San Mateo City Council
September 6, 2022

CITY OF SAN MATEO
City Council Regular Meeting
September 6, 2022
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Joe Goethals
Amourence Lee
Eric Rodriguez

REVISED AGENDA
THIS MEETING IS BEING HELD PURSUANT TO THE GOVERNOR’S EXECUTIVE ORDERS WHICH SUSPEND CERTAIN REQUIREMENTS OF THE BROWN ACT.

THIS MEETING CAN BE ATTENDED IN PERSON OR REMOTE BY JOINING ZOOM – SEE CODES BELOW.

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTEL Y.

SEE END OF AGENDA FOR OPTIONS AND INSTRUCTIONS ON HOW TO PARTICIPATE IN THE MEETING.

To join via Zoom – click here:

September 6, 2022
To join via telephone: (408) 638-0968
Webinar ID: 840 0679 9538 Passcode: 647181
Mayor Rick Bonilla will teleconference into this meeting from:
261 S. F St., Oxnard, CA.

The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

Any unheard items will automatically move forward to the next regular meeting.

CALL TO ORDER
Pledge of Allegiance
Roll Call

CEREMONIAL

1. Suicide Prevention Month

2. Home Maintenance Awards – San Mateo United Homeowners Association

3. Wildfire Presentation – San Mateo Consolidated Fire Department
.

CONSENT CALENDAR
All matters listed under the Consent Calendar are considered by the Council to be routine and will be enacted by one motion without discussion. If discussion is desired, that item may be removed and considered separately.

4. City Council Meeting Minutes – Approval
Approve the minutes of the City Council Special and Regular meetings of August 15, 2022.

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5. Hillsdale Caltrain Station Bicycle Access Gap Closure Project – Agreement Approve an agreement with Bellecci & Associates, Inc. for the Hillsdale Caltrain Station Bicycle Access Gap Closure Project in the amount of $153,000; approve a contingency in the amount of $10,000; and authorize the Public Works Director to execute the agreement and amendments within the contingency in substantially the form presented.

6. Permanent Local Housing Allocation Housing Assistance Program – Agreement and Appropriation Adopt a Resolution to award an agreement to HIP Housing to provide operational subsidies for resident services in the amount of $105,000; to authorize the City Manager to execute the agreement in substantially the form presented; and to appropriate $531,409 of new grant funds to fund the second year of all Permanent Local Housing Allocation activities.

7. Mobile Parking Revenue Collection – Amendment
Approve Amendment No. 1 to the agreement with PayByPhone Technologies Inc. to assign the agreement to PayByPhone US Inc. and authorize the Public Works Director to approve future amendments within the scope of the agreement and its existing dollar amount of $219,000.

8. Citywide Street Slurry Seal Package 2-A Project – Agreements Approve an agreement with American Asphalt Repair & Resurfacing Co., Inc. for street repair work for the Citywide Street Slurry Seal Package 2-A Project in the amount of $2,874,374 and establish a contingency reserve of $431,000; approve an agreement with Ghirardelli Associates, Inc. for construction inspection support in the amount of $278,199.80 and establish a contingency reserve of $29,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue change orders within the amount of the contingency reserves.

9. Dale Avenue Pump Station Upgrade – Contingency Amendment Approve an increase to the contingency reserve associated with the Anvil Builders, Inc. construction contract for the Dale Avenue Pump Station Upgrade project in the amount of $3,500,000 for a total of $5,500,000; and authorize the Public Works Director to issue change orders within the contingency amount.

10. Temporary Standby Generator for Dale Avenue Pump Station Upgrade – Agreement Adopt a Resolution approving an alternative purchasing procedure to enter into an agreement with Herc Rentals, Inc. for a temporary standby generator required to support the Dale Avenue Pump Station Upgrade project in an amount not-to-exceed $222,090.41 for an estimated period of ten months; establish a contingency reserve of $110,046; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

11. Disposable Food Service Ware Amendments – Ordinance Adoption Adopt an Ordinance to amend San Mateo Municipal Code Chapter 5.89 “Disposable Food Service Ware Ordinance” to recodify a hardship exemption and eliminate duplicative language to correct a clerical error.

12. Unpaid Code Enforcement Abatement Costs and Citations – 2022 Proposed Property Tax Liens Adopt a Resolution to approve the list of properties proposed for tax liens for unpaid Code Enforcement abatement costs and citations, and direct staff to forward the list to the San Mateo County Controller’s Office to be included in the current year tax roll.

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13. Community Relations Commission Appointment Subcommittee – Appointment Recommendation Appoint Noopur Vyas Anand to the Community Relations Commission vacancy for a full first term through June 10, 2026, and place Allison Fitzgerald on the eligibility list for one year, should another vacancy occur.

14. Wastewater Treatment Plant Immediate Action Projects, Package II – Amendment Approve Amendment No. 6 to the agreement with Stantec Consulting Services, Inc., to provide professional design and engineering services during construction for Immediate Action Projects Package II in the amount of $30,000, to revise the total agreement amount not to exceed $1,592,403.46; extend the term through December 31, 2022; and authorize the Public Works Director to execute the amendment in substantially the form presented.

15. Temporary Accounting Services Agreement – Amendment Approve Amendment No. 1 to an agreement between the City and Maze & Associates for temporary accounting services in the amount of $81,761 for a new agreement total of $225,876.

PUBLIC COMMENT
Members of the public wishing to comment on any item not appearing on the agenda may address the City Council at this time. State law prevents Council from taking action on any matter not on the agenda; your comments may be referred to staff for follow up.

Public comment is limited to a total of 15 minutes; however, an opportunity for additional public comment may be provided later in the agenda.

PUBLIC HEARING
City Council action on the following public hearing(s) represents a final decision concluding all administrative proceedings. Judicial review may be had only if a petition is filed with the Court not later than the 90th day following the date the decision is made.

Judicial review of environmental determinations may be subject to a time period for litigation as short as 30 days following the date the decision is made.

16. 31-57 South B Street – Consider a Zoning Reclassification Request Consider a request for Zoning Reclassification; and if approved, introduce an Ordinance to approve a Zoning Reclassification for the property at 31-57 South B Street from "Neighborhood Commercial/Residential Overlay - Mixed Use" to "Central Business District" and determine the project qualifies for a Categorical Exemption from further environmental review under the California Environmental Quality Act.

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members report on their various assignments and liaison roles and Council requests for scheduling future items.

ADJOURNMENT
----------------------------------------------------------------------------------------------------------------------------- AGENDAS:

Agendas and material are posted on the City’s website on the Friday preceding each Council Meeting and can be viewed on the City's website at
www.cityofsanmateo.org
. Any supplemental material distributed to the Council after the posting of the agenda will be made part of the official record.

WATCHING A MEETING ON TV:

City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.

For transmission problems during the broadcast, please call (650) 522-7099. For all other broadcast comments, call (650) 522-7040, Monday-Friday, 8 a.m. - 5 p.m.

WATCHING A MEETING ON A COMPUTER:

There are three ways to stream.
1) Public Meeting Portal
www.cityofsanmateo.org/publicmeetings

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2) City YouTube channel and stream it on YouTube:
http://youtube.com/CityofSanMateo
3) Watch TV live stream:
https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

PUBLIC COMMENTS/REQUEST TO SPEAK
Prior to the Meeting
Send comments to:
[email protected]
until 4 p.m. the day of the meeting.

During the meeting
By Zoom:

Click the link at the top of the agenda and you’ll be added to the meeting. All attendees are muted by default. When the item of interest is open for consideration, select the “Raise Your Hand” icon and you will be called on at the appropriate time.

By telephone:

Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.

In Person:

At the meeting complete a “Request to Speak” form, submit a request at the speaker kiosk or scan the QR code.

ACCESSIBILITY:

In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected]
. Notification 48 hours prior to the meeting will
enable the City to make reasonable arrangements to ensure accessibility to this meeting.

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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: 4 Section Name: CONSENT CALENDAR File ID: 22-5759-07 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: September 6, 2022
SUBJECT:

City Council Meeting Minutes - Approval
RECOMMENDATION:

Approve the minutes of the City Council Special and Regular meetings of August 15, 2022.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Minutes 2022-08-15 Special
Att 2 – Minutes 2022-08-15 Regular

STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042

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City Council Special Meeting Minutes – 08/15/2022 Page 1 6 1
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COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
August 15, 2022
Conference Room C and Remote 5:30 PM
Special Meeting

CALL TO ORDER -
Roll Call

Present: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee and Goethals Excused: Council Member Rodriguez

STUDY SESSION

1. Tenant Protection Policies Work Program
Eloiza Murillo-Garcia, Housing Manager, provided a presentation on policies to strengthen AB1482 tenant protection act. She provided a history of tenant protection activity in the City of San Mateo and requested direction on Just Cause Eviction Policy, expanding relocation payments, limiting renovation related evictions, establishing a right to return policy, and establishing a rental registry.

Council asked questions of staff.

Public Comment – Jeff LaMont stated public outreach should have been done before taking up this matter. Brian Ponty commented the data should be acquired first. Mitch Speigle stated he sees some of the policies as impacting landlords. Fernando Pena, SAMCAR, suggested the use of a constituent model for tenant/landlord disputes. Alane Gilbrech, SAMCAR, would like to see more collaboration of how to solve disputes. Jennifer Martinez stated decision making is on anecdotes, not data – need data. Ramoel Chandry Vijay stated he is concerned with impact on renovations. Jordan Grimes stated strong support of all the options on the table, study them for implementation. Anne Wilson, property owner in San Mateo, asked if there are owner protections. Maggie Trinh supports all the tenant protections. Nora Lihomes, Realtor, cited the need for protection for landlords. Suzanne Moore tenant protections are needed. Raayan Mohnteshemi stated the data is needed. Kiana Simmons supports tenant protections. Robert Whitehair stated the tenant registry is needed.

Rhovy Lyn Antonio noted AB1482 was enacted and went into effect in 2020. Xin Ma stated this will divide community and not bring us together. Mike Caggiano stated the data is important. Justin Ally said tenant protections are prudent well-tailored and adopted by other cities. Sarah Fields cited the need for a rental registry. Cameron Gilbert stated the protections could go further. Vikas Maturi supports the policies.

Council members asked for more information, including collecting more data, researching business license registration, find out what county level data of homeless rate is available, how to substantiate when it is substantial renovation, and more information on rental registry. Council concurred on the need for balanced policies.

2. Solid Waste Rate Setting for 2023
Jack Johnson, Waste Management Supervisor, and Rick Simonson, Senior Vice President, HF&H Consultants, provided a presentation on the five-year rate revenue adjustment plan for funding revenue shortfalls, cost-of- service analysis and rate impacts by customer class.

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Council asked questions of staff. Public Comment – there were no speakers. Council consensus was the potential solid waste rates and restructuring for 2023 were appropriate in reserves.

ADJOURNMENT – The meeting adjourned at 7:10 p.m.

APPROVED BY: SUBMITTED BY:

Rick Bonilla, Mayor Patrice Olds, City Clerk

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City Council Regular Meeting Minutes – 08/15/2022 Page 1 6 1
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COUNCIL MEMBERS
Rick Bonilla, Mayor
Diane Papan, Deputy Mayor
Amourence Lee
Joe Goethals
Eric Rodriguez

CITY OF SAN MATEO
Regular Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org

August 15, 2022
City Hall Council Chambers 7:00 PM
Regular Meeting

CALL TO ORDER
Pledge of Allegiance
Roll Call

Present: Mayor Bonilla, Deputy Mayor Papan, Council Members: Lee and Goethals Excused: Council Member Rodriguez

CEREMONIAL

1. Safe from Wildfires Presentation – California Department of Insurance – Mary Beth Bykowsky presented

2. San Mateo Area Chamber of Commerce Update – Cheryl Angeles, President and CEO, San Mateo Area Chamber of Commerce, provided a presentation of the Chamber’s “Year In Review”

CONSENT CALENDAR
The following items, 3 through 21, were considered to be routine by the City Council. After the titles of the items were read by the Deputy City Clerk, the public was invited to comment and there were no speakers. Motion passed 4-0.

Moved: Goethals, Seconded: Lee
Ayes: Bonilla, Papan, Lee, and Goethals
Noes: None

3. City Council Meeting Minutes - Approval
Approve the minutes of the City Council Special and Regular meetings of April 18, 2022, May 2, 2022, May 16, 2022, June 6, 2022, June 20, 2022, July 18, 2022, and the Special meeting minutes of May 23, 2022.

4. Sustainability & Infrastructure Appointment Subcommittee – Appointment Recommendation Appoint Sigalle Michael to the Sustainability & Infrastructure Commission vacancy for a full first term ending on June 10, 2026, and place Pam Rittelmeyer on the eligibility list, should another vacancy occur.

5. League of California Cities Annual Conference – Voting Delegate Designation Designate Mayor Rick Bonilla as the City's Voting Delegate for the 2022 League of California Cities Annual Conference and authorize him to vote for the League’s bylaws amendments.

6. “Minimum Wage” Amendments – Ordinance Adoption
Adopt an Ordinance to amend Municipal Code Chapter 5.92 “Minimum Wage” to add a Consumer Price Index percentage cap, a catch-up provision, and round the minimum wage to the nearest five cents.

Enactment: Ordinance No. 2022-07

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7. National Opioid Litigation and Settlement Agreements – Direct Settlement Funds to San Mateo County Authorize the City Manager and City Attorney to take all necessary steps and execute appropriate documents to direct settlement funds from the Opioid Settlement Agreements with Distributors and Janssen to San Mateo County for the duration of both agreements, in the approximate amount of $820,000, and confirm staff action to direct the first-year payment of Distributor settlement funds in the amount of $28,464.21 to the County.

8. San Mateo County Mobile Health Clinic – License Agreement Approve a License Agreement with County of San Mateo to allow a Mobile Health Clinic to operate in the City’s public right-of-way and authorize the City Manager to execute the agreement in substantially the form presented.

9. 360 1st Avenue – Lease Amendment
Approve an amendment to the lease for 360 1st Avenue in the Main Street Garage with A+ Mailboxes & More allowing for a one-year lease extension and an additional one-year option and authorize the City Manager to execute the lease in substantially the form presented.

10. Bulk Mailing and Printing – Agreements
Approve bulk mailing and printing services agreements with: 1) CMG Language Services, LLC DBA ColorPrint; and 2) AMS Systems, Inc. DBA AMS Printing, each for an amount not to exceed $150,000 annually; with each agreement providing for two 1-year extension options for up to $150,000 each year, for a total not to exceed amount of $450,000 for each agreement; and authorize the Public Works Director to execute the agreements in substantially the form presented and to exercise the extension options for each agreement.

11. Revision of Interim Child Care Fund Guidelines – Approval Approve the revisions of the Interim Child Care Fund Guidelines.

12. East Hillsdale Park Construction Drawings – Agreement Approve an agreement with Callander Associates Landscape Architecture (CALA) to provide professional design refinement, construction document preparation, bid assistance, and construction observation services for East Hillsdale Park in the amount of $167,380 with a contingency of $15,000 and authorize the Parks and Recreation Director to execute the agreement in substantially the form presented.

13. Classification Updates – Police Department
Adopt a Resolution to approve: 1) the job specification and salary range for the new classification of Crime and Intelligence Analyst; and 2) reallocate 1.0 vacant Management Analyst II position to 1.0 Crime and Intelligence Analyst position in the Police Department.

Enactment: Resolution No. 86 (2022)

14. Cannabis Tax Fund Grant Program – Appropriation and Agreement Adopt a Resolution to appropriate funds for the Department of California Highway Patrol Cannabis Tax Fund Grant Program grant totaling $31,159.32; and authorize the Police Chief to execute the agreement in substantially the form presented and expend the funds.

Enactment: Resolution No. 87 (2022)

15. Cellebrite Premium Software Subscription – Agreement and Appropriation Approve an agreement for purchase of Cellebrite Premium Unlimited Software subscription from Cellebrite, Inc. in the amount of $92,715.35, bringing the cumulative amount to be spent with the vendor for fiscal year 2022-23

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to $113,000, and authorize the Chief of Police to execute the agreement in substantially the form presented; and adopt a resolution approving a fiscal year 2022-23 budget appropriation in the amount of $92,715.35 with a net- zero impact to the general fund.

Enactment: Resolution No. 88 (2022)

16. Library Materials Acquisition – Agreement
Authorize the Library to spend up to $500,000 annually for fiscal years 2022-23 and 2023-24 in accordance with terms of the Baker & Taylor agreement approved by the City Council on August 17, 2021, to provide books and audiovisual materials and with the option to renew for up to three additional years.

17. Wastewater Treatment Plant On-Call Consulting Services – Agreements Approve two on-call professional services agreements for the Wastewater Treatment Plant related services to Carollo Engineers, Inc. and Brown and Caldwell, with each agreement in the amount of $400,000 for three years, with two (2) one-year extension options for up to $100,000 per year, for a maximum of five (5) years and $600,000 for each agreement; and authorize the Public Works Director to execute the agreements substantially in the form presented, to issue project-specific task orders under these agreements, and to amend the agreements within the budget amount.

18. High Voltage Streetlight Conversion (Phase 3) – Agreements Approve an agreement with St. Francis Electric, LLC for construction of the High Voltage Streetlight Conversion (Phase 3) Project in the amount of $2,352,230; establish a contingency reserve of $240,000; approve an agreement with Ghirardelli Associates, Inc. for construction inspection support in the amount of $92,243; establish a contingency reserve of $9,300; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue change orders or amendments within the budget and contingency reserve.

19. Use of Public Right-of-Way – Agreement
Approve a Utility Equipment Agreement (UEA) with Bandwidth IG, LLC for the construction, installation, maintenance, and operation of fiber optic network facilities within the public right-of-way and authorize the Public Works Director to execute the agreement in substantially the form attached.

20. Temporary Standby Generator for Dale Avenue Pump Station Upgrade – Agreement Approve an Agreement with Herc Rentals, Inc. for a temporary standby generator required to support the Dale Avenue Pump Station Upgrade project in an amount not-to-exceed $222,090.41 for an estimated period of ten months; establish a contingency reserve of $110,046; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

21. Collection System Construction Management Services for the Clean Water Program – Amendments Approve amendments with two professional services firms, Tanner Pacific, Inc. and Townsend Management, Inc., to expand the scope of as-needed construction management services under the Clean Water Program to include support for Wastewater Treatment Plant projects; amend the durational term of the agreements and indemnity provisions; maintain the originally approved not-to-exceed amounts of $3,000,000 each; and authorize the Public Works Director to execute the amendments substantially in the form presented and approve future amendments within the approved budget.

22. 2021 San Mateo Rail Corridor Transportation Management Association – Annual Report Review and accept the 2021 San Mateo Rail Corridor Transportation Management Association Annual Report.

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PUBLIC COMMENT
Public Comment – Mary Ann Paulic, stated that Crown Castle Company wants to put up a 5G tower on her street and she is very concerned. Max Partl is concerned with Franklin Parkway as a fast street with major accidents, wants a lower speed limit, speed humps, etc. Wendy Malabuyo concerned with traffic in Bay Meadows on Franklin Parkway. Danny Guo stated there was an accident this weekend off of Franklin that landed in their yard. Kat stated she is also a resident of Bay Meadows community and is very concerned with the excess speed on Franklin Parkway and the amount of accidents; there have been at least three very serious accidents with major property damage.

NEW BUSINESS

23. Disposable Food Service Ware Ordinance – Amendment
Andrea Chow, Sustainability Analyst, provided a presentation on the corrections needed to the Disposable Food Ware ordinance due to a clerical error. Council asked questions of staff. Public Comment – there were no speakers.

Motion to Introduce an Ordinance to amend San Mateo Municipal Code Chapter 5.89 “Disposable Food Service Ware Ordinance” to recodify a hardship exemption and eliminate duplicative language, to correct a clerical error. Motion passed 4-0.

Moved: Papan, Seconded: Goethals
Ayes: Bonilla, Papan, Lee and Goethals
Noes: None

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council Member Lee spoke regarding the SFO Roundtable meetings and asked alternates for attendance support and it was noted that future discussion was desired at the next liaison appointment conversation. Council Member Papan stated they have received emails and letters about Planning Commission members’ actions and comments and noted the City will be meeting regarding the Planning Commission Handbook on September 6th and informed the public they can attend that meeting.

ADJOURNMENT –The meeting adjourned following a moment of silence in memory of Doug McCool and Jan Lamphier at 8:12 p.m.

APPROVED BY: SUBMITTED BY:

Rick Bonilla, Mayor Patrice Olds, City Clerk

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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: 5 Section Name: CONSENT CALENDAR Account Number: 10-4666 File ID: 22-6492 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 06, 2022
SUBJECT:

Hillsdale Caltrain Station Bicycle Access Gap Closure Project – Agreement RECOMMENDATION:

Approve an agreement with Bellecci & Associates, Inc. for the Hillsdale Caltrain Station Bicycle Access Gap Closure Project in the amount of $153,000; approve a contingency in the amount of $10,000; and authorize the Public Works Director to execute the agreement and amendments within the contingency in substantially the form presented.

BACKGROUND:

In September 2020, the City submitted an application to the San Mateo County Transportation Authority (SMCTA) for the Measure A/W Pedestrian and Bicycle Program Cycle 5 Call for Projects. In December 2020, the City received notification that SMCTA had awarded $153,000 to design pedestrian and bicycle improvements between the existing 28th Avenue bicycle boulevard and the new Hillsdale Caltrain Station.

The project includes engineering and planning services to the City to design a Class IV separated bike lane and intersection improvements on 28th Avenue to connect the existing bicycle boulevard at Edison across El Camino Real to the Hillsdale Caltrain Station. The project will evaluate implementation of the Class IV separated bike lane on 28th Avenue from Edison Street to El Camino Real as proposed in the adopted 2020 Bicycle Master Plan. The project will also develop and assess options to provide a safe crossing for bicycles and pedestrians across El Camino Real, such as video detection for bicyclists and vehicles and/or a new crosswalk at the El Camino Real intersection. Incorporation of green infrastructure will be considered where appropriate. The result will be a constructible design that encompasses the alignments best suited to the location based on safety, connectivity, and community engagement.

On April 11, 2022, the Public Works Department issued a request for proposals (RFP) to select a qualified firm(s) to provide design and environmental services for the project. The City received proposals from three firms and evaluated the proposals based on each firm's understanding of the work involved, experience with similar work, quality of project team, and technical ability of key staff. Staff interviewed all three firms for the project: Bellecci & Associates; BKF Engineers; and CSG Engineering. Following interviews with each proposed project team, staff found the Bellecci & Associates team to be most qualified to complete the scope of work identified in the RFP. Staff recommends entering into an agreement with Bellecci & Associates.

BUDGET IMPACT:

There are sufficient funds available for this agreement in the Hillsdale Caltrain Station Bicycle Gap Closure Project.

ENVIRONMENTAL DETERMINATION:

Approval of this 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).) As part of

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the project scope, a separate CEQA document will be prepared for the final design plans.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Sue-Ellen Atkinson, Principal Transportation Planner
[email protected]
(650) 522-7288

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AGREEMENT WITH BELLECCI & ASSOCIATES, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

HILLSDALE CALTRAIN STATION BICYCLE ACCESS GAP CLOSURE PROJECT

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 BELLECCI & ASSOCIATES, INC., an S-Corp, (“CONSULTANT”), whose address is 2290 Diamond Blvd. Suite 100, Concord CA 94520.

RECITALS:

A. CITY desires certain professional design services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these professional design 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 September 8, 2022 and be completed on or about June 30, 2023.

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 $153,000, pursuant to rates stated in Exhibit B 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.

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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.

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 contractor 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 performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. 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 (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.

SECTION 13 - NON-ASSIGNABILITY

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.

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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 accordance with the care, skill, and diligence ordinarily exercised by professionals providing similar services under similar circumstances to that of CONSULTANT under this Agreement, 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 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.

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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 subcontractors 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.

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: Sue-Ellen Atkinson
City of San Mateo
330 W. 20th Ave.

San Mateo CA 94403

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To CONSULTANT: Bellecci and Associates, Inc.

Attn: Daniel Leary
2290 Diamond Blvd. Suite 100
Concord CA 94520

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.

[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and BELLECCI & ASSOCIATES, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO

CONSULTANT

Azalea Mitch
Public Works Director

Date Daniel Leary
Its Authorized Agent
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.

Date

APPROVED AS TO FORM

ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)

Mazarin Vakharia
Assistant City Attorney
Date Anoop Reddy Admal
Treasurer

Date

Attachments:

Exhibit A: Scope of Services
Exhibit B: Fee Rates
Exhibit C: Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES

The Hillsdale Caltrain Station Bicycle Access Gap Closure Project (“PROJECT”) will include design of the Class IV facility proposed in the 2020 Bicycle Master Plan on 28th Avenue between Edison Street and El Camino Real, and multimodal connectivity across El Camino Real to provide a path of travel for bicyclists and pedestrians. Bellecci & Associates, Inc. (“CONSULTANT”) will provide civil engineering and planning services to the City of San Mateo for the design of this PROJECT.

1. Project Management and Meetings

1.1. City Kick-off Meeting - The project's goals will be identified as part of our preliminary design efforts and discussions with Key Stakeholders at the Hillsdale Caltrain Station Bicycle Access Gap Closure Project Kick -Off Meeting. It is recommended that the kick- off meeting includes staff from various City departments: Maintenance, Public Works, Engineering, Finance, and Planning. CONSULTANT will identify the City’s primary goals and objective. CONSULTANT will coordinate with the City to establish the overall Mission of the Project and research options to be considered. Fehr & Peers will present our scope of work for community outreach and engagement and seek input from City staff to inform this approach. We will also provide our approach for alternatives development and evaluation, and 30% design effort. At this meeting or as a follow -up to that discussion, Fehr & Peers will request input from the city to determine key stakeholders and other agency or stakeholder groups that should be integrated into our community outreach and engagement plan.

