY PUBLIC WORKS DEPARTMENT. ANY TEMPORARY SUSPENSION OF THE WORK OR SUBSEQUENT RESUMPTION OF WORK REQUIRES THE NOTIFICATION OF THE CITY AND THE ENGINEER.

3. CONTRACTOR SHALL EXCAVATE AND EXPOSE ALL UTILITY CROSSINGS OR CONNECTIONS AFFECTED BY THE WORK. ALL EXISTING UTILITIES SHALL BE ADEQUATELY SUPPORTED AND PROTECTED TO THE SATISFACTION OF THE CITY. IN THE EVENT OF DAMAGE TO ANY UTILITY OCCASIONED BY THE CONTRACTOR OPERATIONS, THE CONTRACTOR, AT HIS SOLE COST AND EXPENSE, WILL IMMEDIATELY CAUSE REPAIRS TO BE MADE TO THE SATISFACTION OF THE AFFECTED UTILITY. NOTIFY THE ENGINEER OF ANY ADJUSTMENTS NECESSITATED BY WAY OF CONFLICT WITH EXISTING UTILITIES.

4. CONTRACTOR SHALL PROVIDE ALL LIGHTS, SIGNS, BARRICADES, FLAG MEN, CONES OR OTHER DEVICES NECESSARY TO PROVIDE FOR PUBLIC SAFETY IN ACCORDANCE WITH THE SPECIFICATIONS.

5. CONTRACTOR SHALL REPLACE, AT HIS EXPENSE, ALL TREES, SHRUBS, LAWNS, FENCES, IRRIGATION SYSTEMS AND IMPROVEMENTS WHICH ARE TO REMAIN INTACT BUT HAVE BEEN REMOVED OR DAMAGED DURING CONSTRUCTION. CONTRACTOR SHALL NOT REMOVE OR DAMAGE IMPROVEMENTS LOCATED WITHIN CITY PROPERTY WITHOUT WRITTEN PERMISSION FROM THE CITY; OR FROM PRIVATE PROPERTY WITHOUT WRITTEN PERMISSION FROM THE PROPERTY OWNER.

6. ALL DIMENSIONS SHALL BE FIELD VERIFIED BY CONTRACTOR PRIOR TO CONSTRUCTION. IF FIELD CONDITIONS VARY SIGNIFICANTLY FROM THE CONSTRUCTION PLANS, CONTRACTOR SHALL INFORM THE ENGINEER IMMEDIATELY.

7. BEFORE DIGGING, CALL UNDERGROUND SERVICE ALERT (USA) AT 811. CONTRACTOR SHALL COORDINATE WITH USA TO LOCATE EXISTING UTILITIES AND EXCAVATE WITH CAUTION TO AVOID UTILITY DAMAGE. CONTRACTOR IS LIABLE FOR ALL UTILITY DAMAGE REPAIR AS A RESULT OF HIS OPERATIONS.

8. CONTRACTOR SHALL EXERCISE DUE CARE AND CONCERN TO AVOID INJURY TO EXISTING FACILITIES IMPROVEMENTS, UTILITIES, AND PROPERTY. CONTRACTOR TO REPLACE OR RESTORE TO INITIAL CONDITIONS ANY FACILITIES, IMPROVEMENTS, UTILITIES, OR OTHER PROPERTY DAMAGED OR DISTURBED AS A RESULT OF CONSTRUCTION.

9. CONTRACTOR AGREES TO ASSUME SOLE AND COMPLETE RESPONSIBILITY FOR JOB SITE CONDITIONS DURING THE CONSTRUCTION OF THIS PROJECT, INCLUDING SAFETY OF ALL PERSONS AND PROPERTY; THAT THIS REQUIREMENT SHALL APPLY CONTINUOUSLY AND NOT BE LIMITED TO NORMAL WORKING HOURS; AND THAT THE CONTRACTOR SHALL DEFEND, INDEMNIFY AND HOLD THE

CITY AND ENGINEER HARMLESS FORM ANY AND ALL LIABILITY, REAL OR ALLEGED, IN CONNECTION WITH THE PERFORMANCE OF WORK ON THIS PROJECT, EXCEPT TO THE EXTENT ARISING FORM THE SOLE NEGLIGENCE OF THE CITY OR ENGINEER.

10. CONTRACTOR SHALL LOCATE ELECTRICAL TRENCHES TO AVOID EXISTING UTILITIES. CONTRACTOR SHALL PROTECT EXISTING UTILITIES IN PLACE AS REQUIRED BY TRENCH INSTALLATION.

11. CONTRACTOR TO MAINTAIN A MEANS OF ACCESS TO PROPERTIES, DRIVEWAYS, AND DWELLINGS AT ALL TIMES.

12. IT IS THE CONTRACTOR'S RESPONSIBILITY TO REPLACE ALL STREET MONUMENTS, LOT CORNER PIPES, AND GRADE STAKES DISTURBED DURING THE PROCESS OF CONSTRUCTION AT THE DIRECTION OF THE CITY ENGINEER.

13. ALL SURPLUS AND UNSUITABLE MATERIAL SHALL BE REMOVED FROM THE SITE AND PUBLIC RIGHT-OF-WAY.

14. THE CONTRACTOR SHALL NEITHER WASTE NOR DEPOSIT ANY HAZARDOUS MATERIALS ON THE GRADING SURFACES OR WITHIN THE GRADED CUT AND FILL AREAS OF THIS PROJECT, INCLUDING

BUT NOT LIMITED TO GASOLINE OR DIESEL FUELS, MOTOR OILS OR TRANSMISSION FLUIDS, ANTIFREEZE, HYDRAULIC FLUIDS, LUBRICANTS, STARTING FLUIDS AND FILTERS, AND/OR CONTAINERS FOR THESE PRODUCTS. HAZARDOUS MATERIAL SPILLS THAT OCCUR AS A RESULT OF EITHER EQUIPMENT FAILURES OR VANDALISM, INCLUDING ALL ADJACENT CONTAMINATED SOILS, SHALL BE REMOVED AND TRANSPORTED TO AN ENVIRONMENTALLY APPROVED DISPOSAL SITE. ALL REMOVAL, TRANSPORTATION AND DISPOSAL COSTS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR OR HIS SUBCONTRACTORS.

15. OVERNIGHT PARKING OF CONSTRUCTION EQUIPMENT IN THE STREET RIGHT-OF-WAY SHALL NOT BE PERMITTED, EXCEPT AT LOCATION(S) APPROVED BY THE CITY TRAFFIC ENGINEER.

16. CONTRACTOR SHALL COORDINATE W/ CITY AND PROPERTY OWNER IN ACCORDANCE WITH THE SPECIFICATIONS PRIOR TO PERFORMING ANY WORK IN CITY YARD.

17. WORK IS LIMITED TO THE SUMMER MONTHS, BETWEEN APRIL 15 AND OCTOBER 31. CONTRACTOR SHALL NOT WORK WHEN THERE HAS BEEN MORE THAN 0.25-INCH OF RAIN IN THE PREVIOUS 24 HOURS AND THERE IS A MORE THAN 40% CHANCE OF RAIN OCCURRING. CONTRACTOR IS RESPONSIBLE FOR ALL RAINWATER, STORMWATER AND GROUNDWATER CONTROL PER PROJECT SPECIFICATIONS.

18. CONTRACTOR SHALL NOTIFY, BY CIRCULAR, AS DIRECTED BY THE ENGINEER, ALL BUSINESS ESTABLISHMENTS AND RESIDENCES AFFECTED BY THE WORK, AT LEAST 48 HOURS PRIOR TO THE START OF CONSTRUCTION. CIRCULAR SHALL BE SUBJECT TO APPROVAL BY THE DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER.

19. NO CHANGE TO THE PROJECT IMPROVEMENT PLANS SHALL BE PERMITTED WITHOUT PRIOR APPROVAL BY THE DIRECTOR OF PUBLIC WORKS/ CITY ENGINEER.

20. ALL PERMANENT IMPROVEMENTS REMOVED OR DAMAGED BY THE CONTRACTOR SHALL BE RESTORED TO THEIR ORIGINAL LOCATION AND CONDITION BY THE CONTRACTOR USING NEW MATERIALS AS DIRECTED BY THE ENGINEER.

21. CONTRACTOR SHALL PERFORM HIS CONSTRUCTION AND OPERATION IN A MANNER WHICH WILL NOT ALLOW HARMFUL POLLUTANTS TO ENTER WATER COURSES OR SAN FRANCISCO BAY. TO ENSURE COMPLIANCE, THE CONTRACTOR SHALL IMPLEMENT THE APPROPRIATE BEST MANAGEMENT PRACTICES (BMP) AS OUTLINED IN THE BROCHURES TITLED "CONSTRUCTION BEST MANAGEMENT PRACTICES" ISSUED BY THE SAN MATEO COUNTYWIDE WATER POLLUTION PREVENTION PROGRAM, TO SUIT THE CONSTRUCTION SITE AND JOB CONDITION. THE CONTRACTOR SHALL PRESENT HIS PROPOSED BMP AT THE PRE-CONSTUCTION MEETING FOR DISCUSSION AND APPROVAL.

22. CONTRACTOR SHALL CONTROL DUST ACCORDING TO THE SPECIFICATIONS.

23. CONTRACTOR IS RESPONSIBLE FOR HANDLING STORM DRAIN AND CREEK WATER DURING CONSTRUCTION.

TITLE SHEET
SAN MATEO COUNTY BENCHMARK "BM O55-005", SOUTHWESTERLY BOLT OF ELECTROLIER LOCATED AT THE EAST CORNER OF DORE AVENUE AND KINGSTON STREET. ELEVATION 98.344 FEET, CITY OF SAN MATEO DATUM.

TO OBTAIN ELEVATIONS IN NAVD88 DATUM, SUBTRACT 94.94 FEET.

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N BAYSHORE FREEWAY
(WIDTH VARIES) (A PUBLIC ROAD)
A
-
1' WIDE WEIR
35'
1'
2'-2"

REMOVE OAK
TREE

REMOVE DEAD

TREE AND

BRANCHES

MATCH (EX)

99.1 MATCH (EX)
TOP OF
BANK 98.2

CAUTION -

PROTECT OH

ELECTRIC
(4)18" Ø ROSCOE MOSS

STORMFLO FULL

TRASH CAPTURE
DEVICES. SEE DETAIL
1, SHEET C3
TRIM

OVERHANGING

BRANCHES IN

CHANNEL
53'-1"
16'

MATCH (EX)
TOP OF
BANK 99.6 1'-3"
5'5'
6'
10'-8"
3'-6"
1'-7"
25'-2"
1'-5"

LIMITS OF
WORK

PROTECT
BACK
FLOW

PREVENTOR

MATCH (EX)

99.1 TEMPORARY

DEWATERING
AREA
(1474 SF)

TEMPORARY

FLEXIBLE

PLASTIC
BYPASS
PIPING

SITE PARKING AND
STAGING AREA (864 SF),
SEE DETAIL 3 SHEET C3

REMOVE VEGETATION AND

GRADE PERMEABLE

ASPHALT PARKING PAD TO

EXISTING GROUND

ELEVATION
320 CU. FT OF

PERMANENT FILL

BELOW BANK AND
236 CU. FT OF

PERMANENT FILL

BELOW OHWM IN

CHANNEL
(INCLUDES WEIR,

TRASH CAPTURE

DEVICES, AND

TRASH CAPTURE

ANCHOR PLATE)
488 SF FOOTPRINT OF

IMPACT BELOW BANK
AND 361 SF FOOTPRINT

OF IMPACT BELOW

OHWM (INCLUDES WEIR,

CONCRETE

REPLACEMENT, TRASH

CAPTURE DEVICES, AND

TRASH CAPTURE

ANCHOR PLATE)
2' WIDE DEWATERING

COFFERDAM

OHWM LINE
10' WIDE CHANNEL

REPLACEMENT

TRASH CAPTURE

DEVICE ANCHOR
PLATE
6' WIDE DEWATERING

COFFERDAM
18" Ø OPENING FOR

TRASH CAPTURE DEVICE
18" Ø TRASH

CAPTURE
DEVICE. SEE
SHEET 3
3' HIGH

WEIR WALL
APPROX. BANK

PROFILE

EXISTING CONCRETE

LINED CHANNEL
INVERT
EXISTING 58"x
36" ELLIPTICAL

DRAIN OUTLET
HIGH

COFFERDAM

TEMPORARY

FLEXIBLE

BYPASS PIPE HIGH

COFFERDAM
6'
2'-2"
SCALE: 1 INCH = 4 FEET
4SHEET ______ OF ______
DRAWN BY: CYT
DESIGNED BY: CYT
QC CHECKED BY: VB
PROJECT No. XXXXX
SCALE: AS SHOWN
SUBMITTAL: 75%
DATEBYDESCRIPTIONREV. NO.

POPLAR GOLF COURSE TRASH

CAPTURE DEVICE
CITY PROJECT NO. XXXXX
(415) 433-4848
SAN FRANCISCO, CA 94102
870 MARKET STREET, SUITE 1278

CONSULTING CIVIL ENGINEERS
Schaaf Wheeler

NOT FOR

CONSTRUCTION

IMPROVEMENT PLAN AND PROFILE
2 DATE: 07/21/21
DATE: 07/21/21
DATE: 07/21/21

SITE PLAN
SCALE: 1"=4'

SECTION
-
A

PROJECT IMPACT

TEMPORARY IMPACT BELOW BANK
(340 SF) AND BELOW OHWM (206
SF)

COFFERDAM

BYPASS PIPE

PERMANENT IMPACT BELOW BANK
(1465 SF) AND BELOW OHWM (361
SF)

TRASH CAPTURE DEVICES AND

ANCHOR PLATES
WEIR
10' WIDE CHANNEL REPLACEMENT

PERMEABLE ASPHALT PARKING
PAD
SCALE: 1"=4'
DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 226 of 662
1"
2"
2"
5/8"
3 8"
6"3 8"
6"
23 4"
4"
1916"
11516"
4"
1'-4"
112"12"
14"
14 ROWS
8 ROWS
2"
14" 916"
4"
Ø1'-65 8"
2"
114"
2'-2"
1'-1"
Ø7/8"
2"
LATCHES 2 PLACES

LOCATED SAME AS HINGES
3'
16"
8"
4"
4"
14"
Ø1'-718"
LATCHES 2 PLACES

LOCATED SAME AS HINGES
3'
16 11516"
304 SS
4"x4" HINGE 1/4" THICK WITH HATCH STOP
2 PLACES ON HATCH
5"
2"
3 8"
2" 8"
23 4"
2"
112"
1/2" THICK ANCHOR PLATE
2'-2"

INFLOW VIEW
Ø1'-618"
1'
2"
Ø1'-65 8"
1'-9"
1'-1118"

PIPE SUPPORT & COUPLING DETAILS
SADDLE TYPE WITH Ø18-5/8" ID HALF COUPLING 4"
WIDE

COUPLING COLLAR
Ø1'-65 8"
1'

BASE PLATE
10"

END SUPPORT

OUTFLOW VIEW

PERFORATED END
PLATE

END SECTIONS
Ø18-5/8" OD, 1/4" WALL PIPE 14 ROWS OF LOUVER 0.200" OPENING SIZE 2-5/8 MINIMUM LENGTH. MATERIAL ROLLED TO PIPE PRIOR TO

PERFORATING
2"
2"
5" 2"
2"
16"

MIDDLE SECTION(S)
Ø18-5/8" OD, 1/4" WALL PIPE 14 ROWS OF LOUVER 0.200" OPENING SIZE 2-5/8 MINIMUM LENGTH. MATERIAL ROLLED TO PIPE PRIOR TO

PERFORATING
5'

TWO HANDLES WELDED ON EACH HATCH
(LOCATE TYP TO HINGE LOCATION)
1'
23 4"

OVERFLOW SECTION
Ø18-5/8" OD, 1/4" WALL PIPE 14 ROWS OF LOUVER 0.200" OPENING SIZE 2-5/8" MINIMUM LENGTH AND
WITH 12"x16" OVERFLOW WINDOW
1/2" THICK ANCHOR PLATE
2'-3"
3' 2"
2"
2"
GENERAL NOTES:

1. SCREEN PIPE MANUFACTURED ACCORDING TO ASTM A778

2. HATCHES TO HAVE A MECHANICAL STOP TO HOLD ON OPEN POSITION, MATERIAL THICKNESS 1/2"

3. HATCH OPENINGS TO HAVE A 1" X 1/4" BAR FOR FRAME SUPPORT AND SEAT

FOR HATCH

4. LATCHES TO BE RATED AT 907Kg, 304L ALL AMERICAN MODEL #341-SS OR

COMPARABLE

5. 304L HINGES 1/4" THICK LEAF, 4" x 4" OPEN DIMENSION, Ø5/8 BRASS PIN

6. ALL MATERIALS TO BE 316 SS UNLESS OTHERWISE NOTED

7. WELDING TO CONFORM WITH AWS D1.6 2017 ED PRE-QUALIFIED

8. ALL DIMENSIONS IN INCHES UNLESS OTHERWISE NOTED.

9. FRACTIONAL TOLERANCES ± 1/4" FOR DIAMETERS UP TO 24"OD AND ± 1/2 FOR DIAMETERS ABOVE 24" OD

10. HATCH OPENING ORIENTATION TO MATCH CONFIGURATION AS DETAILED IN

CE&G PROJECT PLANS
10'
23 4"
10"
5"
10'
10"
23 4"
2'-4"
3'
16"
23 4"
10"
NOTES:

1. TREE PROTECTED ZONE (TPZ), HAS RADIUS
OF 10 FEET OR 10-TIMES THE DIAMETER OF

THE TREE, WHICHEVER IS GREATER

2. ANY PROPOSED TRENCH OR FORM WORK

WITHIN THE TPZ OF A PROTECTED TREE

REQUIRES APPROVAL FROM THE ARBORIST

3. TREE FENCING IS REQUIRED AND SHALL BE

ERECTED BEFORE DEMOLITION, GRADING, OR

CONSTRUCTION BEGINS
3 4SHEET ______ OF ______
DRAWN BY: CYT
DESIGNED BY: CYT
QC CHECKED BY: CJG
PROJECT No. XXX
SCALE: AS SHOWN
SUBMITTAL: 75%
DATE: 07/21/21
DATE: 07/21/21
DATE: 07/21/21
DATEBYDESCRIPTIONREV. NO.

POPLAR AT GOLF COURSE

TRASH CAPTURE DEVICE
CITY PROJECT NO. XXX (415) 433-4848
SAN FRANCISCO, CA 94102
870 MARKET STREET, SUITE 1278

CONSULTING CIVIL ENGINEERS
Schaaf WheelerCONSTRUCTION DETAILS
64#5*%#2674'&'8+%'
Ä

NTS
64''2416'%6+10&'6#+.

Ä

NTS
5+6'2#8'/'06&'6#+.

Ä

NTS
DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 227 of 662
4 4SHEET ______ OF ______
DRAWN BY: CYT
DESIGNED BY: CYT
QC CHECKED BY: CJG
PROJECT No. XXX
SCALE: AS SHOWN
SUBMITTAL: 75%
DATE: 07/21/21
DATE: 07/21/21
DATE: 07/21/21
DATEBYDESCRIPTIONREV. NO.

POPLAR AT GOLF COURSE

TRASH CAPTURE DEVICE
CITY PROJECT NO. XXX (415) 433-4848
SAN FRANCISCO, CA 94102
870 MARKET STREET, SUITE 1278

CONSULTING CIVIL ENGINEERS
Schaaf WheelerSMCWPPP CONSTRUCTION BMP's
DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 228 of 662
Biological Resources Technical Report
October 2021
WRA, Inc.

Appendix D

APPENDIX D – DATABASE RESULTS FOR SPECIAL STATUS SPECIES DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 229 of 662
Biological Resources Technical Report
October 2021
WRA, Inc.

Appendix D

THIS PAGE INTENTIONALLY LEFT BLANK
DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 230 of 662
Elev. Element Occ. Ranks Population Status Presence
Name (Scientific/Common)
CNDDB
Ranks
Listing Status
(Fed/State) Other Lists
Range
(ft.)
Total
EO's A B C D X U
Historic
> 20 yr
Recent
<= 20 yr Extant
Poss.

Extirp. Extirp.

Acanthomintha duttonii
San Mateo thorn-mint
G1
S1
Endangered
Endangered
Rare Plant Rank - 1B.1
SB_UCBG-UC
Botanical Garden at
Berkeley
325
550
5 S:2
0 0 0 0 1 1 2 0 1 1 0
Adela oplerella
Opler's longhorn moth
G2
S2
None
None
100
100
14 S:1
0 0 0 0 0 1 1 0 1 0 0
Agrostis blasdalei
Blasdale's bent grass
G2
S2
None
None
Rare Plant Rank - 1B.2
BLM_S-Sensitive
SB_UCSC-UC Santa
Cruz
50 50
62 S:1
0 0 0 1 0 0 0 1 1 0 0
Allium peninsulare var. franciscanum
Franciscan onion
G5T2
S2
None
None
Rare Plant Rank - 1B.2 20
1,025
25 S:10
1 4 1 0 0 4 4 6 10 0 0
Amsinckia lunaris
bent-flowered fiddleneck
G3
S3
None
None
Rare Plant Rank - 1B.2
BLM_S-Sensitive
SB_UCBG-UC
Botanical Garden at
Berkeley
SB_UCSC-UC Santa
Cruz
220
475
93 S:5
0 2 1 0 0 2 2 3 5 0 0
Antrozous pallidus
pallid bat
G4
S3
None
None
BLM_S-Sensitive
CDFW_SSC-Species
of Special Concern
IUCN_LC-Least
Concern
USFS_S-Sensitive
WBWG_H-High
Priority
40 40
420
S:2
0 0 0 0 0 2 2 0 2 0 0
Arctostaphylos franciscana
Franciscan manzanita
GHC
S1
Endangered
None
Rare Plant Rank - 1B.1
SB_UCBG-UC
Botanical Garden at
Berkeley
700
700
4 S:1
0 0 0 0 1 0 1 0 0 0 1
Arctostaphylos imbricata
San Bruno Mountain manzanita
G1
S1
None
Endangered
Rare Plant Rank - 1B.1 900
1,000
2 S:2
1 0 0 0 0 1 1 1 2 0 0
Query Criteria: Quad<span style='color:Red'> IS </span>(San Francisco South (3712264)<span style='color:Red'> OR </span>Hunters Point (3712263)<span style='color:Red'> OR </span>San Mateo (3712253)<span style='color:Red'> OR </span>Montara Mountain (3712254))<br /><span style='color:Red'> AND </span>Taxonomic Group<span style='color:Red'> IS </span>(Fish<span style='color:Red'> OR </span>Amphibians<span style='color:Red'> OR </span>Reptiles<span style='color:Red'> OR </span>Birds<span style='color:Red'> OR </span>Mammals<span style='color:Red'> OR </span>Mollusks<span style='color:Red'> OR </span>Arachnids<span style='color:Red'> OR </span>Crustaceans<span style='color:Red'> OR </span>Insects<span style='color:Red'> OR </span>Ferns<span style='color:Red'> OR </span>Gymnosperms<span style='color:Red'> OR </span>Monocots<span style='color:Red'> OR </span>Dicots<span style='color:Red'> OR </span>Lichens<span style='color:Red'> OR </span>Bryophytes) Report Printed on Tuesday, September 28, 2021

Information Expires 3/3/2022
Summary Table Report
California Department of Fish and Wildlife
California Natural Diversity Database
DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 231 of 662
Elev. Element Occ. Ranks Population Status Presence
Name (Scientific/Common)
CNDDB
Ranks
Listing Status
(Fed/State) Other Lists
Range
(ft.)
Total
EO's A B C D X U
Historic
> 20 yr
Recent
<= 20 yr Extant
Poss.

Extirp. Extirp.

Arctostaphylos montana ssp. ravenii
Presidio manzanita
G3T1
S1
Endangered
Endangered
Rare Plant Rank - 1B.1 700
700
7 S:1
0 0 0 0 1 0 1 0 0 0 1
Arctostaphylos montaraensis
Montara manzanita
G1
S1
None
None
Rare Plant Rank - 1B.2
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
SB_USDA-US Dept of
Agriculture
900
1,500
4 S:4
2 0 1 1 0 0 1 3 4 0 0
Arctostaphylos pacifica
Pacific manzanita
G1
S1
None
Endangered
Rare Plant Rank - 1B.1 1,045
1,045
1 S:1
0 0 1 0 0 0 0 1 1 0 0
Arctostaphylos regismontana
Kings Mountain manzanita
G2
S2
None
None
Rare Plant Rank - 1B.2 1,000
1,000
17 S:2
0 0 0 0 0 2 2 0 2 0 0
Astragalus pycnostachyus var.
pycnostachyus
coastal marsh milk-vetch
G2T2
S2
None
None
Rare Plant Rank - 1B.2
BLM_S-Sensitive
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
SB_SBBG-Santa
Barbara Botanic
Garden
SB_UCBG-UC
Botanical Garden at
Berkeley
25 S:2
0 0 0 0 0 2 2 0 2 0 0
Astragalus tener var. tener
alkali milk-vetch
G2T1
S1
None
None
Rare Plant Rank - 1B.2 50
50 65
S:1
0 0 0 0 1 0 1 0 0 1 0
Athene cunicularia
burrowing owl
G4
S3
None
None
BLM_S-Sensitive
CDFW_SSC-Species
of Special Concern
IUCN_LC-Least
Concern
USFWS_BCC-Birds of
Conservation Concern
5 5
2011
S:1
0 1 0 0 0 0 0 1 1 0 0
Banksula incredula
incredible harvestman
G1
S1
None
None
1,110
1,110
1 S:1
0 0 0 0 0 1 1 0 1 0 0
Bombus caliginosus
obscure bumble bee
G4?
S1S2
None
None
IUCN_VU-Vulnerable 30
400
181
S:5
0 0 0 0 0 5 4 1 5 0 0
Report Printed on Tuesday, September 28, 2021

Information Expires 3/3/2022
Summary Table Report
California Department of Fish and Wildlife
California Natural Diversity Database
DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 232 of 662
Elev. Element Occ. Ranks Population Status Presence
Name (Scientific/Common)
CNDDB
Ranks
Listing Status
(Fed/State) Other Lists
Range
(ft.)
Total
EO's A B C D X U
Historic
> 20 yr
Recent
<= 20 yr Extant
Poss.

Extirp. Extirp.

Bombus occidentalis
western bumble bee
G2G3
S1
None
Candidate
Endangered
USFS_S-Sensitive 40
800
306
S:9
0 0 0 0 0 9 9 0 9 0 0
Brachyramphus marmoratus
marbled murrelet
G3
S2
Threatened
Endangered
CDF_S-Sensitive
IUCN_EN-Endangered
NABCI_RWL-Red
Watch List
800
800
110
S:1
0 0 0 0 0 1 0 1 1 0 0
Caecidotea tomalensis
Tomales isopod
G2
S2S3
None
None
50 2,100
6 S:2
0 0 1 1 0 0 2 0 2 0 0
Calicina minor
Edgewood blind harvestman
G1
S1
None
None
400
400
2 S:1
0 0 0 0 0 1 1 0 1 0 0
Callophrys mossii bayensis
San Bruno elfin butterfly
G4T1
S3
Endangered
None
600
1,882
6 S:6
2 1 0 0 0 3 1 5 6 0 0
Carex comosa
bristly sedge
G5
S2
None
None
Rare Plant Rank - 2B.1
IUCN_LC-Least
Concern
0 0
32 S:1
0 0 0 0 1 0 1 0 0 0 1
Centromadia parryi ssp. parryi
pappose tarplant
G3T2
S2
None
None
Rare Plant Rank - 1B.2
BLM_S-Sensitive
10 23
39 S:2
0 0 0 1 0 1 1 1 2 0 0
Charadrius nivosus nivosus
western snowy plover
G3T3
S2
Threatened
None
CDFW_SSC-Species
of Special Concern
NABCI_RWL-Red
Watch List
USFWS_BCC-Birds of
Conservation Concern
5 10
138
S:2
0 0 0 0 0 2 2 0 2 0 0
Chloropyron maritimum ssp. palustre
Point Reyes salty bird's-beak
G4?T2
S2
None
None
Rare Plant Rank - 1B.2
BLM_S-Sensitive
5 5
76 S:1
0 0 0 0 1 0 1 0 0 1 0
Chorizanthe cuspidata var. cuspidata
San Francisco Bay spineflower
G2T1
S1
None
None
Rare Plant Rank - 1B.2 50
650
17 S:8
0 0 2 0 0 6 5 3 8 0 0
Chorizanthe robusta var. robusta
robust spineflower
G2T1
S1
Endangered
None
Rare Plant Rank - 1B.1 150
150
20 S:2
0 0 0 0 2 0 2 0 0 2 0
Cicindela hirticollis gravida
sandy beach tiger beetle
G5T2
S2
None
None
10 10
34 S:1
0 0 0 0 1 0 1 0 0 0 1
Cirsium andrewsii
Franciscan thistle
G3
S3
None
None
Rare Plant Rank - 1B.2 100
450
31 S:3
0 0 0 0 1 2 3 0 2 1 0
Report Printed on Tuesday, September 28, 2021

Information Expires 3/3/2022
Summary Table Report
California Department of Fish and Wildlife
California Natural Diversity Database
DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 233 of 662
Elev. Element Occ. Ranks Population Status Presence
Name (Scientific/Common)
CNDDB
Ranks
Listing Status
(Fed/State) Other Lists
Range
(ft.)
Total
EO's A B C D X U
Historic
> 20 yr
Recent
<= 20 yr Extant
Poss.

Extirp. Extirp.

Cirsium fontinale var. fontinale
fountain thistle
G2T1
S1
Endangered
Endangered
Rare Plant Rank - 1B.1
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
400
400
5 S:1
0 1 0 0 0 0 0 1 1 0 0
Cirsium occidentale var. compactum
compact cobwebby thistle
G3G4T2
S2
None
None
Rare Plant Rank - 1B.2
BLM_S-Sensitive
100
100
30 S:1
0 0 0 0 1 0 1 0 0 1 0
Collinsia corymbosa
round-headed Chinese-houses
G1
S1
None
None
Rare Plant Rank - 1B.2 25
25 13
S:1
0 0 0 0 0 1 1 0 1 0 0
Collinsia multicolor
San Francisco collinsia
G2
S2
None
None
Rare Plant Rank - 1B.2
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
SB_UCSC-UC Santa
Cruz
100
700
36 S:16
0 4 0 0 0 12 9 7 16 0 0
Corynorhinus townsendii
Townsend's big-eared bat
G4
S2
None
None
BLM_S-Sensitive
CDFW_SSC-Species
of Special Concern
IUCN_LC-Least
Concern
USFS_S-Sensitive
WBWG_H-High
Priority
320
700
635
S:2
0 0 0 1 0 1 0 2 2 0 0
Danaus plexippus pop. 1
monarch - California overwintering population
G4T2T3
S2S3
Candidate
None
USFS_S-Sensitive 100
150
383
S:2
0 0 0 0 1 1 2 0 1 1 0
Dicamptodon ensatus
California giant salamander
G3
S2S3
None
None
CDFW_SSC-Species
of Special Concern
IUCN_NT-Near
Threatened
650
650
234
S:1
0 1 0 0 0 0 1 0 1 0 0
Dipodomys venustus venustus
Santa Cruz kangaroo rat
G4T1
S1
None
None
42 42
29 S:1
0 0 0 0 1 0 1 0 0 1 0
Dirca occidentalis
western leatherwood
G2
S2
None
None
Rare Plant Rank - 1B.2
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
255
1,265
90 S:15
3 3 2 0 0 7 4 11 15 0 0
Dufourea stagei
Stage's dufourine bee
G1G2
S1
None
None
700
700
1 S:1
0 0 0 0 0 1 1 0 1 0 0
Report Printed on Tuesday, September 28, 2021

Information Expires 3/3/2022
Summary Table Report
California Department of Fish and Wildlife
California Natural Diversity Database
DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 234 of 662
Elev. Element Occ. Ranks Population Status Presence
Name (Scientific/Common)
CNDDB
Ranks
Listing Status
(Fed/State) Other Lists
Range
(ft.)
Total
EO's A B C D X U
Historic
> 20 yr
Recent
<= 20 yr Extant
Poss.

Extirp. Extirp.

Emys marmorata
western pond turtle
G3G4
S3
None
None
BLM_S-Sensitive
CDFW_SSC-Species
of Special Concern
IUCN_VU-Vulnerable
USFS_S-Sensitive
40 525
1398
S:10
1 7 2 0 0 0 2 8 10 0 0
Erethizon dorsatum
North American porcupine
G5
S3
None
None
IUCN_LC-Least
Concern
509
509
523
S:1
0 0 0 0 0 1 1 0 1 0 0
Eriophyllum latilobum
San Mateo woolly sunflower
G1
S1
Endangered
Endangered
Rare Plant Rank - 1B.1
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
100
900
8 S:6
1 2 1 0 0 2 0 6 6 0 0
Eucyclogobius newberryi
tidewater goby
G3
S3
Endangered
None
AFS_EN-Endangered
IUCN_VU-Vulnerable
20 20
127
S:1
0 0 0 0 1 0 1 0 0 0 1
Euphydryas editha bayensis
Bay checkerspot butterfly
G5T1
S1
Threatened
None
100
1,000
30 S:5
0 0 0 0 5 0 5 0 0 1 4
Falco columbarius
merlin
G5
S3S4
None
None
CDFW_WL-Watch List
IUCN_LC-Least
Concern
65 65
37 S:1
0 1 0 0 0 0 0 1 1 0 0
Falco peregrinus anatum
American peregrine falcon
G4T4
S3S4
Delisted
Delisted
CDF_S-Sensitive
CDFW_FP-Fully
Protected
USFWS_BCC-Birds of
Conservation Concern
5 10
58 S:2
0 1 0 0 0 1 0 2 2 0 0
Fritillaria biflora var. ineziana
Hillsborough chocolate lily
G3G4T1
S1
None
None
Rare Plant Rank - 1B.1
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
SB_UCBG-UC
Botanical Garden at
Berkeley
SB_USDA-US Dept of
Agriculture
550
550
2 S:2
0 1 0 0 0 1 1 1 2 0 0
Fritillaria liliacea
fragrant fritillary
G2
S2
None
None
Rare Plant Rank - 1B.2
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
USFS_S-Sensitive
295
800
82 S:6
0 2 0 0 1 3 4 2 5 0 1
Report Printed on Tuesday, September 28, 2021

Information Expires 3/3/2022
Summary Table Report
California Department of Fish and Wildlife
California Natural Diversity Database
DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 235 of 662
Elev. Element Occ. Ranks Population Status Presence
Name (Scientific/Common)
CNDDB
Ranks
Listing Status
(Fed/State) Other Lists
Range
(ft.)
Total
EO's A B C D X U
Historic
> 20 yr
Recent
<= 20 yr Extant
Poss.

