Agenda packet, regular meeting — San Mateo City Council, September 19, 2022 (part 3 of 4)

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Contractor's Price Proposal - Detail

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 08
08 72 33 00 0201 Top Mount, Mill Aluminum, Interlock Perimeter Gasketing Weather-Strip (Pemko 347A, 68AR)For weather-stripping the top of doors. Includes rain drip shield and aluminum interlocking devices for door and door frame. 121 $334.38LF
Installation =x x 334.38
FactorUnit PriceQuantity Total

17.03 1.1550 17.00
PEMKO gasket. Door & Hardware Specifications.
08 72 43 00 0047 5" Width, 1/2" Height, Stainless Steel Saddle Threshold (Pemko 154SS)122 $497.19LF Installation =x x 497.19
FactorUnit PriceQuantity Total
143.49 1.1550 3.00
PEMKO door threshold per Doors & Hardware Specs.
$6,538.42Subtotal for Section - 08
Section - 09
09 01 20 91 0025 Up To 10 SF, Chip, Clean And Repair Plaster/Stucco123 $394.43SF Installation =x x 394.43
FactorUnit PriceQuantity Total

34.15 1.1550 10.00
Stucco patch back at multiple areas: exterior wall demo areas, exterior shower, water fountain, exterior electrical outlet, window, and door.
09 01 20 91 0026 >10 To 50 SF, Chip, Clean And Repair Plaster/Stucco124 $1,429.89SF Installation =x x 1,429.89
FactorUnit PriceQuantity Total

24.76 1.1550 50.00
Stucco patch back at window and door.
09 01 20 91 0027 >50 To 250 SF, Chip, Clean And Repair Plaster/Stucco125 $4,409.56SF Installation =x x 4,409.56
FactorUnit PriceQuantity Total

18.18 1.1550 210.00
Stucco patch back at furred wall area.
09 01 60 91 0015 Water-Based Emulsion, Masonry/Tile/Stone/Terrazzo Floor Sealant/Finish, Per CoatFor terrazzo, concrete, quarry tile, brick and unglazed ceramic tile. 126 $204.57SF
Installation =x x 204.57
FactorUnit PriceQuantity Total

1.23 1.1550 144.00
For tile grout lines in shower area.
09 05 61 13 0002 Up To 200 SF, Water Vapor Emission Control System (Koester VAP 1-2000)Clear
127 $2,997.92EA
Installation =x x 2,997.92
FactorUnit PriceQuantity Total
2,595.60 1.1550 1.00
Vapor barrier to stop moisture from penetrating through the concrete for resin floors. 09 22 36 23 0005 3.4 LB/SY, Installed On Studs Or Furred Walls, Flat Diamond, Expanded Metal Lath
128 $1,057.17SF
Installation =x x 851.35
FactorUnit PriceQuantity Total

2.73 1.1550 270.00
Demolition x x = 205.82 0.66 1.1550 270.00
09 22 36 23 0005 0020 For >100 To 500, Add129 $115.38 Installation =x x 115.38
FactorUnit PriceQuantity Total

0.37 1.1550 270.00
09 24 23 00 0002 Scratch/Brown/Finish, Three Coat Troweled StuccoExcludes lath and felt.

Interior or exterior, one side.
130 $680.18SF
Installation =x x 680.18
FactorUnit PriceQuantity Total

9.06 1.1550 65.00
Furred out exterior wall for chase at the drinking fountain.

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 09
09 24 23 00 0002 0036 For Up To 100, Add131 $298.80 Installation =x x 298.80
FactorUnit PriceQuantity Total

3.98 1.1550 65.00
09 29 10 00 0009 5/8" Type X Fire Rated Gypsum Board132 $673.60SF Installation =x x 673.60
FactorUnit PriceQuantity Total

1.80 1.1550 324.00
Storage room side of new wall.
09 29 10 00 0009 0052 For Walls >10' High, Add133 $41.16 Installation =x x 41.16
FactorUnit PriceQuantity Total

0.11 1.1550 324.00
09 29 10 00 0009 0054 For >128 To 320, Add134 $144.14 Installation =x x 144.14
FactorUnit PriceQuantity Total

0.39 1.1550 320.00
09 29 10 00 0017 5/8" Moisture Resistant Gypsum Board135 $733.47SF Installation =x x 733.47
FactorUnit PriceQuantity Total

1.96 1.1550 324.00
Bathroom side of new wall.
09 29 10 00 0017 0052 For Walls >10' High, Add136 $37.42 Installation =x x 37.42
FactorUnit PriceQuantity Total

0.10 1.1550 324.00
09 29 10 00 0017 0054 For >128 To 320, Add137 $144.14 Installation =x x 144.14
FactorUnit PriceQuantity Total

0.39 1.1550 320.00
09 29 10 00 0039 >10' High, Walls, Tape, Spackle And Finish Gypsum BoardUse this task for the entire wall area when the wall is >10’ high.
138 $666.11SF
Installation =x x 666.11
FactorUnit PriceQuantity Total

0.89 1.1550 648.00
09 29 10 00 0044 Up To 10' High, Vertical Corners, Tape, Spackle And Finish Gypsum Board139 $86.67LF Installation =x x 86.67
FactorUnit PriceQuantity Total

1.34 1.1550 56.00
09 29 10 00 0050 Casing, Galvanized Steel J-Bead For Gypsum Board140 $144.14LF Installation =x x 144.14
FactorUnit PriceQuantity Total

3.90 1.1550 32.00
09 29 10 00 0050 0013 For Up To 100, Add141 $10.72 Installation =x x 10.72
FactorUnit PriceQuantity Total

0.29 1.1550 32.00
09 30 16 00 0002 Glazed Quarry Floor Tile142 $913.24SF Installation =x x 913.24
FactorUnit PriceQuantity Total

17.97 1.1550 44.00
Install: Shower Floor, 5’x 2.5’ = 12.5 SF
Install Coved on Walls, 5’x 2’.5 x 2.5’ = 31.5 SF
• 12.5 SF + 31.5 SF = 44 SF.

Demo: 50 SF on floor
Demo Coved on Walls, 49 SF
Total Estimated Demo, 99 SF.
09 30 16 00 0002 0065 For Up To 50, Add143 $493.97 Installation =x x 493.97
FactorUnit PriceQuantity Total

9.72 1.1550 44.00
Coved on Wall

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 09
09 30 16 00 0004 Glazed Quarry Wall Tile144 $3,132.13SF Installation =x x 3,132.13
FactorUnit PriceQuantity Total

19.37 1.1550 140.00
Tile Wainscot:

Install: 35’L x 4’H = 140 SF
Demo: 36’L x 6’H = 216 SF.

Refer to sheet 3 of 5.
09 30 16 00 0004 0071 For >50 To 250, Add145 $270.04 Installation =x x 270.04
FactorUnit PriceQuantity Total

1.67 1.1550 140.00
09 32 13 00 0003 1-1/4" Minimum Thickness Portland Cement Mortar Setting BedFor commercial floors. Includes 15 LB felt and wire reinforcement.
146 $317.63SF
Installation =x x 317.63
FactorUnit PriceQuantity Total

5.50 1.1550 50.00
Shower slope to drain for ADA requirements.
09 32 13 00 0003 0058 For Up To 50, Add147 $223.49 Installation =x x 223.49
FactorUnit PriceQuantity Total

3.87 1.1550 50.00
09 32 13 00 0003 1-1/4" Minimum Thickness Portland Cement Mortar Setting BedFor commercial floors. Includes 15 LB felt and wire reinforcement.
148 $307.69SF
Installation =x x 0.00
FactorUnit PriceQuantity Total

5.50 1.1550 0.00
Demolition x x = 307.69 2.22 1.1550 120.00
Demo Existing Shower Floor, 50 SF @ 3" thick (1.25 x 2.4=3) Used a multiplier of 2.4 to adjust square footage.
09 34 00 00 0007 72" x 72", Prefabricated Assembly For Tiled Showers (Schluter® KERDI Shower ST/SC)
149 $2,234.04EA
Installation =x x 2,234.04
FactorUnit PriceQuantity Total
1,934.23 1.1550 1.00
09 66 16 13 0012 12" x 12" x 1" Terrazzo Tile Wainscot Thin Set150 $3,637.11SF Installation =x x 3,637.11
FactorUnit PriceQuantity Total
X 28.89 1.1550 109.00
New Corian Wall Panel Size, 17.5’ x 6.25’ = 109.38 SF.
09 66 16 13 0012 12" x 12" x 1" Terrazzo Tile Wainscot Thin Set151 $11,783.60SF Installation =x x 11,783.60
FactorUnit PriceQuantity Total

45.75 1.1550 223.00
Thin-set installation method used for Wainscot and shower floor tile. 09 67 23 00 0009 3/8" Chemical Resistant (10,000 To 12,000 PSI) Epoxy Flooring Trowel Applied Mortar CompoundIncludes primer, two 3/16" slurry coats and top seal coats (color).
152 $3,976.71SF
Installation =x x 3,976.71
FactorUnit PriceQuantity Total

23.91 1.1550 144.00
Epoxy flooring system.

Includes primer coat., two 3/16" slurry coats and top seal coats (color) 09 67 23 00 0009 0160 For Skid Resistant, Orange Peel Texture, Non-Abrasive Topping, Add153 $23.28 Installation =x x 23.28
FactorUnit PriceQuantity Total

0.14 1.1550 144.00
09 67 23 00 0009 0161 For Up To 500, Add154 $821.62 Installation =x x 821.62
FactorUnit PriceQuantity Total

4.94 1.1550 144.00

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 09
09 78 23 00 0276 Edge Sealing On <1/2" Thick Panels155 $414.18LF Installation =x x 414.18
FactorUnit PriceQuantity Total

8.15 1.1550 44.00
Edge Sealing on Corian Wall Panels
• Top Edge of Panels, 7½ LF + 5 LF = 12½ LF.
• Bottom Edge of Panels, 7½ LF + 5 LF = 12½ LF.
• Ends, 6’-3” + 6’-3” = 12-6” LF.
• Inside Corner Joint, 6’-3” LF.
• 12.5’ + 12.5’ + 12.5’ + 6.25’ = 43.75 LF.

Estimated Corian Edge Sealing, 44 LF.
09 91 13 00 0095 1 Coat Primer, Brush/Roller Work, Paint Exterior Stucco Walls156 $291.06SF Installation =x x 291.06
FactorUnit PriceQuantity Total

0.84 1.1550 300.00
Exterior Wall from outside corner at the return to the furred out wall then to the inside corner of the building. 09 91 13 00 0097 2 Coats Paint, Brush/Roller Work, Paint Exterior Stucco Walls157 $609.84SF Installation =x x 609.84
FactorUnit PriceQuantity Total

1.76 1.1550 300.00
Exterior Wall from outside corner at the return to the furred out wall then to the inside corner of the building. 09 91 13 00 0231 1 Coat Primer, Brush/Roller Work, Paint Exterior Metal Door Frame And Trim158 $19.33LF Installation =x x 19.33
FactorUnit PriceQuantity Total

0.93 1.1550 18.00
09 91 13 00 0233 2 Coats Paint, Brush/Roller Work, Paint Exterior Metal Door Frame And Trim159 $42.20LF Installation =x x 42.20
FactorUnit PriceQuantity Total

2.03 1.1550 18.00
09 91 13 00 0238 1 Coat Primer, Brush/Roller Work, Paint Exterior Metal DoorBoth faces160 $83.46EA Installation =x x 83.46
FactorUnit PriceQuantity Total

72.26 1.1550 1.00
09 91 13 00 0240 2 Coats Paint, Brush/Roller Work, Paint Exterior Metal DoorBoth faces161 $151.02EA Installation =x x 151.02
FactorUnit PriceQuantity Total
130.75 1.1550 1.00
09 91 23 00 0044 1 Coat Filler, Brush Work, Paint Interior Concrete Block Walls162 $161.12SF Installation =x x 161.12
FactorUnit PriceQuantity Total

0.90 1.1550 155.00
09 91 23 00 0044 0258 For Oil Based Paint, Add163 $8.95 Installation =x x 8.95
FactorUnit PriceQuantity Total

0.05 1.1550 155.00
09 91 23 00 0044 0283 For >250 To 500, Add164 $21.48 Installation =x x 21.48
FactorUnit PriceQuantity Total

0.12 1.1550 155.00
09 91 23 00 0046 2 Coats Paint, Brush Work, Paint Interior Concrete Block Walls165 $350.89SF Installation =x x 350.89
FactorUnit PriceQuantity Total

1.96 1.1550 155.00
09 91 23 00 0046 0258 For Oil Based Paint, Add166 $21.48 Installation =x x 21.48
FactorUnit PriceQuantity Total

0.12 1.1550 155.00
09 91 23 00 0046 0282 For >100 To 250, Add167 $103.83 Installation =x x 103.83
FactorUnit PriceQuantity Total

0.58 1.1550 155.00

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 09
09 91 23 00 0057 1 Coat Bonding Agent, Brush Work, Paint Interior Concrete Block Walls168 $163.27SF Installation =x x 163.27
FactorUnit PriceQuantity Total

0.93 1.1550 152.00
09 91 23 00 0057 0282 For >100 To 250, Add169 $49.16 Installation =x x 49.16
FactorUnit PriceQuantity Total

0.28 1.1550 152.00
09 91 23 00 0065 2 Coats Paint, Brush Work, Paint Interior Plaster/Drywall Walls170 $1,062.78SF Installation =x x 1,062.78
FactorUnit PriceQuantity Total

1.42 1.1550 648.00
Paint new interior wall.
09 91 23 00 0065 0259 For Oil Based Paint, Add171 $59.88 Installation =x x 59.88
FactorUnit PriceQuantity Total

0.08 1.1550 648.00
09 91 23 00 0067 1 Coat Primer, Brush/Roller Work, Paint Interior Plaster/Drywall Walls172 $441.58SF Installation =x x 441.58
FactorUnit PriceQuantity Total

0.59 1.1550 648.00
Paint new interior wall.
09 91 23 00 0067 0259 For Oil Based Paint, Add173 $29.94 Installation =x x 29.94
FactorUnit PriceQuantity Total

0.04 1.1550 648.00
09 91 23 00 0198 1 Coat Primer, Brush Work, Paint Interior Wood Smooth Ceiling174 $162.99SF Installation =x x 162.99
FactorUnit PriceQuantity Total

0.98 1.1550 144.00
Paint ceiling.
09 91 23 00 0198 0272 For Oil Based Paint, Add175 $9.98 Installation =x x 9.98
FactorUnit PriceQuantity Total

0.06 1.1550 144.00
09 91 23 00 0198 0282 For >100 To 250, Add176 $49.90 Installation =x x 49.90
FactorUnit PriceQuantity Total

0.30 1.1550 144.00
09 91 23 00 0200 2 Coats Paint, Brush Work, Paint Interior Wood Smooth Ceiling177 $307.69SF Installation =x x 307.69
FactorUnit PriceQuantity Total

1.85 1.1550 144.00
Paint ceiling.
09 91 23 00 0200 0272 For Oil Based Paint, Add178 $18.30 Installation =x x 18.30
FactorUnit PriceQuantity Total

0.11 1.1550 144.00
09 91 23 00 0200 0282 For >100 To 250, Add179 $94.80 Installation =x x 94.80
FactorUnit PriceQuantity Total

0.57 1.1550 144.00
09 91 23 00 0208 1 Coat Primer, Brush Work, Paint Interior Wood Beams180 $287.04SF Installation =x x 287.04
FactorUnit PriceQuantity Total

1.09 1.1550 228.00
Paint wood beams at ceiling.
09 91 23 00 0208 0273 For Oil Based Paint, Add181 $15.80 Installation =x x 15.80
FactorUnit PriceQuantity Total

0.06 1.1550 228.00

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 09
09 91 23 00 0208 0282 For >100 To 250, Add182 $86.90 Installation =x x 86.90
FactorUnit PriceQuantity Total

0.33 1.1550 228.00
09 91 23 00 0210 2 Coats Paint, Brush Work, Paint Interior Wood Beams183 $531.95SF Installation =x x 531.95
FactorUnit PriceQuantity Total

2.02 1.1550 228.00
Paint wood beams at ceiling.
09 91 23 00 0210 0273 For Oil Based Paint, Add184 $31.60 Installation =x x 31.60
FactorUnit PriceQuantity Total

0.12 1.1550 228.00
09 91 23 00 0210 0282 For >100 To 250, Add185 $165.90 Installation =x x 165.90
FactorUnit PriceQuantity Total

0.63 1.1550 228.00
09 96 56 00 0002 50 Mil, High Build Epoxy186 $63.29SF Installation =x x 63.29
FactorUnit PriceQuantity Total

2.74 1.1550 20.00
Sloping around the rim of the floor drain.
$48,315.61Subtotal for Section - 09
Section - 10
10 14 23 11 0026 >100 SI, Acrylic, Surface Mount, Indoor/Outdoor Signs With Braille187 $322.66SI Installation =x x 322.66
FactorUnit PriceQuantity Total

0.97 1.1550 288.00
ADA signage per plans.
10 21 13 19 0339 22" x 58" x 1/2", Wall Hung And Overhead Braced, Solid Polyester (Corian), Urinal Screen
188 $13,892.85EA
Installation =x x 13,892.85
FactorUnit PriceQuantity Total
X 1,002.37 1.1550 12.00
½” Corian Wall Panels
Refer to sheet 3, detail 6 Interior Elevations A1 A2 and A3. • New Corian Wall Panel Size, 17.5’ x 6.25’ = 109.38 SF. o 109.38 SF converts to 15,750.72 SI.
• Corian Panel Size in CTC, 22” x 58” = 1,276 SI.
o 15,750.72 SI ÷ 1,276 SI = 12.3 EA
Estimated Quantity of Corian Panels, 12 qty.

Thin Set is not included in this line item, captured in 09 66 16 13-0012. 10 28 13 13 0055 Two Roll, Surface Mounted, Stainless Steel Toilet Tissue Dispenser (Bobrick Contura B-4288)
189 $179.68EA
Installation =x x 179.68
FactorUnit PriceQuantity Total
155.57 1.1550 1.00
Toilet Tissue Dispenser
10 28 13 13 0070 40 Fluid Ounce, Surface Mounted, Stainless Steel Soap Dispenser (Bobrick Contura B-4112)
190 $126.29EA
Installation =x x 126.29
FactorUnit PriceQuantity Total
109.34 1.1550 1.00
Delta Revision
10 28 13 13 0118 Partition Mounted, Stainless Steel Seat Cover And Toilet Tissue Dispenser With Sanitary Napkin Disposal (Bobrick B-357)
191 $661.78EA
Installation =x x 661.78
FactorUnit PriceQuantity Total
572.97 1.1550 1.00
Seat Cover And Toilet Tissue Dispenser

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 10
10 28 13 13 0126 20 Gallon, Surface Mounted, Stainless Steel Waste Receptacle (Bobrick B-275)
192 $438.52EA
Installation =x x 438.52
FactorUnit PriceQuantity Total
379.67 1.1550 1.00
Waste Receptacle
10 28 13 13 0152 Partition Mounted, Stainless Steel Sanitary Napkin Disposal (Bobrick Contura B-4354)
193 $409.10EA
Installation =x x 409.10
FactorUnit PriceQuantity Total
354.20 1.1550 1.00
Sanitary Napkin Disposal
10 28 13 13 0168 24" Length, 1-1/2" Diameter, Stainless Steel Grab Bar (Bobrick B-6806x24)194 $106.94EA Installation =x x 106.94
FactorUnit PriceQuantity Total

92.59 1.1550 1.00
Stainless Steel Grab Bar
10 28 13 13 0170 36" Length, 1-1/2" Diameter, Stainless Steel Grab Bar (Bobrick B-6806x36)195 $223.05EA Installation =x x 223.05
FactorUnit PriceQuantity Total

96.56 1.1550 2.00
Stainless Steel Grab Bar
10 28 13 13 0171 42" Length, 1-1/2" Diameter, Stainless Steel Grab Bar (Bobrick B-6806x42)196 $113.81EA Installation =x x 113.81
FactorUnit PriceQuantity Total

98.54 1.1550 1.00
Stainless Steel Grab Bar
10 28 13 13 0204 Vertical, Wall-Mounted, Stainless Steel Baby Changing Station (Bobrick Koala Care KB111-SSWM)
197 $2,058.71EA
Installation =x x 2,058.71
FactorUnit PriceQuantity Total
1,782.43 1.1550 1.00
Baby Changing Station, Bradley 962-11 Stainless Steel Baby Changing Station. Sheet 2 of 2, Accessories Schedule, Tag M.
10 28 13 13 0207 33" Width, Wall-Mounted, Foam Padded, Naugahyde® Folding Shower Seat (Bobrick B-517/518)
198 $708.26EA
Installation =x x 708.26
FactorUnit PriceQuantity Total
613.21 1.1550 1.00
Folding Shower Seat
10 28 13 13 0254 Surface Mounted, Automatic Sensor, Stainless Steel Cover, CPC Technology, Dries Hands In 10 To 12 Seconds, Hand Dryer (American Dryer CPC9-SS)CPC technology kills germs naturally with no chemicals. Electronically adjustable sound and speed.
199 $1,419.97EA
Installation =x x 1,396.08
FactorUnit PriceQuantity Total
1,208.73 1.1550 1.00
Demolition x x = 23.89 20.68 1.1550 1.00
Bradley 2923-2874 Aerix+ Automatic Hand Dryer Stainless Steel. Requires a dedicated 115V 15A circuit. 10 28 13 13 0309 Double Stainless Steel Robe Hook (Bobrick B-672 or B-6727)200 $227.07EA Installation =x x 227.07
FactorUnit PriceQuantity Total

49.15 1.1550 4.00
Bradley #9124 Double Robe Hook
10 28 13 13 0333 1-1/4" Diameter, Satin Stainless Steel Drinking Fountain Grab Bars201 $858.97EA Installation =x x 858.97
FactorUnit PriceQuantity Total
371.85 1.1550 2.00
Drinking Fountain Grab Bars

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 10
10 28 13 13 0386 24" x 36", Surface Mounted, Fixed-Position Tilt, Stainless Steel Frame Glass Mirror (Bobrick B-293 2436)
202 $415.66EA
Installation =x x 415.66
FactorUnit PriceQuantity Total
359.88 1.1550 1.00
Steel Frame Glass Mirror
$22,163.32Subtotal for Section - 10
Section - 11
11 68 13 00 0687 8' Bench With Without Back (GameTime 28007)203 $375.81EA Installation =x x 375.81
FactorUnit PriceQuantity Total
X 216.92 1.1550 1.50
Remove interior and exterior benches, re-install 12' bench. $375.81Subtotal for Section - 11
Section - 22
22 11 16 00 0900 1/2" Inside Diameter Copper Pipe/Tubing Type L AssemblyIncludes all hangers and couplings, elbow, tee, reducer fittings. All hangers are complete assemblies. Not for use where detail is available.
204 $3,821.66LF
Installation =x x 3,821.66
FactorUnit PriceQuantity Total

20.68 1.1550 160.00
Shower and sink hot and cold supply lines. Wall hydrant supply line. 22 11 16 00 0900 0152 For Work In Restricted Working Space, Add205 $329.18 Installation =x x 329.18
FactorUnit PriceQuantity Total

4.75 1.1550 60.00
22 11 16 00 0901 3/4" Inside Diameter Copper Pipe/Tubing Type L AssemblyIncludes all hangers and couplings, elbow, tee, reducer fittings. All hangers are complete assemblies. Not for use where detail is available.
206 $2,225.92LF
Installation =x x 2,225.92
FactorUnit PriceQuantity Total

24.09 1.1550 80.00
Water fountain and water closet supply lines from inside plumbing chase through masonry block wall , then inside the new wall towards the shower, lavatory sink, and water closet. 22 11 16 00 0901 0152 For Work In Restricted Working Space, Add207 $124.51 Installation =x x 124.51
FactorUnit PriceQuantity Total

5.39 1.1550 20.00
Inside plumbing chase.
22 11 16 00 0905 2" Inside Diameter Copper Pipe/Tubing Type L AssemblyIncludes all hangers and couplings, elbow, tee, reducer fittings. All hangers are complete assemblies. Not for use where detail is available.
208 $3,076.92LF
Installation =x x 3,076.92
FactorUnit PriceQuantity Total

44.40 1.1550 60.00
Above grade drain lines.
22 11 16 00 0905 0152 For Work In Restricted Working Space, Add209 $498.96 Installation =x x 498.96
FactorUnit PriceQuantity Total

7.20 1.1550 60.00
22 11 19 00 0041 1/2" Inlet/Outlet, Flow Through Automatic Trap Primer (JR Smith 2699)210 $611.76EA Installation =x x 611.76
FactorUnit PriceQuantity Total
264.83 1.1550 2.00

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 22
22 11 19 00 0191 6" Thick Wall, Cast Bronze, Non Freeze, Stainless Steel Box, Integral Vacuum Breaker Wall Hydrant
211 $862.85EA
Installation =x x 862.85
FactorUnit PriceQuantity Total
747.06 1.1550 1.00
Vacuum Breaker Wall Hydrant
22 11 19 00 0191 0160 For Cast Bronze Box, Add212 $44.36 Installation =x x 44.36
FactorUnit PriceQuantity Total

38.41 1.1550 1.00
22 11 19 00 0224 1/2" Inlets, 1/2" Outlet Sink/Faucet Point-Of-Use Thermostatic Mixing Valve (Bradley S59-2007)
213 $1,072.81EA
Installation =x x 1,072.81
FactorUnit PriceQuantity Total
464.42 1.1550 2.00
Thermostatic Mixing Valve
22 13 13 00 0004 Wall Mounted Water Closet, Single Fixture Rough-In, Cast Iron Waste And Vent PipeIncludes cast iron waste and vent pipe and copper domestic supply.