1.2. Communication with City Staff – Project elements such as design alternatives, schedule, project costs, budget, and meetings will be communicated to the City through standing meetings.
• PDT Meeting Every Two Weeks – City PM & Bellecci PM on Teams • Page-Turn Review Meeting for each submittal

CONSULTANT will be responsible for managing both the technical and non- technical, organization related administrative work to deliver a bicycle gap closure project to the City.

The key project management t asks that will be implemented by CONSULTANT include updating the project schedule; monitoring and updating the project budget, and scheduling coordination meetings. The project schedule will be created in MS Project.

CONSULTANT will provide cost reports with invoices that highlight the approved budget, budget remaining, and amount spent for the invoicing period, and an estimate of the percent complete And monthly project updates.

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1.3. Quality Analysis/Quality Control (QA/QC) – The Peer Reviewer assigned to the Caltrans Station Bicycle Access Gap Closure Project will be checking the following items:
• Addressing overall project goals with the design
• Bicycle and pedestrian interfaces
• Constructability Issues such as Street lights vs. Utilities vs. potholing data. • Bid Form, Measurement and Payment clauses
• Pedestrian and Bicycle crossings and path of travel during construction • Grading Plan – Elevations & Slopes to meet the Caltrans RSP A88A plan. • Specifications Checklist – Min. compressive strength of concrete mix design, asphalt paving specifications, compaction requirements, revocable bid items for contaminated soils, and testing.

2. Community Outreach & Engagement

2.1 Outreach & Engagement Plan – Following the kick-off meeting and subsequent email or phone correspondence with City staff, we will document our proposed outreach and engagement plan and send to City staff for review. Based on City comments or requests for clarification, we will revise the outreach and engagement plan and submit a final version for City staff.

2.2 Stakeholder Interviews/Workshops and Field Walk – We will meet with key stakeholders to discuss the project, specifically the objective, priorities, challenges, and opportunities. This will include an optional field walk with key stakeholders (with city staff), to visit the site and review potential oppor tunities and constraints. We will solicit additional feedback from the stakeholder group and city staff while in the field, and seek to educate the group about potential considerations to be taken into account as we develop potential concepts for the project. A total of four hours of stakeholder meetings (including the workshop and field walk) is included in this task.

2.3 Community Meetings/Workshops – We will prepare for and present to the community in person or virtually at up to two instances. For the basis of our fee estimate, we assume the following community meeting topics:
• Presenting draft concept plan and ideas, seeking input about additional considerations.
• Presenting the preferred alternative to the community for feedback and support as we initiate the Final Design phase

We will use exhibits and collateral developed as part of Task 3 below for these meetings, and provide some additional content based on discussions with city staff and stakeholders to make best use of these community meetings. A total of 30 hours for Fehr & Peers staff is included for preparation for these meetings, attendance/presentation at these meetings, and some follow-up with city staff to confirm next steps after each event.

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2.4 Website Updates & Coordination – We anticipate providing city staff with the content from the stakeholder meetings, community meetings, and our conceptual design efforts (Task 3) to be included on a project website hosted by and maintained by the city.

2.5 Commission Meetings – We have included participation at up to two commission meetings as part of this task.

3. Concept Development and 30% Design
Fehr & Peers will lead the development of alternatives, evaluating potential alternatives, and developing a conceptual design for the selected alternative with support from Bellecci.

3.1 Field Visit – Fehr& Peers will visit the project site and review existing conditions, including a qualitative assessment of multimodal operations, access, and circulation.

3.2 Data Review – Fehr & Peers will develop a list of po tential data that would inform our work and transmit to Bellecci and the City to determine the data available for this effort. We will review the data provided and other data readily available from other sources.

3.3 Develop & Evaluate Alternatives – Fehr & Peers will develop potential alternatives using the results of our field review, data review, stakeholder engagement, meetings with city staff, and industry best practices about bikeway design and implementation. We will review readily available traffic co unt data to understand demand for particular movements and explore intersection phasing options to facilitate improved bicycle and pedestrian crossings across El Camino Real. We will prepare exhibits showing opportunities and constraints, corridor -level concepts and representative cross -sections, and relevant imagery to explain trade -offs and opportunities. We will develop up to three concepts in response to discussions with City staff and key stakeholders.

3.4 Concept Design – Once a preferred alternative h as been selected, we will prepare concept design plans (30% design level) and a construction estimate. We will use readily- available aerial imagery as a base map for our concept plans unless a more detailed topographic base map is made available for use for this task. We will develop a concept-level cost estimate using readily available cost information including Caltrans cost database or other projects in San Mateo our other jurisdictions in the bay area.

4. Topographic Survey and Base Mapping

The field surveying will be performed after the preliminary design phase and will be focused on topographic survey for at key conforms. Examples of items to be surveyed at the select conforms include curb returns, signal poles, utility boxes, drainage manholes, streetlights, asphalt, curb, flow line and lip of gutter, driveways, back of walk, retaining curbs, fire hydrants, sewer manholes within curb returns, drainage manholes, inlets, rim and inverts and others to be determined by the engineer and surveyors prior to the field work.

CONSULTANT will collect available mapping, and to perform a professional land survey of the project site with a union survey crew. We will implement the following methods for Project

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Mapping:
• Send letters to Utility Companies (PG&E, AT&T, Astound, Crown castle, Comcast, SFPUC, Caltrans, etc.) to get each agency mapping.
• Review City GIS Mapping
• Perform Field Topographic Surveying
• Back check the above items against utility mapping obtained from City and Utility Companies.

This project does not anticipate any right of way acquisition, the right of way will be shown approximately based on record maps, APN maps and other record maps which we will obtain from our land survey departments.

CONSULTANT will prepare utility letters. CONSULTANT will notify the owners of the known utilities in the project area to obtain copies of their utility base maps for use in developing the base plans. The approximate locations of the utilities from the information provided by the ut ility companies will be added to the base map.

CONSULTANT will visually inspect the Caltrans Station Bicycle Access Gap Closure site to assess possible constraints or issues to be addressed during design including existing physical constraints at the project site, limits of work and possible conform is sues to be addressed during the design. CONSULTANT team will conduct a field review of the project area to collect information for project design and to review traffic circulation, including pedestrians, transit, trucks, and bicycles.

Deliverable: Topographic Survey and Base Map

5. Preliminary Environmental Study - Environmental consultant, David J. Powers and Associates, Inc. (DJPA) will support the City in preparing the appropriate environmental document under the California Environmental Quality Act (CE QA) for the Hillsdale Caltrain Station Bicycle Access Gap Closure Project. This task includes developing a draft environmental document, assisting in circulating the document for public review, and finalizing the documents for filing per public comments and internal City feedback
Deliverables: Preliminary Plans and Cost Estimate: PDF copies of Plans and Cost Estimates

6. Utility Coordination

Identify existing utilities from record drawings in conflict with the PROJECT by comparing "CAD BASE MAPPING" with existing utilities, and with the PROJECT layout in CAD. P repare letters to utility companies for relocation of utility boxes and submit a PG&E application on behalf of the City. Send notification letters to utility companies regarding adjustments to utility boxes during construction.

Deliverables: Utility NTO letter, Caltrans Utility matrix and PG&E Application

7. 65% Plans, Specifications, and Cost Estimates

CONSULTANT design team will further develop the concept design plans and documents for the 65% Submittal CONSULTANT will include in their proposal the proposed sheets that will be included as part of the 65% design.

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• 65% Specifications (Technical Specs Outline): Specifications will be written in the format of the City’s standard contract book and Caltrans Standard Plans and Specifications, dated 2018 (where applicable). The City will provide a front- end boiler plate. • 65% Cost Estimate: Construction estimate will be in a format which is best suited for presenting the overall project budget. During the 100% submittal the cost estimate line items will be converted to the appropriate bid form items.

CONSULTANT design team will provide the 65% PS&E to the City for review and schedule a meeting to review the documents. Following comments from the City, CONSULTANT design team will move forward with 100% PS&E

8. 100% Plans, Specifications, and Cost Estimates

A Final (100%) bid set will be prepared by the CONSULTANT design team and include technical specifications, a bid item sheet, and estimate of construction cost, along with final plans that include the sheets previously described. The final engineer’s estimate will also include a line- item bid schedule formatted to include in the bid package (to be filled in by each bidder). CONSULTANT will support the City in the preparation of the boilerplate specifications with surveying specifications and working days. The team will provide the City with stamped and signed original plans and specifications for reproducing and bidding. Final plans, bid schedule and specifications shall also be provided electronically, along with one stamped and signed original of the documents including a signed and stamped full size and half size plan set.

9. Caltrans Encroachment Permit

CONSULTANT will submit to Caltrans 100% Permit Plans along with various forms required for the encroachment permit. These include ADA Certifications, Storm Water Data Report – Short Form, Plans, Cost Estimates, and Maintenance Agreement between City of San Mateo and Caltrans.

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EXHIBIT B

FEE RATES

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Proposal for: Professional Design Engineering Services for HillsdaleStation Bike Access Gap Closure Project Mark Ups ODCs Total
$270.00 $228.00 $190.00 $180.00 $168.00 $150.00 $95 .00 $170.00 $228.00 $312.00 LS Fee LS Fee Project Management & Meetings 3 20 12 35 $7,650 $0 $7,650 Field Review 4 4 $912 $0 $912
Preliminary Environmental Checklist 0 $0 $2,606 $182 $2,788 Develop, Evaluate Alternatives & 30% Plans & Estimate 0 0 0 0 0 $0 $20,000 $1,400 $21,400 Community Meetings & Commission Meetings 0 $0 $14,000 $980 $14,980 Topographic Survey 1 16.00 2 12 31 $6,828 $0 $6,828
Utility Mapping 1 4 24.0 29 $4,588 $0 $4,588
Caltrans Encrooachment Permit 2 12 28 42 $6,936 $0 $6,936 Utility Coordination 3 9 12 $1,920 $0 $1,920
65% Plans, Specifications, and Cost Estimates 2 18 36 60 80 24 220 $35,844 $15,000 $1,050 $51,894 100% Plans, Specifications, and Cost Estimates 4 21.0 34 0 37 40 136 $24,544 $8,000 $560 $33,104 9 295 101 0 97 197 24 0 2 12 509 $89,222 $57,000 $2,606 $4,172 $0 $153,000 1 2 Review to previous spreadsheet for optional services, not needed Notes:

Distribution of Hours may vary during the performance of the services Data Collection and Research
Base Mapping
Preliminary Design (30%)
Agency Coordination
Plans & Specifications
Basic Service Subtotal

5.1 5.2
Design
Eng
Eng
Intern
Land
Surv
Assist
Eng
Survey
Tech

6.1 6
Task
#
1 4
2 3
Sen Proj
Mnger
Prof.

Eng I
Proj.

Eng
(DE III) Total Fee 7% Sub Mark
Up
Other Direct
Costs
Total
Hours
Total Labor
Costs
07/18/2022
Union
Survey
Crew
David J Powers
(Environmental)
Fehr and Peers
(Traffic Engineer)

6.2 City of San Mateo, CA
Tasks
Task Description
Prin

3.1 3.2

2.2 4.2

4.1 2.1
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EXHIBIT C

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).

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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
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 re

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CITY OF SAN MATEO
3 5
7 4

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 10-3133 File ID: 22-6469 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: September 6, 2022
SUBJECT:

Permanent Local Housing Allocation Housing Assistance Program – Agreement and Appropriation RECOMMENDATION:

Adopt a Resolution to award an agreement to HIP Housing to provide operational subsidies for resident services in the amount of $105,000; to authorize the City Manager to execute the agreement in substantially the form presented; and to appropriate $531,409 of new grant funds to fund the second year of all Permanent Local Housing Allocation activities.

BACKGROUND:

The City received a grant allocation from the California Department of Housing and Community Development for the Permanent Local Housing Allocation (PLHA) program, which provides a permanent source of funding to all local governments in California to help cities and counties implement plans to increase housing affordability. This is a flexible funding source that can be used for a wide range of activities from increasing the housing supply to providing supportive services. The PLHA application requires that the City develop a 5-year plan to allocate spending, which was approved by City Council on July 20, 2020. The services provided in this agreement are included in the City’s 5-year plan. The first-year full grant amount was $341,894 and the second-year grant amount was $531,409, for a total of $873,303.

HIP Housing is a San Mateo based non-profit organization that provides shared housing, a self-sufficiency program and property management services that primarily serve low-income families and individuals throughout San Mateo County. In recent years, HIP Housing has experienced some funding gaps that have impacted its ability to adequately fund its programs. The City previously supported HIP Housing’s Home Sharing Program from fiscal year 2011-12 to fiscal year 2020- 21 for an average of $17,800 annually with CDBG funding. Prior to CDBG funding, the City funded the Home Sharing Program from the Redevelopment Agency in the amount of $25,000 annually. Due to rigorous client income verification and reporting requirements, which clients were often unable to meet due to limited resources and/or access to resources, HIP was unable to continue accepting CDBG funds. In addition, HIP Housing owns and operates six affordable housing complexes in the City that are home to 226 low-income people. In the past five years, operating costs have rapidly increased, which has resulted in a decrease of approximately $90,000 in annual income from their properties. HIP Housing’s units are all deed restricted and they are unable to raise rents to accommodate new fees. The $105,000 grant will enable HIP Housing to fill their funding gaps to more adequately provide services for their residents and customers.

In addition to the $105,000 agreement with HIP Housing described above, this appropriation will also cover two additional PLHA agreements. This includes an agreement with Bay Meadows Affordable Associates, LLC to provide operational subsidies for tenant services at the Montara affordable housing development, which was previously approved by City Council on February 16, 2021, and an agreement with LifeMoves for housing assistance with case management, which was previously approved by City Council on June 21, 2021. Both existing agreements were amended on November 23, 2021. In order to encompass the three agreements, the appropriation prepared by staff is for the total amount of PLHA funding awarded to the City of San Mateo for the second year of activities, which amounts to $531,409.

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CITY OF SAN MATEO
3 5
7 4
BUDGET IMPACT:

The $531,409 in new PLHA grant funds will be appropriated into the 2022-23 PLHA (Fund 36) operating budget in order to fund this agreement with HIP Housing in the amount of $105,000. The appropriation is larger than the amount of the HIP Housing agreement because it will incorporate all of the previously funded PLHA activities, which includes two previously approved agreements.

ENVIRONMENTAL DETERMINATION:

This agreement is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – HIP PLHA Agreement
Att 3 – HIP Funding Request

STAFF CONTACT
Eloiza Murillo-Garcia, Housing Manager
[email protected]
(650) 522-7223

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)
APPROPRIATE $531,409 FROM NEW PERMANENT LOCAL HOUSING ALLOCATION ENTITLEMENT FUNDS INTO THE OPERATING BUDGET FOR 2022-23 AND AWARD AN AGREEMENT IN THE AMOUNT OF $105,000 TO HIP

HOUSING TO PROVIDE OPERATIONAL SUBSIDIES FOR RESIDENT SERVICES WHEREAS, Section 5.13(a) of the City Charter requires Council approval by resolution for supplemental appropriations to the City’s budget; and
WHEREAS, the California Department of Housing and Community Development has made available $531,409 in the Permanent Local Housing Allocation (PLHA) Fund to be used to increase housing affordability; and
WHEREAS, the City desires to award these funds to be used to subsidize operations costs for supportive services in an affordable housing; and to preserve existing affordable housing units through subsidizing operating costs; and to assist a home sharing program for matching prospective tenants to naturally affordable housing with supportive services; and to assist the creation of a rapid rehousing program for direct housing assistance with case management services; and
WHEREAS, HIP Housing is a San Mateo based non-profit organization that provides shared housing, a self-sufficiency program and property management services that primarily serve low-income families and individuals throughout San Mateo County; and
WHEREAS, HIP Housing shall be awarded a grant in the amount of $105,000 for resident services; and WHEREAS, this agreement is not a project subject to CEQA, because it is a government fiscal activity that does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

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

1. A budget appropriation from the Permanent Local Housing Allocation Grant entitlement fund to the PLHA Fund operating budget for fiscal year 2022-23 is approved in the amount of $531,409; and

2. HIP Housing shall be awarded an agreement to provide operational subsidies for resident services in the amount of $105,000; and

3. The City Manager shall execute the agreement in substantially the form presented.

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CITY OF SAN MATEO
AGREEMENT TO PROVIDE FUNDS
FOR COMMUNITY PURPOSES
PERMANENT LOCAL HOUSING ALLOCATION FUND

THIS AGREEMENT is made and entered into on this __  day of ____ 2022, by and between the CITY OF SAN MATEO, hereinafter referred to as City, and HUMAN INVESTMENT PROJECT (HIP HOUSING), hereinafter referred to as Organization.

The City wishes to provide support for certain community purposes that provide a benefit to low‐income San Mateo City residents.

To achieve common goals in the community, the City and the Organization agree as follows:

1.  ORGANIZATION:  The Organization is an independent contractor, organized in accordance with the laws of California, willing to and capable of performing such community services.

2.  SERVICES:   Organization shall provide the services and/or the improvements described in Attachment "A", the Organization Funding Proposal.

3.  FUNDING:   The source of City funds Permanent Local Housing Allocation Fund. Funding shall be used for lawful purposes.  The City reserves the right to cancel, lower or rescind the amount of funding provided in this agreement if state funds are less than expected or other Congressional rescissions or restrictions to the program occur. There shall be no liability to Organization as a result of the lowering or canceling of the funding under this agreement.

In the manner prescribed by the City, the funding amount for t his agreement shall not exceed $105,000.

Organization shall provide an invoice for each request for payment that shall specify how the funds requested for reimbursement of costs for contracted services have been spent.  All quarterly payments shall be made within thirty (30) days of the Organization's submission of the funding request required under this Section 3. Organization shall maintain receipts related to each reimbursable expense for five (5) years.

4.  AGREEMENT TERM:   This agreement shall commence on July 1, 2022 and shall terminate on June 30, 2023 and may be renewed for one additional year upon a fully executed amendment.

5.  FISCAL AND OTHER RESPONSIBILITIES OF ORGANIZATION:   Organization shall:

A.  Comply with State Regulations, particularly the provisions o f “Permanent Local Housing Allocation Final Guidelines” dated October 2019.

B.  Establish and main tain a written system of accounts for budgeted funds that shall be in conformance with generally accepted principles of accounting.  Such system of accounts shall be subject to review, approval and inspection by City.

C.  Document all costs by mainta ining complete and accurate records of all financial transactions, including, but not limited to, contracts, invoices, time cards, cash and charge receipts, vouchers, cancelled checks, bank statements and/or other official documentation evidencing in proper detail the nature and propriety of all transactions.

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D.  Independent Audits:  Organizations must perform an independ ent fiscal audit once a year, in conformance with the generally accepted standard accounting principles.  Such audits must identify the total funds received and disbursed as well as funds granted and expended.  The costs for such audits shall be at Organization's expense, unless otherwise provided for in this Agreement.  The Organization Board of Directors must provide copies of the completed audits to the City within thirty (30) days of their completion and acceptance by the Organization Board of Directors.

E.  Disallowed Costs:  Disallowed  costs are costs not allowed and approved by the City.  Organization is liable for repayment of disallowed costs.  Disallowed costs may be identified through Quarterly Reports, audits, examination of invoices, monitoring or other sources.  Organization shall be afforded the opportunity to respond to any adverse findings which may lead to disallowed costs.

Notwithstanding anything to the contrary herein, any and all costs identified in Attachment “A” shall constitute allowed costs and shall not be subject to the terms of this Section 5.E.

F.  For public works projects, c omply with San Mateo Municipal Code Chapter 3.61 and state prevailing wage laws, including contractor registration with the Department of Industrial Relations.

G.  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.

6.  RECORDS, REPORTS AND AUDITS OF ORGANIZATION:

A.  Establishment and Maintenance  of Records: Organization shall maintain records, including but not limited to books, financial records, supporting documents, statistical records, personnel, property, and all other pertinent records sufficient to reflect properly (1) all direct and indirect costs of whatever nature claimed to have been incurred and anticipated to be incurred to perform this Agreement, and (2) all other matters covered by this Agreement.

B.  Preservation of Records: Organ ization shall reserve and make available 10 written notice its records:
1)  Until the expiration of five  (5) years from the date of the submission of the annual financial status report.
2)  For such longer period, if any, as is required by applicab le law; or 3)  If this Contract is completely or partially terminated the  records relating to the work terminated shall be preserved and made available for a period of five (5) years from the date of any resulting final settlement.
4)      In order to verify the information provided, City s hall have the right to inspect the books and records of Organization and its agent or bookkeeper upon reasonable notice.

C.  Program Report: Organization shall provide Program Reports  to the City of San Mateo detailing progress made toward the provision of services as described in Attachment "A".  Reports are due by the 15th of the month following the end of each quarter.  Organization shall include an Annual Report, in addition to the final quarterly report, which summarizes the achievement of stated outcomes for the program year.

7.  SUSPENSION AND TERMINATION:   If Organization materially fails to comply with any term of an award, whether stated in a State statute or regulation, in a State plan or application, a notice of award, or elsewhere, the City may take one or more of the following actions, as appropriate in the circumstances:

A. Temporarily withhold cash payments pending correction of the deficiency by the grantee or subgrantee or more severe enforcement action by the awarding agency,

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B. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance

C. Wholly or partly suspend or terminate the current award for the grantee’s or subgrantee’s program,

D. Withhold further awards for the program,

E. Take other remedies that may be legally available.

8.  INTEREST OF PUBLIC OFFICIALS:   No members, officers, employees or agents of the City, shall have any interest, direct or indirect, in this agreement or a related subcontract.

9.  REVERSION OF ASSETS:   If the Organization is dissolved or ceases to exist, any grant funds on hand at the time of its dissolution shall be accounted for per Section 5.B and immediately returned to the City.

10.  ASSIGNABILITY:   Other than as approved by the City, Organization shall not assign this Agreement and shall not transfer any interest in this Agreement without the prior written consent of the City.  Notwithstanding anything to the contrary, the Organization may contract directly or indirectly for the provisions of services, as described in Attachment “A”, for programs to facilitate home sharing and to preserve affordable housing units.

11.    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.

12.   HOLD HARMLESS:   Organization agrees to hold harmless, defend, and indemnify the City, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of Organization’s performance or nonperformance of this Agreement.

13.   INSURANCE:   Organization shall procure and maintain for the duration of the contract the insurance as specified below:

A.     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 th is 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 Organization has  no  owned  autoes,  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.

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2 )      W o r k e r s ’  C o m p e n s a t i o n :  a s  r e q u i r e d  b y  t h e  S t a t e  o f  C a l i fornia,  with  Statutory  Limits,  and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.

If the Organization maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.

B.   Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
1) Additional Insured Status:  The City, its elected and appointed officials, employees, and agents are to be covered as additional insureds on the auto policy for liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Organization; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Organization 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 Organization’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).

2) Primary Coverage:  For any claims related to this contract, the Organization’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 Organization’s insurance and shall not contribute with it.

3) Notice of Cancellation:  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.

4)  Waiver of Subrogation:  Organ ization hereby grants to City a waiver of any right to subrogation which any insurer of said Organization may acquire against the City by virtue of the payment of any loss under such insurance.  Organization agrees to obtain any endorsement that may be necessary to affect 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.

5) 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 Organization 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. 6) 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.

7) Verification of Coverage:  Organization 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 Organization’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.

14.   NONDISCRIMINATION:

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A. General:  No person shall, on the grounds of race, color, national origin, religious affiliation or non‐affiliation, marital status, medical condition, sex, age, disability status, sexual orientation or political affiliation, be excluded from participation in, be denied the benefits, or be subjected to discrimination or harassment under this agreement.

B. Employment:  Organization shall ensure equal employment opportunity based on objective standards of recruitment, selection, promotion, classification, compensation, performance evaluations, and management relations, for all employees under this agreement.  Organization's personnel policies shall be made available to City upon request.

15.   GOVERNING LAW AND VENUE.   This Agreement is governed by the laws of the State of California.  In the event of litigation, venue will be in the County of San Mateo.

16.  PROJECT REPRESENTATION:   The City and Organization hereby designate the following agents to act as project representatives and receive all notices in the execution of this agreement.

C I T Y :         N i c k y   V u
H o u s i n g   S p e c i a l i s t
C i t y   o f   S a n   M a t e o
330 West 20th Avenue
S a n   M a t e o ,   C A   94403

O R G A N I Z A T I O N :     K a t e   C o m f o r t   H a r r E x e c u t i v e   D i r e c t o r
H u m a n   I n v e s t m e n t   P r o j e c t   ( H I P   H o u s i n g ) 800 S. Claremont #210
S a n   M a t e o ,   C A   94402‐4022

This agreement has been duly executed by the following parties:

ORGANIZATION:  CITY OF SAN MATEO
a municipal corporation
Human Investment Project (HIP Housing)

By:    By:

Drew Corbett, City Manager

Date:    Date:

Approved as to Form:

Mazarin Vakharia

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EXHIBIT A – PROJECT SCOPE

1.  PROJECT SUMMARY:  The scope of work funded by the contract covers two PLHA elligible activity categories. In the first activity, funds will be used to administer HIP Housing’s Home Sharing Program which interviews and screens clients for housing, provides a housemate, alternative housing, and community resources to clients with the potential of matching persons in affordable home sharing arrangements. HIP Housing will match 14 San Mateo residents in Home sharing. A minimum of 40 current home sharing matches in San Mateo will be maintained. In the second activity, HIP Housing will use PLHA funds to preserve 147 low‐income units by offsetting operations costs that will support housing services through their Home Sharing, Self‐Sufficiency, and Information and Referral Programs.

