Agenda packet, regular meeting — San Mateo City Council, June 5, 2023 (part 1 of 3)

CITY OF SAN MATEO
City Council Regular Meeting
June 5, 2023
7:00 PM
City Hall Council Chamber
Entrance is on O’Farrell Street

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

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

PUBLIC COMMENTS WILL BE ACCEPTED BOTH IN PERSON AND REMOTELY.

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

To join via Zoom – click here: June 5, 2023
To join via telephone: (408) 638-0968
Webinar ID: 843 0477 0493 Passcode: 374106
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

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

Amendment: Item Number 26 was moved from New Business to Consent Calendar.

CALL TO ORDER
Pledge of Allegiance
Roll Call

CEREMONIAL

1. Immigrant Heritage Month – Proclamation

2. Pride Month – Proclamation

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

3. City Council Meeting Minutes - Approval
Approve the minutes of the special and regular meetings of May 15, 2023.

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

4. City Council 2023 Regular Meeting Calendar Update – Adoption Adopt the updated City Council regular meeting schedule to re-establish the regular City Council meeting originally scheduled for October 2, 2023.

CEQA: This item is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).) 1 of 763

5. Senior Transportation "Get Around" Program – Agreement Approve an agreement with Serra Yellow Cab of Daly City Inc. for the Senior Transportation “Get Around” program up to the amount of $150,000 for fiscal year 2023-24, with an option for the City to extend the agreement for fiscal year 2024-2025 for up to $150,000 for a potential contract total of $300,000; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.

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

6. Summer Camp Bus Transportation – Agreement
Approve an agreement with First Student, Inc. to provide bus transportation services for City of San Mateo summer camps from June 12, 2023 through August 11, 2023 for a contract amount of $118,272; establish a contingency reserve of 10%; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.

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

7. Fiscal Year 2023-24 General Obligation Bond – Tax Rate Levy Adopt a Resolution to levy the property tax rate of $0.0057 per $100 of assessed value, equating to $5.70 per $100,000 assessed value), for the voter-approved General Obligation Bond annual debt service payment.

CEQA: This GO Bond Tax Rate Levy 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).)

8. Wastewater Treatment Plant Supply of Sodium Bisulfite – Change Order Approve Contract Change Order No. 1 with Univar Solutions USA, Inc., to increase the supply of sodium bisulfite by 20,000 gallons, for an amount not to exceed $32,340, for a total agreement amount of $355,734; and authorize the Public Works Director to execute the change order in substantially the form presented.

CEQA: This Contract Change Order No. 1 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).)

9. Wastewater Treatment Plant Supply of Sodium Hypochlorite – Change Order Approve Contract Change Order No. 1 with Univar USA, Inc., to increase the supply of sodium hypochlorite by 20,000 gallons for an amount not to exceed $32,704, for a total agreement amount of $523,254; and authorize the Public Works Director to execute the change order in substantially the form presented.

CEQA: This Contract Change Order #1 is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).)

10. Wastewater Treatment Plant Supply of Chemicals – Contracts Award chemical supply contracts to: 1) Hasa, Inc. to supply sodium hypochlorite in the amount of $957,027; 2) Univar Solutions USA, Inc. to supply sodium bisulfite in the amount of $404,517; and 3) Kemira Water Solutions, Inc. for the supply of ferric chloride in the amount of $312,212; establish 10% contingency reserves for each contract; and authorize the Public Works Director to execute the contracts in substantially the form presented 2 of 763
and issue change orders within the contingency amounts.

CEQA: This contract 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).)

11. Wastewater Treatment Plant Supply of Liquid Emulsion Polymer – Contract Adopt a Resolution to approve an alternative purchasing procedure to award a contract to SNF Polydyne for the supply of liquid emulsion polymer in the amount of $405,613; establish a 10% contingency reserve; and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders within the contingency amount.

12. Wastewater Treatment Plant Immediate Action Projects, Package III – Amendment Approve Amendment No. 5 to the professional services agreement with HDR Engineering, Inc. to provide engineering services during construction for the Wastewater Treatment Plant Immediate Action Projects Package III Project and increase the budget by $422,000, for a total amount not to exceed $1,521,495; increase the contingency reserve by an amount of $42,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.

CEQA: The City prepared a Final Programmatic Environmental Impact Report (Final PEIR) in accordance with the California Environmental Quality Act (CEQA) (SCH No. 2015032006). Council on June 6, 2016, certified the PEIR. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for the implementation of the Clean Water Program. The City prepared Addenda to the Final PEIR that was 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.

13. Hillsdale Caltrain Station Bicycle Access Gap Closure Project – Amendment Adopt a Resolution to authorize an appropriation in the amount of $93,948 of Measure A funds to the Hillsdale Caltrain Station Bicycle Access Gap Closure project; amend the agreement with Bellecci & Associates, Inc. for the Hillsdale Caltrain Station Bicycle Access Gap Closure project to increase the agreement amount by $93,948 for a new total not to exceed $246,948; increase the contingency amount by $88,255 for new contingency total of $98,255; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.

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

14. California Transportation Commission Local Streets and Roads – Project List Fiscal Year 2023-24 Adopt a Resolution to submit a list of projects proposed to be funded with the Road Repair and Rehabilitation Account, Senate Bill 1 funding, to the California Transportation Commission for fiscal year 2023-24.

CEQA: This action to adopt a resolution is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
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15. On-Call Professional Consultant Services – Amendments Approve Amendment No. 2 to extend the term of individual on-call professional consultant services agreements for no additional cost with Wilsey Ham, HDR Engineering, Inc., and Bellecci & Associates until December 31, 2025; and authorize the Public Works Director to execute future no-cost amendments.

CEQA: This approval of no-cost agreements extensions 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).)

16. Citywide Street Reconstruction Phase 4 – Agreement and Budget Transfer Adopt a Resolution to authorize a budget transfer from Citywide Street Reconstruction Package 1 to Citywide Street Reconstruction Package 3 in the amount of $410,000; affirm a requested bid relief from Ghilotti Bros, Inc.; approve an agreement with McGuire and Hester for the Citywide Street Reconstruction Phase 4 Project in the amount of $6,259,358; establish a contingency reserve in the amount of $630,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

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

17. Citywide Street Rehabilitation Package 5B – Agreement Approve an agreement with MNS Engineers, Inc. for design services in an amount not to exceed $585,000; establish a contingency reserve of $58,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve amendments within the contingency amount.

18. Bermuda Drive Bridge Replacement Project Pacific Gas & Electric – Grant of Easement Adopt a Resolution to grant an Easement Deed to Pacific Gas & Electric and authorize the City Manager to execute the Easement Deed.

CEQA: The proposed activity is exempt from CEQA, because it involves granting an easement for the installation of a new small structure, namely an underground PG&E vault. (CEQA Guidelines Section 15303.)

19. State of California Department of Transportation Delegated Maintenance Agreement – Amendment Adopt a Resolution approving Amendment No. 4 to the Delegated Maintenance Agreement with the State of California Department of Transportation for maintenance of State Highways in the City of San Mateo to reduce the scope of the City’s maintenance responsibilities within Caltrans’s right-of-way along State Route 92 and authorize the City Manager to execute the amendment in substantially the form presented.

CEQA: This action of approving Amendment No. 4 is not a project subject to CEQA, because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines Section 15378(b)(5).)
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20. Fleet Maintenance Services – Amendment
Approve Amendment No. 5 to extend the agreement with First Vehicles Services, Inc. for year four (4) of five (5) optional one-year extensions for fleet maintenance services in the amount of $898,343 for a new agreement total of $6,963,517.81; include $200,000 for additional compensation for services that exceed the base level established in the agreement; establish a contingency reserve in the amount of $100,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.

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

21. Workers' Compensation Program Third Party Administration – Agreement Award an agreement to LWP Claims Solutions, Inc. for third party administration of the City's self-insured workers' compensation program for a three-year term in the amount of $740,907 with an option to extend it for additional two years in the amount of $530,194 (for a total amount of $1,271,101), and authorize the Human Resources Director to execute the agreement in substantially the form presented.

CEQA: This project is exempt from CEQA requirements in that it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment per Guidelines Section 15061(b)(3).

22. California State Library Parks Pass Grant – Budget Appropriation Adopt a Resolution to approve a supplemental budget appropriation in the amount of $44,634 for a grant awarded by the California State Library to the San Mateo Public Library to support the State Parks Are For Everyone! program.

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

23. California Library Literacy Services – Budget Appropriation Adopt a Resolution to approve a supplemental budget appropriation in the amount of $55,092 for a grant awarded by the California State Library to the San Mateo Public Library to support the Project Read Literacy Program.

24. Minimum Wage Enforcement Services – Notice to Extend Agreement Approve a notice to extend the agreement with City of San Jose's Office of Equality Assurance for minimum wage ordinance enforcement services in the amount of $30,000 and authorize the City Manager to execute the notice in substantially the form presented.

CEQA: This notice option to extend the agreement is not a project subject to CEQA, because it is a government fiscal activity which does not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment. (CEQA Guidelines Section 15378(b)(4).) 5 of 763

25. San Francisco Peninsula Tourism Marketing District (SFPTMD) Formation – Approval Adopt a Resolution granting consent to the City of Burlingame to form the San Francisco Peninsula Tourism Marketing District (SFPTMD) and include the City of San Mateo within the boundaries of the district.

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

26. Interim City Manager – Appointment
Adopt a Resolution to approve the appointment of Christina Horrisberger as the Interim City Manager.

CEQA: This action 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).)

27. Letter of Apology – Council Approval
Review and approve a letter of apology to four members of the community for impacts related to the selection of the Mayor and the appointment of the fifth Councilmember in December 2022.

CEQA: This letter 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).)

28. 100 N. Humboldt St. Property Owner Appeal – Statement of Decision Adopt a Statement of Decision granting the property owner’s appeal related to permanent relocation benefits to a tenant household who resided at 100 N. Humboldt Street.

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

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

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

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

29. Sewer Rate Increase for Fiscal Years 2023-24 to 2027-28 – Ordinance Introduction Conduct a public hearing, and if there is a determination that a majority protest does not exist, introduce an ordinance to establish maximum sewer rates effective August 1, 2023 through June 30, 2028 pursuant to San Mateo Municipal Code Section 3.54.030 “Sewer Service Charges.” CEQA: In accordance with CEQA Guidelines Section 15378(b)(4), the adoption of this ordinance is not a project subject to CEQA, because the sewer service charge is a funding mechanism for the City Sewer operations and capital projects.
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30. Proposed 2023-24 Budget and 2023-28 Capital Improvement Program – Review Review the proposed 2023-24 budget and the 2023-28 capital improvement program and conduct a public hearing prior to the scheduled adoption at the June 20, 2023 City Council meeting.

CEQA: This proposed 2023-24 budget 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).)

OLD BUSINESS

31. 2023-2031 Housing Element Study Session
Provide direction to staff on options to update the City’s 2023-2031 Housing Element in response to the California Department of Housing and Community Development’s (HCD’s) second review letter dated March 27, 2023.

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

CLOSED SESSION
The public will have an opportunity to comment before the Council’s consideration of this item. Following the meeting a report of action from Closed Session will be provided if required.

32. Conference with Labor Negotiators (Government Code Section 54957.6) – City Manager Compensation City designated representative: Mayor Amourence Lee
Unrepresented Employee: City Manager

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

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

WATCHING A MEETING ON TV: City Council meetings are broadcast live on Comcast/channel 27, Wave/channel 26, or AT&T/channel 99.

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

WATCHING A MEETING ON A COMPUTER: There are three ways to stream. 1) Public Meeting Portal www.cityofsanmateo.org/publicmeetings 2) City YouTube channel and stream it on YouTube: http://youtube.com/CityofSanMateo 3) Watch TV live stream: https://www.cityofsanmateo.org/193/Channel-San-Mateo-Live-Stream

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

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

By telephone: Call (408) 638-0968 and enter the conference ID found at the top of the meeting agenda. When the item of interest is open for 7 of 763
consideration, select *9 to raise your hand. When called upon, press *6 to unmute, state your name and provide your comments.

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

ACCESSIBILITY: In compliance with the Americans with Disabilities Act, those with disabilities requiring special accommodations to participate in this meeting may contact the City Clerk’s Office at (650) 522-7040 or [email protected] . Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. 8 of 763

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 3 Section Name: CONSENT CALENDAR Account Number: 10-1111 File ID: 23-7593 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: June 05, 2023
SUBJECT:

City Council Meeting Minutes - Approval
RECOMMENDATION:

Approve the minutes of the special and regular meetings of May 15, 2023.

BUDGET IMPACT:

There is no budget impact from this administrative action.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Minutes 2023-05-15 Special
Att 2 - Minutes 2023-05-15 Regular

STAFF CONTACT
Patrice Olds, City Clerk
[email protected]
(650) 522-7042
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City Council Special Meeting Minutes – 5/15/2023 Page 1

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

CITY OF SAN MATEO
Special Meeting Minutes
City Council
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
May 15, 2023
City Hall Council Chambers 5:30 PM
Special Meeting
CALL TO ORDER at 5:30 p.m.

Roll Call

Present: Deputy Mayor Diaz Nash, Council Members: Loraine and Newsom

Absent: Mayor Lee

STUDY SESSION

1. 4th and Railroad Parking Lot – Bespoke Development Term Sheet Kathy Kleinbaum, Assistant City Manager, provided a presentation on the proposed Term Sheet for the publicprivate partnership Bespoke development project, which includes the City-owned parking lot at 4th and Railroad Avenue. Developers Carlos Castellanos, Alta Housing, Vice President, Real Estate Development, and Preston O’Connell, Harvest Properties, Partner, said a few words about their companies and answered questions.

Council asked questions of staff.

Public Comment - Linda Lam, Self-Help for the Elderly Volunteer, requested that Council allow space in the new building for Self-Help; Thomas Morgan suggested using the loan could be used as equity for the entire project and incentivize the developers to work more quickly on the housing.

Council by consensus confirmed the current financial terms and supported the project.

2. Downtown – Public Restroom
Evan Albert, Deputy Director of Public Works, provided a presentation to consider and outline the options for the opening of a public restroom in Downtown.

Public Comment – Lew Cohen, Downtown San Mateo, stated it is a public right, basic human right, to offer a public bathroom and it should be in a central location. Erica Wood, President and CEO of Chamber of Commerce, stated public restrooms support local businesses too, allows seniors and families to spend more time downtown.

Council discussion ensued. Consensus was in support of opening a public restroom at the transit center and then to do a study session in one year’s time to consider other alternatives or ideas and include input from CalTrain.

ADJOURNMENT –The meeting adjourned at 6:46 p.m.

APPROVED BY: SUBMITTED BY:

Amourence Lee, Mayor Patrice Olds, City Clerk
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City Council Regular Meeting Minutes – 5/15/2023 Page 1

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

CITY OF SAN MATEO
Regular Meeting Minutes
City Council Meeting
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
May 15, 2023
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:00 p.m.

Pledge of Allegiance
Roll Call

Present: Deputy Mayor Diaz Nash, Council Members: Hedges, Loraine and Newsom

Absent: Mayor Lee

CEREMONIAL

1. Jewish American Heritage Month – Proclamation - Rebecca Goodman, Director of Jewish Community Engagement – Jewish Community Relations Council (JCRC) Bay Area, received the proclamation

2. Asian Pacific Islander Heritage Month – Proclamation - Will be shared with our Asian Pacific Islander Partners

3. Mental Health Month – Proclamation - Will be shared with San Mateo County Health Behavioral Health and Recovery Services

4. National Public Works Week – Proclamation - Azalea Mitch, Director of Public Works, received the proclamation

CONSENT CALENDAR
The following items, 5 through 13, were considered to be routine by the City Council. After the titles of the items were read by the City Clerk, the public was invited to comment and there were no speakers. Motion passed 4-0.

Moved: Hedges, Seconded: Newsom
Ayes: Diaz Nash, Hedges, Loraine, and Newsom
Noes: None

5. City Council Meeting Minutes - Approval
Approve the minutes of the special and regular meetings of May 1, 2023.

6. Senior Catered Lunch Services Program – Agreement
Approve an agreement with Corporate Cuisine, Inc. DBA Creekside Grill for senior catered lunch services for a three-year initial term, with an option to extend for two additional years, not to exceed $150,000 per fiscal year, for a total contract amount of up to $750,000 over five years.

7. Columbia Drive and Crystal Springs Storm Drain Improvements – Agreement Approve an agreement with Freyer & Laureta, Inc. for professional design services in the amount of $108,400; establish a contingency reserve of $11,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.
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8. Wastewater Treatment Plant Immediate Action Projects, Package III – Appropriation and Construction Agreement
Adopt a Resolution appropriating $8,574,000 from Fund 72 Reserves to the Wastewater Treatment Plant (WWTP) Immediate Action Projects, Package III (IAP III) project; award an agreement to Mountain Cascade, Inc. for construction of the IAP III Project in an amount not to exceed $11,344,696; establish a contingency fund in an amount not to exceed $2,270,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

Enactment: Resolution No. 47 (2023)

9. Renewable Diesel Fuel Procurement and Delivery Services – Amendment Approve Amendment No. 4 to exercise a third, one-year extension to the agreement with Bosco Oil, Inc. dba Valley Oil Company for procurement and delivery of red and clear renewable diesel, and increase the amount of the extension from $150,000 to $300,000 for a new agreement total of $1,125,000; establish a contingency reserve in the amount of $75,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

10. Gasoline Fuel Procurement and Delivery Services – Amendment Approve Amendment No. 4 to exercise a third, one-year extension to the agreement with Pinnacle Petroleum, Inc. for gasoline fuel procurement and delivery, and increase the amount of the extension from $250,000 to $500,000 for a new total agreement of $1,875,000; establish a contingency reserve in the amount of $100,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

11. Downtown Cleaning Service – Agreement
Approve an agreement for commercial district cleaning services with Frank & Grossman Landscape Contractors, Inc. for a term of two years, in an amount not to exceed $500,000 per year, with up to two, 1-year extensions at $500,000 per year, for a total not-to-exceed agreement amount of $2,000,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and execute any amendments within the agreement amount.

12. Merit Employees’ Salary Schedules – Approval
Adopt a Resolution to authorize and approve the City of San Mateo Merit Employees’ current pay rates and ranges (salary schedule).

Enactment: Resolution No. 48 (2023)

13. San Mateo County Economic Development Association Event – Consideration of City Sponsorship Consider a $1,250 City contribution to the 70th Anniversary Celebration of the San Mateo County Economic Development Association.

PUBLIC COMMENT
There were no speakers.
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City Council Regular Meeting Minutes – 5/15/2023 Page 3

OLD BUSINESS

14. Pedestrian Mall – Boundary Determination
Kathy Kleinbaum, Assistant City Manager, provided a presentation on whether to bring forward a revision to the boundaries of the pedestrian mall in order to reopen for traffic the block of B Street between First and Second Avenues and whether to allow for parklet platforms within the pedestrian mall. Council asked questions of staff.

Public Comment – Kevin Simpson stated concern that other temporary measures could be used to make the mall function better, noting it takes time, persistence and imagination. Jonathan New stated not to make policy decisions on restaurants that may not be here that long, make the decisions based on residents who live here.

David Hunt stated keep the streets closed to cars. Hamdi Uger, Porterhouse, expressed there is no attractive atmosphere, and a vision is needed to make upscale street for pedestrian use. Seema Patel commented on the businesses on 1st and 2nd avenues and stated lack of infrastructure is the problem equaling lack of vibrancy.

Tanner Walters advocated to keep the pedestrian mall on both streets and keep the conversation going because businesses seem split. Tyson Mao, Wursthall Restaurant, spoke of the difficulty by no longer having outdoor dining. City and local businesses should collaborate and he supports the pedestrian mall idea. Rick Ballard advises to keep B Street closed and to plan for the future, not the past. Sarah Fields stated a desire to keep the section of B Street closed for pedestrians. Sean Lacson stated he wants to keep streets closed to cars. Michael stated B Street is not a pedestrian mall; it is a blocked off street and nothing more it needs to go upscale. Pam Rittelmeyer voiced that it was safer without cars on the street and it is nice and vibrant. Kailun Wu remarked keeping B Street closed offers for a better quality of life. Jordan Grimes said the streets are for human beings and noted people’s habits have changed since the pandemic with less people in offices so need to shift to new models to attract to area.

Erica Wood emphasized the need to do everything possible to have vibrant community spaces; working on this now is timely, and downtown revitalization is a priority; create experiences that draw people downtown.

Following additional questions to staff, Council provided comments and reached consensus to continue to keep both blocks closed; proceed to the next stage of improvements for those blocks; and to allow for parklets on both of the blocks.

Council recessed from 8:57 p.m. to 9:10 p.m.
15 Update and Direction - Flood Relief Fund
Drew Corbett, City Manager, provided an update on the Winter Storm Damage Relief effort and noted the remaining funds in the designated fund. Council asked questions of staff. There was no public comment. Council approved, by consensus, staff’s recommendation to return the remainder of funds to the General Fund.

NEW BUSINESS

16. Climate Action Plan – Annual Progress Report
Andrea Chow, Sustainability Analyst, provided a progress report on the implementation of the Climate Action Plan.

Council asked questions of staff.

Public Comment – Robert Whitehair, SMCAT, expressed congratulations for the workshop held last Tuesday and encouraged the City to take more bold action. David Hunt highly recommends efficient e-bikes; and supports infrastructure improvements to make this more doable. Mike Swire, SMCAT Citizen’s Advisory Committee, would like to see specificity addressing the need to handle transportation and reduce traffic. Michael Weinhauer stated the need to reduce greenhouse gas emissions, but that more electric infrastructure is needed.

Council acknowledged the City’s great work that has already been done and noted that there is still more to do.

Council asked questions regarding a pending court ruling involving the City of Berkeley lawsuit pertaining to the banning of new natural gas infrastructure in new developments and requested an update when that is known. 13 of 763
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17. Diversity, Equity, and Inclusion Strategic Framework – Adoption Denise Garcia, Management Analyst, provided a presentation on the many steps taken to build a framework to reach the strategic vision for this effort. Consultant Myra Jolivet was available to answer any questions. Council asked questions of staff. Public Comment: There were no speakers.

Council discussion ensued with support for the proposed framework.

