Agenda packet, regular meeting — San Mateo City Council, January 17, 2023 (part 1 of 2)

CITY OF SAN MATEO
City Council Regular Meeting
January 17, 2023
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

COUNCIL MEMBERS
Amourence Lee, Mayor
Lisa Diaz Nash, Deputy Mayor
Rich Hedges
Adam Loraine
Rob Newsom Jr.

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

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

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

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

To join via Zoom – click here:

January 17, 2023
To join via telephone: (408) 638-0968
Webinar ID: 838 4726 2348 Passcode: 552572
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

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

Deputy Mayor Lisa Diaz Nash will teleconference into this meeting from:

Hyatt Regency Sacramento 1209 L Street Sacramento, CA 95814

CALL TO ORDER
Pledge of Allegiance
Roll Call

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

1. Parks and Recreation Department – Position Reallocation Adopt a Resolution to reallocate an Executive Assistant position to Communications and Public Relations Analyst position in Parks and Recreation.

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

2. On-Call Building Support Services – Agreements and Budget Amendment Adopt a Resolution to amend the Community Development Department’s fiscal year 2022-23 operating budget to appropriate $540,000 of committed fund balance from the Construction Services Fund and increase the line item for professional services to a total of $1,000,000; approve on-call professional services agreements with 4Leaf, Inc., CSG Consultants, Inc., Interwest Consulting Group, Inc., True North Compliance Services, Inc. for on- call building support services for terms of approximately 3.5 years, with compensation not to exceed $2,000,000 per agreement; and authorize the Community Development Director to execute the agreements in substantially the form presented.

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CEQA: These agreements and resolution are not projects subject to CEQA, because they are an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)

3. On-Call Historic Evaluations for Various Projects – Agreements Approve agreements with Architecture and History, LLC, Architectural Resources Group, and Page & Turnbull for historic resource evaluation and review for terms of approximately 5 years in an amount not to exceed $500,000, and authorize the Community Development Director to execute the agreement in substantially the form presented.

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

4. 2022-23 Community Development Block Grant Project – Appropriation and Agreement Adopt a Resolution to authorize the appropriation of funds in the amount of $105,000 from the Community Development Block Grant Fund reserve balance to the Community Development Block Grant Projects budget; award an agreement to Precision Emprise, LLC dba Precision Concrete Cutting for the 2022-23 Community Development Block Grant Project in the amount of $334,171.60; establish a contingency reserve in the amount of $35,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract and within the contingency amount.

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

5. 2nd and El Camino Parking Garage Elevator Modernization – Contract Award a construction contract to Urban Elevator Service CA, LLC for construction to improve the elevator at the 2nd and El Camino parking garage for $375,390; establish a contingency reserve in the amount of $56,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

6. Delaware Street Relief Sewer – Interagency Amendment Approve Amendment No. 2 to the Service Agreement with the Peninsula Corridor Joint Powers Board for the Delaware Street Relief Sewer project in the amount of $74,017, for a revised total agreement amount of $218,275.96, and authorize the Mayor to execute the amendment in substantially the form presented.

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

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

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7. Wastewater Treatment Plant Immediate Action Projects, Package II – Amendments Ratify staff’s execution of Amendment No. 7 to the agreement with Stantec Consulting Services, Inc., to provide professional design services and engineering services during construction for Immediate Action Projects, Package II, extending the term through January 31, 2023; and approve Amendment No. 8, increasing the contract value by $60,000, for a revised total agreement amount not to exceed $1,652,403.46 and extending the term through April 30, 2023; and authorize the Public Works Director to execute the Amendment No. 8 in substantially the form presented and future necessary no-cost time extension amendments.

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

8. Utility Dump Trucks – Purchase Contract
Adopt a Resolution to approve an alternative purchasing procedure and award a contract to National Auto Fleet Group for the purchase of four (4) new 2024 Ford F650 dump trucks in the amount of $547,503.23; and authorize the Public Works Director to execute the purchase contract in substantially the form presented.

CEQA: The approval of this purchase contract is not a project subject to CEQA because the replacement of the City’s supply of service vehicles is a continuing administrative or maintenance activity. (CEQA Guidelines Section 15378(b)(2).)

9. California State Library Services and Technology Act – Appropriation Adopt a Resolution to approve a supplemental budget appropriation in the amount of $10,000 for a grant awarded by the California State Library to the San Mateo Public Library to support the Sustainability for All project.

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

10. Business Tax Audit and Discovery Services – Agreement Approve an agreement with HdL Software, LLC for business tax discovery and audit services in an amount not to exceed $431,648.69.

11. Tree Pruning, Maintenance, and Emergency Removal Services Agreement – Amendment Approve Amendment No. 1 to add up to $155,000 to the agreement with Peninsula Tree Care, Inc. for tree pruning, maintenance, and emergency removal services, for a new not to exceed amount of $250,000; and authorize the Director of Parks and Recreation to execute the Amendment No. 1 in substantially the same form presented.

CEQA: The approval of this amendment is categorically exempt from CEQA. CEQA Guidelines §15301 (Existing Facilities), Class 1, Subclass (h) (Maintenance of existing landscaping and native growth); §15304 (Minor Alterations to Land); and §15269 (Emergency Projects).

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12. Boards and Commissions and Council Liaisons List – Add an appointment to the Appointment and Liaison List; Confirm Eligibility List Appointments and Establish Appointment Subcommittees for Commission Recruitments Approve Council Member Hedges as the Council liaison to the Measure S Oversight Committee; appoint Alli Fitzgerald to the Community Relations Commission for a partial term through June 10, 2024 and Pamela Rittelmeyer to the Sustainability and Infrastructure Commission for a partial term through June 10, 2024; and establish the Board and Commission appointment subcommittees with Mayor Lee or her designee with each of the Council liaisons to each commission.

CEQA: This approval 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).)

13. Marina Lagoon Fill Pump Overhaul – Change Order
Approve Change Order No. 3 with Koffler Electrical Mechanical Apparatus Repair, Inc. dba KEMAR, to overhaul the Marina Lagoon fill pump for an amount of $38,000, for a revised total not-to-exceed amount of $542,204.36; increase the contingency reserve by $5,000 for a revised total of $51,640; and authorize the Public Works Director to execute the change order in substantially the form presented, as well as execute any additional change orders within the revised reserve amount.

CEQA: This contract change order 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.)

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

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

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

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

14. Downtown Parking – Comprehensive Fee Schedule Update Adopt a Resolution to update the Adopted 2022-23 Comprehensive Fee Schedule Downtown Parking Pass Fees and Hourly Parking Fees to Include the Kiku Public Downtown Garage.

CEQA: Adoption of this resolution updating the 2022-23 Comprehensive Fee Schedule hourly and monthly parking rates 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).)

OLD BUSINESS

15. Confirmation of Actions Under Emergency Proclamation Receive an update on emergency response and confirm directives issued by the City Manager acting as the Director of Emergency Services in response to declared emergency.

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CEQA: This administrative report 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).)

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

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

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

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

During the meeting
By Zoom:

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

By telephone:

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

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

ACCESSIBILITY:

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

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CITY OF SAN MATEO
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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: 1 Section Name: CONSENT CALENDAR Account Number: 18-6117 File ID: 22-7069 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: January 17, 2023
SUBJECT:

Parks and Recreation Department – Position Reallocation RECOMMENDATION:

Adopt a Resolution to reallocate an Executive Assistant position to Communications and Public Relations Analyst position in Parks and Recreation.

BACKGROUND:

Per San Mateo Municipal Code Section 2.57.030(d), classification revisions become effective upon approval by the City Council. Since 2018, the Parks and Recreation Department has had a vacant Executive Assistant position. The reallocation of this position to a Communications and Public Relations Analyst is requested to reflect the department’s needs and higher level of responsibilities that are required. As the local community grows and becomes more diverse, the Parks and Recreation Department has become aware of the mounting need for communications management. It is imperative that the department creates accurate, appropriately branded and personalized outreach material to build public awareness about our programs, events, and projects, as well as to engage the public in matters that are most important to them.

Having a lead staff person in this role will ensure that the department is always aligned with the City’s overall messaging goals. The department currently directs several staff to create outreach material, which results in conflicting priorities and delivery challenges, and often times updates have not been timely and messaging has been outdated or misleading. This has highlighted the need for a focused position to be engaged, maximizing the outreach efforts of the department, crafting the necessary media and engagement strategy and ensuring that our information is current, accurate and our patronage maximized.

BUDGET IMPACT:

The expected budget impact is estimated at $54,000 annually. Any budget necessary to fill this position in the current fiscal year will be absorbed within the department’s operating budget. The Communications and Public Relations Analyst position will then be fully budgeted in the 2023-24 operating budget.

ENVIRONMENTAL DETERMINATION:

This reclassification 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

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STAFF CONTACT
Nicholas Tsiorvas, Business Manager
[email protected]
(650) 522-7408

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)

RESOLUTION TO REALLOCATE AN EXECUTIVE ASSISTANT POSITION TO A COMMUNICATIONS AND

PUBLIC RELATIONS ANALYST POSITION IN THE PARKS AND RECREATION DEPARTMENT, PURSUANT TO SAN MATEO MUNICIPAL CODE SECTION 2.57.030(d)
WHEREAS, staff proposes reallocating a vacant Executive Assistant position to a Communications and Public Relations Analyst position to provide social outreach to the community; and
WHEREAS, pursuant to the San Mateo Municipal Code Section 2.57.030(d), approval of new classifications and related job specifications, salary schedules, compensation changes, elimination or reinstatement of positions, reallocation of positions, reclassifications, and revisions of job specifications must be approved by City Council; and WHEREAS, the employee associations representing the impacted classifications have reviewed the proposed changes and have not brought forth any objections or concerns; and WHEREAS, additional annual costs ($54,000) for the reallocation will be initially funded from numerous departmental vacancies; and
WHEREAS, the proposed classification update is exempt from CEQA review because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3)).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY RESOLVES that the following are approved:

1. The reallocation of 1.00 FTE vacant Executive Assistant to 1.00 FTE Communications and Public Relations Analyst

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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: 2 Section Name: CONSENT CALENDAR Account Number: 26-3125 File ID: 22-7048 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: January 17, 2023
SUBJECT:

On-Call Building Support Services – Agreements and Budget Amendment RECOMMENDATION:

Adopt a Resolution to amend the Community Development Department’s fiscal year 2022-23 operating budget to appropriate $540,000 of committed fund balance from the Construction Services Fund and increase the line item for professional services to a total of $1,000,000; approve on-call professional services agreements with 4Leaf, Inc., CSG Consultants, Inc., Interwest Consulting Group, Inc., True North Compliance Services, Inc. for on-call building support services for terms of approximately 3.5 years, with compensation not to exceed $2,000,000 per agreement; and authorize the Community Development Director to execute the agreements in substantially the form presented.

BACKGROUND:

Over the last several years, the Community Development Department (CDD) has utilized consultants for a number of different specialized services within the Building Division. These services are frequently utilized in response to unexpected staff shortages or due to a high volume of development in the City. Recently, the Building Division has experienced both an unusual number of vacancies in key positions and a high volume of permit applications, particularly for large developments. As a result, and to ensure the City is prepared for similar circumstances in the future, CDD issued a request for qualifications (RFQ) in August 2022 to identify multiple firms capable of providing specialized building support services on an on-call basis.

The RFQ identified a number of areas where the Building Division anticipated a future need for professional services and allowed interested firms to submit statements of qualifications for any or all of those identified needs. In total, the City received responses from seven firms and evaluated those submissions based on the firms’ understanding of the work involved, prior experience with similar work, quality and technical ability of the proposed staff, and the pricing structure.

Ultimately, CDD staff utilized those criteria and a check of references to identify four firms to provide on-call building support services. Together, these firms provide a broad range of services and cover all areas CDD identified as potential Building Division needs in the RFQ. The four firms are:
•4LEAF, Inc.
•CSG Consultants, Inc.
•Interwest Consulting Group, Inc.
•True North Compliance Services, Inc.

To manage the on-call contracts, staff will identify the firm best positioned to provide the needed services and develop specific scopes of work and budgets for any work performed.

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BUDGET IMPACT:

For fiscal year 2022-23, CDD budgeted a total of $460,000 for professional services spending from the City’s Construction Services Fund. Given current staffing limitations and the extremely high volume of permit applications, the Department is requesting an additional $540,000 in the fiscal year 2022-23 budget, for a total of $1,000,000 to cover professional services costs. This request can be absorbed by the Construction Services Fund’s balance and coincides with a significant increase in revenue during the current fiscal year.

Moving forward, the professional services provided through these on-call contracts will be accounted for within CDD’s annual operating budget. For some services, including plan check, each firm has a pricing structure that charges a percent of the City’s plan check fee, ensuring that the City will not be incurring costs that exceed the revenue brought in from building permit applications.

ENVIRONMENTAL DETERMINATION:

These agreements and resolution are not projects subject to CEQA, because they are 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 with 4LEAF, Inc.

Att 3 – Agreement with CSG Consultants, Inc.

Att 4 – Agreement with Interwest Consulting Group, Inc.

Att 5 – Agreement with True North Compliance Services, Inc.