2.  PRIMARY GOALS AND OUTCOMES:

A. Goals:

1) Increase the number of affordable housing opportunities for poverty‐ moderate income level residents of the City of San Mateo.
2) Prevent homelessness for City of San Mateo residents by providing referrals, supportive services, and preserving affordable housing. 3) Increase the number of City of San Mateo residents educated about the Home Sharing Program, increasing awareness of the benefits of the program and increasing the number of clients who apply to the program. 4) Decrease housing costs for City of San Mateo residents. 5) Serve 5‐7 households representing 7 adults and 10 children through the Self Sufficiency program.

B. Objectives:

1) Interview, screen and place residents who have housing with those seeking a place to live, reducing costs for both parties and increasing stability in their housing.
2) Provide housing opportunities for homeless persons, those at‐risk of homelessness, persons transitioning from shelters and other vulnerable populations, such as emancipated Foster Youth, domestic violence clients and persons with disabilities.
3) Increase the number of clients applying to home sharing through outreach efforts so more residents will find affordable housing through home sharing. 4) Reduce housing costs for those placed in housing to 30% of less of their income.

C.    Major Activities:

1) Provide information about home sharing; interview and screen applicants; complete application; provide housing and community referrals; match clients in shared housing; facilitate Living Together Agreements; conduct mediation and follow‐up support to matched clients.
2) Collaborate with service providers such as Life Moves, CID, Core Service Agencies, County Mental Health, Safe Harbor, Peninsula Family Services and other agencies to coordinate housing resources for clients. 3) Distribute home sharing outreach materials throughout community; conduct monthly presentations; attend networking meetings with service providers; send monthly email on available HIP Housing rooms to community; conduct in‐service trainings.

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4) During home sharing interview, collect data on income and housing costs of clients. Once matched in home sharing, compile statistics on percentage of income spent on housing.

D. Indicators:
1) Goal number one:
i. Number of residents calling for information and resources. ii. Number of households interviewed for program and with application completed.
iii. Number of people placed in shared housing with Living Together agreement completed.
iv. Matched clients are contacted quarterly for follow‐up. 2) Goal number two:
i. Track demographics of clients, including information on income and housing status.
ii. Document where client was referred from and is being referred to. iii. Track number of home visits made to persons with disabilities and seniors.
3) Goal number three:
i. Track type of outreach completed in City of San Mateo and County‐wide. ii. Track number of presentations made.
iii. Track how residents learned about Home sharing program. iv. Track number of meetings attended and other outreach activities. 4) Goal number four:
i. Affordability of housing measured by percent of income spent on housing.
ii. Track information in database of clients housing costs prior to home sharing and during home sharing.

E. Outcomes:

1) Serve 80‐100 San Mateo Households and place 14 San Mateo residents including Home Providers and Home Seekers.
2) Homelessness is prevented for 36 City of San Mateo residents by matching them in shared housing.
3) 3500 outreach materials will be distributed; 30 presentations will be conducted; monthly emails will be sent; 30 networking meetings will be attended; 33‐40 residents will apply for home sharing services through outreach efforts. 4) Maintain housing costs of those matched in home sharing to 30% of less of their income.

3.  TIMELINE: The agency will provide expenditures from July 1, 2022 – June 30, 2023. Below is the timeline:

A. Interviewing, screening, and processing client applications: 8‐10 Monthly

B. Providing housemate referrals and connection to community & other housing resources:

Weekly contact with clients to provide resources.

C.    Matching clients in home sharing arrangements: 1‐2 Monthly

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D. Provide Bilingual Services to clients including English; Spanish; Cantonese; German; and Tagalog: Ongoing.

E.    Check ins with homebound older adults and persons with disabilities: 1‐2 per month

F.    Maintain regular business office hours (Monday‐Friday) at 800 S. Claremont #210, San Mateo.

G. Sign Language Interpretation facilitated through Partners in Communication: As Needed.

H. Facilitation of Living Together Agreements: 1‐2 monthly

I.    Follow up support with home sharing matched clients including mediation as needed:

Quarterly with matches involving seniors; ongoing contact with other matches as needed.

J.    Community outreach to raise awareness

K.    Preservation of affordable units: ongoing

4.  INCOME VERIFICATION: The program shall serve and benefit low income San Mateo residents.

HIP Housing shall obtain and then verify income data through personal interviews with each potential client. HIP Housing’s Income and Demographic Verification form will show income and demographic information for all members of the household and include signatures of all adult household members. Supporting documentation for the determination of income status for Home Seekers will include:

A. One month’s worth of recent paycheck stubs
B. Other forms of income documentation in the event that paycheck stubs are unavailable:
a. Pension or benefit program statement (if applicable) b. Social security award letter (if applicable)
c. Bank Statements
C. Self‐certification of income will only be used in extraordinary circumstances and will not serve as the default method of income verification.  If a client self‐certifies their income, they must complete the section of the income statement providing an explanation for why they are unable to provide primary source documentation of income.

Client signatures on the certification forms must be available on file for review at all times.

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EXHIBIT B ‐ FY 2022‐2023 AGREEMENT BUDGET
Agency: Human Investment Project (HIP Housing)

Activity: Home Sharing Program
Budget Line Item  San Mateo Other Funding Total Program Labor
Program Coordinators  15,000.00 495,601.94 510,601.94
Supervisory Staff  ‐ 147,066.00 147,066.00
Fringe Benefits  ‐ 123,991.81 123,991.81
Operational Costs
Office Supplies  ‐ 5,574.00 5,574.00
Mileage  ‐‐‐
Program Supplies  1,000.00 54,700.00 55,700.00
Staff Training  1,500.00 4,970.00 6,470.00
Other Operational Expenses  7,500.00 144,716.04 152,216.04 Total  25,000.00 976,619.79 1,001,619.79

Activity: Affordable Housing
Preservation (Applied to all
programs‐ Home Sharing & Self
Sufficiency Program)

Budget Line Item  San Mateo Other Funding Total Program Labor
Program Coordinators  35,000.00 821,274.32 856,274.32
Supervisory Staff  15,000.00 225,638.16 240,638.16
Fringe Benefits  7,500.00 171,766.67 179,266.67
Operational Costs
Office Supplies  1,000.00 7,361.00 8,361.00
Mileage  ‐ ‐ 0.00
Program Supplies  ‐ 66,656.50 66,656.50
Staff Training  1,500.00 12,100.00 13,600.00
Other
Operations/Maintenance  20,000.00 460,283.57 480,283.57 Total  80,000.00 1,765,080.22 1,845,080.22

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1 HIP Housing Funding Request to the City of San Mateo
FY 2022-2023

Request: HIP Housing respectfully requests a grant in the amount of $105,000 from the City of San Mateo. If awarded, this grant will be used to:

1. Replace support for HIP Housing Home Sharing Program previously provided by City of San Mateo Community Development Block Grant (CDBG)/RDA program ($25,000)

2. Offset HIP Housing’s programs funding losses due to increased operating costs for our City of San Mateo based properties ($80,000)

Organization Overview: HIP Housing’s mission is to invest in human potential by improving the housing and lives of people in our community. Our programs provide homes to 1,400+ low-income individuals, families, and seniors throughout San Mateo County annually through three innovative programs – the Home Sharing Program, Self Sufficiency Program, and Property Management and Development.

HIP Housing Partnership with the City of San Mateo: HIP Housing was founded in the City of San Mateo in 1972 and has called the City home for all 50 years. It has historically partnered with the City for support in two ways: 1) program funding from CDBG and 2) collaboration in affordable property preservation. However, in recent years, both have been notably impacted.

Program Funding Decreases:

1. Community Development Block Grant (CDBG): The City of San Mateo CDBG program supported our Home Sharing Program from FY 2011-2012 to FY 2020-2021 for an average of $17,800 annually.

Prior to CDBG, the City funded the Home Sharing Program from the Redevelopment Agency in the amount of $25,000 annually. Due to rigorous client income verification and reporting requirements, which clients were often unable to meet due to limited resources/access to resources, we were unable to continue accepting CDBG funding.

On annual average, Home Sharing staff have interviewed, screened, and provided housing assistance to 280 individuals who either work, live or go to school in the City of San Mateo per year and matched 36 individuals in housing. Additionally, we have provided housing information and referrals to 418 individuals living in the City of San Mateo.

2. Property Income from San Mateo Based Preservation Properties: The second way the City of San Mateo and HIP Housing have worked together is for the acquisition and preservation of multi-family apartment buildings. HIP Housing currently owns and operates six housing complexes in the City of San Mateo representing 147-units of deed restricted affordable housing that are home to 226 low- income people.

In the past 5-years, operating costs for our San Mateo owned properties have increased rapidly. We now receive nearly $90,000 less in annual income from our properties than in years past. This is especially difficult for us as because unlike market rate apartment owners, HIP Housing is not able to raise rents to accommodate new fees. On behalf of the entire HIP Housing team, our Board of Directors, and our clients, thank you for your past support and for your consideration of our funding request of $105,000.

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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: 7 Section Name: CONSENT CALENDAR Account Number: 14-4682 File ID: 22-6513 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 06, 2022
SUBJECT:

Mobile Parking Revenue Collection – Amendment
RECOMMENDATION:

Approve Amendment No. 1 to the agreement with PayByPhone Technologies Inc. to assign the agreement to PayByPhone US Inc. and authorize the Public Works Director to approve future amendments within the scope of the agreement and its existing dollar amount of $219,000.

BACKGROUND:

The PaybyPhone system was first implemented in 2016 as a pilot program to allow patrons the ability to pay for parking via their smartphone at two surface parking lots in downtown. Following the successful pilot implementation, the City expanded PayByPhone as part of the Downtown Parking Technology Project.

In October 2020, City Council approved a three-year service agreement with PayByPhone Technologies Inc. to offer mobile parking revenue collections throughout downtown at all on-street meters and pay stations and City-owned parking facilities. The current agreement has a not-to-exceed amount of $219,000, which includes the transaction fee for each PayByPhone transaction.

PayByPhone recently notified staff they are moving all United States-based clients to their new entity name, PayByPhone US Inc. As such, Amendment No. 1 transfers the terms and conditions in the current agreement to PayByPhone US Inc., including all rights, interests, and obligations. If approved, there would be no change to the current agreement’s not-to- exceed amount or term.

BUDGET IMPACT:

There is no budget impact associated with this amendment.

ENVIRONMENTAL DETERMINATION:

This amendment 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 No. 1
Att 2 – Agreement with PayByPhone Technologies Inc.

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CITY OF SAN MATEO
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STAFF CONTACT
Nicolette Chan, Assistant Transportation Planner
[email protected]
(650) 522-7326
Sue-Ellen Atkinson, Principal Transportation Planner
[email protected]
(650) 522-7288

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P a g e | 1

ASSIGNMENT AND AMENDMENT

TO THE AGREEMENT FOR MOBILE COMMERCE SERVICES

This Assignment and Amendment (the “Amendment”) is made with effect ______________ (the “Amendment Effective Date”) between PayByPhone Technologies Inc. (“PayByPhone”), PayByPhone US Inc. (“PayByPhone US”), and the City of San Mateo (“City”).

WHEREAS:

A. PayByPhone and the City entered into the Cooperation and Service Agreement as of October 28, 2020 (the “Agreement”), for the provision of mobile commerce services at parking facilities and metered stalls owned and/or managed by the City;

B. PayByPhone wishes to assign all of its rights, interests, and obligations in and to the Agreement to its wholly owned State of Delaware subsidiary, PayByPhone US, and PayByPhone US wishes to assume all of such rights, interests, and obligations.

C. Pursuant to Section 13 of the Agreement, the Agreement cannot be assigned by PayByPhone without the prior written consent of the City; and

D. The City wishes to consent to the assignment of the Agreement and the parties wish to amend the Agreement as set out herein with such amendments to be made effective as of the Amendment Effective Date;

THEREFORE, in consideration of the mutual promises and covenants contained herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PayByPhone, PayByPhone US and City hereby agree as follows:

1. Assignment and Assumption. As of the Amendment Effective Date, PayByPhone shall assign to PayByPhone US and PayByPhone US shall assume all rights, interests, and obligations of PayByPhone under the Agreement. On such assignment and assumption, Client releases PayByPhone from any and all obligations under the Agreement and from any and all claims arising after the Amendment Effective Date.

All references in the amended Agreement to “Contractor” will be read as references to PayByPhone US Inc. only. In the following limited circumstances, “Contractor” will also include PayByPhone Technologies Inc.:

a. To extend the Client’s obligations in sections 7 and 8 of the Agreement to cooperate in protecting intellectual property from unauthorized use and confidential information from disclosure to the intellectual property and confidential information of both PayByPhone and PayByPhone US.

The parties acknowledge that, following the Amendment Effective Date, where necessary, PayByPhone US will utilize PayByPhone’s systems and technologies and will provide services under the amended Agreement under a license from PayByPhone.

2. Deliverables for Assignment. If required under the Agreement, PayByPhone US will, within a reasonable time following execution of this Amendment, deliver evidence of insurance coverage and business registrations to Client in the same or substantially similar form as the evidence PayByPhone provided prior to this Amendment.

3. Force and Effect. Except as set forth in this Amendment, all terms and conditions of the Agreement shall remain in full force and effect.

4. Priority Order. In the event of a conflict between the Agreement and this Amendment, the terms of this Amendment shall take precedence.

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5. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. The parties further agree that a signature transmitted via facsimile shall be deemed original for all purposes hereunder.

IN WITNESS WHEREOF, the parties have caused this Amendment to be executed by their duly authorized representatives.

City of San Mateo
Signature: _____________________________
Name: _______________________________
Title: ________________________________

PayByPhone US Inc.

Signature: _____________________________
Name: _______________________________
Title: ________________________________
Notice Address:
c/o PayByPhone Technologies Inc.
#403 – 1168 Hamilton St.

Vancouver, British Columbia, V6B 2S2

With a copy to: [email protected]

PayByPhone Technologies Inc.

Signature: _____________________________
Name: ________________________________
Title: ________________________________ _

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AGREEMENT WITH PAYBYPHONE TECHNOLOGIES, INC.

FOR MOBILE COMMERCE SERVICES
FOR

DOWNTOWN PARKING

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 PAYBYPHONE TECHNOLOGIES INC., a British Columbia corporation ("CONTRACTOR" or “PAYBYPHONE”), whose address is #403 – 1186 Hamilton Street, Vancouver, British Columbia, Canada.

RECITALS:

A. CITY desires certain mobile commerce services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and experience for performing such services and CONTRACTOR 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 CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.

SECTION 2 - REPRESENTATIONS AND WARRANTIES

Each party represents and warrants to the other that:
i) it has the full corporate right and authority, and possesses all licenses, permits, authorizations and rights to intellectual property, necessary to enter into and perform this Agreement; ii) its entry into and performance of this Agreement do not and will not conflict with or result in a breach or violation of any agreement or order by which it is bound; and iii) this Agreement constitutes its legal, valid and binding obligations enforceable against it in accordance with the terms of this Agreement.

SECTION 3 - DUTIES OF CITY

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

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

DocuSign Envelope ID: 11729C5F-5EC5-4E16-A2CA-50C34940572B

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SECTION 4 - TERM

This Agreement shall enter into force for a period of three (3) years from the date signed by the CITY, with up to three one-year extensions unless earlier terminated in accordance with this Section.

The contract shall be automatically extended for each additional one-year term up to the maximum of three extensions unless one party gives the other party at least thirty (30) days prior written notice of its intent not to extend the Agreement.

SECTION 5 - PAYMENT

5.1 PRICING AND PAYMENT
CITY agrees to pay the fees, as outlined in Exhibit B, in a total amount not to exceed $219,000 or higher amount approved in a written amendment to this agreement signed by both parties . All amounts payable hereunder are exclusive of any and all taxes , including taxes applicable on fees paid by the consumer, and CITY is responsible for payment of such taxes. All prices are stated, and CITY shall pay, in US dollars. Payment is due within 30 days of invoicing.

5.2 MERCHANT ACCOUNT
Merchant account refers to CITY’s merchant account set up with CITY’s acquiring bank. PayByPhone will cover the cost of linking one (1) CITY merchant account with PayByPhone’s gateway provider. CITY agrees to cover the cost of merchant account updates including all third party fees and then -current PayByPhone Professional Services fees. See Exhibit B for sample rates.

5.3 TRANSACTION TESTING
PayByPhone reserves the right to execute test transactions from time to time to ensure top performance of the system and account. PayByPhone may execute up to ten test transactions per month without adjusting the CITY invoice.

5.4 THIRD PARTY INTEGRATION
In the event system changes (such as upgrades) by a third party impact the PayByPhone integration with Company sub-systems such as enforcement, CITY agrees to cover any PayByPhone development costs required to maintain integration. PayByPhone will notify CITY, in advance, of any such integration costs that could be added.

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 CON TRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.

Should a party breach a material term and such breach remains uncorrected for thirty (30) days after receipt of a notice by the breaching party, the non-breaching party may, in addition to all other remedies available at law, terminate this Agreement by providing written notice to the breaching DocuSign Envelope ID: 11729C5F-5EC5-4E16-A2CA-50C34940572B

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party, without further obligation provided, however, that if the nature of the breach is such that it cannot be reasonably cured within such thirty (30) day period, the breaching party will not be deemed in default of this Agreement so long as such party commences efforts to effect a cure and is diligently pursuing such efforts. Provided, further, that if the breach is as a result of the non-payment of any fee, the non-breaching party may terminate this Agreement if such breach remains uncorrected for ten (10) days after the breaching party's receipt of notice of such breach.

SECTION 7 - PROTECTION OF INTELLECTUAL PROPERTY RIGHTS

7.1 INTELLECTUAL PROPERTY RIGHTS

7.1.1 The parties acknowledge and agree that any trademarks, patents, trade names, logos, trade dress, domain names, copyrights or licenses therein, or other enforceable intellectual property rights and whether in hard or electronic copy (collectively “Intellectual Property”) belonging to the other party, given to them under this Agreement is and shall remain the property of that party for the duration of the Term of this Agreement.

7.1.2 Except as expressly stated, nothing in this Agreement shall be deemed or interpreted to convey, transfer or assign any Intellectual Property rights to the other party.

7.1.3 Each party reserves the right to approve in advance the use of its Intellectual Property by the other party in each and every instance.

7.1.4 Upon termination of this Agreement for any reason the parties will use reasonable endeavours to ensure that all such Intellectual Property and material are removed from display and/or destroyed at the request of the other party save where such Intellectual Property is held by the parties in compliance with any statutory obligations and/or the maintenance of proper records.

7.1.5 The parties undertake that they have all necessary permissions, licenses and rights to use the Intellectual Property of third parties for the purposes of this Agreement.

7.1.6 Each party shall indemnify (for the purposes of this clause, the “Indemnifying Party”) the other (for the purposes of this clause the “Indemnified Party”) against all actions, claims, proceedings, costs and expenses (including reasonable legal fees) arising fr om any actual infringement of Intellectual Property rights of whatever nature insofar as these relate to the Intellectual Property rights developed and owned by the Indemnifying Party or licensed to the Indemnified Party which claims, actions or proceedings arise as a result of the Indemnified Party’s use of any of the Services, except that the indemnity shall not apply to any actions, claims or proceedings which are attributable to any breach of contract or negligent act or omission on the part of the Indemnified Party or where such actions, claims or proceedings relate to any developments of the services carried out by or at the request of the Indemnified Party except where the Indemnified Party knew or ought to have known that such DocuSign Envelope ID: 11729C5F-5EC5-4E16-A2CA-50C34940572B

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development of the serv ices requested by the Indemnified Party would result in an infringement of Intellectual Property rights.

7.1.7 The Indemnified Party shall notify the Indemnifying Party in writing of any such action, claim or proceeding and shall not make any admission unless the Indemnifying Party gives prior written consent.

7.1.8 At the Indemnifying Party’s request and expense, the Indemnified Party shall permit the Indemnifying Party to conduct all negotiations and litigation. The Indemnified Party shall give all assistance as the Indemnifying Party may reasonably request and the Indemnifying Party shall pay the Indemnified Party’s costs and expenses so incurred.

7.1.9 The Indemnifying Party may, at its expense: (i) obtain a license to enable the Indemnified party to continue to use the Services, or (ii) modify or replace the Services to avoid any alleged or actual infringement or breach, or (iii) terminate the provision of the affected elements of the Services. Where the Indemnifying Party exercises options (i) or (ii) the functionality of such modification or replacement shall not materially affect the performance of the Services.

7.2 CUSTOMER INFORMATION

7.2.1 PayByPhone maintains complete records of all information and data collected or used by PayByPhone from, or relating to its customer in relation to this Agreement, including, without limitation, any data collected from customers upon registration of a PayByPhone account, data collected on parking transactions including financial information, data collected on customers’ mobile devices, and derivative data used and stored in PayByPhone databases (the “User Data”).

7.2.2 PayByPhone shall retain exclusive ownership of all rights, including Intellectual Property rights, in and to the User Data.

7.2.3 PayByPhone may provide to the City from time to time, throughout the duration of this Agreement, part of the User Data for the following purposes:
i) Such that the City may use the User Data for parking enforcement; ii) In respect of any enforcement proceedings for parking citations or penalties issued by the City during the Term of this Agreement until such time as any such proceedings are resolved; and iv) As the City’s internal and external auditors may reasonably request regarding compliance by PayByPhone with applicable laws and with its own privacy policy.

SECTION 8 - CONFIDENTIALITY

To the extent permitted by the State Public Records Act, neither party will disclose the other party’s confidential or proprietary information (and any information provide d by the other party that is DocuSign Envelope ID: 11729C5F-5EC5-4E16-A2CA-50C34940572B

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confidentially maintained or proprietary or which derives value from not being generally known to persons who can obtain economic value from its disclosure or use) except:
i) with the other party’s consent;
ii) to employees, agents a nd contractors who have a need to know in the discharge of their duties and who are subject to a contractual obligation to keep such information confidential that is at least as restrictive as this Agreement;
iii) when required to do so by law or by any binding rule, order or request.

Each party shall exercise reasonable commercial care in protecting the confidentiality of the other party’s confidential information disclosed to it.

For purposes of this Section, the parties agree that confidential or proprietary information does not include any information that is (a) already known to the receiving party at the time of disclosure hereunder (other than from the other party hereto) as demonstrated by its written records; (b) now or hereafter becomes publicly known other than through acts or omissions of the receiving party, or anyone to whom the receiving party disclosed such information; (c) disclosed to the receiving party, by a third party, under no obligation of confidentiality to the disclosing party or any other party; or (d) independently developed by the receiving party without reliance on the confidential information of the disclosing party as shown by its written records.

SECTION 9 - INTEREST OF CONTRACTOR

CONTRACTOR 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 - CONTRACTOR'S STATUS

It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor 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 CONTRACTOR an agent or employee of CITY while providing services under this Agreement.

SECTION 11 – DISCLAIMER, INDEMNITY AND LIMITATION OF LIABILITY

11.1 DISCLAIMER

EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, PAYBYPHONE DOES NOT MAKE, AND HEREBY

SPECIFICALLY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING

THE PAYBYPHONE MOBILE PAYMENT SERVI CES INCLUDING ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON -INFRINGEMENT. CITY

ACKNOWLEDGES THAT THE PAYBYPHONE MOBILE PAYMENT SERVI CES AND SERVICES FURNISHED BY

PAYBYPHONE UNDER THIS AGREEMENT (INCLUDING, WITHOUT L IMITATION, ANY SERVERS OR OTHER DocuSign Envelope ID: 11729C5F-5EC5-4E16-A2CA-50C34940572B

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HARDWARE, SOFTWARE, APPLICATIONS AND ANY OTHER ITEMS USED OR PROVIDED BY PAYBYPHONE

OR ANY THIRD PARTIES IN CONNECTION WITH PROVIDING ACCESS TO OR HOSTING ANY OF THE

FOREGOING OR THE PERFORMANCE OF ANY SERVICES BY PAYBYPHONE UNDER THIS AGREEMENT) ARE PROVIDED BY PAYBYPHONE “AS IS”.

11.2 INDEMNIFICATION
CONTRACTOR agrees to hold harmless and indemnity CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, da mage, and expense to the extend arising out of CONTRACTOR’S negligent performance of this Agreement, except for those claims arising out of CITY’s negligence or wilful misconduct. CONTACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.

11.3 LIMITATION OF LIABILITY

IN NO EVENT SHALL ANY PARTY BE LIABLE FOR CONSEQUENTIAL, SPECIAL, INDIRECT OR INCIDENTAL

DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES RESULTING FROM LOSS OF USE OR PROFITS

ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER IN AN ACTION BASED ON

CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.4 PARKING RATES
CITY will be given access to confirm the parking rates at each location via the PayByPhone back office system. PayByPhone will make every attempt at ensuring the rates are configured correctly; upon completion of each location setup, it is the CITY’s respo nsibility to ensure all rates are configured correctly. Failing to do so shall exclude PayByPhone from any liability. CITY shall provide PayByPhone with sufficient notice of any rates change during PayByPhone standard business hours.

SECTION 12 - INSURANCE

Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement.

SECTION 13 - NONASSIGNABILITY

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

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR

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

DocuSign Envelope ID: 11729C5F-5EC5-4E16-A2CA-50C34940572B

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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 term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other 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 - 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 provision 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 17 - NON-DISCRIMINATION

CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors 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 18 - 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.

DocuSign Envelope ID: 11729C5F-5EC5-4E16-A2CA-50C34940572B

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SECTION 19 - LITIGATION

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

SECTION 20 - NOTICES

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

To CITY: Sue-Ellen Atkinson
City of San Mateo
330 W. 20th Ave.

San Mateo CA 94403

To CONTRACTOR: PayByPhone Technologies Inc.

Attn: Legal Department
#403 – 1186 Hamilton Street
Vancouver, British Columbia, V6B 2S2
CANADA

SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

This document represents the entire and integrated agreement between CITY and CONTRACTOR 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 CONTRACTOR.

DocuSign Envelope ID: 11729C5F-5EC5-4E16-A2CA-50C34940572B

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SECTION 22 - 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.