Excludes fixture, carrier and flush valve.
214 $1,556.93EA
Installation =x x 1,556.93
FactorUnit PriceQuantity Total
1,347.99 1.1550 1.00
22 13 13 00 0007 Wall Mounted Lavatory, Single Fixture Rough-In, Cast Iron Waste And Vent PipeIncludes cast iron waste and vent pipe and copper domestic supply.

Excludes fixture, carrier and faucet.
215 $798.11EA
Installation =x x 798.11
FactorUnit PriceQuantity Total
691.00 1.1550 1.00
22 13 13 00 0013 Shower, Single Fixture Rough-In, Cast Iron Waste And Vent PipeIncludes cast iron waste and vent pipe and copper domestic supply. Excludes fixture, shower head and faucet.
216 $1,000.97EA
Installation =x x 1,000.97
FactorUnit PriceQuantity Total
866.64 1.1550 1.00
22 13 16 00 0004 3" Underground Bell And Spigot Cast Iron Soil Pipe AssemblyIncludes all fittings and gaskets. Excludes earthwork excavation, backfill and compaction.

Not for use where detail is available.
217 $3,503.12LF
Installation =x x 3,196.12
FactorUnit PriceQuantity Total

46.12 1.1550 60.00
Demolition x x = 307.00 8.86 1.1550 30.00
Remove existing shower drain lines below slab, install new lines. As-built drawings show 2" floor drain lines and vent lines below slab, both are about 15 LF for a total of 30 LF to be demolished. Connect and install new 2" drain line and 2" vent line for the new lavatory sink, vent line will be vertically installed in new wall and then run up through the roof.
22 13 16 00 0004 0137 For Work In Restricted Working Space, Add218 $405.41 Installation =x x 405.41
FactorUnit PriceQuantity Total

5.85 1.1550 60.00
22 13 16 00 0012 2" Aboveground No Hub Cast Iron Soil Pipe AssemblyIncludes all fittings, couplings and hangers. Fittings are assumed every 10'. Not for use where detail is available.
219 $1,748.96LF
Installation =x x 1,542.10
FactorUnit PriceQuantity Total

29.67 1.1550 45.00
Demolition x x = 206.86 5.97 1.1550 30.00
Remove existing water closet drain lines below slab, install new lines for new water closet in the plumbing chase. Remove two existing shower drain lines and vent lines (approx. 30 ft.) as shown in as-built drawings and install new drain and vent lines per new drawings. Horizontal run and vertical risers are estimated at 45 LF.

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 22
22 13 16 00 0012 0137 For Work In Restricted Working Space, Add220 $274.43 Installation =x x 274.43
FactorUnit PriceQuantity Total

5.28 1.1550 45.00
22 13 16 00 0895 2" Elastomeric Flexible Pipe Cap (Fernco QC-102)221 $58.59EA Installation =x x 58.59
FactorUnit PriceQuantity Total

50.73 1.1550 1.00
Cap during demo work.
22 13 16 00 0896 3" Elastomeric Flexible Pipe Cap (Fernco QC-103)222 $68.18EA Installation =x x 68.18
FactorUnit PriceQuantity Total

59.03 1.1550 1.00
Cap during demo work.
22 13 16 00 0919 2" Cast Iron Vent Stack Flashing Sleeves With Counterflashing Recess223 $216.81EA Installation =x x 216.81
FactorUnit PriceQuantity Total
187.71 1.1550 1.00
For lavatory vent penetration through roof.
22 13 19 13 0003 Bronze Top, 6" Round Top Floor Drain With 2" Outlet224 $1,013.95EA Installation =x x 884.08
FactorUnit PriceQuantity Total
765.44 1.1550 1.00
Demolition x x = 129.87 112.44 1.1550 1.00
Mid-room drain.
22 13 19 13 0106 4" Brass Shower Drain For Polyvinyl Chloride (PVC) PipeFits over 2" polyvinyl chloride (PVC) pipe or inside 3" polyvinyl chloride (PVC) pipe. 225 $136.49EA
Installation =x x 113.09
FactorUnit PriceQuantity Total

97.91 1.1550 1.00
Demolition x x = 23.40 20.26 1.1550 1.00
Demo existing shower drain, install new drain to meet ADA requirements. 22 42 13 13 0017 Flush Valve Type, Blow Out, Wall Mounted, Wall Outlet, Handicap Accessible, Elongated Vitreous China Water Closet (Kohler® Stratton™) 226 $1,248.29EA
Installation =x x 1,248.29
FactorUnit PriceQuantity Total
1,080.77 1.1550 1.00
Water Closet.
22 42 13 13 0063 Vertical Adjustable On Stack, Hub And Spigot, Single Water Closet Carrier227 $1,236.79EA Installation =x x 1,236.79
FactorUnit PriceQuantity Total
1,070.81 1.1550 1.00
Water Closet carrier.
22 42 13 13 0063 0094 For Positioning Frame, Add228 $55.42EA Installation =x x 55.42
FactorUnit PriceQuantity Total

47.98 1.1550 1.00
22 42 13 13 0063 0096 For Supply Pipe Support, Add229 $56.72EA Installation =x x 56.72
FactorUnit PriceQuantity Total

49.11 1.1550 1.00
22 42 13 13 0063 0099 For Vandal Proof Trim, Add230 $74.08EA Installation =x x 74.08
FactorUnit PriceQuantity Total

64.14 1.1550 1.00
22 42 13 13 0063 0110 For 4" Branch, Add231 $191.40EA Installation =x x 191.40
FactorUnit PriceQuantity Total
165.71 1.1550 1.00

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 22
22 42 16 13 0067 18" x 15" Wall Mounted Lavatory, Stainless Steel (Acorn 1950-1)232 $2,175.30EA Installation =x x 2,175.30
FactorUnit PriceQuantity Total
1,883.38 1.1550 1.00
Wall Mounted for Lavatory.
22 42 16 13 0112 Wall Mounted Adjustable Plate Type, Single Lavatory Carrier With Concealed Arms
233 $955.92EA
Installation =x x 955.92
FactorUnit PriceQuantity Total
413.82 1.1550 2.00
Two carriers, one for the lavatory sink and one for the drinking fountain. 22 42 16 13 0112 0085 For Up To 4" Extension Sleeves And Hardware, Add234 $54.59EA Installation =x x 54.59
FactorUnit PriceQuantity Total

23.63 1.1550 2.00
22 42 39 00 0092 Wall Mounted Shower Valve, Slide Bar And Head, Single Lever Concealed Mixer (Symmons® 96-500-B30-V-X)
235 $787.53EA
Installation =x x 787.53
FactorUnit PriceQuantity Total
681.84 1.1550 1.00
22 42 39 00 0187 Wall Mount, AC Power, Electronic Lavatory Faucet (T&S Brass EC1101)236 $1,028.31EA Installation =x x 1,028.31
FactorUnit PriceQuantity Total
890.31 1.1550 1.00
Delta Revisions.
22 42 43 00 0022 1.28 GPF, Top Spud, Concealed Infrared Water Closet Flush Valve (Toto EcoPower TET2LN32 Or TET3LN32)
237 $1,381.65EA
Installation =x x 1,381.65
FactorUnit PriceQuantity Total
1,196.23 1.1550 1.00
Delta Revisions.
22 42 43 00 0026 6 Volt DC, 120 Volt AC Hardwired Power Transformer (Sloan EL-451)238 $394.80EA Installation =x x 394.80
FactorUnit PriceQuantity Total
113.94 1.1550 3.00
Water closet, lavatory sink, and hand dryer.
22 47 13 00 0050 Bi-Level (High/Low), Vandal Proof Non-Recessed, Stainless Steel Drinking Fountain With Bottle Filler (Filtrine FC-107-14-HL-VP)
239 $12,033.28EA
Installation =x x 11,817.73
FactorUnit PriceQuantity Total
10,231.80 1.1550 1.00
Demolition x x = 215.55 186.62 1.1550 1.00
Delta Revisions: Online Specs:
https://www.elkayfiles.com/spec-sheets/vrctl8wsk_spec.pdf $45,124.96Subtotal for Section - 22
Section - 23
23 01 20 91 0040 Shut Down Existing Interior Piping SystemIncludes lock out/tag out and average line tracing. Use when valves are greater than 25' from work. When the shut-off valves for multiple lines are located with a 10' radius, the quantity used shall be one.
240 $243.32EA
Installation =x x 243.32
FactorUnit PriceQuantity Total
210.67 1.1550 1.00
Shut down supply water, includes lockout/tagout.
23 01 20 91 0044 >100 To 250', Up To 3/4" Diameter Pipe, Purge Liquid System241 $330.02EA Installation =x x 330.02
FactorUnit PriceQuantity Total
285.73 1.1550 1.00
Purge supply water system.

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 23
23 01 20 91 0064 Up To 1", Trisodium Phosphate-Caustic Pipe Disinfection/Flush/Testing242 $626.59LF Installation =x x 626.59
FactorUnit PriceQuantity Total

2.17 1.1550 250.00
Disinfect supply water system after work is completed.
23 05 29 00 1288 1-1/4" x 1-1/4" x 3/16" Angle Iron For Hanger Devices243 $80.11LF Installation =x x 80.11
FactorUnit PriceQuantity Total

5.78 1.1550 12.00
23 09 23 53 0295 Astronomical Clock Program, Lighting Programming Measures244 $477.59EA Installation =x x 477.59
FactorUnit PriceQuantity Total
413.50 1.1550 1.00
Programmable fan timer. See Sheet 3, Detail 4.
23 31 13 23 0003 Galvanized Steel Welded Duct245 $2,969.97LB Installation =x x 2,969.97
FactorUnit PriceQuantity Total

19.78 1.1550 130.00
Ductwork for new exhaust fan.
23 33 46 00 0004 6" Diameter Flexible Duct, R8.0 Insulated With Polyester Inner Liner And Metallized Outer Jacket
246 $844.31LF
Installation =x x 844.31
FactorUnit PriceQuantity Total

7.31 1.1550 100.00
Connect to the negative pressure air machine and exhaust to the exterior of the building. 23 33 46 00 0016 6" Diameter Flexible Duct Collar, Spin In Type, Sheet Metal, With Damper247 $54.50EA Installation =x x 54.50
FactorUnit PriceQuantity Total

47.19 1.1550 1.00
Connection for flex duct line.
23 34 16 00 0258 350 CFM, Ceiling Mounted, Polymeric Intake Grille, Vertical Discharge, Light Duty Exhaust Fan Without Light (Broan® 504)
248 $299.94EA
Installation =x x 299.94
FactorUnit PriceQuantity Total
259.69 1.1550 1.00
Bathroom exhaust fan.
$5,926.35Subtotal for Section - 23
Section - 26
26 01 20 91 0007 Motors, Diconnects And Other Single Source Devices, Existing Circuit Tracing Per Device
249 $79.42EA
Installation =x x 79.42
FactorUnit PriceQuantity Total

17.19 1.1550 4.00
26 01 20 91 0008 Lighting, Existing Circuit Tracing Per Circuit250 $99.27EA Installation =x x 99.27
FactorUnit PriceQuantity Total

17.19 1.1550 5.00
26 05 19 16 0297 #10 AWG, Type THHN-THWN, 600 Volt, Copper, Single Stranded Cable, Installed In Conduit
251 $1,475.23MLF
Installation =x x 1,475.23
FactorUnit PriceQuantity Total
886.98 1.1550 1.44
26 05 29 00 0169 1", One Hole Steel Conduit Strap252 $154.31EA Installation =x x 154.31
FactorUnit PriceQuantity Total

3.34 1.1550 40.00
26 05 29 00 0169 0109 For Installation On Concrete (Includes Drilling And Fastener), Add253 $35.11EA Installation =x x 35.11
FactorUnit PriceQuantity Total

0.76 1.1550 40.00

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 26
26 05 33 13 0003 1/2" Electrical Metallic Tubing (EMT) Conduit Assembly With 2 #12 Copper THHN And 1 #12 Copper Insulated Grounding ConductorIncludes conduit, set screw connectors, set screw couplings, straps, wire as indicated. Not for use where detail is available.
254 $2,230.75CLF
Installation =x x 2,230.75
FactorUnit PriceQuantity Total
689.78 1.1550 2.80
26 05 33 13 0600 1/2" Electrical Metallic Tubing (EMT) Conduit255 $1,172.56LF Installation =x x 1,172.56
FactorUnit PriceQuantity Total

4.23 1.1550 240.00
26 05 33 13 0600 0028 For Installation In Metal Stud Wall, Add256 $94.25 Installation =x x 94.25
FactorUnit PriceQuantity Total

0.34 1.1550 240.00
26 05 33 13 0602 1" Electrical Metallic Tubing (EMT) Conduit257 $1,757.45LF Installation =x x 1,757.45
FactorUnit PriceQuantity Total

6.34 1.1550 240.00
26 05 33 13 0611 1/2" Electrical Metallic Tubing (EMT) 90 Degree Elbow258 $96.74EA Installation =x x 96.74
FactorUnit PriceQuantity Total

10.47 1.1550 8.00
26 05 33 13 0677 1/2" Electrical Metallic Tubing (EMT) Straight Box Compression Connector259 $44.72EA Installation =x x 44.72
FactorUnit PriceQuantity Total

4.84 1.1550 8.00
26 05 33 13 2488 1/2" Type LB, Threaded, Two Hub Cast Aluminum Conduit Body With Cover260 $51.20EA Installation =x x 51.20
FactorUnit PriceQuantity Total

44.33 1.1550 1.00
Delta 2 Rev. at Drinking Fountain
26 05 33 16 0005 3-1/2" Depth, 4" Square Steel Box261 $170.66EA Installation =x x 170.66
FactorUnit PriceQuantity Total

36.94 1.1550 4.00
26 05 33 16 0034 Flat, 4" Square Steel Exposed Work Cover262 $11.02EA Installation =x x 11.02
FactorUnit PriceQuantity Total

9.54 1.1550 1.00
26 09 23 00 0114 On Board Occupancy Sensor For Light FixtureFactory installed.263 $158.03EA Installation =x x 158.03
FactorUnit PriceQuantity Total
136.82 1.1550 1.00
26 27 16 00 0025 18" x 12" x 6", Hinged Cover, Galvanized Steel NEMA 1 Enclosure264 $215.52EA Installation =x x 215.52
FactorUnit PriceQuantity Total
186.60 1.1550 1.00
Pullbox.
26 27 26 00 0006 15 Amperes, 2 Gang, NEMA 5-15, Duplex Receptacle Assembly265 $217.93EA Installation =x x 217.93
FactorUnit PriceQuantity Total

94.34 1.1550 2.00
26 27 26 00 0137 1 Gang, 15 Amperes, 120/277 Volt, SPST, Switch Assembly266 $89.29EA Installation =x x 89.29
FactorUnit PriceQuantity Total

77.31 1.1550 1.00
26 27 26 00 0275 2 Gang, 302 Stainless Steel With Satin Finish Duplex Receptacle Wall Plate267 $16.81EA Installation =x x 16.81
FactorUnit PriceQuantity Total

14.55 1.1550 1.00

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 26
26 27 26 00 0330 Duplex Receptacle, Single Gang, High Impact Thermoplastic Weatherproof Cover With Self Closing Lid (Hubbell® HBL522)
268 $85.11EA
Installation =x x 85.11
FactorUnit PriceQuantity Total

73.69 1.1550 1.00
26 51 19 00 0294 2' x 4', 4,600 Lumens, Surface Mount, Shadow Box Style LED Fixture (Lithonia 2SBSLX4)
269 $1,904.69EA
Installation =x x 1,904.69
FactorUnit PriceQuantity Total
824.54 1.1550 2.00
$10,160.07Subtotal for Section - 26
Section - 27
27 15 13 00 0037 2 Pair #18 AWG, Solid, Shielded, Non-Plenum Rated, Low Voltage, Alarm And Communications Cable, Installed In Conduit
270 $1,332.28MLF
Installation =x x 1,332.28
FactorUnit PriceQuantity Total
1,441.86 1.1550 0.80
27 15 13 00 0037 2 Pair #18 AWG, Solid, Shielded, Non-Plenum Rated, Low Voltage, Alarm And Communications Cable, Installed In Conduit
271 $1,332.28MLF
Installation =x x 1,332.28
FactorUnit PriceQuantity Total
1,441.86 1.1550 0.80
$2,664.56Subtotal for Section - 27
Section - 31
31 05 13 00 0002 Bank Run/Fill Sand272 $468.77CY
Installation =x x 468.77
FactorUnit PriceQuantity Total

31.22 1.1550 13.00
Back fill around new plumbing.
31 05 13 00 0002 0054 For >8 To 16, Add273 $46.85
Installation =x x 46.85
FactorUnit PriceQuantity Total

3.12 1.1550 13.00
31 05 16 00 0027 Graded Aggregate Base Fill (3/4" Minus) Class II Base274 $946.08CY Installation =x x 946.08
FactorUnit PriceQuantity Total

68.26 1.1550 12.00
Backfill for plumbing.
31 05 16 00 0027 0054 For >8 To 16, Add275 $94.66
Installation =x x 94.66
FactorUnit PriceQuantity Total

6.83 1.1550 12.00
31 23 16 36 0012 Relocating On Site Excavated Material From Excavation For Building Foundations and Other Structures >100' to 300'
276 $78.08CY
Installation =x x 78.08
FactorUnit PriceQuantity Total

5.20 1.1550 13.00
31 23 16 36 0012 0018 For Up To 20, Add277 $78.08
Installation =x x 78.08
FactorUnit PriceQuantity Total

5.20 1.1550 13.00

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Work Order Title:

Work Order Number: 105410.00
San Mateo MLK Center - Family Changing Room
Section - 31
31 23 16 46 0007 Excavation By Hand In Loose Rock To Expose Underground Pipes And StructuresIncludes stockpiling excess materials and trimming sides and bottom of trench.
278 $2,949.82CY
Installation =x x 2,949.82
FactorUnit PriceQuantity Total
212.83 1.1550 12.00
Hand excavate trench in plumbing chase, this is a restricted space with very little space for movement and for removing the soil from the chase.
• 2’x 20’ x 5’ = 200 CF
• 200 CF converts to 7.4 CY.
o Bank Volume of 7.79 CY
o Loose Volume of 8.58 CY
o Compacted 7.4 CY.
31 23 16 46 0010 Backfilling by Hand At Exposed Underground Pipes And Structures279 $970.12CY Installation =x x 970.12
FactorUnit PriceQuantity Total

64.61 1.1550 13.00
31 23 16 46 0013 Compaction of Fill or Subbase by Hand At Exposed Underground Pipe Or Structures
280 $643.84CY
Installation =x x 643.84
FactorUnit PriceQuantity Total

42.88 1.1550 13.00
31 23 16 46 0016 Load Excess Material by Hand for Removal from Excavation At Exposed Underground Pipe Or Structures
281 $1,255.40CY
Installation =x x 1,255.40
FactorUnit PriceQuantity Total

83.61 1.1550 13.00
$7,531.70Subtotal for Section - 31
Section - 32
32 16 13 13 0002 6" x 12" Cast In Place Concrete Curb282 $519.47LF Installation =x x 519.47
FactorUnit PriceQuantity Total

18.74 1.1550 24.00
Base of new wall.
32 16 13 13 0002 0073 For >20 To 50, Add283 $180.18 Installation =x x 180.18
FactorUnit PriceQuantity Total

6.50 1.1550 24.00
$699.65Subtotal for Section - 32
Proposal Total
This total represents the correct total for the proposal. Any discrepancy between line totals, sub-totals and the proposal total is due to rounding.
$270,954.02
The Percentage of NPP on this Proposal: %

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Subcontractor Listing
105410.00
San Mateo MLK Center - Family Changing Room
CA-R5-GB02-123021-NCMIQC Master Contract #:

Work Order #:

Owner PO #:

Title:

Re:

August 03, 2022Date:

Proposal Value:

Contractor: Newton Construction & Management
$270,954.02
%DutiesName of Contractor Amount
No Subcontractors have been
selected for this Work Order

0.00$0.00

6.00

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Subcontractor Listing

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06 /07/2022
Detailed Scope of Work
Project Name : King’s Family Changing Room TI
Owner:

Site Address:

City of San Mateo, Public Works Department
725 Monte Diablo Avenue, San Mateo, CA 94401

1. Detailed Scope of Work
Remodel an existing unused restroom and sub divide it into a family changing room and storage area. Work may include the relocation of fire sprinklers and overhead light fixtures, demolition of an existing gang shower and replaced with new materials and fixtures. Overhead space heaters.