Motion to Approve the Citywide Diversity, Equity, and Inclusion (DEI) Strategic Framework, as developed by staff, to establish a DEI lens for City operations. Motion passed 4-0.

Moved: Loraine, Seconded: Newsom
Ayes: Diaz Nash, Hedges, Loraine, and Newsom
Noes: None
Council recessed from 10:09 p.m. to 10:15 p.m.

PUBLIC HEARING

18. 100 N Humboldt St. – Property Owner Appeal of Permanent Relocation Christina Horrisberger, Director of Community Development Department, provided a presentation with Kristin Aiu, Code Enforcement Officer, and Linh Nguyen, Assistant City Attorney, assisted with questions. Staff reviewed the history of issues with the property, outlined the process and steps taken as per the municipal code. Council asked questions of staff.

The Deputy Mayor opened the Public Hearing and invited the Appellant’s Presentation. Attorney Gina Papan spoke on behalf of Owner Treyana Pierce. The tenants did not present.

Public Comment – Treyana Pierce asked why did HUD approve the house two years in a row if it was in such poor condition. Kiera Aldridge read a letter, commented on placing of tenants’ refrigerators. Marta Zavaler, Tenant, refuted the landlord’s statements, the tenants did not cause the issues and noted this was not malicious process to get money. Mellie stated she had issues with the tenants living there and supports Treyana. Rick Sakuda stated code enforcement came to a conclusion without gathering all the facts and supports Treyana. Angelina Soldatos, California Apartment Association, encouraged a process with extreme caution and scrutiny, and the need for a clear procedure. Jordan Grimes, One San Mateo, stated this is the condition this ordinance was meant to address.

Diane Papan stated the eviction was prior to the relocation assessment and opined that the City should not do relocation costs prior to communicating with the owner and stated this is not the code the prior council adopted.

Landlord rebuttal – Ms. Papan stated there was no communication with the owner but remediation after the fact and noted the mitigation was working. There is no law that requires an owner to inspect, the tenants did not notify the owner and the process was not clearly established.

The Deputy Mayor closed the Public Hearing. Council provided comments and discussion continued with additional questions of staff on process, due process and if the landlord should have been notified prior to the issuing of the relocation payment. Council provided comments on the process that was used. The City Manager stated staff followed the correct process as outlined in the City’s Municipal Code.

Motion to grant the property owner’s appeal contesting the notice to reimburse the City of San Mateo for the permanent relocation benefits to the tenants who reside at 100 N. Humboldt St. pursuant to San Mateo Municipal Code Chapter 7.50 “Property Owner Obligations with Respect to Tenants Displaced from Unsafe or Substandard Units” and direct staff to bring back a written statement of decision at the following meeting. Motion passed 3-1.

Moved: Hedges, Seconded: Diaz Nash
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City Council Regular Meeting Minutes – 5/15/2023 Page 5 Ayes: Diaz Nash, Hedges, and Newsom
Noes: Loraine

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles.

ADJOURNMENT –The meeting adjourned at 12:34 p.m.

APPROVED BY: SUBMITTED BY:

Amourence Lee, Mayor Patrice Olds, City Clerk
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 4 Section Name: CONSENT CALENDAR Account Number: 10-1511 File ID: 23-7576 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: June 05, 2023
SUBJECT:

City Council 2023 Regular Meeting Calendar Update – Adoption RECOMMENDATION:

Adopt the updated City Council regular meeting schedule to re-establish the regular City Council meeting originally scheduled for October 2, 2023.

BACKGROUND:

On April 3, 2023, the City Council adopted an updated City Council regular meeting schedule in preparation for the City’s delegation to Japan to celebrate the 60th anniversary of the Sister City relationship between Toyonaka and San Mateo. The travel for this event is scheduled between October 1, 2023, and October 9, 2023. The City Clerk’s Office had, prior to the April 3, 2023, City Council meeting, received confirmation of interest from Mayor Lee, Deputy Mayor Diaz Nash, and Council Member Loraine. Given the three Council Member interest, the regular meeting schedule was updated to cancel the October 2, 2023, due to a lack of quorum.

Since this action was taken, the City Clerk’s Office received confirmation from Deputy Mayor Diaz Nash and Council Member Loraine that they were no longer able to participate in the delegation to Toyonaka. While Mayor Lee will continue to participate in the delegation, the City Council will be able to make quorum on October 2, 2023 and can re-establish this as a regular meeting date.

Staff plans to bring to City Council three meetings in the month of October on the draft General Plan, including a special meeting, to be scheduled at a later date. Re-establishing the October 2, 2023 regular meeting will facilitate this business.

BUDGET IMPACT:

There is no budget impact associated with this administrative action ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Updated Calendar 2023 Tracked Changes
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CITY OF SAN MATEO

STAFF CONTACT
Martin McTaggart, Deputy City Clerk
[email protected]
(650) 522-7044
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2023 City Council Calendar of Regular Meetings
All meetings start at 7:00 p.m. and at this time are being held in a hybrid in-person/remote manner.

This is subject to change at some point in the future.

Day Date Notes
Tuesday January 3, 2023 (moved because of New Year’s Day) Tuesday January 17, 2023 (moved because of Martin Luther King Jr. Day) Monday February 6, 2023
Tuesday February 21, 2023 (moved because of Presidents’ Day holiday) Monday March 6, 2023
Monday March 20, 2023
Monday April 3, 2023
Monday April 17, 2023
Monday May 1, 2023
Monday May 15, 2023
Monday June 5, 2023
Tuesday June 20, 2023 (moved because of Juneteenth holiday) Monday July 3, 2023 Cancelled – regular holiday schedule Monday July 17, 2023
Monday August 7, 2023 Cancelled – regular holiday schedule Monday August 21, 2023
Tuesday September 5, 2023 (moved because of Labor Day holiday) Monday September 18, 2023
Monday October 2, 2023 Cancelled – due to three Council Member visit to Toyonaka
Monday October 16, 2023
Monday November 6, 2023
Monday November 20, 2023
Monday December 4, 2023
Monday December 18, 2023 Cancelled – regular holiday schedule 18 of 763

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 5 Section Name: CONSENT CALENDAR Account Number: 11-6114 File ID: 23-7424 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: June 05, 2023
SUBJECT:

Senior Transportation "Get Around" Program – Agreement
RECOMMENDATION:

Approve an agreement with Serra Yellow Cab of Daly City Inc. for the Senior Transportation “Get Around” program up to the amount of $150,000 for fiscal year 2023-24, with an option for the City to extend the agreement for fiscal year 2024- 2025 for up to $150,000 for a potential contract total of $300,000; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.

BACKGROUND:

The Senior Transportation “Get Around” program has been facilitated by the Parks and Recreation Department since January 1, 2018. Currently there are 1,061 San Mateo seniors signed up for the program. From January 1, 2022-December 31, 2022, 4,055 one-way rides were provided. On average the “Get Around” program has between 120-130 active riders a month. The current transportation vendor, Serra Yellow Cab of Daly City Inc., provides on-demand transportation services for qualified City of San Mateo residents aged 60 and over. Each month a rider is eligible for eight one-way trips or four round-trips to destinations within the cities of San Mateo, Burlingame, Foster City, Belmont, Hillsborough, San Carlos and Redwood City. Additional locations outside of the cities listed include the Veterans' Administration Medical Campus in Menlo Park and Palo Alto and Stanford University Medical Centers. All rides must begin or end in the City of San Mateo.

Serra Yellow Cab of Daly City Inc. was selected as the current transportation vendor as they are equipped to service the local senior population. Their fleet consists of over 150 cabs, of which approximately 15% are wheelchair and scooter accessible. They provide overflow transportation services to the SamTrans "Ready Wheels" program, which requires their staff to be trained to handle the needs of passengers with disabilities. All Serra Yellow Cab of Daly City Inc. vehicles are equipped with "Cab Connect" tracking system that can accurately track the start and end of travel locations, distance traveled and the necessary billing information. Serra Yellow Cab of Daly City Inc. is the only cab company that has a permit to operate in San Mateo with the capacity to manage the current scale of the “Get Around” program. Per the City's purchasing ordinance (3.60.050) exceptions (b), it is possible to award an agreement without the required RFP (Request for Proposal) procedure if it is deemed impracticable, unavailing, or impossible to call for bids through a competitive process. Staff has determined that no other transportation companies that are licensed by the City of San Mateo have the necessary fleet size to meet the requirements of this contact.

BUDGET IMPACT:
$150,000 has been budgeted in the 2024 budget cycle and this agenda report is for contract authority only.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement

STAFF CONTACT
Stephanie Douglas, Community Services Manager
[email protected]
(650) 522-7442
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CITY OF SAN MATEO
RESOLUTION NO. (2023)

APPROVING ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT WITH SERRA YELLOW CAB, INC. FOR “GET AROUND” SENIORS TRANSPORTATION PROGRAM
WHEREAS, the City of San Mateo “Get Around” Program (“Program”) for seniors transportation, has been operated by the Parks and Recreation Department since January 1, 2018; and WHEREAS, in 2022 the Program allowed 1,061 San Mateo seniors to take a total of 4,055 low-cost rides; and
WHEREAS, the competitive process required by the Purchasing policy for Professional Services over $100,000 is impracticable as Serra Yellow Cab, Inc. is the only business that can meet the Program’s needs, with over 150 vehicles in operation; other licensed operators have no more than 10 vehicles in operation; and WHEREAS, Municipal Code Section 3.60.050(b) provides that exceptions to the City Council Award Procedures are possible if the Council makes a finding concurrent with the award that calling for bids for that particular agreement is impracticable, unavailing, or impossible; and WHEREAS, City staff recommends approval of the agreement with Serra Yellow Cab, Inc. for up to $150,000.

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

1. The agreement with Serra Yellow Cab, Inc. is not a project as defined by the California Environmental Quality Act in that it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

2. Pursuant to Municipal Code Section 3.60.050(b), calling for bids would be impracticable, unavailing, or impossible because Serra Yellow Cab, Inc. is the only City of San Mateo licensed business operator with enough cabs to meet the Program requirements.

3. The Parks and Recreation Director is authorized to execute the agreement in substantially the form submitted.
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Contract for Services Page 1 of 11
Rev 12/22
AGREEMENT WITH SERRA YELLOW CAB OF DALY CITY INC.

FOR TRANSPORTATION SERVICES
FOR
SENIOR “GET AROUND” PROGRAM
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 SERRA YELLOW CAB OF DALY CITY INC., a CALIFORNIA CORPORATION ("CONTRACTOR"), whose address is 195 87TH STREET, #D, DALY CITY, CA 94015.

RECITALS:

A. CITY desires certain transportation services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

SECTION 1 - SCOPE OF SERVICES
.

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

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

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

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

CONTRACTOR agrees to comply with the City’s minimum wage ordinance as codified in Municipal Code Chapter 5.92, which differs from the state minimum wage and includes a Consumer Price Index escalator.
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Rev 12/22
SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project.

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

SECTION 4 - TERM
The services to be performed under this Agreement shall commence on July 1, 2023 and be completed on June 30, 2024. The City may extend the Agreement for one (1) additional year (July 1, 2024-June 30, 2025).

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONTRACTOR a fee in an amount of up to $150,000 for fiscal year 2023-2024, pursuant to rates stated in Exhibit B, attached and incorporated by reference. CITY may extend Agreement for an additional fiscal year (2024-2025) for up to $150,000 for a potential Agreement total of $300,000.

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

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

SECTION 8 - CONFIDENTIALITY
All reports and documents prepared by CONTRACTOR in connection with the performance of this Agreement are confidential until released by CITY to the public. CONTRACTOR shall not make any such documents or information available to any individual or organization not employed by CONTRACTOR or CITY without the written consent of CITY before any such release. 23 of 763
Contract for Services Page 3 of 11
Rev 12/22
SECTION 9 - INTEREST OF CONTRACTOR
CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services under this Agreement.

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

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

SECTION 12 - INSURANCE
Contractor shall procure and maintain for the duration of the contract the insurance specified in Exhibit C to this Agreement
SECTION 13 - NONASSIGNABILITY
Both parties hereto recognize that this Agreement is for the personal services of CONTRACTOR and cannot be transferred, assigned, or subcontracted by CONTRACTOR without the prior written consent of CITY.

SECTION 14 - RELIANCE UPON SKILL OF CONTRACTOR
It is mutually understood and agreed by and between the parties hereto that CONTRACTOR is skilled in the performance of the work agreed to be done under this Agreement and that CITY relies upon the skill of CONTRACTOR to do and perform the work in the most skillful manner, and CONTRACTOR agrees to thus perform the work. The acceptance of CONTRACTOR's work by CITY does not operate as a release of CONTRACTOR from said obligation. 24 of 763
Contract for Services Page 4 of 11
Rev 12/22
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 - COSTS AND ATTORNEY FEES
Attorney fees in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Agreement. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Agreement.

SECTION 17 - NON-DISCRIMINATION
CONTRACTOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither CONTRACTOR nor any of its subcontractors shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

SECTION 18 - MEDIATION
Should any dispute arise out of this Agreement, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the State Mediation and Conciliation Service, or other agreed-upon service. The mediator shall be selected by a blind draw.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 25 of 763
Contract for Services Page 5 of 11
Rev 12/22
SECTION 19 - LITIGATION
CONTRACTOR shall testify at CITY's request if litigation is brought against CITY in connection with CONTRACTOR's services under this Agreement. Unless the action is brought by CONTRACTOR, or is based upon CONTRACTOR's wrongdoing, CITY shall compensate CONTRACTOR for preparation for testimony, testimony, and travel at CONTRACTOR's standard hourly rates at the time of actual testimony.

SECTION 20 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Joanne Magrini
City of San Mateo
330 W. 20th Street
San Mateo, CA 94403
To CONTRACTOR: SERRA YELLOW CAB OF DALY CITY INC.

Attn: Talib Salamin
195 87th Street, #D
Daly City, CA 94015
SECTION 21 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

SECTION 22 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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Rev 12/22
IN WITNESS WHEREOF, CITY OF SAN MATEO and SERRA YELLOW CAB, INC. have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Joanne Magrini
Director, Parks and Recreation
Date Talib Salamin
Serra Yellow Cab of Daly City Inc.

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

Date

APPROVED AS TO FORM ADDITIONAL CORPORATE

OFFICER
(if necessary, per the above)
Mazarin Vakharia
Assistant City Attorney
Date Date
Attachments:

Exhibit A: Scope of Services
Exhibit B: Payment Rates
Exhibit C: Insurance Requirements
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Contract for Services Page 7 of 11
Rev 12/22

EXHIBIT A

SCOPE OF SERVICES
The CITY OF SAN MATEO Senior Transportation “Get Around” Program provides limited on demand transportation services for City of San Mateo residents aged 60+ that have been qualified for the program by City of San Mateo staff.

The CONTRACTOR will be notified of eligible participants on an as needed basis and prior to the rider’s initial call to obtain service from the contractor. The information that will be provided will include the name, San Mateo address, phone number of the patron, and if the patron requires a specific type of assisted transportation.

The CONTRACTOR will use the Cab Connect software system to track all of the rides. The City of San Mateo will provide Senior Transportation “Get Around” program cards to the qualified participants. In the event of a system failure the Contractor will provide a written voucher for all manually entered rides, this will include the start and end points of the trip, the metered amount, and a name and signature of the participant who used the trip. All manually entered rides need to be clearly identified on the monthly invoice.

Riders are eligible to take one-way trips to any destination within the cities of San Mateo, Burlingame, Foster City, Belmont, Hillsborough, San Carlos and Redwood City. All trips will start or end in the City of San Mateo. Riders can also make direct trips to the Veterans Administration Medical Campus - Menlo Park Division (795 Willow Road, 94025) and Veterans Administration Medical Campus -Palo Alto Division (3801 Miranda Avenue, 94304) and Stanford University Medical Center and their medical offices (300 Pasteur Drive, 94305).

The CITY OF SAN MATEO will not pay for any rides that start or end outside of the specified program boundaries.

The CITY OF SAN MATEO will retain the right to adjust the number of rides that program participants may take including adjusting monthly and yearly maximums.

The CONTRACTOR will provide transfer assistance to passengers needing assistance in and out of the vehicle upon request. The transfer assistance will be limited to cab to curb and curb to cab, excludes any stairs, and drivers will not carry any patrons.

The CONTRACTOR will provide wheelchair and scooter enabled vehicles upon request. The contractor will secure the patron’s wheelchair or scooter to the vehicle.

CONTRACTOR will respond to on demand requests within 30 minutes of the call for standard vehicles and up to 45 minutes for wheelchair and scooter-equipped vehicles.

CONTRACTOR will provide background and driving record checks on all employees with direct access to riders.
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Rev 12/22
CONTRACTOR will not make any extra stops on any ride. Patrons can bring as many passengers as the vehicle is licensed to carry.
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Rev 12/22

EXHIBIT B

PAYMENT RATES
CONTRACTOR will submit an itemized invoice to the CITY by the 20th of each month to evidence all rides provided.

Invoices should be sent to:

San Mateo Parks and Recreation
Attn: Senior Transportation “Get Around” Program
330 West 20th Avenue
San Mateo, CA 94403
The CITY will send invoiced payment within 30 days of receipt of the invoice.

Payments should be sent to:

Serra Yellow Cab of Daly City Inc.

Attn: Talib Salamin
195 87th Street #D
Daly City, CA 94015
Transportation rates will be charged at the following rates:

Rides that over 5 miles will be charged $25.10 starting fee, plus $3.00 per mile on the 5 plus mile, plus 15% service fee. Any rides that are less than five miles will be charged a five-mile rate of $25.10.

Wheelchair accessible rides will be charged a $40.00 starting fee (flag drop), plus $3.00 dollars a mile, plus 15% service fee. Any wheelchair accessible rides that are less than five miles will be charged a five-mile rate of $40.00. An additional $0.30 click charge will be incurred for trips slowed by excessive traffic or other uncontrollable circumstances. The senior patrons will pay the first $5.00 and the remaining fee will be paid by the City.

The City of San Mateo will not pay for any gratuity or tipping. Any tips will be left to the rider’s discretion.

All fees, taxes and services under this Agreement shall not exceed $150,000 for fiscal year 2023-2024 and if CITY chooses option to extend an additional year, Agreement shall not exceed $150,0000 for fiscal year 2024-2025. Total Agreement shall not exceed $300,000. 30 of 763
Contract for Services Page 10 of 11
Rev 12/22

EXHIBIT C

INSURANCE REQUIREMENTS

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

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

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

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

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

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

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

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

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except after thirty (30) days’ prior written notice (10 days for non-payment) has been given to the City. 31 of 763
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Rev 12/22
Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Contractor agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

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

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

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause. All certificates and endorsements are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the Contractor’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time. 32 of 763

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 18-6110 File ID: 23-7517 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Parks and Recreation Department
MEETING DATE: June 05, 2023
SUBJECT:

Summer Camp Bus Transportation – Agreement
RECOMMENDATION:

Approve an agreement with First Student, Inc. to provide bus transportation services for City of San Mateo summer camps from June 12, 2023 through August 11, 2023 for a contract amount of $118,272; establish a contingency reserve of 10%; and authorize the Director of Parks and Recreation to execute the agreement in substantially the form presented.

BACKGROUND:

For the 2023 summer camp session, the City will be hosting summer camps at various parks and facilities throughout San Mateo for participants ages 6-14. Over the 9 weeks of camps over 1,400 participants will be accommodated. A key component of these camps will be field trips. These field trip locations include Great America, Bel Mateo Bowl, Coyote Point, and Oakland Zoo, to name a few. In addition, buses are needed to transport participants to local City aquatics facilities for weekly swimming and to local County public parks.

On February 13, 2023, a formal request for proposals (RFP) was posted with all proposals being due by 5:00pm on February 28, 2023. The City received a total of three responses, and First Student Inc. was selected based on their ability to provide the services requested in the RFP scope. The other two vendors who responded were unable to guarantee the necessary number of buses needed during the timeframe requested. First Student Inc. attests to having “a century of experience and dedicated service to showcase their commitment to safety.” First Student Inc. successfully provided bus services for the City of San Mateo for prior summer camps.

BUDGET IMPACT:
$118,272 plus a 10% potential contingency reserve is included in the Parks and Recreation operating budget, and this agenda report is for contract authority only.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement
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CITY OF SAN MATEO

STAFF CONTACT
Stephanie Douglas, Community Services Manager
[email protected]
(650) 522-7442
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 7 Section Name: CONSENT CALENDAR Account Number: 10-2021 File ID: 23-7520 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Finance Department
MEETING DATE: June 05, 2023
SUBJECT:

Fiscal Year 2023-24 General Obligation Bond – Tax Rate Levy RECOMMENDATION:

Adopt a Resolution to levy the property tax rate of $0.0057 per $100 of assessed value, equating to $5.70 per $100,000 assessed value), for the voter-approved General Obligation Bond annual debt service payment.

BACKGROUND:

General Obligation Bonds (GO Bonds) are typically issued to finance government improvements benefiting the community as a whole. These obligations require 2/3rd voter approval and are secured by an annual tax levy on all assessed property within a jurisdiction. Due to the strength of this security pledge, General Obligation Bonds are typically the lowest cost form of public financing.

In 1999, voters approved a $35 million bond issue to finance construction of a new main library and improvements to the City’s branch libraries. These bonds were issued in two series, $12 million in 2000 (GO Bonds, Series 2000) and the remaining $23 million in 2004 (GO Bonds, Series 2004A). The total outstanding balance of these two bonds as of June 30, 2012 was $29.16 million. In February 2013, City Council authorized the refinancing of these two bond issues. General Obligation Refunding Bonds, Series 2013, were issued for $27.295 million and resulted in net present value savings of $8.4 million over the life of the remaining outstanding bonds. Correspondingly, starting in 2014, this refinancing reduced the annual assessment rate paid by property owners by approximately 20%.

An annual resolution is required to provide the County of San Mateo the authority to include this levy on the annual tax roll. The proposed tax levy for fiscal year 2023-24 is calculated to be $5.70 per $100,000 of assessed value, which represents a 5.0% reduction from the prior year levy of $6.00 per $100,000 of assessed value. The recommended reduction in the tax levy is due to the projected growth in the City’s assessed value from 2022-23 to 2023-24. The City’s total net taxable assessed valuation for fiscal year 2022-23 is $34.6 billion, compared to the prior year’s $32.0 billion. The levy rate for 2023-24 assumes a 4.63% increase in assessed value, bringing the total to $36.2 billion. This calculation of the tax levy is sufficient to meet debt service requirements as shown in Attachment 2.