SECTION 23 – NO AGENCY

Each party, in all matters relating to this Agreement, will act as an independent contractor and independent employers. Except as otherwise expressly set forth herein, neither party will have authority and will not represent that it has any authority to assume or create any obligation, express or implied, on behalf of the other, or to represent the other as an agent, employee or in any other capacity. Nothing in this Agreement shall be construed to have established any agency, joint venture or partnership between the parties. Neither party shall make any warranties or representations on behalf of the other party.

SECTION 24 – SEVERABILITY

In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and, in such event, such provision shall be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

SECTION 25 – FORCE MAJEURE

If performance hereunder is prevented, restricted or interfered with by any act or condition whatsoever beyond the reasonable control of a party, the party so affected, upon giving prompt notice to the other party, shall be excused from such performance to the extent of such prevention, restriction or interference.

SECTION 26 – COUNTERPARTS

This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be taken together and deemed to be one instrument. The parties further agree that a signature transmitted via facsimile shall be deemed original for all purposes hereunder.

SECTION 27 – CAPTIONS

The captions used in this Agreement are for convenience only and shall not affect in any way the meaning or interpretation of the provision set forth herein.

SECTION 28 – AGREEMENT APPROVAL

Each party hereby represents and warrants that all necessary corporate and/or governmental approvals for this Agreement have been obtained, and the person whose signature appears below has the authority necessary to execute this Agreement on behalf of the party indicated.

DocuSign Envelope ID: 11729C5F-5EC5-4E16-A2CA-50C34940572B

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SECTION 29 – SOPHISTICATION OF PARTIES

Each party to this Agreement represents that it is a sophisticated commercial party capable of understanding all of the terms of this Agreement, that it has had an opportunity to review this Agreement with its counsel, and that it enters this Agreement with full knowledge of the terms of the agreement.

SECTION 30 – CITY’S CONDUCT OF BUSINESS THROUGH AFFILIATES

The parties acknowledge that CITY may carry out its business through affiliates. CITY agrees to cause its affiliates to take such actions and to execute such documents as may be reasonably required to give effect to this Agreement as though references to CITY in this Agreement were references to CITY and those of its affiliates through which it carries on the business of owning and operating parking facilities.

[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and PAYBYPHONE TECHNOLOGIES INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO

CONTRACTOR

Brad B. Underwood
Public Works Director

Roamy Valera
CEO
Its Authorized Agent

APPROVED AS TO FORM

Gabrielle Whelan
Assistant City Attorney

Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES

SECTION 1 - PayByPhone Mobile Payment Platform And Applications

1.1 PAYBYPHONE MOBILE PAYMENT APPLICATION
PayByPhone agrees to roll out the PayByPhone mobile payment service for use at CITY’s managed and owned parking facilities as agreed upon by PayByPhone and CITY, to allow for consumers to pay for the use of those facilities through personal wireless devices (e.g., c ellular telephones) or other wireless systems.

1.2 PAYBYPHONE MANAGEMENT INFORMATION SYSTEM
PayByPhone will operate and manage a software application for CITY that will provide near real time information and management reports on the transactions conducted utilizing the PayByPhone Parking Payment Application (the “Management Information System”). PayByPhon e will host the Management Information System on its network. CITY will access the Management Information System through a browser-based program installed on CITY’s computer hardware.

1.3 COMPUTER, NETWORKING AND TELECOMMUNICATION SYSTEMS
PayByPhone will own or possess, and will operate and maintain, all computer and networking hardware and software and data required to operate the PayByPhone mobile payment services service as contemplated in this Agreement, other than CITY’s existing computer and telecommunications systems.

1.4 MOBILE PAYMENT SERVICE ENFORCEMENT
CITY agrees to supply Wireless Devices to employees in the field to provide real time confirmation of validly parked vehicles.

1.5 REPORTS
PayByPhone will provide CITY with a set of standard reports in the self -serve PayByPhone Service Management Interface System. Any changes or customizations to the standard set of reports will be subject to then-current PayByPhone Professional Services fees. See Exhibit B for sample rates.

SECTION 2 – MARKETING, PROMOTION, AND USER EDUCATION

2.1 SIGNAGE
PayByPhone will provide the first round of signage at CITY’s location offering PayByPhone as mobile payment service provider. PayByPhone will provide one sign to be located at each paystation , plus one at each level of the parking structure without a paystation. Additionally, one decal will be placed on each paystation and/or meter. CITY agrees to provide adequate space for PayByPhone signage at each parking facility at which the PayByPhone mobile payment services service is to be available, with sign size and placement to be mutually agreed by PayByPhone and CITY acting reasonably. CITY agrees that signs will be hung and/or located near payment machines at parking facilities enabled with the PayByPhone mobile payment services service. CITY will be responsible for installation of all decals and DocuSign Envelope ID: 11729C5F-5EC5-4E16-A2CA-50C34940572B

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signs required for implementation. CITY agrees to supply all future decals and signage, including new locations. CITY agrees to supply replacement decals which may be required in the future.

Standard signage artwork is included in the standard implementation project. Professional Services associated with custom signage or changes to standard signage are billable at the then current professional services rates. See Exhibit B for sample rates. All signage must comply with the PayByPhone Consumer Branding Standards.

2.2 MARKETING EVENTS
PayByPhone may conduct on-site marketing events and campaigns for the service, whereby PayByPhone will inform parking lot consumers of the availability of the PayByPhone mobile payment services as well as any promotions available, with the knowledge and approval of CITY which is not to be unreasonably withheld.

2.3 CITY TRAINING
PayByPhone will provide initial training to CITY using a “Train the Trainer” model on the self -served PayByPhone Service Management Interface (SMI). The said CITY Trainer will, at its own expense, train its staff and employees, including patrollers, to operate the mobile payment servic es and related applications and technology. Additional training sessions are available at the then current professional services rates. See Exhibit B for sample rates

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EXHIBIT B

PAYMENT RATES

SERVICES TO BE PROVIDED:

PayByPhone Mobile Payment Service
SYSTEM WILL:

1. Register consumers by phone or online who wish to pay for parking by cell phone or web -enabled device.

2. Activate and collect payment via credit or debit card for parking using PayByPhone in accordance with parking rates specified by the CITY and the PayByPhone Terms and Conditions.

3. Display payment status of license plate, space or meter number on internet-capable handheld device such as mobile phone, handheld computer or other Wireless Device for enforcement.

4. Provide a secure web-based administration interface for rates control, management and accounting reports.

PRICING:

One Time Setup Fees:

Mobile payment services setup $1,5001
Each locations setup after initial deployment phase $250 Integration with IPS (data push to Management System) Included Monthly Fees:

Monthly minimum $1502
Per Transaction Charges:

CITY or Consumer pays $0.25
NOTES:

1. One time set -up fee includes, but is not limited to development, testing and implementation of a dedicated CITY account within the PayByPhone system; merchant account integration and testing; set up and training on reporting, customer service and other elements of the PayByPhone Service Management Interface, signage design, marketing coordination. Setup fees are invoiced at contract signing.

2. Monthly fees apply when mobile payment services fees (transaction charges) per calendar month total less than as specified here. CITY is responsible for covering the difference between the monthly minimum and the total fees.

3. CITY’s own credit card processing and merchant banking fees will apply.

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4. In the event that PayByPhone is the only form of payment, the CITY will be responsible for 100% of the call centre cost as a pass through.

5. All fees and charges are payable within 30 days of invoicing.

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PayByPhone Professional Services Sample Rates Table & Definitions

Resource Office Hours Rate per hour After Hours Rate per hour Senior Architect $250 $315
Senior Product Manager $250 $315
Creative Services $200 $250
Project Manager $200 $250
Programmer / Developer $200 $250
Implementation Manager $175 $225
Consumer Adoption Strategist $150 $200
Application Trainer $125 $150
Support Agent $125 $150
Tester $125 $150

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Resource Descriptions
Senior Architect
A PayByPhone Architect will lead the definition and
implementation of the product software architectures. They will transform the requirements created by the Product
Manager into a set of architecture and design documents that can be used by the rest of the team to create the
solution. The PayByPhone Architect is responsible for
matching technologies to the proposed requirements.

Senior Product Manger
A PayByPhone Product Manager specifies market
requirements for current and future products. Working with the Project Manager, software development team, CITY and CITY management team, the Product Manager is
responsible for driving a solution across development teams through market requirements, product contracts and
positioning.

Creative Services
The PayByPhone Creative Team will execute highly effective and proven design concepts, layouts, graphic elements and systems. Our Creative Manager will plan and arrange
signage, stickers, decals and marketing collateral including web content according to the CITY’s parking environment, marketing strategies and objectives, taking into
consideration the usability and visibility of each sign.

Project Manager
A PayByPhone Project Manager will create and maintain
project plans that communicate tasks, milestones, and
status and resource allocation. Making use of Project
Management Lifecycle Methodology, they are ultimately
responsible for project execution. In addition to exercising their knowledge of project management best practices, the PayByPhone project manager serves as business liaison,
budget manager, customer relations manager, facilitator, negotiator, risk manager, change agent, task tracker,
problem solver and implementer.

Implementation Manager
Manage / coordinate and implement ALL technical aspects required to set up the project. Liaise with Parking Operator staff to ensure data is complete and correct. Coordinate DocuSign Envelope ID: 11729C5F-5EC5-4E16-A2CA-50C34940572B

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internal development resources and provide updates to
project management and commercial team on timing,
dependencies etc. Manages the pickle process. Provide
technical training to CITY personnel.

Consumer Adoption Strategist
A PayByPhone Consumer Adoption Strategist will work with the key CITY contacts to develop and implement a plan to maximize the CITY’s goals for the PayByPhone service.

Learning from hundreds of CITY implementations, access to the latest data analytics and considerable expertise in mobile and consumer technology usage are incorporated
into an ongoing plan to drive maximum usage and customer convenience.

Application Trainer
A PayByPhone Applications Trainer will design and deliver training programs for the PayByPhone system. They will also design training course materials and other documents such as handouts, manuals and exercises. Training is typically conducted via a web session, either one on one in a train- the-trainer scenario or in a group setting.

Support Agent
A PayByPhone support agent interacts with CITY contacts to address inquiries regarding the PayByPhone system,
reporting interface, log-ins and general administration.

Tester
The PayByPhone Quality Assurance (QA) testers will
thoroughly evaluate, stress-test and troubleshoot all new code, programs and software. The PayByPhone QA testers
will log and prioritized any issues/bugs found and work closely with the Software Development team for a
resolution.

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EXHIBIT C

INSURANCE REQUIREMENTS

MINIMUM SCOPE OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (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: CGL policy extensions including: non-owned automobile liability coverage for $1,000,000 and legal liability for damage to hired autos coverage for $50,000.

3. Workers’ Compensation: as required by the applicable jurisdiction, 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. Cyber Liability: coverage with a limit of no less than $1,000,000.

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 CGL policy (including the non-owned automobile liability coverage and legal liability for damage to hired autos extensions set out above) with respect to liability arising out of work or operations performed by or on behalf of the Contractor 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 Contractor’s insurance.

Primary Coverage
For any claims related to this contract, the Contractor’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 Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
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
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be nece ssary 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.

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Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to the City. The City may request the Contractor 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
Contractor 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 Contractor’s obligation to provide them.

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Certificate Of Completion
Envelope Id: 11729C5F5EC54E16A2CA50C34940572B
Status: Completed
Subject: Please DocuSign: PayByPhone Agreement_Final.docx Source Envelope:

Document Pages: 20
Signatures: 3
Envelope Originator:

Certificate Pages: 5
Initials: 1
Alonso Barahona
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
330 W. 20th Avenue
City Clerk's Office
San Mateo, CA 94403
[email protected]
IP Address: 174.250.28.4
Record Tracking
Status: Original
10/9/2020 4:37:28 PM
Holder: Alonso Barahona
[email protected]
Location: DocuSign
Signer Events
Signature
Timestamp
Roamy Valera
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 98.203.83.121
Sent: 10/9/2020 4:39:11 PM
Viewed: 10/11/2020 5:59:04 AM
Signed: 10/11/2020 6:01:04 AM
Electronic Record and Signature Disclosure:

Accepted: 10/11/2020 5:59:04 AM
ID: 15d08c07-8889-4ed2-89d8-b8bddc77d0f6
Gabrielle Whelan
[email protected]
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 73.93.152.189
Sent: 10/11/2020 6:01:07 AM
Viewed: 10/12/2020 8:53:12 AM
Signed: 10/12/2020 8:53:34 AM
Electronic Record and Signature Disclosure:

Accepted: 10/12/2020 8:53:12 AM
ID: 93f0f223-5a9b-4ef8-a4cd-5b47e87f1000
Alonso Barahona
[email protected]
Management Analyst
City of San Mateo
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 174.250.56.5
Sent: 10/12/2020 8:53:36 AM
Viewed: 10/27/2020 10:01:56 AM
Signed: 10/27/2020 10:02:02 AM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Brad B. Underwood
[email protected]
Director of Public Works
Security Level: Email, Account Authentication
(None)

Signature Adoption: Pre-selected Style
Using IP Address: 76.14.0.98
Sent: 10/27/2020 10:02:04 AM
Viewed: 10/28/2020 12:19:38 PM
Signed: 10/28/2020 12:19:43 PM
Electronic Record and Signature Disclosure:

Accepted: 10/28/2020 12:18:18 PM
ID: 4a73c604-acae-4cbe-8698-5a2d9775a9b1

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Timestamp
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Timestamp
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Status
Timestamp
Intermediary Delivery Events
Status
Timestamp
Certified Delivery Events
Status
Timestamp
Carbon Copy Events
Status
Timestamp
Alesha Boyd
[email protected]
Management Analyst
Carahsoft OBO City of San Mateo
Security Level: Email, Account Authentication
(None)
Sent: 10/28/2020 12:19:47 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Carla Talavera
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 10/28/2020 12:19:48 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Molly Poland
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 10/28/2020 12:19:49 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
Sue-Ellen Atkinson
[email protected]
Security Level: Email, Account Authentication
(None)
Sent: 10/28/2020 12:19:50 PM
Viewed: 10/28/2020 1:48:46 PM
Electronic Record and Signature Disclosure:

Not Offered via DocuSign
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Timestamp
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Signature
Timestamp
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Status
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Hashed/Encrypted
10/9/2020 4:39:11 PM
Certified Delivered
Security Checked
10/28/2020 12:19:38 PM
Signing Complete
Security Checked
10/28/2020 12:19:43 PM
Completed
Security Checked
10/28/2020 12:19:50 PM
Payment Events
Status
Timestamps
Electronic Record and Signature Disclosure

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CONSUMER DISCLOSURE
From time to time, Carahsoft OBO City of San Mateo (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign, Inc. (DocuSign) electronic signing system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the ‘I agree’ button at the bottom of this document .

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If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below.

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If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign ‘Withdraw Consent’ form on the signing page of a DocuSign envelope instead of signing it. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us.

All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures Electronic Record and Signature Disclosure created on: 6/13/2017 8:08:23 AM Parties agreed to: Roamy Valera, Gabrielle Whelan, Brad B. Underwood

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Acknowledging your access and consent to receive materials electronically

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To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the ‘I agree’ button below.

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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: 8 Section Name: CONSENT CALENDAR Account Number : 10-4662 File ID: 22-6536 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 6, 2022
SUBJECT:

Citywide Street Slurry Seal Package 2-A Project – Agreements RECOMMENDATION:

Approve an agreement with American Asphalt Repair & Resurfacing Co., Inc. for street repair work for the Citywide Street Slurry Seal Package 2-A Project in the amount of $2,874,374 and establish a contingency reserve of $431,000; approve an agreement with Ghirardelli Associates, Inc. for construction inspection support in the amount of $278,199.80 and establish a contingency reserve of $29,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and issue change orders within the amount of the contingency reserves.

BACKGROUND:

The Citywide Street Slurry Seal Package 2-A Project (Project) is part of the Public Works Pavement Management Program.

The Project will repair approximately 17 miles of streets across approximately 95 locations with an Engineer’s Estimate for the Project of $3,600,000.

Agreement with American Asphalt Repair & Resurfacing Co., Inc. (American Asphalt) The Project was advertised on June 28, 2022, and a total of four (4) bids were received and opened on July 28, 2022. The bids received are listed below in order of increasing bid amount.

Company Name Total Bid Amount
American Asphalt, Inc. $2,874,374.00
VSS International, Inc.

Doolittle Construction, Inc.
$2,972,000.00
$3,575,400.00
Pavement Coatings, Inc. $3,585,590.20
After review of the bid documents, staff determined that American Asphalt’s bid is the lowest responsible and responsive bid and therefore recommends awarding the project to American Asphalt.

Agreement with Ghirardelli Associates, Inc.

Public Works does not have sufficient staff resources to inspect and oversee all construction activities. In May 2020, the City issued a Request for Proposals for on-call construction management services including inspection, general construction management, and specialty support services. Proposals were evaluated and three on-call construction management firms were selected: CSG Consultants, Inc., Ghirardelli Associates, Inc., and MNS Engineers, Inc. Staff requested proposals from all three on-call consultants and only Ghirardelli Associates and CSG Consultants submitted proposals. Staff determined Ghirardelli’s scope and budget are appropriate for the requested support services, and based on prior favorable experience working with Ghirardelli Associates, staff recommends awarding the construction inspection agreement to Ghirardelli Associates, Inc.

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CITY OF SAN MATEO
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0 7
BUDGET IMPACT:

Sufficient funds are available in the Citywide Street Rehabilitation Package 2 - Citywide Street Slurry Seal Package 2-A Project (#467008) to award these agreements.

ENVIRONMENTAL DETERMINATION:

This project is categorically exempt from CEQA as an “existing facility,” because it consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement (American Asphalt)
Att 2 – Agreement (Ghirardelli Associates, Inc.)
Att 3 – Location Map

STAFF CONTACT
Leo Chow, Associate Engineer
[email protected]
(650) 522-7344
Stephanie Gindlesperger, Senior Engineer
[email protected]
(650) 522-7315

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Construction Contract Page 1 of 9
Rev 7/21
AGREEMENT WITH AMERICAN ASPHALT REPAIR & RESURFACING CO., INC.

FOR PUBLIC IMPROVEMENT
FOR
CITYWIDE STREET SLURRY SEAL PACKAGE 2-A PROJECT
CITY PROJECT NO. 467008-46000-1010-46350

THIS AGREEMENT FOR PUBLIC IMPROVEMENTS (“Agreement”) , made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California , (hereinafter called "City") and AMERICAN ASPHALT REPAIR & RESURFACING CO., INC. , a corporation, with offices at 24200 Clawiter Road, Hayward, CA 94545 (hereinafter called "Contractor" ), entered into this day of ____________________.

RECITALS:

(a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this Agreement.

(b) A notice was duly published for bids for the contract for the improvement hereinafter described.

(c) After notice duly given, on the date hereof, the City awarded the contract for the construction of the improvements hereinafter described to Contractor.

IT IS AGREED, as follows:

1. Scope of Work. Contractor shall perform the work according to the Contract Book entitled:

CITYWIDE STREET SLURRY SEAL PACKAGE 2-A PROJECT

CITY PROJECT NO. 467008-46000-1010-46350

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of two million eight hundred seventy-four thousand three hundred seventy-four dollar ($2,874,374.00) in full payment for the work set forth above.

Said price is determined by the prices contained in Contractor's bid, and shall be paid as described in the Contract Book. In the event work is performed or materials furnished in addition to or a reduction of those set forth in Contractor's bid and the specifications herein, such work and materials will be paid for as described in the Contract Book.

3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions and Contract Drawings, Addendum Numbers 1 and 2 issued to the Contract Book, the State of California Standard Specifications 2018 Edition, the State of California

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Department of Transportation Standard Plans, 2018 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).

All rights and obligations of City and Contractor are fully set forth and described in the contract documents. The contract documents constitute the entire contract between the parties hereto pertaining to the subject matter hereof, fully supersede any and all prior understandings, representations, warranties and agreements between the parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the parties hereto.

All of the above-named documents are complementary and are intended to operate in harmony, so that any work called for in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. In the event of any variation or discrepancy between any portion of this Agreement and any portion of the contract documents, this Agreement shall prevail.

The precedence of the remaining contract documents will be as specified in the Contract Book.

4. Schedule. All work shall be performed in accordance with the schedule provided pursuant to the Contract Book.

5. Performance by Sureties. In the event of any termination as hereinbefore provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give City written notice of their intention to take over the performance thereof within 5 days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor.

6. Legal Work Day - Penalties for Violation. Eight hours of labor shall constitute a legal day's work.

Contractor shall not require more than 8 hours labor in a day and 40 hours in a calendar week from any person employed by Contractor in the performance of such work unless such excess work is compensated for at not less than 1-1/2 times the basic rate of pay. Contractor shall forfeit as a penalty to City the sum of $25.00 for each laborer, workman or mechanic employed in the execution of this contract by Contractor, or by any subcontractor for each calendar day during which such laborer, workman or mechanic is required or permitted to labor more than 8 hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Sections 1810 and 1816, inclusive, of the Labor Code of the State of California.

7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages,

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determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force.

Contractor must submit certified payrolls to the Department of Industrial Relations in accordance with Labor Code Section 1776.

Contractor 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.

8. Senate Bill 854 Compliance Required. In accordance with Labor Code Sections 1725.5 and 1771.1, all contractors and subcontractors must be registered with the Department of Industrial Relations.

In accordance with Labor Code Section 1771.4 the contractor must post job site notices as required by regulation and this project will be subject to compliance monitoring and enforcement by the Department of Industrial Relations.

9. Insurance. The Contractor shall procure and maintain for the duration of the contract and five years thereafter the insurance as specified in Exhibit A of this agreement.

10. Hold Harmless and Indemnity Provision. Contractor agrees to hold harmless, defend, and indemnify the City, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this Agreement, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of the City, its elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from (a) the sole negligence or willful misconduct of the City or (b) the active negligence of the City; further provided, that this provision shall not affect the validity of any insurance contract, workers’ compensation or other agreement issued by an admitted insurer as defined by the Insurance Code. Contractor will defend City of San Mateo, its elected and appointed officials, employees, and agents, against any such claims.

11. Attorney Fees. Attorney fees in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of the contract documents. The above $5,000 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 that neither party to this Agreement shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of the contract documents. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

12. 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,

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the California State Board of Mediation and Conciliation, 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.

13. Provisions Cumulative. The provisions of this agreement are cumulative, and in addition to and not in limitation of, any other rights or remedies available to City.

14. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.

a. Notices required to be given to City shall be addressed as follows:

Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403

Notices required to be given to Contractor shall be addressed as appears in the signature block as shown on the Bidder's Statement.

15. Interpretation. As used herein any gender includes each other gender, the singular includes the plural and vice versa.

16. Governing Law and Venue. This Agreement, the contract documents, and the performance hereon shall be governed, interpreted, construed, and regulated by the laws of the State of California. The parties agree that any action related to this Agreement or the contract documents will be venued in the County of San Mateo.

17. Headings. The title and headings of the various sections of this Agreement and the contract documents are intended solely for convenience of reference and are not intended to explain, modify, or place any construction on any provisions.

18. No Partnership or Agency. Nothing in this Agreement nor the contract documents shall be deemed to constitute a partnership in law between City and Contractor, or any sub-contractor, to constitute either party as an agent of the other for any purpose; or to entitle either party to commit or bind the other in any manner unless expressly agreed upon in the contract documents.

19. Severability. If any part or provision of the contract documents is determined by any court to be illegal, invalid, or unenforceable, in whole or in part, the contract documents shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provisions found to be null and void,

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the parties would not have entered into the contract documents. The parties shall use all reasonable efforts to replace any and all provisions or parts found to be null and void with provisions that are valid under the applicable law and come closest to their original intention.

20. Waiver. None of the following shall operate as a waiver of any provision of the contract documents, or of any power herein reserved by the City, or any right to damages herein provided: 1) inspection by the City or its authorized agents or representatives; 2) any order or certificate for payment, or any payment for, or acceptance of the whole or any part of the work by the City; 3) an extension of time; or 4) any position taken by the City or its authorized agents or representatives.

21. Warranty. Contractor warrants and guarantees that the materials and equipment provided shall be at least of the quality specified and new unless otherwise required or permitted by the contract documents, and, if no quality is specified, then the materials and equipment shall be of commercial grade, suitable for heavy public use in facilities of similar size and complexity, that the work performed hereunder will be free from defects, and that the work will conform to the requirements of the contract documents.

[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and AMERICAN ASPHALT REPAIR & RESURFACING CO., INC. has been duly executed by the parties hereinabove named, as of the day and year first above written.

CITY OF SAN MATEO

CONTRACTOR

Azalea Mitch
Director of Public Works

Date Shel Waggener
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.

Date

APPROVED AS TO FORM

ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)

Linh Nguyen
Assistant City Attorney
Date

Date

Attachments:

Exhibit A: Insurance Requirements

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Exhibit A
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for five years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection wit h the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form CA 0001 covering Code 1 (any auto), with limits no less than $5,000,000 per accident for bodily injury and property damage.

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

4. Surety Bonds as described below.

5. Contractors’ Pollution Legal Liability and/or Asbestos Legal Liability and/or Errors and Omissions (if project involves environmental hazards) with limits no less than $1,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

If the contractor maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor . Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

Self-Insured Retentions

Self-insured retentions must be declared to and approved by the City. At the option of the Cit y, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses.

The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions

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

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.

General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor’s insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall provide that coverage shall not be canceled, except with notice to the City.

Builder’s Risk (Course of Construction) Insurance

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Contractor may submit evidence of Builder’s Risk insurance in the form of Course of Construction coverage. Such coverage shall name the City as a loss payee as their interest may appear.