Demolition work will include removal of the existing exterior wall to access the pool deck area, install a new ADA compliant concrete ramp, repair damaged stucco and primer and paint on the exterior side, demolition of the outside shower, demolition, and replacement of the existing exterior water fountain with a new ADA compliant bi-level fountain. Install new 3/0 x 7/0 exterior grade swing door, relocate downspout, and replace rain gutter. The pool deck is located behind the rear of the building and is accessible through the chain link fence gate with street parking available on Monte Diablo Avenue. The approved Building Permit will be issued by the city. The City of San Mateo Public Works Department issued project drawings, dated 03/15/2022, with delta 3 revisions consisting of five sheets, and the scope of work includes:
• Demolition of interior block wing walls, concrete flooring, and an existing window • Demolition portion of exterior block wall for new door opening to pool deck. • Demolition of existing shower tiles, mortar bed & concrete threshold in shower area. • Demolition of partial shower wall, shower heads, and piping. • Demolition of existing exterior drinking fountain.
• Concrete saw cutting and trenching for new plumbing.
• Masonry block wall saw cutting for installation of new exterior metal door and frame. • Exterior stucco wall saw cutting.
• Core through existing masonry block wall for new plumbing • Provide and install new ADA compliant concrete ramp and handrails from new door opening to existing concrete pool deck.
• Installation of new exhaust fan.
• Roof patch work.
• Adjust and increase the rim elevation of existing floor and shower drains to allow for sloping of concrete floor compliant with ADA requirements.
• Install new interior concrete curb and install new metal stud partition walls and drywall. • Installation of plumbing for new shower and water closet. • Installation of new walls, tile wainscot and Corian shower surround. • Installation of epoxy floor, and mosaic tile floor in shower.

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King’s Family Changing Room TI
Detailed Scope of Work

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• Installation of new accessible shower stall & seat.
• Installation of new toilet & grab bars.
• Installation of new sink and accessories.
• Installation of new baby changing station.
• Installation of accessible drinking fountain and bottle filler. • Associated electrical work.
• Interior and exterior painting.
• Relocation of fire sprinklers.

2. Trades
The specialty trades req uired for the scope of work includes:
• Concrete
• Saw cutting and coring.
• Plumbing
• Electrical
• Carpentry
• Bathroom Accessories
• Stucco
• Doors and Hardware
• Mechanical
• Tile
• Corian
• Epoxy Flooring
• Painting
• Roofing
• Fire Sprinkler
• Sheet Metal for rain gutter/downs pouts.

3. Subcontractors
T he City of San Mateo Public Works Department is requiring subcontractors to order materials and delivered before the construction work c an start, they will agree to pay for materials only, no labor, to help minimize the risk of delays during construction. Subcontractor s can bill labor costs upon completion of installation work. DIR requires all employers to pay workers prevailing wag es and to submit certified payroll prior to payment . Work can be performed during the summer months.

If you have any questions, please contact:
• Mike Kitko at (408) 591 -5874 or email at [email protected] . • Jeff Bradley at (805) 459 -9875 or email at [email protected] . • Darin Terrazas on his cell at (805) 208 -2982 or email at [email protected] .

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Detailed Scope of Work

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4. Job Site Photographs

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Detailed Scope of Work

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Detailed Scope of Work

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Detailed Scope of Work

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Detailed Scope of Work

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EXHIBIT B

INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTS
ARTICLE 18 - MINIMUM SCOPE AND LIMIT OF INSURANCE

18.01 Contractor shall procure and maintain for the duration of the contract, and for five (5) years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

18.02 Coverage shall be at least as broad as:

A. 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, eithe r 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.

B. Automobile Liability: Insura nce 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.

C. 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.

D. Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coin surance penalty provisions.

E. Surety Bonds as described below.

F. Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

G. Contractors’ Pollution Legal Liability and/or Asbestos Lega l 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.

18.03 If the contractor maintains broader coverage and/or higher limits than the min imums shown above, the City requires and shall be entitled to the broader coverage and/or the 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.

18.04 Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. At the option of the City, 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 investigati ons, claim administration , and defense expenses. The

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

ARTICLE 19 - OTHER INSURANCE PROVISIONS

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

A. 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).

B. 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.

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

19.02 Builder’s Risk (Course of Construction) Insurance A. 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.

B. 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, structures, processes, machinery and equipment. The Property Installation Floater shall provide p roperty 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.

19.03 Claims Made Policies
A. 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 (5) years after completion of contract work.

3. If coverage is cance lled 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 (5) years after completion of contract work.

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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.

19.04 Acceptability of Insurers
A. 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.

19.05 Waiver of Subrogation
A. 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.

19.06 Verification of Coverage
A. 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 endorsements 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.

19.07 Subcontractors
A. Contractor shall require and verify that all subcontractors maintain insurance meeting all 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.

19.08 Surety Bonds.

A. Contractor shall provide the following Surety Bonds:

1. Performance Bond

2. Payment Bond

3. Maintenance Bond
B. 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, authori zed to issue such bonds in the State of California and secured through an authorized agent with an office in California.

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19.09 Special Risks or Circumstances.

A. 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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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: 19 Section Name: CONSENT CALENDAR Account Number: 10-4666 File ID: 22-6567 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 19, 2022
SUBJECT:

On-Call Transportation Services for Various Projects – Agreements RECOMMENDATION:

Adopt a Resolution to use an alternative purchasing procedure to approve the execution of four on-call professional services agreements with AECOM Technical Services, Inc., Fehr & Peers, Kittelson and Associates, Inc., and Steer Davies and Gleave, Inc., for terms each through June 30, 2024, each for a total amount not to exceed $250,000; and authorize the Public Works Director to execute the agreements in substantially the form presented and to amend the agreements within the budget amount.

BACKGROUND:

The Public Works and the Community Development Departments require consultant services to prepare transportation impact analyses (TIAs) and transportation demand management (TDM) plans for private development projects. In light of the high volume of private development projects, and the potential need for several analysis processes to occur simultaneously, staff conducted a competitive request for qualifications (RFQ) process beginning in August 2019 to identify on-call consultant teams. City Council approved 2.5-year agreements with four firms to provide these services in January 2020: AECOM, Fehr & Peers, Kittelson and Associates, and Steer Davies and Gleave.

The firms have provided on-call services to the City for the duration of the agreements. The agreements ended on June 30, 2022. The City’s preference is to enter into new 2-year agreements directly with these four firms as opposed to conducting a new competitive process in order to ensure that transportation analysis for private development processes continues to be provided with no gap in service. Staff has drafted new agreements with each of the four firms to include the same scope as the initial services to continue to provide on-call transportation analysis services for projects.

Staff requests approval of the agreements pursuant to SMMC 3.60.050(b), which allows the Council to authorize procurement without competitive bidding procedures when calling for bids is impracticable, unavailing, or impossible.

Contracts with the four on-call transportation firms is appropriate pursuant to these standards because all firms are currently in process of conducting work for the City in these services. The continuation of services through these agreements will result in no disruption in transportation analysis services for private development projects and provides for the retainment of existing firms familiar with the City and private development processes.

To manage on-call services, staff will develop specific task orders, scopes of work, and budgets with each firm for the work effort performed as part of the on-call services contract. The general on-call services agreements will be valid through June 30, 2024.

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CITY OF SAN MATEO
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BUDGET IMPACT:

Each consultant will be issued a blanket purchase order in an amount not to exceed $250,000. The task orders will be charged to the planning application trust accounts, which are funded by the project developer, or to specific project accounts. All consultant costs will be charged to the appropriate account and are fully cost recovered.

ENVIRONMENTAL DETERMINATION:

The award of these professional services agreements is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Agreement - AECOM Technical Services, Inc.

Att 3 - Agreement - Fehr & Peers
Att 4 - Agreement - Kittelson & Associates, Inc.

Att 5 - Agreement - Steer Davies and Gleave, Inc.

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

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CITY OF SAN MATEO
RESOLUTION NO. (2022)

USE AN ALTERNATIVE PURCHASING PROCEDURE TO APPROVE THE EXECUTION OF AGREEMENTS WITH AECOM TECHNICAL SERVICES, INC., FEHR & PEERS, KITTELSON AND ASSOCIATES, INC., AND STEER DAVIES AND GLEAVE, INC. FOR ON-CALL TRANSPORTATION SERVICES ($250,000 PER

AGREEMENT)
WHEREAS, the City conducted a competitive request for qualifications (RFQ) process in 2019 seeking on-call transportation services and awarded agreements to AECOM Technical Services, Inc., Fehr & Peers, Kittelson and Associates, Inc., and Steer Davies and Gleave, Inc. in January 2020; and WHEREAS, the four above-referenced agreements for on-call transportation services ended on June 30, 2022; and
WHEREAS, all vendors are currently providing services for ongoing private development projects for the City; and
WHEREAS, the Public Works Department has identified that by entering into new agreements with these firms will ensure on-call transportation services are provided with no disruption; and WHEREAS, Municipal Code Section 3.60.050(b) allows the City Council to authorize procurement without competitive bidding procedures when calling for bids is impracticable, unavailing, or impossible if the Council makes a finding concurrent with the award that the procedures are in the best interest of the City for that particular agreement; and
WHEREAS, the award of these professional service agreements is not a project as defined by the California Environmental Quality Act in that it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

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

1. Pursuant to Municipal Code Section 3.0.050(b), the approval of these agreements for on-call transportation services with AECOM Technical Services, Inc., Fehr & Peers, Kittelson and Associates, Inc., and Steer Davies and Gleave, Inc. is in the City’s best interest because calling for bids while these firms are engaged in ongoing project work for the City is impracticable.

Entering into new agreements with these entities will ensure undisrupted provision of transportation services for City projects and private development projects.

2. The agreements, each in the amount of $250,000, are approved.

3. The Public Works Director is authorized to execute the agreements and any amendments within the budget amounts.

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AGREEMENT WITH AECOM TECHNICAL SERVICES, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

ON-CALL TRANSPORTATION ANALYSIS REPORT PREPARATION
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 AECOM TECHNICAL SERVICES, INC., a California Corporation (“CONSULTANT”), whose address is One Galleria Tower, 13355 Noel Road Suite 400, Dallas TX 75240.

RECITALS:

A. CITY desires certain on-call transportation analysis report preparation services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these 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.

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.

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SECTION 4 - TERM
The services to be performed under this Agreement shall commence on September 20, 2022 and be completed on June 30, 2024.

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 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.

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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.

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 a manner consistent with that level of care and skill ordinarily exercised by members of the same professions currently practicing in the same locality under similar conditions, 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, 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.

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

San Mateo CA 94403
To CONSULTANT: AECOM
Attn: Swathi Korpu
4 N. 2nd St. Suite 675
San Jose CA 95113
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 AECOM have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Azalea Mitch
Public Works Director
Scott Kelsey
Its Authorized Agent
Associate 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.

APPROVED AS TO FORM
Mazarin Vakharia
Assistant City Attorney

Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES

TRAFFIC IMPACT ANALYSIS (TIA) PREPARATION
TASK 1 – PROJECT INITIATION
As soon as AECOM is given a notice to proceed with the analysis, a kick-off meeting with City staff will be arranged to obtain the project details and discuss the scope of work details. The scope of work, approach, guidelines to use and methodologies will be agreed and finalized at that time.

TASK 2 – DATA COLLECTION
AECOM will identify the study intersections that are most likely to experience project impacts during the morning peak period (7:00 AM to 9:00 AM) and evening peak period (4:00 PM to 6:00 PM). A preliminary list of intersections to be analyzed will be discussed during the kick-off meeting and will be submitted to City for approval.

AECOM will use the most recent traffic count data (less than two years) if available from the City. Otherwise, new traffic count data will be collected through a 3rd party vendor agreed by City staff. The new data collection will also include bike/pedestrian counts.

Field observations will be made to review the existing intersection operations including queue spillbacks, signal phasing and timings, lane geometries and other factors that affect the analysis.

The analysis will also include the project driveways to determine how the project trips will affect the operations of the driveways.

TASK 3 – TRIP GENERATION AND DISTRIBUTION/ASSIGNMENT
TRIP GENERATION: AECOM will estimate the number of trips to be generated by both the proposed development and the existing buildings based on rates from the Institute of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition for weekday AM and PM peak periods. The net difference between the existing uses and the proposed uses will be used to determine the effect of the proposed development on the study intersections. In addition, adjustments for pass-by trips, effective TDM programs and transit will be made based on the City Plans and Guidelines if applicable.

TRIP DISTRIBUTION AND ASSIGNMENT: The trip distribution will be determined from the traffic count data and historical knowledge of traffic characteristics of this part of the City of San Mateo. Trip distribution percentages on an area map with transportation facilities and the project site will be provided for City’s review and approval.

TASK 4 – TRAFFIC IMPACT ANALYSIS

INTERSECTION ANALYSIS
AECOM will calculate the Intersection Level of Service (LOS) for the study intersections for each of the development alternatives. The software to be used will be determined based on the project characteristics and requirements of the City. The intersection LOS will be determined using HCM methodology for the following scenarios typically:

1. Existing Conditions;

2. Existing + Project Conditions;

3. Background Conditions;

4. Background Conditions + Project Conditions;

5. Cumulative Conditions; and

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6. Cumulative Conditions + Project Conditions.

Existing traffic conditions will be evaluated based on existing traffic volumes at the study intersections. Field observation data will be used to confirm the accuracy of the Existing conditions results. Project trips will be added to Existing volumes to evaluate the Existing plus Project conditions.

Background Conditions include any approved developments in the area that affect the study intersections. It is assumed that information on approved but un-constructed, and reasonably foreseeable projects will be provided by the City, so that the Background Conditions can be set up in the analysis software. Project trips will be added to Background volumes to evaluate the Background plus Project conditions.

Cumulative Conditions include any projects currently under constructions, approved but not constructed developments, projects currently under environmental review or being proposed, reasonably foreseeable future projects and area-wide traffic growth in the area that affect the study intersections. 2030 forecasts from the San Mateo travel demand model will be used to set up the operating conditions at the study intersections under cumulative conditions. Volumes will be interpolated for study intersections not included in the model. AECOM will determine whether the proposed project is included in the existing 2030 forecasts. If not, the forecasts will be adjusted to include the proposed project.

The effect of project trips on critical movement and overall delay for study intersections will be documented. Impacts to the intersections will be evaluated using LOS D and LOS E thresholds for City and CMP intersections respectively.

Vehicle Queuing
AECOM will also perform a queuing analysis, the adequacy of existing/planned storage at turn pockets will be assessed by means of comparison with expected maximum vehicle queues.

SITE ACCESS, CIRCULATION, AND PARKING
As part of this analysis AECOM will review site access and circulation to determine if there is any impact on surrounding local streets. AECOM will also evaluate driveway operations, their proposed locations and designed throat lengths in accordance to City requirements. In addition, the impacts of the proposed access and parking circulation on pedestrians and cyclists within the project site will also be evaluated with improvements or modifications recommended.

Parking supply and demand for both automobiles and bicycles, where applicable, will also be evaluated based on the City’s parking guidelines to determine if there could be impacts on the surrounding local streets onsite parking.

TRANSIT
The existing transit system will be reviewed and evaluated to determine its effectiveness in serving the proposed project. A written and graphical description of the existing and planned transit services located near the project will be developed. The description will include the following:
•Transit route description and map;
•Transit station/stop locations;
•Site access to major regional transit; and,
•Quantitative analysis for transit delay.

PEDESTRIAN/BICYCLE
AECOM will identify the most desirable pedestrian route between any shuttle stop and the project site and evaluate if the route is efficient. Similarly, pedestrian linkage between the parking areas and project site will be evaluated to determine if they provide good connectivity. Recommendations for improvements or modifications to existing / proposed facilities will be discussed and presented in the report.

AECOM will provide a qualitative evaluation of the existing bicycle facilities to determine if they will be adequate in serving the needs of this project

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TASK 5 – DEVELOP MITIGATION/IMPROVEMENT MEASURES
AECOM will identify project-generated impacts to the traffic network, transit facilities, pedestrian and bicycle facilities, storage length, site access and circulation according to the City’s guidelines. Mitigation measures including TDM, if necessary, will be proposed to improve operations where significant project-related impacts have been identified. Improvement measures may also be proposed where non-significant impacts have been identified.

The proposed mitigations measures/improvements will be discussed with City staff prior to inclusion in the Draft TIA Report.

Additionally, AECOM will discuss the possible effects of the mitigation measures on other modes of transportation if the measures involve roadway or intersection modifications or changes to signal operations.

Mitigation measures/modification of site circulation and access driveways if necessary, will be identified and recommended in accordance to traffic engineering standard practice as well City standards for parking and access design.

TASK 6 – PREPARE TRAFFIC IMPACT ANALYSIS
AECOM will prepare a Draft TIA Report that will document the data collection, figures, and analysis effort described in the above tasks. Based on one consolidated set of comments received from the City of San Mateo and other pertinent agencies on the Draft TIA report, a Draft Final TIA report will be prepared and submitted to the City. Upon completion of revisions suggested by the City, AECOM will submit the Final TIA Report.

Senate Bill (SB) 743
By mid-2020, VMT reduction guidelines per SB 743 have to be complied for all the TIAs. The City’s then planned and implemented transportation analysis policy update to comply with SB 743, will be used to calculate VMT per- capita for developments.

TASK 7 – MEETINGS AND COORDINATION
AECOM will attend up to two meetings with the City advisory boards in their proposals and also up to five meetings with the City including the kick-off meeting.

TASK 8 – QUALITY ASSURANCE AND QUALITY CONTROL
AECOM will provide quality control review of all products and both draft and final reports and plans prior to submittal to the City. Quality control and assurance (QA&QC) will be based on the standard quality control procedures implemented by AECOM on all projects.

SCHEDULE
AECOM will provide the above services in compliance with the typical schedule provided below. The exact schedule of each project will be agreed with the City at the kick-off meeting. The schedule is based on the assumption that traffic data and the review deliverables will be provided in a timely manner and in accordance with the proposed schedule.

Task Timeline
Draft TIA Report (including Data Collection) 6 Weeks from NTP* City Review of Draft TIA Report 3 Weeks
Address Comments 2 Weeks
Draft Final TIA – City and other relevant agencies review 3 Weeks

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Task Timeline
Address final comments from City and other relevant agencies and submit Final Report 1 Week
*Time commenced after comments from all stakeholders (City of San Mateo, Caltrans and any other agencies) on the scope have been satisfactorily addressed and the scope finalized; as part of the TIA notification process.

TRANSPORTATION DEMAND MANAGEMENT (TDM) PLAN PREPARATION TASK 1 – SITE ASSESSMENT
Including field visit, desk assessment (using existing online trip-planning tools) and review of transportation options in the area, the AECOM team will provide a detailed summary of the development’s site context and transportation availability. This activity will lead into reconciling a realistic assessment of “what is” and “what can be”, in order to manage travel demand and improve quality of life for area residents and workers. The AECOM team will also meet with key stakeholders as identified by the City and the development team to present our findings from Task 1 and include their input on outstanding items such as local subcultures or transportation short cuts that may not be apparent without the insights of individuals who live, work or play in this specific location.

Task 1.1 – O&D mapping
Using existing census data or available commuter surveys that have been conducted, the AECOM team will provide a map of where workers and residents are traveling to and from. This exercise provides a foundation for the consideration of which travel modes and TDM measures will be most effective within the project context.

Task 1.2 – Commuter survey (optional task)
If the City desires and if the project is sensitive to the community, an online commuter survey is an appropriate mechanism to measure the travel behavior of the individual respondents (residents, worker) who are engaged with the project. Survey questions include travel purpose, origin, destination, travel mode, awareness of available travel options, motivation for choosing one travel mode and not another, etc. This information can provide a cost-efficient outreach mechanism for manageable inputs and a direct read on the community’s relationship to its transportation.

Task 1 Deliverables:
•Meeting with City and key stakeholders
•Technical memorandum summarizing site assessment findings TASK 2 – TRANSPORTATION DEMAND MANAGEMENT TOOLS
The AECOM team has extensive experience in identifying and implementing the right tools for a given development or land use. Based on our deep understanding of what works in TDM, the team will provide an inventory of “best fits” for the project. This deliverable will likely take the form of a matrix or fact sheets on “recommended” and “required” program elements, including implementation next steps and predicted effectiveness in reducing trips.

Task 2 Deliverable:
•Inventory of “recommended” and “required” TDM program elements suited for the project site TASK 3 – DRAFT AND FINAL REPORT
Summarizing Task 1 and 2 and taking their findings to the next step, the Final Report will provide a comprehensive TDM Action Plan for the development.

First, the AECOM team will create a draft report and then conduct a meeting with the City and key stakeholders to refine the recommendations and make sure that the “recommended” vs. “required” program elements are optimized.

Based on the feedback received in written form and at the draft report presentation meeting, AECOM will submit a final revised report with program elements agreed by the City and key project stakeholders.

The Final Report will provide a straightforward and implementable Plan for the site.

Deliverables:

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•Draft Report
•Meeting with client and key stakeholders
•Final Report

ASSUMPTIONS
•The City will provide a list of less than 10 key stakeholders. •The City and key stakeholders will be available for the two (2) in-person meetings at a mutually-agreed- upon location.
•Comments on deliverables will be non-conflicting and provided in a unified and legible format. Any disagreements will be flagged and can be resolved during the two (2) project meetings. •Recommended program elements will not be controversial or require significant mediation with the City and key stakeholders.
•The City and the AECOM team will agree upon the project schedule before work begins.

ON-CALL SERVICES
Provide, on task order basis, transportation engineering and planning services to the City, including but not limited to, parking demand studies, traffic operations analyses, and parking occupancy studies.

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EXHIBIT B

FEE RATES

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

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

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

Notice of Cancellation
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
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.

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AGREEMENT WITH FEHR & PEERS

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

ON-CALL TRANSPORTATION ANALYSIS REPORT PREPARATION
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 FEHR & PEERS, a California S Corporation (“CONSULTANT”), whose address is 100 Pringle Avenue, Suite 600, Walnut Creek CA 94596.

