San Mateo City Council
March 20, 2023

This Second Amendment (“Amendment”) is between Axon Enterprise, Inc. (f/k/a Taser International, Inc.), a Delaware corporation (“ Axon”), and the San Mateo Police Department (“Agency”). This Amendment is effective as of the last signature date on this Amendment (“Effective Date”). Axon and Agency are each a “Party” and collectively “ Parties”. To the extent this Second Amendment contains terms and conditions that differ from those contained in the Agreement or the First Amendment, this Second Amendment shall control. The Parties agree that a concept or principle covered in this Second Amendment shall apply and be incorporated into all other provisions of the Agreement in which the concept or principle is also applicable, notwithstanding the absence of any specific cross - reference thereto. All capitalized and defined terms referenced, but not defined, in this Second Amendment shall have the meanings assigned to them in the Agreement.

Axon and Agency are parties a Master Services and Purchasing Agreement with an effective date of June 1, 2020 (“Agreement”).

The Parties wish to incorporate further changes into the Agreement in order to expand the scope of offered products.

The Parties therefore agree as follows:

1. The attached documents are hereby incorporated into the Agreement:
a. Axon Application Programming Interface Appendix
b. Quote Q-438788

2. All other terms and conditions of the Agreement shall remain unchanged and in full force and effect.

Each representative identified below declares that the representative is authorized to execute this Amendment as of the date of signature.

Axon Enterprise, Inc. Agency

Signature:

Signature:

Name:

Name:

Title:

Title:

Date:

Date:

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Axon Application Programming Interface Appendix
This Appendix applies if Axon’s API Services are included on the Quote.

1. Definitions.

1.1. “API Client” means the software that acts as the interface between Agency’s computer and the server, which is already developed or to be developed by Agency.

1.2. “API Interface” means software implemented by Agency to configure Agency’s independent API Client Software to operate in conjunction with the API Service for Agency’s authorized Use.

1.3. “Axon Evidence Partner API, API or AXON API” (collectively “API Service”) means Axon’s API which provides a programmatic means to access data in Agency’s Axon Evidence account or in tegrate Agency’s Axon Evidence account with other systems.

1.4. “Use” means any operation on Agency’s data enabled by the supported API functionality.

2. Purpose and License.

2.1. Agency may use API Service and data made available through API Service, in connection with an API Client developed by Agency. Axon may monitor Agency’s use of API Service to ensure quality, improve Axon devices and services, and verify compliance with this Agreement. Agency agrees to not interfere with such monitoring or obscure from Axon Agency’s use of API Service. Agency will not use API Service for commercial use.

2.2. Axon grants Agency a non-exclusive, non-transferable, non-sublicensable, worldwide, revocable right and license during the Term to use API Service, solely for Agency’s Use in co nnection with Agency’s API Client.

2.3. Axon reserves the right to set limitations on Agency’s use of the API Service, such as a quota on operations, to ensure stability and availability of Axon’s API. Axon will use reasonable efforts to accommodate use beyond the designated limits.

3. Configuration. Agency will work independently to configure Agency’s API Client with API Service for Agency’s applicable Use. Agency will be required to provide certain informatio n (such as identification or contact details) as part of the registration. Registration information provided to Axon must be accurate.

Agency will inform Axon promptly of any updates. Upon Agency’s registration, Axon will provide documentation outlining API Service information.

4. Agency Responsibilities. When using API Service, Agency and its end users may not:

4.1. use API Service in any way other than as expressly permitted under this Agreement;

4.2. use in any way that results in, or could result in, any security breach to Axon;

4.3. perform an action with the intent of introducing any viruses, worms, defect, Trojan horses, malware, or any items of a destructive nature to Axon Devices and Services;

4.4. interfere with, modify, disrupt or disable features or functionality of API Service or the servers or networks providing API Service;

4.5. reverse engineer, decompile, disassemble, or translate or attempt to extract the source code from API Service or any related software;

4.6. create an API Interface that functions substantially the same as API Service and offer it for use by

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third parties;

4.7. provide use of API Service on a service bureau, rental or managed services basis or permit other individuals or entities to create links to API Service;

4.8. frame or mirror API Service on any other server, or wireless or Internet-based device;

4.9. make available to a third-party, any token, key, password or other login credentials to API Service;

4.10. take any action or inaction resulting in illegal, unauthorized or improper purposes; or

4.11. disclose Axon’s API manual.

5. API Content. All content related to API Service, other than Agency Content or Agency’s API Client content, is considered Axon’s API Content, including:

5.1. the design, structure and naming of API Service fields in all responses and requests;

5.2. the resourc es available within API Service for which Agency takes actions on, such as evidence, cases, users, or reports; and

5.3. the structure of and relationship of API Service resources; and

5.4. the design of API Service, in any part or as a whole.

5.5. Prohibitions on API Content. Neither Agency nor its end users will use API content returned from the API Interface to:

5.6. scrape, build databases, or otherwise create permanent copies of such content, or keep cached copies longer than permitted by the cache header;

5.7. copy, translate, modify, create a derivative work of, sell, lease, lend, convey, distribute, publicly display, or sublicense to any third-party;

5.8. misrepresent the source or ownership; or

5.9. remove, alter, or obscure any confidentiality or proprietary ri ghts not ices (including copyright and trademark notices).

6. API Updates. Axon may update or modify the API Service from time to time (“ API Update”). Agency is required to implement and use the most current version of API Service and to make any applicable changes to Agency’s API Client required as a result of such API Update. API Updates may adversely affect how Agency’s API Client access or commun icate with API Service or the API Interface. Each API Client must contain means for Agency to update API Client to the most current version of API Service. Axon will provide support for 1 year following the release of an API Update for all depreciated API Service versions.

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Q-438788-44952.783KB
Issued: 01/26/2023
Quote Expiration: 03/31/2023
Estimated Contract Start Date: 04/01/2023
Account Number: 105721
Payment Terms: N30
Delivery Method:

SHIP TO BILL TO SALES REPRESENTATIVE PRIMARY CONTACT
200 Franklin Pkwy San Mateo Police Dept. - CA Kevin Boyle Anthony Riccardi 200 Franklin Pkwy 200 Franklin Pkwy Phone: Phone: (650) 522-7624 San Mateo, CA 94403-1921 San Mateo, CA 94403-1921 Email: [email protected] Email: [email protected] USA USA Fax: Fax:

Email:

Quote Summary Discount Summary
Program Length 60 Months Average Savings Per Year $0.00 TOTAL COST $107,689.60
ESTIMATED TOTAL W/ TAX $110,575.95 TOTAL SAVINGS $0.00

Payment Summary
Date Subtotal Tax Total
Mar 2023 $45,528.32 $2,886.35 $48,414.67
Mar 2024 $15,540.32 $0.00 $15,540.32
Mar 2025 $15,540.32 $0.00 $15,540.32
Mar 2026 $15,540.32 $0.00 $15,540.32
Mar 2027 $15,540.32 $0.00 $15,540.32
Total $107,689.60 $2,886.35 $110,575.95
Axon Enterprise, Inc.
17800 N 85th St.

Scottsdale, Arizona 85255
United States
VAT: 86-0741227
Domestic: (800) 978-2737
International: +1.800.978.2737

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Quote Unbundled Price: $107,689.60
Quote List Price: $107,689.60
Quote Subtotal: $107,689.60
Pricing
All deliverables are detailed in Delivery Schedules section lower in proposal Item Description Qty Term Unbundled List Price Net Price Subtotal Tax Total Program
CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 3 60 $183.34 $183.34 $183.34 $33,001.20 $0.00 $33,001.20 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 1 60 $283.34 $283.34 $283.34 $17,000.40 $0.00 $17,000.40 A la Carte Hardware
100522 AXON AIR, DJI MATRICE 30 SERIES INT FLIGHT
BATTERY 8 $329.00 $329.00 $2,632.00 $253.33 $2,885.33
100518 AXON AIR, DJI MATRICE 30T (NA) SP PLUS 1 $14,042.00 $14,042.00 $14,042.00 $1,351.54 $15,393.54 100689 MAVIC 3 ENTERPRISE SERIES-BATTERY KIT 2 $659.00 $659.00 $1,318.00 $126.86 $1,444.86 100684 MAVIC 3 THERMAL (NA)SP PLUS 2 $5,998.00 $5,998.00 $11,996.00 $1,154.62 $13,150.62 A la Carte Software
100112 AXON AIR, E.COM PILOT DATA LIC 14 60 $30.00 $30.00 $25,200.00 $0.00 $25,200.00 A la Carte Services
12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 $2,500.00 $2,500.00 $2,500.00 $0.00 $2,500.00 Total $107,689.60 $2,886.35 $110,575.95

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Delivery Schedule
Hardware
Bundle Item Description QTY Estimated Delivery Date
A la Carte 100518 AXON AIR, DJI MATRICE 30T (NA) SP PLUS 1 03/01/2023 A la Carte 100522 AXON AIR, DJI MATRICE 30 SERIES INT FLIGHT BATTERY 8 03/01/2023 A la Carte 100684 MAVIC 3 THERMAL (NA)SP PLUS 2 03/01/2023 A la Carte 100689 MAVIC 3 ENTERPRISE SERIES-BATTERY KIT 2 03/01/2023 Software
Bundle Item Description QTY Estimated Start Date Estimated End Date AXON AIR, CLASS 1 UAS BUNDLE 100579 AXON AIR, UAS LICENSE (CLASS 1) 3 04/01/2023 03/31/2028 AXON AIR, CLASS 1 UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 3 04/01/2023 03/31/2028 AXON AIR, CLASS 1 UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 3 04/01/2023 03/31/2028 AXON AIR, CLASS 2 UAS BUNDLE 100580 AXON AIR, UAS LICENSE (CLASS 2) 1 04/01/2023 03/31/2028 AXON AIR, CLASS 2 UAS BUNDLE 100584 AXON AIR, ADVANCED STREAMING ADD-ON 1 04/01/2023 03/31/2028 AXON AIR, CLASS 2 UAS BUNDLE 100586 AXON AIR, API INTEGRATIONS ADD-ON 1 04/01/2023 03/31/2028 A la Carte 100112 AXON AIR, E.COM PILOT DATA LIC 14 04/01/2023 03/31/2028 Services
Bundle Item Description QTY
A la Carte 12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1

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Payment Details
Mar 2023
Invoice Plan Item Description Qty Subtotal Tax Total
Year 1 100112 AXON AIR, E.COM PILOT DATA LIC 14 $5,040.00 $0.00 $5,040.00 Year 1 100518 AXON AIR, DJI MATRICE 30T (NA) SP PLUS 1 $14,042.00 $1,351.54 $15,393.54 Year 1 100522 AXON AIR, DJI MATRICE 30 SERIES INT FLIGHT BATTERY 8 $2,632.00 $253.33 $2,885.33 Year 1 100684 MAVIC 3 THERMAL (NA)SP PLUS 2 $11,996.00 $1,154.62 $13,150.62 Year 1 100689 MAVIC 3 ENTERPRISE SERIES-BATTERY KIT 2 $1,318.00 $126.86 $1,444.86 Year 1 12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 $500.00 $0.00 $500.00 Year 1 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 3 $6,600.24 $0.00 $6,600.24 Year 1 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 1 $3,400.08 $0.00 $3,400.08 Total $45,528.32 $2,886.35 $48,414.67
Mar 2024
Invoice Plan Item Description Qty Subtotal Tax Total
Year 2 100112 AXON AIR, E.COM PILOT DATA LIC 14 $5,040.00 $0.00 $5,040.00 Year 2 12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 $500.00 $0.00 $500.00 Year 2 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 3 $6,600.24 $0.00 $6,600.24 Year 2 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 1 $3,400.08 $0.00 $3,400.08 Total $15,540.32 $0.00 $15,540.32
Mar 2025
Invoice Plan Item Description Qty Subtotal Tax Total
Year 3 100112 AXON AIR, E.COM PILOT DATA LIC 14 $5,040.00 $0.00 $5,040.00 Year 3 12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 $500.00 $0.00 $500.00 Year 3 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 3 $6,600.24 $0.00 $6,600.24 Year 3 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 1 $3,400.08 $0.00 $3,400.08 Total $15,540.32 $0.00 $15,540.32
Mar 2026
Invoice Plan Item Description Qty Subtotal Tax Total
Year 4 100112 AXON AIR, E.COM PILOT DATA LIC 14 $5,040.00 $0.00 $5,040.00 Year 4 12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 $500.00 $0.00 $500.00 Year 4 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 3 $6,600.24 $0.00 $6,600.24 Year 4 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 1 $3,400.08 $0.00 $3,400.08 Total $15,540.32 $0.00 $15,540.32
Mar 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Year 5 100112 AXON AIR, E.COM PILOT DATA LIC 14 $5,040.00 $0.00 $5,040.00 Year 5 12015 AXON AIR, DRONESENSE IN-PERSON TRAINING 1 $500.00 $0.00 $500.00 Year 5 CLASS1UAS AXON AIR, CLASS 1 UAS BUNDLE 3 $6,600.24 $0.00 $6,600.24 Year 5 CLASS2UAS AXON AIR, CLASS 2 UAS BUNDLE 1 $3,400.08 $0.00 $3,400.08

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Mar 2027
Invoice Plan Item Description Qty Subtotal Tax Total
Total $15,540.32 $0.00 $15,540.32

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Tax is estimated based on rates applicable at date of quote and subject to change at time of invoicing. If a tax exemption certificate should be applied, please submit prior to invoicing.

Standard Terms and Conditions
Axon Enterprise Inc. Sales Terms and Conditions
Axon Master Services and Purchasing Agreement:

This Quote is limited to and conditional upon your acceptance of the provisions set forth herein and Axon’s Master Services and Purchasing Agreement (posted at www.axon.com/legal/sales-terms-and-conditions), as well as the attached Statement of Work (SOW) for Axon Fleet and/or Axon Interview Room purchase, if applicable. In the event you and Axon have entered into a prior agreement to govern all future purchases, that agreement shall govern to the extent it includes the products and services being purchased and does not conflict with the Axon Customer Experience Improvement Program Appendix as described below.

ACEIP:

The Axon Customer Experience Improvement Program Appendix, which includes the sharing of de-identified segments of Agency Content with Axon to develop new products and improve your product experience (posted at www.axon.com/legal/sales-terms-and-conditions), is incorporated herein by reference. By signing below, you agree to the terms of the Axon Customer Experience Improvement Program.

Acceptance of Terms:

Any purchase order issued in response to this Quote is subject solely to the above referenced terms and conditions. By signing below, you represent that you are lawfully able to enter into contracts. If you are signing on behalf of an entity (including but not limited to the company, municipality, or government agency for whom you work), you represent to Axon that you have legal authority to bind that entity. If you do not have this authority, please do not sign this Quote.

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\s1\ \d1\
Signature Date Signed
1/26/2023

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 13 Section Name: CONSENT CALENDAR Account Number: 10-5141 File ID: 23-7281 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: March 20, 2023
SUBJECT:

Police Department Roof Improvements – Budget Appropriation and Agreement RECOMMENDATION:

Adopt a Resolution to appropriate $150,000 of unassigned fund balance from the General Fund to the Police Department Roof Improvements project; approve an agreement with McGinnis Chen Associates, Inc. for professional roof design services in an amount not to exceed $92,500 with a contingency of $13,875; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue amendments within the contingency amount.

BACKGROUND:

The Police Department facility on Franklin Parkway has served the community for over fifteen years. The building’s roof is low-sloped with a Styrene-Butadiene-Styrene membrane system. Roof leaks have been an on-going problem at the facility for years. Currently, there is water penetration at the locker rooms, the dispatch center, the training room, in various hallways, and in the main server room. In 2021, the City engaged McGinnis Chen Associates, Inc. (MCA) to perform a roof assessment that observed large amounts of water pooling at various locations and recommended that the roof be modified to improve drainage and the existing plaster walls be modified to prevent water intrusion.

Due to the recent storms, the roof leaks have gotten worse, putting valuable assets at risk, including the servers and telecommunication equipment. The Public Works Facilities Division requested a quote from MCA to provide the full scope of re-assessing the roof and providing a design solution to prevent future leaks. The proposed scope of services for the Police Department Roof Improvements project (Project) includes investigation, surveying, and testing, which will be documented in a report and provided to the City. The scope of work also includes providing the full design based off the data collected during the investigation and an engineer’s estimated cost of the repair. MCA will also incorporate details for the option to install future solar panels into their design. Lastly, MCA will assist the City with answering potential bidder inquiries and design services during construction. Currently, the construction is not funded. While the extent of the modifications is not known, the construction is likely to cost hundreds of thousands of dollars. The estimated cost of construction will be incorporated into the forthcoming 5-year CIP update.

MCA submitted a proposal on January 6, 2023, that includes the re-design for the roof at the Police Department. Staff recommends awarding in accordance with SMMC 3.60.040(c), which allows the City to award to professional services consultants through a negotiated process without competitive bidding. MCA is best qualified to perform this work because they have expertise and familiarity with these types of projects and based on their previous experience with the City, they are in the best position to perform this work.

BUDGET IMPACT:

The Project was not included in the fiscal year 2022-23 capital budget. With the appropriation of $150,000 from unassigned fund balance from the General Fund to the Project, the fiscal year 2022-23 capital budget will increase by this

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amount. The budget includes the costs for the professional services agreement with MCA and the staff time to manage the Project.

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 - Contract

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

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)
RESOLUTION AUTHORIZING AN APPROPRIATION OF $150,000 OF UNASSIGNED FUND BALANCE FROM THE

GENERAL FUND TO THE POLICE DEPARTMENT ROOF IMPROVEMENTS PROJECT WHEREAS, the City Council recognizes the need to improve the existing roof at the Police Department to remediate water penetration and maintain a structure used to support public safety needs in the City of San Mateo; and
WHEREAS, funding will be needed to investigate and re-design the roof at the Police Department; and WHEREAS, sufficient funds are available in the unassigned fund balance from the General Fund to satisfy the funding needs.

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

1. In accordance with California Environmental Quality Act (CEQA) Guidelines Section 15378(b)(5), this budget appropriation 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.

2. The Council authorizes an appropriation of $150,000 from the unassigned fund balance from the General Fund to the Police Department Roof Improvements Project.

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AGREEMENT WITH MCGINNIS CHEN ASSOCIATES, INC.

FOR DESIGN PROFESSIONAL SERVICES
FOR

POLICE DEPARTMENT ROOF IMPROVEMENTS PROJECT
This Agreement, made and entered into this day of ____________________, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and MCGINNIS CHEN ASSOCIATES, INC., a Corporation (“CONSULTANT”), whose address is 1019 Mission Street, San Francisco, CA 94103:

RECITALS:

A. CITY desires certain design consulting services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

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

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

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on April 1, 2023 and be completed on December 31, 2024.

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 $92,500.

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

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

SECTION 7 - OWNERSHIP OF DOCUMENTS
All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not.

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

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

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

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

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

SECTION 14 - RELIANCE UPON PROFESSIONAL

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

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

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

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

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

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

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

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

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

To CITY: Steve Wu, Project Manager
City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To CONSULTANT: McGinnis Chen Associates, Inc.

Attn: Jeff Chen, Project Manager
1019 Mission Street
San Francisco, CA 94103
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.

DocuSign Envelope ID: F9913B0C-1C6E-444E-A049-0B467D5441EB

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SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
DocuSign Envelope ID: F9913B0C-1C6E-444E-A049-0B467D5441EB

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IN WITNESS WHEREOF, CITY and McGinnis Chen Associates, Inc. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Azalea Mitch
Public Works Director
Date Yi-tso Jeff Chen
Its Authorized Agent
President
If a Corporation, can be either 1)
President or 2) Vice President plus
an additional corporate officer
(i.e., Secretary, Treasurer) who
shall sign below.

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)
Linh Nguyen
Assistant City Attorney
Date Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Insurance Requirements
DocuSign Envelope ID: F9913B0C-1C6E-444E-A049-0B467D5441EB 3/16/2023

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EXHIBIT A

SCOPE OF SERVICES
DocuSign Envelope ID: F9913B0C-1C6E-444E-A049-0B467D5441EB

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EXHIBIT B

INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

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

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

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

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

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

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

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

DocuSign Envelope ID: F9913B0C-1C6E-444E-A049-0B467D5441EB

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 14 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 23-7246 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: March 20, 2023
SUBJECT:

Construction Special Inspection Services for the Clean Water Program – Amendment RECOMMENDATION:

Approve Amendment No. 1 for professional services with Signet Testing Laboratories, Inc. to provide as-needed construction special inspection services for various Clean Water Program projects; increase the agreement amount by $400,000 for a revised total of $1,900,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue project-specific task orders under the agreement.

BACKGROUND:

The Clean Water Program (CWP) includes improvements to wastewater system capacity, flow management, and inflow and infiltration reduction to comply with regulatory requirements. Construction special inspection services provide as- needed support for the CWP’s improvement projects, which include the Wastewater Treatment Plant (WWTP) Upgrade & Expansion, various new capacity relief sewers, sewer rehabilitations/repairs, and lift station improvements. On February 22, 2022, City Council approved a professional services agreement with Signet Testing Laboratories, Inc. (Signet) to provide as-needed construction special inspection services for various CWP projects in an amount not-to-exceed $1,500,000, with three one-year options to extend the contract at the City’s discretion.

During the past year, construction special inspection service needs exceeded projections for inspecting rebar placement and pouring of concrete. Signet has been performing these construction special inspection services satisfactorily for the City. In order to complete the remaining inspections for the CWP projects, additional special inspection services from Signet are required. The proposed Amendment No. 1 will add $400,000 to the Signet agreement and bring the total agreement to $1,900,000. Staff believes this to be a reasonable budget increase for the scope of work and expertise required and recommends the approval of Amendment No. 1 to the agreement with Signet.

BUDGET IMPACT:

There are sufficient funds available in the various Clean Water Program project budgets for this amendment.

ENVIRONMENTAL DETERMINATION:

The City prepared a Final Programmatic Environmental Impact Report (Final PEIR) in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006). The PEIR was certified by Council on June 6, 2016. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for implementation of the Clean Water Program. The City prepared Addenda to the Final PEIR that were approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the project evaluated in the PEIR and Addendum.

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NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Amendment No. 1

STAFF CONTACT
Thomas Ruark, Project Manager II
[email protected]
650-522-7280
Matt Fabry, Deputy Director
[email protected]
650 522 7309
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303

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AMENDMENT NO. 1 TO THE AGREEMENT
BETWEEN THE CITY OF SAN MATEO AND SIGNET TESTING LABORATORIES, INC.

FOR CONSTRUCTION SPECIAL INSPECTION SERVICES FOR THE CLEAN WATER PROGRAM WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Signet Testing Laboratories, Inc. (“CONSULTANT”), entered into an Agreement for professional services (“Agreement”) on March 4, 2022; and
WHEREAS, CITY and CONSULTANT, wish to amend the Agreement to extend the total compensation amount of the agreement.

NOW, THEREFORE, the parties agree as follows:

1. Section 8—Payment. The second sentence of Section 8 – Payment is amended to read: “In consideration for the full performances, of 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 $1,900,000 without prior written authorization

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

CITY OF SAN MATEO CONSULTANT Signet Testing Laboratories, Inc.
_____________________ ___________________ Azalea Mitch By its Authorized Agent Public Works Director Robert V. Tadlock CEO/President
Date:__________________ Date:_______________

APPROVED AS TO FORM
_____________________
Linh P. Nguyen
Assistant City Attorney

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 23-7250 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: March 20, 2023
SUBJECT:

Purchase of Replacement Digester Sludge Transfer Pumps – Change Order RECOMMENDATION:

Approve Contract Change Order No. 1 to the purchase contract with Shape Inc. for the purchase of replacement digester sludge transfer pumps in an amount not to exceed $8,992.16 for a total contract amount of $105,717.16; and authorize the Public Works Director to execute the contract change order in substantially the form presented.

BACKGROUND:

The City’s Wastewater Treatment Plant (WWTP) is an aging facility. The digesters have four existing pumps that are no longer supported by the manufacturer. The pumps are required to move sludge between the two digesters and transferred to the WWTP’s centrifuges for dewatering, hauling and disposal. Pump failure and the ability to source spare parts are a risk to anaerobic digestion operations. The units require replacement with a newer model that is supported by the manufacturer, which will in turn reduce risks and future maintenance costs.

A purchase contract with Shape Inc. was executed on November 28, 2022 for $96,725 to purchase four new pumps for the Transfer Pumps Improvements Project. After executing the purchase contract, Shape Inc. informed City staff that sales taxes were not included in the approved cost proposal, thus this change is necessary to finalize the purchase contract and procure the equipment. Staff recommends approving a contract change order to add $8,992.16 onto Shape Inc.’s existing $96,725 contract, increasing it to a total amount of $105,717.16.