If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, struct ures, processes, machinery and equipment. The Property Installation Floater shall provide property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

Claims Made Policies – (If at all possible avoid and require occurrence type CGL policies)

If any coverage required is written on a claims-made coverage form:

1. The retroactive date must be shown, and this date must be before the execution date of the contract or the beginning of contract work.

2. Insurance must be maintained and evidence of insurance must be provided for at least five years after completion of contract work.

3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the City for review.

5. If the services involve lead-based paint or asbestos identification/remediation, the Contractors Pollution Liability policy shall not contain lead-based paint or asbestos exclusions. If the services involve mold identification/remediation, the Contractors Pollution Liability policy shall not contain a mold exclusion, and the definition of Pollution shall include microbial matter, including mold.

Acceptability of Insurers

Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best rating of no less than A: VII, unless otherwise acceptable to the City.

Waiver of Subrogation

Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Contractor, its employees, agents and subcontractors.

Verification of Coverage

Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endo rsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’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.

Subcontractors

Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors.

For CGL coverage subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

Surety Bonds

Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

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4. Maintenance bond

The Payment Bond and the Performance Bond shall be in a sum equal to the contract price. If the Performance Bond provides for a one-year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, authorized to issue su ch bonds in the State of California and secured through an authorized agent with an office in California.

Special Risks or Circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances

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AGREEMENT WITH GHIRARDELLI ASSOCIATES, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR
CITYWIDE STREET SLURRY SEAL PACKAGE 2-A PROJECT

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 Ghirardelli Associates, Inc., a corporation (“CONSULTANT”), whose address is 1970 Broadway, Suite 1220, Oakland, CA 94612.

RECITALS:

A. CITY desires certain professional inspection services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these professional inspection 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.

SECTION 3 - DUTIES OF CITY

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

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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 issuance of the Notice to Proceed (“NTP”) and be completed within 12 months of issuance of the NTP.

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 $278,199.80, 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 contractor 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 performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. 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 (five years for building or major improvements) the insurance specified in Exhibit B to this Agreement.

SECTION 13 - NON-ASSIGNABILITY

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.

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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 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 subcontractors 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

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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.

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: City of San Mateo
330 W 20th Ave
San Mateo, CA 94403

To CONSULTANT: Ghirardelli Associates, Inc.

Attn: Randall Bruner, President
1970 Broadway, Suite 1220, Oakland,
CA 94612

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.

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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.

[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and Ghirardelli Associates, Inc. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO

CONSULTANT

Azalea Mitch
Director of Public Works

Date Randall Bruner
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.

Date

APPROVED AS TO FORM

ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)

Linh Nguyen
Assistant City Attorney
Date Date

Attachments:

Exhibit A: Scope of Services
Exhibit B: Insurance Requirements

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EXHIBIT A

SCOPE OF SERVICES

SCOPE OF WORK
Ghirardelli is proud to bring its experience with similar slurry seal projects. Our approach for this type of project is built around the qualifications and experience of our staff and lessons learned from previous projects with the City of S an Mateo. Our team realizes that the success of any construction project depends on the ability of the construction management team to proactively identify and anticipate issues and resolve these potential issues promptly before they impact the project budget and schedule.

Ghirardelli will provide construction inspection services on the project, including, but not limited to the following:

• Inspect and observe construction contractor’s work daily for compliance with the contract documents, environmental documents, state laws, regulations, etc.
• Provide construction contractor with acceptability or deficiencies in work and required actions for contract compliance.
• Maintain daily inspection reports of work, including photos, descriptions of daily activities, any corrective actions to be taken by the Contractor, persons and equipment onsite, and any other pertinent information. • Review of materials and equipment delivered to site for compliance with submittals and contract documents.
• Coordinate and provide material testing as required.
• Review of construction contractor’s compliance with all permits, stormwater regulations and permits (SWPPP), and environmental documents.
• Review of construction contractor’s compliance with health and safety standards and regulations and reporting of non-compliance.
• Monitor record documents to ensure proper maintenance and completion by contractor. • Develop punch list and perform other project closeout activities, as needed.

Daily Inspection Reports
Ghirardelli’s inspectors (Cesar Lara and Keith Baty) will prepare a daily report for each construction day. The inspector’s daily reports will be provided to the City’s Resident Engineer. This information will be used for the preparation and evaluation of the monthly progress estimates, non -compliance issues, construction delays, compliance tests, CPM schedule review, liquidated damages, and claims. The daily reports will include the following information:

• Date, project identification, contractor’s name, subcontractor’s name(s), and time of inspections. • Conditions (weather, moisture, soil, etc.); any inclement weather conditions that hampered or delayed the contractor’s operations.
• Activities detail. Scheduled activities including starting and completion dates. Bid item numbers of all activities should be listed in the daily report.
• Difficulties encountered by the contractor.
• Controversial matters (disputes, questionable items, etc.). • Deficiencies and violations (including construction work, safety, labor, etc.). • Record of manpower, construction equipment, and materials testing locations and results.

Materials Testing
Ghirardelli’s Inspectors (Cesar Lara and Keith Baty) will coordinate all materials testing with BSK Associates. All materials testing (field and laboratory) will be performed at the frequency established by the contract documents including the City’s Quality Assurance Plan (QAP) and the Caltrans Construction Manual. Mr. Lara will review the test reports for compliance and maintain the required documentation, including a non-conformance log to assure that all failed tests are retested until meeting compliance.

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FEE PROPOSAL
Below is the estimated fee for the Citywide Street Slurry Seal Package 2-A Project based on our review and understanding of the plans and specifications along with our correspondence with the City.

Ghirardelli estimates that our fee will be $278,199.80.

Hourly Rates

PW BILL RATE
First Shift Second Shift

NAME ST OT DT ST OT DT
Cesar Lara (Lead Inspector) $169.12 $240.99 $321.31 $185.33 $258.29 $331.24 Keith Baty (Backup Inspector) $179.70 $269.56 $359.41 $187.59 $269.56 $359.41

Fee Breakdown
Lead Inspector (Cesar Lara) 960 hours x $169.12/hour = $162,355.20 Lead Inspector (Cesar Lara) 40 hours x $240.99/hour = $ 9,639.60 Backup Inspector (Keith Baty) 320 hours x $179.70/hour = $ 57,504.00

Materials Testing (BSK Associates)

$ 48,701.00
Total Fee Estimate $278,199.80

Fee Assumptions

1. Lead Inspector hours based on:
a. 120 working days (960 hours) of work conducted during the First Shift at the Standard Rate. b. 40 hours of work conducted during the First Shift at the Overtime Rate.

2. Backup Inspector hours based on 40 working days (320 hours) of work conducted during the First Shift at the Standard Rate.

3. Rates and Fees are valid for the duration of the contract.

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COST ESTIMATE SUMMARY FOR MATERIALS TESTING

City of San Mateo
Citywide Street Slurry Seal Package 2-A
City Project No. 467008-46000-1010-46350
Quality Assurance (QA) Construction Materials Testing

FIELD SERVICES DAYS HRS/DAY HOURS RATE EXTENSION
Earthwork Construction
Compaction Testing Base Failure Repairs - Group 3 Engineering Technician HMA Sampling and Testing - Group 3 Engineering Technician
Slurry Seal - Group 3 Engineering Technician Nuclear Gauge Equipment Fee
Trip Charge
Trip Charge (Mileage, Bridge Toll, Parking Fees)

4 1
15 5

20 8
8 8

32 8
120

$135.00
$135.00
$135.00
$64.00

$75.00

$4,320.00
$1,080.00
$16,200.00
$320.00

$1,500.00
FIELD SERVICES ESTIMATE $23,420.00

LABORATORY TESTING FREQUENCY SETS/UNITS RATE EXTENSION
Base Repairs
Modified Proctor, 6" Curve as required 2 $286.00 $572.00 Theoretical Maximum Density (CTM 309) 1 per mix 1 $286.00 $286.00 HMA Testing
Sieve Analysis - 3 Bin Samples (AASHTO T27) 1 per 750 tons 1 $285.00 $285.00 Sand Equivalent (AASHTO T27) 1 per 750 tons 1 $144.00 $144.00 Aggregate Moisture Content (AASHTO T255) 1 per 750 tons $49.00 $0.00 Percent Crushed Particles (AASHTO T335) 1 per project 1 $189.00 $189.00 LA Rattler (AASHTO T96) 1 per project 1 $327.00 $327.00 Flat and Elongated Particles (ASTM D47915) 1 per project 1 $144.00 $144.00 Fine Aggregate Angularity (CTM 234) 1 per project 1 $92.00 $92.00 Asphalt Binder Content (AASHTO T308, Method A) 1 per 750 tons 1 $256.00 $256.00 Ignition Oven Correction Factor 1 per mix 1 $595.00 $595.00 Theoretical Maximum Density (CTM 309) 1 per 750 tons 1 $286.00 $286.00 HMA Core Unit Weight/ Bulk Specific Gravity (CTM 308) if required $167.00 if required Slurry Seal
Sieve Analysis of Fine & Coarse Aggregate (C136) 1 per day 15 $190.00 $2,850.00 Sand Equivalent (ASTM D2419) 1 per day 15 $144.00 $2,160.00 Durability Index (CTM 229) 1 per day 15 $286.00 $4,290.00 Abrasion by LA Rattler 1 per day 15 $269.00 $4,035.00
Percent Crush Particles 1 per day 15 $189.00 $2,835.00
Viscosity - Emulsion (AASHTO T59) 1 every 5 days 3 $115.00 $345.00 Sieve Test - Emulsion (AASHTO T59) 1 every 5 days 3 $95.00 $285.00 Particle Charge - Emulsion 1 every 5 days 3 $165.00 $495.00 Residue by Evaporation - Emulsion (ASTM D244) 1 every 5 days 3 $110.00 $330.00 LABORATORY TESTING ESTIMATE $20,801.00

BSK SERVICES ADMINISTRATION HOURS RATE EXTENSION
Registered Engineer (Review, support and reporting) 6 $230.00 $1,380.00 Project Manager (Field Oversight, Daily Report Review) 8 $230.00 $1,840.00 Administration (Data Processing, Report Prep., Field Coordination) 4 $90.00 $360.00 Certified Payroll / DIR Upload Monthly 3 $300.00 $900.00 ADMINISTRATION ESTIMATE $4,480.00
TOTAL BUDGET ESTIMATE $48,701.00

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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).

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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
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.

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SHOREVIEW

SUGARLOAF

HILLSDALE

BERESFORD PARK

HAYWARD PARK

MARINA LAGOON

NORTHWEST HEIGHTS

NORTH CENTRAL

DOWNTOWN

WESTERN HILLS
±
Citywide Street Slurry Seal Package 2-A
Location Map
US 101
SR 92
ECR
ADLP
Hillsdale
Norfolk
Peninsula
US 101
SR 92
SR 92
ADLP
ECR
ECR
City of Burlingame
City of Belmont
City of Foster City
City of San Mateo

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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: 9 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 22-6549 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 06, 2022
SUBJECT:

Dale Avenue Pump Station Upgrade – Contingency Amendment RECOMMENDATION:

Approve an increase to the contingency reserve associated with the Anvil Builders, Inc. construction contract for the Dale Avenue Pump Station Upgrade project in the amount of $3,500,000 for a total of $5,500,000; and authorize the Public Works Director to issue change orders within the contingency amount.

BACKGROUND:

The Clean Water Program includes various projects to improve the City of San Mateo’s sanitary sewer system to improve flow management and increase capacity to prevent sanitary sewer overflows. Included in the Basins 2 and 3 project is the upgrade of the Dale Avenue Pumping Station (DAPS), which consists of the replacement of mechanical, electrical, and instrumentation equipment in the pump station, along with other upgrades and an increase in pump station capacity.

On October 7, 2019, City Council awarded an agreement with Anvil Builders, Inc. (Anvil) for construction of the DAPS Upgrade project in the amount of $20,142,000, established a contingency reserve of $2,000,000, and authorized the Public Works Director to execute the agreement and issue change orders within the contingency amount. The contingency reserve was established to address and mitigate potential unknowns that may arise during construction and was approximately 10% of the agreement value. To date, approximately $1.8 million of the contingency has been utilized to issue negotiated change orders, and additional change orders are under negotiation that are anticipated to require the remaining contingency amount. An increase to the contingency reserve is now requested because the remaining balance is not sufficient to address upcoming change orders that are still being designed, reviewed, and negotiated.

Based on the currently known and anticipated scope of work, staff has estimated a potential cost impact of approximately $3,000,000 to $3,500,000. The remaining contingency balance is not sufficient to issue a contract change order of this amount and time is of the essence to procure the necessary equipment due to lengthy vendor lead times. To reduce contract time extensions, streamline procurements, and provide flexibility for staff to negotiate contract change orders in a timely manner, staff recommends increasing the contingency reserve.

BUDGET IMPACT:

The initial authorized agreement with Anvil for construction was in the amount of $20,142,000. The original contingency reserve established was $2,000,000. This request increases the contingency by $3,500,000 to a total of $5,500,000.

Funding for this additional contingency amount is available within the Basins 2 & 3 Collection System Improvements project.

ENVIRONMENTAL DETERMINATION:

The work addressed by this administrative report is being undertaken to support the Clean Water Program. This project is

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subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

STAFF CONTACT
Deryk Daquigan, Engineering Manager
[email protected]
(650) 522-7287
Matt Fabry, Deputy Director
[email protected]
650 522 7309

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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: 10 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 22-6560 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 06, 2022
SUBJECT:

Temporary Standby Generator for Dale Avenue Pump Station Upgrade – Agreement RECOMMENDATION:

Adopt a Resolution approving an alternative purchasing procedure to enter into an agreement with Herc Rentals, Inc. for a temporary standby generator required to support the Dale Avenue Pump Station Upgrade project in an amount not-to- exceed $222,090.41 for an estimated period of ten months; establish a contingency reserve of $110,046; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

This City Council item was originally brought before the City Council as a consent calendar item at its regular meeting on August 15, 2022. However, the agenda report recommendation inadvertently omitted the adoption of a resolution for the approval of an alternative purchasing procedure. That procedure and the agenda report addressed an agreement with Herc Rentals, Inc. for the rental of a temporary standby generator for the Dale Avenue Pump Station (DAPS) Upgrade project. This City Council action remedies the inadvertent error in the August 15, 2022 agenda report.

The Basins 2 & 3 Collection System Improvements (Basins 2 & 3) is a Clean Water Program project that increases capacity and improves flow management to prevent sanitary sewer overflows in several areas throughout the City, including at DAPS. The DAPS Upgrade project comprises force main refurbishment, pump station equipment upgrades, and replacement of the existing emergency standby generator.

In October 2019, City Council awarded an agreement to Anvil Builders, Inc. (Anvil) to construct the DAPS Upgrade project.

Much of Anvil’s scope is nearly complete; however, there is still work associated with installation of the permanent emergency standby generator. The emergency standby generator at DAPS provides backup power supply for the pumps and facility during a power failure scenario. Due to permitting requirements to comply with the latest air quality emission standards, installation of the new emergency standby generator will take approximately ten more months to complete.

While installing the new generator, a temporary standby generator is required to ensure continuous power capability.

To date, Anvil has utilized Herc Rentals, Inc. (Herc) as a subcontractor to provide a temporary generator for the DAPS Upgrade project. Anvil includes an industry standard 18% markup on the temporary generator costs to facilitate their subcontract with Herc. Since a temporary generator will be required for approximately ten more months, it is proposed that the temporary generator be procured directly by the City to save on markup costs, which equate to approximately $3,800 per month.

Staff requested quotes from four temporary generator rental vendors. The only response and quote received was from Herc. Therefore, staff recommends awarding an agreement to Herc, and establishing a contingency of $110,046 to cover

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the rental costs for five additional months, if needed.

Pursuant to San Mateo Municipal Code section 3.60.070(h)(3), the City Council may approve other alternative purchasing procedures upon a finding by the City Council prior to or concurrent with the award of contract that the procedures are in the best interests of the City for the particular contract. Based on the above facts, staff recommends that City Council adopt a resolution approving an alternative purchasing procedure based on a finding that it is in the best interests of the City and approve the continued rental of an emergency generator from Herc Rentals, Inc.

BUDGET IMPACT:

Sufficient funds are available in the Basins 2 and 3 Collection System Improvements project to fund the agreement with Herc Rentals, Inc.

ENVIRONMENTAL DETERMINATION:

The resolution addressed by this administrative report is being undertaken to support the Clean Water Program. This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement

STAFF CONTACT
Deryk Daquigan, Engineering Manager
[email protected]
(650) 522-7287
Matt Fabry, Deputy Director
[email protected]
650 522 7309

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CITY OF SAN MATEO
RESOLUTION NO. (2022)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT WITH HERC RENTALS, INC. FOR A TEMPORARY EMERGENCY STANDBY GENERATOR REGARDING THE DALE AVENUE PUMP

STATION
WHEREAS, the Dale Avenue Pump Station (DAPS) Upgrade Project comprises force main refurbishment, pump station equipment upgrades, and replacement of the existing standby generator; and
WHEREAS, due to permitting requirements to comply with the latest air quality emission standards, installation of the new emergency standby generator will take approximately ten more months to complete; and
WHEREAS, while installing the new generator, a temporary emergency standby generator is required to ensure continuous power capability; and
WHEREAS, staff requested Anvil Builders, Inc., the contractor for the project, to facilitate the rental of a temporary emergency standby generator, which includes an 18% markup; and WHEREAS, the markup of the temporary emergency standby generator rental would cost less if the City directly procured the rental; and
WHEREAS, the City requested written quotes from four vendors and received one response from Herc Rentals, Inc.; and
WHEREAS, in accordance with Municipal Code section 3.60.070(h)(3), the City Council may approve other alternative purchasing procedures upon a finding by the City Council prior to or concurrent with the award of contract that the procedures are in the best interests of the City for the particular contract; and
WHEREAS, City staff recommends approval of an agreement with Herc Rentals, Inc. for the continued rental of a temporary emergency standby generator for the Dale Avenue Pump Station because it is competitively priced and ensures safe operations until a new generator is installed.

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

1. The agreement addressed by this administrative report is being undertaken to support the Clean Water Program. This project is subject to the requirements of the California Environmental Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016.

2. In accordance with Municipal Code section 3.60.070(h)(3), the proposed agreement with Herc Rentals, Inc. is in the best interest of the City because:

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a) An emergency standby generator located at the Dale Avenue Pump Station needs to be replaced to satisfy regulatory compliance; and
b) Herc Rentals, Inc. has supplied a temporary emergency standby generator at a competitive price through Anvil Builders, Inc.; and
c) The City requested written quotes from four rental vendors, and received one written quote from Herc Rentals, Inc.; and
d) Procuring a temporary emergency standby generator directly from Herc Rentals, Inc. would save the City from contractor markup costs.

3. The agreement with Herc Rentals, Inc., for the supply of a temporary emergency standby generator, in an amount not to exceed of $222,090.41, with a contingency of $110,046, is approved.

4. The Public Works Director is authorized to execute the agreement on behalf of the City and issue change orders within the contingency amount in substantially the form submitted.

5. The City Council action of August 15, 2022 approving the subject agreement with Herc Rentals, Inc. is hereby rescinded.

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TERMS AND CONDITIONS

1. NO SUBSTITUTIONS accepted without approval of City of San Mateo (“City”).

2. Prices must be F.O.B. destination. DO NOT ship collect.

3. The City is EXEMPT from payment of FEDERAL EXCISE TAX under Chapter 32, IRS Code. Federal Tax ID #94-6000422. Items are for the exclusive use of the City and not for resale.

4. MAIL invoices in duplicate to:

City of San Mateo, 330 W 20th Ave, San Mateo, CA 94403

5. The Lessor assumes all risks in connection with the merchandise ordered until delivery to City as specified and accepted by City.

6. Merchandise is subject to inspection and test by City at the place of destination. If any merchandise is found at any time to be defective or nonconforming, the City, in addition to all other rights, shall have the right, in whole or in part, to reject and return the merchandise at Lessor’s expense and to receive full credit for it, or to require its replacement without additional cost to City.

7. City may terminate this agreement and be relieved of the payment for any consideration if Lessor fails to perform the terms of this contract at the time and in the manner required. The cost to City shall be deducted from any sum due the Lessor under this agreement, and the balance, if any, shall be paid to the contractor upon demand.

8. Lessor warrants that all goods and services supplied to City hereunder are fit for City’s intended purpose, are free from design defects, are good quality, and free from defects in material and workmanship, and do not infringe upon any patents, trademarks, copyrights, trade secrets, or other industrial or intellectual property rights. These warranties shall survive any inspection, delivery, and acceptance. All goods and services provided to City shall comply with all federal, CAL OSHA, and local safety rules and regulations.

9. Billing shall occur on the date of acceptance of the merchandise or on the date of receipt of invoice, whichever is later.

10. Waiver. City’s waiver of a breach of term is not deemed a waiver of any subsequent breach of the same term.

11. Cost of Litigation. If legal action is necessary to enforce this contract, the prevailing party is entitled to receive all costs and expenses including reasonable attorney’s fees and reasonable costs of arbitration or litigation up to a maximum of $5,000.

12. No Subcontracting or Assignment. Lessor shall not subcontract the purchase contemplated by this agreement, or assign this agreement, without City’s prior express written authorization.

13. Invalidity. In the event any provision or portion of this agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of the agreement shall remain in full force and effect.

14. Entire Contract. This is the entire agreement between the parties.

Any modification must be in writing and signed by all parties.

15. Termination. If provider fails to perform at the time and in the manner required by this contract, City may terminate the contract by giving written notice to Lessor and paying the reasonable and proportionate amount for services already provided.

16. In the event of any inconsistency or conflict between the language of these terms and conditions and any other document or attachment hereto, the language of these terms and conditions shall control.

17. Interest of Contractor. Lessor 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.

18. Contractor's Status. It is expressly agreed that in the performance of the services required under this Agreement, Lessor shall at all times be considered an independent contractor 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 Lessor an agent or employee of City while providing services under this Agreement.

19. Indemnity. Lessor 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 Lessor’s performance of this Agreement, except for those claims arising out of City’s sole negligence or willful misconduct. Lessor agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.

20. Non-Discrimination. Lessor warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither Lessor nor any of its subcontractors 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.

21. 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 California State Board of Mediation and Conciliation, or other agreed-upon service.

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.

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

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

To City: City of Sa n Mateo, 330 W 20th Ave, San Mateo, CA 94403
To Lessor: Herc Rentals, 7727 Oakport Street, Oakland, CA 94621

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.

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

CITY OF SAN MATEO
________________________________
Name: __________________________
Title: ___________________________
Dated: __________________________

Lessor: ________________________________
Name: ________________________________
Title: ________________________________
Dated: ________________________________

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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 Account Number: 10-1311 File ID: 22-6423-01 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: September 6, 2022
SUBJECT:

Disposable Food Service Ware Amendments – Ordinance Adoption RECOMMENDATION:

Adopt an Ordinance to amend San Mateo Municipal Code Chapter 5.89 “Disposable Food Service Ware Ordinance” to recodify a hardship exemption and eliminate duplicative language to correct a clerical error.

BACKGROUND:

On August 15, 2022, the City Council introduced the attached ordinance to correct a clerical error, recodifying San Mateo Municipal Code Section 5.89.060 “Case-by-Case Consideration of Requests for Hardship Exemption,” and removing the duplicate section 5.89.060 “Authorization for County Enforcement.” BUDGET IMPACT:

There is no budget impact for taking this action.

ENVIRONMENTAL DETERMINATION:

This ordinance amendment is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Ordinance

STAFF CONTACT
Andrea Chow, Sustainability Analyst
[email protected]
(650) 522-7007

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DRAFT ORDINANCE
Amending Chapter 5.89 “Disposable Food Service Ware” of the San Mateo Municipal Code WHEREAS, an existing ordinance addressing food service ware is codified at Chapter 5.89 of the San Mateo Municipal Code; and
WHEREAS, the ordinance was amended on April 4, 2022 to align with state laws regulating food packaging; and
WHEREAS, the ordinance amendment unintentionally removed San Mateo Municipal Code Section

5.89.060 “Case-by-Case Consideration of Requests for Hardship Exemption” and replaced it with language that duplicated Section 5.89.070 “Authorization for County Enforcement;” and WHEREAS, this draft ordinance corrects this clerical error by re-codifying San Mateo Municipal Code Section 5.89.060 “Case-by-Case Consideration of Requests for Hardship Exemption” and eliminating the duplicative provision authorizing County enforcement.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

Section 1. Section 5.89.060 of the San Mateo Municipal Code is amended as follows:

5.89.060 Case-by-Case Consideration of Requests for Hardship Exemption (a) Grounds for an exemption. An exemption from any of the provisions of this Chapter may be granted by the City upon demonstration by a Food Facility to the satisfaction of the City that strict application of the requirements would cause undue hardship. An “undue hardship” includes, but is not limited to the following:
(1) A situation unique to the Food Facility where a suitable alternative that conforms with the requirements detailed in Section 5.89.030 (a), (b), (d), and (e) does not exist for a specific application. (2) Imposing the provisions of this Chapter would cause significant economic hardship. “Significant economic hardship” may be based on, but not limited to, demonstrating that suitable Disposable Food Service Ware is not available at a commercially reasonable price and the additional cost associated with providing the Disposable Food Service Ware is particularly burdensome to the Food Facility based on the type of operation(s) affected, the overall size of the business/operation, the number, type and location of its facilities, the impact on the overall financial resources of the Food Facility, and other factors. Reasonable added cost for a suitable item as compared to a similar item that the Food Facility can no longer use shall not by itself constitute adequate grounds to support an exemption for such item. In determining whether a significant economic hardship has been established, the City shall consider the following information: ability of the Food Facility to recover the additional expense by increasing its prices; the availability of tax credits and deductions; outside funding; and other options.