STAFF CONTACT
Mike Titsworth, Building Official
[email protected]
650-522-7195

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CITY OF SAN MATEO
RESOLUTION NO. _____ (2023)
APPROVING AMENDMENTS TO THE 2022-2023 BUDGET
WHEREAS, section 5.13(a) of the City Charter requires Council approval by resolution for supplemental appropriations to the City’s budget; and
WHEREAS, as detailed in the accompanying administrative report, a budget amendment is necessary to maintain current levels of service in the Community Development Department’s Building Division; and WHEREAS, the impact of amending the operating budget as detailed and recommended in the accompanying administrative report has been considered in the City’s financial forecast.

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

1. The supplemental modification to the 2022-23 budget, set forth below, is approved:
a. Appropriate $540,000 of committed fund balance from the Construction Services Fund and increase the Community Development Department’s 2022-23 operating budget within the City’s Construction Services Fund by $540,000 for professional services costs; and b. Increase the line item for professional services to a total of $1,000,000.

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AGREEMENT WITH 4LEAF, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

ON-CALL BUILDING SUPPORT SERVICES
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 4LEAF, INC., a California Corporation (“CONSULTANT”), whose address is 2126 Rheem Drive, Pleasanton, CA 94588.

RECITALS:

A. CITY desires certain on-call building support services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES
The scope of services to be performed by CONSULTANT under this Agreement is as described in Exhibit A to this Agreement, attached and incorporated by reference.

SECTION 2 - DUTIES OF CONSULTANT
CONSULTANT shall be responsible for the professional quality, technical accuracy and coordination of all work furnished by CONSULTANT under this Agreement. CONSULTANT shall, without additional compensation, correct or revise any errors or deficiencies in its work.

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

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

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

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SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on February 1, 2023 and be completed on June 30, 2026.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount not to exceed $2,000,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION
Without limitation to such rights or remedies as CITY shall otherwise have by law, CITY shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to CONSULTANT. CONSULTANT agrees to cease all work under this Agreement upon receipt of said written notice.

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

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SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONSULTANT in connection with the performance of this Agreement are confidential until released by CITY to the public. CONSULTANT shall not make any such documents or information available to any individual or organization not employed by CONSULTANT or CITY without the written consent of CITY before any such release.

SECTION 9 - INTEREST OF CONSULTANT
CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

SECTION 10 - CONSULTANT'S STATUS
It is expressly agreed that in the performance of the professional services required under this Agreement, CONSULTANT shall at all times be considered an independent contractor as defined in Labor Code Section 3353, under control of the CITY as to the result of the work but not the means by which the result is accomplished. Nothing herein shall be construed to make CONSULTANT an agent or employee of CITY while providing services under this Agreement.

SECTION 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of CONSULTANT’s performance of this Agreement, except those claims arising out of CITY’s sole negligence or willful misconduct. CONSULTANT agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.

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.

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SECTION 13 - NON-ASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONSULTANT and cannot be transferred, assigned, or subcontracted by CONSULTANT without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON PROFESSIONAL

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

SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any ordinance or law shall not be deemed to be a waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

SECTION 16 - SEVERABILITY
If any term or portion of this Agreement is held to be invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement shall continue in full force and effect.

SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

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SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 19 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

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

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

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

To CITY: Mike Titsworth
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403

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To CONSULTANT: 4Leaf, Inc.
2126 Rheem Drive
Pleasanton, CA 94588
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT
CONSULTANT has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and to bind each respective party.

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, CITY OF SAN MATEO and 4LEAF, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Christina Horrisberger
Community Development Director
Date Kevin J. Duggan
Its Authorized Agent
President
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

1. Scope of Services
Consultant shall provide thorough, accurate, and professional services as follows:
i. Plan Check/Review Services
Consultant shall perform plan check/review services as requested by the City’s Community Development Director or designee. All plan review services provided by Consultant shall include the initial plan review and all subsequent review cycles as necessary for building permit issuance, as well as revisions submitted after issuance, while adhering to the City’s standard turnaround time.
ii. Building Inspection Services
Consultant shall perform building inspection services for a specified number of hours as requested by the City’s Community Development Director or designee. These services shall include review of all approved plans, specifications, documents; review and respond to all inspection requests and reports; attend mandatory meetings; perform inspections for compliance to applicable State of California Building, Mechanical, Electrical, Plumbing, Fire codes, as well as State energy efficiency and accessibility standards as amended by the City of San Mateo.
iii. Permit Technician Services
Consultant shall perform permit technician services for a specific number of hours as requested by the City’s Community Development Director or designee. These services shall include accepting and screening building permit applications for completeness, conformance with building codes, ordinances and department standards, policies, and guidelines; and technical support related to screening of building and planning permit applications.
iv. Code Enforcement Services
Consultant shall perform code enforcement services for a specified number of hours as requested by the City’s Community Development Director or designee. These services shall include reviewing complaints and performing inspections of properties for the compliance of the following adopted technical codes with San Mateo local amendments:
•California Building Codes
•International Property Maintenance Code
•California Health and Safety Code Division 13 Housing – Part 1.5 Regulations of Buildings Used for Human Habitation
•San Mateo Municipal Code, department standards, policies, and guidelines v. Certified Access Specialist (CASp) Services
Consultant shall perform certified access specialist services as requested by the City’s Community Development Director or designee. These services shall include reviewing plans and specifications for CASp requirements; making field inspections for compliance

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with CASp and other accessibility code requirements; providing technical advice on accessibility issues as they arise.

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EXHIBIT B

FEE SCHEDULE
FY2022-2023 FEE SCHEDULE & BASIS OF CHARGES

FOR THE CITY OF SAN MATEO
All Rates are Subject to Basis of Charges

PLAN REVIEW COST STRUCTURE NOTES
Plan Review Percentage: 65%
Hourly Plan Review: $140 Non-Structural Review
$160 Structural Review
MWELO Landscape Plan Review Package (initial
review and coordination, 1 recheck, and certificate of
completion parts 1-6): $980
Fee includes:
➢Initial review and two (2) rechecks. Hourly
charges apply after three (3) or more
rechecks.
➢Percentages excludes Civil & Fire plan
review, which is billed on an hourly basis.
➢Shipping, courier, and electronic service.

Building & Fire
Permit Manager.................................................................................................................................$120/hour Senior Permit Technician ...................................................................................................................$100/hour Permit Technician ..............................................................................................................................$90/hour Clerk/Administrator ...........................................................................................................................$80/hour Chief Building Official.........................................................................................................................$170/hour Senior Combination Building Inspector (Building Inspector III) .........................................................$135/hour Commercial Building Inspector (Building Inspector II) ......................................................................$120/hour Residential Building Inspector (Building Inspector I) .........................................................................$110/hour Civil Plan Review (Grading, Improvement Plans)...............................................................................$170/hour Structural Plan Review Engineer........................................................................................................$160/hour Non-Structural Plans Examiner..........................................................................................................$140/hour Fire Prevention Officer ......................................................................................................................$155/hour Fire Protection Engineer (FPE) ...........................................................................................................$215/hour Fire Plans Examiner............................................................................................................................$165/hour Fire Inspector II ..................................................................................................................................$135/hour Fire Inspector I ...................................................................................................................................$120/hour Inspector of Record ...........................................................................................................................$160/hour Public Works Inspector ......................................................................................................................$155/hour DSA Class 1 / OSHPD A Inspector.......................................................................................................$155/hour DSA Class 2 / OSHPD B Inspector.......................................................................................................$125/hour DSA Class 3 / OSHPD C Inspector .......................................................................................................$110/hour Certified Access Specialist (CASp) ......................................................................................................$170/hour GoFormz Software..................................................................................................................$50/user monthly Hourly overtime charge per inspector .....................................................................................1.5 x hourly rate Mileage (for inspections performed within the City) ..................................................................IRS Rate + 20%

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Code Enforcement
Project Manager...............................................................................................................................$180/hour Director of Code Enforcement .........................................................................................................$170/hour Senior Code Enforcement Officer ....................................................................................................$135/hour Code Enforcement Officer................................................................................................................$110/hour Administrative Support ....................................................................................................................$80/hour Project Management
Project Manager ................................................................................................................................$185/hour Principal-in-charge.............................................................................................................................$275/hour BASIS OF CHARGES – BUILDING, FIRE, & CODE ENFORCEMENT
Rates are inclusive of “tools of the trade” such as forms, telephones, and consumables. •All invoicing will be submitted monthly.
•Staff Augmentation work (excluding plan review) is subject to 4-hour minimum charges unless stated otherwise. Services billed in 4-hour increments.
•Most plan reviews will be done in 10 business days or less and 5 business days or less for re-checks. This is not inclusive of holidays or the day of the pick-up of plans. •Expedited reviews will be billed at 1.5x the plan review fee listed in the fee schedule. Return time will be within seven (7) days of receipt of the plans from the City. •Plan review of deferred submittals & revisions will be billed at the hourly rates listed. •All plan review services will be subject to a $250.00 minimum fee if percentage-based fee or two (2) hour minimum charge if hourly rates apply.
•Larger complex plan reviews can be negotiated to achieve the best possible pricing. 4LEAF has a proven track record of working with municipalities to provide expedited reviews with discounted pricing when applicable.
•All plan review services are billed on a percentage basis and includes the initial review and two (2) rechecks.
-Plan reviews will be billed on an hourly basis only after the initial review and two (2) rechecks unless otherwise agreed upon on a case-by-case basis.
-Fire and Civil Reviews are billed on an hourly basis and are not included in our plan review percentage.
•4LEAF assumes that these rates reflect the FY2022-2023 contract period. 3% escalation for FY2023-2024 and FY2024-2025 is negotiable per market conditions.
•Overtime and Premium time will be charged as follows:
-Regular time (work begun after 5AM or before 4PM) 1 x hourly rate -Nighttime (work begun after 4PM or before 5AM) 1.125 x hourly rate -Overtime (over 8-hour M-F or Saturdays) 1.5 x hourly rate -Overtime (over 8 hours Sat or 1 st 8-hour Sun) 2 x hourly rate -Overtime (over 8 hours Sun or Holidays) 3 x hourly rate

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•Overtime will only be billed with prior authorization of the Director or other designated City personnel. •All work with less than 8 hours rest between shifts will be charged the appropriate overtime rate. •In accordance with California’s Meal Break and Rest Break Law requirements, Client will be billed one (1) additional hour per day at the regular time rate for each missed meal or rest break due to Client- directed tasks or requirements. Client should allow 4LEAF’s non-exempt, hourly employees the opportunity to take their entitled rest and meal breaks during each work shift. •Mileage driven during the course of Inspections will be charged at cost plus 20%.

LEAD TIMES
Plan Review Turn-Around Times
4LEAF has a tremendous reputation for completing projects on-time and under budget. 4LEAF’s plan review team is widely recognized for quick turn-around times and prompt service. Off-site plan reviews are performed at our office, with plans transmitted by personal delivery or overnight service. The standard turn-around time is within 10 business days for residential plan reviews and within 10 days for commercial/industrial plan reviews; however, these timeframes are negotiable based on your needs. At no additional cost, 4LEAF staff will transport the plans to and from the City upon a phone call to the 4LEAF office or simply e-mail for “pick-up” to [email protected].

Type of
Plans
Transportation Initial
Review
Resubmittal
Review
Resubmittal
Review #2
Expedited
Review
Expedited
Resubmittal
Residential < 24 Hours < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days Multi-
Family < 24 Hours < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days Commercial < 24 Hours < 10 Days < 5 Days < 5 Days < 5 Days < 3 Days Commercial
> 15,000 s.f. < 24 Hours Negotiable Negotiable Negotiable Negotiable Negotiable Inspection and Code Enforcement Services
4LEAF has a team of more than 200 ICC Certified Building Inspectors, OSHPD/DSA Inspectors of Record, Fire Personnel, and Code Enforcement Officers working on various contracts4LEAF can provide interim or full-time personnel same-day or within one business day—simply call, email, or text our assigned Project Manager for an immediate response. Our on-call database is utilized for all our clients for as-needed requests.

Periodic Services Available Next Day
Part-Time Services Available Next Day
Full-Time Services Available Two Days or Less
Project Specific Inspection Services  Available Two Days or Less Building Department Staff Interim Full-Time
Permit Technician (ICC Certified) < 2 Days < 5 Days
Assistant Permit Technician/ Counter Staff < 2 Days < 5 Days Building Official < 2 Days < 15 Days

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

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

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

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.

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

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AGREEMENT WITH CSG CONSULTANTS, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

ON-CALL BUILDING SUPPORT SERVICES
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 CSG CONSULTANTS, INC., a California Corporation (“CONSULTANT”), whose address is 550 Pilgrim Drive, Foster City, CA 94404.

RECITALS:

A. CITY desires certain on-call building support 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.

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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 January 17th, 2023 and be completed on June 30, 2026.

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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.

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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

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SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

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

To CITY: Mike Titsworth
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403

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To CONSULTANT: CSG Consulting, Inc.

Attn: Cyrus, Kianpour, President
550 Pilgrim Drive
Foster City, CA 94404
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 CSG CONSULTANTS, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Christina Horrisberger
Community Development Director
Date Cyrus Kianpour, P.E., P.L.S.