Extirp. Extirp.

Geothlypis trichas sinuosa
saltmarsh common yellowthroat
G5T3
S3
None
None
CDFW_SSC-Species
of Special Concern
USFWS_BCC-Birds of
Conservation Concern
25 480
112
S:4
0 1 0 0 0 3 4 0 4 0 0
Gilia capitata ssp. chamissonis
blue coast gilia
G5T2
S2
None
None
Rare Plant Rank - 1B.1
SB_UCBG-UC
Botanical Garden at
Berkeley
10 650
37 S:4
0 1 0 0 0 3 3 1 4 0 0
Gilia millefoliata
dark-eyed gilia
G2
S2
None
None
Rare Plant Rank - 1B.2
BLM_S-Sensitive
54 S:3
0 0 0 0 2 1 3 0 1 0 2
Grindelia hirsutula var. maritima
San Francisco gumplant
G5T1Q
S1
None
None
Rare Plant Rank - 3.2
SB_UCSC-UC Santa
Cruz
50 1,000
15 S:9
0 0 1 1 1 6 9 0 8 0 1
Helianthella castanea
Diablo helianthella
G2
S2
None
None
Rare Plant Rank - 1B.2 700
700
107
S:2
0 1 0 0 1 0 1 1 1 1 0
Hemizonia congesta ssp. congesta
congested-headed hayfield tarplant
G5T2
S2
None
None
Rare Plant Rank - 1B.2
SB_UCBG-UC
Botanical Garden at
Berkeley
52 S:2
0 0 0 0 1 1 2 0 1 1 0
Hesperevax sparsiflora var. brevifolia
short-leaved evax
G4T3
S3
None
None
Rare Plant Rank - 1B.2
BLM_S-Sensitive
400
500
72 S:2
0 0 0 0 1 1 2 0 1 1 0
Hesperolinon congestum
Marin western flax
G1
S1
Threatened
Threatened
Rare Plant Rank - 1B.1
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
SB_UCBG-UC
Botanical Garden at
Berkeley
200
600
27 S:5
0 2 2 0 1 0 2 3 4 1 0
Heteranthera dubia
water star-grass
G5
S2
None
None
Rare Plant Rank - 2B.2
IUCN_LC-Least
Concern
9 S:1
0 0 0 0 0 1 1 0 1 0 0
Horkelia cuneata var. sericea
Kellogg's horkelia
G4T1?
S1?
None
None
Rare Plant Rank - 1B.1
SB_UCSC-UC Santa
Cruz
USFS_S-Sensitive
150
600
58 S:4
0 0 0 0 1 3 4 0 3 1 0
Horkelia marinensis
Point Reyes horkelia
G2
S2
None
None
Rare Plant Rank - 1B.2 300
300
36 S:2
0 0 0 0 0 2 2 0 2 0 0
Report Printed on Tuesday, September 28, 2021

Information Expires 3/3/2022
Summary Table Report
California Department of Fish and Wildlife
California Natural Diversity Database
DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 236 of 662
Elev. Element Occ. Ranks Population Status Presence
Name (Scientific/Common)
CNDDB
Ranks
Listing Status
(Fed/State) Other Lists
Range
(ft.)
Total
EO's A B C D X U
Historic
> 20 yr
Recent
<= 20 yr Extant
Poss.

Extirp. Extirp.

Hydrochara rickseckeri
Ricksecker's water scavenger beetle
G2?
S2?
None
None
35 35
13 S:1
0 0 0 0 0 1 1 0 1 0 0
Hydroporus leechi
Leech's skyline diving beetle
G1?
S1?
None
None
680
680
13 S:1
0 0 0 0 0 1 1 0 0 1 0
Hypogymnia schizidiata
island tube lichen
G2G3
S2
None
None
Rare Plant Rank - 1B.3 1,290
1,780
10 S:3
2 0 0 0 0 1 0 3 3 0 0
Ischnura gemina
San Francisco forktail damselfly
G2
S2
None
None
IUCN_VU-Vulnerable 25
540
7 S:4
0 0 0 0 1 3 4 0 3 1 0
Lasiurus cinereus
hoary bat
G3G4
S4
None
None
IUCN_LC-Least
Concern
WBWG_M-Medium
Priority
20 20
238
S:6
0 0 0 0 0 6 6 0 6 0 0
Lasthenia californica ssp. macrantha
perennial goldfields
G3T2
S2
None
None
Rare Plant Rank - 1B.2
BLM_S-Sensitive
40 350
59 S:2
0 1 0 0 0 1 0 2 2 0 0
Laterallus jamaicensis coturniculus
California black rail
G3G4T1
S1
None
Threatened
BLM_S-Sensitive
CDFW_FP-Fully
Protected
IUCN_NT-Near
Threatened
NABCI_RWL-Red
Watch List
USFWS_BCC-Birds of
Conservation Concern
5 25
303
S:2
0 0 0 1 0 1 2 0 2 0 0
Layia carnosa
beach layia
G2
S2
Endangered
Endangered
Rare Plant Rank - 1B.1
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
SB_SBBG-Santa
Barbara Botanic
Garden
40 40
25 S:1
0 0 0 0 1 0 1 0 0 0 1
Leptosiphon croceus
coast yellow leptosiphon
G1
S1
None
Endangered
Rare Plant Rank - 1B.1
SB_UCBG-UC
Botanical Garden at
Berkeley
50 50
1 S:1
0 0 0 1 0 0 0 1 1 0 0
Leptosiphon rosaceus
rose leptosiphon
G1
S1
None
None
Rare Plant Rank - 1B.1 70
70 31
S:4
0 1 0 0 2 1 2 2 2 2 0
Report Printed on Tuesday, September 28, 2021

Information Expires 3/3/2022
Summary Table Report
California Department of Fish and Wildlife
California Natural Diversity Database
DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 237 of 662
Elev. Element Occ. Ranks Population Status Presence
Name (Scientific/Common)
CNDDB
Ranks
Listing Status
(Fed/State) Other Lists
Range
(ft.)
Total
EO's A B C D X U
Historic
> 20 yr
Recent
<= 20 yr Extant
Poss.

Extirp. Extirp.

Lessingia arachnoidea
Crystal Springs lessingia
G2
S2
None
None
Rare Plant Rank - 1B.2
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
300
500
11 S:6
2 2 0 0 0 2 1 5 6 0 0
Lessingia germanorum
San Francisco lessingia
G1
S1
Endangered
Endangered
Rare Plant Rank - 1B.1 150
500
5 S:2
0 0 1 0 1 0 2 0 1 1 0
Lichnanthe ursina
bumblebee scarab beetle
G2
S2
None
None
15 20
8 S:2
0 0 0 0 0 2 2 0 2 0 0
Limnanthes douglasii ssp. ornduffii
Ornduff's meadowfoam
G4T1
S1
None
None
Rare Plant Rank - 1B.1
SB_UCSC-UC Santa
Cruz
30 50
2 S:2
0 0 0 0 1 1 0 2 1 1 0
Malacothamnus arcuatus
arcuate bush-mallow
G2Q
S2
None
None
Rare Plant Rank - 1B.2
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
10 700
30 S:6
0 1 0 1 1 3 4 2 5 0 1
Melospiza melodia pusillula
Alameda song sparrow
G5T2?
S2S3
None
None
CDFW_SSC-Species
of Special Concern
USFWS_BCC-Birds of
Conservation Concern
10 42
38 S:5
0 0 0 0 0 5 5 0 5 0 0
Monardella sinuata ssp. nigrescens
northern curly-leaved monardella
G3T2
S2
None
None
Rare Plant Rank - 1B.2
SB_SBBG-Santa
Barbara Botanic
Garden
25 S:1
0 0 0 0 1 0 1 0 0 1 0
Monolopia gracilens
woodland woollythreads
G3
S3
None
None
Rare Plant Rank - 1B.2 640
640
68 S:2
0 0 0 0 0 2 2 0 2 0 0
Mylopharodon conocephalus
hardhead
G3
S3
None
None
CDFW_SSC-Species
of Special Concern
USFS_S-Sensitive
20 20
33 S:1
0 0 0 0 0 1 1 0 1 0 0
Myotis thysanodes
fringed myotis
G4
S3
None
None
BLM_S-Sensitive
IUCN_LC-Least
Concern
USFS_S-Sensitive
WBWG_H-High
Priority
500
500
86 S:1
0 1 0 0 0 0 0 1 1 0 0
Neotoma fuscipes annectens
San Francisco dusky-footed woodrat
G5T2T3
S2S3
None
None
CDFW_SSC-Species
of Special Concern
311
522
42 S:5
0 1 0 0 0 4 0 5 5 0 0
Report Printed on Tuesday, September 28, 2021

Information Expires 3/3/2022
Summary Table Report
California Department of Fish and Wildlife
California Natural Diversity Database
DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 238 of 662
Elev. Element Occ. Ranks Population Status Presence
Name (Scientific/Common)
CNDDB
Ranks
Listing Status
(Fed/State) Other Lists
Range
(ft.)
Total
EO's A B C D X U
Historic
> 20 yr
Recent
<= 20 yr Extant
Poss.

Extirp. Extirp.

Nyctinomops macrotis
big free-tailed bat
G5
S3
None
None
CDFW_SSC-Species
of Special Concern
IUCN_LC-Least
Concern
WBWG_MH-Medium-
High Priority
150
150
32 S:1
0 0 0 0 0 1 1 0 1 0 0
Oncorhynchus mykiss irideus pop. 8
steelhead - central California coast DPS
G5T2T3Q
S2S3
Threatened
None
AFS_TH-Threatened 100
550
44 S:3
0 1 0 0 0 2 2 1 3 0 0
Pentachaeta bellidiflora
white-rayed pentachaeta
G1
S1
Endangered
Endangered
Rare Plant Rank - 1B.1
SB_UCBG-UC
Botanical Garden at
Berkeley
500
500
14 S:3
0 0 0 0 2 1 3 0 1 1 1
Phalacrocorax auritus
double-crested cormorant
G5
S4
None
None
CDFW_WL-Watch List
IUCN_LC-Least
Concern
30 75
39 S:3
0 0 2 0 0 1 3 0 3 0 0
Plagiobothrys chorisianus var. chorisianus
Choris' popcornflower
G3T1Q
S1
None
None
Rare Plant Rank - 1B.2
BLM_S-Sensitive
SB_UCSC-UC Santa
Cruz
75 1,250
42 S:5
0 2 0 0 0 3 2 3 5 0 0
Plebejus icarioides missionensis
Mission blue butterfly
G5T1
S1
Endangered
None
200
750
14 S:13
0 2 1 0 1 9 11 2 13 0 0
Polemonium carneum
Oregon polemonium
G3G4
S2
None
None
Rare Plant Rank - 2B.2 16
S:1
0 0 0 0 0 1 1 0 1 0 0
Polygonum marinense
Marin knotweed
G2Q
S2
None
None
Rare Plant Rank - 3.1 32
S:1
0 0 0 0 0 1 1 0 1 0 0
Potentilla hickmanii
Hickman's cinquefoil
G1
S1
Endangered
Endangered
Rare Plant Rank - 1B.1 25
240
4 S:2
0 1 0 0 1 0 1 1 1 0 1
Rallus obsoletus obsoletus
California Ridgway's rail
G3T1
S1
Endangered
Endangered
CDFW_FP-Fully
Protected
NABCI_RWL-Red
Watch List
0 15
99 S:8
0 1 4 0 1 2 3 5 7 1 0
Rana boylii
foothill yellow-legged frog
G3
S3
None
Endangered
BLM_S-Sensitive
CDFW_SSC-Species
of Special Concern
IUCN_NT-Near
Threatened
USFS_S-Sensitive
878
878
2476
S:1
0 0 0 0 1 0 1 0 0 0 1
Report Printed on Tuesday, September 28, 2021

Information Expires 3/3/2022
Summary Table Report
California Department of Fish and Wildlife
California Natural Diversity Database
DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 239 of 662
Elev. Element Occ. Ranks Population Status Presence
Name (Scientific/Common)
CNDDB
Ranks
Listing Status
(Fed/State) Other Lists
Range
(ft.)
Total
EO's A B C D X U
Historic
> 20 yr
Recent
<= 20 yr Extant
Poss.

Extirp. Extirp.

Rana draytonii
California red-legged frog
G2G3
S2S3
Threatened
None
CDFW_SSC-Species
of Special Concern
IUCN_VU-Vulnerable
6 4,005
1664
S:58
16 17 13 0 1 11 7 51 57 1 0
Reithrodontomys raviventris
salt-marsh harvest mouse
G1G2
S1S2
Endangered
Endangered
CDFW_FP-Fully
Protected
IUCN_EN-Endangered
2 2
144
S:1
0 0 0 0 0 1 1 0 1 0 0
Riparia riparia
bank swallow
G5
S2
None
Threatened
BLM_S-Sensitive
IUCN_LC-Least
Concern
10 40
298
S:3
0 1 0 0 0 2 2 1 3 0 0
Sanicula maritima
adobe sanicle
G2
S2
None
Rare
Rare Plant Rank - 1B.1
SB_SBBG-Santa
Barbara Botanic
Garden
USFS_S-Sensitive
250
250
17 S:1
0 0 0 0 1 0 1 0 0 0 1
Senecio aphanactis
chaparral ragwort
G3
S2
None
None
Rare Plant Rank - 2B.2
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
SB_CRES-San Diego
Zoo CRES Native
Gene Seed Bank
640
640
98 S:2
0 0 0 0 0 2 2 0 2 0 0
Silene scouleri ssp. scouleri
Scouler's catchfly
G5T4T5
S2S3
None
None
Rare Plant Rank - 2B.2 780
1,025
23 S:11
0 0 0 0 0 11 7 4 11 0 0
Silene verecunda ssp. verecunda
San Francisco campion
G5T1
S1
None
None
Rare Plant Rank - 1B.2
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
SB_UCSC-UC Santa
Cruz
25 1,500
20 S:7
0 1 0 0 2 4 4 3 5 2 0
Speyeria callippe callippe
callippe silverspot butterfly
G5T1
S1
Endangered
None
250
900
12 S:6
0 1 1 0 0 4 3 3 6 0 0
Speyeria zerene myrtleae
Myrtle's silverspot butterfly
G5T1
S1
Endangered
None
20 60
17 S:2
0 0 0 0 2 0 2 0 0 0 2
Spirinchus thaleichthys
longfin smelt
G5
S1
Candidate
Threatened
0 0
46 S:2
0 0 0 0 0 2 1 1 2 0 0
Suaeda californica
California seablite
G1
S1
Endangered
None
Rare Plant Rank - 1B.1 5
5 18
S:3
0 0 1 0 0 2 0 3 3 0 0
Report Printed on Tuesday, September 28, 2021

Information Expires 3/3/2022
Summary Table Report
California Department of Fish and Wildlife
California Natural Diversity Database
DocuSign Envelope ID: C473E141-36D3-4044-A1EC-D26583CE2809 240 of 662
Elev. Element Occ. Ranks Population Status Presence
Name (Scientific/Common)
CNDDB
Ranks
Listing Status
(Fed/State) Other Lists
Range
(ft.)
Total
EO's A B C D X U
Historic
> 20 yr
Recent
<= 20 yr Extant
Poss.

Extirp. Extirp.

Taxidea taxus
American badger
G5
S3
None
None
CDFW_SSC-Species
of Special Concern
IUCN_LC-Least
Concern
1,500
1,500
594
S:1
0 0 0 0 0 1 1 0 1 0 0
Thamnophis sirtalis tetrataenia
San Francisco gartersnake
G5T2Q
S2
Endangered
Endangered
CDFW_FP-Fully
Protected
10 1,000
66 S:22
2 7 2 0 4 7 10 12 18 0 4
Trachusa gummifera
San Francisco Bay Area leaf-cutter bee
G1
S1
None
None
93 93
3 S:1
0 0 0 0 0 1 1 0 1 0 0
Trifolium amoenum
two-fork clover
G1
S1
Endangered
None
Rare Plant Rank - 1B.1
SB_CalBG/RSABG-
California/Rancho
Santa Ana Botanic
Garden
SB_UCBG-UC
Botanical Garden at
Berkeley
SB_USDA-US Dept of
Agriculture
26 S:1
0 0 0 0 0 1 1 0 1 0 0
Trifolium hydrophilum
saline clover
G2
S2
None
None
Rare Plant Rank - 1B.2 56
S:1
0 0 0 0 0 1 1 0 1 0 0
Triphysaria floribunda
San Francisco owl's-clover
G2?
S2?
None
None
Rare Plant Rank - 1B.2 5
450
50 S:14
0 0 0 0 5 9 14 0 9 3 2
Triquetrella californica
coastal triquetrella
G2
S2
None
None
Rare Plant Rank - 1B.2
USFS_S-Sensitive
400
1,200
13 S:3
0 0 0 0 0 3 0 3 3 0 0
Tryonia imitator
mimic tryonia (=California brackishwater
snail)
G2
S2
None
None
IUCN_DD-Data
Deficient
0 0
39 S:1
0 0 0 0 1 0 1 0 0 0 1
Report Printed on Tuesday, September 28, 2021

Information Expires 3/3/2022
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This report is an automatically generated list of species and other resources such as critical habitat (collectively referred to as trust resources) under the U.S. Fish and Wildlife Service's (USFWS) jurisdiction that are known or expected to be on or near the project area referenced below. The list may also include trust resources that occur outside of the project area, but that could potentially be directly or indirectly aected by activities in the project area. However, determining the likelihood and extent of eects a project may have on trust resources typically requires gathering additional site-specic (e.g., vegetation/species surveys) and project-specic (e.g., magnitude and timing of proposed activities) information.

Below is a summary of the project information you provided and contact information for the USFWS oce(s) with jurisdiction in the dened project area. Please read the introduction to each section that follows (Endangered Species, Migratory Birds, USFWS Facilities, and NWI Wetlands) for additional information applicable to the trust resources addressed in that section.

Location
San Mateo County, California
Local oce
Sacramento Fish And Wildlife Oce
 (916) 414-6600
 (916) 414-6713
Federal Building
2800 Cottage Way, Room W-2605
Sacramento, CA 95825-1846
U.S. Fish & Wildlife Service
IPaC
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This resource list is for informational purposes only and does not constitute an analysis of project level impacts.

The primary information used to generate this list is the known or expected range of each species.

Additional areas of inuence (AOI) for species are also considered. An AOI includes areas outside of the species range if the species could be indirectly aected by activities in that area (e.g., placing a dam upstream of a sh population even if that sh does not occur at the dam site, may indirectly impact the species by reducing or eliminating water ow downstream). Because species can move, and site conditions can change, the species on this list are not guaranteed to be found on or near the project area. To fully determine any potential eects to species, additional site-specic and project-specic information is often required.

Section 7 of the Endangered Species Act requires Federal agencies to "request of the Secretary information whether any species which is listed or proposed to be listed may be present in the area of such proposed action" for any project that is conducted, permitted, funded, or licensed by any Federal agency. A letter from the local oce and a species list which fullls this requirement can only be obtained by requesting an ocial species list from either the Regulatory Review section in IPaC (see directions below) or from the local eld oce directly.

For project evaluations that require USFWS concurrence/review, please return to the IPaC website and request an ocial species list by doing the following:

1. Draw the project location and click CONTINUE.

2. Click DEFINE PROJECT.

3. Log in (if directed to do so).

4. Provide a name and description for your project.

5. Click REQUEST SPECIES LIST.

Listed species and their critical habitats are managed by the Ecological Services Program of the U.S.

Fish and Wildlife Service (USFWS) and the sheries division of the National Oceanic and Atmospheric Administration (NOAA Fisheries ).

Species and critical habitats under the sole responsibility of NOAA Fisheries are not shown on this list. Please contact NOAA Fisheries for species under their jurisdiction.

1. Species listed under the Endangered Species Act are threatened or endangered; IPaC also shows species that are candidates, or proposed, for listing. See the listing status page for more information. IPaC only shows species that are regulated by USFWS (see FAQ).

2. NOAA Fisheries, also known as the National Marine Fisheries Service (NMFS), is an oce of the National Oceanic and Atmospheric Administration within the Department of Commerce.

The following species are potentially aected by activities in this location:

Mammals
1 2

NAME STATUS
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Reptiles
Amphibians
Salt Marsh Harvest Mouse Reithrodontomys raviventris
Wherever found
No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/613
Endangered

NAME STATUS
California Clapper Rail Rallus longirostris obsoletus
Wherever found
No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/4240
Endangered
California Least Tern Sterna antillarum browni
Wherever found
No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/8104
Endangered
Marbled Murrelet Brachyramphus marmoratus
There is nal critical habitat for this species. The location of the critical habitat is not available.
http://ecos.fws.gov/ecp/species/4467
Threatened
Western Snowy Plover Charadrius nivosus nivosus
There is nal critical habitat for this species. The location of the critical habitat is not available.
http://ecos.fws.gov/ecp/species/8035
Threatened

NAME STATUS
Green Sea Turtle Chelonia mydas
No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/6199
Threatened
San Francisco Garter Snake Thamnophis sirtalis tetrataenia Wherever found
No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/5956
Endangered

NAME STATUS
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Insects
Flowering Plants
California Red-legged Frog Rana draytonii
Wherever found
There is nal critical habitat for this species. The location of the critical habitat is not available.
http://ecos.fws.gov/ecp/species/2891
Threatened

NAME STATUS
Delta Smelt Hypomesus transpacicus
Wherever found
There is nal critical habitat for this species. The location of the critical habitat is not available.
http://ecos.fws.gov/ecp/species/321
Threatened

NAME STATUS
Monarch Buttery Danaus plexippus
Wherever found
No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/9743
Candidate

NAME STATUS
California Seablite Suaeda californica
No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/6310
Endangered
Fountain Thistle Cirsium fontinale var. fontinale
Wherever found
No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/7939
Endangered
Marin Dwarf-ax Hesperolinon congestum
Wherever found
No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/5363
Threatened
San Mateo Thornmint Acanthomintha obovata ssp. duttonii Wherever found
No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/2038
Endangered
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https://ecos.fws.gov/ipac/location/VTOAE2G4DJCB5KCFXC3BW5KSFA/resources 5/17 Critical habitats
Potential eects to critical habitat(s) in this location must be analyzed along with the endangered species themselves.

THERE ARE NO CRITICAL HABITATS AT THIS LOCATION.

Migratory birds
The birds listed below are birds of particular concern either because they occur on the USFWS Birds of Conservation Concern (BCC) list or warrant special attention in your project location. To learn more about the levels of concern for birds on your list and how this list is generated, see the FAQ below. This is not a list of every bird you may nd in this location, nor a guarantee that every bird on this list will be found in your project area. To see exact locations of where birders and the general public have sighted birds in and around your project area, visit the E-bird data mapping tool (Tip:

San Mateo Woolly Sunower Eriophyllum latilobum
Wherever found
No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/7791
Endangered
White-rayed Pentachaeta Pentachaeta bellidiora
Wherever found
No critical habitat has been designated for this species. http://ecos.fws.gov/ecp/species/7782
Endangered
Certain birds are protected under the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act .

Any person or organization who plans or conducts activities that may result in impacts to migratory birds, eagles, and their habitats should follow appropriate regulations and consider implementing appropriate conservation measures, as described
below.

1. The Migratory Birds Treaty Act of 1918.

2. The Bald and Golden Eagle Protection Act of 1940.

Additional information can be found using the following links:

Birds of Conservation Concern http://www.fws.gov/birds/management/managed-species/ birds-of-conservation-concern.php
Measures for avoiding and minimizing impacts to birds
http://www.fws.gov/birds/management/project-assessment-tools-and-guidance/ conservation-measures.php
Nationwide conservation measures for birds
http://www.fws.gov/migratorybirds/pdf/management/nationwidestandardconservationmeasures.pdf 1 2
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https://ecos.fws.gov/ipac/location/VTOAE2G4DJCB5KCFXC3BW5KSFA/resources 6/17 enter your location, desired date range and a species on your list). For projects that occur o the Atlantic Coast, additional maps and models detailing the relative occurrence and abundance of bird species on your list are available. Links to additional information about Atlantic Coast birds, and other important information about your migratory bird list, including how to properly interpret and use your migratory bird report, can be found
below.

For guidance on when to schedule activities or implement avoidance and minimization measures to reduce impacts to migratory birds on your list, click on the PROBABILITY OF PRESENCE SUMMARY at the top of your list to see when these birds are most likely to be present and breeding in your project area.

NAME

BREEDING SEASON (IF A

BREEDING SEASON IS INDICATED

FOR A BIRD ON YOUR LIST, THE

BIRD MAY BREED IN YOUR

PROJECT AREA SOMETIME WITHIN

THE TIMEFRAME SPECIFIED,

WHICH IS A VERY LIBERAL

ESTIMATE OF THE DATES INSIDE

WHICH THE BIRD BREEDS
ACROSS ITS ENTIRE RANGE.
"BREEDS ELSEWHERE" INDICATES

THAT THE BIRD DOES NOT LIKELY
BREED IN YOUR PROJECT AREA.)
Allen's Hummingbird Selasphorus sasin
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
http://ecos.fws.gov/ecp/species/9637
Breeds Feb 1 to Jul 15
Bald Eagle Haliaeetus leucocephalus
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in oshore areas from certain types of development or activities.
http://ecos.fws.gov/ecp/species/1626
Breeds Jan 1 to Aug 31
Black Oystercatcher Haematopus bachmani
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
http://ecos.fws.gov/ecp/species/9591
Breeds Apr 15 to Oct 31
Black Skimmer Rynchops niger
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
http://ecos.fws.gov/ecp/species/5234
Breeds May 20 to Sep 15
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https://ecos.fws.gov/ipac/location/VTOAE2G4DJCB5KCFXC3BW5KSFA/resources 7/17 Black Tern Chlidonias niger
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
http://ecos.fws.gov/ecp/species/3093
Breeds May 15 to Aug 20
Black Turnstone Arenaria melanocephala
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds elsewhere
California Thrasher Toxostoma redivivum
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds Jan 1 to Jul 31
Clark's Grebe Aechmophorus clarkii
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds Jun 1 to Aug 31
Common Yellowthroat Geothlypis trichas sinuosa
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA
http://ecos.fws.gov/ecp/species/2084
Breeds May 20 to Jul 31
Golden Eagle Aquila chrysaetos
This is not a Bird of Conservation Concern (BCC) in this area, but warrants attention because of the Eagle Act or for potential susceptibilities in oshore areas from certain types of development or activities.
http://ecos.fws.gov/ecp/species/1680
Breeds Jan 1 to Aug 31
Gull-billed Tern Gelochelidon nilotica
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
http://ecos.fws.gov/ecp/species/9501
Breeds May 1 to Jul 31
Long-eared Owl asio otus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
http://ecos.fws.gov/ecp/species/3631
Breeds Mar 1 to Jul 15
Marbled Godwit Limosa fedoa
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
http://ecos.fws.gov/ecp/species/9481
Breeds elsewhere
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The graphs below provide our best understanding of when birds of concern are most likely to be present in your project area. This information can be used to tailor and schedule your project activities to avoid or minimize impacts to birds. Please make sure you read and understand the FAQ "Proper Interpretation and Use of Your Migratory Bird Report" before using or attempting to interpret this report.

Probability of Presence ( )
Each green bar represents the bird's relative probability of presence in the 10km grid cell(s) your project overlaps during a particular week of the year. (A year is represented as 12 4-week months.) A taller bar indicates a higher probability of species presence. The survey eort (see below) can be used to establish a level of condence in the presence score. One can have higher condence in the presence score if the corresponding survey eort is also high.

Nuttall's Woodpecker Picoides nuttallii
This is a Bird of Conservation Concern (BCC) only in particular Bird Conservation Regions (BCRs) in the continental USA
http://ecos.fws.gov/ecp/species/9410
Breeds Apr 1 to Jul 20
Oak Titmouse Baeolophus inornatus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
http://ecos.fws.gov/ecp/species/9656
Breeds Mar 15 to Jul 15
Olive-sided Flycatcher Contopus cooperi
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
http://ecos.fws.gov/ecp/species/3914
Breeds May 20 to Aug 31
Short-billed Dowitcher Limnodromus griseus
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
http://ecos.fws.gov/ecp/species/9480
Breeds elsewhere
Tricolored Blackbird Agelaius tricolor
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.
http://ecos.fws.gov/ecp/species/3910
Breeds Mar 15 to Aug 10
Willet Tringa semipalmata
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds elsewhere
Wrentit Chamaea fasciata
This is a Bird of Conservation Concern (BCC) throughout its range in the continental USA and Alaska.

Breeds Mar 15 to Aug 10
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https://ecos.fws.gov/ipac/location/VTOAE2G4DJCB5KCFXC3BW5KSFA/resources 9/17 no data survey eort breeding season probability of presence How is the probability of presence score calculated? The calculation is done in three steps:

1. The probability of presence for each week is calculated as the number of survey events in the week where the species was detected divided by the total number of survey events for that week. For example, if in week 12 there were 20 survey events and the Spotted Towhee was found in 5 of them, the probability of presence of the Spotted Towhee in week 12 is 0.25.

2. To properly present the pattern of presence across the year, the relative probability of presence is calculated. This is the probability of presence divided by the maximum probability of presence across all weeks. For example, imagine the probability of presence in week 20 for the Spotted Towhee is 0.05, and that the probability of presence at week 12 (0.25) is the maximum of any week of the year. The relative probability of presence on week 12 is 0.25/0.25 = 1; at week 20 it is

0.05/0.25 = 0.2.

3. The relative probability of presence calculated in the previous step undergoes a statistical conversion so that all possible values fall between 0 and 10, inclusive. This is the probability of presence score.

To see a bar's probability of presence score, simply hover your mouse cursor over the bar.

Breeding Season ( )
Yellow bars denote a very liberal estimate of the time-frame inside which the bird breeds across its entire range. If there are no yellow bars shown for a bird, it does not breed in your project area.

Survey Eort ( )
Vertical black lines superimposed on probability of presence bars indicate the number of surveys performed for that species in the 10km grid cell(s) your project area overlaps. The number of surveys is expressed as a range, for example, 33 to 64 surveys.

To see a bar's survey eort range, simply hover your mouse cursor over the bar.

No Data ( )
A week is marked as having no data if there were no survey events for that week.

Survey Timeframe
Surveys from only the last 10 years are used in order to ensure delivery of currently relevant information. The exception to this is areas o the Atlantic coast, where bird returns are based on all years of available data, since data in these areas is currently much more sparse.

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Allen's
Hummingbird
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
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Non-BCC
Vulnerable (This is
not a Bird of
Conservation
Concern (BCC) in
this area, but
warrants attention
because of the
Eagle Act or for
potential
susceptibilities in
oshore areas
from certain types
of development or
activities.)
Black
Oystercatcher
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Black Skimmer
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Black Tern
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Black Turnstone
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
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BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Clark's Grebe
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Common
Yellowthroat
BCC - BCR (This is a
Bird of
Conservation
Concern (BCC) only
in particular Bird
Conservation
Regions (BCRs) in
the continental
USA)
Golden Eagle
Non-BCC
Vulnerable (This is
not a Bird of
Conservation
Concern (BCC) in
this area, but
warrants attention
because of the
Eagle Act or for
potential
susceptibilities in
oshore areas
from certain types
of development or
activities.)
Gull-billed Tern
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
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BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)

SPECIES JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Marbled Godwit
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Nuttall's
Woodpecker
BCC - BCR (This is a
Bird of
Conservation
Concern (BCC) only
in particular Bird
Conservation
Regions (BCRs) in
the continental
USA)
Oak Titmouse
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Olive-sided
Flycatcher
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
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Dowitcher
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Tricolored
Blackbird
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Willet
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Wrentit
BCC Rangewide
(CON) (This is a
Bird of
Conservation
Concern (BCC)
throughout its
range in the
continental USA
and Alaska.)
Tell me more about conservation measures I can implement to avoid or minimize impacts to migratory birds.

Nationwide Conservation Measures describes measures that can help avoid and minimize impacts to all birds at any location year round. Implementation of these measures is particularly important when birds are most likely to occur in the project area. When birds may be breeding in the area, identifying the locations of any active nests and avoiding their destruction is a very helpful impact minimization measure. To see when birds are most likely to occur and be breeding in your project area, view the Probability of Presence Summary. Additional measures or permits may be advisable depending on the type of activity you are conducting and the type of infrastructure or bird species present on your project site.

What does IPaC use to generate the migratory birds potentially occurring in my specied location? The Migratory Bird Resource List is comprised of USFWS Birds of Conservation Concern (BCC) and other species that may warrant special attention in your project location.