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(b) Request for an exemption. A request for an exemption from the requirements of this Chapter shall include all information deemed necessary by the City to render a decision, including but not limited to documentation showing the factual support for the requested exemption. A request for an exemption may be approved by the City, in whole or in part, with or without conditions. The duration of the exemption, if granted, shall also be determined by the City.

Section 2. Environmental Determination. This ordinance amendment is not a project subject to CEQA, because it can be seen with certainty that it will not cause a physical change in the environment. (Public Resources Code Section 21065.)
Section 3. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

Section 4. Publication. This Ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.

Section 5. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption.

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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: 12 Section Name: CONSENT CALENDAR Account Number: 10-3134 File ID: 22-6594 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: September 06, 2022
SUBJECT:

Unpaid Code Enforcement Abatement Costs and Citations – 2022 Proposed Property Tax Liens RECOMMENDATION:

Adopt a Resolution to approve the list of properties proposed for tax liens for unpaid Code Enforcement abatement costs and citations, and direct staff to forward the list to the San Mateo County Controller’s Office to be included in the current year tax roll.

BACKGROUND:

TAX LIENS
This item was originally brought before the City Council as a consent calendar item at its regular meeting on July 18, 2022.

However, the agenda report recommendation inadvertently omitted the adoption of a resolution for the approval of the list of properties proposed tax liens for unpaid Code Enforcement abatement costs and citations, although it did direct staff to forward the list to the San Mateo County Controller's Office to be included in the current year tax roll. This item corrects the inadvertent omission, and the proposed resolution has been updated to reflect the fact that all but two of the outstanding amounts due have been paid.

That procedure and the agenda report addressed administrative citations and abatement costs that are intended to be a source of cost recovery for the City as it relates to providing code enforcement services. The City of San Mateo adopted Municipal Code Section 7.42.050 in 1990 to allow for unpaid fees and citations to be collected by the San Mateo County Assessor on the tax roll in the same manner as City general taxes. The City began using this collection method in 2000. This was the beginning of a successful annual process to collect fees that are imposed when property owners allow nuisance violations to exist at their properties and do not correct the conditions creating the violations after multiple directives to do so from the City’s Code Enforcement staff.

The proposed list of properties identified for tax lien for uncollected Code Enforcement citations and abatement costs for fiscal year 2021-22 is included as Exhibit A to the proposed resolution (Attachment 1). Citations are typically issued for those types of violations creating exterior blight at a property, while other abatement costs are incurred when the City takes action to abate a violation when a property owner fails to do so, including repeat violations at the same property.

When a citation or fee that was imposed during case processing remains unpaid, the code enforcement officer sends a letter to the owners informing them that the fees previously billed are due and payable. This fiscal year, 11 administrative citations were issued, and two (2) properties have costs associated with abatement. Of those 11 administrative citations, five (5) have been paid and six (6) are outstanding. The abatement costs for the two (2) properties have not been paid.

Property owners with outstanding balances were sent notifications that their property would appear on the tax lien list if payment was not received by July 15, 2022. The notice included that the City Council would review and finalize the list during the July 18, 2022, regularly scheduled meeting. Since the July 18 Council meeting, staff has received payment for all

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but two of the outstanding amounts due. Staff has provided another notice to the remaining two property owners of the proposed Council action on September 6, 2022, similar to the notice they previously received.

Exhibit A of the proposed resolution provides the status of unpaid and delinquent administrative citations and abatement costs as of August 25, 2022. It is anticipated that payments may be made up until the date of the Council meeting on September 6, 2022. Staff will provide an updated attachment on the date of the meeting to ensure the list is current when reviewed by the City Council.

BUDGET IMPACT:

This year’s tax lien list as of July 13, 2022 totals $1,646.32. The actual amount may change depending on payments made after that date. The City has collected $1,300 in administrative citations during the period of July 2021 through July 13, 2022.

ENVIRONMENTAL DETERMINATION:

This resolution 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 and Exhibit A

STAFF CONTACT
Christine Civiletti, Code Enforcement Manager
[email protected]
(650) 522-7154

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CITY OF SAN MATEO
RESOLUTION NO. _____ (2022)

APPROVING PROPERTY TAX LIENS FOR UNPAID CODE ENFORCEMENT ADMINISTRATIVE CITATIONS,

UPAID ABATEMENT COSTS, AND ADMINISTRATIVE FEES

WHEREAS, pursuant to San Mateo Municipal Code section 7.42.050, the City Manager is authorized to forward amounts of assessments levied against properties during the preceding twelve months to the San Mateo County Assessor for collection on the tax rolls; and WHEREAS, pursuant to San Mateo Municipal Code section 7.42.040, prior to doing so, the City Council will hear all objections to the costs reported, the proposed assessments against properties, and may approve or modify the costs reported as it deems appropriate; and WHEREAS, a public hearing was duly noticed, as required by San Mateo Municipal Code section

7.42.030, to consider whether certain unpaid administrative citations, abatement costs, and administrative fees related to municipal code enforcement actions should be placed on the San Mateo County equalized tax roll for collection with real property and other taxes; and WHEREAS, the City Council received the report from City staff and all other items and comments offered on the issue.

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

1. This Council Action is not subject to CEQA review 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 lists of proposed properties for tax lien for Unpaid Code Enforcement Administrative Citations and Abatement Fees, set forth in the attached Exhibit A, is approved, made and confirmed and shall constitute a special assessment against the property designated and if unpaid, shall constitute a lien against the property for the amount assessed as of the date of this resolution, until paid.

3. Pursuant to San Mateo Municipal Code section 7.42.050, this Resolution, including the list of liens and assessments, shall be delivered to the San Mateo County Controller’s Office for collection on the current year tax roll in the same manner as for general property taxes.

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Exhibit A
2022 PROPOSED PROPERTY TAX LIEN LIST FOR

UNPAID ADMINISTRATIVE CITATIONS AND ABATEMENT COSTS
Property Owner(s) Property Address City, State, Zip APN AMOUNT Date Cited/Charges incurred Citation# Owner Address City, State, Zip Winnie Pereira 864 Kathryne Ave San Mateo, CA 94401 033343130 $400.00 07/23/21 1908 864 Kathryne Ave San Mateo, CA 94401 Elizabeth Kioa &/or Taiman 109 S. Humboldt St San Mateo, CA 94401 033132140 $323.16 9/2021, 12/2021, 3/2022, 6/2022 Garbage abatement 109 S. Humboldt St San Mateo, CA 94401 TOTAL $723.16
https://cityofsanmateoorg-my.sharepoint.com/personal/cciviletti_cityofsanmateo_org/Documents/Council ARs/2022 Tax Lien/2022 Unpaid citations and abatement updated 8-25-2022 Updated 8/25/2022

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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: 13 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 22-6599 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: September 06, 2022
SUBJECT:

Community Relations Commission Appointment Subcommittee – Appointment Recommendation RECOMMENDATION:

Appoint Noopur Vyas Anand to the Community Relations Commission vacancy for a full first term through June 10, 2026, and place Allison Fitzgerald on the eligibility list for one year, should another vacancy occur.

BACKGROUND:

On August 29, 2022, the Appointment Subcommittee, consisting of Mayor Rick Bonilla and Council Member Eric Rodriguez, with Housing and Neighborhood Services Manager Eloiza Murillo-Garcia advising, interviewed applicants to fill the vacancy on the Community Relations Commission left by Nicole Fernandez on June 10, 2022.

The Appointment Subcommittee interviewed the following applicants:
•Allison Fitzgerald
•Noopur Vyas Anand
•John Medina
•Thomas Lease
The Appointment Subcommittee recommends Noopur Vyas Anand be appointed to the Community Relations Commission vacancy and Allison Fitzgerald be placed on the eligibility list for one year, should another vacancy occur.

BUDGET IMPACT:

There is no budget impact from this administrative action.

ENVIRONMENTAL DETERMINATION:

This item 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 - Boards, Commissions and Committees List

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STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044

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Updated 8/22/2022
Boards, Commissions & Committees List

Term
Date
Appt’d
Term
Expires Term
Date
Appt’d
Term
Expires

COMMUNITY RELATIONS COMMISSION (650) 522-7220
Meeting: 3rd Wednesday, 7:00 p.m. City Hall (Room C)

1 Sheri Boles 07-19-21 06-10-26
1 Meghan Crowell 06-10-21 06-10-25
2 Vacant 12-02-13 06-10-22
1 Jerold Nugent, Chair 06-10-20 06-10-24
1 Sharrie Overall, Vice Chair 06-10-20 06-10-24

PLANNING COMMISSION (650) 522-7212
Meeting: 2nd & 4th Tuesdays, 7:00 p.m. Council Chambers

2 John Ebneter, Vice Chair 06-01-15 06-10-25
1 Adam Nugent 07-19-21 06-10-25
1 Seema Patel 06-10-21 06-10-26
1 Margaret Williams, Chair 07-15-19 06-10-23
0 Martin Wiggins 06-18-18 06-10-24

LIBRARY BOARD (650) 522-7802
Meeting: 4th Monday, 5:30 p.m. Main Library Cedar Rm.

2 Elizabeth De Winter 07-20-15 06-10-23
1 Lisa Diaz Nash 09-17-18 06-10-25
0 Rod Linhares, President 02-16-21 06-10-24
1 Austin Volz, Vice President 01-03-22 06-10-26
0 Shaylona Wheeler 01-03-22 06-10-25

SENIOR CITIZENS COMMISSION (650) 522-7400
Meeting: 2nd Monday, every other month beginning in January 4:00 p.m. San Mateo Senior Center

0 Vacant 01-18-22 06-10-25
0 Liz Foreman 09-20-21 06-10-23
2 Monika Lee, Vice Chair 07-18-16 06-10-24
1 Ellen Wang, Chair 07-20-20 06-10-24
2 Mary Webb 02-17-15 06-10-26

PARK AND RECREATION COMMISSION (650) 522-7400
Meeting: 1st Wednesday, 7:00 p.m. City Hall (Room C)

1 Sarah Fields 06-10-21 06-10-25
0 Lindsey Held, Vice Chair 07-20-20 06-10-23
2 Eric Holm, Chair 10-06-14 06-10-23
2 J. Christopher Massey, Chair 09-21-15 06-10-26
2 Heather Wolnick 07-17-17 06-10-25
SUSTAINABILITY & INFRASTRUCTURE (650) 522-7153

COMMISSION
Meeting: 2nd Wednesday, 7:00 p.m. Council Chambers

1 Adam Loraine 07-20-20 06-10-24
0 Kimi Narita 04-05-21 06-10-23
1 Sigalle Michael 08-15-22 06-10-26
2 Clifford S. Robbins, Chair 08-06-18 06-10-26
1 Susan Rowinski, Vice Chair 08-06-18 06-10-25

PERSONNEL BOARD (650) 522-7260
Meeting: 3rd Tuesday, 7:00 p.m. City Hall (Room C)

1 Caiti Busch 06-10-21 06-10-25
1 Debra Kaiser 06-10-21 06-10-25
2 Gayle Murphy, Chair 07-20-15 06-10-26
1 Robert Newsom, Vice Chair 08-19-19 06-10-23
1 Tony Villanueva 01-19-21 06-10-24
YOUTH ACTIVITIES COUNCIL (YAC) (650) 522-7432
Meets twice a month, Coordinator: Brandon Parra

Youth from the following schools represent the voice of San Mateo teens: Aragon – Hillsdale – Serra – San Mateo

MOSQUITO & VECTOR CONTROL DISTRICT
(650) 573-8358

1 Ed Degliantoni 09-21-15 12-31-21

0 = appointed to unscheduled opening, eligible to serve a first full term 1 = in first term currently
2 = in second (final) term currently

Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, please contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.

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Updated 8/22/2022

Term
Date
Appt’d
Term
Expires

MEASURE S OVERSIGHT COMMITTEE (650) 522-7040
Meeting: 3rd Tuesday of the 2nd month of the quarter (February, May, August, November) at 6:00 p.m. City Hall (Room C)

2 Naomi Chin-Fuen Hsu 02-05-18 06-10-24
2 Richard W. Hedges, Vice Chair 02-05-18 06-10-26
2 Thomas Morgan 02-05-18 06-10-25
2 Lisa Diaz Nash, Chair 02-05-18 06-10-26
1 Vince Siminitus 11-01-18 06-10-23

CIVIC ARTS COMMITTEE (650) 522-7164
Meeting: 2nd Monday, every other month beginning in January, 4:00 p.m. City Hall (Room C)

Robert Gooyer
Seema Patel
Ginger Slonaker
Stephen Tabler, Chair
Dianne Whitaker, Vice Chair

INVESTMENT ADVISORY COMMITTEE (650) 522-7100
Meeting: 3rd Thursday of Jan/Apr/Jul/Oct at 3:30 p.m., City Hall (Room C)

Jeff Adams
Michael Carney
Chris deLong
Mark Moroni
Margaret Taylor, Chair

GENERAL PLAN SUBCOMMITTEE
Meeting: Varies

Eric Rodriguez (City Council Member)
Rick Bonilla (City Council Member)
Seema Patel (Planning Commissioner)
Adam Nugent (Planning Commissioner)
Heather Wolnick (Park and Recreation Commissioner)
Ken Chin (San Mateo Foster City School Board Member)

Board and Commission Members are appointed by the City Council. To apply for future vacancies, or for further information, please contact the City Clerk. Members serve a four-year term of office. Qualifications: Registered Voter of the City of San Mateo.

/s/ PATRICE M. OLDS, CITY CLERK

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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: 14 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 22-6600 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 06, 2022
SUBJECT:

Wastewater Treatment Plant Immediate Action Projects, Package II – Amendment RECOMMENDATION:

Approve Amendment No. 6 to the agreement with Stantec Consulting Services, Inc., to provide professional design and engineering services during construction for Immediate Action Projects Package II in the amount of $30,000, to revise the total agreement amount not to exceed $1,592,403.46; extend the term through December 31, 2022; and authorize the Public Works Director to execute the amendment in substantially the form presented.

BACKGROUND:

The Clean Water Program (CWP) includes significant infrastructure upgrades at the Wastewater Treatment Plant (WWTP).

The Immediate Action Projects Package II (IAP-II) includes scope to improve the aging solids handling systems at the WWTP. In August 2017, the City executed a professional design services agreement in the amount of $876,000 with Stantec Consulting Services, Inc. (Stantec) for IAP-II. Amendment 2 was executed in March 2019, adding $517,930 for additional design services and engineering services during construction (ESDC). Amendment 3, executed in May 2021, added $79,800 for additional ESDC due to delays in the construction schedule and extended the agreement through December 31, 2021.

The IAP-II project has continued to experience multiple challenges leading to additional construction delays, resulting in an extended timeframe during which Stantec's ESDC are necessary. As a result, Amendment 3, executed in December 2021, extended the term of Stantec's agreement through March 31, 2022 at no additional cost. Amendment 4 extended the term for a month, through April 2022, to allow time to bring Amendment 5 to the City Council, which added $88,673.46 for additional ESDC and extended the agreement term to September 15, 2022. The proposed Amendment 6 would add an additional $30,000 for a new total not-to-exceed cost of $1,592,403.46 and extend the agreement through December 31, 2022.

BUDGET IMPACT:

Approving Amendment 6 will increase Stantec's not-to-exceed agreement amount by $30,000 for a revised total agreement amount not to exceed $1,592,403.46. The IAP-II project budget includes sufficient remaining unencumbered funds to fund this expense.

ENVIRONMENTAL DETERMINATION:

The Council adopted the Final Programmatic EIR for the Clean Water Program on June 6, 2016. In addition, under section 15301 of the CEQA Guidelines, IAP-II is categorically exempt from CEQA review as repairs and maintenance of existing facilities and equipment with negligible or no expansion in use.

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NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Amendment No. 6

STAFF CONTACT
Matt Fabry, Deputy Director
[email protected]
650 522 7309

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1 AMENDMENT NO. 6 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
Stantec Consulting Services, Inc. FOR
Immediate Action Projects Package II
($876,000 [Original Amount], $517,930 [Amendment 1], $79,800 [Amendment 2], $0 [Amendment 3], $0 [Amendment 4], $88,673.46 [Amendment 5]), $30,000 [Amendment 6])
W
HEREAS, the City of San Mateo (“CITY”), a municipal corporation of the State of California, and Stantec Consulting Services, Inc. (“CONSULTANT”), entered into an Agreement for Professional Consulting Services (“Agreement”) on August 29, 2017 for the WWTP Immediate Action Project Package II (“Project”); and W
HEREAS, the Agreement includes CONSULTANT’s design services for a sludge cake hopper and cake pumping system to be located at the CITY’s wastewater treatment plant; and
W
HEREAS, challenges related to the design and/or construction have resulted in a non-functional sludge cake hopper and cake pumping system; and W
HEREAS, CITY and CONSULTANT are assessing potential solutions to address these challenges; and
W
HEREAS, CITY and CONSULTANT agree that CONSULTANT’s services are still required for the Project; and
W
HEREAS, the CITY and CONSULTANT desire to further amend the Agreement by extending the term through December 31, 2022, and adding $30,000 in funding for CONSULTANT’s design engineering services required to complete the construction of the Project that are unrelated to any alleged errors or deficiencies on behalf of either party; and
W
HEREAS, this Amendment is not an admission of responsibility or any waiver of claims by the CITY or the CONSULTANT, including but not limited to CONSULTANT’s claims for compensation for Task 6 Construction Phase Services related to the sludge cake hopper and cake pumping system, which CITY contends are not reimbursable because the services were required to correct alleged error or deficiencies of CONSULTANT.

N
OW, THEREFORE, the parties agree as follows:

1. S
ection 8, “Payment,” of the Agreement, first paragraph is amended to read:
“
Payment shall be made by the 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 performances of the

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2 services and any reimbursable expenses set forth in this Agreement, CITY agrees to pay CONSULTANT a fee based on verified time and materials not to exceed $1,592,403.46. Requests for payments shall be itemized and correspond to the various items of work described in the Scope of Project, inclusive of the current Scope of Services as provided therein, and shall be based on the rate and cost schedule previously established.”

2. Section 7, “Term, Progress and Completion,” of the Agreement, first paragraph, is amended to read:

“The services to be performed under this Agreement shall commence and be completed by no later than December 31, 2022.”

3. The remaining terms of the Agreement remain in full force and effect.

CITY OF SAN MATEO CONSULTANT
Stantec Consulting Services, Inc.

______________________________ ___________________________________ Azalea Mitch, Kari D. Shively, PE
Public Works Director Vice President

Date: ____________________ Date: ____________________

Approved as to Form:

_____________________________
Linh P. Nguyen, Assistant City Attorney

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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 Account Number: 10-2011 File ID: 22-6603 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Finance Department
MEETING DATE: September 06, 2022
SUBJECT:

Temporary Accounting Services Agreement – Amendment
RECOMMENDATION:

Approve Amendment No. 1 to an agreement between the City and Maze & Associates for temporary accounting services in the amount of $81,761 for a new agreement total of $225,876.

BACKGROUND:

On May 2, 2022, the City Council approved an agreement with Maze & Associates (Maze) to provide temporary accounting services to support implementation of a new Governmental Accounting Standards Board (GASB) Statement No. 87 and the year-end audit. The amount of hours that are currently estimated to be needed to support the Finance Department are greater than what was assumed in the agreement, and staff estimates that in order to provide the necessary support to complete the year-end audit, additional contract authority of $81,761, which includes a 20% contingency, will be needed.

Based on the above, staff recommends approval of Amendment No. 1 to the agreement between the City and Maze.

BUDGET IMPACT:

No additional budget appropriations are being requested. Staff backfill costs related to implementation of the enterprise resource planning system (ERP) will utilize budget from staff vacancy savings.

ENVIRONMENTAL DETERMINATION:

This agreement amendment 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 No. 1
Att 2 - Agreement between the City of San Mateo and Maze & Associates

STAFF CONTACT
Rich Lee, Director, Finance
[email protected]
(650) 522-7102

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Contract Amendment Page 1 of 2
Rev 7/21
7 1
7 0
AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND

MAZE & ASSOCIATES FOR
ACCOUNTING SERVICES FOR TEMPORARY SUPPORT DURING ERP IMPLEMENTATION, GASB 87

IMPLEMENTATION, AND YEAR-END CLOSING SUPPORT
($144,115 [Original Amount] / $81,761 [added amount])
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Maze & Associates (“Maze”), entered into an Agreement for accounting services for temporary support during ERP implementation, GASB 87 implementation, and year-end closing support (“Agreement”) on May 19, 2022; and
WHEREAS, City and Maze wish to amend the Agreement effective September 6, 2022 to increase compensation of this Agreement.

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. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee not to exceed the amount of $225,876, pursuant to rates stated in Exhibit B, 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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Contract Amendment Page 2 of 2
Rev 7/21
7 1
7 0
IN WITNESS WHEREOF, CITY OF SAN MATEO and MAZE & ASSOCIATES have executed this Amendment No. 1 on ___________________.

CITY OF SAN MATEO CONTRACTOR
Drew Corbett
City Manager
Date Timothy Krisch
Its Authorized Agent
Chief Executive Officer
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)
Linh Nguyen
Assistant City Attorney
Date Katherine Yuen Krisch
Vice President
Date

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AGREEMENT WITH MAZE & ASSOCIATES

FOR ACCOUNTING SERVICES
FOR
TEMPORARY SUPPORT DURING ERP IMPLEMENTATION, GASB 87 IMPLEMENTATION, AND YEAR-END

CLOSING SUPPORT

This Agreement, made and entered into this day of _________ 2022, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California ("CITY"), and MAZE & ASSOCIATES, a corporation ("CONTRACTOR"), whose address is 3478 Buskirk Avenue, Suite 215, Pleasant Hill, CA 94523.

RECITALS:

A. CITY desires certain accounting services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these accounting services by reason of its qualifications and experience for performing such services and CONTRACTOR 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 CONTRACTOR under this Agreement is as described in Exhibit A to this Agreement, which is attached and incorporated by reference.

SECTION 2 - DUTIES OF CONTRACTOR

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

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

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

CONTRACTOR 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 CONTRACTOR and shall render decisions pertaining thereto promptly, to avoid unreasonable delay in the progress of CONTRACTOR'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, 2022.

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 CONTRACTOR a fee not to exceed the amount of $144,115, pursuant to rates stated in Exhibit B, 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 CON TRACTOR. CONTRACTOR agrees to cease all work under this Agreement upon receipt of said written notice.

SECTION 7 - OWNERSHIP OF DOCUMENTS

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

SECTION 9 - INTEREST OF CONTRACTOR

CONTRACTOR 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.

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SECTION 10 - CONTRACTOR'S STATUS

It is expressly agreed that in the performance of the services required under this Agreement, CONTRACTOR shall at all times be considered an independent contractor 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 CONTRACTOR an agent or employee of CITY while providing services under this Agreement.

SECTION 11 - INDEMNITY

CONTRACTOR 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 CONTRACTOR’s performance of this Agreement, except for those claims arising out of CITY’s sole negligence or willful misconduct. CONTRACTOR agrees to defend City, its elected and appointed officials, employees, and agents against any such claims.

SECTION 12 - INSURANCE

Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement

SECTION 13 - NONASSIGNABILITY

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

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR

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

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SECTION 16 - 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 provision 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 17 - NON-DISCRIMINATION

CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors 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 18 - 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.

SECTION 19 - LITIGATION

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

SECTION 20 - NOTICES

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

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To CITY: Rich Lee
City of San Mateo
330 W 20th Ave
San Mateo, CA 94403

To CONTRACTOR: Maze & Associates
Attn: Katherine Yuen Krisch
3478 Buskirk Ave
STE 215
Pleasant Hill, CA 94523

SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

This document represents the entire and integrated agreement between CITY and CONTRACTOR 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 CONTRACTOR.

SECTION 22 - 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.

[SIGNATURE PAGE FOLLOWS]

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T 925.930.0902
Accountancy Corporation F 925.930.0135
3478 Buskirk Avenue, Suite 215 E [email protected] Pleasant Hill, CA 94523 W mazeassociates.com
April 7, 2022
R
ich Lee
Finance Director
City of San Mateo
330 W. 20th Ave.

San Mateo, CA 94403
D
ear Rich:

W
e are pleased to confirm our understanding of the additional services we are to provide for the City of San Mateo. This serves as an addendum to our Consultant Agreement dated July 22, 2021 please refer to that contract for our general terms and conditions.

We w
ill continue to provide various accounting services for the City as deemed necessary up to 40 hours per week, from April 1, 2022 through September 30, 2022. The work is scheduled to be performed by Cindy Kato. Her billing rates for the above period are $110 per hour in April and $114 per hour from May to September.

I
n addition, we will provide the following services for the City as deemed necessary for the City, for the period April 1, 2022 through September 30, 2022:
• Support services for implementation of GASB 87. This task will be performed by Alex Lam at a r
ate of $145/hr.
• Support services for the fiscal year 2021-22 year-end audit. In addition to Cindy Kato and Alex L
am, Maria Munoz will also assist with this task at a rate of $160/hr.

T
he total contracted fees will not exceed $144,115 for the period outlined above.

T
hank you for your attention to this matter, and please contact me with any questions that you may have.

Y
ours very truly,
Maze &
Associates
R
ESPONSE:

T
his letter correctly sets forth the understanding of the City.