Its Authorized Agent
CSG Consultants, Inc.

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

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with CASp and other accessibility code requirements; providing technical advice on accessibility issues as they arise.

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EXHIBIT B

FEE SCHEDULE
CSG’s fee schedule which includes fees for personnel providing the proposed scope of work is provided in the table below. We will coordinate the pickup and return of all plans via CSG staff or a licensed courier service.

Plan review based on a percentage of plan check fees includes initial plan review and two subsequent reviews. Additional reviews, deferred submittals, revisions and RFIs will be charged at the appropriate hourly rate below. RFIs for larger developments will be performed at an hourly rate, and turnaround times will be agreed upon in advance with the City.

PERSONNEL / REVIEW TYPE ALL INCLUSIVE FEE / HOURLY RATE

BUILDING PLAN REVIEW SERVICES
Off-site Building Plan Review 65% of City’s Plan Check Fee Expedited Plan review percentage 95% of City’s Plan Check Fee Certified Building Plan Reviewer $131
Structural Only Plan Review $165
Expedited Plan Review hourly 1.5 x Hourly Rate
CASp Consultation $140

BUILDING INSPECTION SERVICES
CASp Inspector $140
Certified Senior Building Inspector $120
Certified Building Inspector $110

PERMIT TECHNICIAN SERVICES
Permit Technician $100

CODE ENFORCEMENT SERVICES
Code Enforcement Manager $180
Senior Code Enforcement Officer $140
Code Enforcement Officer II $130
Code Enforcement Officer I $110
All hourly rates include salaries, benefits, workers compensation insurance, local travel and miscellaneous office expenses.

Should the scope of work change, or circumstances develop which necessitate special handling, CSG will notify the City prior to proceeding. Overtime services will be billed at 1.5x the applicable hourly rate. On July 1 of each year following the contract start date, CSG will increase hourly rates based on change in CPI for the applicable region. CSG will mail an invoice every month for services rendered during the previous month. Unless otherwise agreed, payment terms are 30-days from receipt of invoice.

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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 INTERWEST CONSULTING GROUP, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

ON-CALL BUILDING SUPPORT SERVICES
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 INTERWEST CONSULTING GROUP, INC., a wholly owned subsidiary of SAFEbuilt, LLC (“CONSULTANT”), whose address 444 N Cleveland Ave, Loveland, CO 80537 .

RECITALS:

A. CITY desires certain on-call building support 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.

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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 January 17th, 2023 and be completed on June 30, 2026.

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 any provisions of this Agreement to the contrary, pre-existing intellectual property of CONSULTANT, including any software owned or licensed by CONSULTAN, and any improvements thereto shall remain or become property of CONSULTANT.

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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 11 - INDEMNITY
CONSULTANT agrees to hold harmless and indemnify, defend 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. For the avoidance of doubt, CONSULTANT shall have the right to defend any action for which indemnification is sought under any part of this Section 11. Any person or entity seeking indemnification under this Section 11 shall promptly report the matter to CONSULTANT such that defense of the matter is not compromised. The CONSULTANT’S duty to indemnify shall survive expiration or early termination of this Agreement.

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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, which consent shall not be unreasonably delayed or withheld.

SECTION 14 - RELIANCE UPON PROFESSIONAL

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SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

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

To CITY: Mike Titsworth
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403

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To CONSULTANT: Interwest Consulting Group, Inc.

Attn: Paul Junker
39355 California Street, Suite 200
Fremont, CA 94538
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 INTERWEST CONSULTING GROUP, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Christina Horrisberger
Community Development Director
Date Paul Meschino
President
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

1. Scope of Services
Consultant shall provide thorough, accurate, and professional services as follows:
i. Plan Check/Review Services
Consultant shall perform plan check/review services as requested by the City’s Community Development Director or designee. All plan review services provided by Consultant shall include the initial plan review and all subsequent review cycles as necessary for building permit issuance, as well as revisions submitted after issuance, while adhering to the City’s standard turnaround time.
ii. Building Inspection Services
Consultant shall perform building inspection services for a specified number of hours as requested by the City’s Community Development Director or designee. These services shall include review of all approved plans, specifications, documents; review and respond to all inspection requests and reports; attend mandatory meetings; perform inspections for compliance to applicable State of California Building, Mechanical, Electrical, Plumbing, Fire codes, as well as State energy efficiency and accessibility standards as amended by the City of San Mateo.
iii. Permit Technician Services
Consultant shall perform permit technician services for a specific number of hours as requested by the City’s Community Development Director or designee. These services shall include accepting and screening building permit applications for completeness, conformance with building codes, ordinances and department standards, policies, and guidelines; and technical support related to screening of building and planning permit applications.
iv. Code Enforcement Services
Consultant shall perform code enforcement services for a specified number of hours as requested by the City’s Community Development Director or designee. These services shall include reviewing complaints and performing inspections of properties for the compliance of the following adopted technical codes with San Mateo local amendments:
•California Building Codes
•International Property Maintenance Code
•California Health and Safety Code Division 13 Housing – Part 1.5 Regulations of Buildings Used for Human Habitation
•San Mateo Municipal Code, department standards, policies, and guidelines v. Arborist Services
Consultant shall perform arborist services as requested by the City’s Community Development Director or designee. These services shall include reviewing plans, planning applications, arborist reports, and tree protection plans for adherence to best

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management practices; prepare draft conditions of approval; and assist with tree ordinance updates, as required.
vi. Certified Access Specialist (CASp) Services
Consultant shall perform certified access specialist services as requested by the City’s Community Development Director or designee. These services shall include reviewing plans and specifications for CASp requirements; making field inspections for compliance with CASp and other accessibility code requirements; providing technical advice on accessibility issues as they arise.

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EXHIBIT B

FEE SCHEDULE

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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Primary Coverage
Other than workers compensation 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.

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 TRUE NORTH COMPLIANCE SERVICES, INC.

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

ON-CALL BUILDING SUPPORT SERVICES
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 TRUE NORTH COMPLIANCE SERVICES, INC., a California Corporation (“CONSULTANT”), whose address is 3939 Atlantic Ave., #224, Long Beach, CA 90807.

RECITALS:

A. CITY desires certain on-call building support 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.

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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 January 17th, 2023 and be completed on June 30, 2026.

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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.

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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

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SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

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

To CITY: Mike Titsworth
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403

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To CONSULTANT: True North Compliance Services, Inc.

Attn: Isam Hasenin
3939 Atlantic Ave., #224
Long Beach, CA 90807
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 TRUE NORTH COMPLIANCE SERVICES, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Christina Horrisberger
Community Development Director
Date Isam Hasenin
Its Authorized Agent
President
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

1. Scope of Services
Consultant shall provide thorough, accurate, and professional services as follows:
i. Plan Check/Review Services
Consultant shall perform plan check/review services as requested by the City’s Community Development Director or designee. All plan review services provided by Consultant shall include the initial plan review and all subsequent review cycles as necessary for building permit issuance, as well as revisions submitted after issuance, while adhering to the City’s standard turnaround time.
ii. Building Inspection Services
Consultant shall perform building inspection services for a specified number of hours as requested by the City’s Community Development Director or designee. These services shall include review of all approved plans, specifications, documents; review and respond to all inspection requests and reports; attend mandatory meetings; perform inspections for compliance to applicable State of California Building, Mechanical, Electrical, Plumbing, Fire codes, as well as State energy efficiency and accessibility standards as amended by the City of San Mateo.
iii. Permit Technician Services
Consultant shall perform permit technician services for a specific number of hours as requested by the City’s Community Development Director or designee. These services shall include accepting and screening building permit applications for completeness, conformance with building codes, ordinances and department standards, policies, and guidelines; and technical support related to screening of building and planning permit applications.
iv. Code Enforcement Services
Consultant shall perform code enforcement services for a specified number of hours as requested by the City’s Community Development Director or designee. These services shall include reviewing complaints and performing inspections of properties for the compliance of the following adopted technical codes with San Mateo local amendments:
•California Building Codes
•International Property Maintenance Code
•California Health and Safety Code Division 13 Housing – Part 1.5 Regulations of Buildings Used for Human Habitation
•San Mateo Municipal Code, department standards, policies, and guidelines v. Arborist Services
Consultant shall perform arborist services as requested by the City’s Community Development Director or designee. These services shall include reviewing plans, planning applications, arborist reports, and tree protection plans for adherence to best

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management practices; prepare draft conditions of approval; and assist with tree ordinance updates, as required.
vi. Certified Access Specialist (CASp) Services
Consultant shall perform certified access specialist services as requested by the City’s Community Development Director or designee. These services shall include reviewing plans and specifications for CASp requirements; making field inspections for compliance with CASp and other accessibility code requirements; providing technical advice on accessibility issues as they arise.

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EXHIBIT B

FEE RATES
Plan Review Services
True North proposes to charge a precent of the Plan Review Fees collected by the city as follows. Our fee covers the initial review, and all rechecks. as well as all shipping and delivery of plans to/from City Hall. Expedited Plan Services: 1.4 x the plan check fees above.

Revisions/Deferred Submittals/RFIs: Hourly per the Table below.

Plan Review Fees
Construction Valuation Fee (Compensation as a percentage of City collected plan Review Fee
$1.00-$1,000,000 65%
$1,000,001- $5,000,000 62%
$5,000,0001- $10,000,000 57%
Over $10,000,001 52%
Additional Services
The following hourly rate table applies to on-site staffing services and/or additional services included in our Scope of Services that may be required by the City of San Mateo. Our hourly rates are all-inclusive and include salaries, overhead, benefits, PTO, etc
Hourly Rates for Additional Services
Position Hourly Rate
Interim Certified Building Official $165.00
Plan Review Engineer $135.00
Senior Plan Review Engineer $150.00
Structural Engineer $140.00
Structural Engineer II $155.00
Licensed Fire Protection Engineer $150.00
Certified Plans Examiner I $110.00
Certified Plans Examiner II $125.00
Building/Housing Inspector I $110.00
Building/Housing Inspector II $120.00

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Senior Building/Housing Inspector $135.00
Code Enforcement Officer $105.00
Senior Code Enforcement Officer $130.00
CASp Plan Reviewer/Inspector $135.00
Fire Plan Reviewer/Inspector I $115.00
Fire Plan Reviewer/Inspector II $130.00
Grading/Public Improvements Plan Review Engineer I $135.00 Grading/Public Improvements Plan Review Engineer II $155.00 Arborist Reviewer I $145.00
Arborist Reviewer II $165.00
Planner $145.00
Senior Planner $165.00
Principal Planner $180.00
Permit Technician I $80.00
Permit Technician II $95.00
Administrative Assistant $70.00
-Overtime for on-site staffing will be charged at 140% of the rates above. -Mileage for tasks related to requested scope such as inspections or site visits will be charged at the current IRS mileage rate measured from City Hall.
-Inspections outside of the City’s business hours will be charged at 140% of rates above with a 3- hour minimum.
-Incidental expenses will be charged at cost.

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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: 3 Section Name: CONSENT CALENDAR Account Number: 26-3111 File ID: 22-7049 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: January 17, 2023
SUBJECT:

On-Call Historic Evaluations for Various Projects – Agreements RECOMMENDATION:

Approve agreements with Architecture and History, LLC, Architectural Resources Group, and Page & Turnbull for historic resource evaluation and review for terms of approximately 5 years in an amount not to exceed $500,000, and authorize the Community Development Director to execute the agreement in substantially the form presented.

BACKGROUND:

The Community Development Department (CDD) frequently utilizes consultants to provide several specialized services within the Planning Division. Given the volume of planning applications CDD receives, Planning works with consultants on an as-needed basis based on the complexity and specific needs of an application. To expand the group of consultants available to the City, in September 2022, CDD issued a request for qualifications (RFQ) to identify multiple firms capable of providing specialized planning support services on an on-call basis.

The RFQ identified several areas where CDD anticipated needs based on the current applications in the pipeline, or past precedent, and allowed interested firms to submit statements of qualifications for any or all of those identified needs. One of the most-frequently utilized services is a historic resources evaluation, which is required for certain projects as dictated by the City’s municipal code or the California Environmental Quality Act (CEQA). The City received six responses for this particular service and evaluated those submissions based on the firms’ understanding of the work involved, prior experience, quality and technical ability of the proposed staff, and pricing structure. Ultimately, CDD staff utilized those criteria to identify the following three firms to provide on-call historic evaluations:
•Architecture + History, LLC
•Architectural Resources Group
•Page & Turnbull
The term of the proposed contracts will end June 30, 2028, and each has a not-to-exceed amount of $500,000. To manage the on-call contracts, staff will identify the firm best positioned to provide the needed services and develop specific scopes of work and budgets for any work performed.

BUDGET IMPACT:

Any work completed that is tied to a specific planning application is paid for by the applicant. Should any of the consultants perform work for the City, it will be accounted for within CDD’s annual operating budget.