As shown in Attachment 4, the outstanding principal of the GO Bonds, Series 2013, as of the end of fiscal year 2023-24 will be $13.0 million, and the final debt service payment will be made in fiscal year 2030-31.

BUDGET IMPACT:

The recommended General Obligation Bond tax rate of $0.0057 per $100 of assessed value for fiscal year 2023-24 is estimated to raise adequate funds, approximately $2.049 million, to meet the annual debt service requirement for the General Obligation Refunding Bonds, Series 2013, originally issued for library capital projects. 52 of 763

CITY OF SAN MATEO
ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - GO Bonds Debt Service Tax Rate Calculation
Att 3 - Historic GO Bonds Tax Rates
Att 4 - GO Bonds Debt Service Schedule

STAFF CONTACT
Rich Lee, Director, Finance
[email protected]
(650) 522-7102
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CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)
FIXING THE 2023-2024 TAX RATE ON VOTER APPROVED GENERAL OBLIGATION BONDS WHEREAS, adoption of California Constitution Article XIII A (Proposition 13) by the voters of the state on June 6, 1978 automatically established the property tax rate to be fixed without any action of this Council, as previously required by Charter Section 5.11 and California Government Code Section 51511, except voter approved bonds; and
WHEREAS, the City of San Mateo has voter-approved general obligation bonds outstanding, requiring revenues in the sum of $2,049,050 to pay interest and principal for fiscal year 2023-24, which will require a total tax rate of $0.0057 per $100 of assessed valuation for the Library Project on the estimated $36.2 billion of combined assessed value roll of secured property and state utility property; and WHEREAS, pursuant to California Constitution Article XIII A, all other revenue from property taxes required to balance the budget for the City of San Mateo are to be collected by the County of San Mateo at a tax rate of 1% of the full face value of real property located in the City of San Mateo ($1.00 per every $100 of assessed value) and apportioned to the City according to law, and no other tax rate is to be established by City.

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

1. In accordance with California Environmental Quality Act (CEQA) Guidelines section 15378(b)(4), levying of this tax rate is not a project subject to CEQA because it is a funding mechanism which does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment.

2. The rate of property tax to be levied by this Council for the fiscal year July 1, 2023 through June 30, 2024, upon each $100 assessed value of all taxable property within the City of San Mateo for the purpose of redemption of interest and principal on voter-approved general obligation bonds of the City, for the fund, is hereby fixed at:

General Obligation Bonds Fund – $0.0057 for the Library Project

3. The City Clerk is hereby authorized and directed to forward a certified copy of this resolution to the Controller of the County of San Mateo immediately, as the statement of tax rate fixed as required by law. 54 of 763
Principal Interest Total Debt Service Payment
GO Bonds 2013 Library Debt Service Payment $ 1,590,000 $ 459,050 $ 2,049,050 Less use of fund balance $ -
Adjusted Total $ 2,049,050
City of San Mateo Total Net Taxable Assessed Value $ 34,579,166,760 estimated 4.63% increase $ 1,601,015,421
2023-24 Projected Assessed Value $ 36,180,182,181
GO Bonds Tax Levy 0.000057
City of San Mateo
Schedule of General Obligation Bonds (GO Bonds) Debt Service For Fiscal Year 2023-24 Tax Rate Calculation
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Fiscal Year
GO Bonds Tax Rate
Per $100 Assessed Value
Net Annual
GO Bonds Debt Service
2001-02 0.01350 $ 1,367,000
2002-03 0.01250 $ 1,380,000
2003-04 0.01150 $ 1,383,000
2004-05 0.02530 $ 3,074,170
2005-06 0.02200 $ 2,927,000
2006-07 0.02100 $ 2,945,000
2007-08 0.01930 $ 2,954,000
2008-09 0.01750 $ 2,937,000
2009-10 0.01600 $ 2,663,472
2010-11 0.01290 $ 2,141,030
2011-12 0.01290 $ 2,099,016
2012-13 0.01290 $ 2,162,032
2013-14 0.01050 $ 2,051,350
2014-15 0.01050 $ 2,034,625
2015-16 0.01024 $ 2,040,575
2016-17 0.00900 $ 2,034,450
2017-18 0.00840 $ 2,030,950
2018-19 0.00770 $ 2,030,950
2019-20 0.00710 $ 2,037,950
2020-21 0.00670 $ 2,033,150
2021-22 0.00640 $ 2,045,950
2022-23 0.00600 $ 2,041,250
2023-24 0.00570 $ 2,049,050

CITY OF SAN MATEO
History of General Obligation Bonds Tax Rates
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OUTSTANDING

FISCAL PRINCIPAL TOTAL ANNUAL PRINCIPAL
YEAR AUGUST 1 FEBRUARY 1 TOTAL AUGUST 1 DEBT SERVICE JUNE 30 2012-13 - 27,295,000.00
2013-14 346,883.34 468,175.00 815,058.34 970,000.00 1,785,058.34 26,325,000.00 2014-15 468,175.00 451,450.00 919,625.00 1,115,000.00 2,034,625.00 25,210,000.00 2015-16 451,450.00 434,125.00 885,575.00 1,155,000.00 2,040,575.00 24,055,000.00 2016-17 434,125.00 410,325.00 844,450.00 1,190,000.00 2,034,450.00 22,865,000.00 2017-18 410,325.00 385,625.00 795,950.00 1,235,000.00 2,030,950.00 21,630,000.00 2018-19 385,625.00 359,925.00 745,550.00 1,285,000.00 2,030,550.00 20,345,000.00 2019-20 359,925.00 333,025.00 692,950.00 1,345,000.00 2,037,950.00 19,000,000.00 2020-21 333,025.00 305,125.00 638,150.00 1,395,000.00 2,033,150.00 17,605,000.00 2021-22 305,125.00 275,825.00 580,950.00 1,465,000.00 2,045,950.00 16,140,000.00 2022-23 275,825.00 245,425.00 521,250.00 1,520,000.00 2,041,250.00 14,620,000.00 2023-24 245,425.00 213,625.00 459,050.00 1,590,000.00 2,049,050.00 13,030,000.00 2024-25 213,625.00 188,725.00 402,350.00 1,660,000.00 2,062,350.00 11,370,000.00 2025-26 188,725.00 162,925.00 351,650.00 1,720,000.00 2,071,650.00 9,650,000.00 2026-27 162,925.00 127,425.00 290,350.00 1,775,000.00 2,065,350.00 7,875,000.00 2027-28 127,425.00 90,225.00 217,650.00 1,860,000.00 2,077,650.00 6,015,000.00 2028-29 90,225.00 61,125.00 151,350.00 1,940,000.00 2,091,350.00 4,075,000.00 2029-30 61,125.00 31,050.00 92,175.00 2,005,000.00 2,097,175.00 2,070,000.00 2030-31 31,050.00 - 31,050.00 2,070,000.00 2,101,050.00 - TOTAL $ 4,544,125.00 $ 4,544,125.00 $ 9,435,133.34 $ 27,295,000.00 $ 36,730,133.34

CITY OF SAN MATEO
GENERAL OBLIGATION BONDS SERIES 2013

INTEREST PAYMENTS
ISSUE AMOUNT: $27,295,000

CONSTRUCTION OF NEW LIBRARY AND IMPROVEMENT EXISTING LIBRARY PROJECT ISSUE DATE: JUNE 15, 2013

DEBT SERVICE TO MATURITY
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 23-7469 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 05, 2023
SUBJECT:

Wastewater Treatment Plant Supply of Sodium Bisulfite – Change Order RECOMMENDATION:

Approve Contract Change Order No. 1 with Univar Solutions USA, Inc., to increase the supply of sodium bisulfite by 20,000 gallons, for an amount not to exceed $32,340, for a total agreement amount of $355,734; and authorize the Public Works Director to execute the change order in substantially the form presented.

BACKGROUND:

The Wastewater Treatment Plant, officially the Water Quality Control Plant, uses sodium bisulfite as a de-chlorinating reagent in the final wastewater treatment process before discharging to San Francisco Bay. The de-chlorination is a requirement of the City’s National Pollutant Discharge Elimination System permit. The winter of 2023 brought significant rains and abnormally high influent flows. These higher flows required more sodium bisulfite for de-chlorination. The fiscal year 2022-23 usage of sodium bisulfite is nearing its contract value. This contract change order will ensure adequate supply of sodium bisulfite and funds to provide appropriate de-chlorination for the remainder of the fiscal year.

BUDGET IMPACT:

There are sufficient funds in the Wastewater Treatment Plant operating budget for this change order.

ENVIRONMENTAL DETERMINATION:

This Contract Change Order No. 1 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 - Contract Change Order No. 1

STAFF CONTACT
Michael Sutter, Operations Superintendent
[email protected]
650 522 7376
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CITY OF SAN MATEO
Rob Learmonth, Plant Manager
[email protected]
650-522-7386
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C:\inetpub\wwwroot\multitenant\temp\Att 1 - Contract Change Order No.pdf

CITY OF SAN MATEO

PUBLIC WORKS DEPARTMENT
330 WEST 20TH AVENUE
SAN MATEO, CA 94403
(650) 522-7300 CONTRACT CHANGE ORDER
PROJECT: Chemical Supply Contract for Univar Solutions USA Inc. – Sodium Bisulfite TO: Univar Solutions USA, Inc.

CONTRACT CHANGE ORDER NO. 1 Page 1 of 1
PO/SCON No. PO-0000241 (46-05681) Date 04/20/2023
Fund 720
Cost Center Wastewater Treatment Plant
Spend Category Chemicals
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on your contract.

DESCRIPTION OF WORK
Following is a description of work to be done, estimate of quantities, and prices to be paid.

The winter of 2023 brought significant rains and abnormally high influent flows. These higher flows required more sodium bisulfite for dechlorination. The FY2022-23 chemical budget for sodium bisulfite is nearing its contract value. This CCO will increase the total contract gallons from 200,000 gallons to 220,000 gallons. This additional 20,000 gallons will increase the total contract amount $32,340.00 including tax, to ensure adequate funds to complete FY2022-23.

Total cost of change not to exceed: $32,340.00
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

By reason of this proposed change, --- days extension of time will be allowed.

Date Accepted:

Contractor (insert company name)
By:

Title: Regional Vice President
DISTRIBUTION: Purchasing, City Clerk, Contractor, Construction Manager, Project Analyst, Project File

STATEMENT OF ACCOUNT
Original Contract Price $323,394.00
Previous Change Orders $0.00
Total to date $323,394.00
This Change Order $32,340.00
Revised Contract Price $355,734.00
Date Approved:

By:

AZALEA MITCH, Director of Public Works
NOTE: This change order is not effective until approved by the Director of Public Works.
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 9 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 23-7467 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 5, 2023
SUBJECT:

Wastewater Treatment Plant Supply of Sodium Hypochlorite – Change Order RECOMMENDATION:

Approve Contract Change Order No. 1 with Univar USA, Inc., to increase the supply of sodium hypochlorite by 20,000 gallons for an amount not to exceed $32,704, for a total agreement amount of $523,254; and authorize the Public Works Director to execute the change order in substantially the form presented.

BACKGROUND:

The Wastewater Treatment Plant, officially the Water Quality Control Plant, uses sodium hypochlorite as a disinfecting reagent in the treatment process. The chlorination is a requirement of the City’s National Pollutant Discharge Elimination System permit. The winter of 2023 brought significant rains and abnormally high influent flows. These higher flows required more sodium hypochlorite for disinfection. The fiscal year 2022-23 usage of sodium hypochlorite is nearing its contract value. This contract change order will ensure adequate supply of sodium hypochlorite and funding to provide adequate disinfection for the remainder of the fiscal year.

BUDGET IMPACT:

There are sufficient funds in the Wastewater Treatment Plant operating budget for this change order.

ENVIRONMENTAL DETERMINATION:

This Contract Change Order #1 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 - Contract Change Order No. 1

STAFF CONTACT
Michael Sutter, Operations Superintendent
[email protected]
650 522 7376
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CITY OF SAN MATEO
Rob Learmonth, Plant Manager
[email protected]
650-522-7386
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C:\inetpub\wwwroot\multitenant\temp\Att 1 - Contract Change Order No.pdf

CITY OF SAN MATEO

PUBLIC WORKS DEPARTMENT
330 WEST 20TH AVENUE
SAN MATEO, CA 94403
(650) 522-7300 CONTRACT CHANGE ORDER
PROJECT: Chemical Supply Contract for Univar Solutions USA Inc. – Sodium Hypochlorite TO: Univar Solutions USA Inc.

CONTRACT CHANGE ORDER NO. 1 Page 1 of 1
PO/SCON No. PO-0000242 (46-05682) Date 04/20/2023
Fund 720
Cost Center Wastewater Treatment Plant
Spend Category Chemicals
You are hereby directed to make the herein described changes from the plans and specifications or do the following described work not included in the plans and specifications on your contract.

DESCRIPTION OF WORK
Following is a description of work to be done, estimate of quantities, and prices to be paid.

The winter of 2023 brought significant rains and abnormally high influent flows. These higher flows required more sodium hypochlorite for disinfection. The FY23 chemical budget for sodium hypochlorite is nearing its contract value. This CCO will increase the total contract amount from 300,000 gallons to 320,000 gallons. This additional 20,000 gallons will increase the total contract amount $32,704, including tax, to ensure adequate funds to complete FY2022-23.

Total cost of change not to exceed: $32,704.00
We, the undersigned contractor, have given careful consideration to the change proposed and hereby agree, if this proposal is approved, that we will provide all equipment, furnish all materials, except as may otherwise be noted above, and perform all services necessary for the work above specified, and will accept as full payment therefore the prices shown above.

By reason of this proposed change, --- days extension of time will be allowed.

Date Accepted:

Contractor (insert company name)
By:

Title: Regional Vice President
DISTRIBUTION: Purchasing, City Clerk, Contractor, Construction Manager, Project Analyst, Project File

STATEMENT OF ACCOUNT
Original Contract Price $490,550.00
Previous Change Orders $0.00
Total to date $490,550.00
This Change Order $32,704.00
Revised Contract Price $523,254.00
Date Approved:

By:

AZALEA MITCH, Director of Public Works
NOTE: This change order is not effective until approved by the Director of Public Works.
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 10 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 23-7494 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 05, 2023
SUBJECT:

Wastewater Treatment Plant Supply of Chemicals – Contracts RECOMMENDATION:

Award chemical supply contracts to: 1) Hasa, Inc. to supply sodium hypochlorite in the amount of $957,027; 2) Univar Solutions USA, Inc. to supply sodium bisulfite in the amount of $404,517; and 3) Kemira Water Solutions, Inc. for the supply of ferric chloride in the amount of $312,212; establish 10% contingency reserves for each contract; and authorize the Public Works Director to execute the contracts in substantially the form presented and issue change orders within the contingency amounts.

BACKGROUND:

The wastewater treatment plant (WWTP, officially the Water Quality Control Plant) uses chemicals to treat wastewater in accordance with applicable regulatory requirements.

Sodium Hypochlorite
The WWTP uses sodium hypochlorite as a disinfecting reagent in the chlorination treatment process. The chlorination process is a requirement of the City’s National Pollutant Discharge Elimination System (NPDES) permit that regulates discharge of treated wastewater to San Francisco Bay. This contract provides for supply and delivery of 300,000 gallons of this chemical product. The City participates with other municipalities in the Bay Area Chemical Consortium (BACC) to competitively bid the cost of chemicals needed for wastewater treatment. BACC bid results are summarized below:

Contractor Bid Amount Contract Amount*
Hasa, Inc. $2.91 $873,000
Olin Corporation $3.05 $915,000
*Amount does not include 9.625% sales tax, see recommendation for amount including sales tax.

Based on the low bid of $2.91 per gallon, staff recommends awarding the contract to Hasa, Inc. for the supply of sodium hypochlorite. The contract term is 12 months, and the price is to remain firm for the entire period.

Sodium Bisulfite
The WWTP uses sodium bisulfite as a dechlorination reagent in the final wastewater treatment process prior to discharging to San Francisco Bay. The dechlorination process is a requirement of the City’s NPDES permit. This contract provides for supply and delivery of 200,000 gallons of this chemical product. The BACC bid result for sodium hypochlorite is summarized as follows:
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CITY OF SAN MATEO
Contractor Bid Amount Contract Amount*
Univar Solutions USA, Inc. $1.845 $369,000
JCI Jones Chemicals Inc. No Bid No Bid
* Amount does not include 9.625% sales tax, see recommendation for amount including sales tax.

Based on the sole bid of $1.845 per gallon, staff recommends awarding the contract to Univar Solutions USA, Inc. for the supply of sodium bisulfite. The contract term is 12 months, and the price is to remain firm for the entire period.

Ferric Chloride
The WWTP uses ferric chloride to control hydrogen sulfide formation, an odorous compound produced during the solids digestion process. Controlling hydrogen sulfide levels is a requirement of the Bay Area Air Quality Management District.

This contract provides for supply and delivery of 200 dry tons of chemical product. The BACC bid result for ferric chloride is summarized below:

Contractor Bid Amount Contract Amount*
Kemira Water Solutions, Inc. $1,424 $284,800
Pencco, Inc. $1,700 $340,000
Univar Solutions USA Inc. No Bid No Bid
* Amount does not include 9.625% sales tax, see recommendation for amount including sales tax.

Based on the low bid of $1,424 per dry ton, staff recommends award of the contract to Kemira Water Solutions, Inc. for the supply of ferric chloride. The term of the contract is 12 months, and the price is to remain firm for the entire period.

BUDGET IMPACT:

There are sufficient funds for this agreement in the Fund 72 Sewer Enterprise operating budget for fiscal year 2023-24.

ENVIRONMENTAL DETERMINATION:

This contract 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 – Hasa, Inc. Contract for sodium hypochlorite
Att 2 – BACC Bid Summary for sodium hypochlorite
Att 3 – Univar Solutions USA, Inc. Contract for sodium bisulfite Att 4 – BACC Bid Summary for sodium bisulfite
Att 5 – Kemira Water Solutions, Inc. Contract for ferric chloride Att 6 – BACC Bid Summary for ferric chloride

STAFF CONTACT
Michael Sutter, WWTP Operations Superintendent
[email protected]
650 522 7376
Robert Learmonth, Wastewater Treatment Plant Manager
[email protected]
650-522-7386
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CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT

FOR SUPPLY O F SODIUM HYPOCHLORITE
FROM HASA, INC.

JULY 1, 2023 TO JUNE 30, 2024
THIS PURCHASE AGREEMENT (“Agreement” or “Contract”), made and entered into this , by and between the CITY OF SAN MATEO, a
municipal corporation existing under the laws of the State of California, hereinafter referred to as "CIT Y ” , H a s a , Inc., a corporation, with offices 23119 Drayton St. Saugus, CA 91350, hereinafter referred to as "SUPPLIER".

RECITALS
(A) CITY has taken appropriate proceedings to authorize the purchase of certain goods, hereinafter described, and the execution of this Contract. (B) A notice was duly published for bids for the Contract for the purchase of goods hereinafter described.
(C) After notice duly given on the date hereof, the CITY awarded the Contract for the purchase of goods hereinafter described to SUPPLIER.

IT IS AGREED, as follows:

1. Scope of Work. SUPPLIER shall perform the work as described: SUPPLY OF UP TO 300,000 GALLONS OF SODIUM HYPOCHLORITE 12.5%.

2. Contract Price. CITY shall pay, a n d the SUPPLIER shall accept, in full payment for the work above agreed to, the sum of not to exceed $957,027 (nine hundred fifty-seven thousand twenty-seven dollars and no cents), priced at $2.91 per gallon of Sodium Hypochlorite 12.5%, and inclusive of 9.625% sales tax.

Said price is determined by the prices contained in the Bay Area Chemical Consortium (BACC) Bid Tabulation for Bid No. 13-2023, Supply and Delivery of Sodium Hypochlorite 12.5%, Open Date: January 26, 2023, at 9:00 A.M PDT and shall be paid as described in this Contract. In the event work is performed or materials furnished in addition to or a reduction of those set forth in SUPPLIER's bid and the specifications herein, such work and materials will be paid for as described in this Agreement.

3. The Contract Documents. The complete Contract consists of the following documents: This Contract and the BACC Bid Tabulation.

All rights and obligations of CITY and SUPPLIER are fully set forth and described in the Contract documents.
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All of the above-named documents are intended to cooperate, 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. The documents comprising the complete Contract will hereinafter be referred to as "the Contract documents." In the event of any variation or discrepancy between any portion of this Contract and any portion of the other Contract documents, this Contract shall prevail.

4. Termination. This Contract may be terminated by mutual consent of both parties or by the CITY immediately in the event of SUPPLIER’s default or breach of the Contract and upon 60 days written notice without cause. Upon receipt of this written notice, SUPPLIER shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, SUPPLIER shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

5. Schedule. This is a one- y e a r Contract and will cover the period between July 1,2023 and June 30, 2024.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Water Quality Control Plant Manager a legible copy of a Bill of Lading, Certified Analysis indicating SODIUM HYPOCHLORITE, Weighmaster's certificate of weight and any applicable regulatory documents. Certificates shall be delivered to the Water Quality Control Plant Manager designee at the job site upon delivery and before offloading of the material.

7. Payment. Shall be made on a thirty (30) day net basis upon receipt of monthly invoices.

8. General. Except as directed otherwise in these specifications, full compensation for completing all of the supplied goods indicated herein is considered to be included in the Contract unit prices paid for the various items of work and no separate payment will be made therefore.

9. Partial and Final Payments. SUPPLIER shall submit individual invoice for each delivery of SODIUM HYPOCHLORITE to the City of San Mateo, Water Quality Control Plant, 2050 Detroit Drive, San Mateo, CA 94404. The invoice shall contain the following information:
a) Purchase order number
b) Date of delivery
c) Item description
d) Cost per gallon and total price
e) Payment terms to include any prompt payment discount offered f) All applicable sales tax

If any discrepancy or inconsistency is discovered in any such law, ordinance, regulation, order or decree, SUPPLIER shall forthwith report the same to the CITY in writing. SUPPLIER shall at all times observe and comply with all such existing, adopted and amended laws, ordinances, regulations and orders.
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SUPPLIER will be required to furnish and update, as necessary, a list of telephone numbers and names of responsible parties to be called on a 24-hour, 7 days per week basis in the event of an emergency or unusual operating conditions.