BUDGET IMPACT:

Funding is budgeted for this equipment in the Wastewater Treatment Plant operating budget.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Contract Change Order No. 1

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STAFF CONTACT
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303
Daniel Patten, Project Manager II
[email protected]
(650) 522-7284

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\\smfile02\depts\pw\PWENG\A_AR\2023\Patten\Hammer\Shape Contract Change\Shape Purchasing Agreement CCO 1.docx

CITY OF SAN MATEO

PUBLIC WORKS DEPARTMENT
330 WEST 20

TH AVENUE
SAN MATEO, CA 94403 CHANGE ORDER # 1
(650) 522-7300 PROFESSIONAL SERVICES AGREEMENT
PROJECT: Purchase Contract for Netzsch Pumps From Shape Inc.

TO: FINANCE DEPARTMENT
AGREEMENT WITH: Shape Inc.

CHANGE ORDER NO. 1 Page 1 of 1
P
urchase Order No. February 17, 2023

DESCRIPTION OF WORK
This change order is for Finance tracking only. Refer to the following document for the description of work and agreement of price:

Summary of change:

Please see attached Netzsch Quote Number B000450881 Rev. 5 Change Order #1 Total cost of change not to exceed: $8,992.16

STATEMENT OF ACCOUNT
Original Contract Price $96,725.00 Date Approved:

Previous Change Orders $0.00
Total to Date $96,725.00 By:

This Change Order $8,992.16
AZALEA MITCH, Director of Public Works
Revised Contract Price $105,717.16
DISTRIBUTION: Finance; Project File
NOTE: This change order is not effective until approved by the Director of Public Works.

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SANITATION  HYDRAULIC  AND PROCESSING EQUIPMENT
SHAPE INC. Page 1of 1 ___________________________________________
Garrett Young

QUOTATION DOES NOT INCLUDE ANY SALES OR USE TAX PAYABLE UNDER ANY STATE OR FEDERAL STATURE. THIS QUOTATION PRICE IS FOR MATERIAL LISTED ABOVE. ANY ADDITIONS OR MODIFICATIONS THAT BECOME NECESSARY FOR APPROVED SUBMITTALS, UPON AWARDING OF THIS CONTRACT, MAY RESULT IN NECESSARY PRICE CHANGES.

NOTE: ITEMS NOT SPECIFIED ON THIS QUOTATION ARE NOT INCLUDED IN OUR PRICE AND ARE TO BE SUPPLIED BY OTHERS. PRICES ARE FOR IMMEDIATE ACCEPTANCE AND SUBJECT TO CHANGE WITHOUT NOTICE. Rev. 01/98 SALE SUBJECT TO MANUFACTURERS STANDARD TERMS AND CONDITIONS. 30% Re-stocking fee.

PLEASANTON SACRAMENTO STOCKTON
5115-A Johnson Dr 2200 Sunrise Ave, Ste 240 119 Val Dervin Parkway # 2 Pleasanton, CA 94588 Gold Rive r, CA 95670 Stockton, CA 95206 Phone (925) 485-9720 Phone (916) 309-4132 Phone (209) 234-5909

TO: City of San Mateo DATE: 17-Feb-23
QUOTE #: 110932 CO# 1
JOB: San Mateo WWTP
LOCATION: San Mateo, CA
ATTN: Estimating

PHONE:

WE ARE PLEASED TO QUOTE ON THE FOLLOWING EQUIPMENT
SUBJECT TO CONDITIONS PRINTED ON THE BACK HEREOF, F.O.B. FACTORY THESE CONDITIONS MAY BE CHANGED ONLY BY A WRITTEN F.F.A. TO FIRST DESTINATION STATEMENT SIGNED BY AN OFFICER OF SHAPE, INCORPORATED.

QTY ITEM PRICE
Progressing Cavity Pumps, Section 43 23 57 Digested Sludge Transfer Pumps

1 Lot: Tax on Digested Sludge Pumps quoted on Netzsch Quote Number B000450881 Rev.5

Change Order #1 Tax (9.625%) $8,992.16

Please note that Change Order is For Adding Tax to Netzsch Quote B000450881 Rev.5 Only

Breakdown of Tax Adder:

Equipment Cost: $93,425.00
Shipping: $3,300.00
Total Netzsch Quote B000450881 Rev.5 = $96,725.00
Tax = 9.625% x $93,425.00 = $8,992.16

NOTES:

1. Price includes freight: F.F.A.

2. Price does not include: installation, equipment unloading, guide bars, pipe, valves, conduit, anchor bolts, or any other items not listed.

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 16 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 23-7249 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: March 20, 2023
SUBJECT:

School Zone Speed Limit Phase 1 – Agreement
RECOMMENDATION:

Approve an agreement with JJ Construction and Design Inc. for the School Zone Speed Limit Phase 1 project in the amount of $164,975; establish a contingency reserve in the amount of $16,500; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the amount of the contingency amount.

BACKGROUND:

The School Zone Speed Limit Phase 1 project is first of three phases to implement reduced speed limits in the vicinity of schools. In December 2021, along with passing the resolution to implement the reduced speed limits, Council directed staff to construct the project in phases to ensure appropriate outreach and education are completed for each phase. The current phase involves implementing reduced speed limits adjacent to 15 public elementary schools across 21 roadway segments, while the overall project will install signage and striping for 23 schools across a total of 38 roadway segments.

Attachment 2 shows the locations included with this project.

Phase 1 of the project has been designed with an Engineer’s Estimate for the project of $175,550. The project was advertised on January 6, 2023, and a total of two (2) bids were received and opened on January 27, 2023. The bids received are listed below in order of increasing bid amount.

Company Name Total Bid Amount
JJ Construction and Design Inc. $164,975
Chrisp Company $200,625

After review of the bids, staff determined that JJ Construction and Design Inc. is the lowest responsive, responsible bidder.

Staff recommends City Council award of the agreement to JJ Construction and Design Inc.

BUDGET IMPACT:

The Neighborhood Traffic Management (NTM) project (462226) was identified to fund this project. The goal of the NTM is to address neighborhood traffic concerns, which include excessive vehicle speeds near schools. There is sufficient funding available in this project to cover the costs for this agreement.

ENVIRONMENTAL DETERMINATION:

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

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CITY OF SAN MATEO
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NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement
Att 2 – Location Map

STAFF CONTACT
Stephanie Gindlesperger, Senior Engineer
[email protected]
650-522-7315
Sang Cho, Associate Engineer
[email protected]
6505227348
Bethany Lopez, Senior Engineer
[email protected]
(650) 522-7313

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AGREEMENT WITH JJ CONSTRUCTION AND DESIGN INC.

FOR PUBLIC IMPROVEMENT
FOR
SCHOOL ZONE SPEED LIMIT PHASE 1
CITY PROJECT NO. 462226

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 JJ CONSTRUCTION AN D DESIGN INC., a corporation, with offices at 2316 Tripaldi Way, Hayward, CA 94545 (hereinafter called "Contractor" ), entered into this day of ____________________.

RECITALS:

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

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

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

IT IS AGREED, as follows:

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

SCHOOL ZONE SPEED LIMIT PHASE 1

CITY PROJECT NO. 462226

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of one hundred sixty-four thousand nine hundred seventy-five dollars ($164,975) in full payment for the work set forth above.

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

3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions and Contract Drawings, the State of California Standard Specifications 2018 Edition, the State of California Department of Transportation Standard Plans, DocuSign Envelope ID: 745B7B68-F470-4F8E-8DC8-5A07B90BF6D4

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

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

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

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

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

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

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

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

7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, DocuSign Envelope ID: 745B7B68-F470-4F8E-8DC8-5A07B90BF6D4

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

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

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

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

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

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

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

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

12. Mediation. Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, DocuSign Envelope ID: 745B7B68-F470-4F8E-8DC8-5A07B90BF6D4

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

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

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

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

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

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

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

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

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

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

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

19. Severability. If any part or provision of the contract documents is determined by any court to be illegal, invalid, or unenforceable, in whole or in part, the contract documents shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provisions found to be null and void, DocuSign Envelope ID: 745B7B68-F470-4F8E-8DC8-5A07B90BF6D4

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

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

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

[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and JJ CONSTRUCTION AND DESIGN INC. has been duly executed by the parties hereinabove named, as of the day and year first above written.

CITY OF SAN MATEO

CONTRACTOR

Azalea Mitch
Director of Public Works

Date Jun Hai Chen
Its Authorized Agent
President

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

Date

APPROVED AS TO FORM

ADDITIONAL CORPORATE

OFFICER
(if necessary per the above)

Linh Nguyen
Assistant City Attorney
Date

Date

Attachments:

Exhibit A: Insurance Requirements

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

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

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

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

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

4. Surety Bonds as described below.

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

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

Self-Insured Retentions

Self-insured retentions must be declared to and approved by the City. At the option of the 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 policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City.

Other Insurance Provisions

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

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

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

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

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

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

If the project does not involve new or major reconstruction, at the option of the City, an Installation Floater may be acceptable. For such projects, a Property Installation Floater shall be obtained that provides for the improvement, remodel, modification, alteration, conversion or adjustment to existing buildings, 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.

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

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

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

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

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

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

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

Acceptability of Insurers

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

Waiver of Subrogation

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

Verification of Coverage

Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy 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.

Subcontractors

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

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

Surety Bonds

Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond
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4. Maintenance bond

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

Special Risks or Circumstances

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

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±
0 0.5 10.25 Miles
School Zone Speed Limit Phase 1
Location Map
School zone street segments
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15 mph school zone
25 mph school zone
College Park Elementary
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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: 17 Section Name: CONSENT CALENDAR Account Number: 460043 File ID: 23-7268 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: March 20, 2023
SUBJECT:

Martin Luther King Community Center Small Kitchen Remodel – Contract RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure to award a construction contract to Newton Construction & Management, Inc. to remodel the small kitchen at the Martin Luther King Community Center in the amount of $149,127.11; establish a contingency reserve in the amount of $25,000; 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 small kitchen at the Dr. Martin Luther King Community Center (King Center) has been serving a number of organizations that frequent the facility since 1987 and is due for renovation. The effort is part of a plan to replace old infrastructure and upgrade the recreation center to comply with current accessibility standards required by the Americans with Disabilities Act (ADA). In 2018, the Public Works Facilities Division and the Parks and Recreation Department developed a long-term solution for remodeling the facility based on greatest need and available funding. Two on-site kitchens were included, a large kitchen and a small kitchen. The construction drawings for the renovation of the small kitchen were developed by Public Works in coordination with the Parks and Recreation Department. The scope of work includes the construction of new floors, new cabinets and countertops, new fixtures, new ventilation, new electrical, infill of existing walls, new appliances, and painting.

The City’s Building Department approved the construction drawings for a building permit, which was used as the basis for development of a fixed-price proposal utilizing a process called “job order contracting” (JOC). The JOC process includes a contract for a fixed term or maximum dollar value in which a contractor is selected based on a competitive bid to perform various and separate job orders in the future, during the life of the contract. The JOC contract serves as an "on-call" contracting program that is procured through one umbrella contract. The contract is competitively procured at the onset of the program using a unit price book (UPB), unit price list construction catalog, or custom list of construction prices as a basis for pricing in the procurement process. Each individual job order is then priced from that UPB and allows for rapid deployment of projects with a transparent pricing mechanism.

The JOC process is a competitive procurement method for construction services approved by the City Council by resolution on March 18, 2019. The approval is pursuant to San Mateo Municipal Code section 3.60.070(h)(3), which permits the use of procedures approved by the Council that are not set forth in the purchasing ordinance. Specifically, the JOC process involves the development of a detailed project list, establishment of a firm price using a unit price book, and the selection of a pre-qualified construction contractor upon the City’s authorization to proceed. In this case, Newton Construction & Management, Inc. was selected to perform the small kitchen remodeling work, subject to Council approval.

The selection process is multi-step. First, Sourcewell (formerly known as the National Joint Powers Alliance or NJPA)

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conducted a competitive proposal process to select The Gordian Group, Inc. (Gordian) to implement the JOC on behalf of Sourcewell member agencies. Second, Gordian competitively bids and administers the JOC process with the use of Gordian’s unit pricing that will provide the best price to the City. This allows the City to complete required public improvements efficiently by eliminating the need to develop project specifications and eliminating solicitation of bids through a project-specific competitive bidding process. Here, Gordian used the JOC process to select Newton Construction & Management, Inc., the low bidder and pre-qualified contractor selected to construct the project.

Upon contract approval, the procurement of materials will begin in April 2023 with construction anticipated in winter 2023 and completion in spring 2024. Based on the above, staff recommends award of the contract to Newton Construction & Management, Inc. because of their experience and availability to perform construction services.

BUDGET IMPACT:

There is sufficient funding available in the King Center Kitchens Remodel (460043) and Public Facility and Site Improvements (461004) projects for the construction contract and contingency.

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
Attachment 1 - Proposed Resolution
Attachment 2 - Contract

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

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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE TO AWARD A CONSTRUCTION CONTRACT TO NEWTON CONSTRUCTION & MANAGEMENT, INC. FOR THE MARTIN LUTHER KING COMMUNITY CENTER

SMALL KITCHEN REMODEL
WHEREAS, San Mateo Municipal Code Section 3.60.070(h)(3) authorizes the City Council to approve alternative purchasing procedures upon a finding that the alternative purchasing procedure is in the best interest of the City; and
WHEREAS, Sourcewell (formerly known as NJPA) has conducted competitive bidding processes to select Gordian, Inc. (Gordian) to implement Job Order Contracting on behalf of their member agencies; and WHEREAS, the Job Order Contracting process allows for an umbrella construction contract to cover various and separate job orders during the life of the contract, and is beneficial for renovation, remodeling, or alterations where many small project tasks will arise, but the timing, type, and quantity of work are unknown; and
WHEREAS, Sourcewell and Gordian have conducted competitive bidding to select contractors to perform Job Order Contracting based on Gordian’s Unit Price Book; and WHEREAS, use of Gordian’s Unit Price Book and contract provides the best price to the City and allows the City to complete required public improvements efficiently by eliminating the need to develop project specifications or solicit bids for each minor project task; and WHEREAS, the City approved the Job Order Contracting as a competitive procurement method for construction services by resolution on March 18, 2019 upon findings that the Job Order Contracting process with Gordian is in the best interests of the City; and
WHEREAS, the Martin Luther King Community Center (King Center) Small Kitchen Remodel project is designed and documented to be priced using Gordian’s Unit Price Book; and WHEREAS, Newton Construction & Management, Inc. was selected based on their experience and availability to perform construction services using the Gordian’s Unit Price Book; and WHEREAS, based on these circumstances, staff has determined that this is the best price available because companies have submitted competitive bids.

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

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1. In accordance with CEQA Guidelines Section 15301, this project is categorically exempt from CEQA as an “existing facility” in that it consists of the repair, maintenance, or minor alteration of an existing public structure involving negligible or no expansion of existing or former use.

2. The Job Order Contracting process, as approved by City Council on March 18, 2019, utilizing Gordian’s contract and Unit Price Book to award a construction contract to Newton Construction & Management, Inc. is in the best interests of the City because it offers the best price to the City and allows the City to complete the renovation of the kitchen at the King Center efficiently by eliminating the need to develop project specifications and eliminating solicitation of bids through a project- specific competitive bidding process.

3. A construction contract is approved in the amount of $149,127.11 to Newton Construction & Management, Inc. for the King Center Small Kitchen Remodel project.

4. The Public Works Director is authorized to execute the contract on behalf of the City and issue change orders within the contingency amount of $25,000.

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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.

CONTRACT FOR CONSTRUCTION
This Contract is by and between.

OWNER CONTRACTOR
The City of San Mateo
330 West 20th Street
San Mateo, California 94403
Newton Construction &
Management, Inc.
2436 Broad Street
San Luis Obispo, CA 93401

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. Martin Luther King Community Center Small Kitchen Remodel which includes site barriers; demolition and disposal; framing; plumbing; electrical; mechanical; cabinets, fixtures; flooring; painting; inspection; testing and closeout.

2. The Site of the Work includes designated work areas described in greater detail in the Contract Documents but generally located at 725 Monte Diab lo Avenue, 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. 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 Com prehensive 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. (“RCR A”); (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 DocuSign Envelope ID: E952328A-EE46-48CC-A2EA-BC0D94DA40CF

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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.

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

2. Hazardous Environmental Condition — The presence at the Site of Constitu ents 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 th at are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition.

3. Resident Project Representative - The authorized representative of Owner ass igned 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. Steve Wu, City of San Mateo

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 ad jectives 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 complian ce 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 c. has been damaged prior to Engineer’s recommendation of final payment (un less responsibility for the protection thereof has been assumed by Owner at Substantial Completion.

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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.

E. Furnish, Install, Perform, Provide:

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver sai d 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,” “p erform,” 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 constructi on 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. Performance bond.

3. Payment bond.

4. Exhibits to this Contract (enumerated as follows):
a. Exhibit A - Contractor’s Proposal
b. Exhibit B – Insurance Requirements for Construction Contracts.

5. National Joint Powers Alliance - Book 2: IQCC Standard Terms and Conditions and Contract General Conditions.

6. National Joint Powers Alliance - Book 3: Task Catalog.

7. National Joint Powers Alliance Book 4: Technical Specifications.

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

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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.

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 th e 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 Drawings, 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 dimensio ns 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 stan dard 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 require d 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.

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.

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B. Resolving Discrepancies:

1. Except as may be otherwise specifically stated in the Contra ct 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 t he provisions of the Contract Documents would result in violation of such Law or Regulation).

2. When a conflict exists between drawings or between drawings and details, the more stringent of the two shall prevail. When a conflict exists between two specific ations, 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. Drawings included as an Exhibit to this Contract.
f. Owner Standard Specifications.
g. Owner Standard Drawings.
h. National Joint Powers Alliance Book 4: Technical Specifications. i. National Joint Powers Alliance - Book 2: IQCC Standard Terms and Conditions and Contract General Conditions.
j. 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).
k. 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).
l. Notice to Bidder.
m. Instruction to Bidder.

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ARTICLE 4 - CONTRACT TIMES

4.01 Contract Times
A. The Work will be substantially completed within 365 days after the Effective Date of the Contract and completed and ready for final payment within 395 days after the Effective Date of the Contract.

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 $1000 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 $1000 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 $149,127.11 for all Work.

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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 com pleted. The extended price is determined by multiplying the unit price in the National Joint Powers Alliance - Book 3: Task 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 tha n 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 be longing 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.

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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.

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 shal l 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 li censes 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 indemnif y 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, DocuSign Envelope ID: E952328A-EE46-48CC-A2EA-BC0D94DA40CF

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losses, and damages if Contractor performs any Work or takes a ny 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.

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 purchase s of goods, services, or materials pursuant to the public works contract or the subcontract. This a ssignment 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 prevai ling wages. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force o n the day the bid was announced, will b e the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provid e 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 bid der’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 L abor 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 mecha nic 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.

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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.

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 L abor 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 an d enforcement by the Department of Industrial Relations.

7.08 Record Documents
A. Contractor shall maintain one printed record copy of all Drawings, 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, util ities, 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 DocuSign Envelope ID: E952328A-EE46-48CC-A2EA-BC0D94DA40CF

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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.

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 sp ecific 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 DocuSign Envelope ID: E952328A-EE46-48CC-A2EA-BC0D94DA40CF

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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, liability, damage, or expense arising from the sole neglige nce 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 Drawings, 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 pro visions 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 Sit e 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 DocuSign Envelope ID: E952328A-EE46-48CC-A2EA-BC0D94DA40CF

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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 Drawings or 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 Drawings or 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 o n 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 b y the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be DocuSign Envelope ID: E952328A-EE46-48CC-A2EA-BC0D94DA40CF

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selected by a blind draw. The cost of mediation shall be borne equally by t he parties. Neither party shall be deeme d 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 n o 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 DocuSign Envelope ID: E952328A-EE46-48CC-A2EA-BC0D94DA40CF

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Contractor. Contractor shall p rovide 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 e quipment 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 1 4.06.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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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.

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 a fter 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 pa yment 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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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.

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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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.

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 drawings 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 gua rantee, 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 connectio n with any other project or anticipated project.

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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.

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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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.

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: CONTRACTOR:

By: Azalea Mitch By: Eric Newton
Title: Director of Public Works Title: President

Address for giving notices: Address for giving notices:
330 West 20th Avenue 2436 Broad Street
San Mateo, CA 94403 San Luis Obispo, CA 93401

License No.: CA License # 783608

(where applicable)

APPROVED AS TO FORM

Linh Nguyen
Assistant City Attorney

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EXHIBIT A
CONTRACTOR’S PROPOSAL
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EXHIBIT B

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

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

18.02 Coverage shall be at least as broad as:

A. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $5,000,000 per occurrence. If a general aggregate lim it 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 coin surance penalty provisions.

E. Surety Bonds as described below.

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

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

18.03 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.

18.04 Self-Insured Retentions. Self-insured retentions must be declared to and approved by the City. At the option of the City, either: the contractor shall cause the insurer shall to reduce or eliminate such self-insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration , and defense expenses. The DocuSign Envelope ID: E952328A-EE46-48CC-A2EA-BC0D94DA40CF

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

ARTICLE 19 - OTHER INSURANCE PROVISIONS

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

A. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, par ts, 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 Contracto r’s insurance and shall not contribute with it.

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

19.02 Builder’s Risk (Course of Construction) Insurance A. Contractor may submit evide nce 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, m achinery 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.

19.03 Claims Made Policies
A. If any coverage required is written on a claims-made coverage form:

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

2. Insurance must be maintained, and evidence of insurance must be provided, for at least five (5) years after completion of contract work.

3. If coverage is cance lled or non -renewed, and not replaced with another claims -made policy form with a retroactive date prior to the contract effective, or start of work date, the Contractor must purchase extended reporting period coverage for a minimum of five (5) years after completion of contract work.

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

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

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

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

19.06 Verification of Coverage
A. Contractor shall furnish the City with original Certificates of Insurance including all required amendatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements, required by these specifications, at any time.

19.07 Subcontractors
A. Contractor shall require and verify that all subcontractors maintain insurance meeting all requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 04 13.

19.08 Surety Bonds.

A. Contractor shall provide the following Surety Bonds:

1. Performance Bond

2. Payment Bond

3. Maintenance Bond
B. The Payment Bond and the Performance Bond shall be in a sum equal to the contract price.

If the Performance Bond provides for a one -year warranty a separate Maintenance Bond is not necessary. If the warranty period specified in the contract is for longer than one year a Maintenance Bond equal to 10% of the contract price is required. Bonds shall be duly executed by a responsible corporate surety, 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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19.09 Special Risks or Circumstances.

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

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CITY OF SAN MATEO
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CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 18 Section Name: PUBLIC HEARING Account Number: 26-3111 File ID: 23-7177 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Community Development Department
MEETING DATE: March 20, 2023
SUBJECT:

Fiscal Year 2022-23 Comprehensive Fee Schedule – Amendment for Planning Support Fee RECOMMENDATION:

Adopt a Resolution to approve the amendments to the Planning Support Fee for Building Permits.

BACKGROUND:

Section 3.64.010 of the San Mateo Municipal Code requires the City Manager to submit the City’s fee schedule to the City Council for approval prior to submittal of the annual budget. The City Council adopted the current fee schedule on April 18, 2022, which included adjustments to the Planning Support Fee. It is the City's policy and practice to increase fees annually by Consumer Price Index, or CPI, for the San Francisco Bay Area. However, certain types of fees are based on a detailed fee study, such as the Planning Support Fee for Building Permits.

The Planning Support Fee covers Planning Division costs associated with Planner staff time to review building permits for compliance with the City’s zoning code, or approved Planning Applications and associated conditions of approval and mitigation measures. The Planning Support Fee for 2022-23 was established as a percentage of the total valuation of projects (0.34%), but since its adoption, resulted in extremely high fees for larger projects incommensurate with the total staff time needed for review. For example, projects that were valued at approximately $200 million resulted in a Planning Support Fee of $760,000, nearly four times the building permit fees ($213,000), which covers the Building Division plan checking and inspection costs and is the larger level of effort for review and approval of these permits.

To further analyze the Planning Support Fee and formulate recommendations to correct the issue, the Community Development Department contracted with Matrix Consulting Group (Matrix) to conduct additional analysis and propose a fee that would be commensurate with the planning and zoning review of building permits (Attachment 1, Exhibit A). The proposed recommendations include revising the Planning Support Fee from a 0.34% valuation fee to a fraction of the total Building Permit Fee at 10%, with a minimum fee of $210, which accounts for 1-hour of staff time. A table summarizing the fee change for the Planning Support fee is provided in Attachment 1, Exhibit B.

With the proposed fee amendment, a project valued at $200 million would have a Planning Support Fee of approximately $18,000, which would better reflect the staff costs associated with the Planning review. The updated fee would be applied retroactively for all projects submitted after September 30, 2022, that have pending building permit issuance and would be incorporated into the fee schedule for the 2023-24 comprehensive fee amendments.