By
: ________________________________________
T
itle: ________________________________________
D
ate: ________________________________________

EXHIBIT A

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EXHIBIT B
FY22 Year-End Closing Assistance
2021 2022 2022 2022
Actual Estimated Hourly Estimated
Hours Hours Rate Project Cost
September Alex 10 15 145 2,175$
August Katherine 5 -
Maria 56 91.5 160 14,640
Alex 76 114 145 16,530
Senior Associate 8.5 12.75 120 1,530
July Maria 4 6 160 960
Alex 16 24 145 3,480
Senior Associate 2.5 3.75 120 450
178 267 39,765$
GASB 87 Implementation
Calculation Capitalization
of of Leases
Initial Initial that are
Evaluation Measurement above Threshold
Estimated Number of Leases 15 10 3
Hours per lease 2 5 10
30 50 30 110 Estimated Hours
145$ Alex's Hourly Rate
15,950$
Average
Number
Temporary Acccounting Support Hourly rate of Hours Monthly Cost April 110$ 130 14,300$ May 114 130 14,820 June 114 130 14,820 July 114 130 14,820 Aug 114 130 14,820 Sept 114 130 14,820 88,400$
Year-end closing assistance 39,765$
GASB 87 Implementation 15,950$
Temporary accounting support 88,400$
Total not to exceed amount 144,115$

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EXHIBIT C

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 Contractor 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 Limit s, 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 C ontractor’s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate If the contractor maintains higher limits than the minimums shown above, the City requires and shall be entitled to coverage for the higher limits maintained by the contractor.

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 Contractor; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor 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 Contractor’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 Contractor’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 Contractor’s insurance and shall not contribute with it.

Notice of Cancellation
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.

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Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless o f 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 Contractor 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
Contractor 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 Contractor’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.

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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: PUBLIC HEARING Account Number: 26-3111 File ID: 22-6498 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: September 6, 2022
SUBJECT:
31-57 South B Street – Consider a Zoning Reclassification Request RECOMMENDATION:

Consider a request for Zoning Reclassification; and if approved, introduce an Ordinance to approve a Zoning Reclassification for the property at 31-57 South B Street from "Neighborhood Commercial/Residential Overlay - Mixed Use" to "Central Business District" and determine the project qualifies for a Categorical Exemption from further environmental review under the California Environmental Quality Act.

BACKGROUND:

The applicant, DTSM Donut Delite Ventures, LLC, submitted a Planning Application to reclassify the zoning designation of the property at 31-57 South B Street (APN 034-154-030) from C1-2/R5 (Neighborhood Commercial/Residential Overlay – Mixed Use) to CBD (Central Business District). The applicant is requesting the reclassification to match adjacent properties to the south and the west that have the same land use designation (Downtown Retail Core) as the subject property, and because the site is also located within the Downtown Retail Core Sub-Area of the Downtown Area Plan, the majority of which is zoned CBD.

The Municipal Code allows for the processing of a Zoning Reclassification as part of a formal Planning Application (PA) that includes a development project or as a stand-alone PA without a development proposal. City Council Resolution #98 (2008) states that a request for zoning reclassification requires a study session before the Planning Commission, and Section 27.060.040(b) of the Municipal Code requires a recommendation by the Planning Commission and a final decision by the City Council.

On May 10, 2022, the Planning Commission held a study session to review the zoning reclassification request and conceptual plans for a future mixed-use office and retail development project at this site. Commission comments were generally in support of the reclassification request given its adjacency to the existing CBD zone and potential for train noise impacts on residential uses.

On May 11, 2022, the applicant submitted a formal Planning Application for the Zoning Reclassification but chose not to apply for an office/retail development proposal at this time.

On July 26, 2022, the Planning Commission held a public hearing on the Zoning Reclassification that included staff and applicant presentations and public testimony. Following a period of deliberation, the Planning Commission rendered a 2-2- 0 vote (with one Commissioner absent); thereby resulting in the lack of a recommendation to approve or deny the Zoning Reclassification due to the split vote. A summary of the Commission’s deliberation and staff analysis for the zoning reclassification request is included in the Discussion section below, and the draft ordinance is included for reference as Attachment 1.

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DISCUSSION:

California State law (Government Code Section 65400) provides the City’s legislative body the authority to implement the City’s adopted General Plan, so that it will serve as an effective guide for orderly growth and development. To implement the General Plan, State law provides the City Council the authority to review and update the City’s zoning ordinance and zoning map to ensure that the various land uses authorized by the zoning ordinance are compatible with the objectives, policies, general land uses, and programs specified in the General Plan (Government Code Section 65860).

Site Description
The project site is 16,413 square feet (0.37 acres) in size and is generally bounded by South B Street to the west, commercial buildings to the north, the Downtown Caltrain Station to the east, and First Avenue to the south. The project site has a current General Plan land use designation of Downtown Retail Core and is zoned C1-2/R5 (Neighborhood Commercial/ Residential Overlay – Mixed Use).

As part of the Planning Application, the applicant included a justification letter (Attachment 2) that cites several reasons as a basis for the City to approve the reclassification of the subject property to CBD. The two primary reasons include that the reclassification would match adjacent properties to the south and the west that have the same land use designation (Downtown Retail Core) as the subject property, and that the reclassification would link the CBD zoning requirements with the General Plan and Downtown Area Plan goals and policies to foster a thriving retail core area.

General Plan and Zoning Code
The General Plan Land Use Map designates the project site as Downtown Retail Core. The Downtown Retail Core land use designation was established to provide for development of land pursuant to the General Plan and Downtown Plan goals and policies to create an emphasis on a strong retail shopping core in downtown. The Land Use, Zoning, and Required Frontage Maps are included as Attachment 3. The applicable policies for the Downtown Retail Core area include ensuring that new developments “optimize the development potential of property in major commercial areas such as the Downtown Retail Core” (GP, LU 2.10) and “preserve the downtown’s core shopping area” (DAP, II.1). A list of applicable policies is included as Attachment 4.

The site has a current zoning designation of C1-2/R5 (Neighborhood Commercial/Residential Overlay – Mixed Use) and is proposed to be reclassified to CBD (Central Business District). The San Mateo Municipal Code includes different use allowances and development standards for C1 and CBD.

The C1 zoning district is intended to create and maintain neighborhood shopping areas with standards that provide for compatibility with surrounding residential areas, and allows for retail uses serving the immediate neighborhood, limited office space and personal service uses (SMMC 27.30.005 Purpose). With the current zoning designation of C1-2/R5, future development projects would be subject to Municipal Code (SMMC 27.30) development standards pertaining to floor area ratio (FAR), setbacks, parcel coverage, and R3 development standards for residential uses, which limits density to a maximum of 50 units per acre (SMMC 27.22). Under C1-2/R5, the subject site has a maximum of 2.0 floor area ratio (FAR) for non-residential projects, and up to 3.0 FAR for projects with residential use as part the project.

In contrast, the purpose of the proposed CBD (Central Business District) zoning designation is to implement the General Plan and Downtown Plan goals and policies to encourage and foster a thriving retail core area in downtown (SMMC

27.38.010 Purpose). The Municipal Code requirements for CBD include development standards pertaining to floor area ratio, ground floor open space, building line and setbacks for open space, retail frontage requirement, and limits density to a maximum of 50 dwelling units per acre. Under the proposed CBD zoning designation, the subject site would have a maximum FAR of 3.0, with or without any residential component. The reclassification would enable the subject property’s zoning designation to align with its General Plan land use designation of Downtown Retail Core. A summary data sheet showing the different zoning standards for the two zones is included as Attachment 5.

Downtown Area Plan
The project site is also located within the City’s Downtown Area Plan (Plan). The Plan establishes goals and policies to

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implement the overall vision of the Downtown area. Applicable goals that pertain to the project include:
•Enhance Downtown’s Role as the City Center and Maintain Its Unique Sense of Place •Enhance the Vitality and Activity of Downtown by Incorporating an Overall Good Mix and Diversity of Uses •Enhance the Downtown’s Pedestrian Environment and Enhance the Safety and Attractiveness of Downtown The Downtown Area Plan is comprised of seven sub-areas, including the Downtown Retail Core Sub-Area, where the subject site is located (See Figure 2 of the Downtown Area Plan). The goals and policies for the Downtown Retail Core Sub- Area generally encourage a concentration of retail shopping and active commercial uses on the ground floor level, with office or residential uses on upper levels to support ground-level businesses. The Plan envisions a future Downtown Retail Core that includes a good mix of ground floor retail uses that will contribute to fostering retail vitality and Downtown’s pedestrian-oriented environment, and providing an entry feature at the entryways to Downtown in the vicinity of South B Street/First Avenue intersection (Attachment 4 – Applicable Policies). To implement the goals and policies of the General Plan and Downtown Area Plan for the retail core, the City has two tools: CDB development standards and Downtown Retail Core Design Guidelines. Both the CDB and the design guidelines were established to work together to implement the goals and policies for the retail core area. Overall, the proposed reclassification to CBD would better align subject project’s zoning designation with its current Downtown Retail Core land use designation and align the city’s goals and policies with the tools to implement the Downtown Area Plan.

Housing Crisis Act
Senate Bill 330 (Housing Crisis Act, Government Code Section 66300(b)(1)(A)) requires the City to review and evaluate zoning reclassifications to ensure the change does not constitute a downzoning for residential development purposes under the State law. The proposed zoning reclassification does not involve a change in the allowable building height, maximum allowable density, or floor area ratio (FAR); nor would it increase requirements for lot size, setbacks, or other development requirements or standards that would lessen the intensity of housing. The proposed CBD zoning designation also allows for a maximum residential density of 50 dwelling units per acre, which is the same maximum residential density allowed for properties in the C1-3/R5 zoning district. Therefore, there would be no net loss in residential capacity as a result of this zoning reclassification.

Zoning Reclassification Findings
The request for the zoning reclassification to CBD would better align the site with its Downtown Retail Core land use designation to maintain downtown’s commercial vitality and continuity within the retail core. The reclassification would also be consistent with the Downtown Area Plan because the zoning code provisions for the CBD includes development standards that were established to provide a good mix of ground floor retail uses that will contribute to foster retail vitality and the Downtown’s pedestrian-oriented environment in the Downtown Retail Core sub-area. While the C1 District’s standards and requirements can also support the Downtown Retail Core land uses, they do not directly align with the land use and goals and policies of the Downtown Area Plan.

The reclassification would also be consistent with State law (SB 330 Housing Crisis Act) in that it would not change the allowed land uses or the maximum allowable residential density.

PLANNING COMMISSION DELIBERATION AND RECOMMENDATION
The Planning Commission held a duly noticed public hearing, on July 26, 2022, to review the request for Zoning Reclassification. The Commission considered information contained in the staff report, staff and applicant presentations, and public comment prior to its deliberation. The resulting 2-2-0 tie vote therefore resulted in no action by the Planning Commission.

The two Commissioners in support of the reclassification wanted to achieve greater consistency with the adopted General Plan and Downtown Plan; cited the importance of the CBD zoning designation in creating a thriving a retail core because of the Required Retail Frontage code provisions; expressed concern that the size of the lot may be too small to accommodate ground floor retail, office, and residential uses at the upper levels and pertinent amenities/services; cited the importance of concentrating office uses near transit to reduce reliance on vehicles for commute purposes; and highlighted the importance of providing housing near transit, but not necessarily on every site that is near transit.

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The other two Commissioners opposed to the request wanted the reclassification request to be reviewed concurrent with a development proposal in order to consider it holistically; expressed the need for transit oriented development projects that include residential units; articulated concerns that the city is losing sites where housing may be built as many pipeline projects appear to be commercial with a few residential units; mentioned the need for more residents to support a vibrant Downtown in the evenings; and highlighted the City’s ability to encourage inclusion of housing under the C1 zoning designation which incentivizes housing as part of a mixed-use project to gain an additional 1.0 FAR.

It should be noted a study session was held on May 10, 2022, where three of the four seated Planning Commissioners reviewed the proposed Zoning Reclassification and a conceptual development project (with one commissioner absent).

Two commissioners expressed support of the reclassification, and one did not.

Given the split nature of the vote and one absent Commissioner, staff has included a draft ordinance for Council consideration.

NEXT STEPS:

Should the City Council indicate a majority interest in approving the ordinance, staff recommends introducing the ordinance by making a motion to approve the recommendation below, and following this meeting staff would bring the ordinance back for a second reading and adoption. The ordinance and map amendment would then go into effect 30 days after adoption.

Introduce an ordinance to approve a Zoning Reclassification for the property at 31-57 South B Street from C1-2/R5 to CBD and determine the project qualifies for a Categorical Exemption from further environmental review under the California Environmental Quality Act (CEQA).

Should the City Council indicate a majority interest in denying the reclassification, staff would bring back a resolution with denial findings based upon the City Council’s input at this meeting. The Council may also direct the applicant to submit the development proposal application to consider the zoning reclassification with the full project.

PUBLIC COMMENTS:

The applicant held a formal pre-application neighborhood meeting, on April 11, 2022, in which six members of the public attended. Questions and comments were focused primarily on the development project and proposed uses. The applicant’s neighborhood meeting summary and presentation are available on the city’s What’s Happening webpage.

The video recording for both the May 10, 2022 Planning Commission study session and the July 26, 2022 Planning Commission public hearing are available on the City’s Agendas & Minutes Public Meeting Portal.

Public comments received to date are included in Attachment 6. Any public comments received after publication of this agenda report will be forwarded to the City Council for consideration at the public hearing and will be posted to this item online as “Post Packet Public Comments.”
BUDGET IMPACT:

Costs associated with the processing of this planning application are covered by the applicant fees paid.

ENVIRONMENTAL DETERMINATION:

If the Zoning Reclassification is denied, no environmental review is required pursuant to the California Environmental Quality Act (CEQA) Guidelines.

If the Zoning Reclassification is approved, staff has included findings for a Categorical Exemption pursuant to the CEQA Guidelines Section 15305 (Class 5 – Minor Alterations in Land Use Limitations) because the site has an average slope of less than 20 percent and the reclassification would not result in changes in land use or density, the subject property’s General Plan land use designation of Downtown Retail Core would remain unchanged, the maximum 3.0 FAR intensity would not

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change, the maximum density of 50 units per acre would remain the same, and the zoning reclassification would be consistent with the City’s adopted General Plan and Downtown Area Plan.

The project is also separately and independently exempt under the “common sense” exemption, CEQA Section 15061(b)(3), because it can be seen with certainty that the adoption of the zoning reclassification does not involve the construction or alteration of facilities that will have a significant effect on the environment. The reclassification to CBD is consistent with the General Plan land use designation for the property. Furthermore, any future development of the site would be subject to a project specific environmental assessment consistent with the CEQA statues and guidelines in effect at that time.

NOTICE PROVIDED
In accordance with Government Code sections 65090 and 65091 and the City’s Municipal Code public noticing requirements, the notice for this public hearing was published in a local newspaper of general circulation, posted in three public facilities, and noticed to the following parties at least ten (10) days in advance of the City Council meeting:
•Property owners, residential tenants and business tenants within 1,000 feet of the project site; •The City’s “900 List,” which contains nearly 100 Homeowner Associations, Neighborhood Associations, local utilities, media, and other organizations interested in citywide planning projects; •The City’s Planning “Notify Me” email list; and,
•The interested parties list which includes interested individuals who contacted the City and requested to be added to the project notification list accordance.

ATTACHMENTS
Att 1 - Draft Ordinance
Att 2 - Applicant’s Letter
Att 3 - Zoning, Land Use, and Required Retail Frontage Maps Att 4 - Applicable Policies
Att 5 - Summary Data Sheet
Att 6 - Public Comments

STAFF CONTACT
Julia Klein, Principal Planner
[email protected]
(650) 522-7216

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DRAFT ORDINANCE
Amending the Zoning Map of the City of San Mateo to Reclassify the Site at 31-57 South B Street from C1-2/R5 (Neighborhood Commercial/Residential Overlay-Mixed Use) to CBD (Central Business District) in Order to Implement the General Plan Land Use Policies and Land Use Map WHEREAS, the property owner (DTSM Donut Delite Ventures, LLC) has submitted a planning application (PA-2022-002) requesting zoning reclassification of the property located at 31-57 South B Street (APN 034-154- 030); and
WHEREAS, the California State law (Government Code Section 65400) provides the legislative body of the city with the authority to implement the general plan, or elements of the general plan, so that it will serve as an effective guide for orderly growth and development; and WHEREAS, the City Council, as the legislative body of the City of San Mateo, adopted the City of San Mateo’s General Plan “Vision 2030” on October 18, 2010, which included land use policies and land use designations for properties within the City; and
WHEREAS, the General Plan land use designation of Downtown Retail Core was established to provide for development of land pursuant to the goals and policies of the General Plan and Downtown Area Plan; and WHEREAS, the CBD (Central Business District) zoning designation and Downtown Retail Core Design Guidelines were established to work together to implement the General Plan and Downtown Plan goals and policies, to improve the quality of the retail core, and to encourage and foster a thriving Downtown Retail Core area and; and
WHEREAS, the City Council desires that the zoning classifications for all properties be consistent with the land use policies and the land use map of the General Plan; and WHEREAS, the subject property has a current General Plan land use designation of Downtown Retail Core and a zoning designation of C1-2/R5 (Neighborhood Commercial/Residential Overlay – Mixed Use); and WHEREAS, the zoning reclassification from C1-2/R5 to CBD would be more compatible with the subject property’s Downtown Retail Core land use designation; and WHEREAS, the zoning reclassification would ensure that subsequent new development at the subject property would be subject to CBD development standards and Downtown Retail Core Design Guidelines to ensure that new development would contribute to a thriving retail core; and WHEREAS, the Planning Commission held a duly noticed study session on May 10, 2022, at which time the Commission received and considered written and oral evidence, and provided feedback WHEREAS, on the Pre-Application for the Zoning Reclassification and conceptual design of a development project; and
WHEREAS, in accordance with California Government Code Section 65090 and 65091, the Planning Commission held a public hearing on July 26, 2022 pursuant to the notice required by law for zoning

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reclassifications, at which time the Commission received and considered written and oral evidence, and rendered a 2-2-0 vote citing their reasons in support and opposition to the reclassification; and WHEREAS, the applicant requested the item be scheduled for review by the City Council which is the final decision-making body for zoning reclassification requests; NOW, THEREFORE, THE COUNCIL OF THE CITY OF SAN MATEO ORDAINS AS FOLLOWS:

Section 1. Legislative Findings.

At a duly noticed public hearing on September 6, 2022, the City Council of the City of San Mateo reviewed and considered the staff report dated September 6, 2022, and attachments thereto, the Categorical Exemption, together with comments received during the public review process, and hereby finds and determines as follows:
(a) CONFOMANCE WITH GENERAL PLAN. The City Council finds and determines that the proposed zoning map amendment and zoning reclassification of the subject property is in conformance with the Downtown Retail Core land use designation of the General Plan of the City of San Mateo, because one of the main intents of the CBD (Central Business District) is to maintain downtown’s commercial vitality and continuity within the retail core.
(b) CONFORMANCE WITH DOWNTOWN AREA PLAN. The City Council finds and determines that the proposed zoning map amendment and zoning reclassification is in conformance with 2009 Downtown Area Plan because the zoning standards for the CBD (Central Business District) includes development standards that were established to provide a good mix of ground floor retail uses that will contribute to foster retail vitality and downtown’s pedestrian-oriented environment in the Downtown Retail Core sub-area. (c) INTENT OF ZONING CODE. The zoning reclassification conforms to the purpose of Municipal Code Section 27.38.010(c) in that the reclassification ensures that the zoning code provisions regarding the required retail frontage area, as designated by the Downtown Plan, would apply to the subject property. Additionally, the reclassification provides standards for the use of properties designated as CBD District (Central Business District) that regulate and guide future development of the site. (d) CONSISTENCY WITH STATE LAW. The City Council finds and determines that the proposed zoning map amendment and zoning reclassification of the property located at 31-57 South B Street from C1-2/R5 to CBD is consistent with Senate Bill 330 (Housing Crisis Act, Government Code Section 66300(b)(1)(A)) in that:
(1) the proposed change in zoning designation would not reduce the allowable building height, maximum allowable density, or floor area ratio (FAR) for residential developments; nor would it increase requirements for lot size requirements, setbacks, or other development standards that would reduce residential density;
(2) the proposed CBD zoning designation allows for a maximum residential density of 50 dwelling units per acre, which is the same maximum residential density allowed for properties in the C1- 2/R5 zoning district; and
(3) therefore, there is no net loss in residential capacity.

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Section 2. Zoning Map.

The Zoning Map of the City of San Mateo is hereby amended to indicate as follows: the property generally known as 31-57 South B Street (APN: APN 034-154-030) as depicted in Exhibit A, attached hereto, shall be rezoned from C1-2/R5 to CBD, and the Zoning Map shall be amended to reflect this reclassification.

Section 3. Environmental Determination. In accordance with California Environmental Quality Act (CEQA) Guidelines, Class 5 Section 15305 (Minor Alterations in Land Use Limitations), adoption of this zoning reclassification to amend the City’s zoning map is categorically exempt because the affected area has an average slope of less than 20 percent and the reclassification would not result in changes in land use or density. The subject property’s General Plan land use designation of Downtown Retail Core, and maximum density of 50 units per acre would remain unchanged after the reclassification. The project is also separately and independently exempt under the “common sense” exemption, CEQA Section 15061(b)(3), because it can be seen with certainty that the adoption of the zoning reclassification does not involve the construction or alteration of facilities that will have a significant effect on the environment. The reclassification to CBD is consistent with the General Plan land use designation for the property. Furthermore, any future development of the site would be subject to a project specific environmental assessment consistent with the CEQA statues and guidelines in effect at that time.

Section 4. Severability. In the event any section, clause or provision of this ordinance shall be determined invalid or unconstitutional, such section, clause or provision shall be deemed severable and all other sections or portions hereof shall remain in full force and effect.

Section 5. Publication. This Ordinance shall be published in summary in a newspaper of general circulation, posted in the City Clerk's Office, and posted on the City's website, all in accord with Section 2.15 of the City Charter.

Section 6. Legislative History and Effective Date. This ordinance was introduced on Clerk to complete., and adopted on Clerk to complete., and shall be effective 30 days after its adoption.

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Att 2 - Applicant's Letter
 
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Att 3 – Zoning, Land Use and Required Retail Frontage Maps

Source: City of San Mateo Zoning Map

Excerpt of Zoning Map focusing on the Downtown Area.

Zoning map close up of the area surrounding the subject site.

PROJECT SITE

PROJECT SITE

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Source: City of San Mateo Land Use Map

Excerpt of General Plan land use map focusing on the Downtown Area.

PROJECT SITE

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Source: 2009 Downtown Area Plan

Map of Downtown streets that are subject to the Required Retail Frontage requirement.

PROJECT SITE

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GENERAL PLAN – LAND USE ELEMENT
G
OAL 1d: Concentrate major high-intensity commercial office and retail development in specific focal areas, as delineated on the City Image Plan, Figure UD-1.

G
OAL 1f: Provide a wide range of land uses, including retail, commercial services, office, industrial, parks, open space, and housing, to adequately meet the needs of the community.

G
OAL 1g: Attain development which occurs in an orderly fashion and which limits adverse environmental impacts to the community.

LU 1.11: Commercial Focal Areas. Concentrate the most intense office and retail uses at locations delineated on the Land Use Plan. Discourage such uses outside the commercial nodes delineated on the Land Use Plan.

LU 1.15: Mixed Use. Encourage developments which mix commercial retail and office uses with residential uses at locations and intensities/densities as delineated on the Land Use Plan and Building Intensity Plan.

G
OAL 2a: Promote economic vitality which provides jobs for existing and future residents and maintains the City's ability to finance public improvements and human services.

G
OAL 2c: Promote an intensity of commercial activity that enhances the business climate in the City to increase the level of business types which will benefit existing commercial uses.

LU 2.4: Downtown Plan. Establish downtown San Mateo as the social, cultural, and economic center of the City with a wide range of office, medical, residential, entertainment, and retail uses at high intensities and densities while encouraging pedestrian activity and bicycle connectivity to adjacent neighborhoods.

LU 2.10: Optimize Development Opportunities. Ensure that developments optimize the development potential of property in major commercial areas such as the Downtown Retail Core and along South El Camino Real.

LU 3.1: Downtown Plan. As the social, cultural and economic center of the City, the downtown shall maintain a wide range of office, medical, residential, entertainment, and retail uses at high intensities and densities.

3. D
OWNTOWN.

The goals, policies, and objectives for downtown San Mateo are located in the Downtown Plan. A general discussion of the downtown also occurs in Section 3 of this Land Use Element.

Provisions of the voter-approved Measure H, Measure P, and Measure Y which reduced building heights, floor area ratios and residential densities, were also incorporated, including the provisions following below (the Measure H, P and Y provisions are in italics).
a. A Specific Plan for the Downtown was adopted by the City Council in July 1985, and amended in 1993, consistent with the provisions of Measure H as adopted by the voters in November 1991. This Specific Plan also constituted an amendment to the previous General Plan.

GENERAL PLAN – HOUSING ELEMENT
H 2.12: Mixed Use. Continue the policy of encouraging residential uses in existing commercial areas, or in locating adjacent or near transit nodes, where the residences can be buffered from noise and safety concerns and can provide adequate on-site parking and usable open space. Provide floor area and/or height bonuses for residential development in selected areas of the City.

Att 4 - Applicable Policies

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DOWNTOWN PLAN

GOALS

ONE Enhance Downtown’s Role as the City Center and Maintain Its Unique Sense of Place Downtown San Mateo possesses a traditional downtown image, including an informal, cozy atmosphere. Key landmarks and landscaping in the form of street trees, San Mateo Creek and Central Park contribute to downtown’s unique character. New development should complement this character, while at the same time bringing contemporary elements that revitalize and energize the downtown.

TWO Enhance the Vitality and Activity of Downtown by Incorporating an Overall Good Mix and Diversity of Uses Maintain and improve on the wide range of uses available downtown including retail and service establishments, entertainment uses, such as the Downtown Century Theater, residential uses and unique facilities, such as Central Park. Facilitate a wide mix of retail stores, service uses such as restaurants, and housing uses.

THREE Enhance the Downtown’s Pedestrian Environment and Enhance the Safety and Attractiveness of Downtown. Allow for outdoor uses, such as cafes and sitting areas, to promote the pedestrian activity and multiple destination trips to the downtown. Strengthen the links between Central Park and downtown, and between the downtown and surrounding residential areas.