SUPPLIER assumes full responsibility for all transportation, transportation scheduling, packing, handling, insurance, and other services associated with delivery of all products. No charges for transportation containers, packing, etc., will be allowed the SUPPLIER unless so specified in this Contract.

11. Time of Delivery. SODIUM HYPOCHLORITE will be furnished F.O.B. Destination City of San Mateo Water Quality Control Plant 2050 Detroit Drive, San Mateo, CA (i.e., Seller/SUPPLIER pays freight charges, owns goods in transit and files any damage claims).

Deliveries will be made in 3,000-gallon minimum and 5,000-gallon maximum loads.

If SUPPLIER is located outside the (650) area code, then it is requested to provide a tollf r e e telephone number for placing orders and an email address to be used by the CITY to send confirmation of order.

Deliveries of SODIUM HYPOCHLORITE will generally be prescheduled to provide SUPPLIER with at least three (3) days’ notice before delivery must be made, but SUPPLIER must have the ability after notification to deliver the chemical within 24 hours.

Orders will be placed by phone and confirmed by email. SUPPLIER must email a confirmation of the CITY's order within 24 hours, unless the CITY requires delivery within 24 hours then confirmation must be made within three (3) hours. In the event SUPPLIER fails to provide the chemicals within 24 hours or other scheduled delivery timeframe and the CITY is forced to obtain the chemical from an alternative source all additional CITY cost incurred will be made good at the expense of SUPPLIER, who agrees to pay the costs and charges immediately upon demand.

Once order is placed and confirmation received the delivery will be accepted at the CITY's Water Quality Control Plant 24-hours per day.

12. Method of Delivery. Delivery shall be by truck tank car. SUPPLIER shall provide all unloading equipment including air padding facilities and hoses with appropriate fittings for coupling to the CITY's chemical unloading facilities. The unloading facilities have standard flange connections; exact size and types are available upon request. All shipping containers used shall conform to I.C.C. regulations.

13. Rejection. All shipments of SODIUM HYPOCHLORITE will be rejected without the following:
a) Bill of Lading
b) Certified Analysis including Total Reducing Substance (TRS) as 100% Sodium Hypochlorite
c) Weighmaster's certificate of weight
d) Applicable regulatory documents
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have 68 of 763
the right to inspect any or all of the goods at SUPPLIER’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance.

SUPPLIER shall be responsible for payment of shipping for the return of any defective goods.

Shipping documents and invoices must cite the Purchase Order number.

14. Material Safety Data Sheet. Each bidder must furnish a copy of a completed M.S.D.S. (Material Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed M.S.D.S. form will result in rejection of the bid. The CITY has a preference for the M.S.D.S. to be submitted in electronic format. The CITY also requires the M.S.D.S. to be sent to the receiving location if the product supplied is considered to be a hazardous substance.

All City, State, or Federal requirements for hazardous substances must be strictly adhered to.

15. Training. SUPPLIER shall provide written instructions regarding the recommended methods for cleaning up the chemicals in the event of spills. Such instructions shall include any recommended absorbents or chemicals to be used for neutralization, if applicable, and recommended tests to be performed, such as pH, to ascertain the effectiveness of the neutralization. These instructions will be used by Water Quality Control Plant personnel m cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER shall provide two (2) classroom sessions annually encompassing a minimum of two hours, per session, of classroom instruction at the Water Quality Control Plant concerning manufacture, chemical properties, transport, safe handling and use of the chemicals being provided by SUPPLIER. SUPPLIER shall provide for all costs associated with this training.

SUPPLIER will obtain all required federal, state, or local licenses or permits for the transport of Sodium Hypochlorite.

16. Performance by Sureties. In the event of any termination as hereinbefore provided, CITY shall immediately give written notice thereof to SUPPLIER and SUPPLIER'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 SUPPLIER, 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 or supply of goods such materials, appliances, plant and other property belonging to SUPPLIER as may be on the site of the work and necessary therefor.

17. 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 69 of 763
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.

4. Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions applicable to the work being performed, with a limit no less than $2,000,000 per claim or occurrence and $2,000,000 aggregate per policy period of one year.

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

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

Additional Insured Status
The City of San Mateo and The Estero Municipal Improvement District, their 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 SUPPLIER; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the SUPPLIER 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 SUPPLIER'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 SUPPLIER’s insurance coverage shall be primary insurance as respects the City of San Mateo and The Estero Municipal Improvement District, their 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 SUPPLIER’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. 70 of 763
Waiver of Subrogation
SUPPLIER hereby grants to CITY a waiver of any right to subrogation which any insurer of said SUPPLIER may acquire against the CITY by virtue of the payment of any loss under such insurance.

SUPPLIER 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 SUPPLIER 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
SUPPLIER 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 or performance of the contract commences. However, failure to obtain the required documents prior to the work beginning shall not waive the SUPPLIER’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.

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

19. Hold Harmless and Indemnity Provision. SUPPLIER agrees to hold harmless and indemnify City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this Contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo or Estero Municipal Improvement District, their elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from the sole negligence or willful misconduct of City of San Mateo or Estero Municipal Improvement District. SUPPLIER will defend City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents, against any such claims.
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20. Remedies. In the event of SUPPLIER’s breach of this Contract, CITY may take any or all of the following actions, without prejudice to any other rights or remedies available to the CITY by law: (a) require SUPPLIER to repair or replace such goods, and upon SUPPLIER’s failure or refusal to do so, repair or replace the same at SUPPLIER’s expense; (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at SUPPLIER’s option, said return to be made at SUPPLIER’s cost and risk; (c) cancel any outstanding deliveries and treat such breach by SUPPLIER as SUPPLIER’s repudiation of this contract. In the event of the CITY’s breach hereunder, SUPPLIER’s exclusive remedy shall be SUPPLIER’s recovery of the goods or the purchase price payable for goods shipped prior to such breach.

21. Assignment. SUPPLIER shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

22. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this Contract. 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 contract 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 this Contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

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

24. Governing Law and Venue. This Contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state. In the event of litigation, venue will be in the County of San Mateo.

25. 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. 72 of 763

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

Notices required to be given to City shall be addressed follows:

Director of Public Works
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Notices required to be given to SUPPLIER shall be addressed as appears in the signature block as shown on the Bidder's Statement.

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

This document represents the entire and integrated agreement between CITY and SUPPLIER 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 SUPPLIER. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this agreement has been duly executed by the parties herein above named, as of the day and year first above written.

SUPPLIER CITY OF SAN MATEO,
a municipal corporation
_____________________________________ ________________________________________ Ken Ward Azalea Mitch
Chief Financial Officer Public Works Director
APPROVED AS TO FORM:
______________________________________ ________________________________ Amy Vermillion Linh Nguyen
Director of Commercial and Assistant City Attorney
Industrial Accounts
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PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco March 16, 2023
Hasa Inc.

Attn: Christopher Cornish
23119 Drayton St.

Saugus, CA 91530
RE: Regional Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 13- 2023 for Supply and Delivery of SODIUM HYPOCHLORITE 12.5% in the Central Valley, East Bay, Marin Sonoma Napa, North Bay, Peninsula, South Bay and Tri Valley regions, and in 275-gal totes in the North Bay region and SODIUM HYPOCHLORITE 12.5% In Drums to the North Bay region.

Dear Mr. Cornish,
We are pleased to advise you that the bid submitted by Hasa Inc. for Bid No. 13-2023 was determined to be the lowest responsive bid for the supply and delivery of SODIUM HYPOCHLORITE

12.5% in the Central Valley, East Bay, Marin Sonoma Napa, North Bay, Peninsula, South Bay and Tri Valley regions, and in 275-gal totes in the North Bay region and SODIUM HYPOCHLORITE 12.5% In Drums to the North Bay region during the period July 1, 2023 through June 30, 2024.

The participating BACC Agencies from the above regions should be contacting you shortly to discuss entering into contracts with Hasa Inc. for their respective facilities.

Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.

If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium 76 of 763
Bay Area Clean Water Agencies
Bid Results for Project 13-2023 SODIUM HYPOCHLORITE 12.5% Bid Due on February 23, 2023 4:00 PM (PDT)

REGIONAL BID AWARD
Section
SODIUM

HYPOCHLORITE

12.5% In 275-gal
totes (Optional bid
item)
Sodium Hypochlorite

12.5% In Drums
(OPTIONAL BID ITEM)
SODIUM

HYPOCHLORITE

5.25% (Optional
bid item)
Description Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley North Bay North Bay Sacramento Unit of Measure gal gal gal gal gal gal gal gal gal gal gal Olin Corporation $3.09 $2.89 $2.99 $2.99 $3.05 $2.89 $3.09 $2.99 no bid no bid $1.50 Hasa, Inc. $2.97 $2.85 $2.88 $2.81 $2.91 $2.94 $2.88 $2.69 $4.00 $4.00 $3.50 Section
SODIUM

HYPOCHLORITE

12.5% In 275-gal
totes (Optional bid
item)
Sodium Hypochlorite

12.5% In Drums
(OPTIONAL BID ITEM)
SODIUM

HYPOCHLORITE

5.25% (Optional
bid item)
Description Central Valley East Bay
Marin Sonoma
Napa North Bay Peninsula Sacramento South Bay Tri Valley North Bay North Bay Sacramento Estimated annual quantity (in gals) 1,401,000 1,963,000 1,084,200 2,173,200 940,000 1,304,400 1,370,000 975,500 2,200 3,960 95,000 Olin Corporation $4,329,090.00 $5,673,070.00 $3,241,758.00 $6,497,868.00 $2,867,000.00 $3,769,716.00 $4,233,300.00 $2,916,745.00 no bid no bid $142,500.00 Hasa, Inc. $4,156,626.90 $5,598,868.60 $3,126,832.80 $6,096,260.64 $2,736,904.00 $3,830,501.04 $3,951,354.00 $2,626,436.20 $8,800.00 $15,840.00 $332,500.00 SODIUM HYPOCHLORITE 12.5%
SODIUM HYPOCHLORITE 12.5%
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CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT

FOR SUPPLY OF SODIUM BISULFITE
FROM UNIVAR SOLUTIONS USA, INC.

JULY 1, 2023 TO JUNE 30, 2024
THIS PURCHASE AGREEMENT (“Agreement” or “Contract”), made and entered into this , by and between the CITY OF SAN MATEO, a
municipal corporation existing under the laws of the State of California, hereinafter referred to as "CITY", Univar S o l u t i o n s USA, Inc., a corporation, with offices at 8201 S. 212th, Kent, WA 98032, hereinafter referred to as "SUPPLIER".

R E C I T A L S:
(A) City has taken appropriate proceedings to authorize the purchase of certain goods, hereinafter described, and the execution of this Contract. (B) A notice was duly published for bids for the Contract for the purchase of goods hereinafter described.
(C) After notice duly given, on the date hereof, the CITY awarded the contract for the purchase of goods hereinafter described to SUPPLIER.

IT IS AGREED, as follows:

1. Scope of Work. SUPPLIER shall perform t h e work as described: SUPPLY OF UP TO 200,000 GALLONS OF SODIUM BISULFITE 25% SOLUTION.

2. Contract Price. CITY shall pay, the SUPPLIER shall accept, in full payment for the work above agreed to the sum of $404,517 (four hundred four thousand five hundred seventeen dollars and no cents), inclusive of 9.625% sales tax and priced at $1.845 per gallon of Sodium Bisulfite 25% solution.

Said price is determined by the prices contained in the Bay Area Chemical Consortium (BACC) Bid Tabulation for Bid No. 11-2023, Supply and Delivery of Sodium Bisulfite 25% Solution, Open Date: January 26, 2023 at 9:00 A.M PDT and shall be paid as described in this Contract. In the event work is performed or materials furnished in addition to or a reduction of those set forth in SUPPLIER's bid and the specifications herein, such work and materials will be paid for as described in this Agreement.

3. The Contract Documents. The complete Contract consists of the following documents:

This Contract and the BACC Bid Tabulation.

All rights and obligations of CITY and SUPPLIER are fully set forth and described in the Contract documents.

All of the above-named documents are intended to cooperate, 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. The documents comprising the complete Contract will 78 of 763
hereinafter be referred to as "the Contract documents." In the event of any variation or discrepancy between any portion of this Contract and any portion of the other Contract documents, this Contract shall prevail.

Upon receipt of this written notice, SUPPLIER shall stop performance under this Contract as directed by the CITY. If the Contract is terminated, SUPPLIER shall be paid in accordance with the terms of the Contract for goods delivered and accepted.

5. Schedule. This is a one-year contract and will cover the period between July 1, 2023 and June 30, 2024.

6. Measurement of Quantities, Material Analysis and Identification. The SUPPLIER shall furnish the Water Quality Control Plant Manager a legible copy of a Bill of Lading, Certified Analysis indicating SODIUM BISULFITE, Weighmaster's certificate of weight and any applicable regulatory documents. Certificates shall be delivered to the Water Quality Control Plant Manager's designee at the job site upon delivery and before offloading of the material.

7. Payment. Shall be made on a thirty (30) day net basis upon receipt of monthly invoices.

9. Partial and Final Payments. SUPPLIER shall submit individual invoice for each delivery of SODIUM BISULFITE to the City of San Mateo, Water Quality Control Plant, 2050 Detroit Drive, San Mateo, CA 94404. The invoice shall contain the following information:
a) Purchase order number
b) Date of delivery
c) Item description
d) Cost per gallon and total price
e) Payment terms to include any prompt payment discount offered f) All applicable sales tax

10. General Responsibilities. SUPPLIER shall keep fully informed of all existing, adopted and amended federal, state and local laws, ordinances, regulations and orders and decrees which in any manner affect those engaged or employed by SUPPLIER in the work, or the equipment used by the SUPPLIER, or which in any manner affect the conduct of the work by SUPPLIER, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in any such law, ordinance, regulation, order or decree, the SUPPLIER shall forthwith report the same to the CITY in writing. The SUPPLIER shall at all times observe and comply with 79 of 763
all such existing, adopted and amended laws, ordinances, regulations and orders.

SUPPLIER will be required to furnish and update, as necessary, a list of telephone numbers and names of responsible parties to be called on a 24-hour, 7 days per week basis in the event of an emergency or unusual operating condition.

11. Time of Delivery. SODIUM BISULFITE will be furnished F.O.B. Destination City of San Mateo Water Quality Control Plant 2050 Detroit Drive, San Mateo, CA (i.e., Seller/SUPPLIER pays freight charges, owns goods in transit and files any damage claims).

Deliveries will be made in 3,000-gallon minimum and 5,000-gallon maximum loads.

If SUPPLIER is located outside the (650) area code then it is requested to provide a toll-free telephone number for placing orders and an email address to be used by the CITY to send confirmation of order.

Deliveries of SODIUM BISULFITE will generally be prescheduled to provide the SUPPLIER with at least three (3) days’ notice before delivery must be made, but the SUPPLIER must have the ability after notification to deliver the chemical within 24 hours.

Orders will be placed by phone and confirmed by email. SUPPLIER must email a confirmation of the CITY’s order within 24 hours, unless the CITY requires delivery within 24 hours then confirmation must be made within 3 hours. In the event the SUPPLIER fails to provide the chemicals within 24 hours or other scheduled delivery timeframe and the CITY is forced to obtain the chemical from an alternative source all additional CITY cost incurred will be made good at the expense of the SUPPLIER, who agrees to pay the costs and charges immediately upon demand.

Once order is placed and confirmation received the delivery will be accepted at the CITY's Water Quality Control Plant 24-hours per day.

12. Method of Delivery. Delivery shall be by truck tank car. The SUPPLIER shall provide all unloading equipment including air padding facilities and hoses with appropriate fittings for coupling to the CITY's chemical unloading facilities. The unloading facilities have standard flange connections; exact size and types are available upon request. All shipping containers used shall conform to I.C.C. regulations.

13. Rejection. All shipments of SODIUM BISULFITE will be rejected without the following:
a) Bill of Lading
b) Certified Analysis including Total Reducing Substance (TRS) as 100% Sodium Bisulfite
c) Weighmaster's certificate of weight
d) Applicable regulatory documents
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The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have the right to inspect any or all of the goods at SUPPLIER’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or nonconformance. SUPPLIER shall be responsible for payment of shipping for the return of any defective goods. Shipping documents and invoices must cite the Purchase Order number.

SUPPLIER will obtain all required federal, state, or local licenses or permits for the transport of Sodium Bisulfite.

16. Performance by Sureties. In the event of any termination as hereinbefore provided, CITY shall immediately give written notice thereof to SUPPLIER and SUPPLIER's sureties, and the sureties shall have the right to take over and perform the Contract, 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 SUPPLIER, 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 or supply of goods, such materials, appliances, plant and other property belonging to SUPPLIER as may be on the site of the work and necessary therefor.

17. Insurance.

Coverage shall be at least as broad as:
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1. Commercial General Liability (CGL): Insurance Services Office (ISO) Form CG 00 01 12 07 covering CGL on an “occurrence” basis, including productscompleted 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.

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

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

Additional Insured Status
The City of San Mateo and The Estero Municipal Improvement District, their 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 SUPPLIER; and on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the SUPPLIER 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 SUPPLIER’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 SUPPLIER’s insurance coverage shall be primary insurance as respects the City of San Mateo and The Estero Municipal Improvement District, their elected and appointed officials, employees, and agents. Any insurance or selfinsurance maintained by the CITY, its elected and appointed officials, employees, or agents shall be excess of the SUPPLIER’s insurance and shall not contribute with it. 82 of 763
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
SUPPLIER hereby grants to CITY a waiver of any right to subrogation which any insurer of said SUPPLIER may acquire against the CITY by virtue of the payment of any loss under such insurance. SUPPLIER agrees to obtain any endorsement that may be necessary to effect this waiver of subrogation, but this provision applies regardless of whether or not the CITY has received a waiver of subrogation endorsement from the insurer.

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

Verification of Coverage
SUPPLIER 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 or performance of the Contract commences. However, failure to obtain the required documents prior to the work beginning shall not waive the SUPPLIER’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. Hold Harmless and Indemnity Provision. SUPPLIER agrees to hold harmless and indemnify City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents from and against any and all claims, loss, 83 of 763
liability, damage, and expense arising from performance of this Contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo or Estero Municipal Improvement District, their elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from the sole negligence or willful misconduct of City of San Mateo or Estero Municipal Improvement District. SUPPLIER will defend City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents, against any such claims.

21. Assignment. SUPPLIER shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

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 contract 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 this Contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

23. 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 a contract, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.

25. Provisions Cumulative. The provisions of this contract are cumulative, and in addition to and not in limitation of, any other rights or remedies available to CITY.

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

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

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

This document represents the entire and integrated agreement between CITY and SUPPLIER 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 SUPPLIER.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this contract has been duly executed by the parties hereinabove named, as of the day and year first above written.

SUPPLIER CITY OF SAN MATEO,
a municipal corporation
_____________________________________ ________________________________________ Joe Stanaway, Regional Vice President Azalea Mitch
Public Works Director
*If a Corporation, can be either 1) President or
2) Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall
sign below
ADDITIONAL CORPORATE OFFICER APPROVED AS TO FORM:
(if necessary per the above)
______________________________________ ________________________________ Shawnasey McCarthy, Municipal Linh Nguyen,
Commercial Manager Assistant City Attorney
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PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco March 16, 2023
Univar Solutions USA Inc.

Attn: Jennifer Perras
8201 S 212th St.

Kent, WA 98032
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 11-2023 for Supply and Delivery of SODIUM BISULFITE.

Dear Ms. Perras,
We are pleased to advise you that the bid submitted by Univar Solutions USA Inc. for Bid No. 11-2023 was determined to be the lowest responsive bid for the supply and delivery of SODIUM BISULFITE during the period July 1, 2023 through June 30, 2024.

The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Univar Solutions USA Inc. for their respective facilities.

Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.

If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium 89 of 763
Bay Area Clean Water Agencies
Bid Results for Project 11-2023 SODIUM BISULFITE
Bid Due on February 23, 2023 4:00 PM (PDT)

SINGLE BID AWARD
Section
Description East Bay Marin Sonoma Napa North Bay Peninsula Sacramento South Bay Central Valley East Bay Peninsula Sacramento Unit of Measure gal gal gal gal gal gal gal gal gal gal Univar Solutions USA Inc. 1.8450 1.8450 1.8450 1.8450 1.8450 1.8450 3.0450 4.2750 7.9450 2.9450 Sodium Bisulfite 25% SODIUM BISULFITE 40% Solution
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CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT

FOR SUPPLY O F FERRIC CHLORIDE FROM
KEMIRA WATER SOLUTIONS, INC.

JULY 1, 2023 TO JUNE 30, 2024
THIS PURCHASE AGREEMENT (“Agreement” or “Contract”), made and entered into this , by and between the CITY OF SAN MATEO, a
municipal corporation existing under the laws of the State of California, hereinafter referred to as "CITY”, Kemira Water Solutions Inc., a corporation, with offices at 4321 W. 6t h Street, Lawrence, KS 66049, hereinafter referred to as "SUPPLIER".

IT IS AGREED, as follows:

1. Scope of Work. SUPPLIER shall perform the work as described: SUPPLY OF up to 200 DRY TONS OF 38-42% FERRIC CHLORIDE.

2. Contract Price. CITY shall pay, a n d the SUPPLIER shall accept, in full payment for the work above agreed to, the sum of not to exceed $312,212 (three hundred twelve thousand two hundred twelve dollars and no cents), priced at $1,424 per dry ton of 38-42% Ferric Chloride, and inclusive of 9.625% sales tax.

Said price is determined by the prices contained in the Bay Area Chemical Consortium (BACC) Bid Tabulation for Bid No. 06-2023, Supply and Delivery of Ferric Chloride 38-42%, Open Date: January 26, 2023, at 9:00 A.M PDT and shall be paid as described in this Contract. In the event work is performed or materials furnished in addition to or a reduction of those set forth in SUPPLIER's bid and the specifications herein, such work and materials will be paid for as described in this Agreement.