BUDGET IMPACT:

The proposed change would decrease the revenue from building permit fees for Planning support. However, it would be more commensurate with the level of effort needed to process these applications. Additionally, the collective Building

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Permit revenue would be used to offset any overage costs associated with planner time assisting with general front counter and permitting inquiries associated with building permits.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution

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

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CITYOFSANMATEO
RESOLUTIONNO.___(2023)

AMENDMENTSTOTHECOMPREHENSIVEFEESCHEDULEFORPLANNINGSUPPORTFEES FORFISCALYEAR2022Ͳ2023

 WHEREAS,theCityhasaPlanningSupportFeeassociatedwithBuildingPermitsontheComprehensive FeeSchedule,whichtheCityreviewsannually;and

WHEREAS,itistheCity’spolicyandpracticetoestablishfeessufficienttorecoveritscosts,andto eliminateorreducefeesthatareobsolete,nolongerapplicabletoservicesprovided,orsucceededbystateor countyagencies;and

 WHEREAS,theCityhiredanindependentconsultant,MatrixConsultingGroup(“Matrix”),tostudythe PlanningSupportFee;and

WHEREAS,theattachedmemorandumfromMatrix(ExhibitA)demonstratesthattheexistingPlanning SupportFeeof0.34%ofthevaluationoftheprojectisnotcommensuratewiththeservicesprovided;and 
 WHEREAS,theattachedmemorandumfromMatrixrecommendsthePlanningSupportFeesbe amendedtobe10%oftheBuildingPermitfee,withaminimumof$210,basedonananalysisofactualstaff costsandbestpracticesacrossothercities;and

WHEREAS,thefeeamendmentswouldnotconstituteanewfeeoranincreaseintheexistingPlanning SupportFee;and

 WHEREAS,the
feeamendmentswouldapplytoallprojectsthathavenotyethadbuildingpermits issued;and

 WHEREAS,inaccordancewithGovernmentCodesection66016,theCouncilheldapublichearingto considerthesefeeamendmentsonMarch20,2023;and

 WHEREAS,inaccordancewithGovernmentCodesection66019,atleasttendayspriortothepublic hearing,theCitymadedataavailabletothepublicsupportingtheneedfortheamendmentstothePlanning SupportFee.

 NOW,THEREFORE,THECITYCOUNCILOFTHECITYOFSANMATEO,CALIFORNIAHEREBYFINDSAND RESOLVESthat:


1. TheapprovalofaComprehensiveFeeScheduleisnotaprojectsubjecttoCEQAbecauseitisa governmentfiscalactivitywhichdoesnotinvolveanycommitmenttoanyspecificprojectwhich mayresultinapotentiallysignificantimpactontheenvironment.(CEQAGuidelinesSection 15378(b)(4).)


2. TheamendmentstothePlanningSupportFee,attachedinTable1(ExhibitB),areapproved.

190 of 314




3. TheamendedPlanningSupportfeesshallbecomeeffectiveretroactivelyfromSeptember30, 2022onwardsforallprojectsthathavenotyetreceivedtheirbuildingpermits.

191 of 314


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196 of 314

UNIT PRIOR FEE PROPOSED FEE
III.

B. Fee 0.34% of
Valuation
10% of Building Permit Fee,
with a minimum fee of $210.

ADDITIONAL REQUIRED PLAN REVIEW &

BUILDING PERMIT FEES

PLANNING SUPPORT FEE (PLAN

CHECK/INSPECTION)
(Fee covers initial review and 2 resubmittals) The
fee will be charged for all projects which require a
planning application, for new single-family homes
and duplexes, and for any other permit application
that requires review by the Planning Division.

COMMUNITY DEVELOPMENT

BUILDING DIVISION

DESCRIPTION OF SERVICES

EXHIBIT B
&nbsp;
197 of&nbsp;314

CITY OF SAN MATEO
3 9
9 6

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 19 Section Name: OLD BUSINESS Account Number: 10-1311 File ID: 23-7251 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: March 20, 2023
SUBJECT:

City Council Priority List – Draft Review
RECOMMENDATION:

Review and comment on the proposed work plan and resource requirements for the draft City Council fiscal year 2023-24 priority list.

BACKGROUND:

The City Council goal-setting process includes a three-step deliberation process resulting in the adoption of a City Council priority list, which includes staff’s proposed work plan for each initiative for the upcoming fiscal year. The first step of the process was the City Council Blue Sky Workshop, held on February 11, 2023. At this workshop, the City Council reviewed the adopted fiscal year 2022-23 priorities, removed completed and operationalized items, and proposed new priorities to add to the list for the fiscal year 2023-24.

The second step of the process, which will take place at the March 20th City Council meeting, is a review of the draft Council priority list and the proposed work plan for each item. Staff made some adjustments to the wording of several items following the Blue Sky Workshop to capture the feedback received and to merge like items. Staff requests City Council review to ensure that the original intention of each still remains and that the proposed work plan appropriately addresses City Council’s expectations. It is an iterative process to create the final priority list, and staff expects some revisions will be required.

The priority list also includes an estimate of additional resources required beyond what is currently allotted for in the baseline budget and Capital Improvement Program. It is important to note that many of the priorities are listed as not requiring any additional resources. There are two primary reasons for this. The first is that the priority is already resourced, meaning that has been budgeted for in the City’s Business Plan or Capital Improvement Program. Secondly, for newer items, the initial step in the work plan is to conduct a study session to present in-depth analysis on the topic and information on resource requirements for implementation, which may include several options of how to proceed. Until Council direction is provided on how implementation will occur, the only resources dedicated are staff time to do the analysis. In contrast, the resource requirement intensity column provides a qualitative analysis of what level of resource commitment staff estimates will be required for actual implementation of each of the items.

At the March 20th meeting, the City Council will also have an opportunity to take public comment on their proposed priority list. The draft priority list for the fiscal year 2023-24 with the proposed work plan items and required resources is included as Attachment 1 to this report. The final step in the process will be City Council approval of the priority list, which is anticipated to be a consent calendar item on the April 17th City Council agenda.

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CITY OF SAN MATEO
3 9
9 6
BUDGET IMPACT:

There is no budget impact from this agenda item. Additional resources identified required to implement the proposed priorities will be included in the proposed fiscal year 2023-24 Business Plan and the Capital Improvement Program.

ENVIRONMENTAL DETERMINATION:

This priority list review 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 - Draft Priority List 2023-2024

STAFF CONTACT
Denise Garcia, Management Analyst II
[email protected]
(650) 522-7003

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Fiscal Year 2023-24 City Council Priorities
New # Department Lead(s) Council Priority
Resource
Requirement
intensity
Proposed Work Plan for Fiscal Year 2023/24 Additional resources required above current budget baseline
1 City Attorney's Office
and City Clerk's Office
Study campaign finance reform policies, including voluntary expenditure limit, disclosure requirement for independent expenditures, and improving access for voter education
initiatives
Low
Conduct legal research and review campaign ordinances and finance models enacted by other cities. Draft ordinance and present to Council. Evaluate historic election data and increase outreach to voters with limited English proficiency.

None
2 City Clerk Explore increasing representation of youth and seniors on City Boards and Commissions Low
Hold a study session to get direction on participation options for Boards and Commissions and then recruit in tandem for any identified new youth positions with Youth Activity Council.

None
3 City Manager's Office Establish policies to decarbonize existing buildings and infrastructure and eliminate methane gas use by 2030 Medium Develop a decarbonization plan recommending strategies to achieve 2030 goal, partner with Peninsula Clean Energy to promote available rebates and electrification technical assistance programs to property owners, implement adopted 2022 building reach codes.

None
4 City Manager's Office Integrate master plans to increase efficiency and community impact Medium
Hold a study session to evaluate integration of Diversity, Equity, and Inclusion and Age Friendly priorities across Master Plans and analyze strategies for inclusion of affordable housing and recreational amenities in City projects.

None
5 City Manager's Office Design and implement capital improvements for permanent street closure Medium Complete design, bid, and start construction of the pedestrian mall improvements.

Construction estimated at $1.2
million (only $600K currently
budgeted in Capital Improvement
Program)
6 Community
Development Create a racial equity community art project Low Complete selection process for art, including the community engagement process and Civic Arts Committee recommendation to City Council. Work with the selected artist to implement the project.

Mural budget to be determined.

To be funded from Art in Public
Places Fund.
7 Community
Development
Analyze density minimums for mixed-use projects and
update the Density Bonus and Community Benefits policies Medium Evaluate options for setting minimum residential density requirements for mixed- use projects and updating the Density Bonus and Community Benefits policies, and present options to Council. Based on Council direction, process applicable code amendments and policy updates.

None
8 Finance
Initiate a Community Budget Process for anticipated revenue from Measure CC Medium
Research community budget processes from comparable cities, develop recommended process, and present to City Council as a part of 2024-25 budget process.

None
9 Public Works Remove North Shoreview from FEMA Flood Assessment High Initiate and complete Letter of Map Revision process with FEMA to formally remove homes out of the special flood hazard zone. Coordinate with the County to include on North Shoreview Flood Assessment fees property tax rolls.

None
Items to be Completed within the Fiscal Year
1 200 of 314

Fiscal Year 2023-24 City Council Priorities
New # Department Lead(s) Council Priority
Resource
Requirement
intensity
Proposed Work Plan for Fiscal Year 2023/24 Additional resources required above current budget baseline
10 City Manager's Office Implement the Climate Action Plan and work to reduce greenhouse gas emissions Medium
Continue implementation of measures from the 2020 Climate Action Plan including decarbonization strategies for existing buildings, expansion of electric vehicle infrastructure, and leaf blower policy implementation.

None
11 City Manager's Office Consider the adoption of wage theft protections High Evaluate wage theft policies adopted by other jurisdictions and present policy options to City Council for consideration. None
12 City Manager's Office Explore the establishment of Property-Based Improvement Districts Medium Hold a study session with City Council to explore PBID structure options and work with property owners to gauge interest. None
13 City Manager's Office Explore the implementation of a Customer Response Management or 311 system High Hold a study session to determine desired functionality and then analyze available platforms and resources required for implementation. None 14 City Manager's Office
and City Attorney's
Office
Adopt a Retail Cannabis Ordinance High Research best practices and outcomes in other jurisdictions and hold a study session with City Council to present policy options for consideration. None 15 City Manager's Office
and City Attorney's
Office
Review and update the City Charter related to district
elections, mayoral rotation, and filling Council vacancies High Hold a study session to determine proposed charter amendments for placement on the 2024 ballot. None
16 City Manager's Office
and Public Works
Enhance city-wide disaster response and emergency
preparedness Low Evaluate citywide disaster response capabilities to identify any gaps and present an update to City Council on recommended actions. None
17 Community
Development Update the General Plan High
Conduct community outreach and engagement effort for the draft General Plan and Draft Environmental Impact Report (EIR); publish the final General Plan and EIR and hold adoption hearings before the Planning Commission and Council.

Enhanced historic preservation narrative, policies and actions will be included in the Draft General Plan.

None
18 Community
Development Implement Housing Element Policies High
Implement all policies and programs in the Housing Element targeted for 2023/2024 including, evaluating options for strengthening tenant protections under AB1482, researching best practices and resource requirements for a rental registry list, and evaluating policies and code amendment options to allow for missing middle housing under SB 10.

New Senior Housing Planner
required ($187K annual salary and
benefits) funded from Advanced
Planning and Construction
Services Funds
19 Library and Public Works Address structural issues at the Marina Library High Engage CEQA consultant for regulatory permitting requirements; identify and obtain approvals from applicable regulatory agencies. Begin design of structural repairs.

None
20 Public Works Reconstruct all failed streets in San Mateo by 2026 High Construct Phase 4 of the program. Complete design and start construction of Phase 5 (final phase) of the program. None
21 Public Works Replace all remaining high voltage circuits to improve safety and reliability of the street light system High Finish construction of Phase 3. Complete design and start construction of Phase

4. None
22 Public Works Fund and deliver the Clean Water Program High Continue construction of the Waste Water Treatment Plant Expansion Project, Underground Flow Equalization System, and other sewer collection system improvements.

None
Items to be Completed within 2 to 5 Years
2 201 of 314

Fiscal Year 2023-24 City Council Priorities
New # Department Lead(s) Council Priority
Resource
Requirement
intensity
Proposed Work Plan for Fiscal Year 2023/24 Additional resources required above current budget baseline
23 Library Implement Library Space Master Plan High Identify potential sources of funds to construct remaining space enhancements.

Implementation of remaining projects are on hold until resources are identified.

To be determined based on
resources identified.
24 Parks & Recreation Implement the Central Park Master Plan High Complete construction documents, bid, and initiate construction on the Fallen Heroes Memorial and Central Park Playground Renovation projects. None 25 Public Works
Expedite efforts to improve the stormwater collection,
drainage, and storage system, including dredging the Marina lagoon
High Conduct public outreach for a property based Citywide stormwater fee, finalize fee study, and follow Prop 218 Process for voter approval. None 26 Public Works Meet the 100% trash reduction mandate High Construct the Poplar Golf Course Trash Capture Device. Begin evaluation, selection, and installation of small trash capture devices. Develop and implement a program for conducting inspections and enforcement of private parcels with high and medium trash generating rates.

None
27 Public Works Implement a Green Fleet by 2030 High
Continue planning and research for fleet transition plan through Peninsula Clean Energy, acquire transmission plan for review by City, and develop an implementation plan for installation of Electric Vehicle Chargers and infrastructure at key locations for City Fleet uses.

None
28 Public Works Expedite efforts to produce potable water from the Clean Water Program High
Continue to develop a CEQA-ready preliminary design for options on advanced wastewater treatment for reservoir water augmentation and direct potable reuse with the regional partner agencies.

None
29 Public Works Minimize impacts to residents from train horn noise at City at-grade crossings High
Construct improvements in downtown to move towards quiet zone qualification.

Meet with railroad stakeholders in preparation for quiet zone establishment. None 30 Public Works Plan for the downtown grade separations and long-term train corridor improvements High
Continue to evaluate potential grant opportunities for funding grade separation studies. When funding is identified, solicit consultant services for development of the Downtown Grade Separation Plan.

None
31 Public Works Improve traffic flow on 19th Ave and Fashion Island Boulevard from Grant to Mariners Island Boulevard High
Start the design of the Fashion Island Boulevard/Norfolk/19th Avenue intersection and bridge improvements. Seek funding for recommended improvements identified in the Fashion Island Boulevard study.

None
32 Public Works Complete all High and Medium-High priority projects in the 2020 Bicycle Master Plan and the Pedestrian Master Plan High Refine programmatic timeline for future bike improvements. Create a pedestrian master plan implementation plan. Continue design of the Delaware Safe Routes to School protected bike lane project. Complete feasibility study as part of the US101/92 Mobility Hub project that includes the 19th Avenue Fashion Island Blvd protected bike lane.

None
Items to be completed in 5 or more years
3 202 of 314

THE FOLLOWING PUBLIC

COMMENTS WERE SUBMITTED

FOLLOWING THE PUBLICATION

OF THE AGENDA PACKET

203 of 314

1 Martin McTaggart
From: Patrice Olds
Sent: Monday, March 20, 2023 1:56 PM
To: Martin McTaggart; Andrea Chow; Sue-Ellen Atkinson
Subject: Fwd: Comments for 3/20 meeting

Get Outlook for iOS
From: Lisa Rayle
Sent: Monday, March 20, 2023 1:22:16 PM
To: City Council (San Mateo) <[email protected]> Subject: Comments for 3/20 meeting

Dear Councilmembers,

As a resident of San Mateo, I am writing to comment on three items on tonight's agenda:

1. City Council Priority List ‐ Draft Review, item #32

On it
em #32, I urge council to be more specific.
 "Refine programmatic timeline for future bike improvements" --> we should create a timeline to build all priority projects in the Bike Master Plan
 " Create a pedestrian master plan implementation plan" --> Does it really take all year to make a plan to implement a plan? Can we also identify quick-build projects that can be implemented this year?

2. Complete Streets Plan ‐ Introduction & Community Engagement

I strongly support the design of streets that are truly complete, which means making streets safe and welcoming for people on foot and on bike. San Mateo roads are too often designed for cars with pedestrians and bicycles as an afterthoug
ht. It's past time to correct that imbalance by prioritizing design for people over design for cars.

3. Leaf blowers

Gas leaf blowers create air pollution hazardous to health, with few benefits. When I lived in Palo Alto, where gas leaf blowers are banned, the landscapers were fine using an ele ctric  blower and the cost was basically the same. Why
continue to subject residents and workers to hazardous fumes when there are perfectly good alternatives available?

Thank you,
Lisa Rayle

204 of 314

1 Martin McTaggart
From: Richard Delaney
Sent: Saturday, March 18, 2023 6:10 PM
To: City Council (San Mateo)
Subject: Proposal to eliminate gas service
This week we were out of electricity at my house and most of my block.Fortunately we have a gas water heater and a gas stove.

All of our food in the refrigerator spoiled and we could not get heat.

I know you are considering a ban on new gas service and a grad ual  elimination of gas service. I do not think the electrical grid is able to supply the energy needed to supply San Mateo and I( know they changes will significantly increase the cost of living in San Mateo.

This is a poor proposal at this time.

205 of 314

1 Martin McTaggart
From: Mark Eliot
Sent: Saturday, March 18, 2023 2:34 PM
To: City Council (San Mateo)
Subject: Item 19 -- Priority List -- Draft Review
Dear City Council,

Regarding Item 19 on your agenda for March 20, please make changes to priority #32  —  complete projects from the bicycle and pedestrian plans.

The proposed work for #32 says:

"Refine programmatic timeline for future bike improvements. Create a pedestrian master plan implementation plan.

Continue design of the Delaware Safe Rout
es to School protected bike lane project. Complete feasibility study as part of the US101/92 Mobility Hub project that includes the 19th Avenue Fashion Island Blvd protected bike lane.”

All of these tasks are essentially more planning. Nothing in this goal indicates that the City prioritizes building bicycle or pedestrian infrastructure this year, which is what we actually need. Particularly questionable is the notion of spending time and money to create another plan just to implement the existing pedestrian plan.

Please revise the Public Works work plan to state that at least some of the high priority projects in the Bicycle Master Plan and Pedestrian Master Plan will move toward “quick build" i mplementation this year.

Thank you for your consideration.

Sincerely,
Mark Eliot

206 of 314

Annual Energy Outlook 2023
with projections to 2050
March 16, 2023
www.eia.gov/aeo#AEO2023
Annual Energy Outlook 2023 Release at Resources for the Future Joseph DeCarolis, EIA Administrator
Angelina LaRose, Assistant Administrator for Energy Analysis

207 of 314

What does EIA do?
The U.S. Energy Information Administration (EIA) is the statistical and analytical agency within the U.S. Department of Energy.

EIA is the nation's premier source of energy information.

By law, our data, analyses, and forecasts are independent of approval by any other officer or employee of the U.S. government.

Our Annual Energy Outlook 2023 explores long-term energy trends in the United States.

AEO2023 Release,
RFF March 16, 2023 2

208 of 314

What’s new in the 2023 Annual
Energy Outlook?
3 AEO2023 Release, RFF
March 16, 2023
• A focus on the narrative
• Technical notes
• Emphasis on the range of results
• New combination cases

209 of 314

The AEO2023 includes cases that vary technical and economic assumptions, including combination cases that extend the bounds of uncertainty 4 AEO2023 Release, RFF
March 16, 2023
All cases reflect current laws and regulations as of November 2022, including the Inflation Reduction Act.

Reference 1.9% annual GDP growth; Brent = $101 per barrel (b) in 2050 Economic Growth Low: 1.4% annual GDP growth
High: 2.3%
Oil Price Low: Brent = $51/b in 2050
High: Brent = $190/b in 2050
Oil and Gas Supply Low: 50% lower oil and gas resource recovery and 50% higher drilling costs relative to the Reference case
High: 50% higher oil and gas resource recovery and 50% lower drilling costs relative to the Reference case
Zero-Carbon Technology
Cost (electric power sector)
Low: About 40% reduction in cost by 2050
High: No reduction in costs
Combination Combinations of Economic Growth and Zero-Carbon Technology Cost cases

210 of 314

AEO2023 Issues in Focus: Inflation Reduction Act
• Inflation Reduction Act Issues
in Focus released today
– No IRA case
– High Uptake case
– Low Uptake case
• Detailed IRA assumptions
available on the AEO website
5 AEO2023 Release, RFF
March 16, 2023

211 of 314

IRA-related caveats to keep in mind
• The IRA contains a complex package of incentives, many of which are challenging to model. • We do not explicitly include certain IRA provisions in AEO2023 for three general reasons:
– Guidance is not yet available on how a provision will be enacted or how agencies will implement it.
– Provisions requiring significant model modifications that were not possible to implement this year.
– Provisions that do not align with our analytic resolution, for example “energy communities.” • As a result, all energy system impacts of the IRA are not represented in AEO2023. • We have documented our modeling assumptions related to all IRA provisions, which are available with today’s AEO2023 release.
• We will refine our estimates over time as IRA implementation details become available and we update our modeling capability.
6 AEO2023 Release, RFF
March 16, 2023

212 of 314

AEO2023 Highlights
• Energy-related CO2 emissions fall across all AEO2023 cases because of increased electrification, higher equipment efficiencies, and more zero-carbon electricity generation.
• Renewable generating capacity grows in all regions of the United States in all AEO2023 cases, supported by growth in installed battery capacity. • Technological advancements and electrification drive projected decreases in demand- side energy intensity.
• The United States remains a net exporter of petroleum products and of natural gas through 2050 in all AEO2023 cases.
7 AEO2023 Release, RFF
March 16, 2023

213 of 314

AEO2023 Highlights
• Energy-related CO2 emissions fall across all AEO2023 cases because of increased electrification, higher equipment efficiencies, and more zero-carbon electricity generation.
• Renewable generating capacity grows in all regions of the United States in all AEO2023 cases, supported by growth in installed battery capacity. • Technological advancements and electrification drive projected decreases in demand- side energy intensity.
• The United States remains a net exporter of petroleum products and of natural gas through 2050 in all AEO2023 cases.
8 AEO2023 Release, RFF
March 16, 2023

214 of 314

By 2030, energy-related CO2 emissions fall 25% to 38% below 2005 levels
9 AEO2023 Release, RFF
March 16, 2023
0%
20%
40%
60%
80%
100%
0 1,000
2,000
3,000
4,000
5,000
6,000
7,000
2000 2005 2010 2015 2020 2025 2030 2035 2040 2045 2050
Total energy-related carbon dioxide emissions
million metric tons percentage relative to 2005 High Economic
Growth-High ZTC
No IRA
Reference
Low Economic
Growth-Low ZTC
2022
history projections
Data source: U.S. Energy Information Administration, Annual Energy Outlook 2023 (AEO2023) Note: Shaded regions represent maximum and minimum values for each projection year across the AEO2023 Reference case and side cases. ZTC=Zero-Carbon Technology Cost; IRA=Inflation Reduction Act.

215 of 314

10 AEO2023 Release, RFF
March 16, 2023
Data source: U.S. Energy Information Administration, Annual Energy Outlook 2023 (AEO2023) Note: Charts include CO2 emissions from fossil fuel and industrial feedstock uses. This scope excludes industrial process emissions, agriculture, waste, land use, and other greenhouse gases such as methane and hydrofluorocarbons. Industrial emissions include combined-heat-and-power plants that have a non-regulatory status and small on-site generating systems.

In the No IRA and Low Uptake cases, U.S. CO2 emissions fall 26% and 27%, respectively, by 2030 from 2005. The Reference and High Uptake cases go further and reach reductions of about 33% and 34%, respectively.