ENVIRONMENTAL DETERMINATION:

This agreement is not a project subject to CEQA, because it is an organizational or administrative activity that will not

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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 – Agreement with Architecture + History, LLC
Att 2 – Agreement with Architectural Resources Group
Att 3 – Agreement with Page & Turnbull

STAFF CONTACT
Manira Sandhir, Planning Manager
[email protected]
650-522-7203

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AGREEMENT WITH ARCHITECTURE + HISTORY, LLC

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

HISTORIC CONSULTATION AND EVALUATION SERVICES
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 ARCHITECTURE + HISTORY, LLC, a California Corporation (“CONSULTANT”), whose address is 1715 Green Street, San Francisco, CA 94123.

RECITALS:

A. CITY desires certain on-call historic consultation and evaluation services hereinafter described.

B. CITY desires to engage CONSULTANT to provide these on-call historic consultation and evaluation 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 January 17th, 2023 and be completed on 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 CONSULTANT a fee in an amount not to exceed $500,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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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.

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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

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SECTION 18 - NON-DISCRIMINATION
CONSULTANT warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONSULTANT nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

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

To CITY: Manira Sandhir
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403

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To CONSULTANT: Architecture + History, LLC
Attn: Bridget Maley
1715 Green Street
San Francisco, CA 94123
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 ARCHITECTURE + HISTORY, LLC have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Christina Horrisberger
Community Development Director
Date Bridget Maley
Its Authorized Agent
Principal
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
Assist the City of San Mateo Community Development Department with the following on an on-call basis:
•Historic Resource Evaluations (HREs) for potential historic resources per the California Environmental Quality Act (CEQA) by applying the national, state, or local criteria of evaluation for listing
•Mills Act requests
•Design review for historic resources that are proposed for alteration to be in compliance with Secretary of Interior Standards
•General consultation and support on City initiated historic preservation projects, historic code and policy updates, and other related historic topics.
•Peer reviews of HREs and other historic documents prepared by other historic professionals

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EXHIBIT B

FEE SCHEDULE

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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:

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.

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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.

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 ARCHITECTURAL RESOURCES GROUP

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

HISTORIC CONSULTATION AND EVALUATION SERVICES
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 ARCHITECTURAL RESOURCES GROUP, a corporation (“CONSULTANT”), whose address is Pier 9, The Embarcadero, Suite 107, San Francisco, CA 94111.

RECITALS:

A. CITY desires certain on-call historic consultation and evaluation 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.

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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 January 17th, 2023 and be completed on 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 CONSULTANT a fee in an amount not to exceed $500,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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

To CITY: Manira Sandhir
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403

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To CONSULTANT: Architectural Resources Group
Attn: Lisa Yergovich
Pier 9, The Embarcadero, Suite 107
San Francisco, CA 94111
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 ARCHITECTURAL RESOURCES GROUP have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Christina Horrisberger
Community Development Director
Date Naomi Miroglio
Its Authorized Agent
President
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

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EXHIBIT B

FEE SCHEDULE

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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 PAGE & TURNBULL

FOR PROFESSIONAL CONSULTANT SERVICES
FOR

HISTORIC CONSULTATION AND EVALUATION SERVICES
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 PAGE & TURNBULL, a California corporation (“CONSULTANT”), whose address is 170 Maiden Lane, 5th Floor, San Francisco, CA 94108.

RECITALS:

A. CITY desires certain on-call historic consultation and evaluation 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.

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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 January 17th, 2023 and be completed on 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 CONSULTANT a fee in an amount not to exceed $500,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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

To CITY: Manira Sandhir
City of San Mateo
330 W. 20th Ave
San Mateo, CA 94403

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To CONSULTANT: Page & Turnbull
Attn: Ruth Todd
170 Maiden Lane 5th floor
San Francisco, CA 94108
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 PAGE & TURNBULL have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Christina Horrisberger
Community Development Director
Date H. Ruth Todd, FAIA
Its Authorized Agent
Principal
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

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EXHIBIT B
FEE SCHEDULE*
*Hourly rates will be escalated 5% each year beginning on January 1

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EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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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: 4 Section Name: CONSENT CALENDAR Account Number: 23-3133 File ID: 22-6947 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: January 17, 2023
SUBJECT:
2022-23 Community Development Block Grant Project – Appropriation and Agreement RECOMMENDATION:

Adopt a Resolution to authorize the appropriation of funds in the amount of $105,000 from the Community Development Block Grant Fund reserve balance to the Community Development Block Grant Projects budget; award an agreement to Precision Emprise, LLC dba Precision Concrete Cutting for the 2022-23 Community Development Block Grant Project in the amount of $334,171.60; establish a contingency reserve in the amount of $35,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders as allowed by the contract and within the contingency amount.

BACKGROUND:

The City receives federal funding from the U.S. Department of Housing and Urban Development for the Community Development Block Grant (CDBG) program and allocates the funds based on community priorities. A portion of the funds is available for infrastructure improvements, including paving, bicycle, and pedestrian projects. This year, the 2022-23 CDBG Project (Project) will address approximately 4,800 uneven sidewalks through concrete horizontal cutting methods.

The Project was advertised on November 4, 2022, and a total of two (2) bids were received and opened on November 29, 2022. The bids received are listed below in order of increasing bid amount.

Company Name Total Bid Amount
Precision Concrete Cutting $334,171
Parkson Construction Co. $544,050
The engineer’s estimate is $585,000. Staff reviewed the bids and found Precision Concrete Cutting to be the lowest responsive and responsible bidder. Based on this, staff recommends award of the contract to Precision Concrete Cutting.

BUDGET IMPACT:

The Community Development Block Grant Projects (461214) budget currently has a remaining balance of approximately $295,000. Staff estimates a total funding need of $400,000 to cover the cost of construction, contingency, inspection, and staff time to complete the project.

Adoption of the resolution will appropriate $105,000 from the Community Development Block Grant Fund reserve balance to Community Development Block Grant Projects (461214), revising the total project budget to a value of $3,100,000. With the approval of the appropriation, sufficient funding to award this agreement and complete the 2022-23 CDBG Project will be available.

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ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 - Agreement

STAFF CONTACT
Jimmy Vo, Senior Engineer
[email protected]
(650) 522-7319
Elton Yee, Associate Engineer
[email protected]
(650) 522-7320

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)
APPROPRIATE $105,000 FROM COMMUNITY DEVELOPMENT BLOCK GRANT FUND RESERVES TO THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROJECTS (461214) WHEREAS, the City receives federal funding from the U.S. Department of Housing and Urban Development for the Community Development Block Grant (CDBG) program and allocates the funds based on community priorities; and
WHEREAS, the CDBG Projects budget is used to fund public improvements in the full boundary of the CDBG limits; and
WHEREAS, the planned work is to repair 4,800 uneven sidewalks in the area through the 2022-23 CDBG Project; and
WHEREAS, the remaining available budget for the CDBG Projects is approximately $295,000 and the estimated total cost to complete the 2022-23 CDBG Project is $400,000; and WHEREAS, a budget appropriation of $105,000 is required to address the deficit; and WHEREAS, Section 5.13(a) of the City Charter requires City Council approval by resolution for supplemental appropriations to the City budget.

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

1. An appropriation of funds in the amount of $105,000 from the Community Development Block Grant Fund reserves to the Community Development Block Grant Projects (461214) Capital project budget is approved.

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AGREEMENT WITH PRECISION CONCRETE CUTTING

FOR PUBLIC IMPROVEMENT
FOR
2022-23 COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
CITY PROJECT NO. 461214-46020-0553
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 PRECISION CONCRETE CUTTING, a corporation, with offices at 417 Harrison Street, Oakland, CA 94607 (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:
2022-23 COMMUNITY DEVELOPMENT BLOCK GRANT PROJECT
CITY PROJECT NO. 461214-46020-0553

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of three hundred thirty-four thousand one hundred seventy-one dollars and sixty cents ($334,171.60) 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

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includes the Special Provisions and Contract Drawings, Addendum Numbers 1 and 2 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”).

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.

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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 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

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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.

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.

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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 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 PRECISION CONCRETE CUTTING 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
Marc Cussenot
Its Authorized Agent
Chief Executive Officer
If a Corporation, can be either 1) President or 2)
Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall sign
below.

APPROVED AS TO FORM ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Attachments:

Exhibit A: Insurance Requirements
Exhibit B: Federal 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 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.

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 $2,000,000 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 $2,000,000 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

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of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor.

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

2. For any claims related to this project, the Contractor’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the 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

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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.

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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EXHIBIT B
Federal Requirements
Activities described in this agreement must be carried out in compliance with the following Federal laws and regulations as applicable:
1) Davis-Bacon Act, as amended (40 U.S.C. 276a to 276a-5 and 29 CFR, Part 5), as it relates to the hiring of laborers and mechanics on construction projects. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et. seq. and 29 CFR Part 5). 2) Section 3 of the Housing and Urban Development Act of 1968 as it relates to employment opportunities for lower income persons and businesses per 24 CFR part 75. 3) Use of debarred, suspended, or ineligible contractors or subrecipients is prohibited directly or indirectly as part of this award as set forth in 24 CFR part 5. 4) 2 CFR Part 200 - Uniform Administrative Requirements, Cost Principles, And Audit Requirements for Federal Awards.
5) The lead-based paint requirements of 24 CFR Part 35 Subpart B issued pursuant to Section 401(b) of the Lead-Based Paint Poisoning Prevention Act (42 U.S.C. 4831(b)). 6) Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) (Pub. L. 88-352) and implementing regulations 24 CFR Part 1 as it relates to prohibiting discriminatory action under any activity receiving Federal funds.

The Fair Housing Act (42 U.S.C. 3601-3620) (Pub. L. 90-284) as it ensures fair housing practices and prohibits housing discrimination based on race, color, religion, sex, national origin, handicap, or familial status.

Executive Order 11063, as amended by Executive Order 12259 (3 CFR, 1959-1963 Comp., p.652; 3 CFR, 1980 Comp., p.307) (Equal Opportunity in Housing), and implementing regulations in 24 CFR Part 107, as they relate to non-discrimination in housing. 7) Section 109 of the Housing and Community Development Act of 1974, as amended; and the regulations issued pursuant thereto 24 CFR Section 470.601 as it relates to prohibiting discriminatory actions in activities funded by Community Development Funds.

The Age Discrimination Act of 1975 (42 U.S.C. 6101 et seq.) (Pub. L. 94-135) as amended, and implementing regulations contained in 24 CFR part 146.

Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations contained in 24 CFR part 8 as they relate to prohibiting discrimination against individuals

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with disabilities.
8) Executive Order 11246, as amended by Executive Orders 11375, 11478, 12086 and 12107 (Equal Employment Opportunity) and implementing regulations issued at 41 CFR Chapter 60 and Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u), as amended and implementing regulations at 24 CFR part 135 as they relate to equal employment opportunities. 9) The Architectural Barriers Act of 1968 (42 U.S.C. 4151-4157) which requires new Federally funded buildings and other facilities to be accessible to physically disabled persons.

The Americans with Disabilities Act (42 U.S.C. 12131; 47 U.S.C. 155, 201, 218 and 225) (ADA) which protects the comprehensive civil rights of individuals with disabilities. 10) No member, officer or employee of the organization, or its designees or agents, no member of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under the Grant, and that it shall incorporate, or cause to be incorporated, in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purposes of the certification.
11) There shall be no religious worship, instruction or proselytization as part of, or in connection with the performance of this agreement.
12) The flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4001) (Pub. L. 93-234).
13) The relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act) (42 U.S.C. 4601-4655) and HUD implementing regulations, 49 CFR Part 24. 14) Additional requirements as set forth in 24 CFR part 75.

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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: 5 Section Name: CONSENT CALENDAR Account Number: 461001 File ID: 22-7045 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: January 17, 2023
SUBJECT:
2nd and El Camino Parking Garage Elevator Modernization – Contract RECOMMENDATION:

Award a construction contract to Urban Elevator Service CA, LLC for construction to improve the elevator at the 2nd and El Camino parking garage for $375,390; establish a contingency reserve in the amount of $56,000; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The current elevator at the 2nd and El Camino Garage was installed in 1991 and serves five floors. An assessment performed in 2018 recommended a controls upgrade to replace the existing obsolete system and maintain safe operation of the unit. In October 2021, the City engaged Consolidated CM, Inc. to produce design specifications related to the controls upgrade and other associated improvements as required by the California Building Code.

The bid documents for this project were advertised in September 2022. Bids were received on December 6, 2022 with the following results:

Company Bid Amount
Urban Elevator Service CA, LLC $375,390
TK Elevator Corporation $449,900
Urban Elevator Service CA, LLC was the lowest bidder but above the engineer’s estimate of $289,995. However, the original engineer’s estimate did not include the increase in construction and materials costs in 2022-23. Therefore, Urban Elevator’s bid of $375,390 is $85,395 greater than the engineer’s construction base estimate at the time of bidding. Staff had anticipated the increase and accounted for escalation during the budget development phase and provided sufficient funding to execute the project in 2023. Based on the above, staff recommends the contract be awarded to Urban Elevator Service CA, LLC as the lowest responsive and responsible bidder.

BUDGET IMPACT:

There is sufficient funding available in the Downtown Parking Improvements project (461001) for this construction contract and contingency amount.