3. The Contract Documents. The complete Contract consists of the following documents: This Contract and the BACC Bid Tabulation.

All rights and obligations of CITY and SUPPLIER are fully set forth and described in the Contract documents.
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All of the above-named documents are intended to cooperate, 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. The documents comprising the complete Contract will hereinafter be referred to as "the Contract documents." In the event of any variation or discrepancy between any portion of this Contract and any portion of the other Contract documents, this Contract shall prevail.

5. Schedule. This is a one- y e a r Contract and will cover the period between July 1, 2023 and June 30, 2024.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Water Quality Control Plant Manager a legible copy of a Bill of Lading, Certified Analysis indicating FERRIC CHLORIDE, Weighmaster's certificate of weight and any applicable regulatory documents. Certificates shall be delivered to the Water Quality Control Plant Manager designee at the job site upon delivery and before offloading of the material.

7. Payment. Shall be made on a thirty (30) day net basis upon receipt of monthly invoices.

9. Partial and Final Payments. SUPPLIER shall submit individual invoice for each delivery of FERIC CHLORIDE to the City of San Mateo, Water Quality Control Plant, 2050 Detroit Drive, San Mateo, CA 94404. The invoice shall contain the following information:
a) Purchase order number
b) Date of delivery
c) Item description
d) Cost per gallon and total price
e) Payment terms to include any prompt payment discount offered f) All applicable sales tax

If any discrepancy or inconsistency is discovered in any such law, ordinance, regulation, order or decree, SUPPLIER shall forthwith report the same to the CITY in writing. SUPPLIER shall at all times observe and comply with all such existing, adopted and amended laws, ordinances, regulations and orders.
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SUPPLIER will be required to furnish and update, as necessary, a list of telephone numbers and names of responsible parties to be called on a 24-hour, 7 days per week basis in the event of an emergency or unusual operating conditions.

11. Time of Delivery. FERRIC CHLORIDE will be furnished F.O.B. Destination City of San Mateo W a t e r Q u a l i t y C o n t r o l Plant 2050 Detroit Drive, San Mateo, CA (i.e., Seller/SUPPLIER pays freight charges, owns goods in transit and files any damage claims).

Deliveries will be made in 3,000-gallon minimum and 5,000-gallon maximum loads.

Deliveries of FERRIC CHLORIDE will generally be prescheduled to provide SUPPLIER with at least three (3) days’ notice before delivery must be made, but SUPPLIER must have the ability after notification to deliver the chemical within 24 hours.

Once order is placed and confirmation received the delivery will be accepted at the CITY's Wat e r Q u a l i t y C o n t r o l Plant 24-hours per day.

13. Rejection. All shipments of FERRIC CHLORIDE will be rejected without the following:
a) Bill of Lading
b) Certified Analysis including Total Reducing Substance (TRS) as 100% Ferric Chloride
c) Weighmaster's certificate of weight
d) Applicable regulatory documents
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have 93 of 763
the right to inspect any or all of the goods at SUPPLIER’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance.

SUPPLIER shall be responsible for payment of shipping for the return of any defective goods.

Shipping documents and invoices must cite the Purchase Order number.

All City, State, or Federal requirements for hazardous substances must be strictly adhered to.

15. Training. SUPPLIER shall provide written instructions regarding the recommended methods for cleaning up the chemicals in the event of spills. Such instructions shall include any recommended absorbents or chemicals to be used for neutralization, if applicable, and recommended tests to be performed, such as pH, to ascertain the effectiveness of the neutralization. These instructions will be used by Water Quality Control Plant personnel cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER will obtain all required federal, state, or local licenses or permits for the transport of FERRIC CHLORIDE.

17. 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 94 of 763
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.

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

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

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. 95 of 763
Waiver of Subrogation
SUPPLIER hereby grants to CITY a waiver of any right to subrogation which any insurer of said SUPPLIER may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

21. Assignment. SUPPLIER shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

25. 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. 97 of 763

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

Notices required to be given to City shall be addressed follows:

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

This document represents the entire and integrated agreement between CITY and SUPPLIER 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 SUPPLIER. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereinabove named, as of the day and year first above written.

SUPPLIER CITY OF SAN MATEO,
a municipal corporation
_____________________________________ ________________________________________ Christina Imbrogno Azalea Mitch
Commercial Support Manager Public Works Director
APPROVED AS TO FORM:
_____________________________________ ________________________________ Gayla Walker Linh Nguyen,
Commercial Support Specialist Assistant City Attorney
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PO Box 24055, MS 702 • Oakland, CA 94623 • www.bacwa.org Central Contra Costa Sanitary District • East Bay Dischargers Authority • City of San Jose • East Bay Municipal Utility District • City & County of San Francisco March 16, 2023
Kemira Water Solutions, Inc.

Attn: Christina Imbrogno
4321 W. 6th St.

Lawrence, KS, 66049
RE: Award Contract in Response to Bay Area Chemical Consortium (BACC) Bid No. 06-2023 for Supply and Delivery of FERRIC CHLORIDE.

Dear Ms. Imbrogno,
We are pleased to advise you that the bid submitted by Kemira Water Solutions, Inc. for Bid No. 06-2023 was determined to be the lowest responsive bid for the supply and delivery of FERRIC CHLORIDE during the period July 1, 2023 through June 30, 2024.

The participating BACC Agencies should be contacting you shortly to discuss entering into contracts with Kemira Water Solutions, Inc. for their respective facilities.

Bay Area Chemical Consortium sincerely appreciates your efforts and participation in the competitive bid process.

If you have any questions, please free to contact me at [email protected] Sincerely,
Jennifer Dyment
Assistant Executive Director
BACWA.org
as Coordinating Agency for the Bay Area Chemical Consortium 101 of 763
Bay Area Clean Water Agencies
Bid Results for Project 06-2023 FERRIC CHLORIDE
Bid Due on February 23, 2023 4:00 PM (PDT)

SINGLE BID AWARD
Section
Description Central Valley East Bay Marin Sonoma Napa North Bay Peninsula Sacramento South Bay Tri Valley Unit of Measure dry ton dry ton dry ton dry ton dry ton dry ton dry ton dry ton Kemira Water Solutions, Inc $1,375.00 $1,285.00 $1,498.00 $1,498.00 $1,424.00 $1,491.00 $1,415.00 $1,415.00

FERRIC CHLORIDE
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 11 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 23-7495 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 05, 2023
SUBJECT:

Wastewater Treatment Plant Supply of Liquid Emulsion Polymer – Contract RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure to award a contract to SNF Polydyne for the supply of liquid emulsion polymer in the amount of $405,613; establish a 10% contingency reserve; 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 wastewater treatment plant (WWTP, officially the Water Quality Control Plant), uses liquid emulsion polymer for dewatering biosolids. Polymer use is critical for the dewatering process. The lower the water content in the biosolids, the lower the transportation costs associated with disposal hauling.

The current supplier, SNF Polydyne, has provided a custom-blended polymer that has been tested and optimized for the WWTP’s biosolids. Staff recommends the continued use of this same polymer blend, Clarifloc WE-1273 and WE-1728, from SNF Polydyne since it performs well and produces the results needed to maintain day-to-day WWTP operations. The testing of different polymer blends from other chemical vendors would be a labor-intensive task, requiring additional performance optimization testing. San Mateo Municipal Code section 3.60.050(b) authorizes procurement without competitive bidding procedures when calling for bids is impracticable, unavailing, or impossible. A contract with SNF Polydyne is appropriate pursuant to these standards since SNF Polydyne is the sole-source provider of its polymer blend, Clarifoc WE-1273 and WE-1728, which has shown superior performance results. Therefore, staff recommends Council adopt a resolution (Attachment 1) to approve an alternative purchasing procedure and award a contract to SNF Polydyne for supplying polymer.

The contract includes the supply and delivery of 200,000 lbs of the chemical product.

Contractor Bid Amount Contract Amount*
SNF Polydyne $1.85/lb $370,000
*Amount does not include 9.625% sales tax, please see recommendation for amount including sales tax.

The unit price quote for SNF Polydyne is $1.85 per pound. The term of the contract is 12 months, and the price is to remain firm for the entire period. Including sales tax and tariff, the total cost to the City is approximately $405,613.

BUDGET IMPACT:

There are sufficient funds for this agreement in the Fund 72 Sewer Enterprise operating budget for fiscal year 2023-24. 103 of 763

CITY OF SAN MATEO
ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Contract
Att 3 – Polydyne Quote
Att 4 – Sole Source Letter

STAFF CONTACT
Michael Sutter, Operations Superintendent
[email protected]
650-522-7376
Robert Learmonth, Plant Manager
[email protected]
650-522-7386
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CITY OF SAN MATEO
RESOLUTION NO. (2023)

APPROVING ALTERNATIVE PURCHASING PROCEDURE FOR AN

AGREEMENT WITH SNF POLYDYNE FOR SUPPLY OF LIQUID EMULSION POLYMER WHEREAS, the Wastewater Treatment Plant, officially known as the Water Quality Control Plant, uses Liquid Emulsion Polymer for the dewatering of biosolids; and WHEREAS, SNF Polydyne provides a custom-blended polymer tested and optimized for the plant’s biosolids; and
WHEREAS, SNF Polydyne is a sole source provider of the custom-blended polymer; and WHEREAS, retesting of polymer blends from other chemical vendors would be a labor-intensive task, requiring additional performance optimization testing; and WHEREAS, in accordance with Municipal Code section 3.60.050 (b) agreements may be awarded without competitive bids if calling for bids would be impracticable, unavailing or impossible and the City Council sets forth findings designating the reasons; and
WHEREAS, City staff recommends approval of the agreement with SNF Polydyne for the supply of Liquid Emulsion Polymer; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN MATEO, CALIFORNIA, HEREBY FINDS and RESOLVES that:

1. This Council action is not a project subject to CEQA, because it is a continuing maintenance activity involving the purchase of supplies and a government fiscal activity which does not involve any commitment to any specific project which may result in a potential significant physical impact on the environment (CEQA Guidelines Sections 15378(b)(2); 15378(b)(4)).

2. In accordance with Municipal Code section 3.60.050 (b), calling for bids would be impracticable because:
a) A custom-blended polymer has been tested and optimized for the plant’s biosolids; b) SNF Polydyne is the only provider of this custom-blended polymer; and c) Retesting of different polymer blends would be labor-intensive, requiring additional optimization.

3. The agreement with SNF Polydyne, for the supply of liquid emulsion polymer, in the amount not to exceed of $405,613 is approved.

4. The Public Works Director is authorized to execute the agreement in substantially the form submitted, on behalf of the City.
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CITY OF SAN MATEO, CALIFORNIA

PURCHASE CONTRACT

FOR SUPPLY OF POLYMER FROM SNF

POLYDYNE
JULY 1, 2023 TO JUNE 30, 2024
THIS PURCHASE AGREEMENT (“Agreement” or “Contract”), made and entered into this , by and between the CITY OF SAN MATEO, a
municipal corporation existing under the laws of the State of California, hereinafter referred to as "CITY", S N F P o l y d y n e , a corporation, with office 1 Chemical Plant Road, Riceboro GA 31323, hereinafter referred to as "SUPPLIER".

RECITALS
(A) CITY has taken appropriate proceedings to authorize the purchase of certain goods, hereinafter described, and the execution of this Contract. (B) CITY desires to engage SUPPLIER to provide these liquid emulsion polymers by reason of its qualifications and experience and SUPPLIER has offered to provide the required good on the terms and in the manner set forth within.

IT IS AGREED, as follows:

1. Scope of Work. SUPPLIER shall perform the work as described: SUPPLY OF UP TO 200,000 POUNDS OF LIQUID EMULISION POLYMER.

2. Contract Price. CITY shall pay, a n d the SUPPLIER shall accept, in full payment for the work above agreed to, the sum of not to exceed $405,613 (four hundred five thousand six hundred thirteen dollars and no cents), priced at $1.85 per pound of liquid emulsion polymer, and inclusive of 9.625% sales tax and tariff fees.

In the event work is performed or materials furnished in addition to or a reduction of those set forth in SUPPLIER's bid and the specifications herein, such work and materials will be paid for as described in this Agreement.

3. The Contract Documents. The complete Contract consists of the following documents: This Contract, Contract Resolution, and Sole Source Letter.

All rights and obligations of CITY and SUPPLIER are fully set forth and described in the Contract documents.

All of the above-named documents are intended to cooperate, so that any work called for 106 of 763
in one, and not mentioned in the other, or vice versa, is to be executed the same as if mentioned in all said documents. The documents comprising the complete Contract will hereinafter be referred to as "the Contract documents." In the event of any variation or discrepancy between any portion of this Contract and any portion of the other Contract documents, this Contract shall prevail.

5. Schedule. This is a one- y e a r Contract and will cover the period between July 1, 2023 and June 30, 2024.

6. Measurement of Quantities, Material Analysis and Identification. SUPPLIER shall furnish the Water Quality Control Plant Manager a legible copy of a Bill of Lading, Certified Analysis indicating LIQUID EMULSION POLYMER, Weighmaster's certificate of weight and any applicable regulatory documents. Certificates shall be delivered to the Water Quality Control Plant Manager' designee at the job site upon delivery and before offloading of the material.

7. Payment. Shall be made on a thirty (30) day net basis upon receipt of monthly invoices.

9. Partial and Final Payments. SUPPLIER shall submit individual invoice for each delivery of LIQUID EMULSION POLYMER to the City of San Mateo, Wa t e r Q u a l i t y C o n t r o l Plant, 2050 Detroit Drive, San Mateo, CA 94404. The invoice shall contain the following information:
a) Purchase order number
b) Date of delivery
c) Item description
d) Cost per gallon and total price
e) Payment terms to include any prompt payment discount offered f) All applicable sales tax

If any discrepancy or inconsistency is discovered in any such law, ordinance, regulation, order or decree, SUPPLIER shall forthwith report the same to the CITY in writing. SUPPLIER shall at all times observe and comply with all such existing, adopted and amended laws, ordinances, regulations and orders.
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SUPPLIER will be required to furnish and update, as necessary, a list of telephone numbers and names of responsible parties to be called on a 24-hour, 7 days per week basis in the event of an emergency or unusual operating condition.

11. Time of Delivery. LIQUID EMULSION POLYMER will be furnished F.O.B. Destination City of San Mateo Water Quality Control Plant 2050 Detroit Drive, San Mateo, CA (i.e., Seller/SUPPLIER pays freight charges, owns goods in transit and files any damage claims).

Deliveries will be made in 275-gallon totes.

Deliveries of LIQUID EMULSION POLYMER will generally be prescheduled to provide SUPPLIER with at least three (3) days’ notice before delivery must be made, but SUPPLIER must have the ability after notification to deliver the chemical within 24 hours.

Once order is placed and confirmation received the delivery will be accepted at the CITY's Water Quality Control Plant 24-hours per day.

12. Rejection. All shipments of LIQUID EMULSION POLYMER will be rejected without the following:
a) Bill of Lading
b) Certified Analysis including Total Reducing Substance (TRS) as 100% Liquid emulsion polymer
c) Weighmaster's certificate of weight
d) Applicable regulatory documents
The CITY may revise shipping instructions as to any goods not as yet shipped. The CITY shall have 108 of 763
the right to inspect any or all of the goods at SUPPLIER’s place of business or upon receipt by the CITY. By reason of its failure to inspect the goods, the CITY shall not be deemed to have accepted any defective goods or goods which do not conform to the specifications provided or to have waived any of the CITY’s rights or remedies arising by virtue of such defects or non-conformance.

SUPPLIER shall be responsible for payment of shipping for the return of any defective goods.

Shipping documents and invoices must cite the Purchase Order number.

13. Material Safety Data Sheet. Each bidder must furnish a copy of a completed M.S.D.S. (Material Safety Data Sheet) with its bid and annually thereafter. Failure to furnish a completed M.S.D.S. form will result in rejection of the bid. The CITY has a preference for the M.S.D.S. to be submitted in electronic format. The CITY also requires the M.S.D.S. to be sent to the receiving location if the product supplied is considered to be a hazardous substance.

All City, State, or Federal requirements for hazardous substances must be strictly adhered to.

14. Training. SUPPLIER shall provide written instructions regarding the recommended methods for cleaning up the chemicals in the event of spills. Such instructions shall include any recommended absorbents or chemicals to be used for neutralization, if applicable, and recommended tests to be performed, such as pH, to ascertain the effectiveness of the neutralization. These instructions will be used by water quality control plant personnel m cleaning up small spills associated with leaks in pumps, valves and other appurtenances.

SUPPLIER shall provide two (2) classroom sessions annually encompassing a minimum of two hours, per session, of classroom instruction at the water quality control plant concerning manufacture, chemical properties, transport, safe handling and use of the chemicals being provided by SUPPLIER. SUPPLIER shall provide for all costs associated with this training.

SUPPLIER will obtain all required federal, state, or local licenses or permits for the transport of liquid emulsion polymer.

15. Performance by Sureties. In the event of any termination as hereinbefore provided, CITY shall immediately give written notice thereof to SUPPLIER and SUPPLIER'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 SUPPLIER, 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 or supply of goods such materials, appliances, plant and other property belonging to SUPPLIER as may be on the site of the work and necessary therefor.

16. 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 109 of 763
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.

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

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

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. 110 of 763
Waiver of Subrogation
SUPPLIER hereby grants to CITY a waiver of any right to subrogation which any insurer of said SUPPLIER may acquire against the CITY by virtue of the payment of any loss under such insurance.

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

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

18. Hold Harmless and Indemnity Provision. SUPPLIER agrees to hold harmless and indemnify City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising from performance of this Contract, including claims, loss, liability, damage, and expense caused or claimed to be caused by passive negligence of City of San Mateo or Estero Municipal Improvement District, their elected and appointed officials, employees, and agents; provided, however that this provision does not apply to claims, loss, liability, damage or expense arising from the sole negligence or willful misconduct of City of San Mateo or Estero Municipal Improvement District. SUPPLIER will defend City of San Mateo and Estero Municipal Improvement District, their elected and appointed officials, employees, and agents, against any such claims.
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19. Remedies. In the event of SUPPLIER’s breach of this Contract, CITY may take any or all of the following actions, without prejudice to any other rights or remedies available to the CITY by law: (a) require SUPPLIER to repair or replace such goods, and upon SUPPLIER’s failure or refusal to do so, repair or replace the same at SUPPLIER’s expense; (b) reject any shipment or delivery containing defective or nonconforming goods and return for credit or replacement at SUPPLIER’s option, said return to be made at SUPPLIER’s cost and risk; (c) cancel any outstanding deliveries and treat such breach by SUPPLIER as SUPPLIER’s repudiation of this contract. In the event of the CITY’s breach hereunder, SUPPLIER’s exclusive remedy shall be SUPPLIER’s recovery of the goods or the purchase price payable for goods shipped prior to such breach.

20. Assignment. SUPPLIER shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

21. Attorney Fees. Attorney fees in amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by prevailing party in any action or actions to enforce the provisions of this Contract. 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 contract 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 this Contract. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

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

23. Governing Law and Venue. This Contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state. In the event of litigation, venue will be in the County of San Mateo.

24. 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. 112 of 763

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

Notices required to be given to City shall be addressed follows:

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

This document represents the entire and integrated agreement between CITY and SUPPLIER 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 SUPPLIER. [SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, this agreement has been duly executed by the parties hereinabove named, as of the day and year first above written.

SUPPLIER CITY OF SAN MATEO,
a municipal corporation
_____________________________________ ________________________________________ Marc Schlag, Vice President Azalea Mitch
Public Works Director
*If a Corporation, can be either 1) President or
2) Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall
sign below
APPROVED AS TO FORM:
________________________________
Linh Nguyen,
Assistant City Attorney
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polydyne.snf.com
Emailed to: [email protected]
March 3, 2023
Mr. Mike Sutter
WWTP Operations Superintendent/Public Works
City of San Mateo
City of San Mateo WWTP
2500 Detroit Drive
San Mateo, CA 94404
Subject: Price Quote Justification for ClariflocTM Polymers Dear Mr. Sutter:

Thank you for your business. Polydyne Inc. continues to experience rising costs and tight supplies of key raw materials and transportation services. We continue to strive to find inexpensive sources for our raw materials. However, we can no longer absorb these higher costs and meet the strong market demand for our products. Below is a Federal index that shows the cost of chemicals over the last year is up over 22%.

As you can see, the price increase that we are asking for is far below that of the increase in the Federal index.

As a result, we must pass a portion of these increases on to you, our valued customer.

The price for the product below will be effective April 1st, 2023 through June 30th, 2024.

PRODUCT UNIT PRICE PACKAGE
CLARIFLOCTM WE-1273 $1.85/LB. DELIVERED* 2300 LB. TOTES CLARIFLOCTM WE-1728 $1.85/LB. DELIVERED* 2300 LB. TOTES *Applicable taxes will appear as a separate line item on invoices.

Payment Terms: Net 30 days, No Discounts.

Thank you for your business. If you have any questions or need additional information, please contact Charles Scott, Technical Sales Representative at (360) 931-5566, or Sarah Ben-Yoseph, Technical Service Representative at (415) 404-2138. Your Customer Service Representative is Alexander Smiley. You can reach Mr. Smiley by calling (800) 848-7659, Ext. 8731, or by email to [email protected].