Energy-related CO2 emissions
billion metric tons

0.0 1.5

3.0 4.5

6.0 7.5
2005 2020 2035 2050
No IRA
Low Uptake
High Uptake
Reference
2022
history projections
all sectors

0.0 1.0

2.0 3.0
2005 2020 2035 2050
2022
history projections
electricity sector

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AEO2023 Highlights
• Energy-related CO2 emissions fall across all AEO2023 cases because of increased electrification, higher equipment efficiencies, and more zero-carbon electricity generation.
• Renewable generating capacity grows in all regions of the United States in all AEO2023 cases, supported by growth in installed battery capacity. • Technological advancements and electrification drive projected decreases in demand- side energy intensity.
• The United States remains a net exporter of petroleum products and of natural gas through 2050 in all AEO2023 cases.
11 AEO2023 Release, RFF
March 16, 2023

217 of 314

Total installed generating capacity more than doubles across most scenarios
12AEO2023 Release, RFF March 16, 2023
0 500 1,000 1,500 2,000 2,500 3,000 3,500
2022
Reference
Low Oil and Gas Supply
High Oil and Gas Supply
Low ZTC
High ZTC
Low Economic Growth
High Economic Growth
Low Oil Price
High Oil Price
High Economic Growth-High ZTC
High Economic Growth-Low ZTC
Low Economic Growth-High ZTC
Low Economic Growth-Low ZTC
Total installed capacity in all sectors, 2022 (history) and 2050 gigawatts
stand-alone storage
solar
wind
oil and natural gas
nuclear
other
coal
Data source: U.S. Energy Information Administration, Annual Energy Outlook 2023 (AEO2023) Note: ZTC=Zero-Carbon Technology Cost; other=geothermal, biomass, municipal waste, fuel cells, hydroelectric, pumped hydro storage

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Power demand is increasingly met by renewables
13 0
1,000
2,000
3,000
2010 2020 2030 2040 2050
history projections
solar 2022
0 1,000
2,000
3,000
2010 2020 2030 2040 2050
nuclear
2022
0 1,000
2,000
3,000
2010 2020 2030 2040 2050
natural gas
2022
U.S. electricity generation by select technologies for all cases billion kilowatthours
0 1,000
2,000
3,000
2010 2020 2030 2040 2050
coal 2022
0 1,000
2,000
3,000
2010 2020 2030 2040 2050
wind 2022
Ref
Ref Ref
Ref
Ref
Data source: U.S. Energy Information Administration, Annual Energy Outlook 2023 (AEO2023) Note: Shaded regions represent maximum and minimum values for each projection year across the AEO2023 Reference case and side cases.

Ref=Reference case
AEO2023 Release, RFF
March 16, 2023

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Solar and wind generate a majority of U.S. electricity by 2050 in the Reference and High Uptake cases
14 AEO2023 Release, RFF
March 16, 2023
U.S. net electricity generation by fuel
billion kilowatthours
Data source: U.S. Energy Information Administration, Annual Energy Outlook 2023 (AEO2023) Note: IRA=Inflation Reduction Act
*Includes utility-scale and end-use photovoltaic generation and excludes off-grid photovoltaics. **Includes petroleum, conventional hydroelectric power, geothermal, wood and other biomass, pumped storage, non-biogenic municipal waste in the electric power sector, refinery gas, still gas, batteries, chemicals, hydrogen, pitch, purchased steam, sulfur, and miscellaneous technologies.

No IRA Low Uptake Reference High Uptake
0 1,000
2,000
3,000
4,000
5,000
6,000
2005 2020 2035 2050
solar*
wind
natural
gas
coal
nuclear
other**
2022
history projections
0 1,000
2,000
3,000
4,000
5,000
6,000
2005 2020 2035 2050
2022
history projections
0 1,000
2,000
3,000
4,000
5,000
6,000
2005 2020 2035 2050
2022
history projections
0 1,000
2,000
3,000
4,000
5,000
6,000
2005 2020 2035 2050
2022
history projections

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1 12 24 1 12 241 12 24 Low Zero-Carbon
Technology Cost case, 2050
Reference case, 2022
-100
0 100
200
300
400
1 12 24
Reference case, 2050
More intermittent renewables lead to more curtailment and usage of battery storage
15 Low Oil and Gas
Supply case, 2050
hour of the day
Hourly U.S. electricity generation and load by fuel for selected cases and representative years billion kilowatthours
load, excluding
storage
curtailment
stand-alone storage
pumped storage
hybrid solar PV
stand-alone solar PV
wind
hydroelectric
natural gas
combined-cycle
natural gas and oil
peakers
nuclear
coal
Data source: U.S. Energy Information Administration, Annual Energy Outlook 2023 (AEO2023) Note: Negative generation represents charging of energy storage technologies such as pumped hydro and battery storage. Hourly dispatch estimates are illustrative and are developed to determine curtailment and storage operations; final dispatch estimates are developed separately and may differ from total utilization as this figure shows. Standalone solar photovoltaic (PV) includes both utility-scale and end-use PV electricity generation.

AEO2023 Release, RFF
March 16, 2023

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AEO2023 Highlights
• Energy-related CO2 emissions fall across all AEO2023 cases because of increased electrification, higher equipment efficiencies, and more zero-carbon electricity generation.
• Renewable generating capacity grows in all regions of the United States in all AEO2023 cases, supported by growth in installed battery capacity. • Technological advancements and electrification drive projected decreases in demand- side energy intensity.
• The United States remains a net exporter of petroleum products and of natural gas through 2050 in all AEO2023 cases.
16 AEO2023 Release, RFF
March 16, 2023

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0 5
10 15
20 25
30 35
40 45
50 2000 2005 2010 2015 2020 2025 2030 2035 2040 2045 2050 industrial
transportation
residential
commercial
U.S. energy consumption increases to 2050, and electricity plays an increasingly larger role
Data source: U.S. Energy Information Administration, Annual Energy Outlook 2023 (AEO2023) Note: Total consumption in end-use sectors includes purchased electricity and electricity-related losses. Each line represents AEO2023 Reference case projections. Shaded regions represent maximum and minimum values for each projection year across the AEO2023 Reference case and side cases.
2022
history projections
Total energy consumption by end-use sector
quadrillion British thermal units
AEO2023 Release, RFF
March 16, 2023 17

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Average energy intensity declines through 2050 across all cases AEO2023 Release, RFF
March 16, 2023 18
70 80
90 100
110
2015 2025 2035 2045
2022
history projections
Commercial delivered energy intensity
thousand British thermal units per square foot
High Oil and
Gas Supply
Reference
Low Oil and
Gas Supply
70 80
90 100
110
2020 2030 2040 2050
Residential delivered energy intensity
million British thermal units per household
2022
history projections
Low Economic
Growth-Low ZTC
Reference
Low Oil and Gas
Supply
Data source: U.S. Energy Information Administration, Annual Energy Outlook 2023 (AEO2023) Note: Shaded regions represent maximum and minimum values for each projection year across the AEO2023 Reference case and side cases.

ZTC=Zero-Carbon Technology Cost

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Light-duty vehicle fuel economy and electric vehicle market share increase through 2050 due to rising CAFE Standards and other incentives 19 20
25 30
35 40
45 2010 2020 2030 2040 2050
Light-duty vehicle average fuel economy
miles per gallon
2022
history projections
High Oil
Price
Reference
Low Oil
Price
Data source: U.S. Energy Information Administration, Annual Energy Outlook 2023 (AEO2023) Note: *Includes battery electric and plug-in hybrid electric vehicles. Shaded regions represent maximum and minimum values for each projection year across the AEO2023 Reference case and side cases.
0%
10%
20%
30%
40%
2010 2020 2030 2040 2050
Market share of electric light-duty vehicles*
percentage of sales
2022
history projections
High Oil Price
Reference
Low Oil Price
AEO2023 Release, RFF
March 16, 2023

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IRA incentives speed growth in sales of electric vehicles 20 AEO2023 Release, RFF
March 16, 2023
Data source: U.S. Energy Information Administration, Annual Energy Outlook 2023 (AEO2023) Note: *Includes battery electric and plug-in hybrid electric vehicles. IRA=Inflation Reduction Act 0%
5%
10%
15%
20%
2010 2020 2030 2040 2050
No IRA
Low Uptake
High Uptake
Reference
Market share of electric light-duty vehicles*
percentage
2022
history projections

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AEO2023 Highlights
• Energy-related CO2 emissions fall across all AEO2023 cases because of increased electrification, higher equipment efficiencies, and more zero-carbon electricity generation.
• Renewable generating capacity grows in all regions of the United States in all AEO2023 cases, supported by growth in installed battery capacity. • Technological advancements and electrification drive projected decreases in demand- side energy intensity.
• The United States remains a net exporter of petroleum products and of natural gas through 2050 in all AEO2023 cases.
21 AEO2023 Release, RFF
March 16, 2023

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In all cases, we project that the United States will remain a net exporter of petroleum products through 2050
Data source: U.S. Energy Information Administration, Annual Energy Outlook 2023 (AEO2023) Note: Biofuels are not included in petroleum and other liquids production or consumption. Shaded regions represent maximum and minimum values for each projection year across the AEO2023 Reference case and side cases. ZTC=Zero-Carbon Technology Cost 0 5
10 15
20 25
30 35
2010 2020 2030 2040 2050
Petroleum and other liquids
consumption
million barrels per day
2022
history projections
High Oil
and Gas
Supply
Reference
Low
Growth-
Low ZTC
0 5
10 15
20 25
30 35
2010 2020 2030 2040 2050
Petroleum and other liquids
production
million barrels per day
2022
history projections High Oil
and Gas
Supply
Reference
Low Oil
and Gas
Supply
0 5
10 15
20 25
30 35
2010 2020 2030 2040 2050
Petroleum products net
exports
million barrels per day
High Oil
Price
Reference
Low Oil
Price
2022
history projections
AEO2023 Release, RFF
March 16, 2023 22

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Liquefied natural gas exports drive production; domestic consumption remains stable
23 0
10 20
30 40
50 60
2010 2020 2030 2040 2050
Natural gas consumption
trillion cubic feet
2022
history projections
High
Economic
Growth-
High ZTC
Reference
Low Oil
and Gas
Supply
Data source: U.S. Energy Information Administration, Annual Energy Outlook 2023 (AEO2023) Note: Shaded regions represent maximum and minimum values for each projection year across the AEO2023 Reference case and side cases. ZTC=Zero-Carbon Technology Cost
0 10
20 30
40 50
60 2010 2020 2030 2040 2050
Dry natural gas production
trillion cubic feet
2022
history projections High Oil
and Gas
Supply
Reference
Low Oil
and Gas
Supply
0 10
20 30
40 50
60 2010 2020 2030 2040 2050
High Oil
Price
Reference
Low Oil
Price
2022
history projections
Liquefied natural gas exports
trillion cubic feet
AEO2023 Release, RFF
March 16, 2023

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Upcoming AEO2023 Issues in Focus
• Liquefied Natural Gas (LNG)
Issues in Focus coming next
month
– High LNG Price case
– Low LNG Price case
– Fast Builds + High LNG Price case
24 AEO2023 Release, RFF
March 16, 2023

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25 View the full report at eia.gov/aeo
Contact us at [email protected]
AEO2023 Release, RFF
March 16, 2023

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1 Martin McTaggart
From: Ralph Garcia
Sent: Sunday, March 19, 2023 8:36 AM
To: City Council (San Mateo)
Subject: Proposal to ban gas?
Attachments: AEO2023_Release_Presentation(1).pdf
The proposal to ban new gas appliances is not practical or realistic.  Unfortunately policy makers can’t order technology like dinner. The road to disastrous blackouts begins with those “stated intentions of policymakers.” Across the country, electricity grids are being systematically weakened by the “net zero by 2050” cult (the Energy Information Administra
tion admits they can’t come close to this goal ‐ see pdf attached).  Coal and gas plants are being replaced with unreliable and subsidy‐dependent wind and solar operations. Electrical grids are simultaneously being burdened with extra demand from electric vehicles. Disaster looms.

There is ABSOLUTELY no way the grid can handle an all el ectric society.   This proposal sounds like you are virtue signaling before thinking this through.  Stop this practice!  As adults we need to be realistic and non‐emotional in our decisions, especially when one has a fiduciary duty.  Decisions made by a City Council should not be used to gain popularity with constit
uents who may also not be thinking logically.

My family suffered an electrical blackout this week for 5 days.  With gas we could at least cook and heat water.   That was a blessing.

Please drop this proposal and move on to helping our city solve the problems that are ac tually  solvable.

Thank you.

Ralph Garcia, Jr.

RG2 has sent this message.

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CITY OF SAN MATEO
4 0
0 3

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 20 Section Name: OLD BUSINESS Account Number: 10-1311 File ID: 23-7256 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Manager's Office
MEETING DATE: March 20, 2023
SUBJECT:

Pedestrian Mall Design – Contract Amendment
RECOMMENDATION:

Adopt a Resolution to approve a supplemental budget appropriation of $130,766 from the unassigned fund balance of the General Fund to the Pedestrian Mall Design project to cover the cost of the first and second amendments to the agreement with Community Design + Architecture and the contingency reserve; approve the second amendment to the agreement with Community Design + Architecture to increase the contract amount to a total not to exceed $262,251 for additional design work and engineering support services; establish a contingency reserve of $14,000; and authorize the City Manager to execute the agreement in substantially the form presented and approve amendments within the contingency amount.

BACKGROUND:

The City Council approved the creation of two pedestrian malls on B Street between 1st and 3rd Avenues in October 2021.

In January 2022, the City entered into an agreement for design services with Community Design + Architecture to develop a streetscape design for short-term improvements to the pedestrian malls. The short-term improvements envisioned for the pedestrian mall include permanent barricades, midblock ADA ramps, planters, public seating areas, bike racks and other site furnishings. In addition, the improvements include the creation of ADA spaces and loading zones immediately outside of the pedestrian mall blocks. Longer term, the City hopes to grind down the roadway and make the street flush with the sidewalk within the pedestrian mall blocks.

Preliminary designs for the short-term improvements were shown to the City Council on July 13, 2022. At that meeting, it was determined that the pedestrian malls will include the City’s planned racial equity mural project in the Emergency Vehicle Access (EVA) lane in the center of the streets. The selection of the artist and design for the mural is happening through a parallel process in coordination with the Civic Arts Committee.

Since the July update, the City has determined that the initial design for the street enclosures did not offer sufficient protection for the users of the pedestrian mall and that bollards with a higher level of crash protectiveness would be more appropriate. In addition, since the initial design presentation, staff has observed the challenges that the businesses along the street face in having to temporarily move and replace the barricades from the EVA lane in the center of the street in order to facilitate deliveries of goods to their businesses. As a result, staff has determined that crash-rated automatic retractable bollards are needed for the EVA lane to better facilitate business loading access and to protect the users of the pedestrian mall. The non-EVA portion of the street will be protected by heavy round concrete bollards since it is not possible to install fixed crash-rated bollards due to the concentration of underground utility lines that would be challenging to relocate. The evaluation of bollard options required significant time and resources from the consultant team that were not covered by the hours allotted in the initial scope of work.

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CITY OF SAN MATEO
4 0
0 3
The revised bollard layout requires a much more intensive design effort given the significant number of underground utilities that are located underneath B Street. Community Design + Architecture and their subconsultant team have put together an additional scope of work to cover the construction design of the bollards, including performing ground penetrating radar analysis to precisely locate the position of the utilities, doing the electrical design for automatic bollards, and having a structural engineer analyze the crash protectiveness of the bollards. The contract amendment also includes reimbursing the consultants for some of the additional time spent evaluating the bollard options and potential manufacturers.

In addition, during the initial design phase, the design team determined that new ADA parking stalls need to be provided adjacent to the pedestrian malls to compensate for the stalls removed from the pedestrian mall blocks. The proposed location along 2nd Avenue will require additional curb reconfiguration that was not included in the initial design budget.

And finally, the contract amendment includes some additional design work for recommended traffic signal modifications and loop detection modes to accommodate the pedestrian malls and an allowance for engineering support during the construction of the project.

The design contract was initially amended in June 2022 in order to increase the budget by $20,515 to include additional scope to pothole the street to identify underground utilities. The City Council approved this contract amendment and fee increase, but staff did not bring forward the required request for additional appropriation to cover the cost at that time.

The second amendment to the contract will increase the budget by an additional $96,251. Staff is requesting a contingency allowance of $14,000 in case any other unforeseen design issues arise. An additional appropriation of $130,766 to the Pedestrian Mall Design project is required to cover both the first and second contract amendments and project contingency.

Anticipated Construction Costs
The Capital Improvement Program (CIP) currently includes an allocation of $600,000 to construct the proposed design improvements to the pedestrian malls. The use of automatic retractable bollards for the EVA lane and concrete bollards for the remainder of the block frontage significantly increases the overall project budget. The current rough order of magnitude budget estimate for this project is $1.2 million, which will require an increase to the funding allocation for this project. This total does not include the cost to complete the racial equity art mural, which will be funded from the Art in Public Places fund.

Business Concerns
The intensity of use of the two pedestrian mall blocks has been uneven ever since the streets were initially closed. The restaurants between 2nd and 3rd Avenues have fully embraced the opportunity to use the outdoor space, while there is only limited use of the block between 1st and 2nd Avenue. Some of the hesitancy to use the street relates to the restaurants’ inability to build a parklet platform on the pedestrian malls to address the street slope issues in order to allow the street to be available for public events. Unfortunately, this is an inherent trade-off of the pedestrian mall since it is not possible to host public events only in the EVA lane and platforms are challenging to disassemble and store offsite during events.

The City Council has recently received some public comment from the businesses along the block between 1st and 2nd Avenue requesting that that block be re-opened given the low intensity of use. City Council direction is requested on whether staff should bring back to City Council consideration of reopening that block prior to moving forward with the construction of the pedestrian mall improvements.

BUDGET IMPACT:

The second contract amendment increases the total cost of the design contract by $96,251 and establishes a contingency reserve of $14,000. The prior contract amendment increased the contract amount by $20,515. A supplemental budget appropriation of $130,766 from the unassigned fund balance from the General Fund to the Pedestrian Mall Design project within the Capital Improvement Program (Project 465167) is required this fiscal year to cover this increase.

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CITY OF SAN MATEO
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0 3
ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Second Amendment to Agreement
Att 3 – Public Comment

STAFF CONTACT
Kathy Kleinbaum, Assistant City Manager
[email protected]
(650) 522-7153

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THE FOLLOWING PUBLIC

COMMENTS WERE SUBMITTED

FOLLOWING THE PUBLICATION

OF THE AGENDA PACKET

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1 Martin McTaggart
From: Kathy Kleinbaum
Sent: Monday, March 20, 2023 10:31 AM
To: Patrice Olds; Martin McTaggart
Subject: Fwd: Thought about B street for meeting next Monday

Public comment for Ped Mall item
Get Outlook for iOS
From: Jennifer Chen <[email protected]>
Sent: Monday, March 20, 2023 10:29 AM
To: Kathy Kleinbaum <[email protected]>
Subject: FW: Thought about B street for meeting next Monday

Kathy –

They own the vacant store on the corner of 2
nd and BSt.

Regards,
Jennifer

From: Jesse D
Sent: Monday, March 20, 2023 9:28 AM
To: Jennifer Chen <[email protected]>
Subject: Thought about B street for meeting next Monday

Jennifer,

I will not be able to attend the meeting but have some thoughts to share with you.

I think that the current use of B Street is a bad compromise for use of space and there are some bet ter models
available.  The current compromise is unesthetic and doesn't allow for proper use of the space because they may need to pull up installations for street fairs. The restaurants that use the pace most of the time should have the ability to hav e better setups and I don't believe the streets need to be closed at all times.

San-Francisco-Parklet-Manual.pdf
To help protect your privacy,
M icr os of t Of f i ce pre ve nt e d auto matic downlo ad o f this picture from the Internet.

San Francisco has several retail neighborhoods like Hayes Valley and Valencia Street that have temporary bollards and street closures for weekends and certain weeknights. This paired with the revised parklet program that has parameters for nice temporary structures that allow easy removal for emergency systems and street and sidewalk service seems to be a be tter fit than the ugly, slanted situation we have shoehorned in here. This would also allow for revenue to be collected from the parties using the city parking spaces for profit and allow street access in the mornings.

Thanks for your time and attention.

237 of 314

2 Jesse DeSantis,
Partner,
San Mateo Lock Works Inc.

238 of 314

1 Martin McTaggart
From: Jennifer Chen
Sent: Monday, March 20, 2023 3:44 PM
To: Patrice Olds; Martin McTaggart
Subject: Public Comment for Item 20 on tonight's city council agenda

From: Jesse D
Sent: Monday, March 20, 2023 9:28 AM
To: Jennifer Chen <[email protected]>
Subject: Thought about B street for meeting next Monday

Jennifer,

I will not be able to attend the meeting but have some thoughts to share with you.

I think that the current use of B Street is a bad compromise for use of space and there are some bet ter models
available.  The current compromise is unesthetic and doesn't allow for proper use of the space because they may need to pull up installations for street fairs. The restaurants that use the pace most of the time should have the ability to hav e better setups and I don't believe the streets need to be closed at all times.

San-Francisco-Parklet-Manual.pdf

San Francisco has several retail neighborhoods like Hayes Valley and Valencia Street that have temporary bollards and street closures for weekends and certain weeknights. This paired with the revised parklet program that has parameters for nice temporary structures that allow easy removal for emergency systems and street and sidewalk service seems to be a be
tter fit than the ugly, slanted situation we have shoehorned in here. This would also allow for revenue to be collected from the parties using the city parking spaces for profit and allow street access in the mornings.

Thanks for your time and attention.

Jesse DeSantis,
Partner,
San Mateo Lo
ck Works Inc.

239 of 314

1 Martin McTaggart
From: Kathy Kleinbaum
Sent: Thursday, March 16, 2023 4:03 PM
To: Patrice Olds
Cc: Martin McTaggart
Subject: FW: March 20th City Council Comments
Public comment on the Ped Mall item for March 20th.

From: Timothy Lu
Sent: Thursday, March 16, 2023 1:08 PM
To: Jennifer Chen <[email protected]>
Subject: March 20th City Council Comments

Hi Jennifer,

This is Timothy with Kajiken on 112 S B ST. Thank you for your help in getting us opened early this year.

I wanted to email you my comments and thoughts for this coming March 20th city council meeting about the status of our pedes
trian street

I believe there is great opportunity to transform this street into a fun hang out spot for friends and families. Hillsdale Mall recently opened their outdoor plaza with great success and I believe this street can do the same. I think of it like a smaller "Santana Row" bu t for families. I'd love to see family and friends relax with a cup of coffee from Philz, boba from Urban Ritual & YiFang, soft serve from Somi Somi, and noodles from Kajiken. This is a good chance to further strengthen the community and have a safe place to spend leisur e time with great food and drinks.

Best,
Tim

To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

Timothy Lu

KAJIKEN USA

240 of 314

CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)
SUPPLEMENTAL BUDGET APPROPRIATION OF $130,766 OF UNASSIGNED FUND BALANCE FROM THE GENERAL FUND TO INCREASE THE BUDGET FOR THE PEDESTRIAN MALL STREETSCAPE DESIGN PROJECT (PROJECT NO. 465167)
WHEREAS, the City entered into an Agreement for design professional services with Community Design + Architecture for the Pedestrian Mall Streetscape Design on January 5, 2022; and WHEREAS, the City amended the contract with the Consultant on June 8, 2022 and again on March 7, 2022 to expand the scope of services; and
WHEREAS, an appropriation of $130,766 of unassigned fund balance from the General Fund to the Pedestrian Mall Streetscape project budget is necessary to cover the additional cost of the contract amendments and contingency allowance; and
WHEREAS, the supplemental budget appropriation is not a project of CEQA because it is an organizational or administrative activity that will not impact the environment (CEQA Guidelines Section 15378(b)(5).

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

1. The supplemental budget appropriation of $130,766 of unassigned fund balance from the General Fund to Pedestrian Mall Streetscape Design Capital Improvement Program project (465167) is approved.

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1 AMENDMENT NO. 2 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
COMMUNITY DESIGN + ARCHITECTURE

FOR DESIGN PROFESSIONAL SERVICES

FOR PEDESTRIAN MALL STREETSCAPE DESIGN
WH
EREAS, the CITY OF SAN MATEO (“City”), a municipal corporation of the State of California, and COMMUNITY DESIGN + ARCHITECTURE (“Consultant”), entered into an Agreement for design professional services (“Agreement”) on January 5, 2022; and
WH
EREAS, the City amended the contract with the Consultant on June 8, 2022 to expand the scope of services to include utility potholing and extend the contract completion date; and
W
HEREAS, the City wishes to further expand the scope of services in Exhibit A to include the research and conceptual design for crash-rated bollard options, completion of utility location ground penetrating radar analysis, design for additional ADA parking spaces adjacent to the pedestrian mall, traffic signal enhancements, and engineering support services during construction;
WH
EREAS, the City wishes to increase the agreed upon Fee Rate to include the cost of the additional scope of services as outlined in Exhibit B of this Amendment to provide compensation for this additional scope; and
W
HEREAS, the City wishes to extend the term of the agreement to allow for the additional scope of work to be integrated into the project design.

NOW
, THEREFORE, the parties agree as follows:

1. T
he Scope of Services of the Agreement is amended to include the Additional Scope of Services as attached as Exhibit A to this Amendment.

2. S
ection 4 of the Agreement is amended to change the completion date of the Agreement to December 31, 2023.

3. S
ection 5 of the Agreement is amended to increase the fee to an amount not to exceed $262,251 to incorporate the fee for the Additional Scope of Services as attached to Exhibit B of this Amendment; and to establish a contingency reserve in the amount of $14,000 for any further required contract amendments.