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https://ecos.fws.gov/ipac/location/VTOAE2G4DJCB5KCFXC3BW5KSFA/resources 14/17 The migratory bird list generated for your project is derived from data provided by the Avian Knowledge Network (AKN). The AKN data is based on a growing collection of survey, banding, and citizen science datasets and is queried and ltered to return a list of those birds reported as occurring in the 10km grid cell(s) which your project intersects, and that have been identied as warranting special attention because they are a BCC species in that area, an eagle (Eagle Act requirements may apply), or a species that has a particular vulnerability to oshore activities or development.

Again, the Migratory Bird Resource list includes only a subset of birds that may occur in your project area. It is not representative of all birds that may occur in your project area. To get a list of all birds potentially present in your project area, please visit the AKN Phenology Tool.

What does IPaC use to generate the probability of presence graphs for the migratory birds potentially occurring in my specied location?
The probability of presence graphs associated with your migratory bird list are based on data provided by the Avian Knowledge Network (AKN). This data is derived from a growing collection of survey, banding, and citizen science datasets .

Probability of presence data is continuously being updated as new and better information becomes available. To learn more about how the probability of presence graphs are produced and how to interpret them, go the Probability of Presence Summary and then click on the "Tell me about these graphs" link.

How do I know if a bird is breeding, wintering, migrating or present year-round in my project area? To see what part of a particular bird's range your project area falls within (i.e. breeding, wintering, migrating or year-round), you may refer to the following resources: The Cornell Lab of Ornithology All About Birds Bird Guide, or (if you are unsuccessful in locating the bird of interest there), the Cornell Lab of Ornithology Neotropical Birds guide. If a bird on your migratory bird species list has a breeding season associated with it, if that bird does occur in your project area, there may be nests present at some point within the timeframe specied. If "Breeds elsewhere" is indicated, then the bird likely does not breed in your project area.

What are the levels of concern for migratory birds?
Migratory birds delivered through IPaC fall into the following distinct categories of concern:

1. "BCC Rangewide" birds are Birds of Conservation Concern (BCC) that are of concern throughout their range anywhere within the USA (including Hawaii, the Pacic Islands, Puerto Rico, and the Virgin Islands);

2. "BCC - BCR" birds are BCCs that are of concern only in particular Bird Conservation Regions (BCRs) in the continental USA; and

3. "Non-BCC - Vulnerable" birds are not BCC species in your project area, but appear on your list either because of the Eagle Act requirements (for eagles) or (for non-eagles) potential susceptibilities in oshore areas from certain types of development or activities (e.g. oshore energy development or longline shing).

Although it is important to try to avoid and minimize impacts to all birds, eorts should be made, in particular, to avoid and minimize impacts to the birds on this list, especially eagles and BCC species of rangewide concern. For more information on conservation measures you can implement to help avoid and minimize migratory bird impacts and requirements for eagles, please see the FAQs for these topics.

Details about birds that are potentially aected by oshore projects For additional details about the relative occurrence and abundance of both individual bird species and groups of bird species within your project area o the Atlantic Coast, please visit the Northeast Ocean Data Portal. The Portal also oers data and information about other taxa besides birds that may be helpful to you in your project review.

Alternately, you may download the bird model results les underlying the portal maps through the NOAA NCCOS Integrative Statistical Modeling and Predictive Mapping of Marine Bird Distributions and Abundance on the Atlantic Outer Continental Shelf project webpage.

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What if I have eagles on my list?
If your project has the potential to disturb or kill eagles, you may need to obtain a permit to avoid violating the Eagle Act should such impacts occur.

Proper Interpretation and Use of Your Migratory Bird Report The migratory bird list generated is not a list of all birds in your project area, only a subset of birds of priority concern. To learn more about how your list is generated, and see options for identifying what other birds may be in your project area, please see the FAQ "What does IPaC use to generate the migratory birds potentially occurring in my specied location". Please be aware this report provides the "probability of presence" of birds within the 10 km grid cell(s) that overlap your project; not your exact project footprint. On the graphs provided, please also look carefully at the survey eort (indicated by the black vertical bar) and for the existence of the "no data" indicator (a red horizontal bar). A high survey eort is the key component. If the survey eort is high, then the probability of presence score can be viewed as more dependable. In contrast, a low survey eort bar or no data bar means a lack of data and, therefore, a lack of certainty about presence of the species. This list is not perfect; it is simply a starting point for identifying what birds of concern have the potential to be in your project area, when they might be there, and if they might be breeding (which means nests might be present). The list helps you know what to look for to conrm presence, and helps guide you in knowing when to implement conservation measures to avoid or minimize potential impacts from your project activities, should presence be conrmed. To learn more about conservation measures, visit the FAQ "Tell me about conservation measures I can implement to avoid or minimize impacts to migratory birds" at the bottom of your migratory bird trust resources page.

Facilities
National Wildlife Refuge lands
Any activity proposed on lands managed by the National Wildlife Refuge system must undergo a 'Compatibility Determination' conducted by the Refuge. Please contact the individual Refuges to discuss any questions or concerns.

THERE ARE NO REFUGE LANDS AT THIS LOCATION.

Fish hatcheries
THERE ARE NO FISH HATCHERIES AT THIS LOCATION.

Wetlands in the National Wetlands Inventory
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For more information please contact the Regulatory Program of the local U.S. Army Corps of Engineers District.

Please note that the NWI data being shown may be out of date. We are currently working to update our NWI data set. We recommend you verify these results with a site visit to determine the actual extent of wetlands on site.

This location overlaps the following wetlands:

Data limitations
The Service's objective of mapping wetlands and deepwater habitats is to produce reconnaissance level information on the location, type and size of these resources. The maps are prepared from the analysis of high altitude imagery. Wetlands are identied based on vegetation, visible hydrology and geography. A margin of error is inherent in the use of imagery; thus, detailed on-the-ground inspection of any particular site may result in revision of the wetland boundaries or classication established through image analysis.

The accuracy of image interpretation depends on the quality of the imagery, the experience of the image analysts, the amount and quality of the collateral data and the amount of ground truth verication work conducted.

Metadata should be consulted to determine the date of the source imagery used and any mapping problems.

Wetlands or other mapped features may have changed since the date of the imagery or eld work. There may be occasional dierences in polygon boundaries or classications between the information depicted on the map and the actual conditions on site.

Data exclusions
Certain wetland habitats are excluded from the National mapping program because of the limitations of aerial imagery as the primary data source used to detect wetlands. These habitats include seagrasses or submerged aquatic vegetation that are found in the intertidal and subtidal zones of estuaries and nearshore coastal waters.

Some deepwater reef communities (coral or tubercid worm reefs) have also been excluded from the inventory.

These habitats, because of their depth, go undetected by aerial imagery.

Data precautions
Federal, state, and local regulatory agencies with jurisdiction over wetlands may dene and describe wetlands in a dierent manner than that used in this inventory. There is no attempt, in either the design or products of this inventory, to dene the limits of proprietary jurisdiction of any Federal, state, or local government or to establish the geographical scope of the regulatory programs of government agencies. Persons intending to engage in activities involving modications within or adjacent to wetland areas should seek the advice of appropriate federal,

FRESHWATER EMERGENT WETLAND
PEM1Cx
PEM1Ch

FRESHWATER POND
PUBHx

RIVERINE
R4SBAx
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CITY OF SAN MATEO
2 8
9 3

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR File ID: 22-5837 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: March 21, 2022
SUBJECT:

Facility Naming Policy – Adoption
RECOMMENDATION:

Adopt a Resolution to approve the Parks, Open Space Lands and Public Facility Naming Policy.

BACKGROUND:

In fall 2021, staff received several inquiries from individuals requesting consideration to name a park facility in memory/in honor of someone they believed was deserving. In reviewing the criteria by which parks, open spaces and other park facilities can be named, staff determined that the existing policy from 1979 appeared out of date and lacked the specificity that may be helpful to staff, the Park and Recreation Commission (“Commission”) and the City Council when considering requests for facility naming (Attachment 2).

The existing policy distinguishes between the criteria for the naming of parks and open spaces versus public facilities or amenities within parks such as buildings, ballfields, trails, etc. Parks are named after their geographic location or unusual natural features, whereas facilities or amenities may be named after selected individuals in their honor. In general, park naming has followed this protocol with only three exceptions, King Park, dedicated in honor of Dr. Martin Luther King; Bayside Joinville Park, in which the Joinville name was added in honor of Sgt. Gordon Joinville, a San Mateo police officer who died in the line of duty; and Trinta Park, named in honor of Manuel Trinta, who donated the land for use as a Little League field. Requests for facility or amenity naming for selected individuals has been intermittent over the years but has included dedications such as the John Lee Dog Park, the Gary Yates Bocce Court Complex, Fitzgerald Field at Central Park, and Chanteloup Field at Beresford Park.

The Commission had several discussions, first to consider general policy direction and then a second to review and comment on a first draft before approving a final version of the policy at its February meeting by a vote of 5-0. The final version being presented to the City Council reflects the following general policy recommendations of the Commission:
Parks and open spaces should continue to be named after their geographical locations or by significant or unusual natural, cultural, geographical, historical or environmental features. Renaming of parks where existing names have common community acceptance is strongly discouraged. Naming of parks after individuals or organizations may be considered under special circumstances, i.e. significant donation of land or in recognition of an individual who contributed extraordinary service to the City.
Public facilities or amenities within parks may be named after selected individuals and should be considered a special honor in recognition of their outstanding contributions that may include a donation of land or a significant financial contribution to improve a facility, a record of meaningful volunteer or community service, or noteworthy public service as a community member.
The current review and approval process for naming remains largely unchanged, i.e. review and recommendation 261 of 662

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by the Director of Parks and Recreation, review and recommendation by the Commission, and final consideration and action by the City Council. It should be noted, however, that both the Commission and the City Council must each conduct a public hearing under the proposed policy, which, if approved, would be a new procedural requirement.
As an alternative to facility naming, the City may choose to recognize individuals through the placement of objects such as benches, flagpoles, monument rocks, etc. within a park and include dedication signage as appropriate.

If approved, the Resolution will rescind existing Resolution 49 (1979) and adopt the updated Policy (Attachment 1).

BUDGET IMPACT:

There is no budgetary impact for taking this action.

ENVIRONMENTAL DETERMINATION:

Adoption of an updated parks, open spaces, and public facilities naming policy is not a project subject to CEQA because it is an organization or administrative activity that will not result in direct or indirect physical changes to the environment (CEQA Section 15378 (b) (5).

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Resolution No. 49 (1979)

STAFF CONTACT
Sheila Canzian, Director, Park and Recreation
[email protected]
(650) 522-7404
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RESOLUTION NO. ____ ( 2022)

PARKS, OPEN SPACE LANDS AND PUBLIC FACILITY NAMING POLICY WHEREAS, the existing Policy for Naming City-Owned Park and Open Space Lands, Public Facilities and Places dates from 1979 ; and
WHEREAS, staff determined that the policy was outdated and needed better criteria to assist staff, the Park and Recreation Commission and the City Council when evaluating the merit of facility naming requests; and
WHEREAS, the Park and Recreation Commission provided general policy direction and comments before approving the proposed updated policy at their meeting on February 2, 2022 by a vote of 5-0 ; and WHEREAS, the Park and Recreation Commission is recommending that the City Council approve the new policy in order to provide better guidelines for staff, the Commission and the City Council when evaluating facility naming requests.

NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, hereby:

1. Rescinds Resolution No. 49 (1979) Establishing Policy and Procedures for Naming City-Owned Park and Open Space Lands, Public Facilities and Places; and

2. Approves the Parks, Open Space Lands and Public Facility Naming Policy in substantially the formed attached to this Resolution.
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PARKS, OPEN SPACE LANDS AND PUBLIC FACILITY NAMING POLICY Section I: Purpose and Application
A. Purpose: To provide guidelines and procedures for the naming of City Parks, Open Space lands and public facilities and amenities within parks.

B. Application: This policy has been created to guide staff, the Park and Recreation Commission and the City Council in taking action concerning requests to name City parks, open space lands and public facilities and amenities within parks. This process does not apply to the naming of streets or other non-park civic facilities.

C. The City Council shall have the final authority to approve names of parks, open space lands and public facilities and amenities within parks after review and recommendation by the Park and Recreation Commission and Department of Parks and Recreation staff.

Section II: Definitions
A. Parks: Real property owned and managed by the City used for public recreation purposes, whether developed or undeveloped, including lands identified as open space.

B. Public Facilities and Amenities: City owned facilities/amenities that are located within a park or within part of a facility. Examples include, but are not limited to, athletic/ball fields, recreation buildings, picnic areas, trails, sports courts, playgrounds, gardens and meeting rooms within a facility.

Section III: Policy
A. Parks:
1) Each park and open space shall be named after its geographical location or by its significant or unusual natural, cultural, geographical, historical or environmental feature. Names shall not be duplicated and shall be compatible with the area in which the park and open space is located.
2) Naming parks after individuals or organizations may be considered under special circumstances such as a significant donation of land to the City and Department of Parks and Recreation or in recognition of an individual who contributed extraordinary service to the City of San Mateo.
3) Renaming of parks where existing names have common community usage and acceptance is strongly discouraged and will be considered only under rare circumstances.

B. Public Facilities and Amenities:
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1) Public facilities and amenities within parks may be named after selected individuals or organizations in their honor. Naming is a special recognition that is considered for persons and organizations deserving exceptional recognition for their unique, substantial or outstanding contribution to the Department of Parks and Recreation or to a specific park or amenity. Criteria that will be considered include, but are not limited to: donation of land or significant financial gifts to improve a facility; a record of meaningful volunteer service to the Department of Parks and Recreation or to a facility; and substantial and noteworthy public service as a community member. 2) Satisfying one or more of the criteria listed above does not assure approval of any naming recommendation.
3) The preference is for an individual to be deceased, but this is not a requirement. 4) In the case where an existing named facility is demolished or decommissioned, the City Council may choose to discontinue the use of the name, re-use the name for a replacement facility or re-assign the name to another similar facility.

Section IV: Process for Naming Parks and Public Facilities and Amenities A. Any member of the public may submit a written request for naming a Park or Public Facility or Amenity to the Director of Parks and Recreation for consideration by the Park and Recreation Commission and City Council. Nominators should provide supporting background and justification for one or more of the criteria outlined above in Section B.1.

The Director will conduct any research necessary to make an informed recommendation to the Park and Recreation Commission. The Commission will review the proposed naming recommendation, conduct a public hearing and make a recommendation to the City Council to either support or deny the request
The City Council will review the proposed recommendation, conduct a public hearing and vote whether to approve or deny the naming. Nothing in the policy shall preclude either the Park and Recreation Commission or City Council from initiating a naming request on their own.

B. Upon approval by the City Council, the site shall officially be designated as such on all maps and records.

C. A dedication plaque consistent with the existing setting and landscape shall be placed at each named facility and where possible, include information on the contributions of the individual. Responsibility for the purchase and installation of any dedication plaque shall be borne by the requesting party unless otherwise negotiated with the Department of Parks and Recreation. On delivery to the City, the dedication plaque shall become the property of the City. The location, size and type of recognition objects shall be approved by the Department of Parks and Recreation.

The City will make reasonable effort to preserve any dedication plaque or other object placed at the site. If required, due to repair of the surrounding area, construction or re- 265 of 662
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design of a facility or any other reason, the plaque may be relocated, removed, stored or otherwise disposed in the sole discretion of the City
Section V: Naming Rights as Part of a Fundraising Campaign A. When undertaking major park or facility renovations and/or new construction, the Department of Parks and Recreation may choose to engage in fundraising campaigns in order to raise community awareness and provide financial assistance to the City. This policy allows for Naming Rights to fund amenities within a park, such as buildings, playgrounds, athletic/ballfields, picnic areas, etc. Naming Right opportunities and levels of sponsorship shall be identified in advance and publicized as part of the fundraising campaign.

Recognition should be commensurate with said donations or funding.

An agreement between the City and major donors shall be negotiated which outlines the terms of the donation, including the length of time the Naming Right shall be in effect.

B. Naming Rights shall be aligned with the mission and values of the Department of Parks and Recreation and the City of San Mateo and shall avoid products, services or affiliations that promote political or religious organizations, alcohol, tobacco and cannabis products, or are otherwise considered derogatory or offensive by community standards. The City Council shall have the right to approve or deny any proposed facility name.

Section VI: Non-Facility Naming Opportunities
As an alternative to the facility naming opportunities described above, the City may choose to recognize individuals, either living or deceased or organizations by the placement of objects such as public benches, flagpoles, rocks, trees, or other features within a park or facility. The approval, placement and identification of these dedications will be at the discretion of the Parks and Recreation Department staff. A dedication plaque, appropriate to the setting and landscape will be installed.

Section VII: Miscellaneous
A. No park, open space or facility shall be named after a seated, elected or appointed official.

B. This policy encourages naming of parks and facilities in a manner which reflects the City’s ethnic and cultural diversity and elicit a positive image for all residents.

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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR File ID: 22-5897 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: March 21, 2022
SUBJECT:

Central Park Playground and Memorial Grove Final Design and Construction Management Service – Agreement RECOMMENDATION:

Approve an agreement with RRM Design Group for final design, construction documents and construction administration services for the Central Park Playground and Memorial Grove improvement project in the amount of $570,239; establish a contingency reserve of $50,000 for a total of $620,239; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

In April 2018, the City Council approved the updated Master Plan for Central Park. In March 2019, an RFP was distributed seeking design development landscape architect services for first phase improvements, which include renovation of the children’s play area and the creation of a Fallen Heroes Memorial Grove to honor San Mateo residents who died in combat, as well as public safety personnel who died while in service to the San Mateo community. RRM Design Group was awarded the agreement for services in July 2019 and over the past several years has worked with staff and the community to create preferred designs for the new play area as well as for the Fallen Heroes Memorial Grove. Both of these designs have been reviewed by the public, the Park and Recreation Commission, as well as the City Council. Although the July 2019 agreement and scope of services included a task for construction drawing preparation and bidding and construction management services, those items were not funded as the cost would be contingent upon the final design selected, its complexity and site requirements and the customization of the playground equipment. Now that the designs for both the playground and Memorial have been developed, RRM Design Group has prepared the cost of services in order to bring both projects to execution. In accordance with San Mateo Municipal Code Section 3.60.040(c), competitive bidding is not required for these professional services.

BUDGET IMPACT:

There is sufficient balance in the Central Park Capital Improvement Project to fund the proposed scope of work.

ENVIRONMENTAL DETERMINATION:

The preparation of construction documents and construction administration services is not a project subject to CEQA as these are organizational or administrative activities that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378 (b) (5). The environmental impacts of implementing the Central Park Master Plan were previously evaluated in a Negative Declaration approved in April 2018.

NOTICE PROVIDED
All meeting noticing requirements were met.
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ATTACHMENTS
Att 1 – Agreement

STAFF CONTACT
Sheila Canzian, Director, Park and Recreation
[email protected]
(650) 522-7404
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AGREEMENT WITH RRM DESIGN GROUP

FOR DESIGN PROFESSIONAL SERVICES
FOR

CENTRAL PARK PHASE I CONSTRUCTION DRAWINGS AND ADMINISTRATION

This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and RRM DESIGN GROUP , a California Corporation , (“CONSULTANT”), whose address is 321 Davis St , San Leandro, CA, 94577:

RECITALS:

A. CITY desires certain Construction Drawings and Construction Administration Services for Central Park Phase I Implementation hereinafter described.

B. CITY desires to engage CONSULTANT to provide these Construction Drawings and Construction Administration services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES

The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.

SECTION 2 - DUTIES OF CONSULTANT

CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.

CONSULTANT represents that it is qualified to furnish the services described under this Agreement.

CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the services of CONSULTANT.

CONSULTANT agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.

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SECTION 3 - DUTIES OF CITY

CITY shall provide pertinent information regarding its requirements for the project.

CITY shall examine documents submitted by CONSULTANT and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONSULTANT's work.

SECTION 4 - TERM

The services to be performed under this Agreement shall commence on April 1, 2022 and be completed on or about December 31, 2025.

SECTION 5 - PAYMENT

Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount of $570,239, pursuant to rates stated in Exhibit A to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION

Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

Upon termination and upon CITY's payment of the amount required to be paid, documents become the property of CITY, and CONSULTANT shall transfer them to CITY upon request without additional compensation.

SECTION 7 - OWNERSHIP OF DOCUMENTS

All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.

SECTION 8 - CONFIDENTIALITY

All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.

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SECTION 9 - INTEREST OF CONSULTANT

CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

SECTION 10 - CONSULTANT'S STATUS

It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent CONSULTANT as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 11 - INDEMNITY

CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s negligence, recklessness or willful misconduct to the maximum extent permitted by state law. To the extent permitted by Civil Code section 2782.8, CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.

SECTION 12 - INSURANCE

CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter the insurance specified in Exhibit B to this Agreement.

SECTION 13 - NONASSIGNABILITY

Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON PROFESSIONAL

SKILL OF CONSULTANT

It is mutually understood and agreed by and between the parties hereto that CONSULTANT is skilled in the professional calling necessary to perform the work agreed to be done under this Agreement and that CITY relies upon the skill of CONSULTANT to do and perform the work in the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.

SECTION 15 - WAIVERS

The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such DocuSign Envelope ID: A4E6D1A4-B1C8-4FAF-B458-476E54F8EAAA 273 of 662
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term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 16 – 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.

SECTION 17 - COSTS AND ATTORNEY FEES

Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 18 - NON-DISCRIMINATION

CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its sub-consultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 19 - MEDIATION

Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

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SECTION 20 - LITIGATION

CONSULTANT shall testify at CITY's request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES

All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Sheila Canzian, Director of Parks and
Recreation
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403

To CONSULTANT: RRM Design Group
Attn: Lief McKay, Principal
321 David Street
San Leandro, CA 94577

SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and CONSULTANT.

SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT

CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

SECTION 24 - GOVERNING LAW AND VENUE

This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.

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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO

CONTRACTOR

Sheila Canzian
Director of Parks and Recreation

Date Lief McKay
Its Authorized Agent
Principal

If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM

ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)

Gabrielle Whelan
Assistant City Attorney
Date Date

Attachments:

Exhibit A: Scope of Services
Exhibit B: Insurance Requirements

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Exhibit A

Scope of Services

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DESCRIPTION OF WORK TO BE PERFORMED
Task A: Playground Final Design

RRM will utilize the design development (DD) package prepared during Task E of the Central Park Master Plan Improvements Phase 1 agreement as the basis to prepare final construction documents, also known as plans, specifications, and estimates (PS&E). The PS&E package will comply with City of San Mateo Municipal Code 27.71.080 Submittals Required for a Building Permit Application. The contents of the PS&E package will be as follows:

Title and Reference Sheets

Title and reference sheets pursuant to City standards.

Demolition and Staging Plan

Demolition and staging plans at 20 scale for all structures and elements requiring removal in order to implement the playground design. The plans, notes, and legend will locate, identify, and describe the removal and provide instructions for disposal. Additionally, the plans will indicate items to salvage or stockpile, such as topsoil, for later use in construction. Construction staging, fencing, pedestrian circulation, signage, and haul routes will also be included and meet mitigation measures MM AIR-1, MM BIO-1, and MM BIO-2 of the ISMND.

Tree Preservation Plan

Tree preservation plan at 20 scale for all trees to remain and those to be removed. The plan, notes, and legend will locate and identify all trees and provide removal and preservation instructions per the arborist report, San Mateo MC 13.40.010, and San Mateo MC 27.71.

Erosion Control Plan

Erosion control plan at 20 scale for the proposed design that illustrates erosion prevention, sediment control, and stormwater quality management during construction per the City of San Mateo’s Stormwater Pollution Prevention Program (SEPPP) and NPDES provisions C.3 requirements. Plans, notes, and legend to include temporary provisions such as the location of a stabilized crushed aggregate construction entrance/exit, sediment trapping devices and barriers where required, fiber rolls where required, storm drain inlet protection, soil stockpile locations, and construction staging area.

ADA Accessibility Plan

The plans at 20 scale for the proposed accessibility of the project site. The plans, notes, and legend will illustrate the dedicated accessible route, accessible signage, and accessible parking for the project. Note: this task assumes that a compliant path of travel exists and does not include ADA upgrades beyond the limits of the playground area.

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Horizontal Control Plans

The plans at 20 scale will establish all horizontal control for the playground. The plans, notes, and legend will also identify construction layout control points and a coordinate system for locating site elements. Note that the horizontal control plans are not included in the 75% PS&E submittal.

Site Utility Plans

Utility plans at 20 scale to illustrate the existing and proposed utilities for the project site. The plans, notes, and legend will layout the water, sewer, and storm drains beginning at the upstream ends of each utility within the project limits to the downstream connections at the existing service mains, assumed to be directly adjacent to the project. This scope assumes that the existing off-site and/or on-site utility systems have adequate capacity for the proposed project – analysis of existing utilities’ capacities and design of any improvements beyond the point of connection are not included in this scope.

Grading, Drainage and Stormwater Plans

Grading plans at 20 scale will demonstrate the grading and drainage of the project site. The plans, notes, and legend will show all vertical control of the project elements, contour grading, spot elevations, and cut and fill estimates within the project site. The plans will detail all drainage facilities within site. This scope assumes that the existing off-site or downstream storm drain infrastructure has adequate capacity for the proposed site development, and analysis or upgrades to this infrastructure is not included.

This project is assumed to create and/or replace more than 10,000 square feet of impervious surface and is a C.3 regulated project. RRM will design permanent stormwater treatment in accordance with the County C.3 Regulated Projects Guide (C.3 Guide, January 2020). The design will utilize a combination of low impact development (e.g., interceptor tree credits, self- retaining areas, self-treating areas) and stormwater treatment measures (e.g., bioretention, pervious pavements). RRM will prepare a C.3 and C.6 Development Review Checklist and accompanying C.3 sizing calculations. Per Appendix H of the C.3 Guide, this project is not subject to hydromodification requirements and will be sized for stormwater treatment only.

RRM will perform drainage analyses (hydrology and hydraulic) for the project drainage and stormwater designs. The C.3 calculations and exhibits, storm drain hydrologic/hydraulic calculations and exhibits, reference documentation, and project narrative will be provided in a comprehensive drainage and stormwater control plan.

RRM will submit a draft version of the drainage and stormwater control plan and the C.3 and C.6 Development Review Checklist with the 75% PS&E and the final version will be submitted with the 95% PS&E.

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Stormwater Pollution Prevention Plan (SWPPP)

A SWPPP is required for this project (more than one acre of disturbed land) .

RRM will prepare
plans for temporary erosion control facilities. Temporary facilities will be proposed for the protection of graded areas and drainage devices. Details and appropriate notes for construction best management practices (BMP) and guidelines for implementation are proposed to be in conformance with the State of California Water Resources Board requirements and the approved staff report, including sediment control recommendations.

The temporary erosion control plans will be incorporated into the project improvement plans as well as into the project SWPPP. RRM will conduct a risk determination based on the project’s topography, soil, schedule, location, and receiving water and will then prepare the SWPPP based on the project-specific risk level. The SWPPP will be based on the 100% PS&E submittal. This task includes preparing permit registration documents using the SMARTS database for certification by the Client and submittal to the Water Boards. The City will initiate the project in SMARTS. This task does not include construction monitoring, QSP services, or SWPPP updates during construction.

The SWPPP is included with the 95% PS&E submittal.

Construction Plan

Construction plans at 20 scale for the overall playground design layout with a keynoting system that identifies all construction items, references to appropriate details, and drawing series directions. This plan will include and annotate all site features, walls, hardscape, paving materials, ramps, stairs, fences, handrails, and lighting.

Play Equipment Plan and Graphics

Play equipment plans at 10 scale illustrating the play features in the project area. The plans, notes, and legend will include the layout of all off-the-shelf and custom play equipment including play equipment use zones and information regarding critical fall height.

Restroom Building Plans

This scope assumes that the new restroom will be pre-engineered and provided by a commercial restroom manufacturer such as Romtec, Public Restroom Company, or similar. The restroom will be designed during the design development phase of the project (Task E) and will include a custom layout and materials to fit the design goals and site aesthetic.

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Architectural plans, if needed, for a Site Plan and Architectural Review (SPAR) submittal, will be completed during Task E of the current contract pursuant to San Mateo Municipal Code

27.71.070
. Custom architecture is not included in this scope.

Restroom plan sheets will include floor plans and elevations of the building for bidding purposes.

Actual shop drawings will be supplied by the manufacturer as a deferred submittal after the contract has been awarded.

Site Electrical/Lighting Plans

Electrical service distribution plans, circuiting, fixture schedules, panel schedules, and electrical calculations as required to provide electrical service for site lighting and security purposes, irrigation controller, and the restroom building. Preparation of Title 24 Lighting compliance for exterior lighting is included. This scope assumes that the existing on-site electrical service is adequate for the proposed improvements and a new utility application for the extension of new service is not required.

Materials and Site Amenities Plan

Materials and site amenities plan for the materials and furnishings in the proposed design. This plan will show the type and colors of all surfacing, including hardscape, resilient, and synthetic surfacing, as well as make, model, and color of all site furnishings

Construction Details

Details for all construction items illustrated on the construction plans. The details will specify materials, dimensions, colors, and finishes and will be keyed to the plan.

Structural Details and Calculations

Structural plans, details, and calculations for all required features in the playground such as the site walls and footings of the boardwalk, towers, and shade structure.

Irrigation Plans and Details

Irrigation plans at 20 scale illustrating the irrigation design. The plans, notes, and legend will detail the system layout, mainline, automatic controller, head layout, piping, filter, and backflow device for potable irrigation and/or recycled water irrigation. It is assumed that this system will tie into the park’s existing irrigation system. In support of the irrigation plans, we will prepare irrigation details that specify the method of construction and proper irrigation system component procedures. The irrigation plan will comply with the City park standards, San Mateo MC 27.71.080, and the requirements in the Water Conservation in Landscaping project information and submission checklist.

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Planting Plans and Details

Planting plans at 20 scale demonstrating landscape design per San Mateo MC 27.71.100, MC

27.71 , and City of San Mateo, Cal., Ord. No. 2021-26. Plans, notes, and legend will include layout of all planting indicating plant species, quantity, size and location of all shrubs, ground cover, and trees. In support of the planting plans, planting details that specify the method of construction and proper planting procedures will also be included. The planting package will also include all requirements in the City of San Mateo Water Conservation in Landscaping project information and submission checklist.

Specifications

Technical specifications (CSI format, Division 02 through 32, as applicable) will be provided as part of this submittals listed in the tasks below. This scope assumes the City will provide and assemble all general and special provisions related to this project. We will review the general and special provisions for compatibility with the technical specifications. 75% PS&E submittal will include outline specifications only.

Construction Cost Opinions (75%, 95% and Bid-Ready submittals)

RRM’s subconsultant will prepare a construction cost opinion for the playground at the 75%, 95 % and final bid-ready stage. The detailed construction cost opinion will break out each component of the design with item descriptions and unit costs. Due to many variables surrounding bidding and construction conditions, this opinion will not represent a guarantee that bids received will be equal to the opinion.

Subtask A.1: PS&E Coordination and Meetings
RRM will prepare for and attend up to eight virtual Client meetings throughout the course of the final design phase. These meetings are intended to provide an opportunity for staff to preview and provide input on the design progress, to address issues that may arise, and for general coordination. These meetings will be scheduled as needed throughout the process. This task also includes preparation, internal coordination, and meeting minutes time. We will also coordinate with a City selected artist to meet the City’s public art requirement.

Deliverables:
•

Prepare for and attend up to eight (8) virtual meetings with City staff

Subtask A.2: Quality Control Review
RRM will perform an internal review of the construction documents concurrent with the City’s review of the 95% complete submittal. This QA/QC review process will be performed by senior-level professionals that are not directly involved in the project to provide an independent perspective.

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Deliverables:

•

Internal QA/QC review

Subtask A.3: 75% PS&E
RRM will prepare a 75% progress submittal for Parks and Recreation Department review. The intent of this submittal is to verify that the design direction is aligned with the City’s expectations. The City will provide comments in writing for RRM to respond to.

Deliverables:
•

75 % PS&E submittal

Subtask A.4: 95% PS&E
RRM will prepare 95% PS&E package for submittal to the City for building permit review. The City is responsible for submitting to all relevant departments, consolidating the various comments into a single list/document, and reconciling conflicting comments from different plan reviewers.

Deliverables:
•

95 % PS&E submittal

Subtask A.5: 100% PS&E
RRM will update the PS&E package based on City plan-check comments and our internal QA/QC review and resubmit to the City for back-checking.

Deliverables:
•

100
% PS&E submittal

Subtask A.6: Bid-Ready PS&E
When the plans are approved through all relevant departments, RRM will prepare and package the bid-ready PS&E submittal and submit electronically to the City. Please note that ‘front-end’ specifications are the responsibility of the City: general provisions, special provisions, and bid forms. We will assist the City in the preparation of the bid schedule including any bid alternates.

Deliverables:
•

Bid-Ready PS&E submittal

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Subtask A.7: Permit Processing Assistance

RRM will assist the City’s project manager during the permit review process. This assistance could include providing written clarifications, preparing exhibits, or attending extra meetings (
such as with the City Building Official or Fire Marshal, etc.) at the request of the City.

Due to the unknown nature of the level of effort that might be required, the task allows for 24- hours of support.

Deliverables:
•

24-
hours of support during permitting review process

Subtask A.8: Play Equipment Manufacturer Coordination
The design of the playground includes custom playground equipment that requires close coordination between playground equipment manufacturers. This task includes coordination time between these manufacturers and RRM.

Deliverables:
•

Custom play equipment coordination

Task B: Playground Bidding and Construction Support

Subtask B.1: Bidding Assistance
RRM will support the City during the bidding process. We will respond to bidder questions and pre-bid substitution requests forwarded to us by the City and issue addenda as deemed necessary and reasonable by the City to clarify design-related issues. As part of this task, we will attend one pre-bid conference.