RECITALS:

A. CITY desires certain on-call transportation analysis services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these on-call transportation analysis 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.

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 20, 2022 and be completed on or about June 30, 2024.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered, and CONSULTANT shall submit invoices to CITY on a monthly basis describing in reasonable and understandable detail the services rendered, fee charged, and expenses incurred by CONSULTANT during the previous month . CONSULTANT’s monthly invoices shall be paid within thirty (30) days after their receipt by CITY. 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 $250,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement (“Work Product”), 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. Third-party content that may be used or incorporated in the Work Product shall not become the property of CITY.

CONSULTANT shall secure all licenses necessary to any third-party content incorporated into CONSULTANT’s Work Product for CITY to utilize CONSULTANT’s services and the Work Product for their intended purposes.

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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 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.

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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 skill, care, and diligence ordinarily exercised by consultants 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.

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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 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 94033

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To CONSULTANT: Fehr & Peers
Attn: Matt Goyne
345 California Street, Suite 450
San Francisco, CA 94122
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 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 FEHR & PEERS have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Azalea Mitch
Public Works Director
Date Chris Mitchell
Its Authorized Agent
President & CEO
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
Mazarin Vakharia
Assistant City Attorney
Date
Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES
Fehr & Peers will work with the City of San Mateo to tailor the TIA scope of work based on the size and complexity to ensure the study provides the public and decision makers adequate information about the potential transportation impacts. Larger and more complex projects will likely require a detailed approach for each of the below tasks while a study that focuses on a few critical areas may be adequate for smaller projects.

Task 1.1: Meetings and Coordination
Fehr & Peers will meet with the City and/or project applicant (Project Team) for a kick-off meeting in order to mutually confirm expectations about scope of work, deliverables, and schedule. Further, we intend to keep the Project Team informed over the course of the project as to the status of our analysis and preliminary findings. We will define the number of conference calls or in-person meetings based on the size and complexity of the study. Staff time for public meetings and public hearings are included as part of Task 1.13. We will also be available to attend additional meetings on a time-and-materials basis.

Task 1.2: Initial Project Understanding and Selection of Study Area Fehr & Peers will submit a request for information, which will consist of a project description and any preliminary planning documents pertaining to the project. This information will be used to help develop a project understanding, clarify key elements of the scope of work, define the study area, and assess the various analytical options available for use in the TIA.

For smaller or less complex projects, the study area will be defined based on local knowledge and conversations with City staff. The total number and location of study intersections and freeway segments will vary based on project size, project complexity, and local considerations or areas of concern.

For larger projects or more complex projects, Fehr & Peers will conduct a preliminary analysis of weekday daily, AM and/or PM peak hour project trip generation using rates from the latest Institute of Transportation Engineers’ (ITE) Trip Generation Manual, the mixed-use trip generation methodologies described in Task 1.5, or locally specific rates described in Task 1.3. We will use the trip generation results to select the study locations (intersections and freeway segments) with the Project Team.

Task 1.3: Data Collection

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Based on our initial review of the Project, Fehr & Peers will compile existing and collect new peak-period bicycle, pedestrian, and motor vehicle intersection turning movement counts at each study intersection identified in Task 1.2. Most studies will require AM and PM peak hour counts, although some studies may not require AM counts and others may require additional study periods. For infill projects, driveway peak period and daily counts will also be obtained for all existing buildings on-site to determine the existing trip generation. Freeway counts will typically be obtained from C/CAG monitoring data or PeMS data.

Fehr & Peers will visit the site and observe traffic operations for the selected study periods. This site visit will also be used to confirm existing roadway cross-sections, intersection lane configurations, traffic control devices, and surrounding land uses. We will also collect information on transit service (typically Caltrain, SamTrans, and Commute.org shuttles), bicycle facilities, and pedestrian facilities near the site.

Some projects may also include collecting of Big Data (e.g., Streetlight data) to inform the vehicle miles traveled or travel demand estimates.

Optional Subtask: Locally Specific Trip Generation Data On request, Fehr & Peers can collect vehicle trip counts, parking occupancy counts, and/or person trip counts at one or more existing sites similar to the Project. These counts may be used to validate or modify the trip generation methodology or develop project-specific parking demand or person trip rates. This approach is applicable for unique land uses or to provide additional support for the MXD trip generation rates described above.

Task 1.4: Existing Conditions
Based on the data collection efforts from Task 1.3, Fehr & Peers will document the existing transportation conditions and facilities within the study area. This will include roadway characteristics, observations of existing traffic operations, including queuing or potential conflicts, the frequency and locations served by transit service, and the existing pedestrian and bicycle facilities.

Task 1.5 Travel Demand Estimates
Fehr & Peers will develop trip generation estimates using the Institute of Transportation Engineers’ (ITE) Trip Generation Manual, the mixed-use trip generation methodologies described in below, or locally specific rates described in Task 1.3. If applicable, we will include trip reductions based on City TDM program standards and policies for new projects. We will assess how project-generated trips access the site via the surrounding street network based on knowledge of existing local travel patterns, relative locations of complementary land uses, and/or technical tools such as a “select zone” analysis from the City’s travel demand model or Big Data. The project-generated traffic will be then assigned to the

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roadway network. Trips generated by the existing buildings on site will be credited when the project replaces an active land use.

Optional Subtask: Mixed-Use Trip Generation
In cases where the Project is composed of a mix of land uses or is located in close proximity to other land uses or regional transit, Fehr & Peers can analyze the project’s trip generation using the Environmental Protection Agency’s (EPA’s) Mixed-Use Trip Generation Methodology (referred to as “MXD”). Fehr & Peers has developed an internal tool, known as MainStreet, that allows for assessment of mixed-use and transit-oriented projects with additional information taken from Census data, regional models, and other key data sources. This methodology allows for estimates of trip internalization (i.e., how efficient the mix of uses is with respect to vehicle trip generation) and estimates of mode shift to transit, walking, and bicycling to produce more accurate trip generation estimates compared to ITE’s Trip Generation Manual.

Task 1.6: Traffic Operations Analysis
If applicable, Fehr & Peers will prepare traffic forecasts and conduct intersection and freeway operational analysis as described below. This analysis will depend on whether the City will require traffic operations analysis for all projects after revising the City’s TIA guidelines to be consistent with Senate Bill (SB) 743.

For most projects, we will use the existing and future-year forecast volumes to analyze intersection and freeway segment traffic conditions during the following scenarios:
•Existing No Project – Based on the counts collected in Task 1.3. •Existing Plus Project –Existing counts plus the addition of project-generated traffic from Task

1.5. •Cumulative No Project – Based on traffic forecasts prepared using the C/CAG, City of San Mateo, or other applicable travel demand models without the project. If the project is included in the model, we will apply a credit for the project-generated traffic or rerun the model without the project.
•Cumulative Plus Project – Cumulative forecasts with the project.

Prior to preparing future year forecasts, we will confirm the future forecast year and the appropriate travel model based on the model’s validation for the transportation network surrounding the project site and the type of project proposed.

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The intersection analysis will include motor vehicle delay and level of service (LOS) during typical weekday peak hours (normally AM and PM) using the current state of the practice methodology and software package. If applicable, we will present queueing information for individual intersections or analyze a selection of intersections with simulation tools to assess effects of vehicle queues on closely spaced congested intersections. We will evaluate freeway operations for larger projects in a manner consistent with the applicable C/CAG, Caltrans, and City of San Mateo standards. The freeway operations analysis may include queues at nearby freeway ramps to ensure the project does not cause vehicle queues to extend back onto the mainline.

Fehr & Peers will summarize the effects of the project on intersection level of service for each study period and assess the effects of project-generated traffic on intersection and freeway operations.

Optional Subtask: Background / Background Plus Project Conditions If applicable, Fehr & Peers will evaluate traffic forecasts and operations for a background and background plus project conditions. We anticipate that this will typically include previously approved but not yet constructed and occupied development projects and/or approved transportation projects.

Analysis of the background scenario will relate to the size and complexity of the project and the number of approved-not-built projects within the study area.

Task 1.7: Vehicle Miles Traveled
In accordance with the State of California Governor’s Office of Planning and Research (OPR) guidance on Senate Bill (SB) 743, Fehr & Peers will prepare project vehicle miles traveled (VMT) estimates. Fehr & Peers will coordinate with the City of San Mateo to determine the appropriate travel demand forecasting approach (such as the C/CAG model or a spreadsheet tool) to develop the project’s VMT per capita. This may require reviewing the appropriate travel demand model to confirm model detail is sufficiently accurate and sensitive within the study area and City. The analysis will include both ‘project generated VMT’ and the ‘project effect on VMT’. If applicable, we will also prepare VMT that would be required for the project’s air quality and GHG analysis.

Until the City adopts a VMT threshold for significance, Fehr & Peers will report project VMT alongside regional and local averages.

Task 1.8: Parking Analysis
Fehr & Peers will analyze the Project’s parking demand, including identifying the hour of peak parking demand, assessing potential for shared parking strategies, and documenting the comparison of project’s parking demand, City parking requirements, and proposed parking supply. Fehr & Peers will develop the parking demand using the latest ITE Parking Generation Manual, the ULI Shared Parking manual, or

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locally collected data. This data, analysis, and findings can be used to assist with the discretionary entitlement process and for the CEQA process, when applicable (such as the potential secondary effects of the project’s proposed parking supply if a parking deficit is identified).

Task 1.9: Access and Circulation
Fehr & Peers will qualitatively review the Project’s site plan and assess access and circulation for all modes. As part of this task, we will review items such as: driveway location(s), bicycle and pedestrian access, passenger loading zones, sight distance at project driveways, and on- and off-site vehicular travel way geometry. We will reference the City of San Mateo’s General Plan policies and any relevant area plans or specific plans in conjunction with general transportation engineering and planning principles.

The Project team will provide a current version of the Project site plan for this assessment.

Additional Optional Subtasks
Fehr & Peers is available to support other tasks as a part of the access and circulation evaluation such as:
•Evaluating the project’s effect on accessibility and hazards for people driving, walking, biking, riding transit, or using other modes (such as scooters) within a reasonable distance of the project site. This may include estimates of the number of people who are expected to walk, bike, ride transit, or using other modes during the study periods. •Evaluating the project’s effect on public transit travel times. •Developing conceptual plans for development project related off-site improvements, such as roadway, intersection, pedestrian, or bicycle facility changes. •Preparing a loading demand analysis to determine whether existing and future loading for passenger and freight can be accommodated at the project site. We can tailor this analysis to estimate the effects of evolving travel pattern and demographic behaviors such as increased use of transportation network companies (TNC’s, such as Uber/Lyft), autonomous vehicle, or online deliveries.
•Assessing the transportation conditions during construction, including but not limited to the anticipated number of worker and truck trips, truck routes to and from the site, and construction management plans.

Task 1.10: Impacts and Mitigations
Fehr & Peers will compare the results of Tasks 1.6 through 1.9 to the significance criteria adopted by the City of San Mateo to identify significant transportation impacts. We will identify measures to mitigate significant impacts and will identify measures to improve transportation conditions when appropriate.

We will include a discussion regarding SB 743 and potential VMT impacts in the documentation and document the TDM plan developed as a part of Section 2, if applicable. Should the project result in a significant impact to VMT or LOS, Fehr & Peers will prepare language for inclusion in the TIA and/or EIR that discusses how the proposed TDM Plan would potentially mitigate those impacts.

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Task 1.11: Alternatives
If applicable, Fehr & Peers will qualitatively assess the relative impacts of Project Alternatives by comparing their trip generation estimates to estimates to the Project. Some larger projects may require a quantitative assessment of the Project Alternatives.

Task 1.12: Documentation
Fehr & Peers will document our methodology, analysis, results and findings in a transportation impact analysis (TIA) report. It will include a discussion of the existing transportation setting, regulatory agencies, significance criteria, significant impacts and mitigation measures. In coordination with City staff, we will define the number of rounds of review for each study where we will make revisions to the report back on consolidated comments that from the Project team. If requested, we will support the environmental lead to incorporate the findings of the TIA into the draft EIR and respond to transportation-related public comments on the Draft EIR.

We are also available to document our findings using public-friendly approaches such as infographics or videos. We can discuss available options with the City.

Task 1.13: Public Meetings and Hearings
Fehr & Peers will attend public meetings and hearings on an as-needed basis. The total number and the scope of the meetings to be determined based on the initial project understanding. Fehr & Peers will prepare materials such as a presentation in advance as necessary and be available to answer questions from either elected officials, agency staff, or members of the public during these meetings.

Section 2 – Transportation Demand Management Plan
Fehr & Peers is available to prepare TDM plans as a part of a TIA report or separately as a stand-alone plan. TDM plans for unique or complex land uses, such as large corporate campuses or hospitals, may require more extensive data collection or analysis to support the recommendations compared to more traditional residential or office buildings. In general, we anticipate that our scopes of work for TDM plans would include the following tasks.

Task 2.1: Existing Conditions
Fehr & Peers will document existing transportation options within a reasonable distance (generally one- half mile) from the proposed project site, including frequency and locations served by transit service and distance by foot and bicycle to nearby complementary land uses. We will identify the existing pedestrian, bicycle, and transit facilities within this study area.

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Task 2.2: Data Collection
If applicable, such as for large corporate campuses, Fehr & Peers will collect data to support the development of a TDM plan. This could include travel surveys of people at an existing site or similar land use, counts of people driving, walking, biking, and taking transit, or other data sources listed in Task 1.3.

Task 2.3: Recommended TDM Strategies
Fehr & Peers will prepare a TDM plan that outlines measures and strategies to achieve the Project’s goal reduction to auto trips and vehicle miles traveled set forth by the City of San Mateo or C/CAG. As part of this task, we will discuss TDM options with the project sponsor and City, prepare a list of potential measures and strategies for the sponsor and City to review, document the final selection of measures and strategies, and assess the potential effectiveness in meeting the applicable non-auto mode share or trip reduction targets.

Assessment of effectiveness for most projects will be based on review of pertinent literature, including both the 2010 CAPCOA manual on Mitigating Greenhouse Gas Emissions as well as updated research Fehr & Peers is in the process of conducting for the California Air Resources Board. For larger projects or unique land uses, Fehr & Peers may conduct a more detailed market analysis of potential for shifting vehicle trips to a variety of different modes; this analysis may take into account typical commute locations, anticipated origins and destinations of trips, and existing or future transit networks. Fehr & Peers will prepare a table showing the expected effects of the TDM Plan on the traffic forecasts and operations analysis.

Task 2.4: Current and Projected Trip Generation
Fehr & Peers will use trip generation findings from the TIA to estimate the total trip reduction based on site location, surrounding transportation, density, and implementation of the TDM measures designated as ‘required’. For more complicated projects, Fehr & Peers may present a variety of TDM scenarios along with ranges of potential reduction. If the plan is prepared separately from the TIA, a task will be added to estimate trip generation using the methodologies noted in Task 1.5. Fehr & Peers will then present the estimated reduction in vehicle trips alongside the project’s goal for trip reduction and an updated projection of total trips with the TDM measures.

Section 3 – Peer Review Scope of Work

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If requested by the City of San Mateo, we will conduct a peer review of the TIA report or TDM plan prepared by another transportation consultant or by City staff. We will review the study in accordance with the City of San Mateo TIA or TDM guidelines.

Section 4 – On-Call Services
Provide, on task order basis, transportation engineering and planning services to the City, including but not limited to, parking demand studies, traffic operations analyses, and parking occupancy studies.

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EXHIBIT B

FEE RATES
2022-2023
(July 2022 through June 2023)
Hourly Billing Rates
Classification Hourly Rate
Principal $240.00 - $375.00
Senior Associate $205.00 - $300.00
Associate $175.00 - $255.00
Senior Engineer/Planner $160.00 - $215.00
Engineer/Planner $130.00 - $175.00
Senior Engineering Technician $150.00 - $215.00
Senior Project Accountant $170.00 - $190.00
Senior Project Coordinator $130.00 - $180.00
Project Coordinator $120.00 - $170.00
Technician $150.00 - $170.00
Intern $95.00 - $140.00
•Other Direct Costs / Reimbursable expenses are invoiced at cost plus 10% for handling.
•Personal auto mileage is reimbursed at the then current IRS approved rate (58.5 cents per mile as of Jan 2022).
•Voice & Data Communications (Telephone, fax, computer, e-mail, etc.) are invoiced at cost as a percentage of project labor.

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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:

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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.

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.

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AGREEMENT WITH KITTELSON AND ASSOCIATES

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

ON-CALL TRANSPORTATION ANALYSIS REPORT PREPARATION
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 KITTELSON & ASSOCIATES, INC., a CORPORATION (“CONSULTANT”), whose address is 155 Grand Avenue, Suite 900, Oakland, CA 94612.

RECITALS:

A. CITY desires certain on-call transportation analysis report preparation services hereinafter described.

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.

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.

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.

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SECTION 4 - TERM
The services to be performed under this Agreement shall commence on September 20, 2022 and be completed on June 30, 2024.

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. Notwithstanding the foregoing, CONSULTANT retains all right, title and interest to any pre-existing confidential information or intellectual property.

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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 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 with the care and skill used by members of CONSULTANT’S profession practicing under similar circumstances and the same time and in the same locality, and CONSULTANT agrees to thus perform the work.

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

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or of any applicable law or ordinance.

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SECTION 20 - LITIGATION
CONSULTANT shall testify at CITY'S request if litigation is brought against CITY in connection with CONSULTANT's services under this Agreement. Unless the action is brought by CONSULTANT, or is based upon CONSULTANT's wrongdoing, CITY shall compensate CONSULTANT for preparation for testimony, testimony, and travel at CONSULTANT's standard hourly rates at the time of actual testimony.

SECTION 21 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Sue-Ellen Atkinson
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: Kittelson and Associates, Inc.

Attn: Damian Stefanakis
155 Grand Avenue, Suite 505
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.

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

CITY OF SAN MATEO CONSULTANT
Azalea Mitch
Public Works Director
Dave Mills
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.

APPROVED AS TO FORM ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Mazarin Vakharia
Assistant City Attorney
Marc Butorac
Vice President
Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES
TASK 1 - TRAFFIC IMPACT ANALYSIS & LOS
•Coordination - Coordinate with City staff and attend a kickoff meeting. •Site Reconnaissance - Visit the site and review the physical characteristic of the site and surrounding roadways, including roadway cross-sections, pedestrian facilities, bike lanes, traffic control devices and nearby land uses.
•Observe Existing traffic conditions - Observe existing traffic to identify any operational deficiencies.

Particularly any hyper congested conditions on select corridors to determine if saturated conditions exist and whether they need to be accounted for in Synchro or Simtraffic analysis. •Data Collection – Collect existing data when all schools are back in session for the following locations:
oExisting intersection turning movement counts, bicycle and pedestrian volumes at a determined number of local study intersections and freeway ramps during the a.m. peak period (7:00-9:00 am) and p.m. peak period (4:00-6:00 pm); o24-hour driveway inbound/outbound counts at any existing project driveways to quantify the existing demand.
•Existing Conditions – Conduct and document existing traffic, transit, bicycle, and pedestrian components of the transportation system within the study area, including intersection level of service (LOS) based on City of San Mateo Traffic Impact Study Guidelines using Synchro or Simtraffic. City uses 2010 HCM methodology, unless infeasible. City still uses level of service but will be transitioning to VMT by July 1, 2020. The current LOS thresholds used by the City are described above. •Approved/Background Conditions – Develop Approved/Background transportation conditions and LOS based on approved land use development and transportation projects in the study area (to be provided by the City staff).
•Cumulative Conditions – Develop cumulative transportation conditions and LOS in the study area based on approved, proposed and planned land use development forecasts (provided by the City) and planned transportation projects (or use approved City or Countywide model). •Trip Generation - Develop trip generation for the existing and proposed uses using ITE Trip Generation Manual 10 th Edition and determine the net new trips (credit for existing uses). Apply appropriate trip reduction for internal capture and pass-by per City or ITE. Submit a trip generation memorandum to the City. If the City determines that a traffic study is still needed, then we would proceed with the more detailed traffic impact assessment. •Trip Distribution and Assignment - Develop project trip distribution using the City traffic model or C/CAG Countywide model, as appropriate and then assign these volumes to the study intersections.

Submit this to the City for review and approval.
•Impact Analysis – Identify the transportation impacts associated with the Project for the following scenarios:
oExisting plus Project Conditions
oApproved/Background plus Project Conditions
oCumulative plus Project Conditions – 2030 per City Model

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The types of transportation impacts include:
oIntersection Operations (quantitative analysis)
oQueuing at key intersections and left turn pockets (quantitative analysis) oTransit (qualitative analysis)
oBicycle (qualitative analysis)
oPedestrian (qualitative analysis)
•Congestion Management Program Analysis – Should the Project generate more than 100 PM peak hour trips, assess the potential traffic volume impacts of the Project on the San Mateo City/County Association of Government (C/CAG) Congestion Management Program (CMP) roadway system. •Site Access and On-Site Circulation Review - Review project site access for circulation, parking, EVA, loading, truck turning templates, and onsite queuing to identify any potential design/access/circulation issues.
•Parking – Evaluate proposed project parking supply compared to the Site Zone Code parking requirements. Use the ITE parking Generation for projected demand and identify any parking shortfall.
•Vehicle Queuing – Evaluate queueing for project that add significant trips to left turn pockets. Use Synchro’s 90th percentile expected maximum queues and identify any queueing issues. •Impacts and Mitigation Measures – identify Project generated impacts to the transportation network and develop mitigation measures for these impacts.
•Draft Transportation Impact Study Report – document all the assumptions and findings in a draft report and submit to City. Address one round of comments from City. •Final Transportation Impact Study Report – incorporate the responses to comments from City staff into a final Transportation Impact Study Report.
•Meetings – attend one (1) Project team meeting to discuss findings.

TASK 2 - VMT
This portion of the scope addresses VMT analysis per SB 743.

Pursuant of SB 743, the Governor’s Office of Planning and Research (OPR) published the finalized Updates to the CEQA Guidelines in November 2017. The guidelines stated that Level of Service will no longer be considered to be an environmental impact under CEQA and considers vehicle-miles-travelled (VMT) the most appropriate measure of transportation impact. Given that no standard approach or guidelines have been adopted by the City of San Mateo (adoption is not required until July 1, 2020), the VMT analysis will rely on OPR’s guidelines and suggested target thresholds.
•Before July 1, 2020, Kittelson will conduct a dual LOS and VMT analysis using either C/CAG guidelines (should these be available), or use OPR’s suggested targets and thresholds. Kittelson will base VMT per capita on mapping provided either by MTC or C/CAG to define the regional average. •After July 1, 2020, Kittelson will conduct a VMT (and LOS where appropriate) using the newly adopted City VMT guidelines, tools and thresholds. Kittelson will base VMT per capita on mapping developed specifically for the City of San Mateo. These mapping tools are currently being developed by Kittelson

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under a separate contract, and they will either be based on the new City GP model or the C/CAG Countywide model.