POLICIES
I.1 Downtown Core High Density/Intensity Development. Encourage the development of mixed-use high density residential projects and high intensity commercial projects within the Downtown Retail Core.

II.1 Downtown Core Shopping Area. Preserve the downtown’s core shopping area between 1st and 5th Avenues from El Camino Real to the railroad.

II.2 Required Retail Frontage. Require the provision of ground floor retail uses with windows on properties located on the primary shopping streets as identified in the Required Retail Frontage Zone Map (see map at the end of this chapter). In addition to traditional retailing activities, permit entertainment and cultural uses, and allow fast food establishments in limited instances.

II.8 Office Development. Encourage the establishment of offices within the Downtown Retail Core and surrounding commercially designated areas.

II.9 Housing in the Retail Core. Provide housing for new households that will utilize downtown businesses and is within proximity to the transit station to reduce vehicle trips and vehicle ownership.

II.10 Mixed Use Commercial-Residential. Facilitate housing production by allowing multi-family dwellings as part of mixed use developments in all downtown commercial and office land use categories, except areas designated service commercial and parks/open space in the General Plan.

IV.2 Store Fronts in the Retail Core. Maintain the traditional store front environment of the Downtown Retail Core area by requiring new buildings to be constructed to the street property line. In the retail core area, require ground floor building walls to be dominated by windows and pedestrian entrances

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IV.3 Design Guidelines. Evaluate the Downtown Design Guidelines to ensure that it:
(1) Emphasizes the public realm - streets and sidewalks and public spaces in building design, scale, detail, and pattern of new developments;
(2) Encourages building design to be compatible with the historic and architectural features common to many buildings in the Downtown;
(3) Encourages a compatibility of diverse building styles; and (4) Encourages building details, surfaces, textures and materials that are interesting for the pedestrian.

IV.6 Downtown Design Guidelines/Downtown Historic District Design Guidelines. Revise the Downtown and Historic District Design Guidelines to give consideration to new development within a historic preservation context, thereby providing a balance between preserving a unique community asset (in the form of a historic district with intact distinct historic and contributor structures) and providing for new development and improvements within the downtown area.

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SUMMARY DATA SHEET
*Based on requirements in effect as of June 30, 2022.

NAME: 31 – 57 S. B Street,
Zoning Reclassification
PA: 2022-002 ADDRESS: 31 – 57 South B Street
LAND AREA: 16,413 sf (0.37 ac) ZONING:

Current Zoning: C1-2/R5
Proposed Zoning: CBD
APN: 034-154-030
Requirements for C1-2/R5
Zoning District
Requirements for CBD Zoning
District
FLOOR AREA: MAXIMUM ALLOWED: MAXIMUM ALLOWED:

Non-residential only project: 32,826 sq ft 49,239 sf
Project with Residential: 49,230 sq ft 49,239 sf
FLOOR AREA RATIO (FAR):

Project with only Non-
Residential Uses: Max. 2.0 FAR

Project with Residential Use:

Max. 3.0 FAR
Project with/without Residential
Use: Max. 3.0 FAR
BLDG. HEIGHT: 55 feet Same (see left column).

STORIES: Subject to building height limit
of 55 ft Same (see left column).

SETBACKS: MINIMUM REQUIRED: MINIMUM REQUIRED:

Front: 0 0 (also, refer to Building Line and
Setback section below.)
Left Side: 0 0 (also, refer to Building Line and
Setback section below.)
Right Side: 0 0 (also, refer to Building Line and
Setback section below.)
Rear: 0 0 (also, refer to Building Line and
Setback section below.)
BUILDING LINE AND SETBACK: Option not available.

South B Street and First Avenue
sides: Up to 25% of building line
may be set back from property line
to provide for ground floor open
space.

Alley side: Option not available.

STREET WALL: 45 degree from midpoint of
public right-of-way Same (see left column).

NOTES:

The above are the key development requirements for each district; but fully inclusive of all potential requirements which may vary depending upon the specifics of the proposed project.

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From: George California
Sent: Tuesday, July 26, 2022 4:06 PM
To: Julia Klein <[email protected]>
Subject: PA-2022-002 .. Donut Delite project

Since the developer of the new building is not constructing on-site parking, will the new owner(s) validate parking for residents/tenants/visitors of the building at the City Movie Theatre and Caltrain station parking garages? Otherwise, the increased scale on this property will result in spillover parking onto already crowded street parking and into unmetered parking on similarly contested nearby neighborhood streets.

Also, the flat, unarticulated wall of this building facing the train station is very industrial looking and pretty much a sight blight. Can't that be improved to something with at least a little bit of character and neighborhood fit? (Spanish? awnings? something!)

__________________________
George Derby, San Mateo

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From: Katrina Salas-Padilla
Sent: Wednesday, May 11, 2022 9:47 PM
To: Planning Commission <[email protected]> Subject: Concerns regarding the project proposed for the block on B Street and 1st

To Whom it May Concern:

My name is Katrina Salas-Padilla, soon to be Katrina Butler. I spoke yesterday during the planning meeting about concerns that I have to do with the proposed rezoning and building project on B St. in San Mateo, on the corner of what is currently Donut Delite. I believe Harvest Properties is developing the proposed plans for the project.

My concerns were specifically about the plan for integrating the nearby latino and hispanic community members who regularly patron the vibrant B St corridor between Tilton and First St, and what efforts are in place to bolster the continued housing crisis in CA and, specifically, the SF Bay Area, particularly for the lower income community immediately surrounding the location of the proposed project.

My fiance and I moved to San Mateo last spring, so unfortunately I was not present at the time of the decision to remove the grocery store in that same vicinity to replace it with a luxury apartment complex, or I would have vocalized these same concerns.

I am a local to the greater Bay Area; I grew up in Benicia just over the bridge from Martinez and Concord. I did my undergraduate degree and worked for many years thereafter at Stanford University. I lived in San Francisco for nearly a decade prior to moving to San Mateo last year. I have seen what projects like the one that Harvest Properties is proposing can do to a community. More than that, I have devoted years of academic study to understanding precisely how displacement, specifically displacement due to industrial pursuits that subsequently brew gentrifying practices, can do to a marginalized group. In short, mental health issues rise, as do suicide rates. If you didn’t already know, while the pandemic lowered the overall suicide rate by 3%, it increased the rate by a combined total of 8% among latino, black, and native american young men.

Furthermore, crime will rise. In case you aren’t already aware, San Mateo crime rates are presently among the safest in the entire SF Bay Area. San Mateo is currently much safer than Burlingame - the city that Harvest Properties aspires to turn San Mateo into per his presentation last night - and it is even safer than the very safe town of Benicia where I grew up.

This is due to the fact that San Mateo possesses one of the most inspiring elements of any other city I’ve found in the SF Bay Area; an extremely diverse mix of races, ethnicities, and economic classes. The wealth gap here is very comfortably mended by a strong middle and upper middle class, and the surrounding cities are able to pick up the slack enough to prevent extreme inequality from doing what it does best; push people who do not deserve to suffer - to their very edge.

The economic views that the Harvest Properties representative proposed in last night's meeting were, at best, very flawed. Sure, regions that have a history of being red-lined might make prime real estate for developers who allow the few who own properties in such regions to profit on their coat tails, but how many of the working class families in the north central San Mateo area that pushes out toward the bay actually own their homes? I’d like to remind you that the state of California has recently put several measures in place to strengthen tenants rights for renters. They are also making it much harder to out

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City of San Mateo
Planning Commission
330 West 20th Avenue
San Mateo, CA 94403
Re: 1st & B Development in Downtown San Mateo
Hi Julia,
The purpose of this letter is to let the City staff know of my strong support for the proposed project at 1st & B in Downtown San Mateo.

The Harvest team has recently connected with me to talk through the proposed 1st & B development, and I think it’s an exciting project that can bring a wide variety of benefits to the community and the City of San Mateo. These benefits include enhanced public realm experience, concentrating new employment opportunities around the existing public transit, implementing traffic calming measures, generating ongoing sources of revenue for the City to support needed public infrastructure, public art and resources for the local school district, and beautiful architecture that enhances the existing neighborhood.

I believe there is tremendous potential for Downtown San Mateo to establish its own identity and become an enlivened pedestrian-oriented retail destination. The 1st & B Development proposes to build on the established B Street corridor and making it a vibrant and active Downtown with a highly curated public realm area for the community to enjoy. I agree that the current sidewalk doesn’t have enough width to prioritize pedestrian experience and allow for storefront openings’ spill out spaces to support restaurants and cafes, parklets, landscape planters, street furniture, and gathering spaces for the pubic. Without an upgraded and widened sidewalk, all the great features mentioned above would become missed opportunities.

I like the architectural design of the building and how it pays homage to the historical Downtown both by using traditional brick material and the breakdown of the building scale to better relate to the established neighborhood. The glass volume on the top floor is modern and clean while reflecting the surrounding context and blending into the sky. I also appreciate the team’s commitment working towards several sustainability goals. Most notably, this project will likely become one of the first projects in the Peninsula to be constructed in mass timber which is a warm and beautiful natural material but also the regenerative nature and the significant reduction in carbon emissions can revolutionize how America builds.

Thank you for the opportunity to provide my feedback and voice my support for 1st & B Development. I look forward to seeing the progress of the proposed development and public realm improvement.

Best,
Kathryn Collins

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zone multi family complexes precisely for reasons of scarcity around affordable housing. I am not a legal professional, but I am a policy professional within the National Laboratory system, funded by the U.S.

Department of Energy, and I believe that Harvest Properties’ pursuit of turning the corner of B St. and 1st in downtown San Mateo solely into a mid-rise commercial and office building could be illegal according to current state regulations, and it is certainly unethical.

I haven’t even mentioned the fact that one of the only homeless resource centers is literally on the very next block of this proposed project’s location. I intend to forward these concerns to San Francisco officials who might have a vested interest in the matter, given the fact that many of the neighboring homeless end up on their streets at a high cost to their residents.

Though I am a child of Mexican immigrants, and Spanish and English were both my first languages, I am also an entrepreneur, business wise, such that I have taught classes for Stanford in such subjects for years as a Subject Matter Expert. Given that study, I am also qualified to say that my background and history in this region make me a “super user”, “pro-sumer”, or particularly shaped for understanding what it would take to make this specific region of San Mateo vibrant and attractive to the broader Bay Area community without as much of a social and economic cost downstream. The key word is integration. People like me, like my peers - young to middle aged working professionals who are middle, upper middle class, and upper class, who are educated and active members of our communities - do not want to see MORE gentrification and MORE industrial complexes. What we would like to see is subtle preservation of the community gems like this particular corridor of B St. This doesn’t mean STOP ALL development projects, because I’m aware that at least two of the buildings on the proposed project’s block have been vacant for a long time. This means that building with affordable housing, homage to the historically diverse and primarily latino local groups, and other sustainable and environmentally focused elements, is crucial.

We do not have enough service workers and working class employees to fill our employment needs around the country and that is very true in San Mateo and the SF Bay Area. The moves that Harvest Properties is proposing is only going to make it harder for those people to live and work in our community. There will not be a supply to meet the demand that the development project envisions by opening the door for more working professionals. And where are those working professionals coming from? They don’t seem to be repopulating in droves given the new hybrid lifestyle many major companies have promised.

What you can expect to see should you accept Harvest Properties application without consideration for the needs of those currently inhabiting the immediate vicinity of the project location: Aside from rising mental health concerns, homlessness issues, and increased crime, you’ll experience even more homeowners fleeing to more affordable parts of the U.S., housing prices will not rise at the rate that they are in other Bay Area cities as has been the case in San Mateo for months. Furthermore, you might even be in over your head with tenant issues which will ultimately come down to planning oversights that should have attempted to promote projects that address the housing and other economic issues we continue to face as a country and as a state, rather than contribute to them.

I appreciate that two out of three of the commissioners who responded last night felt similarly to my above points, but to the one who did not; I encourage you to spend 15 minutes on this specific street corner at 9:45pm on ANY day of the week. It’s rather quiet, despite the train, and most of the dinner rush is gone by then. This includes most of the bar scene. Regardless, I lived in the heart of the Mission District as well as North Beach in San Francisco for a long time, and the bustle of a night scene is, for

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some people, very attractive. This might be especially true for the kind of people you want to work and live in a place like downtown San Mateo; young students, recent grads, working class people with strong work ethics. People who have a very long life and relationship to cultivate with this city - not just those who want to clog the streets on weekends for brunch and then leave like with Burlingame.

I will be sharing these concerns with other officials and interest groups who may also have a concern in the matter, and I will make an effort to continue to show up at planning meetings where this particular project is being discussed.

Respectfully,
Katrina Monet Salas-Padilla

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From: Steve Sirianni <[email protected]>
Sent: Tuesday, May 10, 2022 7:29 PM
To: Julia Klein <[email protected]>
Subject: 1st and B project

Please find my attached letter of support for the Donut Delight project at 1st and B.

Please call or email me if you have any questions.

Thanks,

Steve Sirianni, VP Sales & Client Success

Specializing in First and Lasting Impressions

AllAboutParking.com
Office: 650.508.8886 | Cell: 650.743.0051
100 S. Ellsworth Ave. Suite 203, San Mateo, CA 94401

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City of San Mateo
Planning Commission

330 West 20th Avenue
San Mateo, CA 94403

Re: 1st & B Development in Downtown San Mateo

Hi Julia,

The purpose of this letter is to express my strong support for the proposed project at 1st & B in Downtown San Mateo.

The Harvest team has recently connected with me to talk through the proposed 1st & B development, and I think it’s an exciting project that can bring a wide variety of benefits to the community and the City of San Mateo. These benefits include enhanced public realm experience, concentrating new employment opportunities around the existing public transit, implementing traffic calming measures, generating ongoing sources of revenue for the City to support needed public infrastructure, public art and resources for the local school district, and beautiful architecture that enhances the existing neighborhood.

I believe there is tremendous potential for Downtown San Mateo to establish its own identity and become an enlivened pedestrian-oriented retail destination. The 1st & B Development proposes to build on the established B Street corridor and making it a vibrant and active Downtown with a highly curated public realm area for the community to enjoy. I agree that the current sidewalk doesn’t have enough width to prioritize pedestrian experience and allow for storefront openings’ spill out spaces to support restaurants and cafes, parklets, landscape planters, street furniture, and gathering spaces for the pubic. Without an upgraded and widened sidewalk, all the great features mentioned above would become missed opportunities.

I like the architectural design of the building and how it pays homage to the historical Downtown both by using traditional brick material and the breakdown of the building scale to better relate to the established neighborhood. The glass volume on the top floor is modern and clean while reflecting the surrounding context and blending into the sky. I also appreciate the team’s commitment working towards several sustainability goals. Most notably, this project will likely become one of the first projects in the Peninsula to be constructed in mass timber which is a warm and beautiful natural material but also the regenerative nature and the significant reduction in carbon emissions can revolutionize how America builds.

Thank you for the opportunity to provide my feedback and voice my support for 1st & B Development. I look forward to seeing the progress of the proposed development and public realm improvement.

Best,

Steve Sirianni
[email protected]
650.743.0051

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From: Keith Weber
Sent: Monday, May 9, 2022 3:21 PM
To: Julia Klein <[email protected]>
Subject: 31-57 B. St. Pre-Application (PA2021-082)

I would like to respond to the following Question/Comment raised during the April 11, 2022 pre-application community meeting. Please include in the 5/10/22Planning Commission Study Session Packet:

Question/Comment: When you go down B Street, there is a lot of brick and masonry type of structures.

Is it the intention to tie into the historical feel of Downtown San Mateo?

Harvest Response: Yes, this is an important concept in our design. We have the 2-story brick volume which relates closely to the majority of the buildings along B Street both in terms of height and materiality. Same concept goes for the 3-story brick volume along 1st Ave matching the 3-story buildings across the street. The brick base of the building ties in the materiality of the surrounding neighborhood with detailing and features reminiscent of some of the earlier architecture in the surrounding neighborhood. The curtain walls on level 4-5 fades into the sky, reduces visual impact while showcasing the beautiful natural material of mass timber. We also soften the building with lush landscape design both on the ground plane and terraces on every level of the building. Walking down the street in real life (as opposed to looking at a rendering), what you are really going to feel is the lower 2 – 3 story condition.

My Response to Harvest: I'm very glad to know that relating the proposed building to the Downtown Historic District is important to you and your architects. Building a 2-3 story brick volume that "matches" the buildings across the street is a good start. However, plunking a modern glass structure on top undercuts the entire concept and creates a confusing mass rather than a cohesive design. Instead of designing two buildings, one on top of the other, I think a more successful approach would be to design a single building of unified design, such as these recent buildings in Redwood City (photos below). Clearly contemporary office structures, these two successful new buildings use a traditional architectural vocabulary while meeting current client needs.

I look forward to a revised and more unified design that can be a successful addition to downtown San Mateo.

Thank you,
Keith Weber,
San Mateo

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From: Ana A.

Sent: Thursday, April 28, 2022 1:47 PM
To: Julia Klein <[email protected]>
Subject: Harvest Properties Development Comments

This email is to let you know that I'm generally in support of the proposed building slated for 31-57 S B Street in San Mateo.

I own the property at 36-38 N Claremont Street. Best wishes as you move forward!

Ana Athanasiu

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From: Preston O'Connell <[email protected]> Sent: Wednesday, April 20, 2022 9:32 AM
To: lwatanuki
Cc: Julia Klein <[email protected]>; Claire Wang <[email protected]>; Tyler Issadore <[email protected]>; Stone, Jonathan <[email protected]> Subject: RE: 31-57 S. B Street

Dear Ms. Watanuki,
Thank you for reaching out regarding our "1st and B" project. Here is the link to the project's status page on the city's website (https://www.cityofsanmateo.org/4619/60616/31-57-S-B-Street-Pre-Application).

The presentation to the community hearing is located here (https://www.cityofsanmateo.org/DocumentCenter/View/87617/PA-2021-082-NM-Presentation). I can also find out if there is a recorded video that is available or alternatively I would be happy to meet virtually or in person to walk you through our presentation. Look forward to be in touch and please do not hesitate to reach out with any additional information that maybe helpful.

Best,
Preston

Preston O’Connell | Partner
Harvest Properties, Inc.

direct | 510.466.1485
main | 510.594.2050
contact | vCard

180 Grand Avenue | Suite 1400 | Oakland, CA 94610

HarvestProperties.com

-----Original Message-----
From: l watanuki
Sent: Tuesday, April 19, 2022 12:28 PM
To: Preston O'Connell <[email protected]> Cc: Laurie Watanuki ; Julia Klein <[email protected]> Subject: 31-57 S. B Street

Dear Mr. O’Connell,

I was unable to attend your neighborhood meeting on April 11.

Do you have a video link to the neighborhood meeting?
I am a property owner in the area.

Thanks.

Laurie Watanuki

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From: Russ Ito
Sent: Tuesday, April 19, 2022 11:22 AM
To: Julia Klein <[email protected]>
Subject: Donut Delite Project support

Hi, Julia,

Good to connect with you on another project. I just wanted to drop you an early note of support for the Harvest/Prometheus Donut Delite Project, at 1
st and B Streets. I’ve had a chance to meet with their
teams, and review the plans, and I think they’ve got a great concept that should fit in well in north downtown.

Overall, I like the design a lot. It’s contemporary without being cold, and the color palette and material selections do a nice job of paying tribute to the historical structures nearby without aping them. It should also make a very nice companion structure to the Prometheus project at 303 Baldwin.

Although I don’t know what their intentions are for the penthouse level, I do particularly like their use of floor to ceiling glass walls that, with the extensive landscaping and greenery planned around it, give the structure a garden pavilion quality that makes the roof almost seem to float. It would be great if that area were accessible to the public. Combined with the proposed rooftop open space at 303 Baldwin, we could have two, very elegant public/private spaces to enjoy in the neighborhood.

My only concern with this project, as I said at the community meeting, relates to the bus stop on the 1 st
Avenue side. The design calls for extensive improvements to the west and south perimeters, but if the bus stop on 1
st – and its companion on the other side of the street – isn’t moved, the amenities being proposed will be rendered little more than a fancy bus stop, rather than a public promenade/gathering space. I urge the city to look at relocating those bus stops into the CalTrain station, where they would make more logical sense, and help make the station more of a public transit hub versus a single service center.

Thanks for your time, and I’m looking forward to seeing how this project evolves, and to the additional, community improvements that are being discussed along B Street and elsewhere in downtown.

Cheers!

Russ

Russell Ito

San
Mateo, CA 94401

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From: Ann Rarden
Sent: Thursday, April 14, 2022 1:25 PM
To: Julia Klein <[email protected]>
Subject: forecast for needed retail space

Hi, Ms Klein--I attended the neighborhood meeting on Monday, April 11th, to learn some details of the pre-application planning for 31-57 S. B St. The presentation was well done, and community questions seemed to be answered satisfactorily, aside from the one about current retailers being able to be accommodated in the new building.

I didn't ask my question that evening because I felt it was more appropriately addressed to city staff like you. What forecast has the city made about the need for retail space in the future? Given the number of retail spaces currently for lease on 3rd and 4th Avenues and on B. St itself, I'm not sure that retail space is our highest need. Having attended some housing meetings, it seems that housing that is affordable for families who like San Mateo and are currently renting but wish to purchase homes here should be our highest priority. These families are eager to continue living in our community I am dismayed when I walk by the construction on Baldwin between Ellsworth and S.B and see that site tauting luxury housing units for singles. Are we missing the mark with that construction? I understand that Havest Properties is reluctant to include two or three affordable units in their proposed building because they cannot offer the amenities that renters/owners would want, but there is a laundromat down the block and across the street. Could Harvest negotiate for designated parking places in the city's downtown garage across from the train station?

I'd encourage your department and the planning commission to do some creative thinking about how to incorporate housing that is affordable for middle class families who will exit our city, much as they love the vibe, the schools, the parks, the neighbors, the commute, the rail/bus lines, if we don't tackle this problem. And please don't let developers off the hook so easily with the option of off-site affordable housing. I assume that's what the Build Group did for the Baldwin/Ellsworth/S. B building.

Thank you in advance for your thoughtful response to this query.

Ann Rarden

San
Mateo, CA 94401

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From: Victor Hanna <[email protected]>
Sent: Wednesday, April 6, 2022 1:13 PM
To: Preston O'Connell <[email protected]>; Julia Klein <[email protected]> Cc: Tyler Issadore <[email protected]>; Claire Wang <[email protected]> Subject: RE: 31-57 B Street San Mateo Project

Thank you Preston for the great detail. That is very helpful.

Best of luck on the project.

Regards,
Vic

Victor Hanna
Chief Betty
The BettyMills Company
www.BettyMills.com
[email protected]
650-645-6260 Direct

From: Preston O'Connell <[email protected]> Sent: Wednesday, April 6, 2022 9:30 AM
To: Victor Hanna <[email protected]>; [email protected] Cc: Tyler Issadore <[email protected]>; Claire Wang <[email protected]> Subject: RE: 31-57 B Street San Mateo Project

This email originated from an external account, use caution when responding, clicking on links, or opening an attachment.

Victor,
Thank you kindly for reaching out and it is nice to meet you via email. We have only submitted our “pre- application” for the project so we are very early on in the process. Typically, the entitlement process can take anywhere from 1-2 years where we have to go through several community hearings, planning commission study session, submit our major application and then planning commission/city council for final consideration. If approved, it will take another 12 months to get building permits. Its likely 3 years or more before construction would commence. Lastly, the city has strict guidelines on construction activities where the ownership needs to mitigate dust, work during set hours etc. Please let us know if you have any further questions and we would welcome the opportunity to meet in person or over the phone/zoom.

Best,
Preston

Preston O’Connell | Partner
Harvest Properties, Inc.

direct | 510.466.1485
main | 510.594.2050
contact | vCard

180 Grand Avenue | Suite 1400 | Oakland, CA 94610

HarvestProperties.com

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From: Victor Hanna <[email protected]>
Sent: Tuesday, April 5, 2022 5:01 PM
To: [email protected]; Preston O'Connell <[email protected]> Subject: 31-57 B Street San Mateo Project

Hello Julia, Preston – I just relocated our headquarters to an office space at 19 B street, which is adjacent to the B. Street development in pre-application.

I am curious, in the best case scenario, when would ground break on the development? I would anticipate a lot of construction noise and would like to have some understanding when the earliest if approved, this may commence.

Thank you.

Victor Hanna
Chief Betty
The BettyMills Company
www.BettyMills.com
[email protected]
650-645-6260 Direct

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From: 437 San Mateo 12 <[email protected]>
Sent: Tuesday, April 5, 2022 11:47 AM
To: Julia Klein <[email protected]>
Subject: 31-57 S. B St., Pre-Application

Got the notice today regarding the planned project to convert 31-57 South B Street into a 42,000 square foot 4 story mixed commercial/office space. Will there be a parking area underground like other buildings similar to this in the area? If not where is the parking for this proposal coming from? Main street parking garage gets really full as it is so I was wondering what the parking situation is going to be.

Thank you,
Mohammed Taki
General Manager

San Mateo 12 #437
320 East 2nd Ave.

San Mateo, CA 94401
Office #: (650) 558-0559
Fax #: (650) 558-0737
E-Mail: [email protected]

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From: Laurie Livingston
Sent: Monday, April 4, 2022 7:50 PM
To: Julia Klein <[email protected]>
Subject: Pre-Application 31-57 S. B St

Hello Julie,
I am a resident on Saint Matthews Ave.

In my opinion, San Mateo does NOT need more office space, especially NOT in downtown.

I think the above proposed project is NOT appropriate.

What we do need is a reasonably priced supermarket for residents living by the north end of downtown since Trags is gone, and restaurants & other gathering places downtown that genuinely welcome residents of all ethnicities.

Thank-you for reading this and for your consideration.

Sincerely,
Laurie Livingston

San
Mateo 94401

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