4. T
he remaining terms of the Agreement, included as Exhibit C to this Amendment, remain in full force and effect.

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2 C

ITY OF SAN MATEO CONSULTANT
__
____________________________ ___________________________________ Drew Corbett Community Design + Architecture
City Manager Philip Erickson, President
D
ate: ____________________ Date: ____________________
AP

PROVED AS TO FORM
__
____________________________ Date: ____________________ Mazarin Vakharia
Assistant City Attorney

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B STREET PEDESTRIAN MALL STREETSCAPE DESIGN – AMENDMENT #2 REVISED CD+A TEAM – MARCH 1, 2023 1
Basic Scope of Services – Amendment #2 REVISED
Task 1 Project Management and Meetings
Task 1.1 Ongoing Project Management
CD+A will provide ongoing team and team/city project management. This would include staff and/or team phone calls/meetings outside of the project team meetings under Task 2.1 and correspondence to maintain communication during the project. Status reports will accompany monthly invoicing and will describe the work done in the previous month.

Task 2.1 Project Team Meetings
The CD+A team will meet with city staff at focused team/city meetings to discuss project items. CD+A or other team member as appropriate will prepare meeting agendas and summary notes, action items, and schedule. Meetings are assumed to be virtual. Included in this scope of work is an allowance for up to the number of hours for meetings summary notes, and other coordination as shown under Deliverables. Based on previous meetings, we anticipate one hour per meeting.

Deliverables
• Scope assumes an hourly allowance for up to twelve hours for one representative from CD+A, and eight hours each for one representative from Wilsey Ham and Fehr & Peers for meetings, summary notes, and coordination.

Task 2 ADA Parking Stall and Ramp Design
Task 2.1 ADA Stalls on 2nd Ave at B St
Task 2.1.1 Perform Topographic Survey
Wilsey Ham has performed a site visit to review the proposed ADA parking stall locations that were originally put forth by the City. We understand from conversations with the City that the two ADA parking stalls ideally will be located adjacent to one another with immediate access to the center of the pedestrian mall and cannot be located in the parking structure. Based on this understanding as well as our site assessment of the existing design constraints (such as cross slopes, drainage structures, surface features, etc.), we believe the ADA stalls can be located on westbound 2nd Avenue immediate to the northeastern B Street & 2nd Ave curb return.

Wilsey Ham will perform topographic field survey of this area to identify pavement, gutter lip, flowline, top of curb, back of walk elevations, as well as exterior finished floors at doorway thresholds and pertinent site features. The survey will be based on temporary local control. We will add the topographic information to the base mapping that has already been prepared for this project.

As part of the site survey Wilsey Ham will determine the curb height at the proposed locations of the mid-block temporary ramps. We understand that the ramp locations will be provided by CD+A. Wilsey Ham will manually determine the curb heights by means of measure-downs.

Deliverables
• Updated base mapping that includes topographic survey data in digital format (CAD and PDF).

Task 2.1.2 Prepare ADA Parking Stall and Ramp Design
Wilsey Ham will use the topographic survey information to prepare a striping layout and grading designs for the two ADA stalls, passenger loading zone, curb ramp, and sidewalk conforms. The ADA stalls, passenger loading zone, and curb ramp will be graded to meet current California Building Code (CBC) and Caltrans design standards. The layout and grading information will be provided in a Paving, Striping, and Signage Plan and a Grading and Drainage Plan, which will be shown on a single sheet. This sheet will be slipped into the 95% and 100% design plan sets. Specifications and cost estimate for ADA parking stall and related improvements will also be included as part of Wilsey Ham’s 95% and 100% PS&E effort and deliverables.

Exhibit A

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Deliverables
• Paving, Striping, and Signage/Grading and Drainage Plan in digital format (CAD and PDF). • 95% and 100% specifications will be provided in digital format (Word). • 95% and 100% cost estimate will be provided in digital format (Excel).

Task 3 Bollard / Barrier and Footing Design
Task 3.1 Utility Location GPR
Wilsey Ham will engage a utility location consultant to perform ground penetrating radar (GPR) in the area of the proposed bollard/barrier installations at the 1st, 2nd, and 3rd Avenue intersections. The limit of the GPR work will extend beyond the proposed locations of the bollards; this information will be helpful should existing utilities need to be relocated for the bollard installation. The locator will mark the utilities using temporary paint marks with industry-standard colors. The locator will also provide the approximate utility depths that can be determined by means of the GPR. The utility location consultant will perform their work during the early morning hours (4am to 8am) so that the intersection work can be completed prior to commute hours. They assume that traffic control will not be necessary for work during the early morning hours. The work in the intersections will be performed with a two-person crew – one locator and one spotter.

Deliverables
• Utility locator’s field report of the approximate underground utility locations and depths in digital format (PDF).

Task 3.2 Topographic Field Survey of GPR Paint Marks
Wilsey Ham will perform topographic field survey of the paint marks. The survey will be based on temporary local control.

The survey information will be added to the base mapping that has already been prepared for this project. We assume that traffic control will be necessary for the survey work in the intersections.

Deliverables
• Updated base mapping that includes the topographic survey of the utility paint marks in digital format (CAD and PDF).

Task 3.3 Prepare Structural Design for Bollard / Barrier Footings Task 3.3 Prepare Bollard Level-of-Crash Rating Analysis and Subdrain Recommendations
We understand that several bollard type options are being proposed for the project, including but not limited to automatic retractable bollards and architectural non-retractable concrete bollards. Per discussions with the design team, the architectural non-retractable concrete bollards will be a prefabricated spherical element with their own integrated base and will sit directly on pavement with no direct attachment and no foundation. They are not crash rated. Wilsey Ham will engage structural engineering subconsultant KPW to provide an engineering analysis to develop an understanding of the level of vehicular crash protection the prefabricated concrete bollard may offer.

KPW’s deliverable will consist of a memo stating their findings. KPW has not included response to plan check comments or construction administration in their scope since they are not responsible for the bollard design; if this scope is requested, KPW can prepare a proposal for this effort.

Wilsey Ham will provide recommendations for the retractable bollard subdrain system, if the manufacturer recommends that a subdrain system be included. The footing dimensions for the automatic retractable bollards have not yet been designed and may be deeper than the local storm drain system. There are also a number of utilities of unknown depth between the proposed footing locations and storm drain. Wilsey Ham will base its recommendations, including a potential recommendation to not install a subdrain system due to the design constraints, on typical and known utility depths as well as groundwater depth information provided by the City and informed by potholing previously performed for the project.

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Wilsey Ham will include the automatic retractable bollard footing detail in their plan set. This detail will be designed by the manufacturer and will be included in the set to provide a biddable item for the Contractor. Wilsey Ham will state on our plan the City’s stated design criteria and required crash rating that the bollard should meet, and include notes that direct the Contractor to coordinate with the manufacturer for stamped shop drawings for the entire automatic retractable bollard system and project design. The Contractor will be responsible for any changes to the detail, automatic retractable bollard system, and project design to accommodate the site conditions. Wilsey Ham will not be responsible for the review of the bollard detail or shop drawings, nor be liable for any issues related to the bollards. CD+A will coordinate with the design team on the bollards and coordinate with the automatic retractable bollard manufacturer to have the manufacturer review team plans prior to completion of the bid set drawings. Deliverables • Architectural concrete bollard level of crash rating analysis memo. • Subdrain recommendation to be added to plan on an as-needed basis if feasible. • ASTM or reference materials purchased by KPW in order to prepare the foundation design. Task 3.4 Intersection Bollard / Barrier Research, Coordination, and Design CD+A has researched and prepared a prioritization and product findings matrix for a range of bollards, gates, and other barriers, including automatic and crash rated bollards, gates, and barriers that were not included under the original scope and budget. While CD+A strived to be efficient in this effort and tried to cover these costs under the current contract, this was not possible and additional budget is needed to cover a portion of this effort. CD+A has researched and prepared a second product matrix of the three shortlisted barrier types selected by the city (light weight removable bollards, automatic retractable bollards, and double swing gates) to aid the city in selection of the final preferred treatment(s). CD+A coordinated with the city and team members on product findings, including footing needs, anticipated structural engineering review needs, and potential power/automatic needs. Research included obtaining product data sheets, product and footing details, and approximate material costs, as available. This effort included conceptual layout of the barrier treatments and their footings on a base and utility map provided by Wilsey Ham to see if potential utility conflicts may occur. CD+A coordinated with Wilsey Ham to learn if the potential utility conflicts can be resolved by utility relocation or other measures, or if the barrier treatments would be precluded from use. With the selection by the city of automatic retractable bollards flanked by architectural concrete bollards to be used for the project, CD+A will coordinate with the city and automatic retractable bollard manufacturer to finalize the details of the barrier system such as method to enter and exit through the barrier and placement of the power unit cabinets, and with Fehr & Peers and Wilsey Ham on issues such as power for the system and coordinate siting. CD+A will coordinate with the bollard manufacturer to obtain project specific specifications for the automatic retractable bollard system and cost estimate. Budget reflects the additional effort related to identifying the automation and crash resistance of the retractable bollard system. Wilsey Ham will provide recommendations regarding how the automatic retractable bollard footings and restorative pavement materials are to be installed so that existing utilities and utility trenches are not impacted, positive drainage to existing storm drain facilities is maintained, and pavement restoration work meets City requirements. We understand that the architectural bollards may need to be placed on a fairly flat surface; the existing cross slopes at the proposed bollard locations may exceed the recommended slopes. Wilsey Ham will perform a site visit to evaluate the existing slopes within the crosswalk areas where the bollards will be located (this area was not included in our previous site analysis). We will review the slopes and provide a rough grading schematic identifying the approximate proposed slopes and conform pavement areas. This analysis will not be based on topographic survey.

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This information will be shown on plan; no additional specifications will be provided. Wilsey Ham has assumed 18 hours basis for this effort; if additional hours are necessary, additional funds will be required. Deliverables • 95% and 100% specifications will be provided in digital format (Word). • 95% and 100% cost estimate will be provided in digital format (Excel). • Bollard and barrier prioritization matrix. • Bollard and barrier product matrix, up to two – one for initial effort and one for short-listed options. • Concept plans of bollard and barrier options laid out in relation to existing utilities; up to 5 plans (CAD and PDF) • Bollard footing and restorative pavement material installation direction will be included on the Improvement Plans (to be provided in CAD and PDF). Task 4 Electrical Systems Assessment & Design Based on discussions with the City and CD+A team, it was identified that the Project seeks to include an automatic retractable bollard system to protect the pedestrian mall. Task 4.1 Show Automatic System Connections on Signal/Electrical Plans Fehr & Peers will prepare plans that show the location and configuration of the proposed automatic system and necessary connections to the electrical grid per manufacturer’s specifications and recommendations. Our plans will show the installation details for these systems at the following locations: • B Street/1st Avenue intersection – electrical power to automatic retractable bollard system at south leg • B Street/2nd Avenue intersection – electrical power to automatic retractable bollard system at both north and south legs • B Street/3rd Avenue intersection – electrical power to automatic retractable bollard system at north leg The installation details of the system and necessary electrical connections will be shown on the signal plans described as part of Task 5.2 work. Fehr & Peers will review the recommended power supply requirements from the automatic system designer/supplier and determine if the existing traffic signal power connections at the B Street/1st Avenue, B Street/2nd Avenue, and B Street/3rd Avenue traffic signal service points can accommodate this new load. . If the power requirements require new or modified electrical service equipment, Fehr & Peers will include that in the design and account for this in Tasks 4.1 and 4.2 work. It is assumed that the system designer/supplier will provide project design plans and details, technical specifications, and estimate of probable cost to be included in the construction documents. Task 4.2 PG&E Applications and Coordination Fehr & Peers will prepare and submit PG&E applications for modifications to service for the three signalized intersections anticipated to provide electrical service to the security systems. Once PG&E has approved the proposed service locations and details, we assume the City will take over coordination with PG&E to amend their service contract accordingly. Deliverables • PS&E Application(s) for Modified Service (3 applications) Task 5 Traffic Signal Phasing Assessment and Design Based on discussions with the City and CD+A team, it was identified that Fehr & Peers investigate additional traffic signal timing, phasing, and operational modifications to the three signalized intersections adjacent to the pedestrian mall, and inclusion of necessary traffic signal infrastructure to accommodate these safety-related signal modifications.

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Fehr & Peers will investigate and prepare design plans for the traffic signal modification at the following locations:
• B Street/1st Avenue intersection – detection at south leg • B Street/2nd Avenue intersection – detection at both north and south legs • B Street/3rd Avenue intersection – detection at north leg Task 5.1 Signal Phasing Assessment
Fehr & Peers will prepare a short memorandum describing the feasibility of modifying the traffic signal phasing at the three signalized intersections to provide additional pedestrian safety considerations. Informed by recent City input received on November 14, 2022, Fehr & Peers will review opportunities for exclusive pedestrian crossing phases, which could include a protected (exclusive) turn phases for motorized traffic, and other signal phasing elements that have documented benefits to pedestrian safety, access, and circulation.

Our initial memorandum will document the opportunities, trade-offs, and rough order of magnitude costs (design and capital) for signal phasing options. We will provide our draft recommendations informed by the project priorities of pedestrian crossing safety and cost-effectiveness. We have included one revision to the memorandum as a result of consolidated comments from the City. The revised (final) memorandum will include specific signal operational features for each signalized intersection that will inform the additional signal design effort in Task 5.2.

Task 5.2 Additional Signal Design (PS&E)
Once the preferred signal phasing elements have been identified (Task 5.1 Final Memo), Fehr & Peers will revise the proposed traffic signal plans to show the traffic signal system infrastructure modifications.

We will prepare signal specifications for the proposed design, as well as an engineer’s estimate for the signal modifications.

We have included two submittals of these design documents as part of this task. Once we have received a set of consolidated comments on our combined signal and electrical plans, we will meet with the City and CD+A design team if needed to clarify comments, and revise the plans, specifications, and estimates accordingly.

Included in the level of effort for this task is a mark-up of the traffic signal timing sheets to accommodate the phasing changes necessary to operate the changes to the signal phasing.

Deliverables
• Traffic Signal Phasing Assessment Memorandum, inclusive of mark ups of traffic signal timing sheets (Draft and Signal Design Plans, Specifications, and Estimate (95% and final) Task 6 Engineering Services During Construction
Task 6.1 Engineering Services During Construction
The team will provide bid support and construction administration engineering support services during construction to the city as requested, up to the number of hours allocated in the project budget. Engineering services during construction tasks may include responding to bidder questions, review of submittals, and respond to “Request for Information” (RFIs) from the contractor during construction.

Deliverables
• Various; is based upon specific requested task.

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Assumptions
• We assume that the ADA improvement plan will direct the Contractor to replace the pavement section to match the existing. No investigation of the existing pavement section is included in Wilsey Ham’s scope. • Utility relocation design is not included in this proposal. If necessary, utility relocation design will either be performed by Wilsey Ham as a separate contract outside of this project scope or performed by others. • The team can transfer fee between tasks and staff, but the Grand Total fee will not be exceeded without prior approval from the City of San Mateo.
• KPW assumes that only one type of prefabricated bollard will be analyzed. • KPW assumes that the crash rating analysis will be based on ASTM criteria and will assume a 2,430 lb small passenger vehicle car with a P1 penetration rating of 3.3 feet or less. With these assumptions an equivalent speed will be determined. The input criteria will be confirmed with the City prior to beginning analysis. KPW assumes that the cost of any reference materials purchased to perform their analysis can be passed directly on to the City. • KPW has not included plan check comment response or construction administration services in its scope of services. • The manufacturer of the retractable and standard bollards and footings will be responsible for their design. The Contractor will be responsible to coordinate with the manufacturer to acquire CA engineer stamped shop drawings and for any additional materials and coordination to update the shop drawings to meet the site conditions and City’s approval. Wilsey Ham will include the bollard details in our plan set for bidding purposes, but will not review or approve the bollards, nor be liable for any issues related to the bollards. • Conform grading around the proposed bollards or barriers is excluded from Wilsey Ham’s scope. • We assume that any City-required permits will be “no fee” permits. If fees are necessary, additional funds will be required.
• We assume that the bollards will be designed by others. • EVA barrier type will be automatic retractable bollard and will be used across all of the EVAs. • Barrier type between EVA and curb will be some version of an architectural concrete bollard and will be used across all of the non-EVA areas.
• It is assumed that the automatic retractable bollard system manufacturer and their engineer will provide project-specific design plans and details, technical specifications and estimate of probable cost to be included “as is” in the construction documents and that these will be provided free of charge to the design team and city.
• We assume that the City will allow utility location GPR to be performed during early morning hours and that traffic control won’t be necessary to perform this work. If traffic control is necessary, additional fees will be required. •
Our traffic signal timing support does not include development of preemption timing calculations, coordination with Caltrain or CPUC, or any other effort that may be necessary for the city to secure approval from other agencies for timing and phasing changes. If signal timing and phasing changes trigger additional effort to support Caltrain, CPUC, or other agency efforts, we can support that effort as a result of a contract amendment.

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`
Tasks Team Labor
Total
Expenses
Team
Budget
Phil Erickson, Principal
Connie Goldade,
Associate Principal
Project Urban
Designer
Urban Designer Labor Subtotal
CD+A
Budget
F
P
S
c
o
p
i
n
Principal ENGR./SRVR.

Supervising ENG/SURV
Engineer II
Senior Survey Tech
Senior Designer
2 Person Survey Crew
Labor
Subtotal Exp.

WH
Budget
Geoff Rubendall,
Senior Associate
Mike Johnstone,
Senior Engineering
Technician
Nina Price, Project
Engineer
Labor
Subtotal
FP
Budget
$240 $190 $135 $115 $275 $247 $197 $183 $173 $284 $270 $220 $150 Task 1 – Project Management and Meetings 7,936$ -$ 7,936$ 0 20 0 0 3,800$ 3,800$ 0 8 0 0 0 0 1,976$ -$ 1,976$ 8 0 0 2,160$ 2,160$

1.1 On-going Project Management 1,520$ -$ 1,520$ 8 1,520$ 1,520$ -$ -$ -$ -$ -$

1.2 Project Team Meetings 6,416$ -$ 6,416$ 12 2,280$ 2,280$ 8 1,976$ -$ 1,976$ 8 2,160$ 2,160$ Task 2 – ADA Parking Stall Design 13,977$ -$ 13,977$ 1 4 0 0 1,000$ 1,000$ 1 7 24 2 11 14 12,977$ -$ 12,977$ 0 0 0 -$ -$

2.1 ADA Stalls on 2nd Ave at B St 13,977$ -$ 13,977$ 1 4 0 0 1,000$ 1,000$ 1 7 24 2 11 14 12,977$ -$ 12,977$ 0 0 0 -$ -$

2.1.1 Perform topographic survey 6,469$ -$ 6,469$ -$ -$ 1 1 2 2 7 14 6,469$ -$ 6,469$ -$ -$

2.2.1 Prepare ADA parking stall and ramp design 7,508$ -$ 7,508$ 1 4 1,000$ 1,000$ 6 22 4 6,508$ -$ 6,508$ -$ -$ Task 3 – Bollard / Barrier and Footing Design 29,417$ 11,880$ 41,297$ 5 44 16 40 16,320$ 16,320$ 0 6 19 2 14 16 12,557$ 11,880$ 24,437$ 2 0 0 540$ 540$

3.1 Utility Location GPR 684$ 5,500$ 6,184$ 1 190$ 190$ 2 494$ 5,500$ 5,994$ -$ -$

3.2 Topographic field survey of GPR paint marks 6,491$ 2,200$ 8,691$ -$ -$ 1 2 8 16 6,491$ 2,200$ 8,691$ -$ -$

3.3 Prepare bollard level of crash rating analysis & subdrain recommendations 2,832$ 4,180$ 7,012$ 1 3 810$ 810$ 2 6 2 2,022$ 4,180$ 6,202$ -$ -$

3.4 Bollard / barrier research, coordination, and design 19,410$ -$ 19,410$ 4 40 16 40 15,320$ 15,320$ 2 12 4 3,550$ -$ 3,550$ 2 540$ 540$ Task 4 – Electrical Systems Assessment & Design 9,090$ -$ 9,090$ 0 2 0 2 610$ 610$ 0 0 0 0 0 0 -$ -$ -$ 14 5 24 8,480$ 8,480$

4.1 Show Automatic System Connections on Signal/Electrical Plans
2,570$ -$ 2,570$ 2 2 610$ 610$ -$ -$ -$ 2 1 8 1,960$ 1,960$

4.2 PG&E Applications and Coordination 6,520$ -$ 6,520$ -$ -$ -$ -$ -$ 12 4 16 6,520$ 6,520$ Task 5 – Traffic Signal Phasing Assessment & Design 11,790$ -$ 11,790$ 0 3 0 0 570$ 570$ 0 0 0 0 0 0 -$ -$ -$ 12 9 40 11,220$ 11,220$

5.1 Signal Phasing Assessment 3,890$ -$ 3,890$ 1 190$ 190$ -$ -$ -$ 4 1 16 3,700$ 3,700$

5.2 Additional Signal Design (PS&E) 7,900$ -$ 7,900$ 2 380$ 380$ -$ -$ -$ 8 8 24 7,520$ 7,520$ Task 6 – Engineering Services During Construction 12,161$ -$ 12,161$ 2 12 0 10 3,910$ 3,910$ 1 4 8 0 4 0 3,531$ -$ 3,531$ 12 4 4 4,720$ 4,720$

6.1 Engineering Services During Construction 12,161$ -$ 12,161$ 2 12 10 3,910$ 3,910$ 1 4 8 4 3,531$ -$ 3,531$ 12 4 4 4,720$ 4,720$ TOTAL BASE TASKS 84,371$ 11,880$ 96,251$ 8 85 16 52 26,210$ 26,210$ 2 25 51 4 29 30 31,041$ 11,880$ 42,921$ 48 18 68 27,120$ 27,120$ CONTINGENCY – 15% 12,656$ 1,782$ 14,438$
TOTAL BASE TASKS + CONTINGENCY 97,027$ 13,662$ 110,689$

1. The amounts may vary between tasks and individuals but the Grand Total amount will not be exceeded without approval of the Client.

2. Team Budget includes subconsultants and reimbursable costs.

3. All positions may not be shown. If a position is not shown the Charge Rate Fee Schedule will govern.

Notes:

San Mateo Pedestrian Mall Streetscape Design – Amendment #2 Budget REVISED Total Team Budget Community Design + Architecture (CD+A) Wilsey Ham (WH) Fehr & Peers (FP) Exhibit B

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1 AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
COMMUNITY DESIGN + ARCHITECTURE

FOR DESIGN PROFESSIONAL SERVICES

FOR PEDESTRIAN MALL STREETSCAPE DESIGN
WH
EREAS, the CITY OF SAN MATEO (“City”), a municipal corporation of the State of California, and COMMUNITY DESIGN + ARCHITECTURE (“Consultant”), entered into an Agreement for design professional services (“Agreement”) on January 5, 2022; and
W
HEREAS, the original scope of services contemplated the development of design and construction drawings for the short-term improvements to the pedestrian malls; and
W
HEREAS, the City wishes to expand the scope of services to include the additional proposed services in Exhibit A of this Amendment to evaluate utility locations and the cost to potentially reconstruct the roadway for future capital improvements; and WH
EREAS, the City wishes to increase the agreed upon Fee Rate to include the cost of the additional scope of services as outlined in Exhibit B of this Amendment to provide compensation for this service; and
W
HEREAS, the City wishes to extend the term of the agreement to allow for the additional scope of work to be integrated into the project design.

NOW
, THEREFORE, the parties agree as follows:

1. T
he Scope of Services of the Agreement is amended to include the Additional Scope of Services as attached as Exhibit A to this Amendment.

2. S
ection 4 of the Agreement is amended to change the completion date of the Agreement to March 31, 2023.

3. S
ection 5 of the Agreement is amended to increase the fee to an amount not to exceed $166,000 to incorporate the fee for the Additional Scope of Services as attached to Exhibit B of this Amendment.

4. T
he remaining terms of the Agreement, included as Exhibit C to this Amendment, remain in full force and effect.

DocuSign Envelope ID: 52742B8E-7A64-43BC-859B-E1FB3DC354D2 Exhibit C

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2 CITY OF SAN MATEO CONSULTANT

______________________________ ___________________________________ Drew Corbett Community Design + Architecture
City Manager Philip Erickson, President

Date: ____________________ Date: ____________________ DocuSign Envelope ID: 52742B8E-7A64-43BC-859B-E1FB3DC354D2 6/8/2022
6/8/2022

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B STREET PEDESTRIAN MALL STREETSCAPE DESIGN – ADDITIONAL DESIGN SERVICES – UTILITY

LOCATION AND ROADWAY RECONSTRUCTION ANALYSIS SCOPE AND BUDGET CD+A TEAM – MAY 23, 2022 1
Exhibit A - Additional Scope of Services
Task 1 Utility Location
Task 1.1 Perform Utility Potholing (6 potholes)
Wilsey Ham will engage a utility locating consultant to perform potholing services of underground utilities within the project area. We have included 6 potholes in our scope. We will focus the potholing effort on utilities that we anticipate are the most shallow, including water services, gas services, and street light conduit, since the shallower utilities will have the most impact on the design. The potholing contractor will measure the existing pavement sections observed during potholing.