Kittelson will provide a discussion of vehicle miles traveled (VMT) for the region and the project’s transportation analysis zones for the proposed use. Kittelson will compute the projects VMT per capita.

Kittelson will review the City’s map-based screening criteria for VMT to assess whether or not the project screens out of a detailed VMT analysis. Kittelson will document compliance with these screening criteria and established thresholds for the proposed use.

If the Project generates an impact for VMT, then Kittelson will develop the TDM plan and related trip reduction as mitigation measure. This is discussed below.

TASK 3 - TDM PLAN
A TDM Plan will be developed based on City and or C/CAG TDM guidelines. The TDM Plan is a record of the project sponsor’s commitment to implement strategies to achieve reductions in vehicle traffic and parking demand and increase sustainable modes of travel. The plan should include at a minimum:
•Existing Transportation Facilities and Services - Document existing transportation options within a reasonable distance from the proposed project site, including frequency, distance by foot and bicycle, and locations served. Identify all existing bicycle and pedestrian facilities at and near the project site. •Recommended TDM Strategies - Identify recommended TDM strategies applicable to the proposed project. The measures will be specific to each project and location, and be designated as ‘required’ or ‘optional’ based on the required trip reduction goal for the proposed project. Recommendations will identify the project users that would benefit from each recommended measure and estimated trip reductions based on implementation of each recommended measure. •Current and Projected Trip Generation - Utilizing the trip generation findings from the TIA, and the estimated combined trip reductions based on site location, surrounding transportation, density, and implementation of TDM measures designated as ‘required’, Kittelson will evaluate the total estimated trip generation and compare to the required project trip reduction goals. •TDM as Mitigation – Should the Project be impacted for VMT, Kittelson will identify the TDM strategies and trip reductions that reduce the project to less than significant for VMT.

DELIVERABLES
•Draft Transportation Impact Study Report
•Final Transportation Impact Study Report
•VMT Analysis
•TDM Plan

DATA TO BE OBTAINED FROM THE CITY BY KITTELSON
•Signal timing sheets for all study signalized intersections. •Any available Synchro files City may have in this area for the following scenarios:

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•Figures showing the existing bicycle facilities in the study area, preferably in GIS format. •Figures showing the existing pedestrian facilities in the study area, preferably in GIS format. •A list of roadway system, pedestrian facility, and bicycle facility improvements to be included under the Approved/Background Conditions.
•A list of roadway system, pedestrian facility, and bicycle facility improvements as identified in the City General Plan to be included in the Cumulative Conditions. •A list of approved projects to be included under the Approved/Background Conditions, including trip generation, trip distribution, and trip assignment information for these approved projects. •Cumulative No Project a.m. and p.m. peak hour intersection turning volumes for the study intersections, or if not available, then access to appropriate 2030 City General Plan model so that Kittelson can develop the cumulative volumes.

DATA TO BE OBTAINED FROM APPLICANT
•Final Project description
•Existing land use information at the project site.

SCHEDULE
Typical schedules for TIA’s can vary. Kittelson can usually commit to submitting a draft TIA within 4-8 weeks of receiving a project description and the traffic counts.

This schedule would be equitably adjusted as the work progresses, allowing for changes in scope, character or size of the Project requested by the Applicant, or for delays or other causes beyond our reasonable control.

TASK 4 – ON-CALL SERVICES
Provide, on task order basis, transportation engineering and planning services to the City, including but not limited to, parking demand studies, traffic operations analyses, and parking occupancy studies.

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EXHIBIT B

FEE RATES

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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:

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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.

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.

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AGREEMENT WITH STEER DAVIES AND GLEAVE, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

TRANSPORTATION DEMAND MANAGEMENT PLAN PREPARATION
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 STEER DAVIES AND GLEAVE, INC., a Delaware Corporation (“CONSULTANT”), whose address is 45 Main Street, Suite 1036, New York, NY 11201.

RECITALS:

A. CITY desires certain transportation demand management (TDM) plan preparation services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these transportation demand management (TDM) plan preparation 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.

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.

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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 20, 2022 and be completed on or about June 30, 2024.

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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 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.

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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 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
300 W. 20th Ave.

San Mateo CA 94403
To CONSULTANT: Steer Davies and Gleave, Inc.

Attn: Julia Wean
800 Wilshire Blvd. Suite 1320
Los Angeles, CA 90017
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.

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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 STEER DAVIES AND GLEAVE, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Azalea Mitch
Public Works Director
Date Alasdair Dawson
Its Authorized Agent
North America Regional Director
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 Carmen Correa Lafuente Date
Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES
Steer will support the City of San Mateo to develop TDM Plans on an as-needed basis. When the City receives a development application with which they’d like Steer’s support, Steer will provide a scope of work, fee proposal and schedule to prepare and deliver a TDM plan.

TDM plans will include, at a minimum:

Existing Conditions
Each TDM Plan will begin with an Existing Conditions section, which will examine the physical conditions and access to services attributed to the site, as well as, based on available information about future use or target tenants, expectations for modal travel trends and barriers to alternative travel for users. This section will set the stage for the development of the TDM Strategy:

Physical Attributes
Physical attributes describe features that are built into the project sites, as well as features that help define the way the project sites themselves are set up. Important physical conditions that will likely be documented include:
• Distance from transit, including information about type, frequency, and locations served by accessible transit options. This will include Caltrain and Samtrans, as well as Commute.org shuttles • Accessibility of site by foot and bicycle
• Accessibility of other nearby destinations (will likely be deemed relevant based on proposed use of site) by foot and bicycle
• Additional bicycle and pedestrian facilities on or in close proximity to project site • Any other mobility options serving the site, in particular those which could meet first last mile needs • Parking facilities planned vs. expected number of trips generated Available TDM Services
In addition to providing information about a project site’s physical attributes, Steer will also explore and document any existing TDM services to which future users of the site will likely have access. This will likely include services such as trip planning and carpool matching offered through the Connect San Mateo and umbrella Commute.org programs, but may extend beyond that to include more specific local knowledge about future tenants if available or resources being utilized by nearby sites that could potentially be shared.

Travel Trends
In addition to existing facilities, the Existing Conditions section of each TDM Plan will examine expected travel trends and barriers to alternative travel that exist for projects of similar uses in the site area, or of the current projects when TDM plans are addressing project expansion. While the Trip Generation data will likely be developed through ITE calculations, many projects in the South Bay Area collect annual survey data, or even real-time trip count data that is likely much more accurate. Steer will would work with the City of San Mateo and neighboring cities to identify collect and examine real data from projects that are expected to generate similar types and amounts of trips.

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Recommended TDM Strategies
Steer will identify recommended TDM strategies applicable to the proposed project. The measures will be specific to each project’s location and intended use, and will include the following sections:

Site Elements
Site elements include design features that can be included in project design, such as the inclusion of bicycle facilities, on-site showers and amenities, parking, or ease of access to transit through improved sidewalk conditions. In some cases, these may already have been identified as part of trip reduction calculations in the TIA for a specific site, so Steer will work with the consultant preparing each project’s TIA to ensure that there is no ‘double-dipping’ when calculating trip reductions.

Education and Incentives
The Education and Incentives section will identify marketing tactics that will be used by the developer, property manager or tenants in order to promote existing transportation options and other TDM strategies being offered.

Incentives will include giveaways or subsidies for tenants who take advantage of alternative transportation options and will be tailored to fit the project site.

In addition to providing incentives, developers will need to ensure that their future occupants have methods of obtaining information about TDM programming and available transportation options. This may include the distribution of information through online or physical platforms, tenant events, and the use of mobile applications.

Service Provision
In the Bay Area where public transit service often does not cross county lines, many employers and developers have chosen to provide their own service, through long-distance vanpools, fixed route shuttles, and even microtransit flexible route service. Service recommendations will vary greatly based on access to public or private transit services, jurisdictional boundaries, and level of congestion along arterials, among others.

Monitoring and Reporting
Each TDM plan will include a strategy geared toward monitoring its effectiveness. As with the other TDM strategy elements, the recommended strategy for monitoring and reporting will depend on the project. Some may be equipped to measure individual trips to and from the project site through underground monitors or smart parking facilities. Others may collect better data through an annual survey of resident tenants or retail or office tenant employees.

Based on the trip generation reduction calculations for each recommended TDM strategy and the trip reduction goals assigned to the project site, each strategy will be designated as either ‘required’ or ‘optional.’ Steer will calculate the estimated trip reductions for each recommended strategy. Recommendations will include evaluation of users that would benefit from each recommended measure and estimated trip reductions based on implementation of each recommended measure.

Current and Projected Trip Generation
Steer will work with the consultant in charge of developing the TIA for each project site to learn the current projected trips based on site location, surrounding transportation and density. From there, we will calculate the estimated trip reductions for each of the TDM strategies marked ‘required.’ Tools used to calculate trip reductions will be determined between Steer, the City and the TIA consultant.

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EXHIBIT B

FEE RATES
Title Billing Rate (Hourly)
Director $270
Associate Director $230
Associate $195
Principal Consultant $170
Senior Consultant $150
Consultant $135
Assistant Consultant $120
Intern $60

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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:

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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.

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.

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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: 20 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 22-6582 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 19, 2022
SUBJECT:

Derby Avenue and Curiosity Way Pedestrian and Bicycle Access Easement – Acceptance RECOMMENDATION:

Adopt a Resolution to accept a Grant of Pedestrian and Bicycle Access Easement on Derby Avenue and Curiosity Way in substantially the form presented.

BACKGROUND:

On April 21, 2008, City Council approved the Planning Application for Bay Meadows Phase II Site Plan and Architectural Review #1 (PA 07-054). As required by condition of approval #41 of PA 07-054, Bay Meadows Station 2 Investors, LLC and Bay Meadows Station 3 Investors, LLC are required to grant Pedestrian and Bicycle Access Easements to the City along Derby Avenue and Landing Avenue when the Hillsdale Caltrain Station relocates. Caltrain relocated the Hillsdale Caltrain Station as part of the 25th Avenue Grade Separation Project in early 2022.

The easements are provided to the City for pedestrian and bicycle access on, over, and across the private portions of Derby Avenue and Landing Avenue (now known as Curiosity Way), from South Delaware Street to the Hillsdale Caltrain Station.

The two (2) Grant of Pedestrian and Bicycle Access Easements and plat and legal descriptions are included in Attachment

1. These have been reviewed and recommended for approval by the Public Works Department. The City’s contracted Licensed Surveyor determined the plats and legal descriptions are technically correct.

BUDGET IMPACT:

There is no budgetary impact for accepting the access easements.

ENVIRONMENTAL DETERMINATION:

In accordance with CEQA Guidelines section Section 15268, acceptance of the PAE’s is a ministerial act and falls within the scope of the Project Approvals and CEQA findings previously made by the City Council.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution

STAFF CONTACT
Karen Magallanes, Assistant Engineer
[email protected]
(650) 522-7576

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Jay Yu, Engineering Manager
[email protected]
(650) 522-7323

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

ACCEPTING GRANT OF PEDESTRIAN AND BICYCLE ACCESS EASEMENTS

DERBY AVENUE AND LANDING AVENUE (NOW KNOWN AS CURIOSITY WAY) WHEREAS, on April 21, 2008 the City Council approved the Planning Application for Bay Meadows Phase II Site Plan and Architectural Review #1 (PA07-054); and WHEREAS, Condition of Approval #41 requires Bay Meadows Station 2 Investors, LLC and Bay Meadows Station 3 Investors, LLC grant Public Pedestrian and Bicycle Access Easements to the City; and WHEREAS, the Pedestrian and Bicycle Access Easements are provided to the City for pedestrian and bicycle access on, over and across the private portions of Derby Avenue and Landing Avenue (now known as Curiosity Way), from South Delaware Street to the Hillsdale Caltrain Station; and WHEREAS, the Pedestrian and Bicycle Access Easements have been reviewed and recommended for approval by the Public Works Department and the City’s contracted Licensed Surveyor.

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

1. In accordance with CEQA Guidelines Section 15268, the Public Access Easement is approved as a ministerial act and falls within the scope of the Project Approvals and CEQA findings previously made by the City Council.

2. The City Council accepts the Pedestrian and Bicycle Access Easements from Bay Meadows Station 2 Investors, LLC and Bay Meadows Station 3 Investors, LLC on behalf of the City of San Mateo, in Exhibit A attached hereto.

3. The City Clerk is authorized and directed to record the Grant of Pedestrian and Bicycle Access Easements in the Office of the Recorder of the County of San Mateo.

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RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
DOCUMENT TO:

City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
Attn: City Clerk
A.P.N.: 040-031-390

GRANT OF PEDESTRIAN AND BICYCLE ACCESS EASEMENT
The undersigned Grantor declares:

DOCUMENTARY TRANSFER TAX -$0-;
CITY TRANSFER TAX -$0-; and
SURVEY MONUMENT FEE -$0-,
[ ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale,
[ ] unincorporated area;
[ X ] City of SAN MATEO, and
FOR A VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Bay Meadows Station 2 Investors, LLC, a Delaware limited liability company, hereby GRANTS to The City of San Mateo, a municipal corporation, a non-exclusive easement for public access for pedestrians and bicycles on, across, and over that certain area of land described and shown on Exhibits “A” and “B” attached hereto and incorporated herein by reference, situated in the City of San Mateo, County of San Mateo, State of California. [Signatures Follow on Next Page]
Space Above This Line for Recorder’s Use Only

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Dated: _____________________________, 2022
Bay Meadows Station 2 Investors, LLC,
a Delaware limited liability company
By:________________________________
Name:______________________________
Title:_______________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS

COUNTY OF SAN MATEO )
On ________________________________, before me,
_________________________________, Notary Public, personally appeared ______________________________________________________________ _____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
_________________________________
My Commission Expires:
___________________
This area for official notarial seal
Notary
Name:____________________________
Notary
Phone:____________________________
Notary Registration
Number:________________
County of Principal Place of
Business:_________

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CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by this Grant of Pedestrian and Bicycle Easement dated __________, 2022, from Grantor to the City of San Mateo, a municipal corporation, is hereby accepted by order of its City Council’s Resolution No. _____, adopted _________________, 2022, and the City of San Mateo consents to the recordation thereof by its duly authorized officer.

CITY OF SAN MATEO,
a municipal corporation
Date: ____________________, 2022 ___________________________________ A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS

COUNTY OF SAN MATEO )
On ________________________________, 2022, before me,
_________________________________, Notary Public, personally appeared ______________________________________________________________ _____________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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RECORDING REQUESTED BY

AND WHEN RECORDED MAIL
DOCUMENT TO:

City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
Attn: City Clerk
A.P.N.: 040-031-400

GRANT OF PEDESTRIAN AND BICYCLE ACCESS EASEMENT
The undersigned Grantor declares:

DOCUMENTARY TRANSFER TAX -$0-;
CITY TRANSFER TAX -$0-; and
SURVEY MONUMENT FEE -$0-,
[ ] computed on the consideration or full value of property conveyed, OR [ ] computed on the consideration or full value less value of liens and/or encumbrances remaining at time of sale,
[ ] unincorporated area;
[ X ] City of SAN MATEO, and
FOR A VALUABLE CONSIDERATION, the receipt and sufficiency of which are hereby acknowledged, Bay Meadows Station 3 Investors, LLC, a Delaware limited liability company, hereby GRANTS to The City of San Mateo, a municipal corporation, a non-exclusive easement for public access for pedestrians and bicycles on, across, and over that certain area of land described and shown on Exhibits “A” and “B” attached hereto and incorporated herein by reference, situated in the City of San Mateo, County of San Mateo, State of California. [Signatures Follow on Next Page]
Space Above This Line for Recorder’s Use Only

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Dated: _____________________________, 2022
Bay Meadows Station 3 Investors, LLC,
a Delaware limited liability company
By:________________________________
Name:______________________________
Title:_______________________________
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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STATE OF CALIFORNIA )
) SS

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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CITY OF SAN MATEO
3 6
4 3

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 21 Section Name: CONSENT CALENDAR Account Number: 10-4663 File ID: 22-6589 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 19, 2022
SUBJECT:

Mariners Island Condos Public Improvements – Acceptance RECOMMENDATION:

Adopt a Resolution to accept public improvements including new street trees, sidewalks, curbs, gutters, and storm drain catch basins in accordance with the Subdivision Improvement Agreement for Mariners Island Condos between the City of San Mateo and TNHC Tidelands LLC.

BACKGROUND:

City Council approved the Mariners Island Condos Final Map and the associated Subdivision Improvement Agreement (Agreement) on January 5, 2015. The final map subdivided the 2.87-acre lot at the northwest corner of Mariners Island Boulevard and East 3rd Avenue for condominium purposes, creating seventy-six (76) residential condominium units. The Agreement addressed the construction of the public improvements that were required as conditions of approval for the project and the vesting tentative map approved under PA 05-096.

Prior to the commencement of construction, TNHC Tidelands LLC was required to provide the City surety bonds totaling $702,400 per Section 14 of the Agreement. After this, permits were issued for the construction of the public improvements. On June 12, 2018, the Public Works Department signed off on the construction permits for the public improvements. Public Works has verified that all planning application conditions of approval and public improvements have been satisfactorily completed. Upon the satisfactory completion of the public improvements, the Agreement requires acceptance by City Council.

BUDGET IMPACT:

The City will assume maintenance responsibilities for all public improvements. Ongoing costs for maintenance of the new improvements within the City right-of-way will be funded through the Public Works maintenance budget.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Subdivision Improvement Agreement
Att 3 – Mariners Island Condos Final Map

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CITY OF SAN MATEO
3 6
4 3

STAFF CONTACT
Ryan Brunmeier, Assistant Engineer
[email protected]
(650) 522-7314

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

ACCEPTING PUBLIC IMPROVEMENTS FOR
MARINERS ISLAND CONDOMINIUMS (PA 05-096)
WHEREAS, on October 15, 2007, the Planning Commission approved the project and vesting tentative map for 400 Mariners Island Boulevard Condominiums (PA 05-096), creating seventy-six residential condominium units including eight below-market rate units; and WHEREAS, on August 1, 2014, the developer filed the final map in compliance with conditions of approval and the Subdivision Map Act and the City Subdivision Code, together with the required fees and deposits, with the City Engineer; and
WHEREAS, on January 5, 2015, the City Council approved the Mariners Island Condominium Final Map and Mariners Island Condos Subdivision Improvement Agreement; and WHEREAS, the Mariners Island Condos Subdivision Improvement Agreement addressed various public improvements required as conditions of approval for the project and vesting tentative map approved under PA 05-096; and
WHEREAS, the Public Works Department has verified that all planning application conditions of approval and subdivision improvements have been satisfactorily completed and Public Works staff recommends formal acceptance of those improvements.

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

1. The project was reviewed under the Mitigated Negative Declaration for PA 05-096, Mariners Island Condominiums, and approved by the Planning Commission on October 15, 2007.

2. The City Council accepts the public improvements related to the Subdivision Improvement Agreement for Mariners Island Condos.

3. This Resolution of Acceptance will be recorded with the San Mateo County Recorder’s Office.

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EXEMPT FROM RECORDING FEE
Pursuant to Government Code 6103
RECORDING REQUESTED BY:

C
2015-122619
1CITY CLERK'S OFFICE

CITY OF SAN MATEO
330 W. 20TH AVENUE
SAN MATE 0, CA 94403
WHEN RECORDED MAIL TO:

CITY CLERK

CITY OF SAN MATEO
330 WEST 20TH AVENUE
SAN MATEO, CA 94403
2:49 pm 11120115 A3 Fee: 30.00
Count of Pages 6
Recorded in Official Records
County of San Mateo
Mark Church
Assessor-Count Clerk-Recorder
11 Clerk-Recorder
1 j 21 1 111 2 „ „ I *

THIS SPACE
FOR

RECORDER'S USE ONLY
II

TITLE OF DOCUMENT
Amendment to Subdivision Improvement Agreement
PA05-096 Mariners Island Condos
Assessor's Parcel Number: 035-503-390; JPN 035-050-503-39A

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Recording Requested by and
When Recorded Mail to:

City Clerk
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Exempt from Filing Fee
Per Government Code §27383

AMENDMENT TO SUBDIVISION IMPROVEMENT AGREEMENT
PA 05-096, MARINERS ISLAND CONDOS
(Assessor's Parcel Number: 035-503-390; JPN: 035-050-503-39A) THIS AMENDMENT to the Subdivision Improvement Agreement for PA 05- 096, "Mariners Island Condos," dated April 30, 2015, identified as document number "2015-051755 CONF" recorded in the Official Records of the County of San Mateo, California ("Subdivision Improvement Agreement"), is made and entered into this 149141 day of el:11-elviber, 2015 (the "Effective Date"), by and between the City of San Mateo, a municipal corporation of California ("City"), and TNHC Tidelands LLC, a Delaware limited liability company ("Developer"), and The New Home Company Northern California LLC, a Delaware limited liability company ("Original Subdivider")
WHEREAS, Original Subdivider wishes to assign the Subdivision Improvement Agreement to Developer; and
WHEREAS, it is necessary to amend the Subdivision Improvement Agreement to assign the Subdivision Agreement to Developer;
NOW, THEREFORE, the parties agree as follows:
1 Original Subdivider hereby transfers and assigns to Developer, and Developer hereby assumes, all rights, obligations, liabilities and duties of the "Subdivider" arising under the Subdivision Improvement Agreement from and after the Effective Date.

2. As of the Effective Date, the Subdivision Improvement Agreement is amended as follows:

All references to "The New Home Company Northern California LLC" or "New Home Company Northern California LLC" in the Subdivision Improvement Agreement are deleted and replaced with "TNHC Tidelands

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By:

LLC," and all references to "Subdivider" in the Subdivision Improvement Agreement are deemed to refer to Developer.

3. City agrees to accept from Developer all bonds and/or alternative security required to be provided by Subdivider under the Subdivision Improvement Agreement, and upon such acceptance City shall release all bonds and/or alternative security previously provided by Original Subdivider under the Subdivision Improvement Agreement.