Deliverables:

•

Attend one (1) pre-bid conference
•

Response to bidder questions, pre-bid substitution request review, and addenda

Subtask B.2: Construction Administration
Following the award of the general construction contract, RRM will support the City during the construction phase of the project.

We will review and respond to requests for information (RFI), change orders (CO), submittals, and contractor supplied shop drawings. Under this task, RRM will also prepare and issue supplemental instructions as necessary to clarify technical details. RRM will also coordinate with consultants, agency, and City staff as necessary.

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We assume that the City’s project manager and/or construction manager will filter and respond directly to RFI that are straightforward and that not all correspondence will require attention and response by RRM.

The fee for this scope is derived from an anticipated construction duration of 12-months at an average of 4 hours/week; if construction goes beyond that, we will negotiate a contract amendment to continue to provide services.

Deliverables:

•

RFI, CO, submittal reviews, shop drawings responses, supplemental instructions, and general record keeping documents

Subtask B.3: Construction Meetings and Observation
RRM’s project manager and/or designated representative will prepare for and attend up to 12 construction meetings; due to the unpredictable nature of construction, we assume that the meeting frequency will vary based on current activity. This scope anticipates a construction duration of up to 12 months. The purpose of these meetings is to generally coordinate with the City and contractor and to address issues that are topical.

While in attendance at these construction meetings, RRM will conduct field observations. The field construction observation is not intended to be an exhaustive check or a detailed inspection of the contractor’s work but is rather to allow RRM to become generally familiar with the work in progress and to determine, in general, if the work is proceeding in accordance with the contract documents. RRM shall not supervise, direct, or have control over the contractor’s work nor have any responsibility for the construction means, methods, techniques, sequences, or procedures selected by the contractor, nor for the contractor’s safety precautions or programs in connection with the work. These rights and responsibilities are solely those of the contractor in accordance with the contract documents.

RRM shall not be responsible for any acts or omissions of the contractor, subcontractor, any entity performing any portion of the work, or any agents or employees of any of them. RRM does not guarantee the performance of the contractor and shall not be responsible for the contractor’s failure to perform work in accordance with the contract documents or any applicable laws, codes, rules, or regulations.

Deliverables:
•

Up to twelve (12) construction meetings/field observations •

Field observation memoranda

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Subtask B.4: Project Close-Out
RRM will attend two punch item walks with the contractor and the City, preliminary and final, and prepare a memorandum of punch list items for the contractor to address.

Deliverables:

•

Attend two (2) punch item walks and prepare punch list memoranda

Subtask B.5: Record Drawings
Upon completion of construction work, the design team will compile a digital set of record drawings in PDF format based upon the marked-up record drawings, addenda, change orders, and other data furnished by the contractor. These record drawings will show significant changes made during construction. Because these record drawings are based on unverified information provided by a third party, which RRM shall assume will be reliable, RRM cannot and does not warrant their accuracy. Note this task does not include re-drafting the contractor markups in AutoCAD.

Deliverables:

•

One (1) digital set of record drawings (PDF markups)

Task C: Memorial Grove Final Design

RRM will prepare final construction documents, also known as final plans, specifications, and estimates (PS&E) for the preferred design of the Memorial Grove at Central Park. The Memorial Grove is considered a separate project from the Playground (Task J) in regard to funding and construction. The PS&E package will comply with City of San Mateo Municipal Code 27.71.080 Submittals Required for a Building Permit Application.

The description of the contents of the PS&E package are listed in Task J above. However, because the scope of this work is smaller than the Playground, some sheets listed above are not relevant. The sheets included in this set include:
•

Title and reference sheets
•

Demolition and construction staging plan
•

Tree preservation plan
•

Erosion control plan
•

Grading and drainage plan
•

Utility plan
•

Construction plan
•

Construction details
•

Structural details and calculations
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•

Site electrical/lighting plans
•

Specifications (75% submittal as outline specifications)

•

Construction cost opinions (95% and bid-ready submittals)

Stormwater

The Memorial Grove project is assumed to create and/or replace 2,500 square feet (sf) to 5,000 sf and will implement one of the site-design measures for “small project” as defined in section

2.3.3 and Appendix L of the C.3 Regulated Projects Guide (January 2020). RRM will prepare a stormwater checklist for small projects to meet the San Mateo Countywide Water Pollution Prevention Program requirements.

A project Stormwater Pollution Prevention Plan
(
SWPPP) is not required for this plan (less than
one acre of disturbed land); RRM will prepare an erosion control plan for temporary construction BMP.

This project is assumed separate from the Playground project (Task J) based on differences in anticipated funding sources, construction schedules, and hydrologic conditions.

Subtask C.1: PS&E Coordination and Meetings
RRM will prepare for and attend up to three Client meetings throughout the course of the final design phase. These meetings are intended to provide an opportunity for staff to preview and provide input on the design progress, to address issues that may arise, and for general coordination. These meetings will be scheduled as needed throughout the process. This task also includes preparation, internal coordination, and meeting minutes time.

Deliverables:
•

Prepare for and attend up to three (3) meetings with City staff (may be virtual meetings)

Subtask C.2: 75% PS&E
RRM will prepare a 75% progress submittal for internal Parks and Recreation Department review. The intent of this submittal is to verify the direction of the design is aligned with the City’s expectations and to receive formal comments and direction regarding the site layout and general design solutions.

Deliverables:
•

75 % PS&E submittal

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Subtask C.3: 95% PS&E
RRM will prepare a 95% submittal for internal staff review and as the first submission to the Building Department for permitting plan-check. The City is responsible for submitting to all relevant departments, for consolidating the various comments into a single list/document, and for reconciling conflicting direction from different plan reviewers.

Deliverables:
•

95 % PS&E submittal

Subtask C.4: 100% PS&E
RRM will prepare a 100% submittal for back-check to the Building Department.

Deliverables:
•

100
% PS&E submittal

Subtask C.5: Bid-Ready PS&E
When the plans are approved through all relevant departments, RRM will prepare and package the bid-ready PS&E submittal and submit electronically to the City. Please note that ‘front-end’ specifications are the responsibility of the City: general provisions, special provisions, and bid form. We will assist the City in the preparation of the bid schedule including any bid alternates.

Deliverables:
•

Bid-Ready PS&E submittal

Task D: Memorial Grove Bidding and Construction Support

Subtask D.1: Bidding Assistance
RRM will support the City during the bidding process. We will respond to bidder questions and pre-bid substitution requests forwarded to us by the City and issue addenda as deemed necessary and reasonable by the City to clarify design related issues. As a part of this task, we will attend one pre-bid conference.

Deliverables:

•

Attend one (1) pre-bid conference
•

Response to bidder questions, pre-bid substitution request review, and addenda

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Subtask D.2: Construction Administration
Following the award of the general construction contract, RRM will support the City during the construction phase of the project. We will review and respond to RFI, CO, submittals, and contractor supplied shop drawings. Under this task, RRM will also prepare and issue supplemental instructions as necessary to clarify technical details. RRM will also coordinate with consultants, agency, and City staff as necessary.

We assume that the City’s project manager and/or construction manager will filter and respond directly to RFI that are straightforward and that not all correspondence will require attention and response by RRM.

Deliverables:

•

RFI, CO, submittal reviews, shop drawings responses, supplemental instructions, and general record keeping documents

Subtask D.3: Construction Meetings and Observation
RRM’s project manager and/or designated representative will prepare for and attend up to four construction meetings at the site. The purpose of these meetings is to generally coordinate with the City and contractor and to address issues that are topical.

While in attendance at these construction meetings, RRM will conduct field observations. The field construction observation is not intended to be an exhaustive check or a detailed inspection of the contractor’s work but is rather to allow RRM to become generally familiar with the work in progress and to determine, in general, if the work is proceeding in accordance with the contract documents. RRM shall not supervise, direct, or have control over the contractor’s work nor have any responsibility for the construction means, methods, techniques, sequences, or procedures selected by the contractor, nor for the contractor’s safety precautions or programs in connection with the work. These rights and responsibilities are solely those of the contractor in accordance with the contract documents.

RRM shall not be responsible for any acts or omissions of the contractor, subcontractor, any entity performing any portion of the work, or any agents or employees of any of them. RRM does not guarantee the performance of the contractor and shall not be responsible for the contractor’s failure to perform work in accordance with the contract documents or any applicable laws, codes, rules, or regulations.

Deliverables:
•

Up to four (4) construction meetings and field observations

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Subtask D.4: Project Close-Out
RRM will attend two punch item walks with the contractor and the City, preliminary and final, and prepare a memorandum of punch list items for the contractor to address.

Deliverables:

•

Attend two (2) punch item walks and prepare punch list memoranda

Subtask D.5: Record Drawings
Upon completion of construction work, the design team will compile a digital set of record drawings in PDF format based upon the marked-up record drawings, addenda, change orders, and other data furnished by the contractor. These record drawings will show significant changes made during construction. Because these record drawings are based on unverified information provided by a third party, which RRM shall assume will be reliable, RRM cannot and does not warrant their accuracy. Note this task does not include re-drafting the contractor markups in AutoCAD.

Deliverables:

•

One (1) digital set of record drawings (PDF markups)

SERVICES AND/OR INFORMATION TO BE PROVIDED BY CLIENT
•

Standard details, front-end specifications
•

Submittal and routing to City departments
•

Permitting fees
•

Consolidation of, and reconciliation of conflicting plan review comments by various reviewers
•

As-built drawings of existing buildings and facilities
•

Environmental studies to implement mitigation measures listed in the MMRP •

Soil testing/analysis for horticultural purposes
•

Construction management
•

Relevant record drawings of the site and existing underground/overhead utilities •

Any necessary potholing

LIMITATIONS OF SCOPE AND EXCLUSIONS
Please note that the tasks to be performed by the RRM team are limited purely to those outlined above. The City may request additional design services. The following work could be included in the project but are not specifically included in this scope of services at this time.

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renderings and models. Reimbursable automobile travel mileage will be billed at the current IRS business standard mileage rate.

Adjustment to Hourly Billing Rates
RRM reserves the right to adjust hourly rates on an annual basis.

If you have any questions or require clarification of the scope of services or fees outlined above, please do not hesitate to call us. Thank you again for this opportunity.

Sincerely,

RRM DESIGN GROUP

Gina Chavez

Lief McKay
Project Manager

Principal
CA License No. 6040

CA License No. 4937

Attachment:

Exhibit A-1, Schedule 1

djpN:\1600\1652-01-RC19-Central-Park-MP-Improvements-Phase-1\Project-Management\Contracts\Addendums\ASA-Playground+Memorial Final Design\Proposal-Central Park_Playground+Memorial Final Design-01-13-22.docx DocuSign Envelope ID: A4E6D1A4-B1C8-4FAF-B458-476E54F8EAAA 294 of 662
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EXHIBIT A-1 SCHEDULE 1
Bill Rate Ranges
Subject to change effective March 1st each year
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ARCHITECTURE
Architect $ 95 - $
155
Assistant Manager of Architecture $ 130 - $
195
Design Director $ 145 - $
240
Designer I $ 70 - $
100
Designer II $ 80 - $
125
Designer III $ 90 - $
150
Intern $ 45 - $
80 Job Captain $ 90 - $
150
Manager of Architecture $ 145 - $
255
Principal $ 180 - $
350
Project Architect $ 110 - $
185
Project Designer $ 110 - $
180
Project Manager $ 110 - $
185
Senior Architect $ 135 - $
220
Senior Designer $ 135 - $
210
Senior Project Manager $ 135 - $
230

ENGINEERING & SURVEYING
Associate Engineer $ 90 - $
135
Construction Inspector $ 105 - $
175
Designer I $ 55 - $
95 Designer II $ 75 - $
120
Designer III (Structural) $ 90 - $
135
Engineer I $ 85 - $
135
Engineer II $ 105 - $
160
Land Surveyor $ 115 - $
160
Manager of Engineering Services $ 170 - $
280
Manager of Surveying $ 150 - $
230
Party Chief $ 90 - $
145
Principal $ 180 - $
350
Project Engineer $ 125 - $
180
Project Manager $ 145 - $
230

INTERIOR DESIGN
Designer I $ 55 - $
85 Designer II $ 65 - $
115
Interior Designer I $ 75 - $
125
Interior Designer II $ 90 - $
150
Intern $ 45 - $
80 Senior Interior Designer $ 110 - $
195

LANDSCAPE ARCHITECTURE
Assistant Designer $ 70 - $
110
Associate Designer $ 80 - $
125
Designer $ 95 - $
135
Intern $ 45 - $
80 Landscape Architect $ 95 - $
145
Manager of Landscape Architecture $ 150 - $
245
Principal $ 180 - $
350
Principal Landscape Architect $ 135 - $
235
Senior Designer $ 105 - $
165
Senior Landscape Architect $ 110 - $
175

PLANNING
Assistant Planner $ 75 - $
120
Associate Planner $ 90 - $
155
Intern $ 45 - $
80 Manager of Planning $ 145 - $
260
Principal $ 180 - $
350
Principal Planner $ 140 - $
250
Senior Planner $ 115 - $
205
Senior Urban Designer $ 115 - $
205
Urban Designer $ 90 - $
155

CORPORATE SERVICES
Accounting Specialist $ 60 - $
110
Business Development Coordinator $ 85 - $
135
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Senior Associate Engineer $ 110 - $
185
Senior Designer $ 110 - $
185
Senior Land Surveyor $ 130 - $
195
Senior Party Chief $ 115 - $
185
Senior Project Engineer $ 135 - $
225
Supervisor of Surveying $ 135 - $
205
Survey Technician I $ 60 - $
90 Survey Technician II $ 75 - $
115
Survey Technician III $ 90 - $
155
Surveying Crew Rates

REGULAR
One person w/ GPS or Robotic Workstation $ 125 - $
155
Two person $ 175 - $
290
Three person $ 235 - $
390

PREVAILING WAGE
One person w/ GPS or Robotic Workstation $ 150 - $
180
Two person $ 225 - $
340
Three person $ 325 - $
490

Chief Executive Officer $ 195 - $
500
Graphic Designer $ 80 - $
135
Marketing Manager $ 110 - $
220
Marketing Specialist $ 90 - $
150
Office Coordinator $ 70 - $
125
Project Accountant $ 65 - $
135
Project Administrator $ 70 - $
125
Receptionist $ 40 - $
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EXHIBIT B

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including products -completed operations, personal & advertising injury, with limits no less than $2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if CONSULTANT has no owned autos, hired, (Code 8) and non -owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

3. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

4. Professional Liability (Errors and Omissions): Insurance appropriate to the CONSULTANT’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate If the CONSULTANT maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the CONSULTANT.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
The City, its elected and appointed officials, employees, and agents are to be covered as insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the CONSULTANT; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to the CONSULTANT’s insurance (at least as broad as ISO Form CG 20 10, 11 85 or both CG 20 10 and CG 20 37 forms if later revisions used).

Primary Coverage
For any claims related to this contract, the CONSULTANT’s insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees, and agents. Any insurance or self-insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the CONSULTANT’s insurance and shall not contribute with it.

Notice of Cancellation
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Rev 7/21
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City.

Waiver of Subrogation
CONSULTANT hereby grants to City a waiver of any right to subrogation which any insurer of said CONSULTANT may acquire against the City by virtue of the payment of any loss under such insurance.

CONSULTANT agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the CONSULTANT to purchase coverage with a lower deductible or retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention.

Acceptability of Insurers
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.

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

DocuSign Envelope ID: A4E6D1A4-B1C8-4FAF-B458-476E54F8EAAA 299 of 662

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A :

NAIC #
NAME:

CONTACT
(A/C, No):

FAX
E-MAIL
ADDRESS:

PRODUCER
(A/C, No, Ext):

PHONE

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

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

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

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

OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD

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

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

COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOSAUTOS ONLY

NON-OWNED

SCHEDULEDOWNED

ANY AUTO

AUTOMOBILE LIABILITY
Y / N

WORKERS COMPENSATION

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

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-

STATUTE
PER

LIMITS(MM/DD/YYYY)

POLICY EXP
(MM/DD/YYYY)

POLICY EFF

POLICY NUMBERTYPE OF INSURANCELTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB $EACH OCCURRENCE
$AGGREGATE
$
OCCUR

CLAIMS-MADE
DED RETENTION $
$PRODUCTS - COMP/OP AGG
$GENERAL AGGREGATE
$PERSONAL & ADV INJURY
$MED EXP (Any one person)
$EACH OCCURRENCE

DAMAGE TO RENTED
$PREMISES (Ea occurrence)

COMMERCIAL GENERAL LIABILITY

CLAIMS-MADE OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY PRO-

JECT LOC

CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

CANCELLATION

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

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

AUTOS ONLY
3/11/2022
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
Marie Swaney
[email protected]
License#: 6003745
Evanston Insurance Company
35378
RRMDESI-02
Sentinel Insurance Company
11000
RRM Design Group
805 543-1794
3765 S. Higuera St., Suite 102
San Luis Obispo CA 93401
Trumbull Insurance Company
27120

HARTFORD INSURANCE COMPANY
38288
1448308720
B
X
1,000,000
X
1,000,000
X
Contractual Liab
10,000
Included
1,000,000
2,000,000
X
Y
Y
84SBWBG6537
6/30/2021
6/30/2022
2,000,000
C
1,000,000
X
X
X
Y
Y
84UEGAC1692
6/30/2021
6/30/2022
B
X
X
5,000,000
Y
84SBWBG6537
6/30/2021
Y
6/30/2022
5,000,000
X
10,000
D
X
N
Y
84WEGAG7CTV
6/30/2021
6/30/2022
1,000,000
1,000,000
1,000,000
A
Professional Liability &
Contr. Pollution Liab Included
MKLV7PL0004779
6/30/2021
6/30/2022
Per Claim
Aggregate Limit
$2,000,000
$4,000,000
AM Best's Rating of Policies above: A/XV or greater. Umbrella policy is follow-form to its underlying Policies: General Liability/Auto Liability/Employers Liability.

RE: Project #1313049, Central Park Master Plan Update -- City of San Mateo, its elected and appointed officials, employees, and agents are named as additional insureds as respects general & auto liability as required per written contract or agreement. General Liability is Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). Professional Liability policy has a deductible which is: $75,000 per claim.

Professional Liability RETRO Date: 01/01/1974.

CANCELLATION/CHANGE: 30 day notice will be sent to the certificate holder. 30 Day Notice of Cancellation
City of San Mateo, Dept. of Parks & Recreation
330 W. 20th Ave.

San Mateo CA 94403-1388
300 of 662

ABCDEFGHIJ
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

AMENDMENT - AGGREGATE LIMITS (PER PROJECT)
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. D. 4.Section LIABILITY AND MEDICAL EX PENSES If the applicable “project” has been abandoned, LIMITS OF INSURANCE is amended as follows: delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from1. D.The General Aggregate Limit under Section plans, blueprints, designs, specifications orLIABILITY AND MEDICAL EXPENSES LIMIT timetables, the “project” will still be deemed t oOF INSURANCE applies separately to each of be the same “project”.your "projects".

5. D.The provisions of Section LIABILITY AND2. The limits shown in the Declarations for Liabilit y MEDICAL EXPENSES LIMIT OF I NSURANCEand Medical Expenses, Damage To Premises not otherwise modified by this endorsementRented To You and Medical Expenses continue shall continue to apply as stipulated.to apply.

B. Additional Definitions3. When coverage for liability arising out of t he G.“products-completed operations hazard” is The following definition is added to Section provided, any payments for damages becaus
e LIABILITY AND MEDICAL EX PENSES
of “bodily injury” or “property damage” included DEFINITIONS:
in the “products-completed operations hazard” 1. “Project” means “your work” at location(s) away will reduce the Products-Completed Operations from premises owned or rented to you.

Aggregate Limit, and not reduce the General
Aggregate Limit.

Form SS 04 33 04 05 Page 1 of 1
© 2005, The Hartford
Policy #
84SBWBG6537
301 of 662
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84WEGAG7CTV
06/30/2021
RRM Design Group
3765 S. Higuera St., Suite 102
San Luis Obispo, CA 93401
06/30/2022
302 of 662
COMMERCIAL AUTOMOBILEHA99 160312THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.COMMERCIAL AUTOMOBILE BROAD FORM ENDORSEMENTThisendorsement modifiesinsuranceprovidedunder the following:BUSINESS AUTOCOVERAGE FORMTotheextentthattheprovisionsofthisendorsementprovidebroaderbenefitstothe"insured"thanotherprovisionsoftheCoverage Form, the provisionsofthis endorsementapply.1.BROAD FORM INSURED d.Any"employee"ofyourswhileusingacovered"auto"youdon'town,hireor A.SubsidiariesandNewlyAcquiredor borrowinyourbusinessoryourFormed Organizations personal affairs.TheNamedInsuredshowninthe C.Lessorsas InsuredsDeclarations is amended to include: ParagraphA.1.-WHOISANINSURED-of (1)Anylegalbusinessentityotherthana SectionII-LiabilityCoverageisamendedtopartnershiporjointventure,formedasa add:subsidiaryinwhichyouhaveanownershipinterestofmorethan50%on e.Thelessorofacovered"auto"whilethe theeffectivedateoftheCoverage Form. "auto"isleasedtoyouunderawritten However,theNamedInsureddoesnot agreementif:includeanysubsidiarythatisan (1)Theagreementrequiresyouto"insured"underanyotherautomobile providedirectprimaryinsurancefor policyorwouldbean"insured"under the lessor andsuchapolicybutforitsterminationor (2)The "auto"isleasedwithouta driver.the exhaustionofits LimitofInsurance.Suchaleased"auto"willbeconsidereda (2)Anyorganizationthatisacquiredor covered"auto"youownandnotacovered formedbyyouandoverwhichyou "auto"you hire.maintainmajorityownership.However,theNamedInsured doesnot include any D.AdditionalInsuredifRequiredbyContractnewly formedor acquired organization: (1)ParagraphA.1.-WHOISANINSURED(a)Thatisapartnershiporjoint -ofSectionII-LiabilityCoverageisventure, amended to add:(b)Thatisan"insured"underanyother f.Whenyouhaveagreed,inawrittenpolicy, contractorwrittenagreement,thata (c)ThathasexhausteditsLimitof personororganizationbeaddedasInsurance underany other policy, or anadditionalinsuredonyourbusiness auto policy, such personor (d)180daysormoreafterits organization is an "insured", but only acquisitionorformationbyyou, totheextentsuchpersonorunlessyouhavegivenusnoticeof organizationisliablefor"bodilythe acquisitionor formation. injury"or"propertydamage"causedCoveragedoesnotapplyto"bodily by the conduct of an"insured" under injury"or"propertydamage"thatresults paragraphsa.orb.ofWhoIsAnfroman"accident"thatoccurredbefore Insuredwithregardtotheyouformed oracquiredtheorganization. ownership,maintenanceoruseofa B.Employees asInsureds covered"auto."ParagraphA.1.-WHOISANINSURED-of SECTIONII-LIABILITYCOVERAGEis amended to add:© 2011, The Hartford(Includes copyrightedmaterialFormHA 9916 0312 Page 1of5of ISOProperties,Inc.,with itspermission.) 84UEGAC1692
303 of 662
E.PrimaryandNon-ContributoryifTheinsuranceaffordedtoanysuch RequiredbyContractadditionalinsuredappliesonlyifthe"bodilyinjury"or"propertydamage" Onlywithrespecttoinsuranceprovidedtooccurs: anadditionalinsuredin1.D.-Additional(1)During the policyperiod, and InsuredIfRequiredbyContract,the followingprovisions apply:(2)Subsequenttothe execution of suchwritten contract, and (3)PrimaryInsuranceWhenRequiredByContract(3)Priortotheexpirationoftheperiod oftimethatthewrittencontract Thisinsuranceisprimaryifyouhaverequiressuchinsurancebe provided agreedinawrittencontractorwrittento the additionalinsured. agreementthatthisinsurancebeprimary.Ifotherinsuranceisalso (2)HowLimits Apply primary,wewillsharewithallthatotherIfyouhaveagreedinawrittencontract insurancebythemethoddescribedinorwrittenagreementthatanother OtherInsurance5.d.personororganizationbeaddedasan (4)PrimaryAndNon-ContributoryToOtheradditionalinsuredonyourpolicy,the Insurance When Required ByContractmostwewillpayonbehalfofsuchadditionalinsuredisthelesserof: Ifyouhaveagreedinawrittencontractorwrittenagreementthatthisinsurance(a)Thelimitsofinsurancespecifiedin isprimaryandnon-contributorywiththe thewrittencontractorwritten additionalinsured'sowninsurance,this agreement; or insuranceisprimaryandwewillnot(b)TheLimitsofInsuranceshownin seekcontributionfromthatotherthe Declarations. insurance.Suchamountshallbeapartofandnot (3)(4)Paragraphsanddonotapplytoother inadditiontoLimitsofInsuranceshown insurancetowhichtheadditionalinsuredintheDeclarationsanddescribedinthis hasbeen addedas anadditional insured.Section. Whenthisinsuranceisexcess,wewillhaveno (3)AdditionalInsuredsOther Insurancedutytodefendtheinsuredagainstany"suit"if Ifwecoveraclaimor"suit"underthis anyotherinsurerhasadutytodefendtheCoveragePartthat may also becoveredinsuredagainstthat"suit".Ifnootherinsurerbyotherinsuranceavailabletoan defends,wewillundertaketodoso,butwewilladditionalinsured,suchadditionalbeentitledtotheinsured'srightsagainstallinsuredmustsubmitsuchclaimor"suit" those other insurers. totheotherinsurerfordefenseandWhenthisinsuranceisexcessoverotherindemnity. insurance,wewillpayonlyourshareofthe However,thisprovisiondoesnotapplyamountoftheloss,ifany,thatexceedsthesumtotheextentthatyouhaveagreedina of:writtencontractorwrittenagreement (1)Thetotalamountthatallsuchotherthatthisinsuranceisprimaryandnon- insurancewouldpayforthelossinthecontributorywiththeadditionalinsured'sabsenceofthisinsurance; andowninsurance. (2)Thetotalofalldeductibleandself-insured (4)DutiesinTheEventOfAccident,Claim, amountsunder allthat other insurance.Suitor Loss Wewillsharetheremainingloss,ifany,bythe Ifyouhaveagreedinawrittencontractmethoddescribed in OtherInsurance5.d.orwrittenagreementthatanother 2.AUTOSRENTEDBY EMPLOYEESpersonororganizationbeaddedasan additionalinsuredonyourpolicy,the Any"auto"hiredorrentedbyyour"employee"additionalinsuredshallberequiredto onyourbehalfandatyourdirectionwillbecomplywiththeprovisionsinLOSS considered an"auto"you hire.CONDITIONS2.-DUTIESINTHEThe OTHER INSURANCEConditionisamendedEVENTOFACCIDENT,CLAIM,SUIT byaddingthefollowing:ORLOSS–OFSECTIONIV–BUSINESSAUTOCONDITIONS,inthesame manner astheNamedInsured.© 2011, The Hartford(Includes copyrightedmaterialFormHA 9916 0312 Page 2of5of ISOProperties,Inc.,with itspermission.) 304 of 662
5PHYSICALDAMAGE- ADDITIONALIfan"employee’s"personalinsurancealso .TEMPORARYTRANSPORTATIONEXPENSE appliesonanexcessbasistoacovered"auto" COVERAGEhiredorrentedbyyour"employee"onyourbehalfandatyourdirection,thisinsurancewill ParagraphA.4.a.ofSECTIONIII-PHYSICAL beprimarytothe"employee’s"personalDAMAGECOVERAGEisamendedtoprovideainsurance. limitof$50perdayandamaximumlimitof3.AMENDED FELLOW EMPLOYEEEXCLUSION $1,000.6.LOAN/LEASE GAP COVERAGEEXCLUSION5.-FELLOWEMPLOYEE-of SECTIONII-LIABILITYCOVERAGEdoesnot UnderSECTIONIII-PHYSICALDAMAGE applyifyouhaveworkers'compensation COVERAGE,intheeventofatotal"loss"toa insurancein-forcecoveringall ofyour covered"auto",wewillpayyouradditionallegal "employees". obligationforanydifferencebetweentheactualCoverageisexcessoveranyothercollectible cashvalueofthe"auto"atthetimeofthe"loss"insurance. andthe"outstanding balance"oftheloan/lease.4.HIREDAUTOPHYSICALDAMAGECOVERAGE "Outstandingbalance"meanstheamountyou oweontheloan/leaseatthetimeof"loss"less Ifhired"autos"arecovered"autos"forLiability anyamountsrepresentingtaxes;overdueCoverageandifComprehensive,Specified payments;penalties,interestorchargesCausesofLoss,orCollisioncoveragesare resultingfromoverduepayments;additionalprovidedunderthisCoverageFormforanymileagecharges;excess wearand tear charges;"auto"youown,thenthePhysicalDamage leaseterminationfees;securitydepositsnot Coveragesprovidedareextendedto"autos" you returnedbythelessor;costsforextendedhire orborrow,subject to the followinglimit. warranties,creditlifeInsurance,health,accidentThemostwewillpayfor"loss"toanyhired or disability insurancepurchased withtheloanor "auto"is: lease;andcarry-overbalancesfromprevious(1)$100,000; loans orleases.(2)Theactualcashvalueofthedamagedor 7.AIRBAGCOVERAGEstolenpropertyatthetimeofthe"loss"; or UnderParagraphB.EXCLUSIONS-of (3)Thecostofrepairingorreplacingthe SECTIONIII - PHYSICALDAMAGE damaged orstolen property, COVERAGE, the followingisadded:whicheverissmallest,minusadeductible.The Theexclusionrelatingtomechanicalbreakdowndeductiblewillbeequaltothelargestdeductible doesnotapplytotheaccidentaldischargeofanapplicabletoanyowned"auto"forthat airbag.coverage. No deductibleapplies to "loss"caused 8.ELECTRONICEQUIPMENT-BROADENEDby fireor lightning. Hired Auto Physical DamageCOVERAGEcoverageisexcessoveranyothercollectible a.TheexceptionstoParagraphsB.4-insurance.Subjecttotheabove limit,deductible EXCLUSIONS-ofSECTIONIII-PHYSICAL andexcessprovisions,wewillprovidecoverageDAMAGECOVERAGEarereplacedbythe equaltothe broadest coverage applicable to anyfollowing:covered"auto"you own. 4.c.4.d.Exclusionsanddonotapplyto Wewillalsocoverlossofuseofthehired "auto" equipmentdesignedtobeoperatedsolelyifitresultsfroman"accident",youarelegally byuseofthepowerfromthe"auto's"liableandthelessorincursanactualfinancial electricalsystemthat,atthetimeof"loss", loss,subjecttoamaximumof$1000per is:"accident". (1)Permanentlyinstalledinorupon Thisextensionofcoveragedoesnotapplyto the covered"auto";any"auto"youhireorborrowfromanyofyour"employees",partners(ifyouareapartnership), (2)Removablefromahousingunitmembers(ifyouarealimitedliabilitycompany), whichispermanentlyinstalledinormembers of theirhouseholds. orupon the covered"auto"; (3)Anintegralpartofthesameunit housinganyelectronic equipmentdescribedinParagraphs(1)and (2)above;or © 2011, The Hartford(Includes copyrightedmaterialFormHA 99160312 Page 3of 5of ISOProperties,Inc.,with itspermission.) 305 of 662
(4)Necessaryforthenormal IfanotherHartfordFinancialServicesGroup,operation of the covered"auto"or Inc.companypolicyorcoverageformthatisnotthemonitoringofthecoveredan automobilepolicy orcoverage form applies to"auto's"operating system. the same "accident", the followingapplies:b.SectionIII–VersionCA00010310ofthe (1)IfthedeductibleunderthisBusinessAuto BusinessAutoCoverageForm,Physical CoverageFormisthesmaller(orsmallest)DamageCoverage,LimitofInsurance,deductible,it will bewaived;ParagraphC.2andVersionCA00011001of (2)IfthedeductibleunderthisBusinessAutotheBusinessAutoCoverageForm,Physical CoverageFormisnotthesmaller(orDamageCoverage,LimitofInsurance, smallest)deductible,itwillbereducedbyParagraphCareeachamendedtoaddthe theamountofthesmaller(orsmallest)following: deductible.$1,500isthemostwewillpayfor"loss"in 12.AMENDEDDUTIESINTHEEVENTOF anyone"accident"toallelectronicACCIDENT, CLAIM,SUIT OR LOSSequipment(otherthanequipmentdesigned TherequirementinLOSSCONDITIONS2.a.-solelyforthereproductionofsound,andDUTIES IN THE EVENT OF ACCIDENT,CLAIM,accessoriesusedwithsuchequipment)SUITORLOSS-ofSECTIONIV-BUSINESSthatreproduces,receivesortransmits AUTOCONDITIONSthatyoumustnotifyusof audio,visualordatasignalswhich,atthe an"accident"applies only whenthe"accident" istime of "loss", is: knownto:(1)Permanentlyinstalledinorupon(1)You, ifyou arean individual;thecovered"auto"inahousing, (2)Apartner, ifyou area partnership;openingorotherlocationthat is notnormallyusedbythe"auto" (3)Amember,ifyouarealimitedliabilitymanufacturerfortheinstallationof company;orsuchequipment; (4)An executive officer or insurancemanager, if(2)Removablefromapermanently youare acorporation.installedhousingunitasdescribed13.UNINTENTIONALFAILURETODISCLOSE inParagraph2.a.aboveorisan HAZARDSintegral part of thatequipment; or Ifyouunintentionallyfailtodisclose anyhazards(3)Anintegralpartofsuch equipment. existingattheinceptiondateofyourpolicy,wec.Foreachcovered"auto",shouldlossbelimited willnotdenycoverageunderthisCoveragetoelectronicequipmentonly,ourobligationto Formbecause of suchfailure.payfor,repair,returnorreplacedamagedor 14.HIRED AUTO-COVERAGE TERRITORYstolenelectronicequipmentwillbereducedby Paragraphe.ofGENERALCONDITIONS7.-theapplicabledeductibleshowninthe POLICYPERIOD,COVERAGETERRITORY-Declarations,or$250,whicheverdeductibleis ofSECTIONIV-BUSINESSAUTO less. CONDITIONS is replaced bythefollowing:9.EXTRAEXPENSE- BROADENEDe.Forshort-termhired"autos",thecoverageCOVERAGE territorywithrespecttoLiabilityCoverageisUnderParagraphA.- COVERAGE -of SECTION anywhereintheworldprovidedthatiftheIII-PHYSICALDAMAGECOVERAGE,wewill "insured's"responsibilitytopaydamagesfor payfortheexpenseofreturningastolencovered "bodilyinjury"or"propertydamage"is "auto"toyou. determinedina "suit," the "suit" is brought in 10.GLASSREPAIR-WAIVER OFDEDUCTIBLE theUnitedStatesofAmerica,theterritoriesandpossessionsoftheUnitedStatesofUnderParagraphD.-DEDUCTIBLE-ofSECTION America,PuertoRicoorCanadaorina III-PHYSICALDAMAGECOVERAGE,the settlement weagree to.followingisadded: 15.WAIVEROF SUBROGATIONNodeductibleappliestoglassdamageiftheglass is repaired rather than replaced. TRANSFEROFRIGHTSOFRECOVERYAGAINSTOTHERSTOUS-ofSECTIONIV-11.TWO OR MOREDEDUCTIBLES BUSINESSAUTOCONDITIONSisamendedbyUnderParagraphD.-DEDUCTIBLE-ofSECTION adding the following:III-PHYSICALDAMAGECOVERAGE,thefollowingisadded: © 2011, The Hartford(Includes copyrightedmaterialFormHA 9916 0312 Page 4of 5of ISOProperties,Inc.,with itspermission.) 306 of 662
Wewaiveanyrightofrecoverywemayhave c.Regardlessofthenumberofautosdeemedaagainstanypersonororganizationwithwhomtotalloss,themostwewillpayunderthisyouhaveawrittencontractthatrequiressuch Hybrid,Electric,orNaturalGasVehiclewaiverbecauseofpaymentswemakefor PaymentCoverageprovisionforanyone damages underthis CoverageForm. "loss"is$10,000.16.RESULTANT MENTAL ANGUISH COVERAGE Forthepurposes of the coverageprovision, Thedefinitionof"bodilyinjury"inSECTIONV- a.A"non-hybrid"autoisdefinedasanautothat DEFINITIONS is replaced bythefollowing: usesonlyaninternalcombustionenginetomovetheautobutdoesnotincludeautos"Bodilyinjury"meansbodilyinjury,sicknessor poweredsolelyby electricityor naturalgas.diseasesustainedbyanyperson,includingmentalanguishordeathresultingfromanyof b.A"hybrid"autoisdefinedasanautowithan these. internalcombustionengineandoneormore electricmotors;andthatusestheinternal17.EXTENDED CANCELLATIONCONDITION combustionengineandoneormoreelectric Paragraph2.oftheCOMMONPOLICY motorstomovetheauto,ortheinternal CONDITIONS-CANCELLATION-applies combustionenginetochargeoneormore except asfollows: electric motors, which move the auto.Ifwecancelforanyreasonotherthan19.VEHICLEWRAPCOVERAGEnonpaymentofpremium,wewillmailordeliver Intheeventofatotallosstoan"auto"forwhichtothefirstNamedInsuredwrittennoticeof Comprehensive,SpecifiedCausesofLoss,orcancellationatleast60daysbeforetheeffective Collisioncoveragesareprovidedunderthisdate of cancellation. CoverageForm,thensuchPhysicalDamage18.HYBRID,ELECTRIC,ORNATURALGAS Coveragesare amended to addthefollowing:VEHICLEPAYMENTCOVERAGE Inadditiontotheactualcashvalue of the "auto", Intheeventofatotallosstoa"non-hybrid"auto wewillpayupto$1,000forvinylvehiclewraps forwhichComprehensive,SpecifiedCausesof whicharedisplayedonthecovered"auto"attheLoss,orCollisioncoveragesareprovidedundertimeoftotalloss.RegardlessofthenumberofthisCoverageForm,thensuchPhysical autosdeemedatotalloss,themostwewillpay Damage Coveragesare amended asfollows: underthisVehicleWrapCoverageprovisionfor a.Iftheautoisreplacedwitha"hybrid"autoor anyone"loss"is$5,000.Forpurposesofthis an auto poweredsolely byelectricity ornaturalcoverageprovision,signsorothergraphicsgas,wewillpayanadditional10%,toa paintedormagneticallyaffixedtothevehiclearemaximumof$2,500,ofthe"non-hybrid"auto’snot considered vehiclewraps.actualcashvalueorreplacementcost, whichever is less,b.Theautomust bereplacedand acopy of abill of sale or new lease agreement received byus within 60calendardays of the date of "loss," © 2011, The Hartford(Includes copyrightedmaterialFormHA 9916 0312 Page 5of 5of ISOProperties,Inc.,with itspermission.) 307 of 662
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SS 51 14 04 17 Page 1 of 1
© 2017, The Hartford

ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above.

The insurance afforded to such additional
insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section F-

OPTIONAL ADDITIONAL INSURED
COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:

The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", "property
damage" or "personal and advertising injury",
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.

The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.
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BUSINESS LIABILITY COVERAGE FORM
(b) b.Rented to, in the care, custody or Coverage under this provision does not control of, or over which physical apply to:
control is being exercised for any (1) "Bodily injury" or "property damage" purpose by you, any of your that occurred; or
"employees", "volunteer workers", (2) "Personal and advertising injury"any partner or member (if you are arising out of an offense committeda partnership or joint venture), or before you acquired or formed the any member (if you are a limited organization.liability company).

4. Operator Of Mobile Equipmentb. Real Estate Manager
With respect to "mobile equipment" registered inAny person (other than your "employee" or your name under any motor vehicle registration"volunteer worker"), or any organization law, any person is an insured while driving suchwhile acting as your real estate manager. equipment along a public highway with yourc. Temporary Custodians Of Your permission. Any other person or organizationProperty responsible for the conduct of such person isAny person or organization having proper also an insured, but only with respect to liabilitytemporary custody of your property if you arising out of the operation of the equipment, anddie, but only: only if no other insurance of any kind is available (1) With respect to liability arising out of the to that person or organization for this liability. maintenance or use of that property; and However, no person or organization is an insured with respect to:(2) Until your legal representative has been appointed. a. "Bodily injury" to a co-"employee" of the person driving the equipment; ord. Legal Representative If You Die b. "Property damage" to property owned by,Your legal representative if you die, but rented to, in the charge of or occupied byonly with respect to duties as such. That you or the employer of any person who isrepresentative will have all your rights and an insured under this provision.duties under this insurance.

5. Operator of Nonowned Watercrafte. Unnamed Subsidiary With respect to watercraft you do not own thatAny subsidiary and subsidiary thereof, of is less than 51 feet long and is not being usedyours which is a legally incorporated entity to carry persons for a charge, any person is anof which you own a financial interest of insured while operating such watercraft withmore than 50% of the voting stock on the your permission. Any other person oreffective date of this Coverage Part. organization responsible for the conduct ofThe insurance afforded herein for any such person is also an insured, but only withsubsidiary not shown in the Declarations respect to liability arising out of the operationas a named insured does not apply to of the watercraft, and only if no otherinjury or damage with respect to which an insurance of any kind is available to thatinsured under this insurance is also an person or organization for this liability.insured under another policy or would be However, no person or organization is anan insured under such policy but for its insured with respect to:termination or upon the exhaustion of its limits of insurance. a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or3. Newly Acquired Or Formed Organization b. "Property damage" to property owned by,Any organization you newly acquire or form, rented to, in the charge of or occupied byother than a partnership, joint venture or you or the employer of any person who islimited liability company, and over which you an insured under this provision.maintain financial interest of more than 50% of the voting stock, will qualify as a Named 6. Additional Insureds When Required By Insured if there is no other similar insurance Written Contract, Written Agreement Or available to that organization. However: Permit
a. Coverage under this provision is afforded The person(s) or organization(s) identified in only until the 180th day after you acquire a. f.Paragraphs through below are additional or form the organization or the end of the insureds when you have agreed, in a written policy period, whichever is earlier; and
Form SS 00 08 04 05 Page 11 of 24
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BUSINESS LIABILITY COVERAGE FORM
(e)contract, written agreement or because of a Any failure to make such permit issued by a state or political inspections, adjustments, tests or subdivision, that such person or organization servicing as the vendor has be added as an additional insured on your agreed to make or normally policy, provided the injury or damage occurs undertakes to make in the usual subsequent to the execution of the contract or course of business, in connection agreement, or the issuance of the permit. with the distribution or sale of the products;A person or organization is an additional
(f) Demonstration, installation,insured under this provision only for that servicing or repair operations,period of time required by the contract, except such operations performedagreement or permit.
at the vendor's premises inHowever, no such person or organization is an connection with the sale of theadditional insured under this provision if such product;person or organization is included as an (g) Products which, after distributionadditional insured by an endorsement issued or sale by you, have been labeledby us and made a part of this Coverage Part, or relabeled or used as aincluding all persons or organizations added container, part or ingredient of anyas additional insureds under the specific other thing or substance by or foradditional insured coverage grants in Section the vendor; orF. – Optional Additional Insured Coverages. (h) "Bodily injury" or "propertya. Vendors
damage" arising out of the soleAny person(s) or organization(s) (referred to negligence of the vendor for itsbelow as vendor), but only with respect to own acts or omissions or those of"bodily injury" or "property damage" arising its employees or anyone elseout of "your products" which are distributed acting on its behalf. However, thisor sold in the regular course of the vendor's exclusion does not apply to:business and only if this Coverage Part (i) The exceptions contained inprovides coverage for "bodily injury" or (d) (f)Subparagraphs or ; or"property damage" included within the (ii)"products-completed operations hazard". Such inspections, adjustments, tests or servicing as the vendor(1) The insurance afforded to the vendor has agreed to make or normallyis subject to the following additional undertakes to make in the usualexclusions:
course of business, inThis insurance does not apply to: connection with the distribution (a) "Bodily injury" or "property or sale of the products. damage" for which the vendor is (2) This insurance does not apply to anyobligated to pay damages by insured person or organization fromreason of the assumption of whom you have acquired such products,liability in a contract or agreement. or any ingredient, part or container,This exclusion does not apply to entering into, accompanying orliability for damages that the containing such products.vendor would have in the absence b. Lessors Of Equipmentof the contract or agreement;
(1) Any person or organization from(b) Any express warranty whom you lease equipment; but onlyunauthorized by you;
with respect to their liability for "bodily(c) Any physical or chemical change injury", "property damage" orin the product made intentionally "personal and advertising injury"by the vendor; caused, in whole or in part, by your (d) Repackaging, except when
maintenance, operation or use of
unpacked solely for the purpose of equipment leased to you by such inspection, demonstration, testing, person or organization. or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;

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BUSINESS LIABILITY COVERAGE FORM
(2) e. Permits Issued By State Or PoliticalWith respect to the insurance afforded Subdivisionsto these additional insureds, this
insurance does not apply to any (1) Any state or political subdivision, but "occurrence" which takes place after only with respect to operations you cease to lease that equipment. performed by you or on your behalf for c. Lessors Of Land Or Premises which the state or political subdivision has issued a permit.(1) Any person or organization from (2)whom you lease land or premises, but With respect to the insurance afforded only with respect to liability arising out to these additional insureds, this of the ownership, maintenance or use insurance does not apply to:
of that part of the land or premises (a) "Bodily injury", "property damage" leased to you. or "personal and advertising
(2) With respect to the insurance afforded injury" arising out of operations to these additional insureds, this performed for the state or insurance does not apply to: municipality; or
(a) (b)Any "occurrence" which takes "Bodily injury" or "property damage" place after you cease to lease that included within the "products- land or be a tenant in that completed operations hazard". premises; or f. Any Other Party
(b) Structural alterations, new (1) Any other person or organization who construction or demolition a.is not an insured under Paragraphs operations performed by or on ethrough . above, but only with behalf of such person or respect to liability for "bodily injury", organization. "property damage" or "personal and
d. Architects, Engineers Or Surveyors advertising injury" caused, in whole or in part, by your acts or omissions or(1) Any architect, engineer, or surveyor, but the acts or omissions of those actingonly with respect to liability for "bodily on your behalf:injury", "property damage" or "personal
(a)and advertising injury" caused, in whole In the performance of your or in part, by your acts or omissions or ongoing operations; the acts or omissions of those acting on (b) In connection with your premises your behalf: owned by or rented to you; or
(a) In connection with your premises; (c) In connection with "your work" and or included within the "products-
(b) In the performance of your completed operations hazard", but ongoing operations performed by only if
you or on your behalf. (i) The written contract or written (2) With respect to the insurance afforded agreement requires you to to these additional insureds, the provide such coverage to following additional exclusion applies: such additional insured; and (ii)This insurance does not apply to This Coverage Part provides "bodily injury", "property damage" or coverage for "bodily injury" or "personal and advertising injury" "property damage" included arising out of the rendering of or the within the "products- failure to render any professional completed operations hazard". services by or for you, including: (2) With respect to the insurance afforded (a) The preparing, approving, or to these additional insureds, this failure to prepare or approve, insurance does not apply to:
maps, shop drawings, opinions, "Bodily injury", "property damage" or reports, surveys, field orders, "personal and advertising injury" change orders, designs or arising out of the rendering of, or the drawings and specifications; or failure to render, any professional (b) Supervisory, inspection, architectural, engineering or surveying architectural or engineering services, including:
activities.

Form SS 00 08 04 05 Page 13 of 24
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BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or This General Aggregate limit does not failure to prepare or approve, apply to "property damage" to premises maps, shop drawings, opinions, while rented to you or temporarily reports, surveys, field orders, occupied by you with permission of the change orders, designs or owner, arising out of fire, lightning or drawings and specifications; or explosion.
(b) 3. Each Occurrence LimitSupervisory, inspection,
architectural or engineering 2.a. 2.bSubject to or above, whichever activities. applies, the most we will pay for the sum of all The limits of insurance that apply to additional damages because of all "bodily injury", D.insureds are described in Section – Limits "property damage" and medical expenses Of Insurance. arising out of any one "occurrence" is the Liability and Medical Expenses Limit shown inHow this insurance applies when other the Declarations.insurance is available to an additional insured is described in the Other Insurance Condition The most we will pay for all medical expenses E.in Section – Liability And Medical Expenses because of "bodily injury" sustained by any General Conditions. one person is the Medical Expenses Limit shown in the Declarations.No person or organization is an insured with

4. Personal And Advertising Injury Limitrespect to the conduct of any current or past partnership, joint venture or limited liability 2.b.Subject to above, the most we will pay for company that is not shown as a Named Insured in the sum of all damages because of all the Declarations. "personal and advertising injury" sustained by any one person or organization is the Personal
D. LIABILITY AND MEDICAL EXPENSES
and Advertising Injury Limit shown in theLIMITS OF INSURANCE Declarations.

1. The Most We Will Pay 5. Damage To Premises Rented To You Limit The Limits of Insurance shown in the The Damage To Premises Rented To YouDeclarations and the rules below fix the most Limit is the most we will pay under Businesswe will pay regardless of the number of: Liability Coverage for damages because of a. Insureds; "property damage" to any one premises, while b. Claims made or "suits" brought; or rented to you, or in the case of damage by fire, lightning or explosion, while rented to you orc. Persons or organizations making claims or temporarily occupied by you with permission ofbringing "suits". the owner.2. Aggregate Limits
In the case of damage by fire, lightning orThe most we will pay for: explosion, the Damage to Premises Rented To a. Damages because of "bodily injury" and You Limit applies to all damage proximately "property damage" included in the caused by the same event, whether such "products-completed operations hazard" is damage results from fire, lightning or explosion the Products-Completed Operations or any combination of these.

Aggregate Limit shown in the 6. How Limits Apply To Additional InsuredsDeclarations.

The most we will pay on behalf of a person orb. Damages because of all other "bodily organization who is an additional insuredinjury", "property damage" or "personal under this Coverage Part is the lesser of:and advertising injury", including medical a. The limits of insurance specified in aexpenses, is the General Aggregate Limit written contract, written agreement orshown in the Declarations. permit issued by a state or politicalThis General Aggregate Limit applies subdivision; orseparately to each of your "locations" b. The Limits of Insurance shown in theowned by or rented to you.

Declarations."Location" means premises involving the
Such amount shall be a part of and not in same or connecting lots, or premises addition to the Limits of Insurance shown in whose connection is interrupted only by a the Declarations and described in this Section.street, roadway or right-of-way of a railroad.

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BUSINESS LIABILITY COVERAGE FORM
(1)If more than one limit of insurance under this Immediately send us copies of any policy and any endorsements attached thereto demands, notices, summonses or applies to any claim or "suit", the most we will pay legal papers received in connection under this policy and the endorsements is the with the claim or "suit"; single highest limit of liability of all coverages (2) Authorize us to obtain records and applicable to such claim or "suit". However, this other information; paragraph does not apply to the Medical Expenses (3) Cooperate with us in the investigation, 3.limit set forth in Paragraph above. settlement of the claim or defense The Limits of Insurance of this Coverage Part apply against the "suit"; and separately to each consecutive annual period and to (4) Assist us, upon our request, in theany remaining period of less than 12 months, starting enforcement of any right against anywith the beginning of the policy period shown in the person or organization that may beDeclarations, unless the policy period is extended liable to the insured because of injuryafter issuance for an additional period of less than 12 or damage to which this insurancemonths. In that case, the additional period will be may also apply.deemed part of the last preceding period for purposes d. Obligations At The Insured's Own Costof determining the Limits of Insurance.

No insured will, except at that insured's own
E. LIABILITY AND MEDICAL EXPENSES cost, voluntarily make a payment, assume GENERAL CONDITIONS any obligation, or incur any expense, other than for first aid, without our consent.1. Bankruptcy
e. Additional Insured's Other InsuranceBankruptcy or insolvency of the insured or of the insured's estate will not relieve us of our If we cover a claim or "suit" under this obligations under this Coverage Part. Coverage Part that may also be covered by other insurance available to an2. Duties In The Event Of Occurrence, additional insured, such additional insuredOffense, Claim Or Suit must submit such claim or "suit" to thea. Notice Of Occurrence Or Offense other insurer for defense and indemnity.

You or any additional insured must see to However, this provision does not apply toit that we are notified as soon as the extent that you have agreed in apracticable of an "occurrence" or an written contract, written agreement oroffense which may result in a claim. To permit that this insurance is primary andthe extent possible, notice should include: non-contributory with the additional (1) How, when and where the "occurrence" insured's own insurance. or offense took place; f. Knowledge Of An Occurrence, Offense, (2) The names and addresses of any Claim Or Suit
injured persons and witnesses; and a. b.Paragraphs and apply to you or to (3) The nature and location of any injury any additional insured only when such or damage arising out of the "occurrence", offense, claim or "suit" is "occurrence" or offense. known to:
b. Notice Of Claim (1) You or any additional insured that is an individual;If a claim is made or "suit" is brought
against any insured, you or any additional (2) Any partner, if you or an additional insured must: insured is a partnership;
(1) Immediately record the specifics of the (3) Any manager, if you or an additional claim or "suit" and the date received; insured is a limited liability company; and (4) Any "executive officer" or insurance
(2) Notify us as soon as practicable. manager, if you or an additional insured is a corporation;You or any additional insured must see to it that we receive a written notice of the (5) Any trustee, if you or an additional claim or "suit" as soon as practicable. insured is a trust; or c. Assistance And Cooperation Of The (6) Any elected or appointed official, if you Insured or an additional insured is a political
subdivision or public entity.You and any other involved insured must:

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BUSINESS LIABILITY COVERAGE FORM
f. (3)This Paragraph applies separately to We have issued this policy in reliance you and any additional insured. upon your representations.

3. Financial Responsibility Laws b. Unintentional Failure To Disclose Hazardsa. When this policy is certified as proof of
financial responsibility for the future under If unintentionally you should fail to disclose the provisions of any motor vehicle all hazards relating to the conduct of your financial responsibility law, the insurance business at the inception date of this provided by the policy for "bodily injury" Coverage Part, we shall not deny any liability and "property damage" liability will coverage under this Coverage Part comply with the provisions of the law to because of such failure. the extent of the coverage and limits of 7. Other Insurance insurance required by that law. If other valid and collectible insurance isb. With respect to "mobile equipment" to available for a loss we cover under thiswhich this insurance applies, we will Coverage Part, our obligations are limited asprovide any liability, uninsured motorists, follows:underinsured motorists, no-fault or other a. Primary Insurancecoverage required by any motor vehicle b.law. We will provide the required limits for This insurance is primary except when those coverages. below applies. If other insurance is also primary, we will share with all that other4. Legal Action Against Us c.insurance by the method described inNo person or organization has a right under below.this Coverage Form:
b. Excess Insurancea. To join us as a party or otherwise bring us This insurance is excess over any of theinto a "suit" asking for damages from an other insurance, whether primary, excess,insured; or
contingent or on any other basis:b. To sue us on this Coverage Form unless (1) Your Workall of its terms have been fully complied
with. That is Fire, Extended Coverage,
Builder's Risk, Installation Risk orA person or organization may sue us to recover similar coverage for "your work";on an agreed settlement or on a final judgment against an insured; but we will not be liable for (2) Premises Rented To You damages that are not payable under the terms of That is fire, lightning or explosionthis insurance or that are in excess of the insurance for premises rented to youapplicable limit of insurance. An agreed or temporarily occupied by you withsettlement means a settlement and release of permission of the owner;liability signed by us, the insured and the (3) Tenant Liabilityclaimant or the claimant's legal representative.

That is insurance purchased by you to5. Separation Of Insureds cover your liability as a tenant forExcept with respect to the Limits of Insurance, "property damage" to premises rentedand any rights or duties specifically assigned to you or temporarily occupied by youin this policy to the first Named Insured, this with permission of the owner;insurance applies:
(4) Aircraft, Auto Or Watercrafta. As if each Named Insured were the only If the loss arises out of the maintenanceNamed Insured; and or use of aircraft, "autos" or watercraft tob. Separately to each insured against whom g.the extent not subject to Exclusion ofa claim is made or "suit" is brought. A.Section – Coverages.

6. Representations (5) Property Damage To Borrowed
a. When You Accept This Policy Equipment Or Use Of Elevators By accepting this policy, you agree: If the loss arises out of "property damage" to borrowed equipment or(1) The statements in the Declarations the use of elevators to the extent notare accurate and complete; k. A.subject to Exclusion of Section –(2) Those statements are based upon Coverages.representations you made to us; and

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BUSINESS LIABILITY COVERAGE FORM
(6) When You Are Added As An When this insurance is excess over other Additional Insured To Other insurance, we will pay only our share of Insurance the amount of the loss, if any, that
exceeds the sum of:That is other insurance available to (1)you covering liability for damages The total amount that all such other arising out of the premises or insurance would pay for the loss in the operations, or products and completed absence of this insurance; and operations, for which you have been (2) The total of all deductible and self- added as an additional insured by that insured amounts under all that other insurance; or insurance.
(7) When You Add Others As An We will share the remaining loss, if any, with Additional Insured To This any other insurance that is not described in Insurance this Excess Insurance provision and was not
That is other insurance available to an bought specifically to apply in excess of the additional insured. Limits of Insurance shown in the
Declarations of this Coverage Part.However, the following provisions c. Method Of Sharingapply to other insurance available to any person or organization who is an If all the other insurance permits additional insured under this Coverage contribution by equal shares, we will follow Part: this method also. Under this approach,
(a) Primary Insurance When each insurer contributes equal amounts Required By Contract until it has paid its applicable limit of insurance or none of the loss remains,This insurance is primary if you whichever comes first.have agreed in a written contract, written agreement or permit that If any of the other insurance does not permit this insurance be primary. If other contribution by equal shares, we will insurance is also primary, we will contribute by limits. Under this method, each share with all that other insurance insurer’s share is based on the ratio of its c.by the method described in applicable limit of insurance to the total below. applicable limits of insurance of all insurers.
(b) Primary And Non-Contributory 8. Transfer Of Rights Of Recovery Against To Other Insurance When Others To Us
Required By Contract a. Transfer Of Rights Of Recovery
If you have agreed in a written If the insured has rights to recover all or contract, written agreement or part of any payment, including permit that this insurance is Supplementary Payments, we have made primary and non-contributory with under this Coverage Part, those rights are the additional insured's own transferred to us. The insured must do insurance, this insurance is nothing after loss to impair them. At our primary and we will not seek request, the insured will bring "suit" or contribution from that other transfer those rights to us and help us insurance. enforce them. This condition does not
(a) (b)Paragraphs and do not apply to apply to Medical Expenses Coverage. other insurance to which the additional b. Waiver Of Rights Of Recovery (Waiver insured has been added as an Of Subrogation)
additional insured. If the insured has waived any rights of When this insurance is excess, we will recovery against any person or have no duty under this Coverage Part to organization for all or part of any payment, defend the insured against any "suit" if any including Supplementary Payments, we other insurer has a duty to defend the have made under this Coverage Part, we insured against that "suit". If no other also waive that right, provided the insured insurer defends, we will undertake to do waived their rights of recovery against so, but we will be entitled to the insured's such person or organization in a contract, rights against all those other insurers. agreement or permit that was executed prior to the injury or damage.

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR File ID: 22-5847 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Information Technology Department
MEETING DATE: March 21, 2022
SUBJECT:

Enterprise Resource Planning Software Licensing, Maintenance and Support Services – Agreement RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and approve a contract with Tyler Technologies, Inc. for Eden financial, human resources, and payroll annual maintenance and support in the amount of $109,355.46, and authorize Information Technology Director to execute the contract in substantially the form presented.

BACKGROUND:

The City annually renews maintenance and support for the Eden enterprise resource planning (ERP) software. Renewal ensures the City uses a fully-licensed financial and human resources information system and payroll processing system, along with vendor-supplied technical and end-user support. Contract renewal requires Council attention due to annual rate increases.

In accordance with San Mateo Municipal Code section 3.60.050(b), calling for bids would not have been feasible for this agreement. Eden has been utilized by the City for many years as its financial support software, and it has been fully integrated into various City systems. Continued use of Eden software is required to support mission critical City systems, and Tyler Technologies provides the best price point for acquiring support of the Eden software.

BUDGET IMPACT:

Annual maintenance and support for Eden is included in the annual operating budget for the Information Technology Department.

ENVIRONMENTAL DETERMINATION:

This software maintenance renewal contract is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement
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CITY OF SAN MATEO
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STAFF CONTACT
Jonathan Strange, Systems Analyst II
[email protected]
(650) 522-7119
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)
APPROVING ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT WITH TYLER TECHNOLOGIES, INC.

FOR A ONE-YEAR MAINTENANCE AGREEMENT FOR ENTERPRISE RESOURCE PLANNING SOFTWARE ($109,355.46)
WHEREAS, the city requires the use of Tyler Technologies, Inc.’s Eden enterprise resource planning software for financial, payroll, and human resources software essential to City operations; WHEREAS, the City will benefit from software maintenance and support through annual renewal of the maintenance agreement;
WHEREAS, in accordance with Municipal Code section 3.60.050(b) agreements may be awarded without competitive bids if calling for bids would be impracticable, unavailing or impossible and the City Council sets forth findings designating the reasons; and
WHEREAS, City staff recommends approval of the agreement with Tyler Technologies, Inc. for one-year maintenance for enterprise resource planning software.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY FINDS and RESOLVES that:

1. This software maintenance renewal contract is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

2. In accordance with San Mateo Municipal Code section 3.60.050(b), calling for bids would be impracticable, unavailing, or impossible because:
a. Eden enterprise resource planning software has been utilized by the City for many years as its support software.
b. Eden software has been fully integrated into various City systems. c. Tyler Technologies, Inc. assisted the City in Eden software implementation, provided continued software maintenance support, and has foundational knowledge of the City’s systems.
d. Continued use of Eden software is required to support mission critical City systems. e. A maintenance agreement with Tyler Technologies, Inc. provides the best price point for acquiring support of the Eden software

3. The agreement with Tyler Technologies, Inc., for a one-year maintenance agreement for enterprise resource planning software, in the amount of $109,355.46 is approved.

4. The Director of the Department of Information Technology is authorized to execute the agreement on behalf of the City.
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7 LICENSE AND SERVICES AGREEMENT
This License and Services Agreement is made between Tyler Technologies, Inc. and Client.

WHEREAS, Client and Tyler are parties to a License and Services Agreement dated January 1, 2021, by which Client licensed certain software products from Tyler and purchased certain services from Tyler and Tyler provided said license and services in accordance therewith (the “Initial Agreement”); WHEREAS, Client and Tyler desire to replace the Initial Agreement with updated terms to reflect the nature of their ongoing relationship;
NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and promises set forth in this Agreement, Tyler and Client agree as follows:

SECTION A – DEFINITIONS
“Agreement” means this License and Services Agreement. “Business Travel Policy” means our business travel policy. A copy of our current Business Travel Policy is attached as Schedule 1 to Exhibit B.
“Client” means the City of San Mateo and its employees, contractors, and agents. “Defect” means a failure of the Tyler Software to substantially conform to the functional descriptions set forth in our written proposal to you, or their functional equivalent. Future functionality may be updated, modified, or otherwise enhanced through our maintenance and support services, and the governing functional descriptions for such future functionality will be set forth in our then-current Documentation.
“Developer” means a third party who owns the intellectual property rights to Third Party Software.
“Documentation” means any online or written documentation related to the use or functionality of the Tyler Software that we provide or otherwise make available to you, including instructions, user guides, manuals and other training or self-help documentation. “Effective Date” means January 1, 2022.
“Force Majeure” means an event beyond the reasonable control of you or us, including, without limitation, governmental action, war, riot or civil commotion, fire, natural disaster, or any other cause that could not with reasonable diligence be foreseen or prevented by you or us. “Initial Agreement” means our prior agreement by which we licensed Tyler Software to you and performed certain services related thereto.
“Investment Summary” means the agreed upon cost proposal for the software, products, and services attached as Exhibit A.
“Invoicing and Payment Policy” means the invoicing and payment policy. A copy of our current Invoicing and Payment Policy is attached as Exhibit B.
“Maintenance and Support Agreement” means the terms and conditions governing the provision of maintenance and support services to all of our customers. A copy of our current 319 of 662
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7 Maintenance and Support Agreement is attached as Exhibit C. “Support Call Process” means the support call process applicable to all of our customers who have licensed the Tyler Software. A copy of our current Support Call Process is attached as Schedule 1 to Exhibit C.
“Third Party Hardware” means the third party hardware, if any, identified in the Investment Summary.
“Third Party Products” means the Third Party Software and Third Party Hardware. “Third Party Services” means the third party services, if any, identified in the Investment Summary.
“Third Party Software” means the third party software, if any, identified in the Investment Summary.
“Third Party Terms” means, if any, the end user license agreement(s) or similar terms for the Third Party Software, as applicable.
“Tyler” means Tyler Technologies, Inc., a Delaware corporation. “Tyler Software” means our proprietary software, including any integrations, custom modifications, and/or other related interfaces identified in the Investment Summary and licensed by us to you through this Agreement.
“we”, “us”, “our” and similar terms mean Tyler.
“you” and similar terms mean Client.

SECTION B – SOFTWARE LICENSE

1. Termination of the Initial Agreement.

1.1 As of the Effective Date, the Initial Agreement is hereby terminated by mutual agreement of the parties. The parties’ relationship shall be governed solely by the terms of this Agreement.

2. License Grant and Restrictions.

2.1 We grant to you a license to use the Tyler Software for your internal business purposes only, in the scope of the internal business purposes disclosed to us as of the Effective Date. You may make copies of the Tyler Software for backup and testing purposes, so long as such copies are not used in production and the testing is for internal use only. Your rights to use the Tyler Software are perpetual but may be revoked if you do not comply with the terms of this Agreement.

2.2 The Documentation is licensed to you and may be used and copied by your employees for internal, non-commercial reference purposes only.

2.3 You may not: (a) transfer or assign the Tyler Software to a third party; (b) reverse engineer, decompile, or disassemble the Tyler Software; (c) rent, lease, lend, or provide commercial hosting services with the Tyler Software; or (d) publish or otherwise disclose the Tyler Software or Documentation to third parties.

2.4 The license terms in this Agreement apply to updates and enhancements we may provide to you or make available to you through your Maintenance and Support Agreement. 320 of 662
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7 2.5 The right to transfer the Tyler Software to a replacement hardware system is included in your license. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance from us associated with such transfer.

2.6 Where applicable with respect to our applications that take or process card payment data, we are responsible for the security of cardholder data that we possess, including functions relating to storing, processing, and transmitting of the cardholder data and affirm that, as of the Effective Date, we comply with applicable requirements to be considered PCI DSS compliant and have performed the necessary steps to validate compliance with the PCI DSS. We agree to supply the current status of our PCI DSS compliance program in the form of an official Attestation of Compliance, which can be found at https://www.tylertech.com/about- us/compliance, and in the event of any change in our status, will comply with applicable notice requirements.

2.7 We reserve all rights not expressly granted to you in this Agreement. The Tyler Software and Documentation are protected by copyright and other intellectual property laws and treaties.

We own the title, copyright, and other intellectual property rights in the Tyler Software and the Documentation. The Tyler Software is licensed, not sold.