Based on information provided by the City from a recent street light conduit installation project on B Street we understand that the existing pavement section is approximately 2 inches of asphalt over 6 inches of concrete. The potholing consultant’s minimum excavated depth shall be to the top of the desired utility, which we assume is below the existing asphalt and concrete pavement section. Thus, we assume it will be possible for the potholing consultant to determine the existing pavement section at the location of each pothole. If the desired utility is not located within 5 feet of existing pavement grade, then the consultant will stop digging and identify the pothole as a “dry hole”.

We understand that there is likely a historic streetcar spur track below the pavement surface. The City is not aware of the exact location of the spur track. For the purpose of the project design, we will assume that the spur track is located immediately below the existing asphalt and concrete pavement section.

We understand that the City has requested that the potholing be performed as cost efficiently as possible. With consideration to this request, we have not included horizontal utility location by means of ground penetrating radar in our scope. Instead, we anticipate that the utility potholing consultant will call in a USA utility location request and locate their potholes based on the USA paint marks. Traffic control is not included in this proposal since the area of work is located within areas where vehicular traffic is restricted. In our experience the utility potholing consultant’s schedule varies significantly based on their workload. That stated, we anticipate that the consultant will be able to perform the potholing scope within three (3) weeks of being authorized if the City expedites the encroachment permit approval.

Deliverables
• Pothole data sheets in digital format (PDF).

Task 1.2 Perform Dips of Storm Drain and Sanitary Sewer Structures Wilsey Ham’s survey crew will perform measure down dips of existing storm drain and sanitary sewer facilities within the project area in order to determine the approximate pipe diameters, invert depths, and cover for the piping between these structures. We estimate that ten (10) storm drain and sanitary sewer structures will need to be dipped.

Deliverables
• Storm drain and sanitary sewer dip sheets in digital format (PDF).

Task 1.3 Update Base Maps with Pothole and Dip Information Wilsey Ham will add the pothole and dip data to the base maps that we prepared for the project as part of the base scope.

Deliverables
• Updated base maps in digital format (CAD and PDF).

Task 2 Limited Roadway Reconstruction Analysis
Task 2.1 Evaluate Pothole Data and Impact on Reconstruction Design Wilsey Ham will evaluate the potholing and dip data to identify which utilities will be impacted by the proposed lowering of the roadway crown elevation. We will coordinate this analysis with our understanding of the typical utility cover requirements. We will identify utilities that may need to be relocated to deeper below the roadway pavement surface after it is reconstructed as well as utilities that may only need denser backfill and/or concrete caps.

DocuSign Envelope ID: 52742B8E-7A64-43BC-859B-E1FB3DC354D2

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B STREET PEDESTRIAN MALL STREETSCAPE DESIGN – ADDITIONAL DESIGN SERVICES – UTILITY LOCATION AND ROADWAY RECONSTRUCTION ANALYSIS SCOPE AND BUDGET CD+A TEAM – MAY 23, 2022 2
Deliverables • Utilities that may require relocation or concrete caps will be called out on the project plan, which will be provided in digital format (CAD and PDF). Task 2.2 Perform Roadway Reconstruction Analysis and Cost Estimate WH will review two alternatives of the reconstruction of the roadway along B Street from 1st Ave through 3rd Ave. The first alternative maintains a six-inch curb along the roadway and requires a deeper pavement reconstruction section. The second alternative raises the roadway to sidewalk elevation with the use of a retaining curb and grates between the tops of curbs and over the gutter pans. We assume the finish pavements for both alternatives will need to meet ADA slope requirements; Wilsey Ham will include plan notes that direct the contractor to maintain maximum allowable slopes. Wilsey Ham will review the existing roadway cross slopes and prepare rough estimates of the pavement reconstruction section required to install the two alternative pavement sections. Wilsey Ham will assume cross slopes in the B Street/2nd Ave intersection based on existing cross slopes on the adjacent blocks. As part of the grading analysis we will conservatively assume the proposed roadway pavement section based on the underlying pavement section to remain and emergency vehicle/garbage truck-specific road sections from recent projects. Rough depths of assumed excavation will also be provided. Wilsey Ham will prepare a rough order of magnitude estimate of probable costs anticipated for the two reconstruction alternatives. CD+A will coordinate with Wilsey Ham. Deliverables • Rough order of magnitude estimate of probable costs for two (2) roadway section alternatives. The estimate will be provided in digital format (Excel and PDF). • Four (4) proposed pavement reconstruction sections (one for each alternative for B Street between 1st Ave and 2nd Ave and one for each alternative between 2nd Ave and 3rd Ave) will be included in the project plans. The plans will be provided in digital format (Excel and PDF). Assumptions • We assume that the potholing encroachment permit will be a City-approved “no fee” permit. No permitting fees are included in this proposal. • Utility relocation design is not included in this proposal. If necessary, utility relocation design will either be performed by Wilsey Ham as a separate contract outside of this project scope or performed by others. • The team can transfer fee between tasks and staff, but the Grand Total fee will not be exceeded without prior approval from the City of San Mateo. • No geotechnical analysis will be provided. This scope is excluded from this proposal. Proposed pavement sections will be conservatively designed based on the underlying pavement section to remain as well as recent project experience. • Environmental sampling and assessment are excluded from the scope of services. If desired, this work can be included under a separate proposal. • No detailed grading or curb ramp design is included in this proposal. • We assume that the potholing spoils will be non-hazardous and will be disposed of by the potholing subconsultant. If the spoils are determined to be hazardous and to require disposal at a special facility, additional funds will be required. The cost of the disposal will be dependent on the hazardous rating of the material. If the spoils are determined to be hazardous, we assume that the City will provide a local storage location for the spoils while the appropriate disposal location is identified. • We assume that the pothole backfill will consist of Class II aggregate and asphalt cold permanent patch. If the City requires different backfill material, additional fees will be necessary.

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TOTAL
1 TOTAL TOTAL TOTAL TOTAL
SUB- WH TOTAL WH LABOR CD+A ADDITIONAL
TASK DESCRIPTION $235 HRS $197 HRS $173 HRS $269 HRS CONSULTANTS LABOR $ ALL $ HOURS $240 HRS $175 HRS $120 HRS LABOR SERVICES #1

1. Utility Location
1 Perform utility potholing (6 potholes) 235 1 591 3 8,836 826 9,662 4 9,662$ 2 Perform dips of storm drain & sanitary sewer structures 197 1 2,152 8 2,349 2,349 9 2,349$ 3 Update basemapping with pothole & dip information 394 2 519 3 913 913 5 913$ 235 1 1,182 6 519 3 2,152 8 8,836 4,088 12,924 18 12,924$

2. Limited Roadway Reconstruction Analysis
1 Evaluate pothole data & impact on reconstruction 470 2 788 4 1,258 1,258 6 1,258$ 2 Perform roadway reconstruction analysis and cost
estimate
470 2 3,152 16 1,384 8 5,006 5,006 26 480 2 525 3 240 2 1,245 6,251$ 940 4 3,940 20 1,384 8 6,264 6,264 32 480 2 525 3 240 2 1,245 7,509$ `
1,175 5 5,122 26 1,903 11 2,152 8 8,836 10,352 19,188 50 480 2 525 3 240 2 1,245 20,433$ Notes:

Subtotal
5/23/22
Exhibit B
B Street Pedestrian Mall
Additional Design Services #1
Fee Proposal
Subtotal

MANAGING

ENGINEER

SENIORENGINEER
II

4. All positions may not be shown. If a position is not shown the Charge Rate Fee Schedule will govern.

GRAND TOTAL

1. The amounts may vary between tasks and individuals but the Grand Total amount will not be exceeded without approval of the Client.

2. Total All $ includes subconsultants and reimbursable costs.

3. Hourly rates for WilseyHam effective through December 31, 2022 and subject to revision annually thereafter.

CD+A

PRINCIPAL URBAN DESIGNER
WilseyHam

PRINCIPAL ASSOCIATE PROJECT

DESIGNER
2 PERSON

SURVEY CREW
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AGREEMENT WITH COMMUNITY DESIGN + ARCHITECTURE

FOR DESIGN PROFESSIONAL SERVICES
FOR

PEDESTRIAN MALL STREETSCAPE DESIGN
Th
is 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 COMMUNITY DESIGN + ARCHITECTURE, a California Corporation, (“CONSULTANT”), whose address is 610 16th Street, Suite 305, Oakland, CA 94612:

REC
ITALS:

A. CI
TY desires certain pedestrian mall streetscape design services hereinafter described.

B. CI
TY desires to engage CONSULTANT to provide these pedestrian mall streetscape design services by reason of its qualifications and experience for performing such services and CONSULTANT has offered to provide the required services on the terms and in the manner set forth herein.

NO
W, 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
CO
NSULTANT 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.

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

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

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

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

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

SECTION 4 - TERM

The services to be performed under this Agreement shall commence on January 5, 2022 and be completed on or about October 31, 2022.

SECTION 5 - PAYMENT

CONULTANT shall submit invoices to CITY on a monthly basis, describing in reasonable and understandable detail the services rendered, fee charged, and expenses incurred by CONSULTANT during the previous month. Payment shall be made by CITY within thirty (30) days after CITY’s receipt of CONSULTANT’s invoice only for services rendered and upon 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 $145,485, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

SECTION 6 - TERMINATION

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

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

SECTION 7 - OWNERSHIP OF DOCUMENTS

All documents prepared by CONSULTANT in the performance of this Agreement, although instruments of professional service, are and shall be the property of CITY, whether the project for which they are made is executed or not. City shall allow the use of the documents for promotional and similar uses by CONSULTANT and shall provide written permission for such use in a timely manner.

SECTION 8 - CONFIDENTIALITY

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

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SECTION 9 - INTEREST OF CONSULTANT

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

SECTION 10 - CONSULTANT'S STATUS

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

SECTION 11 - INDEMNITY

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

SECTION 12 - INSURANCE

CONSULTANT shall procure and maintain for the duration of the contract and three years thereafter (five years for building or major improvements) the insurance specified in Exhibit C to this Agreement.

SECTION 13 - NONASSIGNABILITY

Both parties hereto recognize that this Agreement is for the personal services of 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 accordance with the care, skill, and diligence ordinarily exercised by professionals providing similar services under similar circumstances to that of CONSULTANT under this Agreement, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.

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SECTION 15 - WAIVERS

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

SECTION 16 – SEVERABILITY

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

SECTION 17 - COSTS AND ATTORNEY FEES

Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this Agreement that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement. However, notwithstanding the foregoing, this Section 17 shall not apply to limit the costs recoverable by the prevailing party in any legal action to collect monies due and owing pursuant to this Agreement. In any such action, the prevailing party will be entitled to all reasonable attorneys’ fees and expenses incurred, in addition to any other relief sought.

SECTION 18 - NON-DISCRIMINATION

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

SECTION 19 - MEDIATION

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

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

SECTION 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: Kathy Kleinbaum
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403

To CONSULTANT: Community Design + Architecture
Attn: Philip Erickson
610 16th Street, Suite 305
Oakland, CA 94612

SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT

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

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

SECTION 23 - AUTHORITY TO ENTER INTO AGREEMENT

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

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SECTION 24 - GOVERNING LAW AND VENUE

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

[SIGNATURE PAGE FOLLOWS]
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I N WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Drew Corbett
City Manager
Date Philip Erickson
Its Authorized Agent
President
Date

APPROVED AS TO FORM
Gabrielle Whelan
Assistant City Attorney
Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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1/5/2022
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CD+A TEAM – DECEMBER 13, 2021 1
Exhibit A
Scope of Services
The following revised Scope of Services provides a description of the work and deliverables needed to result in Phase I construction documents ready for bid in eight months.

Task 1 Project Management and Meetings
Task 1.1 On-going Project Management and Finalize Scope/Schedule There will be regularly scheduled phone calls/meetings, and correspondence to maintain communication during the project.

Status reports will accompany monthly invoicing and will describe the work done in the previous month and identify issues or outstanding decisions that could affect the progress of the project.

Deliverables and Meetings
• Finalized scope, budget, and schedule
• Conference call and meeting notes
Task 1.2 Kick-off Meeting and Other Meetings
A kick-off meeting and project area tour will include the CD+A Team, City project manager and key staff, and representatives of other key partners as determined by the City. The group will review project goals and participate in a tour of the B Street blocks and the general environs, and discuss desired and potential visions and challenges for the project. Team members will attend and participate in up to nine (9) additional meetings during the eight (8) month project. Meetings, with the exception of the kick-off meeting, are assumed to be virtual, with 2.5 hours for the kick-off meeting, three 2 hour working session and 1 hour for other meetings.

Deliverables and Meetings
• Kick-off meeting attendance by CD CD+A (3 attendees), WH (1 attendee), and FP (1 attendee) • Attendance at three (3) working sessions: CD+A (2 attendees), WH (1 attendee), and FP (1 attendee) • Attendance at up to nine (9) additional meetings: CD+A (2 attendees at all), WH (1 attendee at 6 meetings), and FP (1 attendee at 6 meetings )
• Monthly status reports with invoices, phone calls and emails necessary to collaboration

Task 2 Existing Conditions and Design Parameters
Led by CD+A, the Team will review and document existing conditions and design parameters that will inform the development of the Concept Designs in Task 3.

The City will talk with downtown businesses fronting the two segments of B Street about their experiences with the pilot temporary street closures and what has been working and what has not. This information will be forwarded to the CD+A Team to be integrated into the following tasks documentation and assessment.

The Team will identify data gaps affecting the team’s ability to perform our work. The team will summarize the information from this work into a memorandum.

A major goal of the summary memo that the CD+A Team will prepare is to establish a shared understanding of existing conditions, the project construction budget, and project goals so that the project’s op portunities and constraints can be effectively and creatively addressed in the conceptual design phase while also understanding the cost implications of various design options and the choices that the City and stakeholders will need to consider during conc eptual design.

Task 2.1 Civil Engineering Conditions and Parameters
Wilsey Ham will prepare a base map for use in developing the project from City right of way CAD and record drawings, and Google mapping that will be scaled based on field measurements, and information gathered from performing field investigation/measurements. WH will perform a field visit to document the existing conditions. The assessment of each street section will be detailed, confirming the dimensions of the existing roadway, parking areas, and sidewalks; confirming DocuSign Envelope ID: 0230E1CE-D20D-42AF-A688-D1FFCC1AC199 DocuSign Envelope ID: 52742B8E-7A64-43BC-859B-E1FB3DC354D2

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CD+A TEAM – DECEMBER 13, 2021 2
the locations of existing utility lids; and determining periodic street slopes and drainage patterns for the roadway segments by utilizing a smart-level. A topographic survey is not anticipated to be required for this project and is not included.

Deliverables and Meetings
• Base map, in AutoCAD/PDF
• Summary memo of issues

Task 2.2 Existing Use and Urban Design Conditions and Parameters CD+A will document existing conditions and parameters that affect the design, implementation, and use of the Phase I mall improvements. This will include:
• Multimodal circulation and access needs for pedestrians of all abilities, bicyclists, business operations, and emergency and other services.
• Mall use and programming defining parameters for daily business and public use of the mall, special events, and community-wide events.
• Placemaking and other design features, such as guidance/standards for tables, seating, and other elements provided and managed by B Street businesses, basic parameters for integration of public art in the mall design, etc. • Coordinate with Fehr & Peers to explore ADA accommodation and access needs related to signal modification options; and,
• CD+A will work with city staff to identify the items requiring maintenance and operation within the pedestrian mall, and how and who will maintain them. This could address items such as maintenance of planters, pavement painting, bollards/other street closure element, and maintenance and periodic removal and storage of tables, chairs, umbrellas, etc. that are not associated with a specific business.

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Deliverables and Meetings
• Draft and final summary memo of issues

Task 2.3 Curb Management Conditions and
Parameters
Fehr & Peers will gather data related to curbside loading needs and opportunities, through discussions with City staff and businesses. Fehr & Peers will provide a list of questions for the City to respond to based on their experience of the project area during the temporary closure and questions for the businesses through the survey in Task 2.4.

Additionally, understanding that curb management and loading needs are better understood and served at a block or multi-block level rather than block-face by block-face, we will collect and analyze data related to the curb designations within one block of the B Street pedestrian mall as highlighted in the map below.

This will inform potential opportunities to modify curb designations in the project vicinity to address passenger and loading needs for businesses affected by the permanent closure of B Street.

Deliverables
• Questions for City regarding curb management lessons
learned during temporary closure
• Map of existing curb designations

Task 2.4 Survey of Businesses
To help facilitate the gathering of key information from existing businesses about their needs in relation to loading and service access, and use, operations, and maintenance of pedestrian mall installations, CD+A and Fehr and Peers will develop a list of survey questions, either written or in SurveyMonkey, for the city to provide to affected businesses that will provide the team additional input about the current operations, loading needs, and related concerns that businesses have experienced or hope the project will address in some way. This will help to inform the design of the pedestrian mall, and inform CD+A and Fehr and Peers’ work in Tasks 2.2 and 2.3. A set of draft survey questions will be developed and provided to the City for review. CD+A and FP will make one revision to the survey questions for inclusion in a survey to be administered by the City.

CD+A and Fehr & Peers will review the results of the survey responses and summarize the findings and provide suggestions about how the survey responses should influence the design development process.

Deliverables and Meetings
• Draft and final survey
• Draft and final summary of survey responses and design suggestions

Task 2.5 Traffic Signal Conditions and Parameters
Fehr & Peers will review the current signal systems at the three signalized intersections adjacent to the project limits and document opportunities, constraints, and recommendations to consider during design development that minimizes the need for signal upgrades as part of the Project.

Fehr & Peers will conduct a site walk with City staff and review the signal equipment, both above and underground , to extent feasible. We will also document the equipment in the controller cabinet to inform our work.

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To inform the development of design alternatives, Fehr & Peers will provide a list of findings and considerations to the design team and City so the options are developed with signal considerations in mind to the extent feasible.

Deliverables
• Summary of field notes and findings to inform concept development phase

Task 3 Phase I Conceptual Design / 15% Design Plans and Estimate This task will involve the development of several sketch design alternatives and focused studies of subareas or specific desi gn issues and reviewing these with city staff and stakeholders. The sketch alternatives and studies will illustrate approaches for intersection and signal design; emergency vehicle, loading, and service access into the pedestrian mall; ADA access and accommodation at intersections and possible interim accommodation within the pedestrian mall, solutions for possible drainage or utility issues; bollard/entry gate design approaches; and inform city and private partner responsibilities for operations and maintenance of the pedestrian mall Phase I improvements. The alternatives will be evaluated by the CD+A Team and City staff. Finally, a preferred conceptual design and estimate of probable cost will be prepared and approved prior to beginning Task 4 PS&E Preparation.

Prior to starting work in this task, CD+A will organize and facilitate an up to two (2) hour working session to review the Task 2 materials defining conditions and parameters for the conceptual design effort and defining an initial framework for the alternatives to explore.

Task 3.1 Sketch Design Alternatives
Led by CD+A, the team will develop sketch alternatives for the design of the Phase I pedestrian mall design and public realm enhancements. The alternatives will focus on improvements that will be eas ier to implement and generally lower cost with the potential for some more permanent improvements, such as bollards or other entry treatment, and improvements at the intersection/gateway locations to the pedestrian mall that would not unduly constrain the design and implementation of the Phase II long term improvements, such as signal modification, and signage and striping .

The CD+A Team will first develop initial sketch plan concepts to investigate a variety of public space types and locations, street closure alternatives, multimodal access and intersection crossings, curb management, delivery/city/emergency access, and other considerations that come to light from the Task 1.2 kick-off meeting and site visit, city discussions with B Street businesses and shared survey, and other analysis and considerations resulting from the Task 2 work. The CD+A Team will then have a working session with City staff to review the initial sketch plan alternatives; likely two larger alternatives with additional sketches of subalternatives and focused design studies.

For example, these might include subalternative focused design studies for the intersections and entries into the pedestrian mall segments or concepts for use of areas that do not have businesses that would fully use the pedestrian mall space in front of their business. These spaces could provide for informal seating, small performances, or table seating for people who bring food from restaurants and cafes outside of the immediate B Street area. Other issues that can be explored through the sketch designs include:

Organization of space – Consider and explore how the design could provide a variety of flexible and public spaces such as plaza spaces with informal seating to allow for more informal public activities like meeting friends or attending smaller scale performances hosted by the Downtown San Mateo Association or others; open seating (non-business specific) for people to rest or people watch; table seating for people who bring food from home or restaurants and cafes outside of the immediate B Street area; and allow for other activation and recreational elements such as po p-up or designated child play areas, oversized chess boards, and similar uses.

Street closure design – Consider and assess treatment of the gateways into the blocks that maintains access for pedestrians; bicycles; and emergency vehicles, service providers, and loading. This will include determining the type and design of bollards or entry gate features.

Multimodal zone design – Identification of bicycle facilities (and fire and service lane) through the pedestrian mall with the use of striping, colors and/or patterns to define it from pedestrian space.

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Pedestrian mall pavement treatment – The sketch concepts will explore the type, location, pattern(s), and colors of graphic patterns and street murals that can be implemented in the pedestrian mall and potentially at intersections. This will include identifying a design approach for integration of the city’s public art installation as part of the mall painting.

Options for location and extent of the art street mural will be developed. CD+A brings their experience working on the 13th Street Commons project with the Lighthouse for the Blind to better understand the implications of pavement color, tones, and patterns and how they are perceived by low-sighted people and their sense of security and independence.

The design of the pedestrian mall pavement treatment will integrate necessary striping or other delineation of bicycle, service vehicle, and emergency vehicle access.

Site furnishing treatments – The type, style, detail, flexibility, and placement of site amenities such as planters and plant materials, midblock temporary ADA ramps; moveable seating and tables, seating platforms, and refuse containers – either owned by the city or adjacent businesses.

Intersection and signal design – Informed by Task 2 efforts and in close coordination with the design team, Fehr & Peers will provide input into traffic engineering elements such as multimodal access, circulation, loading (passenger, commercial), garbage collection, and emergency access, as well as consideration s for accommodating bicycle and pedestrian crossing at the three signalized intersections in the project area. Our deliverables will include mark -ups and sketches of potential design treatments consistent with the opportunities and constraints identified as part of Task 2 efforts.

Fehr & Peers will also provide an assessment of signal modifications that might be required for up to two concepts to ensure that for each concept, the signal system would be modified to provide adequate operations and accessibil ity once B Street approaches are permanently closed.

With input from Fehr & Peers, CD+A will prepare the striping plans for the intersections to facilitate transition and integration of the pedestrian mall and entry area graphic pavement treatments.

Curb management and service access – Fehr & Peers will utilize the information gathered in Task 2 to determine the amount of passenger and commercial loading spaces needed in the vicinity of the project. In coordination with the design team and the City, we will identify which loading instances will occur within the Pedestrian Mall and which will need to be accommodated on adjacent blocks. The concept design alternatives developed by the team will identify how loading will be accommodated within the Pedestrian Mall. For loading needing to be accommodate d on adjacent blocks, Fehr & Peers will identify potential opportunities to modify curb designations in the project vicinity to address passenger and commercial loading and ADA parking needs for businesses affected by the permanent closure of B Street. We will provide pros and cons for different options and coordinate with the City to determine the best strategy that the City can implement, then monitor and adjust over time. These discussions will occur as part of workshop meetings scoped in Task

1. Civil engineering design – Prior to starting development of the improvement plans, WH will look to resolve key design constraints with the City. It will be important to determine how the City wants to proceed with temporary accessibility issues, drainage solutions, and requirements for and potential conflicts to traffic barriers or bollards. Wilsey Ham’s scope includes review of the existing constraints and recommendations for mitigating these deficiencies on a temporary basis (4 total hours of review and recommendations are included in their scope). No design of new ADA improvements is included in Wilsey Ham’s scope. If desired, Wilsey Ham can prepare a proposal for this work.

The sketch plan concepts can be shared with businesses and property owners and other stakeholders by the city for review and comment.

Deliverables and Meetings
• Team working session to establish a framework for alternatives to explore in the sketch planning process attended by CD+A, WH, and FP (budget for meeting attendance in Task 1.2) • Map of potential future curb designations
• Summary of the signal infrastructure modifications needed for each design alternative • Initial sketch concepts of potential design treatments for the Pedestrian Mall, in PDF DocuSign Envelope ID: 0230E1CE-D20D-42AF-A688-D1FFCC1AC199 DocuSign Envelope ID: 52742B8E-7A64-43BC-859B-E1FB3DC354D2

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• Team working session to discuss initial sketch concepts attended by CD+A, WH, and FP (budget for meeting attendance in Task 1.2)
• Up to two conceptual alternative sketch plans with some subalternatives for particular elements or areas of the mall, in PDF

Task 3.2 Develop Preferred Design Concept and Estimate of Costs Based on the findings of Task 3.1, CD+A will lead the team in a working session with city staff to refine the alternatives into a preferred design concept.