4. All other terms of the Subdivision Improvement Agreement, including exhibits, remain in full force and effect.
[NON-CITY SIGNATURES TO BE NOTARIZED]
DEVELOPER:

TNHC Tidelands LLC, a Delaware limited liability company tiO PDiS DATED:

Kevin Carson, Authorized Representative
TNT-IC Tidelands LLC
1990 North California Blvd., Suite 650
Walnut Creek, CA 94596
ORIGINAL SUBDIVIDER:

The New Home Company Northern California LLC, a Delaware limited liability company
Kevin Carson, Authorized
Representative
The New Home Company Northern
California LLC
1990 North California Blvd., Suite 650
Walnut Creek, CA 94596

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Zjt
Brad 11 Underwood
Director of Public Works
City of San Mateo
330 West 20 1 Avenue
San Mateo, CA 94403
By:
ved as to Form:

Patrice M. Olds/City Clerk

CITY OF SAN MATEO
DATED: PI /cfir

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ACKNOWLEDGMENT
A notary public or other officer completing this
certificate verifies only the identity of the individual who signed the document to which this certificate is
attached, and not the truthfulness, accuracy. or
validity_of that document.

State of California c o _
County of
-F-64") NidarlA On OV-OeMI5er Ot 2-01G before me. Niak' (insert name and title of the officlr) personally appeared n aar6Y\ who proved to me on the basis of satisfactory evidence to be the personX whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies). and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted. executed the instrument.

I certify under PENALTY OF PERJURY under the taws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature 4 1-4 (Seal)

NICOLE HUNT
Commission I 2044877
Notary Public - California
Z " Contra Costa County —
M Comm. Expires Oct 11. 2017

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WITNESS my hand and official seal.

Signature
4,

State of California
County of San Mateo
On 10-15-2015 before me, Patrice M. Olds, City Clerk (insert name and title of the officer)
personally appeared Brad B. Underwood
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
1^ 1

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2015-051755 FIRST AMERICAN TITLE COMPANY
8:00 am 05120/15 AG Fee: 54.00
Count of Pages 14
Recorded in Official Records
County of San Mateo
Mark Church
Assessor-County Clerk-Recorder
*II IR I j1j1 i1 12 1 fi 11e 1 12 112 1111 111*11

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

City Clerk
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403

SUBDIVISION IMPROVEMENT AGREEMENT
PA 05-096, Mariners Island Condos
THIS AGREEMENT is made and entered into this o?ttn .11 , 2015, by and between the City of San Mateo, a municipal corporation of California ("City"), and The New Home Company Northern California LLC, a Delaware limited liability company ("Subdivider").

RECITALS
A. Subdivider is the owner of that certain tract of land, more particularly described in Exhibit A attached hereto and incorporated herein by this reference, located at 400 Mariner's Island Boulevard in the City of San Mateo, County of San Mateo, State of California; and
B. Subdivider's application for a vesting tentative map was approved by the San Mateo City Council on October 15, 2007, subject to various conditions.

C. Subdivider has presented to City for approval a final subdivision map, dated June 2014 ("Map"), incorporated herein by reference.

D. Subdivider has requested approval of the Map prior to the completion of certain improvements.

E. City desires to assure that the improvements will be done in a good and workmanlike manner, in accordance with the Conditions of Approval for the Vesting Tentative Tract Map approved by the City on October 15, 2007, City, state and federal standards.

NOW, THEREFORE, in consideration of the approval of the Map, and in order to ensure satisfactory performance by Subdivider of Subdivider's obligations under the tentative map conditions of approval, the Subdivision Map Act, and the San Mateo Municipal Code, the parties agree as follows:

1. Bonds. City desires that Subdivider post bonds, pursuant to this Agreement, to secure the performance, construction and completion of improvements in connection with Subdivider's project and Conditions of Approval. Specifically, City desires that Subdivider post bonds for certain street beautification, street tree, sidewalk, curb and gutter, two driveway approaches, storm pump station improvements, sewer main repairs, and sewer lateral improvements (collectively, the "Required Improvements"). The total cost of the Required Improvements is estimated to be $439,000, which includes a ten-percent contingency cost. A list

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of the Required Improvements is also attached hereto as Exhibit B, and is incorporated herein by reference

2. Performance of Work. Subdivider shall, at its own cost and expense, perform, in a good and workmanlike manner, all of the work and improvements within and without the subdivision, which are shown on the Map, or on improvement plans, profiles, and specifications which have been submitted to the City Engineer or may hereafter be so submitted, as finally approved, or which improvements are required as conditions of approval of the subdivision by the City, or are required to be done by any provision of law as a condition of said subdivision.

3. Standards. All work to be performed hereunder shall be done to the satisfaction of the City Engineer. No work on the Required Improvements shall commence until the plans, profiles, and specifications have been submitted to and approved by the City Engineer. All of the Required Improvements shall be constructed in accordance with the approved plans, profiles, and specifications and Subdivider shall do, or cause to be done, all work and furnish all materials necessary in the opinion of the City Engineer to complete the Required Improvements in accordance with the approved plans, profiles, and specifications, or any changes required by the City Engineer, which in his or her opinion are necessary or required to complete the work. All costs of checking said plans, profiles, and specifications, and of all inspections of the work shall be paid by Subdivider. Any approval under this section does not relieve Subdivider, or its engineers or landscape architects, from liability.

4. Time of Commencement and Completion. Subdivider has already obtained a site development permit for grading or removal of major vegetation in accordance with the San Mateo Municipal Code. Unless otherwise approved by the City, all Required Improvements shall be constructed and approved by the City Engineer prior to occupancy of any building on the site.

5. Payment of Costs. Without limitation, Subdivider shall pay all costs and expenses related to or arising from the performance of any work to complete the Required Improvements, including, but not limited to, payment for any materials, provisions, and other supplies used in, upon, for, or about said work, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, Costs and expenses shall also include, but not be limited to, the costs of any engineering, plans and specifications, city personnel or consultant costs to prepare right of way maps and related documents, construction manager, escrow payments, contract administration, encroachment permits, utility relocation, and legal fees. On a monthly basis, City shall submit to Subdivider a detailed statement of costs and expenses that are to be reimbursed from an account established by City. Subdivider has posted a deposit in the amount of Twenty Five Thousand Dollars ($25,000) (the "Deposit") with the City for City's reimbursement of such costs and expenses. City may, in its discretion, set up an escrow account that will be funded by the Deposit, or in the alternative, hold the Deposit in a separate account that the City can access for said reimbursement(s). City shall draw from the escrow account or otherwise draw down from the Deposit account in the amount stated in the monthly statement of costs and expenses, subject to review and approval by Subdivider within ten (10) calendar days of City's sending of invoice to Subdivider. Any disputed amount will be subject to mediation with a jointly-selected mediator at Subdivider's expense within thirty (30) days of Subdivider's written objections to disputed costs or expenses. Any unused portion 2 562 of 741

of the Deposit shall be reimbursed by City to Subdivider upon completion of the Required Improvements.

6. Acceptance by City. The City Engineer shall have the right to reject any and all Required Improvements under this Agreement if they do not conform, in his or her sole judgment, with the plans, profiles, and specifications mentioned herein and with the ordinances and standards of the City. Final acceptance of the Required Improvements shall be by the City Council.

7. Guarantee and Maintenance. Notwithstanding the fact that Subdivider's plans, profiles, and specifications, completion of work, and other acts to be performed hereunder are subject to approval by the City, it is understood and agreed that any approval by the City shall in no way relieve Subdivider of satisfactorily performing said work or its obligations hereunder.

Subdivider warrants that the plans, profiles, and specifications submitted shall conform at a minimum to the City Standard Drawings and Specifications and to applicable provisions of the San Mateo Municipal Code in effect as of the date of this Agreement, and that they are adequate to accomplish the work in a good and workmanlike manner, and in accordance with sound construction practices.

8. Warranty of Work. Subdivider warrants and guarantees all work performed hereunder and all materials used therein for a period of one year after completion and final acceptance by the City Council.

9. Repair, Replacement or Reconstruction. If within the one year period after the City Engineer accepts the Required Improvements, all or any portion of the work required under this Agreement fails to fulfill the requirements of this Agreement, then Subdivider, without delay and without cost to the City shall repair, replace or reconstruct the defective or otherwise unsatisfactory part of the work. The repair work, if required, shall be completed to the satisfaction of the City Engineer. If Subdivider fails to act in accordance with this requirement, or should the exigencies of the situation require repairs or replacements to be made before Subdivider can he notified, City may make the necessary repairs and replacement or perform the necessary work, and Subdivider shall pay to the City the actual cost of the repairs and replacement.

10. Permits: Compliance with Law. Subdivider will, at Subdivider's expense obtain all necessary permits and licenses for the Required Improvements and give all necessary notices and pay all fees and taxes required by law. It the performance of this Agreement. Subdivider shall comply with all laws, ordinances, regulations, and rules of all governmental agencies with jurisdiction, including, but not limited to, the provisions of the Government Code, the Public Contract Code, and the Labor Code of the State of California.

11. Inspection by City. Subdivider shall, at all times, maintain proper facilities and provide safe access for inspection by City to all parts of the work subject to City's acceptance.

Subdivider shall pay for all engineering, inspection, and survey services in accordance with San Mateo Municipal Code Section 26.60.010.

12. Reversion to Acreage. If the Subdivider fails to perform its obligations under this Agreement after having been given an opportunity to cure any such failure in accordance with 3 563 of 741

section 17(A)(5) below, Subdivider consents to the reversion to acreage of the land which is the subject to this Agreement pursuant to Government Code section 66499.16 and to bear all applicable costs.

13. Superintendence by Subdivider. Subdivider shall personally supervise the work or have a competent foreman or superintendent on the work site at all times during the course of construction with the authority to act for Subdivider.

14. Bonds Required. The Subdivider shall present to the City surety bonds of a form satisfactory to the City Attorney, issued by a company authorized to issue surety bonds in the State of California, as follows:

A. At the time of signing this Agreement, the following bonds shall be presented:
(1) Faithful Performance (100% of the cost of the Required Improvements) to secure faithful performance of this Agreement by the Subdivider. (2) Labor and Materials (50% of the cost of the Required Improvements) to secure payment by the Subdivider of laborers and material engaged pursuant to this Agreement, and further to secure payment as required by the Unemployment Insurance Act.

B. At the time of signing this Agreement, or before the City accepts the improvements, the following bond shall be presented:

Maintenance (10% of the cost of the Required Improvements) to secure performance of Paragraph 1 above. This bond shall remain in effect for one (1) year after the date of acceptance by the City Council of the improvements.

15. Alternate Security. In lieu of the bonds required above, alternative security approved by the City Attorney may be substituted.

16. City May Require Additional Security. If either upon execution of this Agreement or during the course of performance the City considers that it is necessary to have the Subdivider post additional security, the City may require either an additional cash deposit or a surety bond guaranteeing performance. The condition of the security shall be that if the Subdivider fails to perform its obligation under this Agreement, the City may iri the case of a cash bond act for it using the proceeds or in the ease of a surety bond require the sureties to perform the obligations of the Agreement.

17. Default and Breach by Subdivider and Remedies of the City.

A. Upon the occurrence of any of the following events, the Subdivider shall be deemed to be in default under this Agreement:
(1) Failure to complete the Required Improvements within two years of the date of this Agreement.
(2) Failure to correct or cure any defect in the Required Improvements during the one-year guarantee and warranty period.
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(3) Insolvency, appointment of a receiver, or the filing of any petition in bankruptcy, whether voluntary or involuntary, if not cured or discharged within a period of thirty (30) days.
(4) Commencement of a foreclosure action against the subdivision or any portion thereof, or any conveyance by the Subdivider in lieu of or in avoidance of foreclosure.
(5) Failure to perform any obligations under this Agreement within thirty (30) days after receipt of written notice from the City of Subdivider's failure to perform, or if performance in 30 days is not possible, failure to commence performance and diligently pursue completion thereafter, in accordance with the terms and provisions of this Agreement.

B. City reserves to itself all remedies available to it at law or in equity for any breach of Subdivider's obligations under this Agreement.

C. City shall have the right, without limitation of other rights or remedies, to draw upon or utilize any improvement security furnished hereunder to mitigate City's damages in the event of Subdivider's default.

1. The City may serve written notice of any default upon the surety on any corporate surety bond furnished as improvement security hereunder, and request that the surety take over and complete the Required Improvements. If the surety, within seven (7) days after service of such notice of default, does not give the City written notice of its intention to perform this Agreement, or does not commence performance within five (5) days after notice to the City of its intention to perform, the City may take over the work and prosecute the same to completion, by contract or by other method the City deems advisable, for the account and at the expense of the Subdivider and its surety.

2. Subdivider acknowledges that the estimated total costs and Required Improvement security amounts set forth herein may not reflect the actual cost of construction or installation of the Required Improvements, and consequently, City's damages for Subdivider's default shall be measured by the cost of completing the Required Improvements. If the damages incurred by the City in taking over and completing any portion of the Required Improvements exceed the principal amount of the Required Improvement security, then the Subdivider shall reimburse the City in the amount of such excess damages.

D. City may, without liability for doing so, take possession of, and utilize in completing the Required Improvements, such materials, appliances, plant and other property belonging to Subdivider as may be on the site of the work and necessary for the performance of the work. Subdivider hereby consents to entry by the City and its forces, including contractors, upon any real property in the subdivision owned by the Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on any portion of the Required Improvements following Subdivider's default.

E. Subdivider acknowledges and agrees that, upon approval of the Map for the Subdivision, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the Subdivision, and that such approval constitutes the 5 565 of 741

final act necessary to permit the division of land within the Subdivision. As a result, City will be damaged to the extent of the cost of construction or installation of the Required Improvements upon Subdivider's failure to perform its obligations under this Agreement.

Subdivider further acknowledges that any determination as to whether a reversion to acreage or rescission of approval of the Subdivision constitutes an adequate or necessary remedy for Subdivider's default shall be within the sole discretion of the City.

F. The City's failure to take an enforcement action with respect to a default, or to declare a default or breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of the Subdivider.

G. If City sues to compel Subdivider's performance of this Agreement, or to recover damages or costs incurred in completing or maintaining the work on the Required Improvements, Subdivider agrees to pay all attorneys' fees and other costs and expenses of litigation incurred by the City in connection therewith, even if Subdivider subsequently resumes and completes the work.

18. Hold Harmless. Subdivider will indemnify, defend, and hold City, its elected and appointed officers, agents, and employees harmless from any and all liabilities, obligations, damages, costs, injuries, or claims arising from, or alleged to arise from, the performance of, or nonperformance of, this Agreement,
The liabilities protected against are any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, property damage, inverse condemnation, or any combination of these, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the City reviewed the improvement plans and specifications or accepted the Required Improvements as completed, and including the defense of any suit, action or other proceeding concerning these.

The actions causing liability are any act or omission (negligent or non-negligent) in connection with the matters covered by this Agreement and attributable to the Subdivider, contractor, subcontractor, or any officer, agent or employee of one or more of them, The indemnification in this section is not conditioned or dependent on whether or not the City has prepared, supplied, or reviewed any plan(s) or specification(s) in connection with this work or subdivision, or has insurance or other indemnification covering any of these matters, or that the alleged damage resulted partly from any negligent or willful misconduct of the City.

19. Insurance Required. Subdivider shall procure and maintain for the duration of the contract the insurance set forth in Exhibit C of this Agreement.

20. No Waiver by City. Inspecting of the work or materials, or approval of work or materials, or a statement by an officer, agent or employee of the City indicating the work complies with this Agreement, or acceptance of all or any portion of the work or materials, or payments thereof, or any combination of all of these acts shall not relieve Subdivider of its obligation to fulfill this Agreement; nor is the City by these acts prohibited from bringing an action for damages arising from the failure to comply with this Agreement.

21. Liability. Neither the City nor any of its officers, agents, or employees shall be liable to Subdivider, its contractor, subcontractors, officers, agents, or employees, for any error or omission, or any obligation whatsoever, arising out of or in connection with any work to be 6 566 of 741

performed under this Agreement. The City, its elected or appointed officers, agents, and employees shall not be liable to the Subdivider or to any person, firm or corporation whatsoever, for any error or omission, or any obligation or liability whatsoever, arising out of or in connection with any work to be performed under this Agreement.

22. Use and Maintenance of Improvements. Subdivider agrees that the use of any and all of the Required Improvements, for any person and by any person, shall be at the sole and exclusive risk of the Subdivider at all times prior to final acceptance by City. Subdivider agrees to assume all maintenance responsibilities for the Required Improvements until final acceptance by City.

23. Title to Improvements. Title to and ownership of all Required Improvements shall vest in City for the Required Improvements.

24. Final Inspection, Certification and Acceptance. All of the Required Improvements must be completed prior to the final inspection. Notice in writing, requesting final inspection, shall be submitted to the City Engineer at least five days prior to the anticipated date of final inspection. Upon the Subdivider's satisfactory completion of the Required Improvements, the City Engineer shall certify that the Required Improvements have been satisfactorily completed, shall recommend acceptance of the Required Improvements by the City Council, and shall place the matter on the next available City Council agenda.

25. Time of Essence. Time is of the essence in this Agreement. The Required Improvements shall be completed within two years of the date of this Agreement. The City Engineer may extend the time for completion of Required Improvements hereunder, upon good cause being shown by the Subdivider. Any extension must be documented in an amendment to this Agreement, and City Engineer is authorized to enter into such an amendment on behalf of City. Any such extension may be granted without notice to the Subdivider's surety and any extension so granted shall not relieve surety's liability on the bonds.

26. Assignment of Contract. Neither this Agreement, nor any part of it, is assignable by Subdivider without the written consent of the City, not to be unreasonably withheld or delayed.

27. Subdivider Not Agent of City. Neither Subdivider nor its agents or contractors are agents of City in connection with the performance of Subdivider's obligations under this Agreement.

28. Notices. All notices required shall be in writing, and delivered in person or sent by registered mail, postage prepaid. A party or the surety may change the address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address.

Notices to the City shall be addressed as follows:

Brad B. Underwood, Director of Public Works
City of San Mateo
330 West 20th Avenue
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San Mateo, CA 94403
B. Notices to the Subdivider shall be addressed as follows:

New Home Company Northern California
1990 North California Blvd. Suite 650
Walnut Creek, CA 94596
Attn: Brian Olin
(925) 244-0700
C. Notices for the Subdivider's surety shall be sent to:

Philadelphia Indemnity Insurance Company
251 S. Lake Avenue., Ste. 360
Pasadena, CA 92656
Mike Hall, Specialty Branch Manager
(626) 639-1321

29. Heirs, Successors and Assigns. This Agreement shall be binding upon and inure, to the benefit of the heirs, successors and assigns of the parties.

30. Entire Agreement. This Agreement constitutes the entire Agreement of the parties with respect to its subject matter. All modifications, amendments, or waivers of any terms of this Agreement shall be in writing and signed by the duly authorized representatives of the parties.

31. Agreement Attaches to the Land and Recordation. This Agreement pertains to and runs with the real property described in Exhibit A. This Agreement binds the successors in interest of each of the parties to it until all the subdivision improvements have been completed and certified complete by the City of San Mateo. The City shall cause this Agreement to be • recorded with the County Recorder and a copy will be provided to Subdivider.

32. Severability Clause. If any portion of this Agreement is adjudged invalid, its remaining provisions are not affected.
[SIGNATURES ON FOLLOWING PAGE]
8 568 of 741

DATED: By:
e 11(14.AA-VIA
Mason, -City Attorney
fie Patrice M. (fIlds, City

NON-CITY SIGNATURES TO BE NOTARIZED
SUBDIVIDER:

DATED: Le/1//r--

NEW HOME COMPANY NORTHERN CALIFORNIA
LLC
a Delaware limited liability company

By:

Brian Olin, Authorized Representative

NEW ROME COMPANY NORTHERN

CALIFORNIA LLC
1990 North California Blvd., Suite 650
Walnut Creek, CA 94596
CITY:

Brad B. Underwood, Director of Public Works

CITY OF SAN MATEO
330 West 20th Avenue
San Mateo, CA 94403
ATTEST: APPROVED AS TO FORM:
9 569 of 741

(Seal)
WITNESS my hand and official seal.

Signature

State of California
County of Contra Costa
April 1st, 2015 before me, Tanah Teixeira, Notary Public On (insert name and title of the officer)
personally appeared Brian Olin
who proved to me on the basis of satisfactory evidence to be the person whose name is/pr ie subscribed to the within instrument and acknowledged to me that he/ executed the same in his/jaefitlatdir authorized capacity(ic‹, and that by his/WIWi f signature on the instrument the personker, or the entity upon behalf of which the personcted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

TANAH TEIXEIRA
Coollosion 0 2044919
WI* Public - Col0ofoll
Coen Costa Cooly
COMM. EXPMIS Oct it 1017

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Signature

State of California
County of San Mateo
On 4-2-2015 before me, Patrice M. Olds, City Clerk (insert name and title of the officer)
personally appeared Brad B. Underwood
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

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Exhibit A

DESCRIPTION OF PROPERTY
Real property in the City of San Mateo, County of San Mateo, State of California, described as follows:

LOT 1 IN BLOCK 1, AS SHOWN ON THAT CERTAIN MAP ENTITLED "MARINER'S ISLAND UNIT NO. 2, SAN MATEO, SAN MATEO COUNTY, CALIFORNIA", FILED IN

THE OFFICE OF THE COUNTY RECORDER OF SAN MATEO COUNTY, STATE OF CALIFORNIA, ON MARCH 4, 1966, IN BOOK 64 OF MAPS, AT PAGES 31 TO 35 INCLUSIVE.

APN: 035-503-390
JPN: 035-050-503-39A
Exhibit A- I

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Exhibit B
List of Required Improvements
STREET BEAUTIFICATION - The applicant shall improve the street frontage to match the City of San Mateo street beautification program in effect at the time of construction. The applicant shall have beautification plans as shown on the approved plans.

STREET TREES - The applicant shall plant street trees to match the City of San Mateo street tree plan in effect at the time of construction. The street tree plans shall be constructed per City Standard Drawings 3-1-847, Tree Planting Details.

STREET MARKINGS - The applicant shall install necessary street markings of a material and design approved by the City Engineer, and replace any that are damaged during construction. These include but are not limited to all pavement markings, painted curbs and handicap markings. All permanent pavement markings shall be thermoplastic. Color and location of painted curbs shall be shown on the plans and subject to approval by the City Engineer. Any existing painted curb or pavement markings no longer required shall be removed by grinding if theroplastic, sand blasting if in paint. Once installed, the applicant shall coordinate with City crews to mark any red curb within the proposed City right-of-way with a City seal.

SIDEWALK - The applicant shall replace to existing City standards the entire sidewalk adjacent to this project. Sidewalk repair shall match existing color, texture and design, and shall be constructed per City Standard Drawing 3-1-141A. An inspection made at the time the planning application was filed showed a minimum of twenty-four hundred (2400) square feet of sidewalk to be replaced.

This figure is provided only to determine minimum bonding requirements for the encroachment permit. Limits of sidewalk repair will be determined by the Public Works Construction Inspector during the construction phase.