3. License Fees. There shall be no further license fees owed by you for the Tyler Software you licensed purchased under the Initial Agreement. Should you license additional Tyler Software through this Agreement or by subsequent amendment thereto, you agree to pay us the license fees in the amounts set forth in the applicable Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.

4. Escrow. We maintain an escrow agreement with a third party under which we place the source code for each major release of the Tyler Software. You may be added as a beneficiary to the escrow agreement by completing a standard beneficiary enrollment form and paying the applicable annual beneficiary fee. You will be responsible for maintaining your ongoing status as a beneficiary, including payment of the then-current annual beneficiary fees. Release of source code for the Tyler Software is strictly governed by the terms of the escrow agreement.

5. Limited Warranty. We warrant that the Tyler Software will be without Defect(s) as long as you have a Maintenance and Support Agreement in effect. If the Tyler Software does not perform as warranted, we will use all reasonable efforts, consistent with industry standards, to cure the Defect as set forth in the Maintenance and Support Agreement.

SECTION C – PROFESSIONAL SERVICES

1. Services. We will provide you the various implementation-related services itemized in the Investment Summary, if any.

2. Professional Services Fees. You agree to pay us the professional services fees in the amounts set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy. You acknowledge that the fees stated in the Investment Summary are good-faith estimates of the amount of time and materials required for your implementation. We will bill you the actual fees incurred based on the in-scope services provided to you. Any discrepancies in the total values set forth in the Investment Summary will be resolved by multiplying the applicable 321 of 662
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7 hourly rate by the quoted hours.

3. Additional Services. The Investment Summary contains the scope of services and related costs (including programming and/or interface estimates) required for the project based on our understanding of the specifications you supplied. If additional work is required, or if you use or request additional services, we will provide you with an addendum or change order, as applicable, outlining the costs for the additional work. The price quotes in the addendum or change order will be valid for thirty (30) days from the date of the quote.

4. Cancellation. We make all reasonable efforts to schedule our personnel for travel, including arranging travel reservations, at least two (2) weeks in advance of commitments. Therefore, if you cancel services less than two (2) weeks in advance (other than for Force Majeure or breach by us), you will be liable for all (a) non-refundable expenses incurred by us on your behalf, and (b) daily fees associated with cancelled professional services if we are unable to reassign our personnel. We will make all reasonable efforts to reassign personnel in the event you cancel within two (2) weeks of scheduled commitments.

5. Services Warranty. We will perform the services in a professional, workmanlike manner, consistent with industry standards. In the event we provide services that do not conform to this warranty, we will re-perform such services at no additional cost to you.

6. Site Access and Requirements. At no cost to us, you agree to provide us with full and free access to your personnel, facilities, and equipment as may be reasonably necessary for us to provide implementation services, subject to any reasonable security protocols or other written policies provided to us as of the Effective Date, and thereafter as mutually agreed to by you and us. You further agree to provide a reasonably suitable environment, location, and space for the installation of the Tyler Software and any Third Party Products, including, without limitation, sufficient electrical circuits, cables, and other reasonably necessary items required for the installation and operation of the Tyler Software and any Third Party Products.

7. Client Assistance. You acknowledge that the implementation of the Tyler Software is a cooperative process requiring the time and resources of your personnel. You agree to use all reasonable efforts to cooperate with and assist us as may be reasonably required to meet the agreed upon project deadlines and other milestones for implementation. This cooperation includes at least working with us to schedule the implementation-related services outlined in this Agreement. We will not be liable for failure to meet any deadlines and milestones when such failure is due to Force Majeure or to the failure by your personnel to provide such cooperation and assistance (either through action or omission).

8. Background Checks. For at least the past twelve (12) years, all of our employees have undergone criminal background checks prior to hire. All employees sign our confidentiality agreement and security policies.

SECTION D – MAINTENANCE AND SUPPORT
If you have purchased ongoing maintenance and support services, and continue to make timely payments for them according to our Invoicing and Payment Policy, we will provide you with maintenance and support services for the Tyler Software under the terms of our standard 322 of 662
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7 Maintenance and Support Agreement.

If you have opted not to purchase ongoing maintenance and support services for the Tyler Software, the Maintenance and Support Agreement does not apply to you. Instead, you will only receive ongoing maintenance and support on the Tyler Software on a time and materials basis. In addition, you will:
(i) receive the lowest priority under our Support Call Process; (ii) be required to purchase new releases of the Tyler Software, including fixes, enhancements and patches;
(iii) be charged our then-current rates for support services, or such other rates that we may consider necessary to account for your lack of ongoing training on the Tyler Software; (iv) be charged for a minimum of two (2) hours of support services for every support call; and
(v) not be granted access to the support website for the Tyler Software or the Tyler Community Forum.

SECTION E – THIRD PARTY PRODUCTS
To the extent there are any Third Party Products set forth in the Investment Summary, the following terms and conditions will apply:

1. Third Party Hardware. We will sell, deliver, and install onsite the Third Party Hardware, if you have purchased any, for the price set forth in the Investment Summary. Those amounts are payable in accordance with our Invoicing and Payment Policy.

2. Third Party Software. Upon payment in full of the Third Party Software license fees, you will receive a non-transferable license to use the Third Party Software and related documentation for your internal business purposes only. Your license rights to the Third Party Software will be governed by the Third Party Terms.

2.1 We will install onsite the Third Party Software. The installation cost is included in the installation fee in the Investment Summary.

2.2 If the Developer charges a fee for future updates, releases, or other enhancements to the Third Party Software, you will be required to pay such additional future fee.

2.3 The right to transfer the Third Party Software to a replacement hardware system is governed by the Developer. You will give us advance written notice of any such transfer and will pay us for any required or requested technical assistance from us associated with such transfer.

3. Third Party Products Warranties.

3.1 We are authorized by each Developer to grant or transfer the licenses to the Third Party Software.

3.2 The Third Party Hardware will be new and unused, and upon payment in full, you will receive free and clear title to the Third Party Hardware.
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7 3.3 You acknowledge that we are not the manufacturer of the Third Party Products. We do not warrant or guarantee the performance of the Third Party Products. However, we grant and pass through to you any warranty that we may receive from the Developer or supplier of the Third Party Products.

4. Third Party Services. If you have purchased Third Party Services, those services will be provided independent of Tyler by such third-party at the rates set forth in the Investment Summary and in accordance with our Invoicing and Payment Policy.

5. Maintenance. If you have a Maintenance and Support Agreement in effect, you may report defects and other issues related to the Third Party Software directly to us, and we will (a) directly address the defect or issue, to the extent it relates to our interface with the Third Party Software; and/or (b) facilitate resolution with the Developer, unless that Developer requires that you have a separate, direct maintenance agreement in effect with that Developer. In all events, if you do not have a Maintenance and Support Agreement in effect with us, you will be responsible for resolving defects and other issues related to the Third Party Software directly with the Developer.

SECTION F – INVOICING AND PAYMENT; INVOICE DISPUTES

1. Invoicing and Payment. We will invoice you for all fees set forth in the Investment Summary per our Invoicing and Payment Policy, subject to Section F(2).

2. Invoice Disputes. If you believe any delivered software or service does not conform to the warranties in this Agreement, you will provide us with written notice within thirty (30) days of your receipt of the applicable invoice. The written notice must contain reasonable detail of the issues you contend are in dispute so that we can confirm the issue and respond to your notice with either a justification of the invoice, an adjustment to the invoice, or a proposal addressing the issues presented in your notice. We will work with you as may be necessary to develop an action plan that outlines reasonable steps to be taken by each of us to resolve any issues presented in your notice.

You may withhold payment of the amount(s) actually in dispute, and only those amounts, until we complete the action items outlined in the plan. If we are unable to complete the action items outlined in the action plan because of your failure to complete the items agreed to be done by you, then you will remit full payment of the invoice. We reserve the right to suspend delivery of all services, including maintenance and support services, if you fail to pay an invoice not disputed as described above within fifteen (15) days of notice of our intent to do so.

SECTION G – TERMINATION

1. Termination. This Agreement may be terminated as set forth below. In the event of termination, you will pay us for all undisputed fees and expenses related to the software, products, and/or services you have received, or we have incurred or delivered, prior to the effective date of termination. Disputed fees and expenses in all terminations other than your termination for cause must have been submitted as invoice disputes in accordance with Section F(2).

1.1 For Cause. If you believe we have materially breached this Agreement, you will invoke the Dispute Resolution clause set forth in Section I(23). You may terminate this Agreement for cause in the event we do not cure, or create a mutually agreeable action plan to address, a 324 of 662
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7 material breach of this Agreement within the thirty (30) day window set forth in Section I(3).

1.2 Force Majeure. Either party has the right to terminate this Agreement if a Force Majeure event suspends performance of this Agreement for a period of forty-five (45) days or more.

1.3 Lack of Appropriations. If you should not appropriate or otherwise receive funds sufficient to purchase, lease, operate, or maintain the software or services set forth in this Agreement, you may unilaterally terminate this Agreement upon thirty (30) days written notice to us. You will not be entitled to a refund or offset of previously paid license and other fees. You agree not to use termination for lack of appropriations as a substitute for termination for convenience.

SECTION H – INDEMNIFICATION, LIMITATION OF LIABILITY AND INSURANCE

1. Intellectual Property Infringement Indemnification.

1.1 We will defend you against any third party claim(s) that the Tyler Software or Documentation infringes that third party’s patent, copyright, or trademark, or misappropriates its trade secrets, and will pay the amount of any resulting adverse final judgment (or settlement to which we consent). You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

1.2 Our obligations under this Section H(1) will not apply to the extent the claim or adverse final judgment is based on your: (a) use of a previous version of the Tyler Software and the claim would have been avoided had you installed and used the current version of the Tyler Software, and we provided notice of that requirement to you; (b) combining the Tyler Software with any product or device not provided, contemplated, or approved by us; (c) altering or modifying the Tyler Software, including any modification by third parties at your direction or otherwise permitted by you; (d) use of the Tyler Software in contradiction of this Agreement, including with non-licensed third parties; or (e) willful infringement, including use of the Tyler Software after we notify you to discontinue use due to such a claim.

1.3 If we receive information concerning an infringement or misappropriation claim related to the Tyler Software, we may, at our expense and without obligation to do so, either: (a) procure for you the right to continue its use; (b) modify it to make it non-infringing; or (c) replace it with a functional equivalent, in which case you will stop running the allegedly infringing Tyler Software immediately. Alternatively, we may decide to litigate the claim to judgment, in which case you may continue to use the Tyler Software consistent with the terms of this Agreement.

1.4 If an infringement or misappropriation claim is fully litigated and your use of the Tyler Software is enjoined by a court of competent jurisdiction, in addition to paying any adverse final judgment (or settlement to which we consent), we will, at our option, either: (a) procure the right to continue its use; (b) modify it to make it non-infringing; (c) replace it with a functional equivalent; or (d) terminate your license and refund the license fees paid for the infringing Tyler Software, as depreciated on a straight-line basis measured over seven (7) years from the Effective Date of the Initial Agreement. We will pursue those options in the order listed herein.

This section provides your exclusive remedy for third party copyright, patent, or trademark infringement and trade secret misappropriation claims.
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7 2. General Indemnification.

2.1 We will indemnify and hold harmless you and your agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for (a) personal injury or property damage to the extent caused by our negligence or willful misconduct; or (b) our violation of PCI DSS requirements or a law applicable to our performance under this Agreement. You must notify us promptly in writing of the claim and give us sole control over its defense or settlement. You agree to provide us with reasonable assistance, cooperation, and information in defending the claim at our expense.

2.2 To the extent permitted by applicable law, you will indemnify and hold harmless us and our agents, officials, and employees from and against any and all third-party claims, losses, liabilities, damages, costs, and expenses (including reasonable attorney's fees and costs) for personal injury or property damage to the extent caused by your negligence or willful misconduct; or (b) your violation of a law applicable to your performance under this Agreement.

We will notify you promptly in writing of the claim and will give you sole control over its defense or settlement. We agree to provide you with reasonable assistance, cooperation, and information in defending the claim at your expense.

3. DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS AGREEMENT AND TO

THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL OTHER

WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT

NOT LIMITED TO, ANY IMPLIED WARRANTIES, DUTIES, OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

4. LIMITATION OF LIABILITY. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT,

OUR LIABILITY FOR DAMAGES ARISING OUT OF THIS AGREEMENT, WHETHER BASED ON A THEORY

OF CONTRACT OR TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, SHALL BE LIMITED TO

YOUR ACTUAL DIRECT DAMAGES, NOT TO EXCEED THE THEN-CURRENT ANNUAL MAINTENANCE AND SUPPORT FEE. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE PRICES SET FORTH IN

THIS AGREEMENT ARE SET IN RELIANCE UPON THIS LIMITATION OF LIABILITY AND TO THE

MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, THE EXCLUSION OF CERTAIN DAMAGES,

AND EACH SHALL APPLY REGARDLESS OF THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY REMEDY. THE FOREGOING LIMITATION OF LIABILITY SHALL NOT APPLY TO CLAIMS THAT ARE SUBJECT TO SECTIONS H(1) AND H(2).

5. EXCLUSION OF CERTAIN DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,

IN NO EVENT SHALL WE BE LIABLE FOR ANY SPECIAL, INCIDENTAL, PUNITIVE, INDIRECT, OR

CONSEQUENTIAL DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

6. Insurance. During the course of performing services under this Agreement, we agree to maintain the following levels of insurance: (a) Commercial General Liability of at least $1,000,000; (b) Automobile Liability of at least $1,000,000; (c) Professional Liability of at least $1,000,000; (d) Workers Compensation complying with applicable statutory requirements; and (e) Excess/Umbrella Liability of at least $5,000,000. We will add you as an additional insured to our Commercial General 326 of 662
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7 Liability and Automobile Liability policies, which will automatically add you as an additional insured to our Excess/Umbrella Liability policy as well. We will provide you with copies of certificates of insurance upon your written request.

SECTION I – GENERAL TERMS AND CONDITIONS

1. Additional Products and Services. You may purchase additional products and services at our then- current list price, also by executing a mutually agreed addendum. The terms of this Agreement will control any such additional purchase(s), unless otherwise specifically provided in the addendum.

2. Dispute Resolution. You agree to provide us with written notice within thirty (30) days of becoming aware of a dispute. You agree to cooperate with us in trying to reasonably resolve all disputes, including, if requested by either party, appointing a senior representative to meet and engage in good faith negotiations with our appointed senior representative. Senior representatives will convene within thirty (30) days of the written dispute notice, unless otherwise agreed. All meetings and discussions between senior representatives will be deemed confidential settlement discussions not subject to disclosure under Federal Rule of Evidence 408 or any similar applicable state rule. If we fail to resolve the dispute, then the parties shall participate in non-binding mediation in an effort to resolve the dispute. If the dispute remains unresolved after mediation, then either of us may assert our respective rights and remedies in a court of competent jurisdiction. Nothing in this section shall prevent you or us from seeking necessary injunctive relief during the dispute resolution procedures.

3. Taxes. Unless otherwise expressly indicated therein, the fees in the Investment Summary do not include any taxes, including, without limitation, sales, use, or excise tax. If you are a tax-exempt entity, you agree to provide us with a tax-exempt certificate. Otherwise, we will pay all applicable taxes to the proper authorities and you will reimburse us for such taxes. If you have a valid direct- pay permit, you agree to provide us with a copy. For clarity, we are responsible for paying our income taxes, both federal and state, as applicable, arising from our performance of this Agreement.

4. Nondiscrimination. We will not discriminate against any person employed or applying for employment concerning the performance of our responsibilities under this Agreement. This discrimination prohibition will apply to all matters of initial employment, tenure, and terms of employment, or otherwise with respect to any matter directly or indirectly relating to employment concerning race, color, religion, national origin, age, sex, sexual orientation, ancestry, disability that is unrelated to the individual's ability to perform the duties of a particular job or position, height, weight, marital status, or political affiliation. We will post, where appropriate, all notices related to nondiscrimination as may be required by applicable law.

5. E-Verify. We have complied, and will comply, with the E-Verify procedures administered by the U.S.

Citizenship and Immigration Services Verification Division for all of our employees assigned to your project.

6. Subcontractors. We will not subcontract any services under this Agreement without your prior written consent, not to be unreasonably withheld.

7. Binding Effect; No Assignment. This Agreement shall be binding on, and shall be for the benefit of, either your or our successor(s) or permitted assign(s). Neither party may assign this Agreement 327 of 662
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7 without the prior written consent of the other party; provided, however, your consent is not required for an assignment by us as a result of a corporate reorganization, merger, acquisition, or purchase of substantially all of our assets.

8. Force Majeure. Except for your payment obligations, neither party will be liable for delays in performing its obligations under this Agreement to the extent that the delay is caused by Force Majeure; provided, however, that within ten (10) business days of the Force Majeure event, the party whose performance is delayed provides the other party with written notice explaining the cause and extent thereof, as well as a request for a reasonable time extension equal to the estimated duration of the Force Majeure event.

9. No Intended Third Party Beneficiaries. This Agreement is entered into solely for the benefit of you and us. No third party will be deemed a beneficiary of this Agreement, and no third party will have the right to make any claim or assert any right under this Agreement. This provision does not affect the rights of third parties under any Third Party Terms.

10. Entire Agreement; Amendment. This Agreement represents the entire agreement between you and us with respect to the subject matter hereof, and supersedes any prior agreements, understandings, and representations, whether written, oral, expressed, implied, or statutory. Purchase orders submitted by you, if any, are for your internal administrative purposes only, and the terms and conditions contained in those purchase orders will have no force or effect. This Agreement may only be modified by a written amendment signed by an authorized representative of each party.

11. Severability. If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement will be considered valid and enforceable to the fullest extent permitted by law.

12. No Waiver. In the event that the terms and conditions of this Agreement are not strictly enforced by either party, such non-enforcement will not act as or be deemed to act as a waiver or modification of this Agreement, nor will such non-enforcement prevent such party from enforcing each and every term of this Agreement thereafter.

13. Independent Contractor. We are an independent contractor for all purposes under this Agreement.

14. Notices. All notices or communications required or permitted as a part of this Agreement, such as notice of an alleged material breach for a termination for cause or a dispute that must be submitted to dispute resolution, must be in writing and will be deemed delivered upon the earlier of the following: (a) actual receipt by the receiving party; (b) upon receipt by sender of a certified mail, return receipt signed by an employee or agent of the receiving party; (c) upon receipt by sender of proof of email delivery; or (d) if not actually received, five (5) days after deposit with the United States Postal Service authorized mail center with proper postage (certified mail, return receipt requested) affixed and addressed to the other party at the address set forth on the signature page hereto or such other address as the party may have designated by proper notice. The consequences for the failure to receive a notice due to improper notification by the intended receiving party of a change in address will be borne by the intended receiving party.

15. Client Lists. You agree that we may identify you by name in client lists, marketing presentations, and promotional materials.
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7 16. Confidentiality. Both parties recognize that their respective employees and agents, in the course of performance of this Agreement, may be exposed to confidential information and that disclosure of such information could violate rights to private individuals and entities, including the parties.

Confidential information is nonpublic information that a reasonable person would believe to be confidential and includes, without limitation, personal identifying information (e.g., social security numbers) and trade secrets, each as defined by applicable state law. Each party agrees that it will not disclose any confidential information of the other party and further agrees to take all reasonable and appropriate action to prevent such disclosure by its employees or agents. The confidentiality covenants contained herein will survive the termination or cancellation of this Agreement. This obligation of confidentiality will not apply to information that:
(a) is in the public domain, either at the time of disclosure or afterwards, except by breach of this Agreement by a party or its employees or agents;
(b) a party can establish by reasonable proof was in that party's possession at the time of initial disclosure;
(c) a party receives from a third party who has a right to disclose it to the receiving party; or (d) is the subject of a legitimate disclosure request under the open records laws or similar applicable public disclosure laws governing this Agreement; provided, however, that in the event you receive an open records or other similar applicable request, you will give us prompt notice and otherwise perform the functions required by applicable law.

17. Governing Law. This Agreement will be governed by and construed in accordance with the laws of your state of domicile, without regard to its rules on conflicts of law.

18. Multiple Originals and Authorized Signatures. This Agreement may be executed in multiple originals, any of which will be independently treated as an original document. Any electronic, faxed, scanned, photocopied, or similarly reproduced signature on this Agreement or any amendment hereto will be deemed an original signature and will be fully enforceable as if an original signature.

Each party represents to the other that the signatory set forth below is duly authorized to bind that party to this Agreement.

19. Contract Documents. This Agreement includes the following exhibits:

Exhibit A Investment Summary
Exhibit B Invoicing and Payment Policy
Schedule 1: Business Travel Policy
Exhibit C Maintenance and Support Agreement
Schedule 1: Support Call Process
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7 IN WITNESS WHEREOF, a duly authorized representative of each party has executed this Agreement as of the date(s) set forth below.

Tyler Technologies, Inc. City of San Mateo
By: By:

Name: Name: Pete Owen Title: Title: Director of Information Technology Date: Date:

Address for Notices: Address for Notices:

Tyler Technologies, Inc. City of San Mateo
One Tyler Drive 330 W. 20 th Avenue
Yarmouth, ME 04096 San Mateo, CA 94403
Attention: Chief Legal Officer Attention: Pete Owen
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Exhibit A
1 Exhibit A
Investment Summary
The following Investment Summary details the software, products, and services to be delivered by us to you under the Agreement. This Investment Summary is effective as of the Effective Date. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

REMAINDER OF PAGE INTENTIONALLY LEFT BLANK
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Exhibit A
2 332 of 662
Exhibit A
3 333 of 662
Exhibit B
1 Exhibit B
Invoicing and Payment Policy
We will provide you with the software and services set forth in the Investment Summary. Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

Invoicing: We will invoice you for the applicable license and services fees in the Investment Summary as set forth below. Your rights to dispute any invoice are set forth in the Agreement.

1. Tyler Software.

1.1License Fees: License fees are invoiced as follows: 100% on the Effective Date.

1.2Maintenance and Support Fees: Year 1 maintenance and support fees are due prior to January 31, 2022.

2. Professional Services.

2.1Implementation and Other Professional Services (including training): Implementation and other professional services (including training) are billed and invoiced as delivered, at the rates set forth in the Investment Summary.

2.2Consulting Services: If you have purchased any Business Process Consulting services, if they have been quoted as fixed-fee services, they will be invoiced 50% upon delivery of the Best Practice Recommendations, by module, and 50% upon delivery of custom desktop procedures, by module. If you have purchased any Business Process Consulting services and they are quoted as an estimate, then we will bill you the actual services delivered on a time and materials basis.

2.3Conversions: Fixed-fee conversions are invoiced 50% upon initial delivery of the converted data, by conversion option, and 50% upon Client acceptance to load the converted data into Live/Production environment, by conversion option. Where conversions are quoted as estimated, we will bill you the actual services delivered on a time and materials basis.

2.4Requested Modifications to the Tyler Software: Requested modifications to the Tyler Software are invoiced 50% upon delivery of specifications and 50% upon delivery of the applicable modification. You must report any failure of the modification to conform to the specifications within thirty (30) days of delivery; otherwise, the modification will be deemed to be in compliance with the specifications after the 30-day window has passed. You may still report Defects to us as set forth in the Maintenance and Support Agreement.

2.5Other Fixed Price Services: Except as otherwise provided, other fixed price services are 334 of 662
Exhibit B
2 invoiced as delivered, at the rates set forth in the Investment Summary. For the avoidance of doubt, where “Project Planning Services” are provided, payment will be due upon delivery of the Implementation Planning document.

3. Third Party Products.

3.1Third Party Software License Fees: License fees for Third Party Software, if any, are invoiced when we make it available to you for downloading.

3.2Third Party Software Maintenance: The first year maintenance fees for the Third Party Software, if any, is invoiced when we make that Third Party Software available to you for downloading.

3.3Third Party Hardware: Third Party Hardware costs, if any, are invoiced upon delivery.

3.4Third Party Services: Fees for Third Party Services, if any, are invoiced as delivered, along with applicable expenses, at the rates set forth in the Investment Summary.

4. Expenses. The service rates in the Investment Summary do not include travel expenses.

Expenses for Tyler delivered services will be billed as incurred and only in accordance with our then-current Business Travel Policy, plus a 10% travel agency processing fee. Our current Business Travel Policy is attached to this Exhibit B at Schedule 1. Copies of receipts will be provided upon request; we reserve the right to charge you an administrative fee depending on the extent of your requests. Receipts for miscellaneous items less than twenty-five dollars and mileage logs are not available.

Payment. Payment for undisputed invoices is due within forty-five (45) days of the invoice date. We prefer to receive payments electronically. Our electronic payment information is:

Bank: Wells Fargo Bank, N.A.
420 Montgomery
San Francisco, CA 94104
ABA: 121000248
Account: 4124302472
Beneficiary: Tyler Technologies, Inc. – Operating
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Exhibit B
Schedule 1
1 Exhibit B
Schedule 1
Business Travel Policy

1. Air Travel

A. Reservations & Tickets

The Travel Management Company (TMC) used by Tyler will provide an employee with a direct flight within two hours before or after the requested departure time, assuming that flight does not add more than three hours to the employee’s total trip duration and the fare is within $100 (each way) of the lowest logical fare. If a net savings of $200 or more (each way) is possible through a connecting flight that is within two hours before or after the requested departure time and that does not add more than three hours to the employee’s total trip duration, the connecting flight should be accepted.

Employees are encouraged to make advanced reservations to take full advantage of discount opportunities. Employees should use all reasonable efforts to make travel arrangements at least two (2) weeks in advance of commitments. A seven (7) day advance booking requirement is mandatory. When booking less than seven (7) days in advance, management approval will be required.

Except in the case of international travel where a segment of continuous air travel is six (6) or more consecutive hours in length, only economy or coach class seating is reimbursable. Employees shall not be reimbursed for “Basic Economy Fares” because these fares are non-refundable and have many restrictions that outweigh the cost-savings.

B. Baggage Fees

Reimbursement of personal baggage charges are based on trip duration as follows:

•Up to five (5) days = one (1) checked bag
•Six (6) or more days = two (2) checked bags

Baggage fees for sports equipment are not reimbursable.

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Exhibit B
Schedule 1
2 2. Ground Transportation

A. Private Automobile

Mileage Allowance – Business use of an employee’s private automobile will be reimbursed at the current IRS allowable rate, plus out of pocket costs for tolls and parking. Mileage will be calculated by using the employee's office as the starting and ending point, in compliance with IRS regulations.

Employees who have been designated a home office should calculate miles from their home.

B. Rental Car
Employees are authorized to rent cars only in conjunction with air travel when cost, convenience, and the specific situation reasonably require their use. When renting a car for Tyler business, employees should select a “mid-size” or “intermediate” car. “Full” size cars may be rented when three or more employees are traveling together. Tyler carries leased vehicle coverage for business car rentals; except for employees traveling to Alaska and internationally (excluding Canada), additional insurance on the rental agreement should be declined.

C. Public Transportation

Taxi or airport limousine services may be considered when traveling in and around cities or to and from airports when less expensive means of transportation are unavailable or impractical. The actual fare plus a reasonable tip (15-18%) are reimbursable. In the case of a free hotel shuttle to the airport, tips are included in the per diem rates and will not be reimbursed separately.

D. Parking & Tolls

When parking at the airport, employees must use longer term parking areas that are measured in days as opposed to hours. Park and fly options located near some airports may also be used. For extended trips that would result in excessive parking charges, public transportation to/from the airport should be considered. Tolls will be reimbursed when receipts are presented.

3. Lodging

Tyler’s TMC will select hotel chains that are well established, reasonable in price, and conveniently located in relation to the traveler's work assignment. Typical hotel chains include Courtyard, Fairfield Inn, Hampton Inn, and Holiday Inn Express. If the employee has a discount rate with a local hotel, the hotel reservation should note that discount and the employee should confirm the lower rate with the hotel upon arrival. Employee memberships in travel clubs such as AAA should be noted in their travel profiles so that the employee can take advantage of any lower club rates.

“No shows” or cancellation fees are not reimbursable if the employee does not comply with the hotel’s cancellation policy.

Tips for maids and other hotel staff are included in the per diem rate and are not reimbursed separately.
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Exhibit B
Schedule 1
3 Employees are not authorized to reserve non-traditional short-term lodging, such as Airbnb, VRBO, and HomeAway. Employees who elect to make such reservations shall not be reimbursed.

4. Meals and Incidental Expenses

Employee meals and incidental expenses while on travel status within the continental U.S. are in accordance with the federal per diem rates published by the General Services Administration.

Incidental expenses include tips to maids, hotel staff, and shuttle drivers and other minor travel expenses. Per diem rates are available at www.gsa.gov/perdiem.

Per diem for Alaska, Hawaii, U.S. protectorates and international destinations are provided separately by the Department of State and will be determined as required.

A. Overnight Travel
For each full day of travel, all three meals are reimbursable. Per diems on the first and last day of a trip are governed as set forth below.

Departure Day

Depart before 12:00 noon Lunch and dinner
Depart after 12:00 noon

Return Day

Dinner
Return before 12:00 noon Breakfast
Return between 12:00 noon & 7:00 p.m. Breakfast and lunch Return after 7:00 p.m.* Breakfast, lunch and dinner

*7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.

The reimbursement rates for individual meals are calculated as a percentage of the full day per diem as follows:

Breakfast 15%
Lunch 25%
Dinner 60%

B. Same Day Travel

Employees traveling at least 100 miles to a site and returning in the same day are eligible to claim lunch on an expense report. Employees on same day travel status are eligible to claim dinner in the event they return home after 7:00 p.m.*

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Exhibit B
Schedule 1
4 *7:00 p.m. is defined as direct travel time and does not include time taken to stop for dinner.

5. Internet Access – Hotels and Airports

Employees who travel may need to access their e-mail at night. Many hotels provide free high speed internet access and Tyler employees are encouraged to use such hotels whenever possible. If an employee’s hotel charges for internet access it is reimbursable up to $10.00 per day. Charges for internet access at airports are not reimbursable.

6. International Travel
All international flights with the exception of flights between the U.S. and Canada should be reserved through TMC using the “lowest practical coach fare” with the exception of flights that are six (6) or more consecutive hours in length. In such event, the next available seating class above coach shall be reimbursed.

When required to travel internationally for business, employees shall be reimbursed for photo fees, application fees, and execution fees when obtaining a new passport book, but fees related to passport renewals are not reimbursable. Visa application and legal fees, entry taxes and departure taxes are reimbursable.

The cost of vaccinations that are either required for travel to specific countries or suggested by the U.S. Department of Health & Human Services for travel to specific countries, is reimbursable.

Section 4, Meals & Incidental Expenses, and Section 2.b., Rental Car, shall apply to this section. 339 of 662
Exhibit C
1 Exhibit C
Maintenance and Support Agreement
We will provide you with the following maintenance and support services for the Tyler Software.

Capitalized terms not otherwise defined will have the meaning assigned to such terms in the Agreement.

1. Term. We provide maintenance and support services on an annual basis. The initial term commences on January 1, 2022, and remains in effect for one (1) year. The term will renew automatically for additional one (1) year terms unless terminated in writing by either party at least thirty (30) days prior to the end of the then-current term.

2. Maintenance and Support Fees. Your year 1 maintenance and support fees for the Tyler Software are listed in the Investment Summary, and your payment obligations are set forth in the Invoicing and Payment Policy. We reserve the right to suspend maintenance and support services if you fail to pay undisputed maintenance and support fees within thirty (30) days of our written notice. We will reinstate maintenance and support services only if you pay all past due maintenance and support fees, including all fees for the periods during which services were suspended.

3. Maintenance and Support Services. As long as you are not using the Help Desk as a substitute for our training services on the Tyler Software, and you timely pay your maintenance and support fees, we will, consistent with our then-current Support Call Process:

3.1 perform our maintenance and support obligations in a professional, good, and workmanlike manner, consistent with industry standards, to resolve Defects in the Tyler Software (limited to the then-current version and the immediately prior version); provided, however, that if you modify the Tyler Software without our consent, our obligation to provide maintenance and support services on and warrant the Tyler Software will be void;

3.2 provide telephone support during our established support hours;

3.3 maintain personnel that are sufficiently trained to be familiar with the Tyler Software and Third Party Software, if any, in order to provide maintenance and support services;

3.4 provide you with a copy of all major and minor releases to the Tyler Software (including updates and enhancements) that we make generally available without additional charge to customers who have a maintenance and support agreement in effect; and

3.5 provide non-Defect resolution support of prior releases of the Tyler Software in accordance with our then-current release life cycle policy.

4. Client Responsibilities. We will use all reasonable efforts to perform any maintenance and support 340 of 662
Exhibit C
2 services remotely. Currently, we use a third-party secure unattended connectivity tool called Bomgar, as well as GotoAssist by Citrix. Therefore, you agree to maintain a high-speed internet connection capable of connecting us to your PCs and server(s). You agree to provide us with a login account and local administrative privileges as we may reasonably require to perform remote services. We will, at our option, use the secure connection to assist with proper diagnosis and resolution, subject to any reasonably applicable security protocols. If we cannot resolve a support issue remotely, we may be required to provide onsite services. In such event, we will be responsible for our travel expenses, unless it is determined that the reason onsite support was required was a reason outside our control. Either way, you agree to provide us with full and free access to the Tyler Software, working space, adequate facilities within a reasonable distance from the equipment, and use of machines, attachments, features, or other equipment reasonably necessary for us to provide the maintenance and support services, all at no charge to us. We strongly recommend that you also maintain a VPN for backup connectivity purposes.

5. Hardware and Other Systems. If you are a self-hosted customer and, in the process of diagnosing a software support issue, it is discovered that one of your peripheral systems or other software is the cause of the issue, we will notify you so that you may contact the support agency for that peripheral system. We cannot support or maintain Third Party Products except as expressly set forth in the Agreement.