The CD+A Team will then develop the preferred design concept to a 15% design level for the two blocks of the B Street pedestrian mall. The design concept will address the pavement treatment including delineation of the areas for public art street mural(s), potential use of site furnishings, signage and striping, and other project elements. Fehr & Peers will support CD+A and Wilsey Ham during the development of 15% design plans, providing peer review of proposed signing, striping, and layout plans, including treatments that would affect pedestrian, bicycle, and goods movement through the project area.

A draft preferred design concept plan and rough order of magnitude (ROM) costs will be prepared and reviewed with staff , including for the traffic signal modification elements by Fehr & Peers. Staff may wish to share the draft plan with businesses and property owners along the pedestrian mall for feedback; if so, city shall relay comments to be considered and integrated to the CD+A Team. After receiving feedback and further direction from staff, the CD+A Team will prepare a final preferred design concept plan/15% design plan and estimate of probable costs for City Council approval prior to the CD+A Team starting Task 4 Phase I PS&E.

Deliverables and Meetings
• Team working session to review alternatives and set direction for the preferred design concept attended by CD+A, WH, and FP (budget for meeting attendance in Task 1.2)
• Draft and final conceptual plan for one preferred concept plan, in PDF, Adobe Illustrator, and AutoCAD • Draft and final rough order of magnitude (ROM) costs for preferred concept plan to a 15% design level

Task 3.3 City Council Meeting Assistance
Prior to moving into PS&E tasks, the preferred plan will be brought to the City Council for concurrence and approval. CD+A will provide an illustrated preferred concept plan to city staff for use in their presentation, and participate in the presentation of the project to Council to present the Phase I design and estimate of probable costs.

Meetings
• Participation at City Council meeting, CD+A

Task 4 Phase I Plans, Specifications, and Estimates
The CD+A Team will work from the approved preferred design concept to develop more detailed design plans, specifications, and estimate of probable costs. CD+A will also prepare a design parameters memorandum for the public art street mural installation(s). Comments from the city, and potentially stakeholders, will be incorporated into the construction documents.

One round of comments and receipt of consolidated and actionable comments from the city is assumed per submittal task.

Structural design is excluded from this proposal. Electrical design and PS&E for additional lighting, powered bollards, entry gates, or similar features are not included and can be provided as an OPTIONAL TASK if found to be needed. Structural, electrical/joint trench, and utility design work are excluded. No ADA ramp or path of travel design is included.

Fehr & Peers will provide support during the PS&E stage, providing peer review of proposed signing, striping, and layout plans, including treatments that would affect pedestrian, bicycle, and goods movement through the project area, as well as review proposed draft plans prior to submittal to the City at the 95% stage as part of this task.

Task 4.1 95% Phase I PS&E
Based on the outcome of Task 3, the CD+A Team will prepare 95% level plans and estimate of probable costs for the project.

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The team will review city comments, and stakeholder comments as appropriate, on the 15% design plans and incorporate comments as appropriate. The CD+A Team will then prepare 95% design plans, technical specifications, and estimate of probable costs. PS&E to be prepared in City format. City to prepare and provide the “front end” of the specifications, general provisions, and special provisions. Budget assumes no redirection of design.

The following sheets are anticipated to be included in the base plan set:
• Title Sheet (1)
• Notes Sheet (1)
• Improvement Plan Sheets (3)
• Demolition & Erosion Control Plan (3)
• Urban Design Notes Sheet (1)
• Urban Design and Materials Layout Plans (2) (Includes selection and placement of planters with plants, temporary ADA ramps, refuse/recycling cans, and bollards or entry gate feature) • Urban Design and Materials Layout Plans (3) (pavement graphic and delineation of public art street mural installations - may be placed on Striping Plan)
• Urban Design and Materials Detail Sheets (up to 2 sheets)

Traffic Signal Timing Adjustments and APS only
Fehr & Peers’ work effort will include the following:
• Development of signal timing plans for all three intersections (three time periods per location) using Synchro software and existing timing cards from the City.
• Development of specifications for the upgrade from existing pedestrian push button assemblies to APS . • Narrative of minor signal infrastructure changes that do not require a plan to implement (i.e. "contractor shall replace standard three section signal head with left arrow signal head").

Fehr & Peers will prepare mark-ups to existing traffic signal timing plans for all three signalized intersections to accommodate the closure of B Street to motorized traffic; this assumes signal existing timing cards will be provided by the City and incl udes revisions for up to three time periods (Weekday AM, Weekday PM, and off-peak conditions). We will complete this effort by developing an intersection model for each intersection using the Synchro software. We will develop the timings using the Synchro software and make the files available to City staff if requested.

Deliverables
• Mark-up of signing, striping, and layout plans at 95% • Mark-ups of existing traffic signal timing plans for B St/1st Ave, B St/2nd Ave, and B St/3rd Ave • Narrative about minor traffic signal infrastructure modifications • Specifications and Engineer's Estimate for APS and other minor traffic signal equipment modifications WH will lead preparation of the cost estimate. Their construction cost estimates will be based on their database of local, recent data whenever possible. This data is used along with estimates for construction cost increases to estimate unit pricing.

They use detailed unit cost bid items that allow for flexibility during construction, thereby reducing a contractor’s ability to continue to negotiate pricing after the competitive bid.

Deliverables
• Phase I 95% PS&E submittal, in PDF, Excel, and Word

Task 4.2 Final Phase I PS&E
Comments from the city will be reviewed on the 95% plans and the team will prepare and submit written responses. City comments will be incorporated as appropriate. The CD+A Team will then prepare final design plans, specifications, and estimate of probable costs for use for bidding purposes. Budget assumes minor comments.

Traffic Signal Timing Adjustments and APS only
Fehr & Peers will revise the signal timing plans if City provides comments on our initial submittal. We will also make mino r revision to the signal specifications in response to City comments.

DocuSign Envelope ID: 0230E1CE-D20D-42AF-A688-D1FFCC1AC199 DocuSign Envelope ID: 52742B8E-7A64-43BC-859B-E1FB3DC354D2

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Deliverables
• Revisions to signal timing mark-ups
Deliverables and Meetings
• 95% comment matrix with responses
• Draft and final Phase I Final PS&E submittal, in AutoCAD, PDF, Word, and Excel

DocuSign Envelope ID: 0230E1CE-D20D-42AF-A688-D1FFCC1AC199 DocuSign Envelope ID: 52742B8E-7A64-43BC-859B-E1FB3DC354D2

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Proposed Schedule
The CD+A Team anticipates the following schedule.

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EXHIBIT B: Proposed Budget and Estimated Labor Hours
Following is the CD+A Team’s proposed budget and estimated hours to perform this effort.

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Design Professional Services 2020 Page 9
Rev 7/21

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).

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

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

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

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

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

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

Verification of Coverage
CONSULTANT shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CONSULTANT’s obligation to provide them. 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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From: Jennifer Chen
To: Kathy Kleinbaum
Subject: FW: Concern about the business loosing due to B street closures.

Date: Monday, March 13, 2023 12:52:52 PM
From: musu jangga
Sent: Friday, December 16, 2022 8:27 PM
To: City Council (San Mateo) <[email protected]> Subject: Concern about the business loosing due to B street closures.

Dear City Council officer,
This is Weiying from Koja Kitchen, as we are one of the merchants on B Street. Firstly, we would like to thanks to the City Council for the great supports to our merchants over the years. Especially during the Covid pandemic years. As the retail merchant, in the past almost two years of making B Street a pedestrian street, we have noticed that more business are loosing. The lack of foot traffic has caused us to lose a lot of customers. We also received quite some complaints about the same issues from our neighbors recently. We would like to requesting to reopen our block between 1st &2nd to improve our business income. As soon as we have good result from that, we will reconsider the street closure if the City Council still want to do so. Really appreciate if City Council be able to

consider our situation.

Kindly contact me if you have any questions.

Thank you and happy holidays!
Weiying

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From: Jennifer Chen
To: Kathy Kleinbaum
Subject: FW: B Street Opening
Date: Monday, March 13, 2023 12:54:40 PM
From: Porter House
Sent: Wednesday, January 18, 2023 10:29 AM
To: City Council (San Mateo) <[email protected]> Subject: B Street Opening
Good Afternoon City Council,
My name is Zella and I had the pleasure of attending last night's meeting. I did bring up the possibility of re-opening B Street as the businesses between 2nd and 1st ave are negatively impacted by this closure. The block has turned into a ghost town in the evenings and multiple businesses on B Street have closed down, which is a sad thing to see.

I understand closing the block during the pandemic and even in the Summer, but at least for 9 months of the year having it re-open would be very beneficial to the businesses.

A few handicapped customers have also complained because they have trouble accessing the restaurant. It has turned into a burden for them and we would hate to lose our elderly and handicapped customers because of the closed street.

I appreciate your kind consideration of this request and hope to hear from you soon.

Regards,
Zella U.- Events Manager

PORTERHOUSE
164 S. B Street
San Mateo, CA 94401
Tel: (650)579-5911
Fax: (650)579-0658
http://www.porterhousesanmateo.com
https://www.facebook.com/porterhousesanmateo
https://www.instagram.com/porterhousesanmateo/

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From: Patrice Olds
To: Kathy Kleinbaum
Subject: FW: B Street Closure
Date: Tuesday, January 24, 2023 10:29:06 AM
Patrice M. Olds, MMC
City Clerk
City of San Mateo
330 W. 20th Avenue
San Mateo, CA
94403-1388
[email protected]
www.cityofsanmateo.org
(650) 522-7042
From: Tracy Volponi
Sent: Tuesday, January 24, 2023 10:15 AM
To: City Council (San Mateo) <[email protected]>; Amourence Lee <[email protected]>; Lisa Diaz Nash <[email protected]> Cc: [email protected]
Subject: B Street Closure
I understand that the businesses located within the closed B Street section got to vote on the closure and only the movie theater and one other business voted no.   Seems a small sample of voters to make a decision of this magnitude.   Many people, myself included, feel the street should be open.  Even closed the outdoor area is only used a few months of the year.  We walk downtown to dinner frequently and the closed section is a ghost down when it’s cold, windy or rainy.  Might it be better to just close it occasionally when weather permits for special events? I am asking for the closure to be reconsidered.  Or at least allow a vote of the entire San Mateo Community.  Having a thoroughfare street would prevent cars having to circle blocks to get around the closure.  Having the additional parking would be welcome and also allow those with disabilities to park or be dropped off closer their destinations.  – Tracy Volponi

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From: Akash Kapoor
To: Jennifer Chen
Cc: Ladan; Rana Saluja-Kapoor
Subject: B Street
Date: Tuesday, January 17, 2023 12:15:34 PM
Jennifer, what is the plan with our street closure? This street is just dead. Curry Up Now is now almost fully reliant on to go business from DoorDash and UberEats. I have been at the store the last 2 weeks. We get 2-3 diners for lunch and sometimes none for dinner as the whole block feels SHUT. Business are closing and some opening but without traffic, this is the deadest block in all of downtown. I feel as though the city doesn't care about the merchants on the block. One has to only look at how many empty storefronts exist on this block. After the city forced us to remove our Parklet, our business dropped even more. How are we expected to operate and pay the high rents on a dead street.

What's the plan here? Is there a plan?
--
AkashKapoor
CEO & Chief TroubleMaker
We Are Franchising
mobile-desk-fax

MISSION STATEMENT
“To create extraordinary experiences and build community by fostering kindness, hospitality, and love in our food and each other.”
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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: 21 Section Name: OLD BUSINESS Account Number: 10-4677 File ID: 23-7113 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: March 20, 2023
SUBJECT:

Stormwater Funding - Overview
RECOMMENDATION:

Receive an overview of the stormwater funding project, status update, next steps; and provide feedback.

BACKGROUND:

Project History:

The City operates and maintains a stormwater system, which provides vital services to safeguard our neighborhoods from flooding and protect our local waterways from pollution. The City’s stormwater system is critical to providing community benefits to us all, including preventing pollution; improving water quality for activities such as boating, swimming, and fishing; and creating multi-benefit green spaces. It is made up of a complex infrastructure including surface drains, underground pipes and conduits, pumping stations, creeks and channels, and the Marina Lagoon (lagoon), which captures approximately three-fourths of the City’s drainage before it enters the Bay.

The City’s stormwater system requires long-overdue improvements to address flood control limitations and replace aging infrastructure. Unlike the sanitary sewer system, the stormwater system does not have a dedicated funding source. With so many infrastructure needs, there is not enough funding to maintain and upgrade the storm drainage system.

In 2019, the Public Works Department began working with SCI Consulting Group (SCI) on a financial analysis of the City’s stormwater activities to understand the funding needs and options for revenue generation. Staff presented an overview of stormwater activities to the Sustainability and Infrastructure Commission (SIC) in December 2020 and continued to work with SCI on the funding analysis. At the February 2021 SIC meeting, staff presented a draft Stormwater Funding Analysis Report. Along with feedback from the SIC, the Stormwater Funding Analysis Report was presented to the City Council during the May 17, 2021, study session. Council directed staff to proceed to the next steps towards implementing a potential stormwater fee.

SCI Consulting Group’s scope of work included tasks for a public opinion survey, development of a fee report, public outreach, and potential mail balloting process pursuant to Proposition 218. The survey and initial community outreach were completed in December 2021. Staff presented the survey results to the SIC on March 9, 2022, and to City Council on May 21, 2022. Recommendations were to move forward with a robust outreach strategy, fee report, and a potential mailed ballot proceeding reflecting a stormwater fee at a level of $8/month and to consider timing in coordination with other City funding initiatives related to potential sales or property transfer tax. The timing for commencing the project was subsequently delayed due to conflicting priorities in pursuing a general tax measure that was placed on the November 2022 ballot. This report presents a review of stormwater activities, the stormwater funding analysis, stormwater survey results, the fee study, and next steps regarding outreach and a potential stormwater fee mailed ballot proceeding.

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Overview of Storm System Activities:

Public Works crews regularly clean and maintain storm drains year-round and take additional precautions when rain is in the forecast to protect San Mateo from flooding. Routine operation and maintenance activities for stormwater management include cleaning and repairs of curbs, inlets, catch basins, lateral and main lines, outfalls, and nine stormwater pump stations. Public Works is also responsible for maintaining portions of San Mateo Creek, Leslie Creek, Borel Creek, Laurel Creek, and several channels that carry rain runoff from San Mateo's neighborhoods to the Marina Lagoon and San Francisco Bay. This work requires proactively removing sediment, trash, and other debris to lower the risk of flooding.

Storm system capital improvement projects include those from the 2018 Marina Lagoon Dredging Assessment, the Trash Load Reduction Plan, the 2004 Storm Drain Master Plan, pump station upgrades, creek maintenance permitting efforts, and several other projects. Public Works also implements a stormwater compliance program to monitor water quality and keep waterways clean and safe, including inspection teams that work with local businesses to help them implement best management practices and do their part to prevent pollution.

The City’s Marina Lagoon is also an important asset for stormwater and flood management. Enjoyed by our residents, watercraft users, beach enthusiasts, and families of bird species from pelicans to sandpipers, the lagoon is an amenity for all. A remnant of a tidal slough that was diked and dredged, the lagoon is part of the City’s flood control system, while offering a recreation area, wildlife, and ecological resource. The lagoon receives stormwater runoff from a majority of the City, and pollutants are carried through streets and storm drains directly to it. Managing the lagoon as a flood control basin as its primary purpose includes maintaining operating levels, water exchange rates, the dam and pump station, and other infrastructure. Management also includes removal of nuisance aquatic plant control, water quality protection, wildlife management, permit compliance, and regulation of encroachments such as private docks, beaches, banks, and dredging.

Sedimentation of the lagoon over time has decreased the water depth, reduced stormwater capacity, increased temperatures, and decreased the area amenable to safe boating. The lagoon changes also result in increased nuisance vegetation growth and negative impacts to water quality and aesthetics. A dredging feasibility study conducted in 2018 estimates that up to 270,000 cubic yards of sediment could be removed to restore the lagoon to its original capacity.

Disposal options for dredged sediment could be limited or very costly due to potential pollutants found within the sediment. The costs for dredging the lagoon range from $8 million to $80 million depending on the extent of dredging and the disposal requirements.

Stormwater Funding Analysis:

The overall funding needs to effectively manage the City’s stormwater system are greater than what is currently available from the General Fund, which is approximately $3 million annually for operations, maintenance, and pollution prevention.

The financial analysis completed in 2021 identified the following needs and bring the total stormwater needs to $8.4 million annually:
•$3.6 million for operation, maintenance, and regulatory compliance; and •$1.9 million for Marina Lagoon dredging (annualized life-cycle costs derived from estimated dredging costs of as much as $80 million); and
•$2.9 million for other capital projects ($68 million amortized over 30 years).

The Stormwater Funding Analysis Report identifies various funding sources for a stormwater utility, with the most common being a user fee like water, sewer and garbage services. The report concludes that a user fee of approximately $16 per month for the average residential property would be required to fund the full annual cost of $8.4 million.

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Stormwater Funding Survey:

In August 2021, City Council authorized staff and SCI Consulting Group to mail a survey to all parcel owners to learn the priorities of the community, which projects or programs are most important, and gauge their willingness to invest in the stormwater program through either a stormwater property related fee or a citywide benefit assessment. The survey tested rates and issues for: 1) a citywide stormwater fee for all services included in the Stormwater Funding Analysis Report; and 2) a citywide benefit assessment focused solely on Marina Lagoon improvements such as dredging (Marina Lagoon assessment), tiered by proximity to the lagoon. The surveys were accompanied by supplemental information and also included questions about projects and issues that might affect how a voter would view a potential mailed ballot proceeding. Respondents were asked whether a project or issue would cause them to change their support of such a ballot.

For the citywide stormwater fee, the Stormwater Funding Analysis Report determined annual property related fees ranging from $120 to $192 ($10 - $16/month) and those two rates were tested in the survey. For the Marina Lagoon assessment, the Stormwater Funding Analysis Report identified annual assessment rates of $10 for most of the City and $50 or $150 for properties within walking distance or fronting the lagoon, respectively. This rate structure was predicted to only raise approximately $500,000 annually toward a total need of $1.9 million. Therefore, a second, larger rate range of $23 to $350 per year was also tested, although estimated revenues of $1.2 million would still be less than the $1.9 million needed annually.

Survey Results:

The survey results showed neutral support for the stormwater fee and marginal support for the Marina Lagoon assessment. The stormwater fee had 49.9% support at the $10/month level, raising $5 million annually, and 46.8% support at the $16/month level, raising $8 million. The Marina Lagoon assessment had 54.6% support at the $10 - $150/year level, raising $500,000 annually, and 51.6% support at the $23 - $350/year level, raising $1.2 million. Either option would require a simple 50% majority vote from property owners. The margins of error on these results were 3.4% and 3.6%, respectively.

Respondents were more likely to support a citywide stormwater fee that 1) protects the City from local street and property flooding by properly maintaining and operating its aging storm drainage infrastructure, 2) removes trash and pollution from San Francisco Bay and local waterways, and 3) has dedicated funds for stormwater and could not be taken away by the State, County, or even the City Council. Conversely, respondents were less likely to support a citywide stormwater fee that would specifically fund Marina Lagoon issues such as 1) dredging and other stormwater improvements, 2) preventing unwanted vegetation and other pollutants, and 3) as a recreational amenity and flood control facility.

The most supported projects and issues related to the Marina Lagoon Assessment survey included 1) removing trash and pollution to San Francisco Bay and local creeks, 2) providing flood control capacity to protect streets and properties from local flooding, and 3) dedicated funds for stormwater that could not be taken away by the State, County, or even the City Council. Respondents were less likely to support a Marina Lagoon assessment that would only pay for some of the dredging and may not be enough to fully fund lagoon dredging, likely requiring a separate stormwater fee.

Survey Analysis:

Although support levels for a Marina Lagoon benefit assessment were slightly stronger than a stormwater fee, the stormwater fee is more desirable due to the potential for significantly higher revenue providing critical funding needed for citywide storm system operations, maintenance, and capital projects. Additionally, a strong negative argument of insufficient funding to complete identified improvements suggested that a Marina Lagoon-centric assessment would not be worth pursuing at this time.

The survey results showed support at slightly less than 50% at the $10/month ($120/year) rate for a stormwater fee. The consultant typically recommends moving forward on proposed mailed ballot proceeding only when the support level, minus the margin of error, is at least 50%, which was not met. However, it was thought that a lesser rate of under $100/year, or approximately $8/month, could have enough support to pass. The projects and issues that resonated with the community were well-rounded (infrastructure, environmental, and fiscal prudence) and form a solid basis for an

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outreach and education program. A robust outreach program would be needed to move the needle towards a majority approval.

City Council direction in May of 2022 was to move forward with outreach, a fee report, a proposed mailed ballot proceeding reflecting a stormwater fee at a level of $8/month, and to consider timing in coordination with other City funding initiatives related to potential sales or property transfer tax. The implementation of project was delayed due to conflicting priorities in pursuing a general tax measure that was placed on the November 2022 ballot.

Current Status and Fee Report:

Severe storms occurring between December 2022 and January 2023 produced significant challenges for the City in managing our stormwater systems with existing resources and highlighted the need for adequate funding. The community is more engaged now than ever. Staff recently began implementation of a renewed public outreach and community engagement strategy, which ideally will garner support for a potential mailed ballot proceeding and convey the importance of investing in our stormwater infrastructure.

The stormwater funding survey results are now over a year old. Staff proposes to conduct a follow-up tracker survey in early April to re-confirm what property owners may be willing to pay and to further inform the final amount for a potential stormwater fee. The previous amount of $8/month recommended by Council is not nearly enough to pay for our unfunded stormwater needs, it is suggested to reconsider the full fee amount of $16/month.

A fee report is necessary to meet Proposition 218 requirements and must be based on the final stormwater fee rate that will be proposed in the mailed ballot proceeding. The fee report provides justification as to which specific services and projects the proposed stormwater fee will cover.

Recommended Next Steps:

1. Continue to develop and implement education and outreach on the importance of stormwater systems and investing in the City’s stormwater infrastructure.

2. City staff and SCI conduct a follow-up tracker survey beginning in April 2023 to retest the public’s willingness to invest in the stormwater program through a citywide stormwater fee, including retesting the higher rate of $16/month that would fund all needs identified in the Stormwater Funding Analysis.

3. Return to City Council in early June with tracker survey results and a proposed rate for the final fee report and a potential mailed ballot proceeding.

4. Return to City Council in mid-July with the final fee report and for authorization to commence the mailed notice, protest, and hearing process under Proposition 218.

5. Return to City Council in mid-September for a Public Hearing, and if a majority protest is not received, potential authorization to initiate a mail balloting process pursuant to Proposition 218

6. Mail the ballots in October/November 2023.

7. Return to Council in January 2024 with results.

If this schedule is followed and the mailed ballot proceeding is successful, the final fee approval would be in January 2024 with fees levied on tax bills in fall 2024.

BUDGET IMPACT:

There is no budget impact due to the presentation of this information item.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

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CITY OF SAN MATEO
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ATTACHMENTS
None

STAFF CONTACT
Sarah Scheidt, Regulatory Compliance Manager, Engineering Division [email protected]
(650) 522-7385

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THE FOLLOWING PUBLIC

COMMENTS WERE SUBMITTED

FOLLOWING THE PUBLICATION

OF THE AGENDA PACKET

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1 Martin McTaggart
From: Patrice Olds
Sent: Monday, March 20, 2023 2:32 PM
To: Azalea Mitch; Martin McTaggart
Subject: Fwd: Agenda item 21 - stormwater fees

Get Outlook for iOS
From: Rick
Sent: Monday, March 20, 2023 2:20:28 PM
To: City Council (San Mateo) <[email protected]> Subject: Agenda item 21 ‐ stormwater fees

Dear Council members,

The Marina Lagoon community is unanimously opposed to any tax or fee that would disproportionately impact targeted residents.  Any such measure would meet with vociferous opposition.  I don't think this needs any explanation.  It's everybody's rain, everyone should pay equally.

sincerely
Rick Sakuda
Marina Lagoon Action Committee
San Mateo, CA

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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: 22 Section Name: NEW BUSINESS Account Number: 10-4666 File ID: 23-7120 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: March 20, 2023
SUBJECT:

Complete Streets Plan - Introduction and Community Engagement RECOMMENDATION:

Receive an introduction and overview of the San Mateo Complete Streets Plan and provide feedback on the draft community engagement plan.