ENVIRONMENTAL DETERMINATION:

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NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Contract

STAFF CONTACT
Steve Wu, Project Manager II
[email protected]
(650) 522-7345

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This document is a MODIFIED version of EJCDC® C-522, Copyright © 2016 by the National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers, or is based in part on excerpts from copyrighted EJCDC documents. Those portions of the text that originated in copyrighted EJCDC documents remain subject to the copyright.

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CONTRACT FOR CONSTRUCTION
This Contract is by and between.

OWNER CONTRACTOR
The City of San Mateo
330 West 20th Street
San Mateo, California 94403
Urban Elevator Service CA, LLC
4136 Del Rey Avenue, Suite 624
Marina Del Rey, CA 90292
Owner and Contractor hereby agree as follows:

ARTICLE 1 - THE WORK

1.01 Work
A. Work includes all labor, materials, equipment, services, and documentation necessary to construct the Project defined herein. The Work may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

B. The Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Project is generally described as follows:

1.2 nd and El Camino Garage Elevator Modernization, and all necessary labor, materials, equipment, and appurtenances necessary to complete the work as called for in the Contract Documents.

2. The Site of the Work includes property, easements, and designated work areas described in greater detail in the Contract Documents but generally located at 95 S. El Camino Real, San Mateo, California.

ARTICLE 2 - DEFINITIONS AND TERMINOLOGY

2.01 Defined Terms
A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Architect: N/A

2. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5501 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or

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imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

3. Engineer: Bureau Veritas-National Elevator Inspection Services

4. Hazardous Environmental Condition— The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition.

5. Resident Project Representative - The authorized representative of Owner assigned to assist Owner at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative. The RPR for this project is:
a. Scott Ritter, Consolidated CM, Inc.

2.02 Terminology
A. The words and terms discussed in the following paragraphs are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Owner, Engineer, or Architect. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of any provision of the Contract Documents.

C. Day:

1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
a. does not conform to the Contract Documents; or
b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

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c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion.

E. Furnish, Install, Perform, Provide:

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.

F. Unless stated otherwise in the Contract Documents, words or phrases that have a well- known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

2.03 Contract Documents Defined
A. The Contract Documents consist of the following documents:

1. This Contract.

2. Notice to Bidders.

3. Instructions to Bidders.

4. Contractor’s Bid.

5. Performance bond.

6. Payment bond.

7. Addenda.

8. Exhibits to this Contract (enumerated as follows):
a. Exhibit A – Contractor’s Bid
b. Exhibit B – Insurance Requirements for Construction Contracts. c. Exhibit C - Specifications

9. The following which may be delivered or issued on or after the Effective Date of the Contract:
a. Work Change Directives.
b. Change Orders.

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c. Field Orders.

ARTICLE 3 - CONTRACT DOCUMENTS

3.01 Intent of Contract Documents
A. It is the intent of the Contract Documents to describe a functionally complete project. The Contract Documents do not indicate or describe all the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Owner and RPR. This Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

The Contract Documents are complementary; what is required by one part of the Contract Documents is as binding as if required by other parts of the Contract Documents.

B. During the performance of the Work and until final payment, Contractor and Owner shall submit all matters in question concerning the requirements of the Contract Documents or relating to the acceptability of the Work under the Contract Documents to the RPR. RPR will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder.

C. RPR will render a written clarification, interpretation, or decision on the issue submitted, or initiate a modification to the Contract Documents.

D. Contractor, and its subcontractors and suppliers, shall not have or acquire any title to or ownership rights to any of the Specifications, or other documents (including copies or electronic media editions) prepared by RPR or its consultants.

3.02 Reporting and Resolving Discrepancies
A. Reporting Discrepancies:

1.Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect to applicable field measurements. Contractor shall promptly report in writing to Engineer any conflict, error, ambiguity, or discrepancy that Contractor discovers, or has actual knowledge of, and shall not proceed with any Work affected thereby until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents.

2.Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) actual field conditions, (c) any standard specification, manual, reference standard, or code, or (d) any instruction of any Supplier, then Contractor shall promptly report it to Engineer in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 7.15) until the conflict, error, ambiguity, or discrepancy is resolved, by a clarification or interpretation by Engineer, or by an amendment or supplement to the Contract Documents issued pursuant to Paragraph 11.01.

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3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.

B. Resolving Discrepancies:

1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between such provisions of the Contract Documents and:
a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or
b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).

2. When a conflict exists between specifications or between specifications and details, the more stringent of the two shall prevail. When a conflict exists between two specifications, the more stringent of the two shall prevail.

3. In the event of a conflict that cannot be resolved by interpreting the Contract Documents as a single, integrated document and giving effect to each provision therein, the Contract Document higher in precedence shall control and supersede the Contract Documents lower in precedence in accordance with the following listing arranged from the highest to the lowest in precedence:
a. Change Order.
b. Addenda.
c. Contract.
d. Technical Specifications included as an Exhibit to this Contract. e. Owner Standard Specifications.
f. The provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document).
g. The provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation).
h. Notice to Bidder.
i. Instruction to Bidder.

ARTICLE 4 - CONTRACT TIMES

4.01 Contract Times
A. The Work will be substantially completed on or before November 30, 2023 and completed and ready for final payment on or before December 31, 2023.

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4.02 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence in the performance of the Contract, and that Owner will incur damages if Contractor does not complete the Work according to the requirements of Paragraph 4.01. Because such damages for delay would be difficult and costly to determine and the parties agree that $500 per day is a reasonable approximation of the Owner’s damages, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner $500 for each day that expires after the Contract Time for substantial completion.

4.03 Delays in Contractor’s Progress
A. If Owner, RPR, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor or their subcontractors or suppliers.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times.

D. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor or Contractor’s subcontractors or suppliers.

4.04 Progress Schedules
A. Contractor shall develop a progress schedule and submit to the RPR for review and comment before starting Work on the Site. The Contractor shall modify the schedule in accordance with the comments provided by the RPR.

B. The Contractor shall update and submit the progress schedule to the RPR each month. The Owner may withhold payment if the Contractor fails to submit the schedule.

ARTICLE 5 - CONTRACT PRICE

5.01 Payment
A. Owner shall pay Contractor in accordance with the Contract Documents, the lump sum amount of Three Hundred Seventy-Five Thousand Three Hundred Ninety dollars ($375,390.00) for all Work.

B. For any additional Work authorized by Owner, Owner shall pay Contractor in an amount equal to the total of all extended prices for actual Work completed. The extended price is determined by multiplying the unit price in the National Joint Powers Alliance - Book 3: Task

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Catalog times the actual quantity of that Work item completed. Actual quantities installed will be determined by the RPR.

ARTICLE 6 - BONDS AND INSURANCE

6.01 Bonds
A. Before starting Work, Contractor shall furnish a performance bond and a payment bond from surety companies that are duly licensed or authorized to issue bonds in the required amounts in the jurisdiction in which the Project is located. Each bond shall be in an amount equal to the Contract Price, as security for the faithful performance and payment of all of Contractor’s obligations under the Contract. These bonds shall remain in effect until the completion of the correction period specified in Paragraph 7.12 but, in any case, not less than one year after the date when final payment becomes due.

B. Performance by Sureties. In the event of any termination, Owner shall immediately give written notice to Contractor and Contractor’s sureties, and the sureties shall have the right to take over and perform the Contract, provided, however, that if the sureties, within five days after giving them notice of said termination, do not give Owner written notice of their intention to take over the performance thereof within five days after notice, Owner 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 Owner for any excess cost or damages occasioned Owner thereby; and, in such event, Owner 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 therefore

6.02 Insurance
A. The Contractor shall procure and maintain the insurance specified in the Exhibit B of this Contract for the greater of (1) the duration of the contract plus a period of five (5) years after completion of the Project or (2) the duration shown in Exhibit B.

ARTICLE 7 - CONTRACTOR’S RESPONSIBILITIES

7.01 Supervision and Superintendence
A. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, safety, and procedures of construction.

B. Contractor shall assign a competent resident superintendent who is to be present at all times during the execution of the Work. This resident superintendent shall not be replaced without written notice to and approval by the Owner and RPR except under extraordinary circumstances.

C. Contractor shall at all times maintain good discipline and order at the Site.

D. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday.

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7.02 Other Work at the Site
A. In addition to and apart from the Work of the Contractor, other work may occur at or adjacent to the Site. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site.

7.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.

B. All materials and equipment incorporated into the Work shall be new, of good quality and shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable supplier, except as otherwise may be provided in the Contract Documents.

7.04 Subcontractors and Suppliers
A. Contractor may retain subcontractors and suppliers for the performance of parts of the Work acceptable to Owner, provided that no work may be performed by a subcontractor who is debarred pursuant to Labor Code Sections 1777.1 or 1777.7.

7.05 Quality Management
A. Contractor is fully responsible for the managing quality to ensure Work is completed in accordance with the Contract Documents.

7.06 Licenses, Fees and Permits
A. Contractor shall pay all license fees and royalties and assume all costs incident to performing the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others.

B. Contractor shall obtain and pay for all construction permits and licenses unless otherwise provided in the Contract Documents.

7.07 Laws and Regulations; Taxes
A. Contractor shall give all notices required by and shall comply with all local, state, and federal Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor RPR shall be responsible for monitoring Contractor’s compliance with any Laws or Regulations.

B. Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and RPR, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages if Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations.

C. Contractor shall pay all applicable sales, consumer, use, and other similar taxes Contractor is required to pay in accordance with Laws and Regulations.

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D. In accordance with Public Contract Code Section 7103.5, the contractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the public works contract or the subcontract. This assignment shall be made and become effective at the time the awarding body tenders final payment to the contractor, without further acknowledgment by the parties.

E. Contractor shall give notice of hazardous materials and certain changed conditions in jobs involving trenching more than four feet deep.

F. In accordance with Labor Code Section 1773.2, contractor will make travel and subsistence payments as required by statute.

G. In accordance with Labor Code Section 1771, contractor must pay prevailing wages. 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 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. In accordance with Labor Code Section 1775, the statutory provisions for failure to pay prevailing wages will be enforced.

H. In accordance with Labor Code Section 1776, contractor must comply with the statutory requirements relating to certified copies of payroll records.

I. In accordance with Labor Code Section 1777.5, contractor must comply with the statutory requirements relating to the employment of apprentices.

J. In accordance with Labor Code Section 1810, eight hours labor constitutes a legal day’s work.

Contractor shall not require more than eight 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 one and one-half times the basic rate of pay.

Contractor shall forfeit as a penalty to Owner 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 eight hours in any calendar day and 40 hours in any one calendar week in violation of the provisions of Section 1810 and 1816, inclusive, of the Labor Code of the State of California.

K. In accordance with Labor Code Section 1813, the statutory provisions for penalties for failure to comply with wage and hour laws will be enforced.

L. In accordance with Labor Code Section 1860, the contractor must secure the payment of workers’ compensation to its employees.

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M. In accordance with Labor Code Section 6705, the contractor must submit a detailed plan of the shoring and bracing for trenches five feet deep or more for contracts in excess of $25,000.

N. 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.

7.08 Record Documents
A. Contractor shall maintain one printed record copy of all Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved shop drawings in a safe place at the Site. Contractor shall annotate them to show changes made during construction. Contractor shall deliver these record documents to RPR upon completion of the Work.

7.09 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work.

B. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. All persons on the Site or who may be affected by the Work;

2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.

C. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, or anyone for whose acts the Contractor may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Contract Documents or to the acts or omissions of Owner or RPR and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor).

D. Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers at the Site in accordance with Laws or Regulations.

E. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor shall act to prevent threatened damage, injury, or loss.

Contractor shall give RPR prompt written notice if Contractor believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof. If RPR determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Work Change Directive or Change Order will be issued.

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7.10 Shop Drawings, Samples, and Other Submittals
A. Contractor shall review and coordinate the shop drawing and samples with the requirements of the Work and the Contract Documents and shall verify all related field measurements, quantities, dimensions, specified performance and design criteria, installation requirements, materials, catalog numbers, and similar information.

B. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied Contractor’s obligations under the Contract Documents with respect to Contractor’s review of that submittal, and that Contractor approves the submittal.

C. With each submittal, Contractor shall give RPR specific written notice, in a communication separate from the submittal, of any variations that the shop drawing or sample may have from the requirements of the Contract Documents.

D. RPR will provide timely review of shop drawings and samples.

E. RPR’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs.

F. RPR’s review and approval of a separate item does not indicate approval of the assembly in which the item functions.

G. Contractor shall make corrections required by RPR and shall return the required number of corrected copies of shop drawings and submit, as required, new samples for review and approval. Contractor shall direct specific attention in writing to revisions other than the corrections called for by RPR on previous submittals.

H. Shop drawings are not Contract Documents.

7.11 Warranties and Guarantees
A. Contractor warrants and guarantees to Owner that all Work will be in accordance with the Contract Documents and will not be defective. RPR and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on Contractor’s warranty and guarantee.

7.12 Correction Period
A. If within one year after the date of substantial completion, any Work is found to be defective, or if the repair of any damages to the Site, adjacent areas that Contractor has arranged to use through construction easements or otherwise, and other adjacent areas used by Contractor as permitted by Laws and Regulations, is found to be defective, then Contractor shall promptly and without cost to Owner, correct such defective Work.