In order for us to provide the highest level of software support, you bear the following responsibility related to hardware and software:
(a) All infrastructure executing Tyler Software shall be managed by you; (b) You will maintain support contracts for all non-Tyler software associated with Tyler Software (including operating systems and database management systems, but excluding Third-Party Software, if any); and
(c) You will perform daily database backups and verify that those backups are successful.

6. Other Excluded Services. Maintenance and support fees do not include fees for the following services: (a) initial installation or implementation of the Tyler Software; (b) onsite maintenance and support (unless Tyler cannot remotely correct a Defect in the Tyler Software, as set forth above); (c) application design; (d) other consulting services; (e) maintenance and support of an operating system or hardware, unless you are a hosted customer; (f) support outside our normal business hours as listed in our then-current Support Call Process; or (g) installation, training services, or third party product costs related to a new release. Requested maintenance and support services such as those outlined in this section will be billed to you on a time and materials basis at our then current rates. You must request those services with at least one (1) weeks’ advance notice.

7. Current Support Call Process. Our current Support Call Process for the Tyler Software is attached to this Exhibit C at Schedule 1.
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Exhibit C
Schedule 1
1 Exhibit C
Schedule 1
Support Call Process
Support Channels
Tyler Technologies, Inc. provides the following channels of software support:
(1) Tyler Community – an on-line resource, Tyler Community provides a venue for all Tyler clients with current maintenance agreements to collaborate with one another, share best practices and resources, and access documentation.
(2) On-line submission (portal) – for less urgent and functionality-based questions, users may create unlimited support incidents through the customer relationship management portal available at the Tyler Technologies website.
(3) Email – for less urgent situations, users may submit unlimited emails directly to the software support group.
(4) Telephone – for urgent or complex questions, users receive toll-free, unlimited telephone software support.

Support Resources
A number of additional resources are available to provide a comprehensive and complete support experience:
(1) Tyler Website – www.tylertech.com – for accessing client tools and other information including support contact information.
(2) Tyler Community – available through login, Tyler Community provides a venue for clients to support one another and share best practices and resources. (3) Knowledgebase – A fully searchable depository of thousands of documents related to procedures, best practices, release information, and job aides. (4) Program Updates – where development activity is made available for client consumption Support Availability
Tyler Technologies support is available during the local business hours of 8 AM to 5 PM (Monday – Friday) across four US time zones (Pacific, Mountain, Central and Eastern). Clients may receive coverage across these time zones. Tyler’s holiday schedule is outlined below. There will be no support coverage on these days.

New Year’s Day Thanksgiving Day
Memorial Day Day after Thanksgiving
Independence Day Christmas Day
Labor Day
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Exhibit C
Schedule 1
2 Issue Handling
Incident Tracking
Every support incident is logged into Tyler’s Customer Relationship Management System and given a unique incident number. This system tracks the history of each incident. The incident tracking number is used to track and reference open issues when clients contact support. Clients may track incidents, using the incident number, through the portal at Tyler’s website or by calling software support directly.

Incident Priority
Each incident is assigned a priority number, which corresponds to the client’s needs and deadlines. The client is responsible for reasonably setting the priority of the incident per the chart below. This chart is not intended to address every type of support incident, and certain “characteristics” may or may not apply depending on whether the Tyler software has been deployed on customer infrastructure or the Tyler cloud. The goal is to help guide the client towards clearly understanding and communicating the importance of the issue and to describe generally expected responses and resolutions.

Priority
Level Characteristics of Support Incident Resolution Targets 1 Critical
Support incident that causes (a)
complete application failure or
application unavailability; (b)
application failure or unavailability in
one or more of the client’s remote
location; or (c) systemic loss of multiple
essential system functions.

Tyler shall provide an initial response to Priority Level 1 incidents within one (1) business hour of receipt of
the support incident. Tyler shall use commercially
reasonable efforts to resolve such support incidents
or provide a circumvention procedure within one (1)
business day. For non-hosted customers, Tyler’s
responsibility for lost or corrupted data is limited to assisting the client in restoring its last available
database.
2 High
Support incident that causes (a)
repeated, consistent failure of essential
functionality affecting more than one
user or (b) loss or corruption of data.

Tyler shall provide an initial response to Priority Level 2 incidents within four (4) business hours of receipt of the support incident. Tyler shall use commercially
reasonable efforts to resolve such support
incidents or provide a circumvention procedure
within ten (10) business days. For non-hosted
customers, Tyler’s responsibility for loss or corrupted data is limited to assisting the client in restoring its last available database.
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Exhibit C
Schedule 1
3 Priority
Level Characteristics of Support Incident Resolution Targets 3 Medium
Priority Level 1 incident with an existing
circumvention procedure, or a Priority
Level 2 incident that affects only one
user or for which there is an existing
circumvention procedure.

Tyler shall provide an initial response to Priority Level 3 incidents within one (1) business day of receipt of
the support incident. Tyler shall use commercially
reasonable efforts to resolve such support incidents
without the need for a circumvention procedure with
the next published maintenance update or service
pack. For non-hosted customers, Tyler’s
responsibility for lost or corrupted data is limited to assisting the client in restoring its last available
database.
4 Non-
critical
Support incident that causes failure of
non-essential functionality or a
cosmetic or other issue that does not
qualify as any other Priority Level.

Tyler shall provide an initial response to Priority Level 4 incidents within two (2) business days. Tyler shall
use commercially reasonable efforts to resolve such
support incidents, as well as cosmetic issues, with a
future version release.

Incident Escalation
Tyler Technology’s software support consists of four levels of personnel:
(1) Level 1: front-line representatives
(2) Level 2: more senior in their support role, they assist front-line representatives and take on escalated issues
(3) Level 3: assist in incident escalations and specialized client issues (4) Level 4: responsible for the management of support teams for either a single product or a product group
If a client feels they are not receiving the service needed, they may contact the appropriate Software Support Manager. After receiving the incident tracking number, the manager will follow up on the open issue and determine the necessary action to meet the client’s needs.

On occasion, the priority or immediacy of a software support incident may change after initiation. Tyler encourages clients to communicate the level of urgency or priority of software support issues so that we can respond appropriately. A software support incident can be escalated by any of the following methods:
(1) Telephone – for immediate response, call toll-free to either escalate an incident’s priority or to escalate an issue through management channels as described above. (2) Email – clients can send an email to software support in order to escalate the priority of an issue (3) On-line Support Incident Portal – clients can also escalate the priority of an issue by logging into the client incident portal and referencing the appropriate incident tracking number.

Remote Support Tool
Some support calls require further analysis of the client’s database, process or setup to diagnose a problem or to assist with a question. Tyler will, at its discretion, use an industry-standard remote support tool. Support is able to quickly connect to the client’s desktop and view the site’s setup, diagnose problems, or assist with screen navigation. More information about the remote support tool Tyler uses is available upon request.
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CITY OF SAN MATEO
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3 4

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR File ID: 21-5537 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: March 21, 2022
SUBJECT:

State Route 92/El Camino Real Interchange Landscape Improvements Project – Funding Agreement RECOMMENDATION:

Adopt a Resolution and approve a funding agreement between the City and the San Mateo County Transportation Authority for the State Route 92/El Camino Real Interchange Landscape Improvements Project.

BACKGROUND:

On October 20, 2014, the City and San Mateo County Transportation Authority (SMCTA) entered into a funding agreement for the State Route (SR) 92/El Camino Real (SR 82) Ramp Modification Project (Project). The roadway and ramp modification portions of the Project were completed during December 2018. The Project originally included installation of landscaping within the project limits as part of the environmental commitment of the SR 92/SR 82 Interchange Improvement Project Initial Study with Negative Declaration, dated May 2014, under the California Environmental Quality Act (CEQA). However, the landscaping portion of the work was postponed in 2016 due to the California drought.

Staff is in the final stages of design and plans to return to Council for award of the construction contract by fall 2022.

Completion of the construction of the Project is anticipated by summer of 2023. Accordingly, City staff requested that SMCTA reprogram remaining funding for the Project to complete construction of the landscaping portion of the Project.

On August 5, 2021, SMCTA’s Board of Directors approved reprograming and allocating $1.35 million of Measure A funds for the SR 92/SR 82 Landscaping Project. The SMCTA funding requires an executed agreement between the City and SMCTA be approved by City Council.

Staff recommends approval of the agreement to secure the necessary funding to complete the design and transition to the construction when appropriate.

BUDGET IMPACT:

The design services and City staff costs are funded by Traffic Impact Fees. Per the funding agreement, SMCTA has allocated $1.35 million of Measure A funds to the construction of the SR92/SR 82 Landscape Improvements Project.

The City will fund the amount in excess of the SMCTA’s contribution needed to complete the Project with Traffic Impact Fees.

ENVIRONMENTAL DETERMINATION:

This action of approving the funding agreement is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
The landscape restoration received environmental clearance when the project level initial study and negative declaration 345 of 662

CITY OF SAN MATEO
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for the highway improvements project was approved in May 2014. Environmental clearance for the landscape work has been re-validated by Caltrans on September 2, 2021.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Funding Agreement

STAFF CONTACT
Jana Cadiz, Assistant Engineer
[email protected]
650-522-7575
Tina Pham, Senior Engineer
[email protected]
(650) 522-7305
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

APPROVING THE FUNDING AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND SAN MATEO COUNTY TRANSPORTATION AUTHORTY FOR THE STATE ROUTE 92/EL CAMINO REAL LANDSCAPING IMPROVEMENTS PROJECT WHEREAS, on October 10, 2014, the City of San Mateo (City) and San Mateo County Transportation Authority (SMCTA) entered into the Funding Agreement for the SR92/El Camino Real Ramp Modification Project (Project), which has reached the end of its term;
WHEREAS, the roadway portion of the Project was completed in December 2018 since the landscaping portion was postponed due to the California drought situation; WHEREAS, the City has requested SMCTA to reprogram and allocate savings from the roadway portion to the landscaping phase in order to complete the Project; and WHEREAS, on August 5, 2021, SMCTA approved $1.35 million to be programmed and allocated to the State Route 92/El Camino Landscaping Improvements Project.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that:

1. The approval of the funding agreement is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

2. The City Council authorizes the City Manager to execute the funding agreement between the City and SMCTA for the State Route 92/El Camino Landscaping Improvements Project. 347 of 662
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FUNDING AGREEMENT

BETWEEN THE SAN MATEO COUNTY TRANSPORTATION AUTHORITY AND

THE CITY OF SAN MATEO
FOR THE LANDSCAPING PHASE OF THE STATE ROUTE (SR) 92/EL CAMINO

REAL INTERCHANGE PROJECT
This Funding Agreement (Agreement) is made this ___ day of ________, 2022 (Execution Date) by and between the San Mateo County Transportation Authority (TA) and the City of San Mateo (Sponsor), referred to herein individually as “Party” and jointly as “Parties.”

RECITALS
WHEREAS, on June 7, 1988, the voters of San Mateo County approved a ballot measure to allow the collection and distribution by the San Mateo County Transportation Authority (TA) of a half-cent transactions and use tax in San Mateo County for 20 years with the tax revenues to be used for highway and transit improvements pursuant to the Transportation Expenditure Plan presented to the voters (Original Measure A); and
WHEREAS, on November 2, 2004, the voters of San Mateo County approved the continuation of the collection and distribution by the TA of the Measure A half cent transaction and use tax for an additional 25 years to implement the 2004 Transportation Expenditure Plan, beginning January 1, 2009 (New Measure A); and
WHEREAS, through Resolution 2012-17, the TA Board of Directors (Board) programmed and allocated $2.2 million towards the environmental and design phases of the State Route 92/El Camino Real Interchange Project (Project); and WHEREAS, through Resolution 2015-19, the Board programmed and allocated $16.2 million towards the construction phase of the Project; and WHEREAS, when the environmental, design and construction phases of the Project were completed in December 2018, $1.35 million in Project funds previously allocated by the TA remained unspent; and
WHEREAS, the Sponsor is currently preparing for the landscaping phase of the Project and has requested that the TA reprogram and reallocate the TA’s $1.35 million share of the Project savings for the landscaping construction portion of the Project (Scope of Work); and WHEREAS, on August 5, 2021, through Resolution 2021-20, the TA’s Board of Directors reprogramed and reallocated $1.35 million of Measure A funds previously programmed and allocated for the environmental, design and construction phases of the Project to the Scope of Work (Measure A Funds); and
WHEREAS, the Sponsor has committed to fund any additional expenditures required to complete the Project; and
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WHEREAS, the Parties desire to enter into this Agreement to establish the process, terms and conditions governing the allocation and expenditure of Measure A Funds on the Scope of Work.

NOW THEREFORE, the Parties agree as follows:

SECTION 1: Scope of Work Oversight and Reporting

1.0 Sponsor Oversight; Work Plan. Sponsor is responsible for the completion of Scope of Work as described in Exhibit A-1, “Scope of Work Information”, which is attached to the Agreement and incorporated herein by this reference. Sponsor is responsible for procuring and administering any professional service and/or other contracts entered into in connection with the Scope of Work; Sponsor will oversee completion of the Scope of Work. Sponsor may appoint a designee or engage contractor(s) to perform work necessary for Scope of Work completion, but Sponsor remains responsible to the TA for the completion of the Scope of Work.

1.1 Required Approvals. Prior to commencement of the Scope of Work, Sponsor or its designee (e.g., a consultant) will obtain all applicable local, state and federal approvals and permits for the Scope of Work. In addition, Sponsor must comply with all applicable federal, state and local laws and regulations applicable to the Project. All real property appraisals must comply with Uniform Standards of Professional Appraisal Practice (USPAP). Any right-of-way activities involving property on the Caltrans right-of-way must be conducted in accordance with the current version of the Caltrans Right-of Way manual.

1.2 Contract Award and Change Orders. Sponsor must comply with state and local agency requirements for the award of any contract(s) for the performance of the Scope of Work and any change orders. As the Scope of Work proceeds, Sponsor must advise the TA of any contracts awarded and change orders as part of the regular progress reporting requirements (Section 1.4). Notice of any contracts and change orders provided to the TA will not constitute approval by the TA of the contracts and change orders nor obligate the TA to provide funds in excess of its maximum contribution stated in Section 2.1 of this Agreement.

1.3 Progress Reports. Sponsor will prepare and submit to the TA quarterly progress reports during the entire term of the Scope of Work and covering all Scope of Work activities for work completed during the previous quarter using the template in Exhibit B. The reports must describe:
a. The current status of, and any changes in, scope, schedule, budget, and funding plans of the Scope of Work and the Project;
b. Any risk factors;
c. The work performed during the previous quarter and projected for the next three months;
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d. Scope of Work Costs (as defined in Section 2.1, below) projected to be expended during the next three months; and
e. Any other information requested by the TA.

1.4 Final Report. Within ninety (90) days of Sponsor’s final acceptance of the Scope of Work and all incidental work, Sponsor must prepare and submit to the TA a final report detailing the following and all other relevant information:
a. A description of the Project, including a statement detailing the overall progress and success of the Scope of Work and the Project, a compilation of any data collected during the active Phase(s) of the Project, and changes/additions to the scope of the Project.
b. Total costs for the Scope of Work, including an accounting of all Measure A Funds expended in connection with the Scope of Work, and reflecting any unexpended Measure A Funds.
c. An explanation and the status of any outstanding obligations or potential obligations related to the Scope of Work.
d. A discussion of any pertinent issues or problems that arose during the implementation of the Scope of Work.
e. Any copies of press articles, press releases, newsletter articles and any other publicity materials regarding the Project.
f. A Project Close-out form confirming that no further reimbursements associated with the Scope of Work are anticipated and that all draw-down requests have been made.
g. Photographs for all construction projects that satisfactorily demonstrate:
i. site conditions before the project was implemented;
ii. work in progress; and
iii. completed improvements.

1.5 Access to Records and Record Retention. At all reasonable times, Sponsor will permit the TA access to all reports, designs, drawings, plans, specifications, schedules and other materials prepared, or in the process of being prepared, for the Scope of Work by the Sponsor or any contractor or consultant of Sponsor. Sponsor will also make available to the TA upon request any professional service agreements, change orders and any other agreements that are related to the Scope of Work. Sponsor will provide copies of any documents described in this Section to the TA on request. Sponsor will retain all records pertaining to the Scope of Work for at least three years after completion of the Project.

1.6 Audits
a. The TA, or its authorized agents, may at any reasonable time during business hours, conduct an audit of Sponsor’s performance under this Agreement. Sponsor will permit the TA, or its authorized agents, to examine, inspect, make excerpts from, transcribe or photocopy books, documents, papers and other records of Sponsor which the TA reasonably determines to be relevant to this Agreement. b. Sponsor will transmit to the TA the Independent Auditor’s Report prepared for Sponsor’s Comprehensive Annual Financial Report within thirty (30) days of 350 of 662
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receipt by Sponsor and highlight the section that pertains to the Measure A funding.

SECTION 2: Funding and Payment

2.1 Funding Commitment
a. The TA allocates to Sponsor up to $1.35 million (pursuant to TA Resolution No. 2021-20), for reimbursement of expenditures related to the Scope of Work (Scope of Work Costs) as provided in this Section 2. Sponsor will contribute, or provide for the contribution of, the entire amount in excess of $1.35 million needed to complete the Scope of Work. Sponsor must provide at least 32% of the Scope of Work Costs. The TA's funding commitment under this Agreement in no way establishes a right for Sponsor to receive additional funding from the TA. All funding obligations of the TA under this Agreement are subject to downward adjustment based on actual sales tax receipts for the fiscal years indicated. b. Sponsor will assess and confirm its ability to complete the Scope of Work within budget as part of the quarterly reporting requirements established in Section 1.4, above. Sponsor must further notify the TA between reporting cycles if Sponsor determines that the budget will not be sufficient to complete the Scope of Work.

The TA reserves the right to suspend its funding obligation as set forth in Section

3.4 of this Agreement upon such notice, and until Sponsor develops a credible funding plan acceptable to the TA to fund and complete the Scope of Work.

2.2 Use of Funds
a. Measure A Funds shall be used only for direct eligible costs to complete the Scope of Work. The Sponsor is responsible for demonstrating to the TA that the expenses incurred were necessary to deliver the Scope of Work. Reimbursement for the following costs will require detailed documentation in accordance with generally accepted accounting principles:
i. Scope of Work phases or components such as stakeholder/public outreach; development of planning studies, project initiation documents (PID), project study reports (PSR), environmental clearance, project approval and environmental document (PA&ED), project design, and plans specifications and estimates (PS&E); regulatory agency review; acquisition of right-of-way; construction, and construction management; ii. Costs directly tied to the implementation of the Scope of Work as more specifically defined in Exhibit C, “Definitions of Eligible Costs for Reimbursement,” which is attached to this agreement and incorporated herein by this reference;
iii. Sponsor staff time for Scope of Work implementation, limited to documented direct hourly labor charges (salaries, wages, and benefits); and
iv. Project administration costs, which are limited to 5% of the Measure A Funds committed to the Scope of Work under this Agreement. Such costs are further limited to costs associated with accounting, progress/ status 351 of 662
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monitoring and reporting as required under this Agreement; and invoicing for Measure A Highway funds for the Scope of Work under this Agreement.
b. The following costs are not eligible for Measure A Highway Funds reimbursement:
i. Sponsor’s costs which are unrelated to the Scope of Work; ii. Costs for entering into this Agreement;
iii. Maintenance, rehabilitation, routine operations of the Project or other facilities or programs; and
iv. Development of proposals, applications, or agreements for Measure A or other funding programs.
c. Eligible costs are defined in greater detail in Exhibit C, “Definitions of Eligible Costs for Reimbursement.” If Sponsor wishes to undertake items of work not covered under the Scope of Work concurrent with performing the Scope of Work, the cost for including and undertaking the additional work shall be segregated, and the costs borne exclusively by the Sponsor from a non-Measure A Highway Program funding source(s). In the event that an activity is not listed in Exhibit C, but Sponsor believes that it is an eligible cost, Sponsor may request that the TA consider reimbursing the Sponsor for the activity. The TA will have sole discretion to grant or deny Sponsor's requests.
d. Sponsor agrees that it shall use funds provided pursuant to this Agreement to supplement existing revenue. Sponsor will not use Measure A Funds to replace other local taxes or revenues already programmed and available for use for the same purpose. Sponsor will use funds provided pursuant to this Agreement only for the Scope of Work.

If the TA determines that Sponsor has Measure A Funds other than for the approved Scope of Work, the TA will notify Sponsor of its determination. Within thirty (30) days of notification of the TA’s determination Sponsor will either (a) repay such funds to the TA, or (b) explain in writing how the funds in question were spent for the approved Scope of Work. The TA will respond within thirty (30) days of receipt. Unless otherwise stated in the response, the TA's response will be final, and Sponsor will repay any funds used other than for the approved scope of work within thirty (30) days.

2.3 Reimbursement Basis. Sponsor may seek pro rata reimbursement for Scope of Work Costs incurred on or after the Execution Date. Scope of Work Costs must be incurred and paid by Sponsor prior to requesting pro rata reimbursement from the TA. Sufficient documentation must accompany all requests for pro rata reimbursement, including the submittal of all due quarterly progress reports.

2.4 Accounting and Request for Reimbursement Procedures. Sponsor, in coordination with and to the satisfaction of the TA, will establish procedures for Scope of Work accounting and requests for reimbursement. These procedures will track and reflect the accumulation of the TA’s pro rata share of Scope of Work Costs. Sponsor will detail the TA’s pro rata share of Scope of Work costs for all work funded under this Agreement 352 of 662
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with each “Reimbursement Claim Form,” which is attached to this Agreement as Exhibit D and incorporated herein. Sponsor will maintain all necessary books and records in accordance with generally accepted accounting principles.

2.5 Invoices; Payments
a. Sponsor must prepare and submit billing statements consistent with the Reimbursement Claim Form with all required supporting documentation.

Supporting documentation may include, but is not limited to, copies of vendor invoices, timesheets, backup documentation, checks, and payment advice, and must include an accounting of the TA’s share of costs for the Scope of Work as contemplated by this Agreement.
b. For any property acquisitions for which Sponsor seeks reimbursement from the TA, Sponsor must provide the following supporting documentation for each property:
i. Copies of the final real estate appraisal and any appraisal review conducted on behalf of Sponsor;
ii. For any right-of-way activities involving property on the Caltrans right-of- way, written confirmation that the acquisition process was conducted in accordance with the then-current version of the Caltrans Right-of-Way manual;
iii. A Phase One Environmental Assessment and any recommended additional testing (unless waived by the TA);
iv. Copy of the offer package provided to the property owner(s); v. Copy of the Notice of Exemption or other required document for environmental clearance under CEQA/NEPA for the purchase of the property, and evidence of the date of filing such Notice; and vi. Written justification acceptable to the TA of any settlement at an amount higher than the offer.
c. For each voluntary real property transaction, Sponsor must also provide:
i. Copy of the fully executed purchase and sale agreement; ii. Copy of an executed and recorded deed [in a form consistent with the requirements set forth in the then-current Caltrans Right-of-Way manual]; iii. Copy of the Policy of Title insurance; and
iv. Copy of the final closing statement from the escrow. d. For each real property acquisition undertaken through condemnation, Sponsor must also provide:
e. Copy of the recorded Final Order of Condemnation; and f. Copy of the litigation guarantee issued by a title insurer. g. Sponsor must detail the tasks performed, associated costs and the TA’s pro rata share of Scope of Work Costs with each Reimbursement Claim Form. h. The TA will endeavor to disburse reimbursements for approved Scope of Work Costs within thirty (30) days after the TA’s approval of each claim, subject to the limits on the TA’s maximum contribution as established in Section 2.1. The TA’s obligation to reimburse Scope of Work Costs to Sponsor as provided in this Section is conditioned upon the TA’s prompt receipt of quarterly progress reports from Sponsor pursuant to section 1.4 above.
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i. Invoices may be submitted, no more frequently than once a month, by mail to:

Accounts Payable
San Mateo County Transportation Authority
1250 San Carlos Avenue
San Carlos, CA 94070
Or by email to: [email protected]
SECTION 3: Term

3.1 Term. The term of this Agreement will commence on Execution Date and conclude upon the earliest of: (a) termination by Sponsor pursuant to this Section 3, (b) termination by the TA pursuant to this Section 3, or (c) December 30, 2027.

3.2 Sponsor’s Right to Terminate; Repayment upon Termination. Sponsor may at any time terminate the Scope of Work by giving ten (10) days; written notice to the TA of its election to do so. Upon such termination, Sponsor will not be reimbursed for any further Scope of Work Costs and will reimburse the TA for all monies paid by the TA and costs incurred by the TA in connection with the Scope of Work as well as all reasonable costs and expenses incurred to effect such termination within ninety (90) days of the TA’s submission to Sponsor of a detailed statement of such payments and costs.

3.3 Termination by the TA. The TA may terminate this Agreement, with or without cause, by giving ten (10) days' written notice of such termination. If the TA terminates the Agreement for Sponsor’s default, Sponsor will reimburse the TA for all funds paid to Sponsor in connection with the Scope of Work, and for all costs incurred by the TA in connection with the Scope of Work as well as all reasonable costs and expenses incurred to effect such termination, within ninety (90) days of the TA’s submission to Sponsor of a detailed statement of such payments and costs. If the TA terminates the Agreement for convenience, the TA is obligated to pay to Sponsor all costs and expenses incurred by Sponsor up to the date of notice of termination, as well as all reasonable costs and expenses incurred to effect such termination.

3.4 Expiration/Suspension of TA’s Financial Obligations. Any and all financial obligations of the TA pursuant to this Agreement expire upon the expenditure of TA’s maximum contribution to the Scope of Work as established in Section 2.1 above or the conclusion of the Term as defined in Section 3.1, whichever occurs first. The TA reserves the right to suspend its financial obligation, with ten (10) days' advanced notice, if Sponsor identifies a risk of not being able to complete the Scope of Work within budget. If Sponsor cannot provide a credible funding plan acceptable to the TA to fund and complete Scope of Work, the TA may terminate this agreement. If Sponsor identifies a risk of not being able to complete the Scope of Work within budget, failure to report such risk to the TA constitutes default and is cause for termination under Section 3.3.

3.5 Time of Performance. The Scope of Work must be completed no later than December 30, 2027.
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3.6 Time Extension. If the Scope of Work cannot be completed within the Time of Performance as defined in Section 3.5, Sponsor must submit a request in writing to the TA no later than six (6) months before the Time of Performance for an extension for the Time of Performance. The TA will review the request, and grant the extension if it is justified in TA’s sole and complete discretion. Costs incurred for the Scope of Work after the Time of Performance are at risk of denial for reimbursement by the TA. The unreimbursed portion of the Measure A allocation will be retained by the TA for the Measure A Highway Program.

SECTION 4: Indemnification and Insurance

4.1 Indemnity by Sponsor
a. Sponsor shall indemnify, keep and save harmless the TA and its directors, officers, agents and employees against any and all suits, claims or actions related to the performance of the Scope of Work or the Project including, but not limited to, those arising out of any of the following:
i. Any injury to persons or property that may occur, or that may be alleged to have occurred, arising from the performance of the Project or implementation of this Agreement; or
ii. Any allegation that materials or services developed, provided or used for the Project infringe or violate any copyright, trademark, patent trade secret, or any other intellectual-property or proprietary right of any third party.
b. Sponsor further agrees to defend any and all such actions, suits or claims and pay all charges of attorneys and all other costs and expenses of defenses as they are incurred. If any judgment is rendered, or settlement reached, against the TA or any of the individuals enumerated above in any such action, Sponsor shall, at its expense, satisfy and discharge the same.
c. This indemnification shall survive termination or expiration of the Agreement.

4.2 Insurance. For the purposes of this Insurance section, “Entity” is defined as any entity designing, approving designs and/ or performing the Scope of Work funded by this Agreement. Entities may include Sponsor, a contractor of Sponsor, another body on behalf of which Sponsor submitted its funding application, and/ or a contractor of such other body.

All Entities will provide the appropriate insurance covering the work being performed.

The insurance requirements specified in this section will cover each Entity’s own liability and any liability arising out of work or services of Entity Subcontractors, subconsultants, suppliers, temporary workers, independent contractors, leased employees, or any other persons, firms, or corporations (hereinafter collectively referred to as “Agents”) working on the Project. If Sponsor itself is an Entity, Sponsor must also provide its own insurance meeting the requirements of this section.
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a. Minimum Types and Scope of Insurance. Each Entity is required to procure and maintain at its sole cost and expense insurance subject to the requirements set forth below. Such insurance will remain in full force and effect throughout performance of the Scope of Work. All policies will be issued by insurers acceptable to the TA (generally with a Best’s Rating of A-10 or better). Each Entity is also required to assess the risks associated with work to be performed by Agents and to require that Agents maintain adequate insurance coverages with appropriate limits and endorsements to cover such risks. To the extent that its Agent does not procure and maintain such insurance coverage, an Entity is responsible for and assumes any and all costs and expenses that may be incurred in securing said coverage or in fulfilling Entity’s indemnity obligations as to itself or any of its Agents in the absence of coverage. Entities may self-insure against the risks associated with the Scope of Work, but in such case, waive subrogation in favor of the TA respecting any and all claims that may arise. i. Workers’ Compensation and Employer’s Liability Insurance. Workers’ Compensation coverage must meet statutory limits and Employer's Liability Insurance must have minimum limits of $1,000,000. Insurance must include a waiver of subrogation in favor of the TA. ii. Commercial General Liability Insurance. The limit for Commercial General Liability Insurance in each contract and subcontract cannot be less than $1,000,000. Commercial General Liability Insurance must be primary to any other insurance, name the TA as an Additional Insured, include a Separation of Interests endorsement and include a Waiver of Subrogation in favor of the TA.
iii. Business Automobile Liability Insurance. The limit for Business Automobile Liability Insurance in each contract and subcontract cannot be less than $1,000,000. Insurance must cover all owned, non-owned and hired autos, and include a Waiver of Subrogation in favor of the TA iv. Property Insurance. Property Insurance must cover an Entity’s and/or Agent’s own equipment as well as any materials to be installed. Property Insurance must include a Waiver of Subrogation in favor of the TA v. Professional Liability Insurance. If deemed appropriate by Sponsor or an Entity in consideration of the work required for the Project, insurance should cover each Entity’s and any Agent’s professional work on the Project. The limit for Professional Liability Insurance in each appropriate contract and subcontract should not be less than $1,000,000. vi. Contractors' Pollution Liability Insurance and/ or Environmental Liability Insurance. If deemed appropriate by Sponsor or an Entity in consideration of the work required for the Project, insurance should cover potential pollution or environmental contamination or accidents. The limit for Pollution and or Environmental Liability Insurance in each appropriate contract and subcontract should not be less than $1,000,000. Such insurance must name the TA as an Additional Insured and include a Waiver of Subrogation in favor of the TA.
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vii. Railroad Protective Liability Insurance. Insurance is required if the Project will include any construction or demolition work within 50 feet of railroad tracks. The limit for Railroad Protective Liability Insurance in each appropriate contract and subcontract cannot be less than $2 million per occurrence and $6 million annual aggregate.
b. Excess or Umbrella Coverage. Sponsor and/ or any other Entity may opt to procure excess or umbrella coverage to meet the above requirements, but in such case, these policies must also satisfy all specified endorsements and stipulations for the underlying coverages and include provisions that the policy holder’s insurance is to be primary without any right of contribution from the TA. c. Deductibles and Retentions. Sponsor must ensure that deductibles or retentions on any of the above insurance policies are paid without right of contribution from the TA. Deductible and retention provisions cannot contain any restrictions as to how or by whom the deductible or retention is paid. Any deductible or retention provision limiting payment to the named insured is unacceptable.

In the event that any policy contains a deductible or self-insured retention, and in the event that the TA seeks coverage under such policy as an additional insured, Sponsor will ensure that the policy holder satisfies such deductible to the extent of loss covered by such policy for a lawsuit arising from or connected with any alleged act or omission of the Entity or Agents, even if neither the Entity nor Agents are named defendants in the lawsuit.
d. Claims Made Coverage. If any insurance specified above is provided on a claim- made basis, then in addition to coverage requirements above, such policy must provide that:
i. Policy retroactive date coincides with or precedes the Entity’s start of work (including subsequent policies purchased as renewals or replacements).
ii. Entity will make every effort to maintain similar insurance for at least three (3) years following Project completion, including the requirement of adding all additional insureds.
iii. If insurance is terminated for any reason, each Entity agrees to purchase an extended reporting provision of at least three (3) years to report claims arising from work performed in connection with this Agreement. iv. Policy allows for reporting of circumstances or incidents that might give rise to future claims.
e. Failure to Procure Adequate Insurance. Failure by any Entity to procure sufficient insurance to financially support Section 4.1, Indemnity by Sponsor, of this Agreement does not excuse Sponsor from meeting all obligations of Section

4.1 and the remainder of this Agreement, generally.
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f. Prior to beginning work under this Agreement, Sponsor must obtain, and produce upon request of the TA, satisfactory evidence of compliance with the insurance requirements of this section.

SECTION 5: Miscellaneous

5.1 Notices. All notices required or permitted to be given under this Agreement, excluding progress reports, the final report, and invoices, must be in writing and mailed postage prepaid by certified or registered mail, return receipt requested, or by personal delivery or overnight courier to the appropriate address indicated below or at such other place(s) that either Party may designate in written notice to the other. Notices are deemed received upon delivery if personally served, one (1) day after mailing if delivered via overnight courier, or two (2) days after mailing if mailed as provided above.

To TA: San Mateo County Transportation Authority
1250 San Carlos Avenue
P. O. Box 3006
San Carlos, CA 94070-1306
To Sponsor: City of San Mateo
Attn: Tina Pham, Senior Engineer
330 W. 20th Avenue
San Mateo, CA 94403

5.2 No Waiver. No waiver of any default or breach of any covenant of this Agreement by either Party will be implied from any omission by either Party to take action on account of such default if such default persists or is repeated. Express waivers are limited in scope and duration to their express provisions. Consent to one action does not imply consent to any future action.