CURB AND GUTTER - The applicant shall remove and replace the entire curb and gutter along the frontage of the project limits. New curb and gutter shall be constructed per City Standard Drawing 3-1-141A. An inspection made at the time the planning application was filed showed a minimum of four hundred (400) linear feet of curb and gutter to be replaced. This figure is provided only to determine minimum bonding requirements for the encroachment permit. Limits of curb and gutter repair will be determined by the Public Works Construction Inspector during the construction phase.

DRIVEWAY APPROACHES - The applicant shall install two (2) City Standard Commercial driveway approaches as shown on the approved plans. The new commercial driveway approach shall be constructed per City Standard Drawing 3-1-148.

SEWER LATERAL - The applicant shall connect to the existing sewer main located in the property easement. The installation shall be done in accordance with City Standard Drawing 3-1- 101 including a 6" property clean-out.
i
Exhibit B-1

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Exhibit C
Insurance Requirements
City of San Mateo Insurance Requirements

CITY OF SAN MATEO

DEPARTMENT OF PUBLIC WORKS
330 West 20th Avenue
San Mateo, CA 94403
(650) 522-7300
(650) 522-7301 fax

STANDARDS FOR INSURANCE
Commercial General Liability (or Comprehensive) and Property Damage Insurance Coverage Required of All Persons Performing Work on Street Rights of Way or Other City Property (except see Standards for Utility Companies and City Contractors) The following requirements must be observed.

Must have COMMERCIAL GENERAL LIABILITY (or COMPREHENSIVE) and PROPERTY DAMAGE:
$250,000 EACH PERSON
$500,000 EACH OCCURRENCE*
$100,000 EACH OCCURRENCE*
$250,000 AGGREGATE

COMMERCIAL GENERAL

LIABILITY
(or COMPREHENSIVE)

PROPERTY DAMAGE
*May NOT substitute "each accident" for "each occurrence" Insurance MUST name the City of San Mateo as an additional insured using the following wording EXACTLY, and Insurance certificate MUST show:
"THE CITY OF SAN MATEO, ITS ELECTED AND APPOINTED

OFFICIALS, EMPLOYEES AND AGENTS ARE NAMED AS
ADDITIONAL INSURED."
*Must have 30-day cancellation clause.

Exhibit C-I

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CITY OF SAN MATEO
3 6
5 1

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 22 Section Name: CONSENT CALENDAR Account Number: 10-5112 File ID: 22-6598 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 19, 2022
SUBJECT:

Police Department Patrol Vehicles Purchase – Contract
RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and approve a contract with National Auto Fleet Group for the purchase of nine (9) new 2023 Ford Hybrid Police Interceptor Utility vehicles in the amount of $579,552.03; and authorize the Public Works Director to execute the purchase contract in substantially the form presented.

BACKGROUND:

Replacement of police vehicles is imperative to provide service to the community and safe transportation during the execution of police duties. The vehicle standard for most law enforcement is the Ford Police Interceptor Utility. Ford is producing a hybrid model, engineered to be pursuit rated, that the Police Department would like to incorporate into its fleet. Therefore, staff requests the purchase of nine (9) new hybrid models to replace nine (9) existing vehicles that are past due for replacement.

Staff utilized Sourcewell pricing through National Auto Fleet Group for the purchase of the vehicles. Sourcewell conducted competitive bidding processes to select vendors and establish competitive pricing on vehicles and equipment. The City may rely on the competitive bids obtained by Sourcewell in lieu of obtaining independent bids. In accordance with Municipal Code Section 3.60.070(h)(3), staff requests that City Council approve the alternative purchasing procedure of using Sourcewell pricing as being in the best interests of the City because the Ford Interceptor Utility vehicles is the standard for most law enforcement agencies and the City may rely on bids obtained from Sourcewell because it is a government organization that has solicited, received, and reviewed competitive bids through its cooperative purchasing program. Based on the above, staff recommends purchase of the vehicles through Sourcewell from National Auto Fleet Group, a Sourcewell member.

BUDGET IMPACT:

Sufficient funding is available in the Vehicle and Equipment Replacement Fund (Fund 81).

ENVIRONMENTAL DETERMINATION:

This purchase 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.

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CITY OF SAN MATEO
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5 1

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Purchase Contract

STAFF CONTACT
Marie Silva, Facilities and Fleet Services Manager
[email protected]
650-522-7328

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)
APPROVING ALTERNATIVE PURCHASING PROCEDURE FOR THE PURCHASE CONTRACT OF NINE (9) NEW FORD HYBRID POLICE INTERCEPTOR UTILITY VEHICLES IN THE AMOUNT OF $579,552.03 WHEREAS, the City Council is being asked to award a contract for the purchase of nine (9) Police Interceptor Utility vehicles in the amount of $579,552.03; and WHEREAS, San Mateo Municipal Code Section 3.60.030 generally requires competitive bidding for contracts of $100,000 or more; and
WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures when it is in the best interest of the City; and WHEREAS, Sourcewell offers services to make the government procurement process more efficient through cooperative purchasing; and
WHEREAS, use of Sourcewell – NJPA Contract #091521-NAF offers competitive pricing for the Ford Hybrid Police Interceptor Utility vehicles from National Auto Fleet Group; and WHEREAS, based on these circumstances, staff recommends approval of the alternative purchasing procedure of using a Sourcewell quote and the purchase of nine (9) Ford Hybrid Police Interceptor Utility vehicles because it is in the best interest of the City without standard competitive bid practice.

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

1. The purchase of nine (9) new Ford Hybrid Police Interceptor Utility vehicles 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 to the environment. (CEQA Guidelines Section 15378(b)(5).)

2. In accordance with Municipal Code Section 3.60.070(h)(3), the purchase of nine (9) new Ford Hybrid Police Interceptor Utility vehicles from National Auto Fleet Group based on pricing from Sourcewell is in the City’s best interest for these reasons:
a. The Ford Police Interceptor Utility vehicle is the standard for most law enforcement agencies; and
b. A hybrid version of the Police Interceptor Utility vehicle is available; and c. The City has obtained competitive pricing for the nine (9) new Ford Hybrid Police Interceptor Utility vehicles with Sourcewell – NJPA Contract #091521-NAF from National Auto Fleet Group; and
d. Sourcewell (formerly NJPA) competitively bids the contracts to provide the listed equipment and the bid was awarded to National Auto Fleet Group.

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3. The procedure utilized by staff of obtaining Sourcewell – NJPA Contract #091521-NAF with National Auto Fleet Group pricing for nine (9) new Ford Hybrid Police Interceptor vehicles is approved in accordance with Municipal Code Section 3.60.070(h)(3).

4. The purchase of nine (9) new Ford Hybrid Police Interceptor Utility vehicles in the amount of $579,552.03 is approved.

5. The Public Works Director is authorized to execute the purchase contract in substantially the same form on behalf of the City.

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Purchase Contract for Goods Page 1 of 15
Rev 9/17
PURCHASE CONTRACT FOR NINE (9) NEW FORD HYBRID POLICE INTERCEPTOR UTILITY VEHICLES

FROM NATIONAL AUTO FLEET GROUP
This Purchase Contract (“Contract”), 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 NATIONAL AUTO FLEET GROUP, a Division of Chevrolet of Watsonville (“VENDOR”).

RECITALS:

A. CITY desires to purchase nine (9) 2023 Ford Hybrid Police Interceptor Utility vehicles hereinafter described.

B. CITY desires to engage VENDOR to provide this Ford Hybrid Police Interceptor Utility vehicle by reason of its qualifications and experience and VENDOR has offered to provide the required goods on the terms and in the manner set forth herein.

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - PURCHASE
The goods to be purchased from VENDOR under this Contract are described in Exhibit A to this Agreement, which is attached and incorporated by reference.

SECTION 2 - PRICE AND TAXES
All prices, for an amount not to exceed $579,552.03, shall be as stated in this Contract and are firm and not subject to escalation. This purchase is subject to all California sales tax.

Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.

SECTION 3 - PAYMENT
Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from date of receipt of invoice or acceptance of goods, whichever occurs last. Invoices must cite the purchase order number to prevent delay in payment. All invoices must be mailed to City of San Mateo, Attn: Accounts Payable, 330 West 20th Avenue, San Mateo, CA 94403.

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SECTION 4 - DELIVERY AND PERFORMANCE
Time is of the essence in the performance of this Contract. If delivery of goods cannot be made at the specified time, VENDOR shall promptly notify the CITY of the earliest possible date for delivery.

Notwithstanding such notice, if VENDOR for any reason fails to deliver goods within the time specified or to the CITY’s satisfaction the CITY may terminate this Contract or any part thereof without liability except for goods previously provided and accepted. The CITY’s receipt or acceptance of all or part of a non-conforming delivery shall not constitute a waiver of any claim, right or remedy the CITY has under this Contract or applicable law.

SECTION 5 - SHIPMENT AND INSPECTION
VENDOR assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the vendor unless so specified in this Contract.

All shipments shall be F.O. B. 1961 Pacific Blvd. San Mateo. Transportation charges shall be shown as a separate item on the invoice.

The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have the right to inspect any or all of the goods at VENDOR’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance. VENDOR shall be responsible for payment of shipping for the return of any defective goods. Shipping documents and invoices must cite the Purchase Order number.

SECTION 6 - WARRANTIES
In addition to any other expressed or implied warranties and unless otherwise agreed in writing, VENDOR warrants that all products delivered hereunder will be new, suitable for use as described, of the grade and quality specified, free from all defects in design, material and workmanship; in conformity with all samples, drawings, descriptions and specifications furnished; in compliance with all applicable federal, state and local laws and regulations, and free of any liens and encumbrances. These warranties shall not be deemed to exclude VENDOR’s standard warranties or other rights or warranties which the CITY may have or obtain.

SECTION 7 - INDEMNITY
VENDOR 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 VENDOR’s performance of this Contract, except for those claims arising out of CITY’s sole negligence or willful misconduct. VENDOR agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.

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SECTION 8 - TERMINATION
This Contract may be terminated by mutual consent of both parties or by the CITY at its discretion. The CITY may cancel an order for goods at any time with written notice to VENDOR, stating the extent and effective date of termination. Upon receipt of this written notice, VENDOR shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, VENDOR shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

SECTION 9 - REMEDIES
In the event of VENDOR’s breach of this Contract, City may take any or all of the following actions, without prejudice to any other rights or remedies available to the City by law: (a) require Vendor to repair or replace such goods, and upon VENDOR’s failure or refusal to do so, repair or replace the same at VENDOR’s expense; (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at VENDOR’s option, said return to be made at VENDOR’s cost and risk; (c) cancel any outstanding deliveries and treat such breach by VENDOR as VENDOR’s repudiation of this contract. In the event of the CITY’s breach hereunder, VENDOR’s exclusive remedy shall be VENDOR’s recovery of the goods or the purchase price payable for goods shipped prior to such breach.

SECTION 10 - COMPLIANCE WITH LAW
VENDOR warrants that it will comply with all federal, state, and local laws, ordinances, rules and regulations applicable to its performance under this Contract. VENDOR shall obtain and maintain throughout the life of the Contract all permits or licenses required in connection with the manufacture, sale, and shipment of the products ordered under this Contract.

SECTION 11 - ASSIGNMENT
VENDOR shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

SECTION 12 - ARTWORK, DESIGNS, PATENTS, COPYRIGHTS AND TRADEMARKS VENDOR hereby agrees that the sale, use or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Contract are free and clear of infringement of any valid patent, copyright, or trademark. VENDOR shall hold the CITY harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits or actions alleging such infringement, and VENDOR agrees to defend such claims, suits or actions.

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SECTION 13 - GOVERNING LAW
This Purchase Order and the contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.

SECTION 14 - VENUE
In the event of litigation, venue will be in the County of San Mateo.

SECTION 15 - WAIVER
The waiver of any term, condition or provision hereof shall not be construed to be a waiver of any other such term, condition or provision, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision.

SECTION 16 - COSTS AND ATTORNEY FEES
Attorney fees in an amount not exceeding $85 per hour per attorney, and 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 Contract. 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 Contract.

SECTION 17 - MEDIATION
Should any dispute arise out of this Contract, 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 mediator shall be selected by a "blindfolded" process.

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SECTION 18 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Marie Silva
City of San Mateo
1961 Pacific Blvd.

San Mateo, CA, 94403
To VENDOR: National Auto Fleet Group
Attn: Jesse Cooper
490 Auto Center Drive
Watsonville, CA, 95076
SECTION 19 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and VENDOR 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 VENDOR. [SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and National Auto Fleet Group have executed this Agreement the day and year first above written.

CITY OF SAN MATEO VENDOR
Azalea Mitch
Public Works Director
Jesse Cooper
Account Manager
Its Authorized Agent

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EXHIBIT A

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CITY OF SAN MATEO
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3 6

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 23 Section Name: CONSENT CALENDAR Account Number: 82-4681 File ID: 22-6282 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 19, 2022
SUBJECT:

Citywide Elevators and Lifts Maintenance Service – Agreement RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and approve a three-year agreement with TK Elevator Corporation for maintenance and repair services for City-owned elevators and lifts with the option for up to three one- year renewals for a total up to six years in an amount not to exceed $590,004; approve a contingency reserve of $118,000 for large, unanticipated repairs; and authorize the Public Works Director to execute the agreement and annual renewals in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

To ensure the safety of the public and protect workers in the elevator industry, elevators and wheelchair lifts must be inspected monthly to meet State Division of Occupational Safety and Health permit requirements and must pass annual inspections by the State of California. As a result, certified specialists must perform regular inspections, testing, and maintenance of elevators and lifts at City-owned facilities.

Pricing for the scope of work proposed is based on competitive bids obtained by Sourcewell (formerly National Joint Powers Authority). Pursuant to Municipal Code Section 3.60.070(h)(3), which authorizes the Council to approve an alternative purchasing procedure when it finds doing so is in the best interest of the City, staff recommends relying on the pricing obtained by Sourcewell because it is a government organization that has solicited, received, and reviewed competitive bids for the desired elevator maintenance and repair services through its cooperative purchasing program. In addition, nine of the thirteen City elevators are manufactured by TK Elevator Corporation, they have a positive history of maintaining these elevators, and they have extensive knowledge of City’s expectations and requirements. Based on the above, staff recommends entering into an agreement to TK Elevator Corporation.

The agreement is for up to a total of six (6) years (i.e., three-year base contract and up to three annual renewals) of $70,260 per year, which allows for an annual CPI increase of up to 4% each year, and an annual amount of $20,650 for repairs, as summarized in the table below.

Year
Base Inspection
Contract
(with CPI Increase)
Annual Allowance
for Minor Repairs
Total Annual
Amount
Year 1 $70,260 $20,650 $90,910
Year 2 $73,080 $20,650 $93,730
Year 3 $76,008 $20,650 $96,658

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3 6
Year 4 $79,044 $20,650 $99,694
Year 5 $82,212 $20,650 $102,862
Year 6 $85,500 $20,650 $106,150
Total 6-Year
Amount $466,104 $123,900 $590,004
Staff also recommends establishing a contingency reserve in the amount of $118,000 for large, unanticipated repairs. Staff will obtain separate quotations from TK Elevator utilizing Sourcewell pricing for any large repairs performed using the contingency reserve.

BUDGET IMPACT:

The cost for this service agreement will be funded through two different sources. The five downtown parking garage elevators will be funded from the Downtown Parking and Security Fund (Fund 14) and the remaining eight elevators and five wheelchair lifts will be funded from the Fleet and Building Maintenance Fund (Fund 82). Sufficient funding is available in both programs.

ENVIRONMENTAL DETERMINATION:

This service 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 - Proposed Resolution
Att 2 - Agreement

STAFF CONTACT
David Blakley, Building Maintenance Supervisor
[email protected]
(650) 522-7355
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2022)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT WITH TK ELEVATOR

CORPORATION FOR CITYWIDE ELEVATORS AND CHAIR LIFTS MAINTENANCE SERVICES WHEREAS, the City Council is being asked to award an agreement to TK Elevator Corporation for the maintenance and repairs of citywide elevators and chair lifts in the amount of $590,004, with a contingency reserve of $118,000, for up to six years; and
WHEREAS, the elevators in the City of San Mateo are required by the State of California Division of Occupational Safety and Health to be maintained; and
WHEREAS, San Mateo Municipal Code Section 3.60.030 generally requires competitive bidding for agreements of $100,000 or more; and
WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure upon a finding that the alternative purchasing procedure is in the best interest of the City; and
WHEREAS, Sourcewell (formerly known as NJPA), offers services to make the government procurement process more efficient through cooperative purchasing, and has conducted a competitive bidding process to perform protection of vertical transportation equipment; and WHEREAS, use of TK Elevator Corporation’s price quote through Sourcewell provides a competitive price to the City and allow the City to complete required inspections and maintenance efficiently by eliminating the need to develop specifications and eliminating solicitation of bids through a project-specific competitive bidding process; and
WHEREAS, TK Elevator Corporation was selected based on their experience and availability to perform maintenance and repair services; and
WHEREAS, based on these circumstances, staff has determined that this is a competitive price because companies have submitted competitive bids to Sourcewell.

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

1. The maintenance and repair of existing elevators and wheelchair lifts is exempt from CEQA review as an “existing facility” because it consists of the operation, repair, maintenance, permitting, licensing, leasing, or minor alternation of existing public or private structures, facilities, or mechanical equipment involving negligible or no expansion of use. (CEQA Guidelines Section 15301.)

2. In accordance with Municipal Code Section 3.60.070(h)(3), the award of an agreement with TK Elevator Corporation for the maintenance and repair of citywide elevators and chair lifts is in the City’s best interests for these reasons:
a. The City is required to appropriately maintain and repair its elevators and chair lifts; and

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b. The City is not equipped to perform maintenance or repairs of elevators and chair lifts and therefore requires a third-party service; and
c. Sourcewell competitively bids contracts to provide competitive pricing through cooperative purchasing; and
d. The City has obtained competitive pricing from TK Elevator Corporation for the service and maintenance of elevators and chair lifts through Sourcewell; and e. TK Elevator Corporation is able to perform maintenance and repair services based on its experience and expertise.

3. The procedure utilized by staff of obtaining TK Elevator Corporation’s services through Sourcewell is approved in accordance with Municipal Code Section 3.60.070(h)(3).

4. The agreement with TK Elevator Corporation for elevator and chair lift maintenance services in the amount of $590,004 and the establishment of a 20% contingency reserve in the amount of $118,000 is approved.

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

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Contract for Services with SB854 Page 1 of 23
Rev. 7/21
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AGREEMENT WITH TK ELEVATOR CORPORATION

FOR ELEVATOR AND CHAIR LIFT MAINTENANCE SERVICES

FOR CITY OF SAN MATEO
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 TK ELEVATOR CORPORATION, a Corporation, formerly known as ThyssenKrupp Elevator ("CONTRACTOR"), whose address is 3100 Interstate North Circle, SE STE 500, Atlanta, CA 30339.

RECITALS:

A. CITY desires certain elevator and chair lift maintenance services hereinafter described.

B. CITY desires to engage CONTRACTOR to provide these elevator and chair lift maintenance 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. Exhibit A consists of the TK Elevator Blended Coverage Agreement (one traction elevator, twelve hydraulic elevators and five wheelchair lifts).

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 and his subcontractors shall comply with State’s Prevailing Wage Laws.

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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.

CONTRACTOR or subcontractor shall not be qualified to bid on, be listed in a bid proposal, or engage in the performance of any contract for public work unless currently registered and qualified to perform public work pursuant to Section 1725.5 of the Labor Code. For the work performed for the City, the CONTRACTOR and his subcontractors shall pay the workers at the prevailing wage rate as determined by the California Department of Industrial Relations, for this locality. This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

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 July 1, 2022, and be completed on or about June 30, 2025. The Public Works Director may authorize up to three (3) one- year extensions for a maximum contract length of six (6) years ending June 30, 2028.

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 of $5,855 per month pursuant to rates stated in Exhibit B, attached and incorporated by reference. Up to $20,650 per year in additional work beyond the base scope for a maximum compensation for the first full contract year is not to exceed $90,910. Total compensation for the base three-year (3) agreement is not to exceed $281,298.00.

The rates in Exhibit B may be adjusted once per contract year in accordance with annual indices of the "Consumer Price Index for All Urban Consumers," Bay Area City average, all items (1967=100) as published in the Monthly Labor Review by the U.S. Department of Labor, (CPI); or by 4%, whichever is lower. The Contractor will be responsible for calculating CPI adjustment factors subject to City approval. Copies of calculations and published indexes of the "Consumer Price Index for all Urban Consumers," as identified in this section, will be submitted with each adjustment invoice for verification and approval.

If all extensions are authorized by the Public Works Director and the maximum annual adjustment of 4% is applied, the maximum six-year (6) contract total is not to exceed $590,004.00.

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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 CONTRACTOR. 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.

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. Notwithstanding the above, CONTRACTOR’S duty to indemnify and cost to defend shall not exceed CONTRACTOR’S proportional share of negligence. Under no circumstances shall any party to this Agreement be liable for consequential damages.

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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 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.

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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.

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: City of San Mateo
Attn: David Blakley
1961 Pacific Blvd.

San Mateo, CA 94403
To CONTRACTOR: TK Elevator Corporation
Attn: Marc McCabe
3100 Interstate N Cir SE, Suite 500
Atlanta, GA 30339

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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 including any contrary provisions within Exhibit A, identified as CONTRACTOR’s Blended Coverage Agreement.

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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IN WITNESS WHEREOF, CITY OF SAN MATEO and TK ELEVATOR CORPORATION have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Azalea Mitch
Public Works Director

APPROVED AS TO FORM
__________________________
Linh P. Nguyen, Assistant City
Attorney
Mark Hintz
VP Contracts
If a Corporation, can be either 1)
President or 2) Vice President
plus an additional corporate
officer (i.e., Secretary,
Treasurer) who shall sign below.

ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
__________________________
Mike Askren
Regional Vice President
Attachments:

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

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EXHIBIT A

SCOPE OF SERVICES

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EXHIBIT B

PAYMENT RATES

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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.

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 additional 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. CONTRACTOR’S additional insured obligation shall be in accordance with the Indemnification as outlined in Article 11. 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.

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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 of whether or not the City has received a waiver of subrogation endorsement from the insurer.

Deductibles and Self-Insured Retentions
Any deductibles of 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. Notwithstanding the above, City has approved CONTRACTOR’S one million dollar self- insured retention for automobile liability and general liability, as well as the $500,000 self-insured retention for workers’ compensation coverage. Any modifications to these amounts must be agreed to in writing by both parties before becoming effective.

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. In the event of a claim, the City reserve 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: 24 Section Name: CONSENT CALENDAR Account Number: 10-4666-01 File ID: 22-6634 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 19, 2022
SUBJECT:

Downtown San Mateo Grade Separation Railroad Crossing Elimination – Grant Funding RECOMMENDATION:

Adopt a Resolution to authorize an application for the Federal Rail Administration Railroad Crossing Elimination Grant Program in the amount of $6,000,000 to fund the development of a project study report, preliminary engineering plans, and environmental planning documents to assess the Downtown San Mateo Grade Separations Project; commit $2,000,000 in local matching funds; and authorize the City Manager to execute a funding agreement with the U.S.