7.13 Indemnification
A. To the fullest extent permitted by Laws and Regulations, and in addition to any other obligations of Contractor under the Contract or otherwise, Contractor shall indemnify and hold harmless Owner and RPR, and the officials, employees, and agents, of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of RPR, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to the performance of the Work. Contractor will defend Owner, its elected and appointed officials, employees, and agents against any such claims. However, this provision does not apply to claims, loss,

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liability, damage, or expense arising from the sole negligence or willful misconduct of the Owner
ARTICLE 8 - OWNER’S RESPONSIBILITIES

8.01 Owner’s Responsibilities
A. Except as otherwise provided in the Contract Documents, Owner shall issue all communications to Contractor through RPR.

B. Owner shall make payments to Contractor as provided in this Contract.

C. Owner shall provide Site and easements required to construct the Project.

D. If Owner intends to contract with others for the performance of other work at or adjacent to the Site, unless stated elsewhere in the Contract Documents, Owner shall have sole authority and responsibility for such coordination.

E. The Owner shall be responsible for performing inspections and tests required by applicable codes.

F. The Owner shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. Owner will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

G. While at the Site, Owner’s employees and representatives shall comply with the specific applicable requirements of Contractor’s safety programs of which Owner has been informed.

H. Owner shall furnish copies of any applicable Owner safety programs to Contractor.

I. In accordance with Public Contract Code Section 9201, Owner shall give contractor timely notification of the receipt of any third-party claims relating to the contract.

ARTICLE 9 - RPR’S STATUS DURING CONSTRUCTION

9.01 RPR’s Status
A. RPR will be Owner’s representative during construction. The duties and responsibilities and the limitations of authority of RPR as Owner’s representative during construction are set forth in this Contract.

B. Neither RPR’s authority or responsibility under this Article 9 or under any other provision of the Contract, nor any decision made by RPR in good faith either to exercise or not exercise such authority or responsibility or the undertaking, exercise, or performance of any authority or responsibility by RPR, shall create, impose, or give rise to any duty in contract, tort, or otherwise owed by RPR to Contractor, any subcontractor, any supplier, any other individual or entity, or to any surety for or employee or agent of any of them.

C. RPR will make visits to the Site at intervals appropriate to the various stages of construction.

RPR will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work.

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D. RPR has the authority to reject Work if Contractor fails to perform Work in accordance with the Contract Documents.

E. RPR will render decisions regarding the requirements of the Contract Documents and judge the acceptability of the Work.

F. RPR will not supervise, direct, control, or have authority over or be responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. RPR will not be responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents.

ARTICLE 10 - CHANGES IN THE WORK

10.01 Authority to Change the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time to time, order additions, deletions, or revisions in the Work.

10.02 Change Orders
A. Owner and Contractor shall execute appropriate Change Orders covering:

1. Changes in the Contract Price or Contract Times which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed in accordance with a Work Change Directive;

2. Changes in the Work which are: (a) ordered by Owner or (b) agreed to by the parties or (c) resulting from the RPR’s decision, subject to the need for RPR’s recommendation if the change in the Work involves the design (as set forth in the Specifications, or otherwise), or other engineering or technical matters; and

3. Changes in the Contract Price or Contract Times or other changes which embody the substance of any final binding results under Article 12.

B. If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Times), the giving of any such notice will be Contractor’s responsibility. The amount of each applicable bond will be adjusted to reflect the effect of any such change.

ARTICLE 11 - DIFFERING SUBSURFACE OR PHYSICAL CONDITIONS

11.01 Differing Conditions Process
A. If Contractor believes that any subsurface or physical condition including but not limited to utilities or other underground facilities that are uncovered or revealed at the Site either differs materially from that shown or indicated in the Contract Documents or is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in Work of the character provided for in the Contract Documents then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency), notify Owner and RPR in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except with

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respect to an emergency) until receipt of a written statement permitting Contractor to do so.

B. After receipt of written notice, RPR will promptly:

1. Review the subsurface or physical condition in question;

2. Determine necessity for Owner obtaining additional exploration or tests with respect to the condition;

3. Determine whether the condition falls within the differing site condition as stated herein;

4. Obtain any pertinent cost or schedule information from Contractor;

5. Prepare recommendations to Owner regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question and the need for any change in the Specifications; and

6. Advise Owner in writing of RPR’s findings, conclusions, and recommendations.

C. After receipt of RPR’s written findings, conclusions, and recommendations, Owner shall issue a written statement to Contractor regarding the subsurface or physical condition in question, addressing the resumption of Work in connection with such condition, indicating whether any change in the Specifications will be made, and adopting or rejecting RPR’s written findings, conclusions, and recommendations, in whole or in part.

ARTICLE 12 - CLAIMS AND DISPUTE RESOLUTION

12.01 Claims Process
A. The party submitting a claim shall deliver it directly to the other party to the Contract and the RPR promptly (but in no event later than 10 days) after the start of the event giving rise thereto.

B. The party receiving a claim shall review it thoroughly, giving full consideration to its merits.

The two parties shall seek to resolve the claim through the exchange of information and direct negotiations. All actions taken on a claim shall be stated in writing and submitted to the other party.

C. If efforts to resolve a claim are not successful, the party receiving the claim may deny it by giving written notice of denial to the other party. If the receiving party does not take action on the claim within 45 days, the claim is deemed denied.

D. If the dispute is not resolved to the satisfaction of the parties, Owner or Contractor shall give written notice to the other party of the intent to submit the dispute to a court of competent jurisdiction unless the Owner and Contractor both agree to an alternative dispute resolution process.

12.02 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 the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be

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

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION OF DEFECTIVE WORK

13.01 Tests and Inspections
A. Owner and RPR will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access.

B. Contractor shall give RPR timely notice of readiness of the Work for all required inspections and tests and shall cooperate with inspection and testing personnel to facilitate required inspections and tests.

C. If any Work that is to be inspected, tested, or approved is covered by Contractor without written concurrence of RPR, Contractor shall, if requested by RPR, uncover such Work for observation. Such uncovering shall be at Contractor’s expense.

13.02 Defective Work
A. Contractor shall ensure that the Work is not defective.

B. RPR has the authority to determine whether Work is defective, and to reject defective Work.

C. Prompt notice of all defective Work of which Owner or RPR has actual knowledge will be given to Contractor.

D. The Contractor shall promptly correct all such defective Work.

E. When correcting defective Work, Contractor shall take no action that would void or otherwise impair Owner’s special warranty and guarantee, if any, on said Work.

F. If the Work is defective or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, then Owner may order Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated.

ARTICLE 14 - PAYMENTS TO CONTRACTOR

14.01 Progress Payments
A. The Contractor shall prepare a schedule of values that will serve as the basis for progress payments. The schedule of values will be in a form of application for payment acceptable to RPR. The unit price breakdown submitted with the bid will be used for unit price work. Break lump sum items into units that will allow for measurement of Work in progress.

14.02 Applications for Payments:

A. Contractor shall submit an application for payment in a form acceptable to the RPR, no more frequently than monthly, to RPR. Applications for payment will be prepared and signed by

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Contractor. Contractor shall provide supporting documentation required by the Contract Documents. Payment will be paid for Work completed as of the date of the application for payment.

B. Beginning with the second application for payment, each application shall include an affidavit of Contractor stating that all previous progress payments received on account of the Work have been applied on account to discharge Contractor’s legitimate obligations associated with prior applications for payment.

14.03 Retainage
A. The Owner shall retain 5% of each progress payment until the Work is substantially complete.

14.04 Review of Applications
A. Within 10 days after receipt of each application for payment, the RPR will either indicate in writing a recommendation for payment and present the application for payment to Owner or return the application for payment to Contractor indicating in writing RPR’s reasons for refusing to recommend payment. The Contractor will make the necessary corrections and resubmit the application for payment.

B. RPR will recommend reductions in payment (set-offs) which, in the opinion of the RPR, are necessary to protect Owner from loss because the Work is defective and requires correction or replacement.

C. The Owner is entitled to impose set-offs against payment based on any claims that have been made against Owner on account of Contractor’s conduct in the performance of the Work, incurred costs, losses, or damages on account of Contractor’s conduct in the performance of the Work, or liquidated damages that have accrued as a result of Contractor’s failure to complete the Work.

14.05 Contractor’s Warranty of Title
A. Contractor warrants and guarantees that title to all Work, materials, and equipment furnished under the Contract will pass to Owner free and clear of (1) all liens and other title defects, and (2) all patent, licensing, copyright, or royalty obligations, no later than seven days after the time of payment by Owner.

14.06 Substantial Completion
A. The Contractor shall notify Owner and RPR in writing that the Work is substantially complete and request the RPR issue a certificate of substantial completion when Contractor considers the Work ready for its intended use. Contractor shall at the same time submit to Owner and RPR an initial draft of punch list items to be completed or corrected before final payment.

B. RPR will make an inspection of the Work with the Owner and Contractor to determine the status of completion. If RPR does not consider the Work substantially complete, RPR will notify Contractor and Owner in writing giving the reasons therefor.

C. If RPR considers the Work substantially complete or upon resolution of all reasons for non- issuance of a certificate identified in 14.06.B, RPR will deliver to Owner a certificate of substantial completion which shall fix the date of substantial completion and include a punch list of items to be completed or corrected before final payment.

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14.07 Final Inspection
A. Upon written notice from Contractor that the entire Work is complete, RPR will promptly make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in which this inspection reveals that the Work, or agreed portion thereof, is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies.

14.08 Final Payment
A. Contractor may make application for final payment after Contractor has satisfactorily completed all Work defined in the Contract, including providing all maintenance and operating instructions, schedules, guarantees, bonds, certificates or other evidence of insurance, certificates of inspection, annotated record documents and other documents.

B. The final application for payment shall be accompanied (except as previously delivered) by:

1. All documentation called for in the Contract Documents;

2. Consent of the surety to final payment;

3. Satisfactory evidence that all title issues have been resolved such that title to all Work, materials, and equipment has passed to Owner free and clear of any liens or other title defects, or will so pass upon final payment;

4. A list of all disputes that Contractor believes are unsettled; and

5. Complete and legally effective releases or waivers (satisfactory to Owner) of all lien rights arising out of the Work, and of liens filed in connection with the Work.

C. The Work is complete (subject to surviving obligations) when it is ready for final payment as established by the RPR’s written recommendation of final payment.

14.09 Waiver of Claims
A. The making of final payment will not constitute a waiver by Owner of claims or rights against Contractor.

B. The acceptance of final payment by Contractor will constitute a waiver by Contractor of all claims and rights against Owner other than those pending matters that have been duly submitted.

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

15.01 Owner May Suspend Work
A. At any time and without cause, Owner may suspend the Work or any portion thereof for a period of not more than 60 consecutive days by written notice to Contractor and RPR. Such notice will fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. Contractor shall be entitled to an adjustment in the Contract Price or an extension of the Contract Times, or both, directly attributable to any such suspension.

15.02 Owner May Terminate for Cause
A. Contractor’s failure to perform the Work in accordance with the Contract Documents or other failure to comply with a material term of the Contract Documents will constitute a default by Contractor and justify termination for cause.

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B. If Contractor defaults in its obligations, then after giving Contractor and any surety ten days written notice that Owner is considering a declaration that Contractor is in default and termination of the Contract, Owner may proceed to:

1. Declare Contractor to be in default, and give Contractor and any surety notice that the Contract is terminated; and

2. Enforce the rights available to Owner under any applicable performance bond.

C. Owner may not proceed with termination of the Contract under Paragraph 15.02.B if Contractor within seven days of receipt of notice of intent to terminate begins to correct its failure to perform and proceeds diligently to cure such failure.

D. Subject to the terms and operation of any applicable performance bond, if Owner has terminated the Contract for cause, Owner may exclude Contractor from the Site, take possession of the Work, incorporate in the Work all materials and equipment stored at the Site or for which Owner has paid Contractor but which are stored elsewhere, and complete the Work as Owner may deem expedient.

E. In the case of a termination for cause, if the cost to complete the Work, including related claims, costs, losses, and damages, exceeds the unpaid contract balance, Contractor shall pay the difference to Owner.

15.03 Owner May Terminate for Convenience
A. Upon seven days written notice to Contractor, Owner may, without cause and without prejudice to any other right or remedy of Owner, terminate the Contract. In such case, Contractor shall be paid for, without duplication of any items:

1. Completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work;

2. Expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and

3. Other reasonable expenses directly attributable to termination, including costs incurred to prepare a termination for convenience cost proposal.

B. Contractor shall not be paid on account of loss of anticipated overhead, profits, or revenue, or other economic loss arising out of or resulting from such termination.

ARTICLE 16 - CONTRACTOR’S REPRESENTATIONS

16.01 Contractor Representations
A. Contractor makes the following representations when entering into this Contract:

1. Contractor has examined and carefully studied the Contract Documents, and any data and reference items identified in the Contract Documents.

2. Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

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3. Contractor is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Site- related reports and specifications identified in the Contract Documents, with respect to the effect of such information, observations, and documents on:
a. The cost, progress, and performance of the Work;
b. The means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and
c. Contractor’s safety precautions and programs.

5. Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

6. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.

7. Contractor has given RPR written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by RPR is acceptable to Contractor.

8. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.

9. Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that, without exception, all prices in the Contract are premised upon performing and furnishing the Work required by the Contract Documents.

ARTICLE 17 - MISCELLANEOUS

17.01 Cumulative Remedies
A. The duties and obligations imposed by this Contract and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract. The provisions of this paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply.

17.02 Limitation of Damages
A. Neither Owner, RPR, nor any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, shall be liable to Contractor for any claims, costs, losses, or damages sustained by Contractor on or in connection with any other project or anticipated project.

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17.03 No Waiver
A. A party’s non-enforcement of any provision shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Contract.

17.04 Survival of Obligations
A. All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract, as well as all continuing obligations indicated in the Contract, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor.

17.05 Contractor’s Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract.

17.06 Controlling Law and Venue
A. This Contract is to be governed by the law of the state of California and, in the event of litigation, venue will be in the County of San Mateo.

17.07 Notices
A. All notices shall be in writing, and delivered in person, or transmitted by certified mail, postage prepaid. Notices required to be given to Owner or Contractor shall be addressed as appears in the signature block at the end of this Contract.

17.08 No Partnership or Agency
A. Nothing in this Contract nor in the contract documents shall be deemed to constitute a partnership in law between Owner and Contractor, or any subcontractor, 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.

17.09 Severability
A. 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 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.

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

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17.11 Warranty
A. 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.

IN WITNESS WHEREOF, Owner and Contractor have signed this Contract.

This Contract will be effective on __________________ (which is the Effective Date of the Contract).

OWNER: City of San Mateo CONTRACTOR: Urban Elevator Service CA, LLC By: Azalea Mitch By: Eduardo Toapanta
Title: Public Works Director Title: Vice President, Principal By:

Title:

Address for giving notices:
330 West 20th Avenue 4136 Del Rey Avenue, Suite 624
San Mateo, CA 94403 Marina Del Rey, CA 90292
License No.: 1078335
(where applicable)

APPROVED AS TO FORM
Linh Nguyen, Asst. City Attorney

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EXHIBIT B

INSURANCE REQUIREMENTS FOR CONSTRUCTION CONTRACTS
ARTICLE 1 - MINIMUM SCOPE AND LIMIT OF INSURANCE

1.01 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.

1.02 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, 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.

B.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.

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 coinsurance 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 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.

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

1.04 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 investigations, 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 2 - OTHER INSURANCE PROVISIONS

2.01 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.

2.02 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 property damage coverage for any building, structure, machinery or equipment damaged, impaired, broken, or destroyed during the performance of the Work, including during transit, installation, and testing at the City’s site.

2.03 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 cancelled 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.

2.04 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.

2.05 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.

2.06 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.

2.07 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.

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

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2.09 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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EXHIBIT C

SPECIFICATIONS

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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: 6 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 22-7051 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: January 17, 2023
SUBJECT:

Delaware Street Relief Sewer – Interagency Amendment
RECOMMENDATION:

Approve Amendment No. 2 to the Service Agreement with the Peninsula Corridor Joint Powers Board for the Delaware Street Relief Sewer project in the amount of $74,017, for a revised total agreement amount of $218,275.96, and authorize the Mayor to execute the amendment in substantially the form presented.

BACKGROUND:

The Basins 2 & 3 Collection System Improvements (Basins 2 & 3) Capital project is part of the Clean Water Program and provides important sewer upgrades to increase capacity and improve flow management to prevent sanitary sewer overflows in several areas throughout the City. The Delaware Street Relief Sewer (Delaware Sewer) project is one of the several construction packages that make up the Basins 2 & 3 Collection System Improvements.

The majority of the Delaware Sewer project alignment is within the Peninsula Corridor Joint Powers Board (JPB, also known as Caltrain) right-of-way. The sewer alignment runs north/south along the east side of the newly built Hillsdale Caltrain parking lot that was constructed as part of the 25th Ave Grade Separation Project. To avoid demolishing and reconstructing some of the Caltrain parking lot improvements, the City and JPB coordinated to have the City complete some of the surface improvements above the sewer alignment, after the sewer is installed and as part of the City’s construction contract. The JPB’s engineering consultant, HDR, designed the surface improvements, which included bioswales, sidewalks, landscaping, etc. The Delaware Sewer construction contract was awarded in February 2022 and is anticipated to complete construction in Spring/Summer 2023.

On June 7, 2021, City Council approved a Service Agreement with the JPB that established a scope and fee for the JPB to review the City’s Delaware Sewer project design documents and provide limited oversight and coordination during construction. The original estimated fee of $133,049 for the Service Agreement was solely focused on the Delaware Sewer project JPB support needs.

On April 4, 2022, City Council approved Amendment No. 1 to the Service Agreement to facilitate the connection of the Delaware Sewer project to another adjacent Basins 2 & 3 construction package. The Amendment No. 1 increase of $11,210 funded the JPB costs for additional administrative and engineering service fees, plus parking fees for the affected parking slots that were to be temporarily utilized during the construction to connect the two sewer projects in the JPB right-of- way.

During construction, the engineer of record who designed the project typically provides engineering services during construction, which includes reviewing construction submittals, responding to requests for information, supporting design changes, and evaluating potential change orders for credibility. The City is obtaining engineering services during

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CITY OF SAN MATEO
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construction for the sewer design through an engineering firm directly procured by the City. Since the design of the Caltrain parking lot surface improvements was completed by JPB’s engineering consultant (HDR), HDR, the engineer of record, needs to provide these engineering services during construction for the surface improvements.

HDR submitted a $74,017 proposal to the JPB to provide these engineering services during construction. City staff has reviewed the HDR proposal with the JPB and believes it to be reasonable for the scope of services and support provided by HDR through the JPB. Staff recommends approval of Amendment No. 2 for the estimated amount of $74,017.

BUDGET IMPACT:

Funding for Amendment No. 2 to the Service Agreement is available in the Basins 2 & 3 Collection System Improvements project (46s003).

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Amendment No. 2

STAFF CONTACT
Deryk Daquigan, Engineering Manager
[email protected]
(650) 522-7287

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ENINSULA CORRIDOR JOINT POWERS BOARD (JPB)

AMENDED SERVICE AGREEMENT
(Amendment #2)
06 Dec 2022
Service Agreement Number 100646 is hereby amended as follows:

Increase the estimated cost to City of San Mateo by $74,017 for labor and/or materials supplied by the JPB, its contractors and consultants in connection with the fu lly executed Service Agreement pertaining to Delaware St. Sewer Relief. Amendment 2 Scope of Work includes Administrative and Engineering Service fees and additional HDR fees for Design Services During Construction (DSDC). $132,798.96
$250.00
$ 11,210.00
$ 74,017.00
Original Estimate
Original Agreement Application Fee
Amended Service Agreement # 1
Amended Service Agreement # 2
Total Revised Estimate $218,275.96
P
lease submit a check in the amount of $74,017 and mail to:

Peninsula Corridor Joint Powers Board
Attn: Lou Tolentino – 4/F Engineering Department
1250 San Carlos Avenue,
San Carlos CA, 94070-1306
E
xcept as modified by this amendment, the terms and conditions in the Service Agreement shall remain in full force and effect.

SIGNATURE OF AUTHORIZED APPLICANT FOR: _______________________ Company/Agency
___________________________ ____________________ ________________ Name Title Date
_________________
___________________________
Signature
RETURN AMENDED SERVICE AGREEMENT TO:

Peninsula Corridor Joint Powers Board
Attention: Lou Tolentino, 4/F Engineering Department
1250 San Carlos Ave.

San Carlos, CA 94070-1306

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 22-7057 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: January 17, 2023
SUBJECT: Wastewater Treatment Plant Immediate Action Projects, Package II – Amendments RECOMMENDATION:

Ratify staff’s execution of Amendment No. 7 to the agreement with Stantec Consulting Services, Inc., to provide professional design services and engineering services during construction for Immediate Action Projects, Package II, extending the term through January 31, 2023; and approve Amendment No. 8, increasing the contract value by $60,000, for a revised total agreement amount not to exceed $1,652,403.46 and extending the term through April 30, 2023; and authorize the Public Works Director to execute the Amendment No. 8 in substantially the form presented and future necessary no-cost time extension amendments.

BACKGROUND:

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

The Immediate Action Projects, Package II (IAP-II) includes scope to improve the aging solids handling systems at the WWTP. In August 2017, the City executed a professional design services agreement in the amount of $876,000 with Stantec Consulting Services, Inc. (Stantec) for IAP-II. Amendment No. 1 was executed in March 2019, adding $517,930 for additional design services and engineering services during construction (ESDC). Amendment No. 2, executed in May 2021, added $79,800 for additional ESDC due to delays in the construction schedule and extended the agreement through December 31, 2021.

The IAP-II project continues to experience multiple challenges related to installation of a new sludge cake storage hopper and two new sludge cake pumps, leading to additional construction delays resulting in an extended timeframe during which Stantec's ESDC are necessary. Multiple contract amendments have been executed to allow continued support from Stantec. Amendment No. 3, executed in December 2021, extended the term of Stantec’s agreement through March 31, 2022 at no additional cost. Amendment No. 4 further extended the term for an additional month to allow time to bring Amendment No. 5 to City Council, which added $88,673.46 for additional ESDC and extended the term through September 15, 2022. Amendment No. 6 added $30,000 for ESDC and extended the term through December 31, 2022. City staff executed Amendment No. 7 to extend the term through January 2023 at no additional cost to allow time to bring the proposed Amendment No. 8 to City Council to further extend the term through April 30, 2023 and add an additional $60,000 for ESDC, for a revised total not-to-exceed cost of $1,652,403.46. Based on the above, staff recommends Council to ratify staff’s execution of Amendment No. 7 and approve Amendment No. 8 to the City’s agreement with Stantec.

BUDGET IMPACT:

Approval of Amendment No. 7 to the agreement with Stantec has no budgetary impact. Approving Amendment No. 8 will increase Stantec's not-to-exceed agreement amount by $60,000. There are sufficient funds available in the Sewer Fund Reserves for this appropriation to the WWTP Immediate Action Projects, Package II project (46T009).

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CITY OF SAN MATEO
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ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Amendment No. 7
Att 2 - Amendment No. 8

STAFF CONTACT
Matt Fabry, Deputy Director
[email protected]
650 522 7309
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303

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1 AMENDMENT NO. 7 TO THE AGREEMENT

WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Stantec Consulting Services, Inc. (“CONSULTANT”), entered into an Agreement for Professional Consulting Services (“Agreement”) on August 29, 2017; and

WHEREAS, the Agreement includes CONSULTANT’s design services for a sludge cake hopper and cake pumping system to be located at the CITY’s wastewater treatment plant; and

WHEREAS, the CITY alleges design errors and/or deficiencies by CONSULTANT resulting in a non-functional sludge cake hopper and cake pumping system; and

WHEREAS, the CITY alleges it has incurred damages as a result of the design errors and/or deficiencies; and

WHEREAS, CONSULTANT denies any design errors or deficiencies on its behalf; and

WHEREAS, CONSULTANT alleges the CITY owes payments to it based on additional services beyond the scope of the Agreement for Task 6 – Construction Phase services provided or to be provided following December 31, 2021 through estimated project completion, and the CITY alleges some of these services were required to correct CONSULTANT’s errors or deficiencies and are not compensable under the terms of the Agreement; and

WHEREAS, the CITY and CONSULTANT anticipate a subsequent amendment to reflect additional budget for services associated with the extended Agreement term and are unrelated to the alleged errors or deficiencies; and

WHEREAS, this Amendment is not an admission of responsibility or waiver of claims by the CITY or the CONSULTANT; and

WHEREAS, City and CONSULTANT wish to amend the Agreement to extend the term of services.

DocuSign Envelope ID: 503C8F39-B177-453B-A1F9-96190947AE32

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2 NOW, THEREFORE, the parties agree as follows:

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

“The services to be performed under this Agreement shall commence and be completed no later than January 31, 2023.”

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

CITY OF SAN MATEO CONSULTANT
Stantec Consulting Services, Inc.