BACKGROUND:

The City was awarded approximately $490,000 from the Caltrans Sustainable Communities grant to fund the San Mateo Complete Streets Plan (Plan). The Plan will complement the City’s General Plan Update by creating an actionable plan rooted in safety for all modes and will result in policies, goals, and prioritized projects that are focused on improving mobility, equity, connectivity, and sustainability to build a better circulation network for the City’s future. The Plan will provide the basis for projects that are planned, designed, constructed, and maintained for all roadway users, allowing the City to develop a safe mobility network for many years to come.

Following a competitive RFP process, the City entered into an agreement with Fehr & Peers on October 3, 2022, to assist the City in developing the Plan.

Project Scope and Schedule
City staff and the consultant team developed a scope of work including the tasks below to result in the completed Plan within approximately 18 months.
•Inventory of Facilities, Programs, and Existing Conditions - The consultant team will review best practices and Complete Streets concepts to guide the project. Additionally, the team will evaluate existing conditions, facilities, adopted plans, and current City planning efforts relevant to the Plan to set a baseline for the project. This evaluation will be summarized in an easily digestible format with maps, statistics, images, and infographics for outreach efforts.
•Needs and Demands Analysis – This phase will build on the existing conditions and data collection effort to extrapolate the needs and demand for which the City's multimodal transportation network should be designed.

This will include network analyses and identification of priority project areas. •Community Outreach and Engagement - The engagement process will span the duration of the project, first focusing on listening to stakeholders and then continuing into eliciting feedback and guidance for the priority areas, goals, and projects for the Plan. The outreach plan is expected to include more traditional workshop events in addition to active engagement efforts including stakeholder interviews, pop-up events, walking tours, transit trips, an interactive website, and bike tours.
•Policies, Goals, and Design Standards – This task will develop the framework and roadmap for future work in the

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CITY OF SAN MATEO
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City’s public right-of-way. The effort will include the development of goals and policies addressing aspects including maintenance, funding, streetscape design, and prioritization of the public right-of-way. A design standards manual will be developed to define design treatments appropriate in relation to modal emphasis, street classification, land use context, and availability of right-of-way. The design standards will address integration of green infrastructure in the public right-of-way.
•Commission, City Council, and Working Group Meetings – Staff and the consultant team will present the Plan to the City’s elected and appointment officials on a regular basis throughout the project. Additionally, an interdepartmental internal working group will be established to gain technical feedback on the Plan from all City departments involved, and an external working group comprised of technical representatives and stakeholders will provide additional feedback from the user perspective.
•Draft and Final Plan - A draft Plan compiling all deliverables will be presented to the Commission and City Council for review and feedback, in addition to soliciting public input on the draft. Feedback provided will be folded into the final Plan that will be presented to City Council for adoption.

Community Engagement Plan
Staff and the consultant team will present the draft community engagement plan for the Complete Streets Plan. The proposed strategy includes the principles guiding the engagement, specific groups to engage, and the specific engagement activities such as stakeholder interviews, community walks, and public workshops. Staff requests City Council feedback on the proposed community engagement plan.

Sustainability and Infrastructure Commission Feedback
Staff and the consultant team presented the draft community engagement plan to the S&I Commission earlier this month.

Generally, the Commission’s feedback was positive, with the following specific comments. •Include families, community and parent leaders, neighborhood associations, and larger businesses as stakeholders for engagement
•Emphasize green infrastructure elements in design standards and priority projects •Consider ‘quick response’ engagement techniques like QR codes on decals or sandwich boards to capture feedback from the community
•Focus on educating the community about what the Complete Streets Plan will be during the engagement process •Engage residents and businesses early on about potential street level changes (e.g. parking reduction, travel lane reduction)
Following this meeting, staff will finalize the Community Engagement Plan including Commission, Council, and public feedback. Outreach is expected to begin in March 2023.

BUDGET IMPACT:

There is no budgetary impact associated with the recommendation of this agenda report. The funding for the work for the plan is budgeted in the Complete Streets Plan Project (46R014).

ENVIRONMENTAL DETERMINATION:

This project introduction and review of the draft community engagement plan 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).) An environmental analysis of the final Complete Streets Plan will be completed prior to adoption.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Draft Community Engagement Plan

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

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Last Updated: February 24, 2023

SAN MATEO

CITYWIDE COMPLETE STREETS

ENGAGEMENT PLAN

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TABLE OF CONTENTS
2 1. Engagement Staff

2. Purpose

3. Goals

4. Engagement Principles

5. Who Will We Engage?

6. Engagement Activities

7. Engagement Schedule

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ENGAGEMENT STAFF

CHRISTIAN
OLLANO
Engagement
Manager

JOCELYN

BANUELOS
Deputy Engagement
Manager

STEFANIA
DIAZ
Engagement
Coordinator

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ENGAGEMENT PURPOSEENGAGEMENT PURPOSEENGAGEMENT PURPOSE
To gather meaningful input from San Mateo's rich and
diverse community of many cultures, languages, and
backgrounds to help inform the development of the San
Mateo Complete Streets Plan.

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Educate and
update the
community on
the benefits and
challenges
associated with
the Complete
Streets Plan.

Engage
traditionally
underrepresented
and marginalized
communities in the
process, including
equity priority and
low-income
communities.

Build rapport and
alignment
among the
community and
City agencies.

ENGAGEMENT PURPOSEENGAGEMENT PURPOSEENGAGEMENT GOALS

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ENGAGEMENT

PRINCIPLES
Include a diversity of voices in the engagement
process
Build relationships and co-create with the
community
Lift underrepresented voices
Engage historically marginalized communities
Create accessible, inclusive and welcoming spaces for
a diversity of languages, cultures, and abilities
Collaborate on ideas and solutions
Make space for all members of the community so
they can feel safe and comfortable when providing
input
Adapt and iterate

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WHO WILL WE ENGAGE?
 Bicycle, pedestrian, and transit advocacy organizations  Childcare and special needs services
 Community-based organizations (CBO)'s
 Faith institutions
 Low-income and very low-income households
 Non-English speakers
 Renters
 Residents 44 and younger
 School districts
 Seniors and people with disability
 Small business community
 Senior homes and facilities
 Under-represented neighborhood groups

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ENGAGEMENT ACTIVITIES
Stakeholder
Interviews Focus Groups
Bike, Walk and/or
Transit Tours and
Pop Ups
2 Public
Workshops
Interactive online
engag ement platform
and web site using
Social Pinpoint
3 Documentation
and Summary
Reports

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Purpose

1. To understand the needs, concerns, and expectations of stakeholders.

2. To build rapport and community trust at a deeper level.

3. To gather input and create partnerships for pop ups and focus groups.

How will we
achieve this?

1. Identify and confirm with City the key stakeholders for the project.

2. Utilize existing networks and relationships to identify interviewees, including External Working Group members.

Who?

1. Neighborhood association l eadership

2. Bicycle, pedestrian, and transit advocates

3. Diversity Equity Council members

4. Community leaders /CBO leaders

5. Small business community members

6. School district staff
Where?

1. Zoom

2. Phone call

3. In-Person
When? 1. Engagement Phase 1 – March
10 Stakeholder Interviews

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12 Focus Groups
Purpose
How will we
achieve this?

1. Meet with community leaders and key stakeholders who can help co-create focus groups and invite members.

2. Consider using a charrette-style exercise to gather ideas.

3. Provide gift card incentives to the group/attendees .

4. Consider leveraging a pre -existing organizational meeting.

Who?

1. CBOs

2. Neighborhood associations

3. Business groups
Where?

1. Zoom

2. Community centers /City facilities

3. CBO/Organization offices
Questions
When?

1. Engagement Phase 1 – April

2. Engagement Phase 2 – June/July

3. Engagement Phase 3 – October/November

1. To understand needs of specific communities and groups in a more intimate and familiar environment in languages most comfortable for the group.

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4 Bike, Walk, and/or Transit Tours
Purpose
How will we
achieve this?
Who?

1. Neighborhood associations

2. CBOs

3. Pedestrians, bicyclists, transit riders, and commuters.

4. Transit groups and advocates

5. Move San Mateo

6. External Working Group members
Where?
When?

1. City of San Mateo key arteries and roadways

1. Engagement Phase 2 – June/July to review needs/existing conditions

2. Engagement Phase 3 – Oct/Nov to review concept plans and priority projects

1. Experience the project area from the perspective of the people who live, work, and travel there daily and connect with that community.

2. Gather first -hand information about conditions, needs, and concerns of the community.

1. Work with bicycle/pedestrian/transit groups, neighborhood associations, and other CBOs to co-create tour experience.

2. Work with City to identify tour routes and points of interest.

3. Potentially having one monolingual Spanish tour based off stakeholder interview feedback.

4. Provide gift card incentives for participants.

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4 Pop Up Events
Purpose

1. To engage with the community in a quick, dynamic and interactive way.

2. To gather feedback and ideas from the public in real time.

3. To build public awareness and bring visibility to the project.

How will we
achieve this?
Who?
Where?
When?

1. Broad base of community members who use key transit hubs and attend local community events

2. Community members who live near priority plan/concept plan locations

1. Transit hubs e.g. San Mateo and Hillsdale Caltrain stations

2. Local farmers' market (Ex: College of San Mateo Market)

3. Community events (Parks and Recreation events in Central Park)

4. Corridors that are the subject of concept plans/priority projects

1. Engagement Phase 2 - June/July on layered networks and verifying existing conditions/needs

2. Engagement Phase 3 – October/November on priority
projects and concept plans.

1. Work with the External Working Group, key stakeholders, and City staff to identify appropriate times, locations, and venues for pop ups at or near locations that may be impacted by the project.

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2 Public Workshops
Purpose
How will we
achieve this?

1. Gather input from community interviews to organize workshops.

2. Provide simultaneous translation in Spanish and other languages as appropriate.

3. May include break out groups for smaller group discussion.

4. Platform may be online or in-person and will be determined after consultation with the community and staff on best approach.

Who?

1. Residents and the broader community not already targeted in other engagement activities

2. Interested community members and key stakeholders
Where? 1. Zoom

2. Community centers /city facilities
When?

1. Engagement Phase 2 - 1 workshop in Phase 2 in July

2. Engagement Phase 3 - 1 workshop in Phase 3 in November

1. To provide a space for interested community members and the broader community to learn about the project, receive updates, and provide input.

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Interactive Online Engagement Platform
Purpose
How will we
achieve this?

1. Consultant Team will use Social Pinpoint leveraging its interactive capabilities to drive participation.

2. Website will launch prior to start of broad public interfacing engagement activities.

Who?

1. General public

2. English and non- English speakers

3. San Mateo residents

4. San Mateo workers

5. San Mateo commuters
Where?
When? 1. Engagement Phase 1 – Phase 3

2. March - November

1. Page on City of San Mateo Website

1. Provide a reliable and regularly updated online hub for the community to receive project updates and provide input at their convenience.

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ENGAGEMENT SCHEDULE
Stakeholder
Interviews
Active
Transportation
Tours and Pop Ups
Public
Workshops
Focus Groups
Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
Engagement​ Phase 1​:

Existing Conditions
& Needs
Phase 2​:

Layered
Networks
Phase 3:

Priority Projects
& Concept Plans
10 Stakeholder Interviews​
10​
12 Focus Groups 4 4 4
4 Bike, Walk, and/or
Transit Tours
2 2
4 Pop Ups
2 Public Workshops ​1 ​1
Online Interactive Tool​
Engagement Summary
Reports​
External Working Group
Meetings​
#1​ #2​ #3 #4​ #5​

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THE FOLLOWING PUBLIC

COMMENTS WERE SUBMITTED

FOLLOWING THE PUBLICATION

OF THE AGENDA PACKET

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1 Martin McTaggart
From: Patrice Olds
Sent: Monday, March 20, 2023 1:56 PM
To: Martin McTaggart; Andrea Chow; Sue-Ellen Atkinson
Subject: Fwd: Comments for 3/20 meeting

Get Outlook for iOS
From: Lisa Rayle
Sent: Monday, March 20, 2023 1:22:16 PM
To: City Council (San Mateo) <[email protected]> Subject: Comments for 3/20 meeting

Dear Councilmembers,

As a resident of San Mateo, I am writing to comment on three items on tonight's agenda:

1. City Council Priority List ‐ Draft Review, item #32

On it
em #32, I urge council to be more specific.
 "Refine programmatic timeline for future bike improvements" --> we should create a timeline to build all priority projects in the Bike Master Plan
 " Create a pedestrian master plan implementation plan" --> Does it really take all year to make a plan to implement a plan? Can we also identify quick-build projects that can be implemented this year?

2. Complete Streets Plan ‐ Introduction & Community Engagement

I strongly support the design of streets that are truly complete, which means making streets safe and welcoming for people on foot and on bike. San Mateo roads are too often designed for cars with pedestrians and bicycles as an afterthoug
ht. It's past time to correct that imbalance by prioritizing design for people over design for cars.

3. Leaf blowers

Gas leaf blowers create air pollution hazardous to health, with few benefits. When I lived in Palo Alto, where gas leaf blowers are banned, the landscapers were fine using an ele ctric  blower and the cost was basically the same. Why
continue to subject residents and workers to hazardous fumes when there are perfectly good alternatives available?

Thank you,
Lisa Rayle

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1 Martin McTaggart
From: Kristie Eglsaer
Sent: Sunday, March 19, 2023 4:18 PM
To: City Council (San Mateo); Clerk
Cc: Stephanie Gindlesperger; Sang Hee Cho; Bethany Lopez; Sue-Ellen Atkinson; Azalea Mitch; Amourence Lee; Lisa Diaz Nash; Rob Newsom; Adam Loraine; Richard Hedges; Andrea Chow Subject: Comments for Mon 3/20 CC meetings
Dear City Council,

Here are my public comments for the meetings on Monday, March 20.

Slow Speed School Zone (Item #16)
Thank you so much for starting the slow streets around schools project!

Ped/Bike Priority List Action (Item #19)
I look forward to the City making changes to our streets this year, and I am wondering if that is what is meant by “Create a pedestrian master plan implementation plan” because a 2012 Ped Plan Implementation Plan already exists ✅ ‐ Ch 7 titled Implementation, with things like pedestrian scale lighting, curb extensions, and signal timing with specific locations and cost estimates. Many near term actions, like those also mentioned in the 2022 TOD Ped Access Plan, can't happen soon enough, like minimizing vehicle conflicts with pedestrians at signalized intersections via turn restrictions at El Camino Downtown (p.63). My neighbor was just telling me yesterday about a really scary near miss there due to the ped-vehicle signal conflict.

Add Pilot Installations as part of Complete Streets Community Engagement Plan (Item #22) Pilot Installations are designed to be temporary, allowing for modifications based on real-world and real-time feedback from users, allowing the community and City to engage in a cycle of action and feedback. The city has had some real success with pilot installations and community engagement recently. Now it’s about folding that practice into the Complete Streets Community Engagement Process.

Leaf Blowers and #LeaveTheLeaves (Special Session)
Does the City of San Mateo Parks Dept have a policy similar to what is laid out by the NYC Parks Dept to leave fallen leaves on the ground, like keeping leaves around tree bases or mulch mowing lawns? Thank you for the City listing alternatives to leaf blowing on the leaf blower webpage, like letting the leaves lie, and thank you for the electric leaf blower rebate program (and great flyer with QR code!).

Thanks very much!

Best, Kristie

https://www.cityofsanmateo.org/4566/TOD‐Pedestrian‐Access‐Plan

https://www.cityofsanmateo.org/2218/Pedestrian‐Master‐Plan

https://www.cityofsanmateo.org/DocumentCenter/View/10061/10‐‐‐Implementation?bidId=

https://www.nycgovparks.org/learn/trees‐and‐plants/leave‐the‐leaves‐why‐our‐parks‐gardeners‐may‐leave‐fallen‐ autumn‐leaves‐on‐the‐ground

https://www.cityofsanmateo.org/4544/Electric‐Leaf‐Blower‐Rebate

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2 https://www.cityofsanmateo.org/DocumentCenter/View/85710/Electric‐Leaf‐Blower‐Rebate‐Flyer?bidId=

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1 Martin McTaggart
From: Patrice Olds
Sent: Monday, March 20, 2023 2:58 PM
To: Sue-Ellen Atkinson; Martin McTaggart
Subject: Fwd: Item #22--Complete Streets

Get Outlook for iOS
From:

Sent: Monday, March 20, 2023 2:51:41 PM
To: City Council (San Mateo) <[email protected]> Subject: Item #22‐‐Complete Streets

Before starting this project, please review the process and adverse results of “community input’ on the Humbolt bicycle lane parking removal project.  You face negative and somewhat resistant reaction from the communities it was supposed to help. There was little “engagement with underrepresented and marginalized communities” on that project,  (I know you tried ).  The community assessment of that prior engagement experience is seen as rebuffed disregard.

In spite of loud and multiple pleas to do a shared bike lane and retain existing parking, it was executed.  Then to “help”, the city painted extended red curbs, causing loss of even more flexible spots for smaller vehicles.

Now residents, struggling with rain, poor lighting and crowded streets, dragging their equipment home to protect it from car theft,  are ticketed for a tire on the curb.  There is strong feeling that these underserved neighborhoods are being used for outsiders’ agendas, and that they are targeted and penalized as a result of those agend
as, (e.g., remove their parking, then increase repetitive parking tickets monitoring)  There is distrust and frustration with ongoing “help”  that  punished them severely.

Other examples—asking  for stop signs and traffic slowing help—told  those “don’t qualify” under rules.   Can’t we find a way to help?  If the 4‐way stop rules are too strict, do a special Area Consideration action. Please try to accommodate these reasonable requests.

And give serious consideration to returning parking to those blocks with former parking with share the road.  Retain full bike lanes in areas there was no former parking.  Bike riders are intelligent enough to adjust as needed.

Respectfully (and hopefully helpfully) submitted, Carol Gillett

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1 Martin McTaggart
From: Michelle Hudson
Sent: Saturday, March 18, 2023 10:29 AM
To: City Council (San Mateo); Clerk
Cc: Robert Whitehair
Subject: San Mateo Climate Action Team Comments on Complete Streets Plan (Agenda Item 22) Dear Mayor Lee and Members of City Council,

These comments are submitted on behalf of the 180+ members of the San Mateo Climate Action Team (“SMCAT”) regarding Item 22 on the March 20, 2023 City Council meeting agenda: Complete Streets Plan.

SMCAT appreciates all the City is doing to prioritize complete and sustainable streets. Passenger vehicles are responsible for 28% of California’s greenhouse gas emissions. Projects that result in implementation of complete and sustainable streets to get people out of single occupancy vehicles are an important local tool for combatting the climate crisis, in addition to yielding other important health and safety benefits.

Accordingly, please advance proposals that rebalance the budget to match the City’s vision so that the City can implement the plans through infrastructure changes, with special emphasis on quick build and pilot installations. Such projects should be widespread throughout the City.

Pilot installations save money, expedite action, and are designed to be temporary, allowing for modifications based on real-time feedback from users. Pilot installations are one of the best tools for the community engagement process for the Complete Streets Plan, allowing the community and city to engage in an iterative process and a cycle of action and feedback.

Sincerely,
Michelle Hudson and Robert Whitehair, on behalf of
The San Mateo Climate Action Team

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Redesign of North Central Bike Lane (Under the Complete Streets)

March 18, 2023

Dear Members of the City of San Mateo City Council:

Climate change is real. The need to transition away from fossil fueled vehicles is real.

The need to give people ways to enjoy the outdoors and be healthy is real. But the needs of neighborhoods also are real and aren’t being met. The impact of bike lanes on N. Humboldt St. in North Central has seen people parking their cars and trucks on their front lawns; increased risk to drivers, pedestrians and cyclists from traffic hazards and unprotected bike lanes; very low usage of the bike lanes; and one more attack on the vibrancy of the neighborhood we know and love. We can promote the use of bicycles and the creation of safe bike lanes throughout San Mateo while also ensuring that the rights of neighbors who use their vehicles to live and work are protected. But we need to revisit the current bike lanes with a “do over” and then “do it right.”
Based on a recent City survey showing strong overall support for bike lanes (without exploring how actual impacted neighborhoods would feel), and a Bike and Pedestrian Master Plan endorsed by the Sustainability & Infrastructure Commission, the previous City Council approved City staff’s recommendation to implement the first bike lane along N. Humboldt Avenue. There has been much written about the lack of early and effective outreach to the North Central neighborhood, as well as the “last minute” communication laying out the bike lane implementation plan shortly before the work began. There also has been much written about the angry reaction of the North Central neighborhood and the City’s attempts after the bike lanes were created to acknowledge the issues created and mitigate them. It has been over one year and the issues have not been resolved. As the residents now have to walk many blocks to find a parking space, not to mention how do they unload groceries or other packages that they have just purchased. The rains have been massive and on going.

Many families have been getting sick from the long walks to their homes.

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The Community Development Block Grant has the specific purpose of providing services that will directly benefit underserved communities in San Mateo (North Central). After parking was removed, we rallied around residents to keep them uplifted as North Central would look towards the future, which would include street improvements, such as the replacement of failed streets and sidewalks, streetlights and crosswalks.

What has not been written about are the very real negative changes in our North Central neighborhood since the bike lanes. You only need to walk down the blocks of N. Humboldt and surrounding streets around 5pm when people are returning from work to see cars parked on the lawn or deep marks where cars were either parked on the front lawns or there were marks on the front lawns that indicated cars had been parked there that morning. One community member observed that in a 1.5 hrs during this same time period, only 1 cyclist used the bike lanes when there was supposed to have been many more commuters riding home from work. So, the question one can ask…where is the demand? Humboldt St does not lead to downtown San Mateo or to the train station or any other major destinations in San Mateo.

The bike lane forces people to find other parking by using their front lawns. Not only does this create blight for our neighbors to look out on, they also are safety hazards that would make it difficult for people to escape from their homes in an emergency.

Even if lawn parking is against City regulations, what choice do people have? When the bike lanes eliminated 200 parking spots almost overnight, were these residents supposed to immediately get rid of their vehicles? Until we revisit the bike lane dilemma and make needed changes, people will need their cars to shop, take their kids to school, run errands and just live life. People who use their trucks for their livelihoods can’t just stop using them because there is no place to park.

In addition to parking on their front lawns, people are parking their cars more on the side streets and the sidewalks there, creating the same problems for people who live there. And the northbound bike lane on N. Humboldt is next to the vehicle lane, instead of next to the sidewalk curb, with the adjacent line of parking spots acting as a shield from moving vehicles. All these overcrowded parking and sub-optimal bike lanes create traffic hazards and near accidents all the time. This is not what we want for our neighborhood…or yours!
One of the Community Feedback and consultation with internal departments identified several needs for the community included:

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-Accessibility improvements
-Traffic calming
- Street Lighting improvements
-Clean streets and dumping
-Martin Luther King Jr. Park improvements
-Pothole repairs
-Street reconstruction
-Sidewalk and curb ramp improvements
-Fair housing services
-Minor home repair
We ask that you include the bike lanes and parking concerns as a part of the Complete Streets Community Engagement Plan. The community would also appreciate an update on other concerns from last year: permit parking, lack of adequate lighting and a continued promise that parking will be supplied. The Courthouse property was a contingency for parking, but that was not a solution, because the plans for the Courthouse was for the property to be restored for the use of the court sessions again.

The DMV was suggested by Planning Dept. as a possible parking solution after hours.

The permit parking at the King Center would not benefit over 95% of the residents.

Please consider the effect this has already had on the seniors and the disabled.

The North Central residents are ready to roll-up their sleeves and work with you to find solutions.

Thank you for taking the time to consider our requests.

Best regards,
Gloria R. Brown
Trina Pierce

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The names below are in support of this letter:

Joanne Bennett
Claire Stephens
Ernest Davis
Edith Monday
Alvin Monday
Tiersa Aldridge
Treyana Pierce
Donna Roduta
Ann Edgar
Christopher Gawson
Yuxi Liu
Juanita Wheeler
James Wheeler
Erik Nielsen
Sang Phan
Howard Ashford
Sakiko Matsumoto
Ken Matsumoto
Stephen Ngan
Winnie Ngan
Grace Ma
Jose Torres
Jian Ho
Joan Smith
Marvin
Anita Webb
Arnold Webb
Aurora Torres
Jesus Torres
Leticia Valerio
Claire Mack
Carolyn Collins
Annabelle Emery
Roedell Myers

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1 Martin McTaggart
From: Trina Pierce <
Sent: Sunday, March 19, 2023 9:21 PM
To: City Council (San Mateo)
Cc: Gloria Brown; Claire Stephens
Subject: Letter From North Central Residents Requesting a Redesign of Bike Lanes Under the Complete Streets Plan
Attachments: 2nd Draft 3-19-23 - Copy.docx
Good Evening to the Mayor and San Mateo City Council Members

The attached letter is being sent regarding the North Central Bike Lane under the Complete Streets

There are many residents in agreement with the letter.  Some have agreed to list their names.

Please read and consider the issues which have be
en  presented.

Thank you

Sent from my iPad

Begin forwarded message:

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