Department of Transportation to encumber any funds awarded.

BACKGROUND:

The Federal Rail Administration (FRA) issued a Notice of Funding Opportunity for the Department of Transportation’s National Infrastructure Investments (i.e., the Railroad Crossing Elimination (RCE) Grant Program) under the Infrastructure Investment and Jobs Act (Bipartisan Infrastructure Law) on July 6, 2022. The grants through this program are intended to fund highway-rail or pathway-rail grade crossing improvement projects that focus on improving the safety and mobility of people and goods. Grant applications are due on October 4, 2022.

Staff proposes to submit a grant application for the development of a needed planning-level analysis of the Downtown San Mateo Grade Separations Project consisting of a project study report, preliminary engineering plans, and environmental planning documents. This planning-level analysis of the Downtown San Mateo Grade Separations Project is estimated to cost $8,000,000. The proposed study involves planning for grade separations at six (6) of the Caltrain crossings in the City’s downtown (1st, 2nd, 3rd, 4th, 5th, and 9th Avenues). As the 7th largest commuter rail line in the nation, Caltrain provides commuter rail services along a corridor from the City and County of San Francisco to the City of Gilroy. Forty at-grade street/railroad crossings (places where local streets cross the railroad tracks) exist along Caltrain’s corridor. Twenty-eight of these crossings are in San Mateo County, with eight (8) in the City – the most of any other municipality.

While the rail line offers a critical transportation service to the Bay Area community, the at-grade crossings in the City pose serious safety risks and disconnect the downtown from the neighboring communities. The Federal Railroad Administration has recognized grade crossing incidents to be the second leading cause of rail-related deaths in America. As part of its Business Plan, Caltrain is planning to increase rail service along the corridor from 92 trains per day to 360 per day by 2040, further exacerbating the safety concerns at the City’s existing crossings and resulting in significant gate downtimes of up to 45 minutes each hour. The daily shutdowns will increase vehicle idle times, potentially increase harmful air emissions, block pedestrian and bicycle traffic, and will negatively affect emergency response times.

The proposed grade separations will be critical to ensuring conditions in the City remain safe and equitable. This will increase safety exponentially, and it is expected to produce environmental sustainability and quality of life benefits. In addition, it will provide economic opportunities to the downtown area and will greatly improve mobility and community

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connectivity, particularly for some of our most underserved community members living in the adjacent neighborhoods.

As the financial sponsor, the City is responsible for obtaining the funding needed for Caltrain to design and construct the grade separations. The City understands that key considerations for RCE grant applications include the project’s incorporation of environmentally sustainable practices and opportunities for increased local economic productivity. In its capacity as the sponsor of this effort, the City commits to supporting the use of environmentally sustainable practices as part of the future construction, as well as the use of fair labor practices. Currently, the City is successfully engaged in a Project Labor Agreement (PLA) for the construction of the Wastewater Treatment Plant Upgrade and Expansion Project.

The PLA for this $400 million construction project, managed by the City, has proven to stabilize wages and has increased workforce development and apprenticeship opportunities. The City commits to the supporting these measures as part of the grade separation effort that Caltrain would lead as well.

BUDGET IMPACT:

The estimated cost for the planning-level effort is $8,000,000. The submittal for the RCE grant application for $6,000,000 will require an estimated $2,000,000 in local matching funds. If the application is selected, the sources for the matching funds would need to be determined (i.e., combination of Measure A, Measure S, and the General Fund), and staff would return to the Council for a formal appropriation of funds.

ENVIRONMENTAL DETERMINATION:

The authorization of a grant application to fund a project study report, preliminary engineering plans, and environmental documents and commitment by the City to completion of the project study report, preliminary engineering plans, and environmental documents with matching funds in an estimated amount of $2,000,000 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, and because it involves administrative activities that will not result in direct or indirect physical changes to the environment. (CEQA Guidelines Sections 15378(b)(4), (b)(5))

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Project Description

STAFF CONTACT
Jay Yu, Engineering Manager
[email protected]
(650) 522-7323
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303

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CITY OF SAN MATEO
RESOLUTION NO. (2022)

A RESOLUTION SUPPORTING THE DEVELOPMENT OF A PROJECT STUDY REPORT, PRELIMINARY ENGINEERING

DESIGNS, AND ENVIRONMENTAL PLANNING DOCUMENTATION FOR THE DOWNTOWN SAN MATEO GRADE SEPARATIONS PROJECT AND SUBMISSION OF A GRANT APPLICATION TO THE U.S. DEPARTMENT OF TRANSPORTATION OFFICE OF THE SECRETARY OF TRANSPORTATION FOR THE FY2022 RAILROAD CROSSING

ELIMINATION GRANT PROGRAM
WHEREAS, the City of San Mateo (Sponsor) is served by Caltrain, which provides commuter rail services along a corridor extending from the City and County of San Francisco to the City of Gilroy; and WHEREAS, twenty-eight at-grade rail crossings (places where local streets cross the railroad tracks) exist along Caltrain’s corridor in San Mateo County; eight are located in the City of San Mateo, the most of any city along the corridor; and six of which are in downtown San Mateo; and WHEREAS, the Federal Railroad Administration has recognized grade crossing incidents to be the second leading cause of rail-related fatalities in the nation; and WHEREAS, Caltrain plans to increase its commuter rail service from 92 trains per day to 360 trains per day by 2040, resulting in gate downtimes at the at-grade crossings for up to 45 minutes during the peak hours, which will increase safety concerns and impede mobility between historically underserved communities and economic, job and services centers located in downtown San Mateo; and WHEREAS, the Sponsor has identified the need for grade separations at 1st, 2nd, 3rd, 4th, 5th, and 9th Avenues in the core of downtown San Mateo to address these safety concerns, minimize future negative impacts from Caltrain’s increase in service, including gate downtime, and to re-connect neighboring communities; and
WHEREAS, the Sponsor has developed the Downtown San Mateo Grade Separations project which requires the development of a project study report, including preliminary engineering plans, and environmental planning documents (Project) for the grade separations in the downtown rail corridor; and WHEREAS, currently it is estimated to cost $8,000,000 to implement the Project scope; and WHEREAS, the Sponsor will seek $6,000,000 in federal grant funding for the Project; and WHEREAS, the Office of the Secretary of Transportation issued a Notice of Funding Opportunity for the Department of Transportation’s National Infrastructure Investments (i.e., the Railroad Crossing Elimination (RCE)) Grant Program under the Infrastructure Investment and Jobs Act (“Bipartisan Infrastructure Law”) on July 6, 2022; and
WHEREAS, the Sponsor supports the incorporation of environmentally sustainable design practices in the Project and in the future construction phase of the Downtown San Mateo Grade Separations project; and

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WHEREAS, the Sponsor recognizes that the use of highly skilled labor benefits the community and thus supports the use of apprenticeship programs and collective bargaining agreements between the contractor and trade unions in the future construction phase of the Downtown San Mateo Grade Separations project; and WHEREAS, the U.S. Department of Transportation requires a governing board resolution from the Sponsor for the following items:

1. Authorizing the Project and application for $6,000,000 in RCE Grant Program funds for the Project;

2. Committing the Sponsor to the completion of the Project, including the commitment of matching funds currently estimated to be $2,000,000 for implementation; and

3. Authorizing the chief executive of the Sponsor, or his/her designee, to sign a funding agreement with the U.S. Department of Transportation, if funds are awarded, for the Project and to take any other actions necessary to give effect to this resolution.

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

1. The commitment to matching funds for and completion of a project study report, preliminary engineering designs, and environmental planning documents, and authorization of a grant fund application is not a project subject to CEQA. This is because the Project 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, and because it involves administrative activities that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(4), (b)(5).)

2. City staff is directed to submit an application for RCE Grant Program funds for $6,000,000 for the project study report, preliminary engineering designs, and environmental planning documents for the Downtown San Mateo Grade Separations project.

3. The City Manager, or his designee, is authorized to execute a funding agreement with the U.S.

Department of Transportation to encumber any funds awarded.

4. The City commits to the completion of the Project, including the commitment of the estimated $2,000,000 in matching funds needed for implementation, if awarded the requested funds.

5. The City certifies that any funds awarded by the U.S. Department of Transportation will be used to supplement existing funds for the Project and will not replace existing funds or resources.

6. City staff is authorized to take any other actions necessary to give effect to this resolution.

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Memorandum
To: File

From: Azalea Mitch, Public Works Director

Date: March 14, 2022

Re: Downtown San Mateo Grade Sepa rations – Project Description

Scope
Application for planning level grant for the development of a Project Study Report (PSR), preliminary engineering plans / and environmental documents (PE/ENV) for the Downtown San Mateo Grade Separations project (Project). The Project consists of grade separations at six (6) of the crossings in the City’s downtown (1st, 2nd, 3rd, 4th, 5th, and 9th Avenues).

Cost: $8M ($3M PSR, $5M PE/ENV)

City of San Mateo ‐ Background
The City of San Mateo is in San Mateo County, on the Peninsula in the San Francisco Bay Area. It is bordered by Burlingame to the north, Foster City to the east, Belmont to the south, and Hillsborough to the west. The City is conveniently situated 19 miles south of San Francisco and 30 miles north of San Jose. It covers an area of 15.4 square miles, including 3.87 square miles of tidelands from the San Francisco Bay to the east and a range of coastal mountains to the west.

The City provides a full range of municipal services. These include police, planning, building, sewer, street maintenance, and general administrative services. Based on the California Department of Finance, the City’s population as of 2021 was just over 103,000, which represents about 13.5 percent of the countywide population. Also based on the most recent U.S.

Census data, per capita personal income for San Mateo residents was $62,784, which is slightly above the amount for San Mateo County as a whole ($61,545) and well above the value for the State of California ($36,955). According to the preliminary April 2021 figures from the Employment Development Department, the City's unemployment rate is 4.2%, which is slightly below the County's unemployment rate at 4.8%.

Equity Priority Areas
While income levels are above those of San Mateo County’s, the City has a number of equity priority communities. The Metropolitan Transportation Commission (MTC) has identified these areas as those that have low per capital income and a

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high concentration of people of color. The City’s North Shoreview, South Shoreview, and North Central neighborhoods have been identified by the MTC as equity priority communities.

https://mtc.ca.gov/planning/transportation/access‐equity‐mobility/equity‐priority‐communities

Caltrain Corridor

The City is served by Caltrain, which provides commuter rail services from the City and County of San Francisco to the City of Gilroy. It consists of a 77‐mile route and 32 stations. Forty at‐grade street / railroad crossings (places where local streets cross the railroad tracks) exist along Caltrain’s corridor from the City and County of San Francisco to the City of San Jose.

Twenty‐eight of these crossings are in San Mateo County, with eight (8) in the City of San Mateo (City) – the most of any other city. As the 7th largest commuter rail line in the nation, Caltrain connects thousands of Bay Area residents to their workplaces, homes, and businesses on a daily basis. While the rail line offers a critical transportation service to the Bay Area community, the at‐grade crossings in the City pose serious safety impacts. The Federal Railroad Administration has recognized grade crossing incidents to be the second leading cause of death. In the City, the Caltrain crossings have resulted in number of collisions (Figure 1).

To address these concerns, the City has proposed plans to eliminate six (6) of the eight (8) existing at‐grade street crossings.

Currently, the City’s eight (8) at‐grade crossings include Villa Terrace, Bellevue, 1st, 2nd, 3rd, 4th, 5th, and 9 th Avenues. Over
50,000 vehicles cross the at‐grade locations in the City daily (Figure 2). These at‐grade crossings were included as candidate grade separation projects in San Mateo County Transportation Authority’s 2004 Expenditure Plan.

As part of its Business Plan, Caltrain has been working on electrifying the rail system. Currently, 92 Caltrain trains travel through the corridor on a weekday basis. Initially, this upgrade will increase Caltrain’s capacity by over 30 percent, resulting in the travel of up to six (6) trains through the corridor during the peak hours in both directions. By 2040, it is expected that the trains will increase to 360 per day. The electrification project is scheduled to be completed by late 2024. The tracks are also used by Union Pacific freight trains during the night‐hours when Caltrain is not in operation. The improved performance will lower greenhouse gas emissions and accommodate an increase in ridership. The tracks will also support the use of the State’s high‐speed rail system.

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Figure 1 – Collisions at Caltrain Grade Crossings

Caltrain Grade Separations
https://www.caltrain.com/Assets/1Background+on+Caltrain+Corridor+Grade+Crossings+$!26+Seaprations.pdf

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Figure 2 – Daily Traffic Crossings

Caltrain 2040 Business Plan ‐ Impacts
While the Caltrain electrification improvements and 2040 Business Plan vision will have significant benefits to the Bay Area community, the higher train frequency will increase safety concerns associated with the existing at‐grade crossings in the City. With the passing of the trains, the gates at the at‐grade crossings will be down for 30 to 45 minutes during the peak hours. With the most crossings of any other city along the corridor, the impacts to the San Mateo community will be significant. The City’s downtown is a vibrant district with restaurants, office space, and a hospital – all surrounded by residential areas that have easy access to the businesses. Vehicles, pedestrians, and bicyclists travel to the City’s downtown daily. Communities east of the railroad tracks would be impacted, as their access westward to downtown would become increasingly more difficult. These neighborhoods are Equity Priority Communities and would experience significant impacts (Figure 3). Traffic from the west side of the railroad tracks would incur delays to Highway 101. The existing at‐grade crossings result in delays to all modes of transportation, impeding east to west traffic flow, and exacerbating safety conditions. The Project proposes to re‐connect the east and west communities along the rail corridor and improves safety by eliminating at‐grade crossings.

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Figure 3 – Existing At‐Grade Crossings and Equity Priority Areas

Project: Downtown Rail Corridor Grade Separations
The downtown includes six (6) of the eight (8) crossings in the City (Figures 4 and 5). The proposed project involves the development of a Project Study Report (PSR), preliminary engineering plans / and environmental documents (PE/ENV) for options to separate the six (6) at‐grade crossings in the City’s downtown (1st, 2nd, 3rd, 4th, 5th, and 9th Avenues). Due to their proximity and railroad slope requirements, the grade separations from 1st to 5th Avenues would have to be done concurrently. While the grade separation at 9th Avenue can be done separately as it is farther away from 5th Avenue, it is part of the downtown corridor and will likely be impacted by design for 1st through 5th Avenues.

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The PSR would develop potential grade separation alternatives, identify environmental concerns, include a traffic analysis, and an estimate of the costs associated with each of the alternatives. Based on the options, a preferred alternative would be selected to develop the preliminary plans and environmental documents. The grade separations would have the following significant benefits to the City:

 Reconnecting of the east and west communities along Caltrain’s rail corridor.  Improved gateway to downtown from neighboring disproportionately burdened communities.  Improved safety for all modes of transportation – pedestrians, bicyclists, and vehicles;  Improved Caltrain operations.
 Improved circulation / traffic operation – reduced queuing times for east‐west connectivity.  Safe and improved access to the downtown from surrounding neighborhoods and City at‐large.  Lower greenhouse gas emissions.
 Improved economic vitality and livability.

Estimated Cost: $8M (3M PSR, $5M PE/ENV)
Project Duration: Two years

Potential Alternatives
1st through 5th Avenues Crossings: Railroad design parameters have a 1% maximum slope for tracks. Due to their proximity, not enough horizontal distance exists between the crossings from 1st to 5th Avenue to elevate or lower the tracks and maintain the maximum allowable slope. Grade separation attempts at any of the crossings would therefore likely need to be done concurrently. Due to the number of businesses and driveways close to all the crossings, options include a completely elevated track system or a tunnel through the downtown – a split grade separation where the road is partially lowered and the rail is partially elevated will likely not be possible.

9th Avenue Crossing: There are two alternatives for the grade separation at this location, which include an underpass (lowering of the roadway) or a hybrid (combination of an elevated track and lowering of the roadway) (Figure 6). Under the underpass alternative, the rail tracks would remain at the existing elevation and 9th Avenue would be lowered approximately 22 feet below the existing elevation. The hybrid option would require a 10’ elevated track with a 6’ lowering of the roadway. The 6’ lowering of the roadway would affect ~85’ of roadway on 9th Avenue for each side of the tracks.

Once implemented, this project would reduce the number of at‐grade street / railroad crossing incidents, improving the safety conditions for school children, pedestrians, bicyclists, and drivers in the downtown area and City at‐large.

Figure 4 – At‐grade Caltrain Crossings in Downtown

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Figure 5 – 4th and 5thth Avenue At‐Grade Crossings

Figure 6 – 9th Avenue Grade Separation

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REFERENCES

MTC Open Data – Equity Priority Communities
https://opendata.mtc.ca.gov/maps/MTC::mtc‐equity‐priority‐communities‐in‐2018‐acs‐2012‐ 2016/explore?location=37.568625%2C‐122.305267%2C13.46

Caltrain Business Plan
https://caltrain2040.org/about/

Caltrain Electrification
https://calmod.org/

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CITY OF SAN MATEO
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4 0

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 25 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 22-6586 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: September 19, 2022
SUBJECT:
2022-23 Sanitary Sewer Root Foaming (South Basin) – Agreement RECOMMENDATION:

Approve an agreement to Duke’s Root Control, Inc. for the 2022-23 Sanitary Sewer Root Foaming (South Basin) project in an amount not to exceed $517,582.82; establish a contingency reserve of $52,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The City treats parts of its sanitary sewer system with a foam herbicide to control root intrusion as part of the Sanitary Sewer Operations and Maintenance Program. Root control is one of the methods the City uses to reduce sanitary sewer overflows caused by root blockage, required as part of the 2009 Cease and Desist Order issued by the Regional Water Quality Control Board. The area limits for this effort are west of El Camino Real, south of State Route 92, and north of the border with the City of Belmont. Approximately 330,900 linear feet of sanitary sewers will be treated.

The City advertised this project on July 25, 2022 and opened bids on August 18, 2022. One bid was received, shown in the table below. The engineer’s estimate was $482,000.

Company Name Total Bid Amount
Duke’s Root Control, Inc. $517,582.82
After a review of the bid documents submitted by Duke’s Root Control, Inc., staff determined that the bid is responsive and the bidder is responsible, and therefore recommend awarding the agreement to Duke’s Root Control, Inc.

BUDGET IMPACT:

Sufficient funds are available in the Root Foaming Project (469933) for this agreement and the contingency reserve.

ENVIRONMENTAL DETERMINATION:

This agreement 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.

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CITY OF SAN MATEO
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4 0

ATTACHMENTS
Att 1 - Agreement
Att 2 - Bid Summary

STAFF CONTACT
Laura Webb, Associate Engineer
[email protected]
(650) 522-7322
Deryk Daquigan, Engineering Manager
[email protected]
(650) 522-7287

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AGREEMENT WITH DUKE’S ROOT CONTROL, INC.

FOR PUBLIC IMPROVEMENT
FOR
2022 SANITARY SEWER ROOT FOAMING (SOUTH BASIN)
CITY PROJECT NO. 469933-46000-9154
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 DUKE’S ROOT CONTROL, INC., a CORPORATION , with offices at 3983 Eastbourne Drive, Syracuse, NY 13206 (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:
2022 SANITARY SEWER ROOT FOAMING (SOUTH BASIN)
CITY PROJECT NO. 469933-46000-9154

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of $517,582.82 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 Number 1 issued to the Contract Book, the APWA-AGC Standard Specifications for Public Works Construction, 2015 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).

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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, 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

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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, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a blind draw.

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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, the parties would not have entered into the contract documents. The parties shall use all

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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 Duke’s Root Control, 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
Public Works Director
Date Braden Boyko
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)
Linh P. Nguyen
Assistant City Attorney
Date Richelle Owens
Secretary
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 x years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with 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.Builder’s Risk (Course of Construction) insurance utilizing an “All Risk” (Special Perils) coverage form, with limits equal to the completed value of the project and no coinsurance penalty provisions.

5.Surety Bonds as described below.

6.Professional Liability (if Design/Build), with limits no less than $2,000,000 per occurrence or claim, and $2,000,000 policy aggregate.

7.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 Entity 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 Entity.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity 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 Entity.

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

1.The Entity, 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

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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 Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, 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 Entity.

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

If the project does not involve new or major reconstruction, at the option of the Entity, 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, structures, 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 Entity’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 (5) 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 (5) years after completion of contract work.

4. A copy of the claims reporting requirements must be submitted to the Entity 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 Entity.

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 Entity for all work performed by the Contractor, its employees, agents and subcontractors.

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Verification of Coverage
Contractor shall furnish the Entity 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 endorsements to Entity 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 Entity 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 Entity 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

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 such bonds in the State of California and secured through an authorized agent with an office in California.

Special Risks or Circumstances
Entity 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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ITEM EST. UNIT TOTAL UNIT TOTAL
NO. QTY. UNIT PRICE COST PRICE COST
1 Mobilization 1 LS $3,000.00 $3,000.00 $0.00 $0.00
2 Traffic Control 1 LS $2,500.00 $2,500.00 $0.00 $0.00
3 Apply Root Foaming Pr oduct to 4" Sewer Line 1,987 LF $1.40 $2,781. 80 $1.45 $2,881.15 4 Apply Root Foaming Pr oduct to 6" Sewer Line 218, 011 LF $1.40 $305, 215.40 $1.45 $316,115.95 5 Apply Root Foaming Pr oduct to 8" Sewer Line 89,259 LF $1.40 $124,9 62.60 $1.45 $129,425.55 6 Apply Root Foaming Pr oduct to 10" Sewer Line 8,631 LF $1.60 $13,80 9.60 $1.69 $14,586.39 7 Apply Root Foaming Pr oduct to 12" Sewer Line 409 LF $1.65 $674.85 $ 1.80 $736.20 8 Apply Root Foaming Pr oduct to 15" Sewer Line 4,877 LF $2.00 $9,754 .00 $2.22 $10,826.94 9 Apply Root Foaming Pr oduct to 18"-30" Sewer Line 7,708 LF $2.40 $1 8,499.20 $5.58 $43,010.64 $481,197.45 $517,582.82

BIDDERS
CITY PROJECT NO. 469933-46000-9154
BID OPENING: 8/18/2022 Council Award: 9/19/2022 BIDDER #1

DESCRIPTION OF WORK
2022 Sanitary Sewer Root Foaming (South Basin)

BID SUMMARY
Duke's Root Control, Inc.

ENGINEER'S ESTIMATE
NOTE

TOTAL BID

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San Mateo City CouncilSeptember 19, 2022

San Mateo City Council
September 19, 2022