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

Date: ____________________ Date: ____________________

Approved as to Form:

_____________________________
Linh P. Nguyen, Assistant City Attorney

DocuSign Envelope ID: 503C8F39-B177-453B-A1F9-96190947AE32 12/28/2022
1/4/2023

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4 AMENDMENT NO. 8 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
Stantec Consulting Services, Inc. FOR
Immediate Action Projects Package II
($876,000 [Original Amount], $517,930 [Amendment 1], $79,800 [Amendment 2], $0 [Amendment 3], $0 [Amendment 4], $88,673.46 [Amendment 5]), $30,000 [Amendment 6], $0 [Amendment 7], $60,000 [Amendment 8] WHEREAS, the City of San Mateo (“CITY”), a municipal corporation of the State of California, and Stantec Consulting Services, Inc. (“CONSULTANT”), entered into an Agreement for Professional Consulting Services (“Agreement”) on August 29, 2017 for the WWTP Immediate Action Project Package II (“Project”); and WHEREAS, the Agreement includes CONSULTANT’s design services for a sludge cake hopper and cake pumping system to be located at the CITY’s wastewater treatment plant; and
WHEREAS, challenges related to the design and/or construction have resulted in a non-functional sludge cake hopper and cake pumping system; and WHEREAS, CITY and CONSULTANT are assessing potential solutions to address these challenges; and
WHEREAS, CITY and CONSULTANT agree that CONSULTANT’s services are still required for the Project; and
WHEREAS, the CITY and CONSULTANT desire to further amend the Agreement by extending the term through April 30, 2023 and adding $60,000 in funding for CONSULTANT’s design engineering services required to complete the construction of the Project that are unrelated to any alleged errors or deficiencies on behalf of either party; and
WHEREAS, this Amendment is not an admission of responsibility or any waiver of claims by the CITY or the CONSULTANT, including but not limited to CONSULTANT’s claims for compensation for Task 6 Construction Phase Services related to the sludge cake hopper and cake pumping system, which CITY contends are not reimbursable because the services were required to correct alleged error or deficiencies of CONSULTANT.

NOW, THEREFORE, the parties agree as follows:

1. Section 8, “Payment,” of the Agreement, first paragraph is amended to read:
“Payment shall be made by the CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performances of the

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2 6
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4 services and any reimbursable expenses set forth in this Agreement, CITY agrees to pay CONSULTANT a fee based on verified time and materials not to exceed $1,652,403.46. Requests for payments shall be itemized and correspond to the various items of work described in the Scope of Project, inclusive of the current Scope of Services as provided therein, and shall be based on the rate and cost schedule previously established.”

2. Section 7, “Term, Progress and Completion,” of the Agreement, first paragraph, is amended to read:
“The services to be performed under this Agreement shall commence and be completed by no later than April 30, 2023.”

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

CITY OF SAN MATEO CONSULTANT
Stantec Consulting Services, Inc.
______________________________ ___________________________________ Azalea Mitch, Kari D. Shively, PE
Public Works Director Vice President
Date: ____________________ Date: ____________________ Approved as to Form:
_____________________________
Linh P. Nguyen, Assistant City Attorney

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CITY OF SAN MATEO
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4 9

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 72-4675 File ID: 22-7061 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: January 17, 2023
SUBJECT:

Utility Dump Trucks – Purchase Contract
RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and award a contract to National Auto Fleet Group for the purchase of four (4) new 2024 Ford F650 dump trucks in the amount of $547,503.23; and authorize the Public Works Director to execute the purchase contract in substantially the form presented.

BACKGROUND:

The Public Works Department and Parks and Recreation Department utilize various specialty utility dump trucks to perform essential services. Replacement of these dump trucks is imperative to provide service to the community. The proposed purchase of four new 2024 Ford F650 dump trucks is intended to replace existing City trucks that are 25 years old and at the end of their useful life based on years in service, mileage, condition, and cost of maintenance. Staff recommends replacing these trucks to ensure reliability.

As part of the transition to a Green Fleet, staff continually research electrical options during the procurement process and aim to replace vehicles with alternative fueled vehicles when available. The Ford F650 dump trucks are on a twelve-year replacement schedule. At this time, none of the major manufacturers of heavy-duty trucks have an electric option available for purchase. When an electric version is not available, staff evaluates diesel options because the City purchases renewable diesel to replace the use of fossil-based fuel. Renewable diesel is made from organic feedstocks and its use reduces carbon emissions. These Ford F650 dump trucks are diesel allowing the City to use renewable diesel, which is a non-fossil-based option.

San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve an alternative purchasing procedure when it finds doing so is in the best interest of the City. Sourcewell (formerly NJPA) is a government organization that solicits, receives, and reviews competitive bids for various specialty equipment, including the Ford dump trucks. Sourcewell has conducted competitive, public bids to select vehicle vendors to achieve competitive pricing and has selected National Auto Fleet Group. Therefore, the purchase of four (4) new 2024 Ford F650 dump trucks from National Auto Fleet Group is in the best interest of the City because the Ford dump truck is the recommended replacement for existing Public Works and Parks and Recreation trucks and the City may rely on bids obtained from Sourcewell because it has solicited, received, and reviewed competitive bids for the desired dump trucks through its cooperative purchasing program. Based on the above, staff recommends the purchase of these four (4) new 2024 Ford F650 dump trucks from National Auto Fleet Group.

BUDGET IMPACT:

Funding is budgeted and available in the vehicle and equipment replacement fund. The total amount of $547,503.23 includes the chassis, dump body and a 10% mark-up.

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CITY OF SAN MATEO
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4 9
ENVIRONMENTAL DETERMINATION:

The approval of this purchase contract is not a project subject to CEQA because the replacement of the City’s supply of service vehicles is a continuing administrative or maintenance activity. (CEQA Guidelines Section 15378(b)(2).)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Purchase Contract

STAFF CONTACT
Marie Silva, Facilities and Fleet Services Manager
[email protected]
6505227328
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)
APPROVING ALTERNATIVE PURCHASING PROCEDURE FOR THE PURCHASE OF FOUR (4) NEW 2024 FORD F650 DUMP TRUCKS WITH NATIONAL AUTO FLEET GROUP IN THE AMOUNT OF $547,503.23 WHEREAS, the City Council is being asked to award a contract for the purchase of four (4) new 2024 Ford F650 Dump trucks in the amount of $547,503.23; and WHEREAS, San Mateo Municipal Code Section 3.60.030 generally requires competitive bidding for contacts 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 (formerly NJPA) 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 2024 Ford F650 Dump trucks from National Auto Fleet Group; and
WHEREAS, the Ford F650 Dump truck is the recommended replacement for existing Public Works and Parks and Recreation Department vehicles; and
WHEREAS, based on these circumstances, staff recommends approval of the purchase of four (4) new 2024 Ford F650 Dump trucks from National Auto Fleet Group 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 four (4) new 2024 Ford F650 Dump trucks is not a project subject to CEQA because it consists of an ongoing administrative or maintenance activity. (CEQA Guidelines Section 15378(b)(2).)

2. In accordance with Municipal Code Section 3.60.070(h)(3), the purchase of four (4) new 2024 Ford F650 Dump trucks from National Auto Fleet Group based on pricing from Sourcewell is in the City’s best interest for these reasons.
a. The Ford F650 Dump Truck is the standard for the City’s Public Works and Park and Recreation Department vehicles; and
b. The City has obtained competitive prices for four (4) new 2024 Ford F650 Dump trucks with Sourcewell – NJPA Contract #091521-NAF from National Auto Fleet Group; and c. Sourcewell competitively bid the contracts to provide the listed vehicles and the bid was awarded to National Auto Fleet Group.

3. The procedure utilized by staff of obtaining Sourcewell – NJPA Contract #091521-NAF with National Auto Fleet Group pricing for four (4) new 2024 Ford F650 Dump trucks is approved in accordance with Municipal Code Section 3.60.070(h)(3).

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4. The purchase of four (4) new 2024 Ford F650 Dump trucks in the amount of $547,503.23 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 7
Rev 7/21

PURCHASE CONTRACT
FOR FOUR (4) NEW 2024 FORD F650 DUMP TRUCKS

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 certain four (4) new 2024 Ford F650 Dump trucks hereinafter described.

B. CITY desires to engage VENDOR to provide these Ford Dump trucks 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 $547,503.23, 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 20
th Avenue, San Mateo, CA 94403.

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Rev 7/21
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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I N 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
Date Jesse Cooper
Account Manager
Its Authorized Agent
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
DocuSign Envelope ID: C84F97CB-1646-42BA-B028-CBD7F4B8D6CD 1/10/2023

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EXHIBIT A
Quotes and Pricing
DocuSign Envelope ID: C84F97CB-1646-42BA-B028-CBD7F4B8D6CD

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Signing In Process
National Auto Fleet Group
A Division of Chevrolet of Watsonville
490 Auto Center Drive, Watsonville, CA 95076
(855) 289-6572 • (831) 480-8497 Fax
Fl eet@N atio n a IAuto Fl eetG ro up .com
Contract Manager
[email protected]
Office
(855) 289-6572
Fax (831) 480-8497
RA.INII
Quote ID#2243HD (R1)

12.92% Chassis and Option
td& Quote
Markup on Aftermarket Upfits
Camera Installation
1 Additional Key
Tax (9.625%)
CA Tire Fee
Total
This vehicle(s) is available under the Sourcewell (Formerly Known as NJPA) Contract 060920-NAF. Please reference this Bid Number on all Purchase Orders.

Thank you in advance for your consideration. Should you have any questions, please do not hesitate to call.

Sincerely,
Adj. Discount
$ 132,620.57
12/21/2022
MƐ͘ ĂƚŚǇ ,ƵffŝŶŐƚoŶ
City of ^ĂŶ DĂƚĞo
1ϵ61 WĂĐŝfŝĐ ůǀĚ͘
^ĂŶ DĂƚĞo͕ ϵ440ϯ
Dear ĂƚŚǇ ,ƵffŝŶŐƚoŶ ,
National Auto Fleet Group is pleased to quote the following vehicle(s) for your consideration. One (1) New/Unused (202 4 Ford F-650 Diesel (F6D) Regular Cab 158" WB 84" CA with Western Truck Fab 10' Dump Body and Backup Camera Installation ) and delivered to your specified location , each for:

Savings
$ 10,492.00$ 71,063.00
$ 44͕740͘00
$ 4͕474͘00
$ 390.00
Ψ ϯ00͘00
Ψ 11,643.07
$ 10.50
Contract PriceList Price
$ ϴ1͕615.00
DocuSign Envelope ID: C84F97CB-1646-42BA-B028-CBD7F4B8D6CD

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Signing In Process
Quotation
Date 4/7/2022
Quote # 75357
Customer Name / Address

FIRST GROUP

HARRY SIDDALL
707-243-9448
Western Truck Fabrication, Inc.
1923 West Winton Avenue
Hayward, CA 94545
WTF Rep EM
Dealer Contact
Contact Phone
Vehicle Year *** VERIFY ***
Make / Model *** VERIFY ***
W.B.

C.A. 84" NEEDED
Fuel Type
End User's Name CITY OF SAN MATEO
End User's Phone

MANUFACTURES OF

TRUCK BODIES AND

EQUIPMENT
Fax: 510-785-9986
.

Phone: 510-785-9994
www.westerntruckfab.com
**NOT RESPONSIBLE FOR LOST OR MISSING EQUIPMENT**

THANK YOU

FOR THE

OPPORTUNITY

TO QUOTE

THIS JOB
Accepted By: ______________________ Date: ___________________ P.O #: _________________ Chassis ETA: ____________________ VIN #: ____________________________________________________ PLEASE REVIEW AND READ QUOTE CAREFULLY.

SPECIAL ORDERS ARE NON RETURNABLE AND NON REFUNDABLE.

ALL RETURNED PARTS ARE SUBJECT TO A 25% RESTOCKING FEE.

UPON ACCEPTANCE OF THIS QUOTE CIRCLE OPTIONS DESIRED, SIGN & FAX BACK TO 510.785.9986 THIS QUOTE IS GOOD FOR 30 DAYS FROM THE DATE OF CREATION.

CREDIT CARD PAYMENTS OVER $1,000 ARE SUBJECT TO A 3% PROCESSING FEE.

Part # Description TaxQty
*** CITY OF SAN MATEO PARKS & LANDSCAPE ***
*** RON HOSTICK, 650-522-7423 ***
*** REPLACING UNIT M41 ***
*** MINIMUM 26,000 GVWR CHASSIS ***
CRY-SEL10 FURNISH & INSTALL CRYSTEEL 5-7 YARD DUMP BODY TO INCLUDE 10'-0" LONG, 84" I.D. WIDTH, 96" O.D. WIDTH, 26" SIDE HEIGHT, 34" TAIL

GATE HEIGHT
3/16" AR450 STEEL FLOOR,
3/16" AR450 SIDES,
3/16" AR450 REAR, & FRONT
9" TUBULAR LONGBEAMS, WESTERN STYLE UNDERSTRUCTURE (NO

CROSSMEMBERS)

FULL DEPTH REAR CORNER POSTS
7 GA HI STRENGTH STEEL TAIL GATE, FULL PERIMETER BOXED

CONSTRUCTION

MANUAL TAIL GATE RELEASE

SIDE BOARD POCKETS
10 GA HALF CAB SHIELD
CRYSTEEL 655-DM 19 TON CAPACITY HOIST

HOT SHIFT PTO WITH DIRECT MOUNT PUMP FOR AUTOMATIC

TRANSMISSION

OVAL LED STOP/TURN TAIL LIGHTS IN REAR CORNER POSTS, TWO OVAL

LED BACK-UP LIGHTS

FACTORY STOP/TURN TAIL MOUNTED BELOW BODY

LED CLEARANCE LIGHTS

UNDERSEALED AND PAINTED WHITE WITH ACRYLIC URETHANE TO

MATCH CAB
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San Mateo City CouncilJanuary 17, 2023

San Mateo City Council
January 17, 2023