Best regards,
Sarah Ben-Yoseph
Technical Service Representative Attachments
SNF Polydyne • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659 116 of 763
2/27/23, 11:31 AM Bureau of Labor Statistics Data
U.S. BUREAU OF LABOR STATISTICS
Databases, Tables & Calculators by Subject
Change Output Options: From: 2019 To: 2023
include graphs include annual averages
Data extracted on: February 27, 2023 (2:31:20 PM)
PPI Commodity Data
Series Id:

Seasonally Adjusted
Series Title: PPI Commodity data for Chemicals and allied products-Basic inorganic chemicals, seasonally adjusted WPS0613
Group:

Item:

Base Date:

Chemicals and allied products
Basic inorganic chemicals
198200
Download:

Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec
No Data Available for selected year(s)
Series Id: WPU0613
Not Seasonally Adjusted
Series Title: PPI Commodity data for Chemicals and allied products-Basic inorganic chemicals, not seasonally adjusted Group:

Item:

Base Date:

Chemicals and allied products
Basic inorganic chemicals
198200
Download:

Year
2019
2020
2021
2022
Jan Feb Mar Apr May Jun
278.2
269.2
Jul
278.0
272.9
Aug
278.7
273.1
Sep
278.9
273.9
Oct
279.5
275.3
Nov
278.1
273.8
Dec
276.6
274.0
281.1
275.1
275.7
282.2
273.7
275.6
283.3
270.1
278.1
281.0
268.3
281.2
279.5
268.0
285.2 288.4 294.680 299.203 300.891 302.271 305.697 311.590 324.211 333.377 337.710 346.553 362.374 367.379 383.504 384.236 388.317 393.998(P) 389.049(P) 389.605(P) 2023 396.694(P)
P : Preliminary. All indexes are subject to monthly revisions up to four months aꢀer original publication. +22.4
U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202-691-5200 Telecommunications Relay Service:7-1-1 www.bls.gov Contact Us https://data.bls.gov/pdq/SurveyOutputServlet 1/1
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3/3/23, 1:34 PM Bureau of Labor Statistics Data
U.S. BUREAU OF LABOR STATISTICS
Databases, Tables & Calculators by Subject
Change Output Options: From: 2019 To: 2022
include graphs include annual averages
Data extracted on: March 3, 2023 (4:33:37 PM)
PPI Industry Data
Series Id: PCU32561332561302
Series Title: PPI industry data for Surface active agent manufacturing-Surfactants (bulk surface active agents), not seasonally adjusted Industry:

Product:

Base Date:

Surface active agent manufacturing
Surfactants (bulk surface active agents)
198312
Download:

Year
2019
2020
2021
Jan Feb Mar Apr May Jun
310.1
291.2
Jul
312.6
299.6
Aug
310.9
301.7
Sep
307.3
301.7
Oct
308.3
304.2
Nov
308.6
305.3
Dec
308.7
315.7
323.4
305.9
310.9
321.1
307.6
315.5
315.0
303.9
323.7
312.0
308.0
335.0
312.4
297.3
341.9 353.8 359.995 360.564 365.007 376.993 374.787 379.901 2022 392.992 395.812 395.887 405.440 410.205 409.612 422.643 429.224 417.186 411.247(P) 411.247(P) 420.760(P) P : Preliminary. All indexes are subject to monthly revisions up to four months aꢀer original publication. +10.8
U.S. BUREAU OF LABOR STATISTICS Postal Square Building 2 Massachusetts Avenue NE Washington, DC 20212-0001 Telephone:1-202-691-5200 Telecommunications Relay Service:7-1-1 www.bls.gov Contact Us https://data.bls.gov/pdq/SurveyOutputServlet 1/1
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PPI: General Freight Trucking, Long-Distance Truckload
240.00
YOY Avg. 20.3%
220.00
200.00
180.00
160.00
140.00
120.00
100.00
2021 2022 2023
https://fred.stlouisfed.org/series/PCU484121484121#0
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Raw Materials Price Graph
$0.9000
$0.8000
$0.7000
$0.6000
$0.5000
$0.4000
$0.3000
$0.2000
$0.1000
$-
YOY Avg. +77.5%
YOY Avg. +40.2%
Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Jan 2021 2022 2023
Ammonia Caustic
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polydyne.snf.com
SNF Polydyne • 1 Chemical Plant Road • Riceboro, GA 31323 USA • Tel 800.848.7659 April 18, 2023
Mr. Mike Sutter
WWTP Operations Superintendent/Public Works
City of San Mateo
City of San Mateo WWTP
2500 Detroit Drive
San Mateo, CA 94404
SUBJECT: Sole Source Proposal
Dear Mr. Sutter,
Please accept this letter as Polydyne Inc.’s proposal that we are the sole source manufacturer and supplier of the following product supplied to the City of San Mateo:

CLARIFLOC™ WE-1273
A sole source declaration is a frequently used method by which municipal customers can secure the purchase of goods that have proven efficacy in their process and cannot be obtain from any other source.

The above-named CLARIFLOC™ polymers have a molecular structure, molecular weight, and particular raw material components that are unique to Polydyne’s CLARIFLOC™ product line.

CLARIFLOC™ is Polydyne’s trademark and no other vendor is authorized to supply these products.

For the period of April 1st, 2023 through June 30th, 2024 Polydyne Inc. shall commit to manufacture, maintain inventory, and supply the City of San Mateo with CLARIFLOCTM WE-1273, or a similar CLARIFLOCTM polymer at the price of $1.85 per pound.

Thank you for your business. If you have any questions or need additional information, please contact Charles Scott, Technical Sales Representative, at (360) 931-5566, or Sarah Ben-Yoseph, Technical Service Representative, at (415) 404-2138.

Best regards,
Sarah Ben-Yoseph
Technical Service Representative
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 72-4674 File ID: 23-7594 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 5, 2023
SUBJECT:

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

Approve Amendment No. 5 to the professional services agreement with HDR Engineering, Inc. to provide engineering services during construction for the Wastewater Treatment Plant Immediate Action Projects Package III Project and increase the budget by $422,000, for a total amount not to exceed $1,521,495; increase the contingency reserve by an amount of $42,000; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The Clean Water Program (CWP) includes a variety of capital improvement projects to rehabilitate and upgrade the Wastewater Treatment Plant (officially the Water Quality Control Plan). The Wastewater Treatment Plant Immediate Action Projects, Package III Project (IAP-III) is a component of the CWP and includes improvements to the Wastewater Treatment Plant’s (WWTP) effluent pump station, site waste pump station, and plant-wide mechanical and electrical equipment, as well as replacement of effluent flowmeters and sludge heating and recirculation piping. The project is part of the CWP’s efforts to modernize the existing WWTP and maintain safe and reliable operations.

IAP-III engineering services were planned to be executed in three phases: Phase 1 - Project Analyses, Phase 2 – Detailed Design and Bid Phase Services, and Phase 3 – Engineering Services during Construction. On September 16, 2019, Council awarded the professional services agreement to HDR to proceed with Phase 1 activities.

On November 2, 2020, City Council approved Amendment No. 1 for HDR to complete Phase 2. During Phase 2, the City issued two more amendments to include scope for additional improvements and to optimize coordination with the larger WWTP Upgrade & Expansion project, which is already under construction. Amendment No. 2 added design services for replacement of effluent flowmeters and sludge heating and recirculation piping, which were required for operational reliability. Amendment No. 3 resulted in removing a portion of the electrical improvements from the IAP-III scope to be transferred into the WWTP Upgrade & Expansion project to mitigate any construction sequencing risks and issues between the two projects during construction. Both Amendments No. 2 and 3 were no-cost-increase amendments as HDR estimated they can complete the additional scope within the existing contract amount.

In April 2022, the IAP-III Project was advertised for competitive bids, with only a single bid submitted. The bid of $19,880,000 was 64 percent higher than HDR’s estimate of $12,131,000. On June 20, 2022, Council adopted a resolution to reject the bid and authorize staff to negotiate with the bidder. A contingency-funded Amendment No. 4 was executed for HDR to provide support during negotiations, update the design as needed, and to support the bid phase for a second time.

The negotiations with the bidder ultimately did not meet the City’s goals for a negotiated contract, which resulted in HDR supporting the City to revise the contract documents and re-advertise the project. 122 of 763

CITY OF SAN MATEO
In February 2023, the revised contract documents were re-advertised for bid with an updated HDR estimate of $15,248,000, which had increased from their previous estimate due to market conditions. In April 2023, three bid proposals were received with a low bid of $11,344,696, which was approximately 25 percent below HDR’s updated estimate. On May 15, 2023, Council awarded the construction contract to the low bidder.

The proposed Amendment No. 5 requests budget and scope for HDR to provide Phase 3 engineering services during construction, which includes reviews of submittals and requests for information, site visits, construction meeting support, design clarification notices, documentation management, start-up and commissioning, and as-built/record drawings.

HDR submitted an initial proposal to provide engineering services during construction. Staff reviewed and negotiated the scope and fee to a level that is reasonable for the scope of work and expertise required. In addition, the negotiated fee includes funding to address a fee gap associated with the Phase 2 Detailed Design phase services provided by HDR. Staff recommends approving Amendment No. 5 with HDR for a not-to-exceed amount of $422,000 and an increase of $42,000 to the contingency reserve to address unknown risks or changes needed to complete the work.

BUDGET IMPACT:

The WWTP IAP-III Project (46t010) has sufficient budget available to fund Amendment No. 5. The proposed amendment and the prior approved agreement and amendments are summarized in the table below:

Agreement/Amendments Contingency
Amount Cumulative
Total Added Balance
Agreement (Project Analyses) $217,932 $217,932 $22,000 $22,000 Amendment 1 (Detailed Design and Bid Support) $801,563 $1,019,495 $60,000 $82,000 Amendment 2 (Added Design Scope) $0 $1,019,495 $0 $82,000 Amendment 3 (Electrical Scope Split) $0 $1,019,495 $0 $82,000 Amendment 4 (Negotiation, Design, and Bid Support) $80,000 $1,099,495 ($80,000) $2,000 Amendment 5 (Engineering Services during Construction) $422,000 $1,521,495 $42,000 $44,000 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). Council on June 6, 2016, certified the PEIR. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for the implementation of the Clean Water Program. The City prepared Addenda to the Final PEIR that was 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.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Amendment No. 5

STAFF CONTACT
Deryk Daquigan, Engineering Manager
[email protected]
(650) 522-7287
Azalea Mitch, Director of Public Works
[email protected]
(650) 522-7303
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AMENDMENT NO. 5 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
HDR ENGINEERING, INC. FOR
IMMEDIATE ACTION PROJECTS, PACKAGE 3
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and HDR ENGINEERING, INC. (“CONSULTANT”), entered into an Agreement for Immediate Action Projects, Package 3 (“Agreement”) on September 26, 2019; and
WHEREAS, City and CONSULTANT, wish to amend the Agreement to adjust the scope, term, and payment for professional design services.

NOW, THEREFORE, the parties agree as follows:

1. 2.

Section 1 – The Scope of the Project is amended to reference Exhibits A, A1, A2, A3, A4 and A5. Exhibit A5 is attached and incorporated for reference.

Section 7 – Term, Progress and Completion of the Agreement is amended as follows:
“The services to be performed under this Agreement shall be completed by April 30, 2025.”

3. 4.

Section 8 – Payment of this Agreement is amended to reference Exhibit C, C1, C2, C3, C4 and C5. The cost and fee of this project shall increase by $422,000 for a not-to-exceed amount of $1,521,495. Exhibit C5 is attached and incorporated for reference.

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

IN WITNESS WHEREOF, CITY OF SAN MATEO and HDR ENGINEERING, INC. have executed this Amendment on ___________________.

CITY OF SAN MATEO HDR ENGINEERING, INC.
______________________________
Azalea Mitch, Public Works Director
___________________________________
Holly Kennedy, Northern California Area Operations Manager Date: ____________________ Date: ____________________
_____________________________
Linh P. Nguyen, Assistant City Attorney
Date: ____________________
___________________________________
Kip Field, Regional Director of Operations - Southwest
Date: ____________________
1 124 of 763
Exhibit A5
Scope of Services
City of San Mateo Clean Water Program
Immediate Action Project 3 (IAP-3)
Phase 3 - Engineering Services during Construction
The following scope of work involves engineering services during construction for the City of San Mateo (City) Clean Water Program (CWP) IAP-3 (Project) located at the San Mateo/Estero Municipal Improvement District (EMID) Wastewater Treatment Plant.

PROJECT DESCRIPTION
The Project includes the following upgrades and improvements:
.
.
.
.
.
.
.
.
.
.

New pump at Effluent Pump Station 2 (EPS2), including piping from the chlorine contact tanks.

Structural and architectural modifications at the Effluent Pump Station 1 (EPS1) building.

New flow meters between the chlorine contact tanks and EPS1 and EPS2.

New site waste pump station and associated equipment and piping.

HVAC modifications at four existing treatment facilities.

Centrate recirculation system inside the Solids Handling Building.

New electrical gear located in EPS1.

New electrical service to new pumping equipment.

Miscellaneous site work including piping and grading and paving improvements.

Digested sludge recirculation piping replacement.

HDR’s engineering services during construction for IAP-3 are based upon a construction duration of approximately 22 months. The schedule assumes construction will be completed by January 2025.

The construction schedule is based on two notice to proceeds (NTPs) for the contractor. NTP 1 shall be for equipment procurement and NTP 2 shall be for the construction activities.

This Amendment also adds a City and HDR negotiated budget to address a fee gap associated with the previously executed scope of work.

Refer to Exhibit C5 - Estimated Work Effort and Cost for the labor and expenses cost associated with this scope of services.
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Task 4 – Final Design
City and HDR negotiated additional fees to address the budget gap associated with the previously executed scope of work. This fee addresses design services associated with the new flow meters, digester piping replacement, and electrical scope splits that were previously added as scope in Amendments 2 and 3.

Task 7 – Engineering Services During Construction
Subtask 7.1 – Project Management
To provide a single point of communication representing the entire HDR design team, and to provide continuity from the design team throughout the duration of construction (18 months), HDR will provide project management services for the duration of the construction phase. Project management activities include the following:
. Preparing and submitting monthly progress reports that include a narrative of the work completed by task, upcoming work, project issues, budget and schedule status, potential scope or budget changes, and other important information. The project coordinator will assist with preparing monthly progress reports.
. Preparing and submitting monthly invoices that document the hours and billing rates for staff for each task in the work breakdown structure (WBS), as well as overhead, profit, and direct costs.

The current and previous billing period invoicing, as well as a summary of the budget spent, projected physical percent completed, and remaining cost to complete will be included in the monthly invoices.

Deliverables:
.
.

Monthly invoices and progress reports in PDF format.

Comments and input on meeting agendas and minutes.

Subtask 7.2 – Meetings
HDR will attend and participate in the following meetings during the construction period.

Preconstruction Meeting
HDR will attend and participate in the preconstruction meeting with the Contractor, CWP, and City prior to commencement of work at the site. It is assumed that the CWP will lead the meeting, prepare the required materials, and prepare and distribute meeting minutes. One HDR team member will attend the two-hour virtual preconstruction meeting.

Deliverables: None.

Bi-Weekly Progress Meetings
HDR will attend and participate in weekly progress meetings during construction. It is assumed the CWP will lead the meeting, prepare the required materials, and prepare and distribute meeting minutes.
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Follow-up telephone calls with the construction management team may be required to reconcile requests for information (RFIs) and submittals.

HDR will participate in up to 36 progress meetings when construction activity is taking place via telephone or virtually via computer. The budget for this task is based on meeting durations assumed to be one hour, including preparation and follow-up and it is assumed that meeting materials and notes will be developed by others. Number of meetings based on 1 meeting per month for the first 8 months and biweekly meetings for the last 14 months.

Deliverables: Comments on Owner’s Representative or Contractor-prepared meeting minutes.

Subtask 7.3 – Site Visits
The following site visits are anticipated:

Periodic Site Visits from Design Team
HDR design team members will make periodic site visits covering work such as structural, electrical, mechanical equipment placement, instrumentation and control (I&C), site civil, and other technical disciplines related to key design issues.

For each site visit, HDR team members will take photographs and will prepare a site visit report that documents the purpose and outcome of the site visit, a punch list of outstanding issues or items for correction, and ultimately a recommendation as to the pass/failure of the system/equipment based on the criteria outlined during the site visit.

Assumptions:
.
.

Up to six site visits.

One HDR team member will attend each eight-hour site visit.

Deliverables:
. Site visit report in PDF format with photos.

Substantial Completion Visit
HDR’s team will make one site visit at the substantial completion project milestone identified by the CWP and Contractor. CWP will prepare a list of items to be completed or corrected.

HDR’s team will review the list for concurrence, including the I&C system startup punch lists based on observations during onsite testing. Up to three HDR team members will attend the eight-hour substantial completion visit.

HDR will take photographs and will prepare a site visit report that documents the purpose and outcome of the site visit, a punch list of outstanding issues or items for correction, and ultimately a recommendation as to the pass/failure of the system/equipment based on the criteria outlined during the site visit.

Deliverables: Site visit report in PDF format.

Expense assumptions for site visits for HDR staff are as follows:
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.
.
$150 estimated total cost per trip per person from Walnut Creek, complying with GSA rates for San Mateo, California. Up to two visits.
$300 estimated total cost per trip per person from Folsom, complying with GSA rates for San Mateo, California. Up to five visits.

Subtask 7.4 – Technical Submittals
HDR will review the Contractor’s submittals, including shop drawings and operations and maintenance (O&M) manuals, as required by the technical specifications, for work related to HDR’s scope of design services. HDR will review and accept the Contractor’s submittals, such as shop drawings, product data, samples, and other data, for the limited purpose of checking for conformance with the design concept and the information expressed in the contract documents. This review will not include review of the accuracy or completeness of details, such as quantities, dimensions, weights or gauges, fabrication process, construction means or methods, coordination of the work with other trades, or construction safety precautions, all of which are the sole responsibility of the Contractor. Review of a specific item will not indicate that HDR has reviewed the entire assembly of which the item is a component. HDR will not be responsible for any deviations from the contract documents not brought to the attention of HDR in writing by the Contractor. HDR will not be required to review partial submissions nor those for which submissions of correlated items have not been received.

Up to 6 engineering hours are budgeted for each submittal. A 50 percent resubmission rate and up to 3 engineering hours per resubmittal is also assumed. Up to 10 working days are budgeted to respond to submittals.

Deliverables:
. Up to 80 submittals and 40 resubmittals.

Subtask 7.5 –RFIs and Clarifications
HDR will review RFIs received from the Contractor and will evaluate the acceptability of substitute materials and equipment.

HDR will answer questions and provide written interpretations of the requirements of the contract documents. Such clarifications and interpretations will be consistent with the intent of, and reasonably inferable from, the contract drawings and specifications.

Up to four engineering hours are budgeted for each RFI. Up to five working days to respond to RFIs.

Deliverables:
. Up to 160 RFIs.

Subtask 7.6 – Design Clarifications (DCs)
HDR will provide additional design-related assistance during the construction phase in the form of DCNs, which may include the following items:
 Design of additional wastewater treatment plant facilities or modifications added to the Project by the City;
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

Evaluation of potential value engineering or cost reduction ideas proposed by the City, CWP, or Contractor and their subcontractors; and
Preparation of technical exhibits requested by City, CWP, utilities, or regulatory agencies.

Up to six engineering hours are budgeted per each design clarification notice. Up to 10 DCNs are budgeted.

Assumption:
. Edits to the drawings will be in PDF format and edits to the specifications will also be in PDF format, but will include tracked changes to highlight the changes.

Deliverables: Design drawings, specification modifications/additions, technical memoranda, and technical exhibits.

Subtask 7.7 – Documentation Management
A document management system (Procore) will be used to manage, track, and store relevant documents created by the Contractor, CWP, and City. Procore will be used exclusively to document and transmit submittal reviews, RFI responses, correspondence, inspection and testing reports, and other project-related documentation.

HDR will receive, internally distribute, track, and return shop drawings, other submittals, and documents from the Contractor in accordance with the procedures set forth in the Project’s construction management plan.

Deliverables: Procore data and reports.

Subtask 7.8 - Startup/Commissioning Assistance
HDR will assist the CWP, Contractor, and City in the startup and commissioning of new unit processes and auxiliary systems. The Contractor shall lead the Startup and Commissioning development. The CWP will oversee clean water checkout of new unit processes and auxiliary systems. HDR shall assist with the process portion of the Startup and Commissioning process and provide close coordination with the Contractor and CWP. Acting as Owner’s Engineer during Startup and Commissioning, HDR will perform the following tasks:

Startup and Commissioning Plan
o
o
o
o
HDR will communicate expectations to CWP and the Contractor on the structure and content of the Startup and Commissioning Plan.

HDR will review and comment on drafts of the Startup and Commissioning Plan that are prepared by CWP and the Contractor.

HDR will provide its approval of the Startup and Commissioning Plan when it meets the Project’s needs.

HDR will review and approve all modifications to the Startup and Commissioning Plan. 23-10194130 4/26/23 Page A-5
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Equipment Commissioning
HDR will monitor progress of activities according to the approved Startup and Commissioning Plan. It will be the responsibility of CWP and the Contractor to successfully complete all activities of the equipment commissioning. The Equipment Commissioning phase will conclude with the successful completion of a System Test, which will loop clean water throughout all the new assets of the Project. Details of these requirements will be in the approved Startup and Commissioning Plan.

Processes Covered Under Startup and Commissioning
HDR’s lead designers will support startup at the individual process unit level and at the facility level to make sure processes work well together. It is assumed that the following unit processes will be tested, started up, and commissioned:
o
o
o
o
o
EPS2 pumps
Site Waste Pump Station
Centrate Recirculation System
I&C and SCADA System
Electrical Service and Distribution
Expense assumptions for the startup and commissioning assistance are as follows:
. Per diem per day for lodging, meals, and incidentals, complying with GSA rates for San Mateo, California ($325/day is assumed in Exhibit C5).

Deliverables:
. Review comments on the Contractor’s commissioning plan.

Subtask 7.9 – As-Built/Record Drawings
HDR will prepare a set of record drawings showing record information considered significant by HDR and based on the drawings, shop drawings, and other record documents provided by the Contractor, and which were annotated by the Contractor’s staff, Contractor’s subcontractors, or suppliers to show changes made during construction, relative to the issued for construction drawings. HDR will not be responsible for any errors or omissions in the information provided that is incorporated in the record drawings or other record documents.

Deliverables:
. Full-size (22” x 34”) set of drawings in both AutoCAD and PDF formats, after receipt of field markups from the Contractor.
. Two half-size (11” x 17”) bound sets of record drawings. 23-10194130 4/26/23 Page A-6
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ASSUMPTIONS
The following overall assumptions support the scope of services for engineering services during construction of the City’s Project.
.
.
.

The City and CWP team will manage all construction change order review and cost estimating verification. Should the City require construction change order review from HDR, Subtask 3.3 can be utilized for this service (if required).

It is assumed the CWP will provide construction management and daily onsite inspection for all construction trades and monitor compliance with the contract documents and quality assurance of the work on the Project.

HDR will not be responsible for the means or methods of the Contractor, nor shall HDR be responsible for the Contractor’s failure to perform in accordance with the contract documents.

Management of these activities will be the responsibility of the City and the CWP. .
.