5.3 Assignment. Parties are prohibited from assigning, transferring or otherwise substituting their interests or obligations under this Agreement without the written consent of all other Parties.

5.4 Governing Law. This Agreement is governed by the laws of the State of California as applied to contracts that are made and performed entirely in California.

5.5 Compliance with Laws. In performance of this Agreement, the Parties must comply with all applicable Federal, state and local laws, regulations and ordinances.

5.6 Modifications. This Agreement may only be modified in writing executed by both Parties.
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5.7 Attorneys’ Fees. In the event legal proceedings are instituted to enforce any provision of this Agreement, the prevailing Party in said proceedings is entitled to its costs, including reasonable attorneys’ fees.

5.8 Relationship of the Parties. It is understood that this is an Agreement by and between Independent Contractors and does not create the relationship of agent, servant employee, partnership, joint venture or association, or any other relationship other than that of Independent Contractor.

5.9 Ownership of Work. All reports, designs, drawings, plans, specifications, schedules, studies, memoranda, and other documents assembled for or prepared by or for, in the process of being assembled or prepared by or for, or furnished to Sponsor under this Agreement are the joint property of the TA and Sponsor, and will not be destroyed without the prior written consent of the TA. The TA is entitled to copies and access to these materials during the progress of the Project and upon completion or termination of the Project or this Agreement. Sponsor may retain a copy of all material produced under this Agreement for its use in its general activities. This Section does not preclude additional shared ownership of work with other entities under contract with Sponsor for funding of the Project.

5.10 Non-discrimination. Sponsor and any contractors performing services on behalf of Sponsor will not discriminate or permit discrimination against any person or group of persons on the basis of race, color, religion, national origin or ancestry, age, sex, sexual orientation, marital status, pregnancy, childbirth or related conditions, medical condition, mental or physical disability or veteran’s status, or in any manner prohibited by federal, state or local laws.

5.11 Accessibility of Services to Persons with Disabilities. The Project implementation must comply with, and not subject the TA or Sponsor to liability under, the Americans with Disabilities Act, the California Disabled Persons Act, or any other state or federal laws protecting the rights of persons with disabilities.

5.12 Warranty of Authority to Execute Agreement. Each Party to this Agreement represents and warrants that each person whose signature appears hereon is authorized and has the full authority to execute this Agreement on behalf of the entity that is a Party to this Agreement.

5.13 Severability. If any portion of this Agreement, or the application thereof is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining portions of this Agreement, or the application thereof, will remain in full force and effect.

5.14 Counterparts. This Agreement may be executed in counterparts.

5.15 Attribution to the TA. Sponsor must include attribution that indicates work was funded with Measure A Funds from the TA. This provision applies to any project, or 359 of 662
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publication, that was funded in part or in whole by Measure A Funds. Acceptable forms of attribution include TA branding on Project-related documents, construction signs, public information materials, and any other applicable documents.

5.16 Entire Agreement. This Agreement constitutes the entire agreement between the Parties pertaining to its subject matter and supersedes any prior or contemporaneous written or oral agreement between the Parties on the same subject.

IN WITNESS WHEREOF, the Parties have hereunder subscribed their names the day and year first written above.

SAN MATEO COUNTY TRANSPORTATION

AUTHORITY
By: ___________________________________
Name: Carter Mau
Its: Acting Executive Director

APPROVED AS TO FORM
By: ___________________________________
Name: ________________________________
Its: Legal Counsel for the TA

CITY OF SAN MATEO
By: ___________________________________
Name: _______________________________
Its: _______________________________

APPROVED AS TO FORM
By: ___________________________________
Name: ________________________________
Its: Legal Counsel for the City of San Mateo
Exhibit A: Scope of Work Information
Exhibit B: Progress Reporting Template
Exhibit C: Permissible Costs for Reimbursement
Exhibit D: Reimbursement Claim Form
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EXHIBIT A-1: SCOPE OF WORK INFORMATION
State Route 92/El Camino Real Interchange Project – Landscaping Phase Sponsoring Agency: City of San Mateo
Contact:Tina Pham, Senior Engineer
City of San Mateo Public Works Department
330 W 20th Avenue
San Mateo, CA 94403
(650)522-7300
[email protected]
Implementing Agency: Same as above
Contact: Same as above
Overall Project Description:

The TA contributed a total of $18.4 million for the environmental, design, and construction phases of the Project to reconfigure the SR 92/SR 82 highway interchange, which were completed during December 2018, with $1.35 million left unspent. The remainder of the Project consists of landscape restoration and improvements the interchange limits. The landscaping construction phase includes clearing and grubbing, light grading and contouring, ground cover and tree planting, irrigation improvements, and 5 years of plant establishment period (PEP). The overall Scope of Work cost is estimated to be approximately $1.997 million.

Measure A Funded Scope of Work:

The Measure A Funds associated with this funding agreement will be a part of the total funding needed to complete the construction of the landscaping phase of the Project.

Scope of Work Estimated Schedule:

Begin End
Planning Study (COMPLETED)
Project Initiation Document (COMPLETED)
Environmental Review (COMPLETED)
Landscaping Design 07/2017 02/2022
Right of Way N/A N/A
Landscaping Construction 09/2022 12/2027 Including Plant Establishment Scope of Work Budget/Source of Funding:

Include funding plan for scope of work defined above, including use of TA staff and/or consultant support if applicable.

Other Sources*Task/Activity Measure A
Funding Amount Fund Source Amount
Total
Landscaping Construction $1,350,000 Local (Private Dev-Fee) $647,000 $1,997,000 Total $1,350,000 $647,000 $1,997,000
*The other fund sources are provided for information purposes.

Cash Flow Projection Measure A funds only
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The cash flow projection is provided for informational purposes only.

FY22 FY23
Task/Activity 1st Quarter
(Jul 1-Sept 30)
2021
2nd Quarter
(Oct 1-Dec 31)
2021
3rd Quarter
(Jan 1-Mar 31)
2022
4th Quarter
(Apr 1-Jun 30)
2022
Subtotal
FY22
1st Quarter
(Jul 1-Sept 30)
2022
2nd Quarter
(Oct 1-Dec 31)
2022
3rd Quarter
(Jan 1-Mar 31)
2023
4th Quarter
(Apr 1-Jun 30)
2023
Subtotal
FY23
Project Study
Report $0 $0
Environmental $0 $0
Right-of-Way $0 $0
PS&E $0 $0
Construction $0 $337,500 $675,000 $239,500 $53,000 $1,305,000 Other: $0 $0
Total $0 $0 $0 $0 $0 $337,500 $675,000 $239,500 $53,000 $1,305,000 Cumulative to
Date $0 $0 $0 $0 $0 $337,500 $1,012,500 $1,252,000 $1,305,000 $1,305,000 FY24 FY25
Task/Activity 1st Quarter
(Jul 1-Sept 30)
2023
2nd Quarter
(Oct 1-Dec 31)
2023
3rd Quarter
(Jan 1-Mar 31)
2024
4th Quarter
(Apr 1-Jun 30)
2024
Subtotal
FY24
1st Quarter
(Jul 1-Sept 30)
2024
2nd Quarter
(Oct 1-Dec 31)
2024
3rd Quarter
(Jan 1-Mar 31)
2025
4th Quarter
(Apr 1-Jun 30)
2025
Subtotal
FY25
Project Study
Report $0 $0
Environmental $0 $0
Right-of-Way $0 $0
PS&E $0 $0
Construction $15,000 $15,000 $15,000 $15,000
Other: $0 $0
Total $0 $15,000 $0 $0 $15,000 $0 $15,000 $0 $0 $15,000 Cumulative to
Date $0 $1,320,000 $0 $0 $1,320,000 $0 $1,335,000 $0 $0 $1,335,000 FY26 FY27-28
Task/Activity 1st Quarter
(Jul 1-Sept 30)
2025
2nd Quarter
(Oct 1-Dec 31)
2025
3rd Quarter
(Jan 1-Mar 31)
2026
4th Quarter
(Apr 1-Jun 30)
2026
Subtotal
FY26
1st Quarter 2nd Quarter 3rd Quarter 4th
Quarter
Subtotal
FY27/28
Project Study
Report $0 $0
Environmental $0 $0
Right-of-Way $0 $0
PS&E $0 $0
Construction $15,000 $15,000 $0
Other: $0 $0
Total $0 $15,000 $0 $0 $15,000 $0 $0 $0 $0 $0
Cumulative to
Date $0 $1,350,000 $0 $0 $1,350,000 $0 $0 $0 $0 $0
Operating Responsibility: Caltrans
Maintenance Responsibility: Caltrans
Scope of Work Implementation Responsibility: City of San Mateo Scope of Work Oversight Responsibility: Caltrans
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EXHIBIT B: PROGRESS REPORTING TEMPLATE
REPORTING PERIOD: FROM mm/dd/yyyy TO mm/dd/yyyy
SMCTA Project # 00XXX – [Project Title/Phases]
[Carryover to additional pages as necessary]
Contact: [Name, Title, Phone, email, address]
1) Scope:
[Describe Scope of Work here. Specify Project limits, phases of the Project. Identify the Measure A funded components.] Status Summary: [Provide Status.]
Issues: [List any issues, i.e., potential scope changes.] 2) Schedule:

Original Baseline Current Baseline Current Forecast
Major Milestones: Start Finish Start Finish Start Finish [Activity] mm/dd/yy mm/dd/yy mm/dd/yy mm/dd/yy mm/dd/yy mm/dd/yy [Activity] mm/dd/yy mm/dd/yy mm/dd/yy mm/dd/yy mm/dd/yy mm/dd/yy [Activity] mm/dd/yy mm/dd/yy mm/dd/yy mm/dd/yy mm/dd/yy mm/dd/yy [Activity] mm/dd/yy mm/dd/yy mm/dd/yy mm/dd/yy mm/dd/yy mm/dd/yy Progress This Reporting Period: [Describe progress and activities] Measure A Funds Expended This Reporting Period: $
Future Activities, Next Reporting Period: [Describe planned future activities] Projected Measure A Funds Expenditure Next Reporting Period: $ Issues: [List any issues, such as impacts to schedule]
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3) Scope of Work Total Budget:

A B C D E F
Phase/Activity Original Budget
(per Funding
Agreement)
Updated
Cost
Estimate
Total Change
from Approved
(B-A)
Total
Expended
to Date
% of Revised
Budget Expended
(D/B)
% of
Work
Completed
- 0.00% 0.00%
- 0.00% 0.00%
- 0.00% 0.00%
Total Project - - - - #DIV/0!
4) Scope of Work Measure A Budget:

A B C D E F
Phase/Activity Original
Measure A
allocation
(per Funding
Agreement)
Current
Measure A
allocation
Change in
Measure A
allocation from
Approved/Funding
Agmt
(B-A)
Total
Measure
A
Expended
to Date
% of current
Measure A
allocation
Expended
(D/B)
% of
Work
Completed
#DIV/0!
#DIV/0!
#DIV/0!
Total Project $0 $0 $0 $0 #DIV/0!
Issues: [List any issues, i.e. potential cost increases) 5) Funding: [List additional sources as needed. Fill out the following matrix for each phase for the Scope of Work, i.e. environmental, design, etc.]
Original Original % Current Current % Estimated at
Completion
Estimated at
Completion %
Contribution Contribution Contribution
SMCTA #DIV/0! #DIV/0! #DIV/0!
Others:

Federal (specify)
- #DIV/0! - #DIV/0! - #DIV/0!
State (specify)
Other (specify)
Total: - #DIV/0! - #DIV/0! - #DIV/0!
Issues: [List any issues, such as changes in non-Measure A funding) Submit Progress Reports To: [email protected] or
SMCTA
Planning & Development
1250 San Carlos Avenue
San Carlos, CA 94070
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EXHIBIT C: DEFINITIONS OF ELIGIBLE COSTS FOR REIMBURSEMENT Project Initiation Documents (PID) – Activities necessary to complete PIDs covered under the Scope of Work.

Environmental Studies – environmental studies costs, including determination of the appropriate environmental document, preparation of all preliminary engineering for each alternative, including geomantic layouts, determination of right-of-way needs, environmental technical studies (such as air, noise, energy, cultural resources and hazardous waste), and all other studies or activities necessary to prepare an finalize the appropriate documents for project an environmental approval.

Design – Design activities such as preparation of design studies; Materials and foundation reports; Drainage, hydrology and hydraulic reports: surveying and mapping; Preparation of the plans, specifications and estimate; Preparation of bid documents and project file; Preparation of permit applications and maintenance agreement; Coordination of agency reviews in any other activities necessary to prepare final plans, specifications, and estimate (PS&E) for bid advertisement and award; An management oversight of these tasks except as limited in section

2.2 of the Agreement.

Right-of-Way Acquisition – All activities related to right-of-way including determination of right-of-way needs; Title searches; Preparation of appraisal maps, legal descriptions and plat maps; Parcel appraisals and appraisal reviews; Hazardous materials-testing and analysis; preparation of right-of-way acquisition documents; activities involved with acquiring rights-of- way including negotiation with property owners an cost associated with condemnation proceedings (including legal costs, expert witness costs, etc., but not including costs related to claims for inverse condemnation), right-of-way capital costs and cost-to-sure impacts related to the acquisition. To the extent allowed by law, Sponsor shall undertake all best efforts so that cleanup of existing hazardous material shall remain the liability of the property owner.

Services provided for right-of-way activities involved with property not necessary for the Measure A Highway Program-funded Project as defined in the Scope of Work, and the associated costs for all such property, shall be at the sole expense of the Sponsor.

Any property not used for construction of the Project, or used for any purpose other than construction of the Project as defined in the Scope of Work, should be identified and the funding agencies should be informed. Any excess right-of-way Shelby identified as early as possible in the Project design process and sold. The proceeds from the sale of such property shall be returned to the funding agencies, prorated based on the percentage of funds each agency contributed to the purchase of the property.

Construction – construction expenditures for the Project (construction capital, management and inspection, surveys, public outreach, and related activities) that are part of the Scope of Work agreed to by the TA. Proposed contract change orders that may arise once a contract has been awarded will be reviewed on a case-by-case basis by the TA for approval to be reimbursed with 365 of 662
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the Measure A Funds. TA will require written approval of change orders over $50,000 unless the TA Board has previously approved otherwise.

In addition, Measure A Funds are eligible for reimbursement of Sponsor’s Project management oversight expenses associated with the construction of the Project. this would include activities such as construction management inspection, expenses associated with reviewing proposed change orders, and activities involved with submitting final costs to the appropriate agencies to secure other leveraged funds. Expenditure of Measure A Funds remains subject to the limits set forth in Section 2.2 of the Agreement.

The Sponsor may include additional work beyond the Scope of Work for the Project at its own expense. That EA will require these costs to be segregated from the other work expenses and paid for with non-Measure A Highway Program funds.

Miscellaneous – fees from other agencies, including permit fees or reimbursement for review or oversight costs needed for the Project are eligible costs. However, the costs of permits or fees from the Project Sponsor will not be eligible. Utility relocation costs are eligible for reimbursement according to previous agreements establishing rights for those utilities. The costs for specialized equipment for testing, an analysis of production of documents for Project-related work are also eligible.

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EXHIBIT D
Reimbursement Claim Form
San Mateo County Measure A Funds
SMCTA Project ID:

SMCTA Project Allocation:

Claim Date:

Claim Number:

Claim Period:

Claim Amount: $0.00
Consultant/
Contractor/Vendor
Invoice
#
Invoice
Total
Fund
Source
% of
Ttl
Funding
Source
% of
Ttl
Prior Total
Measure A $
Life to Date
Measure A $
Measure A
Budget
Balance
Quarterly Progress Report included? Y/N
Please issue check payable to: Agency Contact Person
Address
City, State Zip Code
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR File ID: 22-5833 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: March 21, 2022
SUBJECT:

State Route 92/El Camino Real Interchange Landscape Improvements Project – Amendment No. 2 RECOMMENDATION:

Approve Amendment No. 2 to the agreement with BKF Engineers for the State Route 92/El Camino Real Interchange Landscape Improvements Project for a no-cost extension to the term of services.

BACKGROUND:

Roadway improvements to reconfigure the State Route 92 (SR92)/El Camino (SR82) highway interchange were completed in August 2018 as part of a joint project between the City, San Mateo County Transportation Authority, and Caltrans. The next phase of the project involves restoration of landscaping within the interchange limits. The City is responsible for implementing the landscaping work and retained BKF Engineers in September 2019 to perform the design and develop construction documents for the SR 92/SR 82 Interchange Landscape Improvements Project (Project).

The original Project schedule anticipated design completion in September 2020, but schedule for completing design work has been extended to accommodate an expanded public outreach process, in addition to being partially impacted by COVID-19 limitations and Caltrans procedural requirements. Amendment No. 2 provides a time extension for BKF to provide engineering services during construction until June 30, 2024 but does not increase cost because all activity expenditures are still trending within existing budget.

Staff is in the final stages of design and plans to return to Council for award of the construction contract by fall 2022.

Completion of the construction of the Project is anticipated by summer 2023. Accordingly, staff recommends approval of the amendment to secure engineering support into the construction phase.

BUDGET IMPACT:

There are sufficient funds in the El Camino at Highway 92 Landscape Improvements Project to fund this agreement and the contingency reserve.

Caltrans will be responsible for the cost of their staff time incurred for project oversight. San Mateo County Transportation Authority has allocated $1.35 million of Measure A funds to the construction of the SR92/El Camino Landscape Improvements Project. The City will fund the amount in excess of the SMCTA’s contribution needed to complete the Project with Traffic Impact Fee funds.

ENVIRONMENTAL DETERMINATION:

This action of approving Amendment No. 2 to Agreement with BKF Engineers is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
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The landscape restoration received environmental clearance when the project level initial study and negative declaration for the highway improvements project was approved in May 2014. Environmental clearance for the landscape work has been re-validated by Caltrans on September 2, 2021.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Amendment No. 2

STAFF CONTACT
Jana Cadiz, Assistant Engineer
[email protected]
650-522-7575
Tina Pham, Senior Engineer
[email protected]
(650) 522-7305
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AMENDMENT NO. 2 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND BKF ENGINEERS

FOR PROFESSIONAL DESIGN SERVICES
FOR EL CAMINO AT STATE ROUTE 92 LANDSCAPING IMPROVEMENTS (#460037-46000-0552-46215)
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and BKF Engineers, a California corporation (“Consultant”), entered into an Agreement for Professional Design Services for El Camino at State Route 92 Landscaping Improvements (“Agreement”) on September 23, 2019; and
WHEREAS, City and Consultant wish to amend the Agreement effective __________________ to extend the term of services as described.

NOW, THEREFORE, the parties agree as follows:

1. Section 4, Term, of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on September 23, 2019 and be completed on or about June 30, 2024. This term of this Agreement may be extended by written amendment executed by the Director of Public Works and a duly authorized representative of Consultant.

It is understood and agreed that time is of the essence of this Agreement. CONSULTANT agrees to perform the services within the time limits set forth in this task. CITY agrees to exercise due diligence in performing its tasks to implement the CONSULTANT'S timetable.”

2. Exhibit A, Scope of Services, Section B, Optional Services or Tasks, Part 3, Optional Task 3 is amended to read:
“3. Optional Task 3 - Services during Construction
Need: Support construction phase.
Trigger: Questions from bidders, contractors, and stakeholders on the design and submittals.
Scope/Assumptions/Deliverables:
oParticipate in construction status meetings, as needed oReview, resolve, and respond to requests for information, as needed oReview submittals”

3. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and BKF Engineers executed this Agreement on ______________________.

CITY OF SAN MATEO CONSULTANT
Azalea Mitch
Public Works Director
Gordon C. Sweet, PE
Its authorized Agent
Principal/Vice President
If a Corporation, can be either 1) President or 2)
Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall sign
below.

ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Natalina V. Bernardi, PE
Principal/Vice President
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 14 Section Name: CONSENT CALENDAR File ID: 22-5810 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: March 21, 2022
SUBJECT:

On-Call Professional Consultant Services – Agreement Amendments RECOMMENDATION:

Approve amendments to extend the term of individual on-call professional consultant services agreements for no additional costs with Wilsey Ham, WRECO, and Bellecci & Associates until June 30, 2023.

BACKGROUND:

In October 2018, Public Works staff issued a request for proposals (RFP) to select qualified firms to provide on-call professional consulting services. The City received proposals from thirteen (13) firms and evaluated the proposals based on the consultant’s project understanding, experience with similar projects, quality of project manager, and technical ability of key staff. Staff short-listed three firms and conducted in-person interviews each project team. The on-call engineering consulting firms selected by staff are Wilsey Ham, Inc., WRECO, Inc., and Bellecci & Associates, Inc (collectively “consultants”).

On February 19, 2019, City Council authorized Public Works to enter into an agreement with each consultant for on-call professional consulting services not to exceed $250,000. The consultants have been responsive to City staff in providing the desired engineering expertise for capital improvement projects. There is remaining budget in the agreements, and staff has determined that the consultants’ services are still needed to assist the City in implementing capital improvement projects. Amendment No. 1 for each of the three agreements will extend the term of their agreements until June 30, 2023, but does not increase the overall budget of each agreement.

Staff will continue to develop specific project task orders, scopes of work, and budgets with each firm for work efforts performed as part of the on-call services agreement and recommends Council approve the agreement amendments.

BUDGET IMPACT:

Each consultant will be issued a blanket purchase order in an amount not to exceed $250,000. The individual capital improvement projects will fund the respective task orders.

ENVIRONMENTAL DETERMINATION:

The approval of no-cost agreement extensions is not a project subject to CEQA, because it is an organizational or administrative government activity which will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.
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ATTACHMENTS
Att 1 – Amendment 1 – Wilsey Ham
Att 2 – Amendment 1 – WRECO | HDR
Att 3 – Amendment 1 – Bellecci & Associates

STAFF CONTACT
Tina Pham, Senior Engineer
[email protected]
(650) 522-7305
Matthew Zucca, Deputy Director
[email protected]
(650) 522-7308
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AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND WILSEY HAM

FOR ON-CALL PROFESSIONAL CONSULTANT SERVICES

FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Wilsey Ham, a California corporation (“Consultant”), entered into an Agreement for On-Call Professional Consultant Services for Various Capital Improvement Projects (“Agreement”) on April 1, 2019; and
WHEREAS, City and Consultant wish to amend the Agreement effective __________________ to extend the term of services as described.

NOW, THEREFORE, the parties agree as follows:

1. Section 7 - Term, Progress and Completion of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on April 1, 2019 and be completed on or about June 30, 2023. This term of this Agreement may be extended by written amendment executed by the Director of Public Works and a duly authorized representative of Consultant.

It is understood and agreed that time is of the essence of this Agreement. CONSULTANT agrees to perform the services within the time limits set forth in each task order. CITY agrees to exercise due diligence in performing its tasks to implement the CONSULTANT'S timetable.”

2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and Wilsey Ham executed this Agreement on ______________________.

CITY OF SAN MATEO CONSULTANT
Azalea Mitch
Public Works Director
Jeff Peterson
Its authorized Agent
President
If a Corporation, can be either 1) President or 2)
Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall sign
below.

ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Name
Title
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AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND WRECO

FOR ON-CALL PROFESSIONAL CONSULTANT SERVICES

FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and WRECO, a California corporation (“WRECO”) entered into an Agreement for On-Call Professional Consultant Services for Various Capital Improvement Projects (“Agreement”) on April 1, 2019; and WHEREAS, HDR Engineering, Inc., a corporation, with offices at 1243 Alpine Road, Suite 108, Walnut Creek, CA 94596 (“HDR”) acquired WRECO and assumed the agreement, effective July 31, 2021, and now does business as HDR|WRECO (“Consultant”).

WHEREAS, City and Consultant wish to amend the Agreement effective __________________ to extend the term of services as described.

NOW, THEREFORE, the parties agree as follows:

1. Section 7 - Term, Progress and Completion of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on April 1, 2019 and be completed on or about June 30, 2023. This term of this Agreement may be extended by written amendment executed by the Director of Public Works and a duly authorized representative of Consultant.

It is understood and agreed that time is of the essence of this Agreement. CONSULTANT agrees to perform the services within the time limits set forth in each task order. CITY agrees to exercise due diligence in performing its tasks to implement the CONSULTANT'S timetable.”

2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and HDR Engineering Inc. executed this Agreement on ______________________.

CITY OF SAN MATEO CONSULTANT
Azalea Mitch
Public Works Director
Han-Bin Liang, PhD
Vice President
If a Corporation, can be either 1) President or 2)
Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall sign
below.

ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Name
Title
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AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND BELLECCI & ASSOCIATES

FOR ON-CALL PROFESSIONAL CONSULTANT SERVICES

FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Bellecci & Associates, a California corporation (“Consultant”), entered into an Agreement for On-Call Professional Consultant Services for Various Capital Improvement Projects (“Agreement”) on April 18, 2019; and
WHEREAS, City and Consultant wish to amend the Agreement effective __________________ to extend the term of services as described.

NOW, THEREFORE, the parties agree as follows:

1. Section 7 - Term, Progress and Completion of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on April 18, 2019 and be completed on or about June 30, 2023. This term of this Agreement may be extended by written amendment executed by the Director of Public Works and a duly authorized representative of Consultant.

It is understood and agreed that time is of the essence of this Agreement. CONSULTANT agrees to perform the services within the time limits set forth in each task order. CITY agrees to exercise due diligence in performing its tasks to implement the CONSULTANT'S timetable.”

2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and Bellecci & Associates executed this Agreement on ______________________.

CITY OF SAN MATEO CONSULTANT
Azalea Mitch
Public Works Director
Frank Bellecci
Its authorized Agent
President
If a Corporation, can be either 1) President or 2)
Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall sign
below.

ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Name
Title
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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: CONSENT CALENDAR File ID: 22-5838 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: March 21, 2022
SUBJECT:

Off-Site Plan Review Services – Amendment
RECOMMENDATION:

Approve Amendment No. 1 to the Professional Consultant Services Agreement with CSG Consultants, Inc. for off-site plan review services in the amount of $100,000, for a new contract total of $199,000, and authorize the Community Development Director to execute the amendment in substantially the form presented.

BACKGROUND:

On August 12, 2021, the City Manager approved an agreement with CSG Consultants, Inc. (CSG) for Off-Site Plan Review Services in an amount not-to-exceed $99,000. The services CSG provides include the review of plans, calculations, and reports for compliance with adopted building codes and the provision of technical advice, reports, and correspondence to staff related to plan check services. These specialized services are typically provided by a structural engineer, and due to the consistently high volume of plan submittals and ongoing staff constraints, the Community Development Department (CDD) has exhausted the contracted amount more quickly than anticipated. This amendment will allow CDD to maintain current levels of service for the remainder of the current fiscal year.

BUDGET IMPACT:

The additional $100,000 in costs resulting from this amendment can be absorbed within the fiscal year 2021-22 operational budget for the Community Development Department.

ENVIRONMENTAL DETERMINATION:

This amendment to a professional services agreement is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Amendment

STAFF CONTACT
Michael Titsworth, Building Official
[email protected]
(650) 522-7195
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AMENDMENT NO. 1 TO THE AGREEMENT FOR PROFESSIONAL CONSULTANT SERVICES

BETWEEN THE CITY OF SAN MATEO AND
CSG CONSULTANTS, INC. FOR

OFF-SITE PLAN REVIEW
($99,000 [Original Amount] $100,000 [added amount])
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and CSG CONSULTANTS, INC. (“CONSULTANT”), entered into an Agreement for Professional Consultant Services (“Agreement”) on August 12, 2021; and
WHEREAS, City and CONSULTANT wish to amend the Agreement effective ___________________ to increase the not to exceed amount to $199,000.

NOW, THEREFORE, the parties agree as follows:

1. Section 5 - Payment of the Agreement is amended to read:

Payment shall be made by City only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed within 30 days of receipt of CONSULTANT’s invoice. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $199,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY OF SAN MATEO and 4LEAF, INC. have executed this Agreement on ___________________ .

CITY OF SAN MATEO CONTRACTOR
Christina Horrisberger
Community Development Director
Date Cyrus Kianpour, P.E., P.L.S.

President
CSG Consultants, Inc.

Date

APPROVED AS TO FORM
Gabrielle Whelan
Assistant City Attorney
Date
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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 16 Section Name: CONSENT CALENDAR File ID: 22-5857 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works
MEETING DATE: March 21, 2022
SUBJECT:

Wastewater Treatment Plant Nutrient Removal and Wet Weather Management Upgrade and Expansion Project – Detroit Drive Public Right-of-Way Easement Dedication
RECOMMENDATION:

Adopt a Resolution to dedicate a Public Right-of-Way Easement for the Wastewater Treatment Plant Upgrade and Expansion Project at the adjacent northern section of Detroit Drive in substantially the form presented.

BACKGROUND:

The City of San Mateo (City) is currently under a Regional Water Quality Control Board Cease and Desist Order requiring improvements to its collection system and Wastewater Treatment Plant (WWTP) to eliminate sanitary sewer overflows and unauthorized discharges of untreated or partially treated wastewater to San Francisco Bay.

The Clean Water Program (CWP) includes several capital improvement projects that are currently under design and construction and are intended to comply with the Cease and Desist Order. Specifically, the WWTP Upgrade and Expansion Project (Project) consists of new facilities, including headworks, primary clarifiers, secondary treatment basins, membrane filtration, and a dedicated wet weather treatment system. Construction of the Project has been underway since May 2019 and is anticipated to be complete in August 2024.

As part of the Project, Pacific Gas & Electric Company (PG&E) and AT&T Incorporated (AT&T) are required to relocate their existing utilities (located in a joint trench) from a section of Detroit Drive that will be abandoned to accommodate the WWTP expansion and subsequently be inside the fence line of the new WWTP. PG&E as the lead joint trench agency will be executing this work in accordance with their Franchise Agreement with the City and at no cost to the City. To fulfill this work, both entities will install new utilities in the public street, along the west, north, and east sections of Detroit Drive, all of which is City-owned property. Only the west and east sections of Detroit Drive have existing Public Right-of-Way (ROW), which allows external utility entities to install and maintain new facilities. PG&E notified City staff that it requires a Public ROW for the north section of Detroit Drive for their facilities before they can schedule construction of the new facilities.

Based on discussions with the City’s Planning Department and the City Attorney’s Office, staff has determined that dedication of a Public ROW Easement for the north section of Detroit Drive is most suitable as it allows continued use of Detroit Drive as a public street as well as for external utility entities including PG&E and AT&T to install new facilities, as necessary. The easement area will be approximately 29,000 square feet, as shown in the attached Legal Description and Plat. Dedicating the Public ROW Easement on Detroit Drive will allow PG&E and AT&T to construct, operate, and maintain their facilities to provide service to the WWTP and surrounding customers.

After PG&E and AT&T have completed the installation of new electrical and telecommunication facilities in Detroit Drive and subsequent demolition of existing utilities inside the WWTP fence line, the City’s contractor, Sundt 383 of 662

CITY OF SAN MATEO
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Construction Inc., will be able to continue construction of the Project in the newly abandoned section of Detroit Drive inside the WWTP.

BUDGET IMPACT:

Dedicating the proposed public ROW easement on Detroit Drive has no impacts to the project budget.

ENVIRONMENTAL DETERMINATION:

The City prepared a Final Programmatic Environmental Impact Report (Final PEIR) in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006). The PEIR was certified by City Council on June 6, 2016. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for implementation of the CWP. The City prepared Addenda to the Final PEIR that were approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the project evaluated in the PEIR and Addenda.

In accordance with CEQA Guidelines section 15061(b)(3), approving the dedication of a Public Right-of-Way Easement is exempt from CEQA in that it can be seen with certainty that approving the dedication of a Public Right-of-Way Easement will not have a significant effect on the environment, because Detroit Drive is already used as a public street.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Exhibit A to the Resolution – Approval of Public Right-of-Way Easement Dedication Exhibit A to the Dedication – Legal Description and Plat

STAFF CONTACT
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7309
Thomas Ruark, Senior Project Manager
[email protected]
(650)522-7280
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

APPROVAL OF PUBLIC RIGHT-OF-WAY EASEMENT DEDICATION
2050 DETROIT DRIVE, SAN MATEO, CA 94404
WHEREAS, the City of San Mateo (“City”) is the record owner of real property located at 2050 Detroit Drive in the City of San Mateo, California, APN 033-441-230; and WHEREAS, on May 6, 2019, the City Council approved the construction contract for the Wastewater Treatment Plant (“WWTP”) Nutrient Removal and Wet Weather Management Upgrade and Expansion Project and construction began on June 4, 2019; and
WHEREAS, Detroit Drive functions as a street but is not shown as public right-of-way on the existing recorded maps; and
WHEREAS, the City desires to dedicate a Public Right-of-Way Easement of approximately 29,000 square feet (Exhibit A) for public street purposes and to allow Pacific Gas & Electric Company (“PG&E”) to relocate electrical facilities to the public street, and AT&T Incorporated (AT&T) to relocate telecommunications facilities to the public street; and
WHEREAS, the public street is necessary for vehicular access to the WWTP, adjacent private properties, and adjacent public parks and recreational amenities.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES THAT:

1. In accordance with CEQA Guidelines section 15061(b)(3), approving the dedication of a Public Right- of-Way Easement is exempt from CEQA in that it can be seen with certainty that approving the dedication of a Public Right-of-Way Easement will not have a significant effect on the environment, because Detroit Drive is already used as a public street.

2. The City Council approves the dedication of a Public Right-of-Way Easement and authorizes the Mayor to execute the dedication, in substantially the form attached. 385 of 662
Exhibit ‘A’ to the Resolution
Approval of Public Right-of-Way
Easement Dedication
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