HDR will not be responsible for the monitoring or review of the Contractor’s cost and schedule performance during construction.

HDR will not be responsible for providing construction contract administration, including processing of monthly payment requests from the Contractor, Contractor schedule updates and revisions, providing correspondence to the Contractor, receiving correspondence from the Contractor, and maintaining correspondence files.
.
.
.

HDR will not be responsible for processing claims and disputes from the Contractor or other third parties.

Any claims resolution or litigation assistance requested of HDR by the City will constitute additional services.

HDR will not be responsible for agency or permitting coordination through the construction phase, which may include, but not be limited to, submission of deferred submittals, agency inspections, test reports, notifications, or other follow-up correspondence. HDR shall only provide permitting or agency coordination assistance.
.
.

Stormwater pollution prevention plan monitoring and field work will be provided by others.

The following items are not included in HDR’s scope of services:
o
o
o
o
o
Review of baseline construction schedule and schedule updates Construction layout and surveying
Traffic control
Site security
Warranty repairs
. HDR will manage the health, safety, and environmental activities of its staff to achieve compliance with HDR health and safety requirements.
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. HDR is not responsible for health or safety of the Contractor or its employees, the City, CWP, and HDR is not responsible for the Contractor’s compliance with the health and safety requirements in the contract documents, or with federal, state, and local occupational safety and health laws and regulations.
23-10194130 4/26/23 Page A-8
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Exhibit C5
Estimated Work Effort and Cost
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Exhibit C5. Estimated Work Effort and Cost
City of San Mateo
Immediate Action Projects, Package 3 (Job No. 46T010) | Phase 3 – Engineering Services During Construction Task Principal/ Project Elec Architect Structural Mechanical Project CADD Tech
Admin/ Total HDR Total HDR Total HDR Total
No. Task Description
Subtotal Task 4
QA/QC Manager Engr Engr Engr Engr Clerical Labor Hours Labor ($) Expenses ($) Cost ($) Task 4 - Final Design

4.1 Final Design 8 20 18 20 66 $13,248 $381 $13,629
0 8 20 0 0 0 18 20 0 66 $13,248 $381 $13,629
Task 7 - ESDC Project Management and Quality Assurance/Quality Control (QA/QC)

7.1 Project Management

7.2 Meetings
4 64 20
36 54 142 $31,670 $200 $31,870
Preconstruction Meeting 2 2 $585 $1,750
$1,750
$2,335
Bi-Weekly Progress Meetings (Up to 36 meetings) 12 48 $11,824 $13,574

7.3 Site Visits
Periodic Site Visits (Up to 6) 8 16
8 8 16
8 48
24 $11,617
$5,272
$1,750
$1,750
$13,367
Substantial Completion Visit 8 $7,022
Technical Submittals and Resubmittals (Up to 80
submittals and 40 resubmittals) 7.4 14 24 200 28
24 80 54 200 600 $140,962 $100 $141,062

7.5 RFIs and Clarifications (Up to 160)

7.6 Design Clarification Notices (Up to 10)

7.7 Documentation Management

7.8 Startup/Commissioning Assistance

7.9 As-Built/Record Drawings
Subtotal Task 7
12 4
20 8
224
16 60
8 40
4 224
20 604
60 $139,389
$14,927
$10,586
$13,795
$18,595
$399,221
$412,469
$100
$100
$139,489
$15,027
$10,686
$15,195
$18,745
$408,371
$422,000
8 65
4 73 $100
10 8
24 2
24 8
62 $1,400
2 2 90 $150
90 4 116
1,779
1,845
36 36
164
172
490
510
52 52
156
156
108
108
556
574
127
127
$9,150
COLUMN TOTALS 110 $9,531
23-10194130 4/26/2023 HDR Engineering, Inc.
134 of 763

CITY OF SAN MATEO

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: 10-4661 File ID: 23-7448 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 5, 2023
SUBJECT:

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

Adopt a Resolution to authorize an appropriation in the amount of $93,948 of Measure A funds to the Hillsdale Caltrain Station Bicycle Access Gap Closure project; amend the agreement with Bellecci & Associates, Inc. for the Hillsdale Caltrain Station Bicycle Access Gap Closure project to increase the agreement amount by $93,948 for a new total not to exceed $246,948; increase the contingency amount by $88,255 for new contingency total of $98,255; and authorize the Public Works Director to execute the amendment in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The City was awarded $153,000 in funding from the San Mateo County Transportation Authority (SMCTA) for the Measure A/W Pedestrian and Bicycle Program Cycle 5 in December 2020 for the Hillsdale Caltrain Station Bicycle Access Gap Closure project. In September 2022, the City Council approved an agreement with Bellecci & Associates, Inc. for engineering and planning services to assist the City with design for the project. City staff and the consultant team kicked off the project in November 2022.

The original project scope included the design of a Class IV separated bike lane and intersection improvements on 28th Avenue to transition from the existing bicycle boulevard at Edison Street safely across El Camino Real to the existing Class I bicycle facility leading to the Hillsdale Caltrain Station. This project would develop and assess options to improve safety for bicyclists and pedestrians crossing at the 28th Avenue/El Camino Real intersection and design a project in alignment with the 2020 Bicycle Master Plan.

In February 2023, City staff and the consultant team conducted a walking tour with the Stakeholder Advisory Committee, which included the San Mateo Consolidated Fire Department, San Mateo Police Department, Caltrans, Caltrain, SamTrans, Commute.org, and the Silicon Valley Bicycle Coalition (SVBC) San Mateo. Based on the feedback from Committee members’ assessment of preliminary design options and bicycle facilities proposed in the 2020 Bicycle Master Plan, staff recommends expanding the scope of this project to include 28th Avenue from the Hillsdale Caltrain Station to East Kyne Street. By adding this segment, staff and the consultant team can evaluate options for improving east-west connectivity on 28th Avenue for bicyclists, pedestrians, and transit users, evaluate implementation of an on-street bicycle facility between El Camino Real and East Kyne Street, and analyze signal modifications at the Delaware intersection in addition to the El Camino Real intersection to implement a fully connected east-west bikeway on 28th Avenue. The addition of this new scope would also increase the success rate for future grant applications to fund the construction of this design since the project would create a high-quality transit station by improving safety and providing more mobility options. 135 of 763

CITY OF SAN MATEO
Staff recommends City Council adopt the resolution to appropriate $93,948 from the City’s Measure A funds and approve the amendment increasing the total not-to-exceed amount by $93,948 and increasing the contingency amount by $88,255 to expand the scope of work for the Hillsdale Caltrain Station Bicycle Access Gap Closure project. The contingency may be used to support additional design and engineering services needed to develop the preferred design, which will incorporate community feedback.

BUDGET IMPACT:

The Hillsdale Caltrain Station Bicycle Access Gap Closure (46m004) project does not have sufficient funds available for the cost of the amendment. Adoption of the resolution will appropriate $93,948 from the City’s Measure A funds to the project, providing funding for this amendment.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Amendment

STAFF CONTACT
Nicolette Chan, Assistant Transportation Planner
[email protected]
(650) 522-7326
Sue-Ellen Atkinson, Principal Transportation Planner
[email protected]
(650) 522-7288
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CITY OF SAN MATEO
RESOLUTION NO. (2023)
AUTHORIZING AN APPROPRIATION OF $93,948 FROM THE CITY’S MEASURE A FUND TO THE HILLSDALE

CALTRAIN STATION BICYCLE ACCESS GAP CLOSURE PROJECT
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Bellecci & Associates, Inc. (“Consultant”), entered into an Agreement for Professional Consultant Services (“Agreement”) on October 13, 2022; and
WHEREAS, the scope of work in the Agreement includes bicycle and pedestrian improvements on 28th Avenue from Edison Street to the Hillsdale Caltrain Station; and WHEREAS, staff wishes to expand the scope of work to include 28th Avenue from the Hillsdale Caltrain Station to East Kyne Street to improve east-west connectivity on 28th Avenue for bicyclists and pedestrians; and WHEREAS, the adopted 2020 Bicycle Master Plan proposes a Class II bike lane on 28th Avenue from Delaware Street to East Kyne Street to connect to existing on-street bicycle facilities; and WHEREAS, staff proposes appropriating $93,948 from the City’s Measure A fund to expand the scope of work in the Agreement.

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

1. This amendment is not a project as defined by the California Environmental Quality Act in that is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment.

2. Appropriation of $93,948 in Measure A fund to the Hillsdale Caltrain Station Bicycle Access Gap Closure project is approved.

3. The Public Works Director is authorized to execute the amendment in substantially the form presented and issue change orders within the contingency amount.
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Contract Amendment Page 1 of 4
Rev 5/23
AMENDMENT NO. 1 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND
BELLECCI & ASSOCIATES, INC. FOR PROFESSIONAL CONSULTANT SERVICES

FOR THE

HILLSDALE CALTRAIN STATION BICYCLE ACCESS GAP CLOSURE PROJECT WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Bellecci & Associates, Inc. (“Consultant”), entered into an Agreement for Professional Consultant Services (“Agreement”) on October 13, 2022; and
WHEREAS, the scope of work in the Agreement includes bicycle and pedestrian improvements on 28th Avenue from Edison Street to the Hillsdale Caltrain Station; and WHEREAS, City wishes to expand the scope of work to include 28th Avenue from the Hillsdale Caltrain Station to East Kyne Street to improve east-west connectivity on 28th Avenue for bicyclists and pedestrians; and
WHEREAS, the adopted 2020 Bicycle Master Plan proposes a Class II bike lane on 28th Avenue from Delaware Street to East Kyne Street to connect to existing on-street bicycle facilities; and WHEREAS, City and Bellecci & Associates, Inc. wish to amend the Agreement to increase the total not to exceed amount by $93,948 for a new total of $246,948 and the term of the agreement to expand the scope of work in the Agreement.

NOW, THEREFORE, the parties agree as follows:

1. Section 4 – Term is amended to read:
“The services to be performed under this Agreement shall commence on September 8, 2022 and be completed on or about June 30, 2024.”

2. Section 8 – Payment is amended to read:
“Payment shall be made by CITY only for services rendered and upon and 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 a not to exceed $246,948, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.”

3. Exhibits A and B of the Agreement are amended to include additional engineering services, public outreach, and project management for the expanded scope of work.

4. The remaining terms of the Agreement remain in full force and effect. 138 of 763
Contract Amendment Page 2 of 4
Rev 5/23
IN WITNESS WHEREOF, CITY OF SAN MATEO and BELLECCI & ASSOCIATES, INC. have executed this Agreement on ___________________ [insert date of last signature].

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

APPROVED AS TO FORM ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Mazarin Vakharia Date
Assistant City Attorney
Anoop Reddy Admal Date
Treasurer
Attachments
Exhibit A: Scope of Services
Exhibit B: Fee Rates
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Contract Amendment Page 3 of 4
Rev 5/23
Exhibit A: Scope of Services
140 of 763
Hillsdale Caltrain Station Bicycle Access Gap Closure Project Scope of Work Amendment #1
May 11, 2023 Page 1 of 4
The following presents CONSULTANT proposed scope and budget to lengthen the project extents of the Hillsdale Caltrain Station Bicycle Access Gap Closure Project (“Project”). We prepared this amendment based on our knowledge of the area as well as conversation with you and City of San Mateo staff.

The original Project extents were 28th Avenue between Edison Street and El Camino Real. The following would amend the Project extents to be 28th Avenue from Edison Street to East Kyne Street. The Project would be inclusive of the 28th Avenue/Edison and 28th Avenue/East Kyne Street.

This scope amends the Original Task Order Agreement Executed December 7, 2022.

Scope of Work
The task numbering used below aligns with the budget items in the “Proposal for: Professional Design Engineering Services for Hillsdale Station Bike Access Gap Closure Project” dated 4/26/2023 – v8.

Task 7.1 Extend Aerial Image and Focused Topographic Survey from El Camino to E. Kyne Street
Bellecci will download an aerial image to be used for the extension of the preliminary design limits of work. Following the completion of the Alternatives design process, Bellecci will coordinate with Fehr & Peers and the City to identify select locations within the alignment to perform one day of field surveying.

Task 7.2 Project Management & Meetings
From the original scope, additional time for managing both the technical and non-technical, organizational related administrative work has been included for the extension of the preliminary design limits of work.

Task 7.3: Concept Sketches for Three Alternatives + Public Outreach + Meetings Outreach & Engagement Plan
A draft engagement plan has been developed and commented on by the City as part of the original scope of work. Subsequent work in this task consists of Fehr & Peers finalizing engagement plan based on staff comments and updating the geographic coverage for engagement plan given lengthened extents of the Project.

Stakeholder Interview/Workshop/Field Walk
No changes to this subtask. Subtask was completed in February 2023 and City staff confirmed no need to revisit.

Community Meeting/Workshop and Stakeholder Meeting
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Hillsdale Caltrain Station Bicycle Access Gap Closure Project Scope of Work Amendment #1
May 11, 2023 Page 2 of 4
From the original scope, one community meeting/workshop and one virtual stakeholder meeting remains to be completed. This amendment includes additional budget for Fehr & Peers to support revising the previously produced community meeting advertising materials and expanding the extents of the materials for the community meeting itself. This task does not include translation of materials nor interpretation at the community meeting or virtual stakeholder meeting.

Website Updates & Coordination
No changes to this task.

Commission Meetings
No changes to this task.

Data Review
This task was previously completed for the original Project extents. This task is amended to include Fehr & Peers effort to review data and/or information for the lengthened Project extents. This task does not include any new data collection. It consists only of reviewing available data and/or information (e.g., previous or ongoing studies) related to lengthened Project extents. Such data and information is anticipated to include traffic counts, pedestrian or bicycle counts, collision data, feasibility studies related to vehicle lane reduction, speed data, previous input or comments expressed by community members and any other similar information the City is able to provide.

Develop & Evaluate Alternatives
This task is amended to include effort for Fehr & Peers to develop up to three alternatives for the lengthened Project extents. The concepts will be refined versions of those previously developed under the original agreement. Fehr & Peers will evaluate alternatives qualitatively using the information provided under the Data Review activity above. The three alternatives and qualitative evaluation will be the information brought to the community meeting for discussion and input. At the end of the Alternatives phase, Fehr & Peers will provide a CADbased drawing over scaled aerial imaging to Bellecci, at a 15% design level, showing the edge of the bicycle facilities, transitions, materials hatched and other layout features. Bellecci will be responsible for further developing the layout exhibit to identify the extent of the demolition and civil engineering improvements.

Task 7.4 Preferred Alternative Layout
Bellecci will further develop the CAD project layout from Fehr & Peers, to prepare the geometric layout of the bikeway improvements. Included in this task will be to prepare a one page explanation of three options for a vertical buffer between the bikeway and the vehicular traffic.

Buffer options may include a) precast islands, b) vertical flex posts or traffic calming bollards, c) cast-in-place median island with pavers or landscape.
142 of 763
Hillsdale Caltrain Station Bicycle Access Gap Closure Project Scope of Work Amendment #1
May 11, 2023 Page 3 of 4
Task 7.5 65%, 95%, and 100% Civil at Bikeway Ramps at Undercrossing to correct Stairs and Ramps
Bellecci will prepare 65%, 95% and 100% improvement plans sheet for two undercrossing connections from the bikeway to the existing sidewalk. The plan sheet will include multiple viewports focused on the bikeway connection ramp locations. Each location will have two viewports on the plan sheet to depict the demolition and improvements for the bikeway entry ramp. New concrete slopes will also be provided. The fee estimate does not anticipate new storm drains or changes in the overall curb alignment. For more extensive civil engineering improvements, the Consultant will proceed up the approval of the optional service 8.1.

Task 7.6 65%, 95%, and 100% Signing and Striping Plans
This task consists of Fehr & Peers preparing 65%, 95% and 100% signing and striping plans, assumes up to four sheets, for the preferred alternative extending on 28th Avenue from El Camino Real to East Kyne Street. This task assumes Bellecci & Associates will produce and provide base files, establish templates for plan sheets, and assumes use of City of San Mateo standards. The signing and striping plans will include the inventory of the existing signs in coordination with the new signs to be installed.

Task 7.7 Video Detection for Bikes and Vehicles at Up to Two Intersections For up to two existing signalized intersections, Fehr & Peers will prepare one plan sheet showing the location, mounting, installation and details/specifications for new bicycle and vehicle video detection. This will be based on as-built plans provided by the City of San Mateo.

Modifications will be shown on a Fehr & Peers stamped drawing.

Optional Services
Task 8.1 Civil Engineering for Sidewalk Level Bikeway + Transit Bus Bulb (at undercrossing) The budget spreadsheet includes an optional services budget to prepare civil engineering plans for more extensive sidewalk modifications at the undercrossing location. If the preliminary design process results in a sidewalk level bikeway, Bellecci will prepare civil engineering drawings to provide demolition plans, improvements plans and grading plans at the undercrossing portion. It is assumed the curb alignment will remain unchanged, and new bioretention will not be required, rather the sidewalk will include design for a vertical or tactile separation between the pedestrians and bicycles. The design will also address the bicycle and pedestrian connections to the Caltrans station ramps at the back of walk, and also program space for pedestrians waiting at the bus stop.

Task 8.2 65%, 95% and 100% Replacement of Two Signal Poles at 28th/Delaware Fehr & Peers will prepare a separate plan sheets titled “Traffic Signal Modifications” to be prepared per industry standards for traffic signal plans; including pole schedule, conduits, boxes, vehicle heads, pedestrian signals, push buttons and other improvements and signal 143 of 763
Hillsdale Caltrain Station Bicycle Access Gap Closure Project Scope of Work Amendment #1
May 11, 2023 Page 4 of 4
modifications necessary for the traffic Signal Modifications plans. The sheets will be based on as-built plans for the 28th/Delaware intersection provided by the City of San Mateo.

Task 8.3 65%, 95% and 100% Replacement of Four Signal Poles at 28th/Delaware Fehr & Peers will prepare a separate plan sheets titled “Traffic Signal Modifications” to be prepared per industry standards for traffic signal plans; including pole schedule, conduits, boxes, vehicle heads, pedestrian signals, push buttons and other improvements and signal modifications necessary for the traffic Signal Modifications plans. The sheets will be based on as-built plans for the 28th/Delaware intersection provided by the City of San Mateo. 144 of 763
Contract Amendment Page 4 of 4
Rev 5/23
Exhibit B: Fee Rates
145 of 763
Proposal for: Professional Design Engineering Services for Hillsdale Station Bike Access Gap Closure Project Mark Ups ODCs Total
$270.00 $228.00 $190.00 $180.00 $168.00 $150.00 $95.00 $170.00 $228.00 $312.00 LS Fee LS Fee Extend Aerial Image Mapping and Focused Topographic Survey from El Camino to Kyne 4 6 3 8 21 $4,580 $500 $50 $5,130 Project Management & Meetings 4 8 12 24 $5,064 $0 $300 $5,364 Concept Sketches for Three Alternatives + Public Outreach + Meetings $18,000 $1,800 $800 $20,600 Layout of preferred Alternative - including bike buffer options for vertical separation 1 6 30 37 $7,038 $0 $7,038 65%, 95%, and 100% Civil at Bikeway Ramps at Undercrossing to connect Stairs and Ramps (layout + demo + improvement + grading) 2 4 8 20 48 56 138 $23,036 $0 $23,036 65%, 95%, and 100% Signing and Striping Plans 0 $0 $19,000 $1,900 $20,900 65%, 95%, and 100% Video detection for bikes and vehicles at two intersections 0 $0 $10,800 $1,080 $11,880 7 18 8 62 48 56 4 6 3 8 220 $39,718 $47,800 $500 $4,830 $1,100 $93,948 $47,800
Green Tasks are by Fehr & Peers $39,718
Blue Tasks are by Bellecci $6,430
$93,948
Civil engineering for Sidewalk Level Bikeway + Transit Bus Bulb (at undercrossing) 4.5 14.5 22 22 118 118 0 0 0 0 299 $50,185 $500 $50 $50,735 65%, 95%, and 100% Replace two signal poles at 28th & Delaware 0 $0 $25,920 $2,592 $28,512 65%, 95%, and 100% Replace four signal poles at 28th & Delaware (added to 8.2) 0 $17,280 $1,728 $19,008 $192,203.00
City of San Mateo, CA
Prin Sen Proj
Mnger
Prof.

Eng I
Proj.

Eng
(DE III) Sub Mark Up Total Fee
Other
Direct
Costs
Total
Hours
Total Labor
Costs
05/11/2023 - v9
Union
Survey
Crew
Aerial
Fehr and
Peers (Traffic
Engineer)

7.6 Additional Services Proposed Budget
Optional Services for Added Improvements

7.2 7.7

7.4 Fehr & Peers

7.3 7.5

8.1 Basic Service Subtotal

8.3 8.2

7.1 Bellecci
Sub Mark-up + Aerial
Additional Service - Design for extended segment
Design
Eng
Eng
Intern
Land
Surv
Assist
Eng
Survey
Tech Task Description Task
#
146 of 763

CITY OF SAN MATEO

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: 10-4663 File ID: 23-7504 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 05, 2023
SUBJECT:

California Transportation Commission Local Streets and Roads – Project List Fiscal Year 2023-24 RECOMMENDATION:

Adopt a Resolution to submit a list of projects proposed to be funded with the Road Repair and Rehabilitation Account, Senate Bill 1 funding, to the California Transportation Commission for fiscal year 2023-24.

BACKGROUND:

On April 28, 2017, the Governor signed Senate Bill 1 (SB1), which is known as the Road Repair and Accountability Act of 2017, to address basic road maintenance, rehabilitation, and critical safety needs on both the state highway and local streets and road system. SB1 increased per-gallon fuel excise taxes, diesel fuel sales taxes, and vehicle registration fees and provided for inflationary adjustments to tax rates in future years.

Beginning November 1, 2017, the State Controller deposited various portions of this new funding into the newly created Road Maintenance and Rehabilitation Account (RMRA). A percentage of this RMRA funding has been apportioned by formula to eligible cities and counties pursuant to Streets and Highways Code Section 2032(h) for road maintenance, rehabilitation, and critical safety projects on the local streets and road system.

Prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year, a local agency must apply to the California Transportation Commission (CTC), by July 1st of each year and provide a list of projects proposed to be constructed with these funds through a Council resolution. The estimated amount of the apportionment projected by the League of California Cities for fiscal year 2023-24 is approximately $2,614,190 and is subject to fluctuations in actual tax and fee revenues.

Public Works staff is proposing the Smooth Streets Phase 4 project that will rehabilitate or reconstruct street segments that are in poor or failed condition. The project has been advertised and three (3) bids for the project were received on April 27, 2023. Construction is estimated to begin in August 2023 and be completed by June 2024.

Staff recommends applying for RMRA fund apportionment for fiscal year 2023-24 for the Smooth Streets Phase 4 project, which includes the street segments listed below:

Street From To
30th Avenue Monterey Street Fernwood Street
Cypress Avenue Norfolk Street Quebec Street
Dakota Avenue Patricia Avenue Rand Street
West Grant Place Grant Street Grant Street
East Grant Place Grant Street Grant Street
147 of 763

CITY OF SAN MATEO
Harvard Road Seville Way End
Hemlock Avenue Norfolk Street Shoreview Avenue
Hemlock Avenue Patricia Avenue Norfolk Street
Jody Court Edna Way End
Kingridge Drive Fernwood Street 141' N of Dalehurst Avenue Lansdale Street 30th Avenue 31st Avenue
Mefferd Avenue Kingston Street Huron Avenue
Ontario Street Cypress Avenue 2nd Avenue
Peck Avenue St. Timothy's Ryder Street
Prague Street Trollman Avenue Monte Diablo Avenue
Prague Street Monte Diablo Avenue York Avenue
Rand Street Newbridge Avenue Dakota Avenue
Ryder Street Dolan Avenue End
Sharon Place Norfolk Street Ontario Street
Stephen Road Hillsdale Boulevard Alameda de las Pulgas
Vanessa Drive Eleanor Drive Wolfe Drive
Upon City Council approval of the project list, staff will submit the Council resolution to the CTC as required and apply for funding. If funding is granted, funds will be provided to the City on a monthly basis up to the City’s final apportionment amount.

BUDGET IMPACT:

According to the most recently available revenue estimates by the California League of Cities, the City of San Mateo is anticipated to receive an estimated amount of $2,614,190 from the RMRA for fiscal year 2023-24 toward street rehabilitation/reconstruction. These estimated allocations are appropriate for budgeting purposes but are subject to change when the Department of Finance releases updated revenue estimates with the Governor’s revision to the proposed State budget. As noted previously, actual revenues may vary based on total taxes and fees collected.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution

STAFF CONTACT
Elton Yee, Associate Engineer
[email protected]
(650) 522-7320
Jimmy Vo, Senior Engineer
[email protected]
(650) 522-7319
148 of 763

CITY OF SAN MATEO
RESOLUTION NO._______
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the City will receive an estimated $2.61 million in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the 7th year in which the City is receiving SB 1 funding which will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobility options for the traveling public that would not have otherwise been possible without SB 1; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities priorities for transportation investment; and WHEREAS, the proposed project list is part of the City’s Smooth Street Program which is endorsed by the San Mateo City Council through public process; and WHEREAS, the funding from SB 1 will help the City maintain, rehabilitate, and reconstruct nineteen (19) roadway segments currently in poor or failed condition throughout the City this year; and WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Assessment found the City of San Mateo’s overall streets and roads are in a good condition, however some of the street segments in poor condition have not been addressed and this revenue will help us increase the overall quality of our entire road system over the next decade and bring our overall streets and roads into a better condition; and
149 of 763
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets infrastructure, and using cutting-edge technology, materials and practices, will have significant positive co-benefits statewide; and
WHEREAS, the City affirms its commitment that the apportionments received will be used and reported on as required by statute and the Commission’s adopted program guidelines.

NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of San Mateo, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following previously proposed and adopted project may also utilize Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues in their delivery. With the relisting of these projects in the adopted fiscal year resolution, the City is reaffirming to the public and the State our intent to fund these projects with Road Maintenance and Rehabilitation Account revenues:

Project Title: Citywide Street Reconstruction Package 4 Project Description: Project work includes milling of pavement surface or removal of asphalt concrete and base, overlaying asphalt concrete or placement of asphalt concrete and base, upgrading curb access ramps, installation of pavement markings and striping and other incidental work.

Project Location: The following locations identified are subject to be changed:

Street From To
30th Avenue Monterey Street Fernwood Street
Cypress Avenue Norfolk Street Quebec Street
Dakota Avenue Patricia Avenue Rand St
West Grant Place Grant Street Grant Street
East Grant Place Grant Street Grant Street
Harvard Road Seville Way End
Hemlock Avenue Norfolk Street Shoreview Avenue
Hemlock Avenue Patricia Avenue Norfolk Street
Jody Court Edna Way End
Kingridge Drive Fernwood Street 141' N of Dalehurst Ave Lansdale Street 30th Avenue 31st Avenue
Mefferd Avenue Kingston Street Huron Avenue
Ontario Street Cypress Avenue 2nd Avenue
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Peck Avenue St. Timothy's Ryder Street
Prague Street Trollman Avenue Monte Diablo Avenue
Prague Street Monte Diablo Avenue York Avenue
Rand Street Newbridge Avenue Dakota Avenue
Ryder Street Dolan Avenue End
Sharon Place Norfolk Street Ontario Street
Stephen Road Hillsdale Boulevard Alameda de las Pulgas
Vanessa Drive Eleanor Drive Wolfe Drive
Estimated Project Schedule: The Project has been advertised and three (3) bids for the project were received on April 27, 2023. Construction estimated to begin in August 2023 and be completed by June 2024.

Estimated Project Useful Life: The estimated useful life of the Project is average 20 years.

RESOLUTION NO. ____ PASSED AND ADOPTED by the City Council of the City of San Mateo, California, at a regular meeting held on this _______ day of _______, 2023, by the following vote:
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CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: CONSENT CALENDAR Account Number: 10-4663 File ID: 23-7509 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 05, 2023
SUBJECT:

On-Call Professional Consultant Services – Amendments
RECOMMENDATION:

Approve Amendment No. 2 to extend the term of individual on-call professional consultant services agreements for no additional cost with Wilsey Ham, HDR Engineering, Inc., and Bellecci & Associates until December 31, 2025; and authorize the Public Works Director to execute future no-cost amendments.

BACKGROUND:

In October 2018, Public Works staff issued a request for proposals (RFP) to select qualified firms to provide on-call professional consulting services. The City received proposals from thirteen (13) firms and evaluated the proposals based on the consultant’s project understanding, experience with similar projects, project manager experience, and technical ability. Staff short-listed three firms and conducted in-person interviews with each project team. The on-call engineering consulting firms selected by staff were Wilsey Ham, Inc., WRECO, Inc., and Bellecci & Associates, Inc. (collectively "consultants”).

On February 19, 2019, Council authorized Public Works to enter into an agreement with each consultant for on-call professional consulting services not to exceed $250,000. HDR Engineering, Inc. acquired WRECO and assumed WRECO’s agreement, effective July 31, 2021. On March 21, 2022, Council approved Amendment No. 1 to extend the term of each of the on-call professional consultant services agreements for no additional costs through June 30, 2023.

The three consultants have been responsive to staff in providing the desired engineering expertise for capital improvement projects. There is remaining budget in the agreements and staff has determined that the consultants’ services are still needed to assist the City with the implementation of capital improvement projects. Amendment No. 2 for each of the three agreements will extend the term through December 31, 2025 at no additional increase in budget.

BUDGET IMPACT:

Each amendment extends the agreement term at no additional cost and does not have a budgetary impact.

ENVIRONMENTAL DETERMINATION:

This approval of no-cost agreements extensions 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.
152 of 763

CITY OF SAN MATEO

ATTACHMENTS
Att 1 – Amendment No. 2 – Wilsey Ham, Inc.

Att 2 – Amendment No. 2 – HDR Engineering, Inc.

Att 3 – Amendment No. 2 – Bellecci & Associates, Inc.

STAFF CONTACT
Tina Pham, Senior Engineer
[email protected]
(650) 522-7305
153 of 763
Contract Amendment Page 1 of 2
Rev 9/17
AMENDMENT NO. 2 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND WILSEY HAM

FOR ON-CALL PROFESSIONAL CONSULTANT SERVICES

FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Wilsey Ham, a California corporation (“Consultant”), entered into an Agreement for On-Call Professional Consultant Services for Various Capital Improvement Projects (“Agreement”) on April 1, 2019 and executed Amendment No. 1 on March 29, 2022; and WHEREAS, City and Consultant wish to amend the Agreement effective __________________ to extend the term of services as described.

NOW, THEREFORE, the parties agree as follows:

1. Section 7 - Term, Progress and Completion of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on April 1, 2019 and be completed on or about December 31, 2025. This term of this Agreement may be extended by written amendment executed by the Director of Public Works and a duly authorized representative of Consultant.

It is understood and agreed that time is of the essence of this Agreement. CONSULTANT agrees to perform the services within the time limits set forth in each task order. CITY agrees to exercise due diligence in performing its tasks to implement the CONSULTANT'S timetable.”

2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
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Contract Amendment Page 2 of 2
Rev 9/17
IN WITNESS WHEREOF, CITY OF SAN MATEO and Wilsey Ham executed this Agreement on ______________________.

CITY OF SAN MATEO CONSULTANT
Azalea Mitch
Public Works Director
Brandon Davis
Its authorized Agent
Executive Vice President
If a Corporation, can be either 1) President or 2)
Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall sign
below.

ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Jeff Wong
Chief Financial Officer
155 of 763
Contract Amendment Page 1 of 2
Rev 9/17
AMENDMENT NO. 2 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND WRECO (HDR ENGINEERING)

FOR ON-CALL PROFESSIONAL CONSULTANT SERVICES

FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and WRECO, a California corporation, entered into an Agreement for On-Call Professional Consultant Services for Various Capital Improvement Projects (“Agreement”) on April 1, 2019 and executed Amendment No. 1 on April 4, 2022; and
WHEREAS, HDR Engineering, Inc., a corporation, with offices at 1243 Alpine Road, Suite 108, Walnut Creek, CA 94596 hereinafter referred to as "Consultant" acquired WRECO, and assumed the agreement, effective July 31, 2021.

WHEREAS, City and Consultant wish to amend the Agreement effective __________________ to extend the term of services as described.

NOW, THEREFORE, the parties agree as follows:

2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
156 of 763
Contract Amendment Page 2 of 2
Rev 9/17
IN WITNESS WHEREOF, CITY OF SAN MATEO and HDR Engineering Inc. executed this Agreement on ______________________.

CITY OF SAN MATEO CONSULTANT
Azalea Mitch
Public Works Director
Han‐Bin Liang, PhD
Vice President
If a Corporation, can be either 1) President or 2)
Vice President plus an additional corporate
officer (i.e., Secretary, Treasurer) who shall sign
below.

ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Holly Kennedy
Northern California Area Operations Manager
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Contract Amendment Page 1 of 2
Rev 9/17
AMENDMENT NO. 2 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND BELLECCI & ASSOCIATES

FOR ON-CALL PROFESSIONAL CONSULTANT SERVICES

FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Bellecci & Associates, a California corporation (“Consultant”), entered into an Agreement for On-Call Professional Consultant Services for Various Capital Improvement Projects (“Agreement”) on April 18, 2019 and executed Amendment No. 1 on March 29, 2022; and WHEREAS, City and Consultant wish to amend the Agreement effective __________________ to extend the term of services as described.

NOW, THEREFORE, the parties agree as follows:

1. Section 7 - Term, Progress and Completion of the Agreement is amended to read:
“The services to be performed under this Agreement shall commence on April 18, 2019 and be completed on or about December 31, 2025. This term of this Agreement may be extended by written amendment executed by the Director of Public Works and a duly authorized representative of Consultant.

2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]
158 of 763
Contract Amendment Page 2 of 2
Rev 9/17
IN WITNESS WHEREOF, CITY OF SAN MATEO and Bellecci & Associates executed this Agreement on ______________________.

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

ADDITIONAL CORPORATE OFFICER
(if necessary per the above)
Name
Title
159 of 763

CITY OF SAN MATEO

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: 10-4663 File ID: 23-7510 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 05, 2023
SUBJECT:

Citywide Street Reconstruction Phase 4 – Agreement and Budget Transfer RECOMMENDATION:

Adopt a Resolution to authorize a budget transfer from Citywide Street Reconstruction Package 1 to Citywide Street Reconstruction Package 3 in the amount of $410,000; affirm a requested bid relief from Ghilotti Bros, Inc.; approve an agreement with McGuire and Hester for the Citywide Street Reconstruction Phase 4 Project in the amount of $6,259,358; establish a contingency reserve in the amount of $630,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

BACKGROUND:

The Citywide Street Reconstruction Phase 4 Project (Project) is part of the Public Works Smooth Streets Program (Program), and a component of the Citywide Street Reconstruction Package 3 Project. The Project will repair approximately 3.2 miles of streets across 19 locations with an engineer’s estimate for the project of $6,150,000. Project locations are shown in the attached location map (Attachment 3).

Due to the complex nature of the remaining street segments of the Program, the City issued a Request for Qualifications to pre-qualify contractors for the remaining phases of the Program in August 2021 and again in February 2023. In order to be on the pre-qualification list, contractors needed to show that they have experience with soft/compressible soils and bay mud, subgrade stabilization methods, ability to place significant asphalt tonnage in one project, and experience working on residential roads. They also needed to certify that they have the typical contracting requirements for a public works project and a good safety record. During this process, the City pre-qualified four (4) contractors. Implementing a prequalification list for the Program ensures the contractor that is awarded a particular phase of the Program has the experience and capability to execute the work efficiently with minimal impacts to the community.

The project was advertised March 2, 2023, and a total of three (3) bids were received from the four (4) pre-qualified contractors and opened on April 27, 2023. The bids received are listed below in order of increasing bid amount.

Company Name Total Bid Amount
Ghilotti Bros., Inc. $5,787,447
McGuire and Hester $6,259,358
DeSilva Gates Construction LLC $7,308,308
On May 4, 2023, Ghilotti Bros., Inc. submitted a letter requesting bid relief and withdrawal of its bid in accordance with Public Contract Code Section 5100 et al. due to clerical errors that made the bid materially different than what was intended. Staff reviewed the requested bid relief, deemed the request satisfactory, approved Ghilotti Bros., Inc.’s request for bid relief, and recommends for Council to affirm staff’s approval of the requested bid relief. 160 of 763

CITY OF SAN MATEO
After review of second lowest bid, staff determined that McGuire and Hester is the lowest responsive, responsible bidder.

The engineer’s estimate for this project is $6,149,358, which is within 2% of McGuire and Hester’s bid price and is reasonable. Therefore, staff recommends McGuire and Hester be awarded this construction agreement.

BUDGET IMPACT:

Currently, there is an estimated available project account balance of $6,550,000 in the Citywide Street Reconstruction Package 3 (#467773). The proposed resolution would authorize a transfer of $410,000 from Citywide Street Reconstruction Package 1 (#467771) to Package 3 (#467773), providing sufficient funds to award this agreement and fund the contingency reserve.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement
Att 3 – Location Map

STAFF CONTACT
Elton Yee, Associate Engineer
[email protected]
(650) 522-7320
161 of 763

CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)
AUTHORIZING A BUDGET TRANSFER IN THE AMOUNT OF $410,000 FROM THE CITYWIDE STREET RECONSTRUCTION PACKAGE 1 PROJECT TO THE CITYWIDE STREET RECONSTRUCTION PACKAGE 3 PROJECT WHEREAS, the City Council considers mid-year budget balancing through adjustments, appropriations, designations and transfers to adjust the current-year budget to meet anticipated changes in departmental budgetary needs; and
WHEREAS, a budget transfer and appropriation is necessary to accomplish the City’s day-to-day business to support its goals and programs and to provide for anticipated additional expenditures; and WHEREAS, Citywide Street Reconstruction Packages 1 and 3 are part of the City’s Smooth Streets Program; and
WHEREAS, Citywide Street Reconstruction Phase 4 is a component of Citywide Street Reconstruction Package 3; and
WHEREAS, the Citywide Street Reconstruction Package 3 Project does not have enough remaining available budget to cover the estimated $6,900,000 in funding needed for Citywide Street Reconstruction Phase 4; and
WHEREAS, $410,000 in remaining budget funds are available in the Citywide Street Reconstruction Package 1 Project; and
WHEREAS, Citywide Street Reconstruction Package 1 Project has been completed; and WHEREAS, the City desires to transfer $410,000 in available budget fund from Citywide Street Reconstruction Package 1 Project to the Citywide Street Reconstruction Package 3 Project.

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

1. This City Council action is categorically exempt from CEQA review because it involves funding the operation, repair, maintenance, permitting, leasing, licensing or minor alternation of existing public or private structures, facilities, mechanical equipment, or topographical facilities involving negligible or no expansion of existing or former use. (CEQA Guidelines Section 15301.)

2. Amendments to the 2022-2023 Budget are approved, and transfers are authorized, as follows:
a. A transfer totaling $410,000 from the Capital Project Fund from the Citywide Reconstruction Package 1 Project (467771) to the Capital Project Fund for the Citywide Reconstruction Package 3 Project (467773) is approved.
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B 3RD

DELAWARE
5TH

NORFOLK
31ST
US HWY 101 SB US HWY 101 NB

HILLSDALE
PALM
STATE HWY 92 EB
STATE HWY 92 WB
4TH
28TH
9TH
GRANT
IDAHO
36TH
26TH
30TH

HUMBOLDT
41ST
20TH
37TH
42ND
19TH
2ND
KEHOE
40TH
39TH
MAPLE
24TH
22ND

EL CAMINO REAL
23RD
27TH

ALAMEDA DE LAS PULGAS
EDISON
TILTON

CLAREMONT
AVILA
CLARK

BELLEVUE
16TH

BAYSHORE

HACIENDA

PENINSULA

SAN MATEO

DE ANZA

FREMONT
DIX

SARATOGA
29TH
1ST
ELM
FLORES
LODI
MARTIN
SYLVAN

PARROTT
25TH

BRANSON

J HART CLINTON
BIRCH
YEW
PICO

SEVILLE

POLHEMUS
OAK
NORTON
ARAGON
DALE

ROBERTA

ELLSWORTH

VIRGINIA
NEVADA

HARVARD
WARREN

EDINBURGH
CONCAR

CURTISS
QUEBEC
GRAND
ROYAL
VILLA
MASON

BAZE OTAY

SHOREVIEW
FIESTA
CSM
10TH

CRYSTAL SPRINGS

HIGHLAND
POPLAR
INDIAN

PATRICIA

FASHION ISLAND
12TH

BERMUDA
RAND

LA SELVA
11TH

FRANKLIN
COBB
15T
1 H
4TH
13TH

PASADENA

ELDORADO

RAILROAD
SONORA
TILIA

PARKWOOD

MONTEREY

EDGEWOOD
LAUREL
YORK

POINSETTIA
17TH

LA CASA

CASANOVA
ORINDA

MARINERS ISLAND

BARROILHET

NOTRE DAME

BARNESON

CASTILIAN

CYPRESS
YALE
LOUISE

FAIRFAX

NEWBRIDGE

GLENDORA
ALLEY

AIRPORT
38TH
43RD
THIRD
KINGS

HEMLOCK

CRESCENT
HOBART
HAMLET

OCCIDENTAL

FERNWOOD
NADINA
GUM

KINGRIDGE

COSTA RICA
BOREL

SUNNYBRAE
CAMPUS
PRAGUE

PACIFIC
ADA
DAY
LAGO

HOLLAND

AMPHLETT
OTTAWA
IVY
WAYNE
BORDEN

KINGSTON

ENSENADA

LOS PRADOS

BROMFIELD
WOLFE
SUNSET
8TH
7T
6 H
TH
KYNE
ECHO
FALLON
NORTH
MAXINE
SHASTA

OCEAN VIEW
NASH
DAVID

SEQUOIA
OREGON

LAURELWOOD
LESLIE

MC LELLAN

PARK PORTOLA
YATES
NOE

WILSHIRE
STATE

LOS ALTOS

CARLISLE
MURPHY
IOWA

COLEGROVE
ARMAD
E
A

ISENHOWER

FAIRMONT
BAKER
BOVET

MONTE DIABLO

VENTURA

TROLLMAN
REGAN

O NEILL
SHOAL

HURLINGHAM
CUESTA
RAMONA
MARINA
REX
QUEENS
DONNER

FOLKSTONE

WOODSIDE
OSO
CHURCH

SHAFTER

BALDWIN

VANBUREN

ANNAPOLIS LIVE OAK

MISSION
EDNA
HOWE

COLUMBIA

CLEARVIEW

COUNTRYSIDE
FATHOM

OVERLAND
BRIAR
SOUTH
ANNA

WASHINGTON
JOANNE

GREENFIELD
BEACON
ADAMS
VERDUN

CHERRYWOOD
HURON

ASHWOOD
ROSSI
LOLA
KALMIA
MIDWAY
RHUS
POLK

HOSMER PLAYA

BUCKNELL
DEWEY

GUILDFORD
LAKE
PECK
BROOKS
ARBOR

RANELAGH
CONNIE

LAURIE MEADOWS

BAYWOOD

DETROIT
TEXAS

ROLLING HILLS

CELESTE
LOCUST

RANDALL

FOOTHILL

EL CERRITO

ROSILIE

SANTA INEZ

CLIPPER

DE SABLA

GARFIELD
GARVEY
LLANO

ISABELLE

CRESTWOOD

BRIDGEPOINTE

PROSPECT ROW
ARROYO

JASMINE

JUNIPER
PIERCE
DUBLIN
MONROE
CHESS

PARKSIDE

CAVANAUGH

OAKWOOD
ARK

LAFAYETTE

MAGNOLIA

HAYWARD
VERNON
DOLAN
CAXTON

KENWOOD
TAYLOR
WISNOM

COYOTE POINT

ROCHESTER

WOODLAND

FORDHAM
QUINCE
HARROW
KING

TIMBERLANE

ELLIOTT

SANTIAGO

MARY LU

HILLSBOROUGH
BAHIA
RYDER
KELLY
TURNER

BAYVIEW

TICONDEROGA

BAYRIDGE
TOYON

DEL MONTE
ALDER
HADDON

CHAPMAN

LAKEWOOD

HILLCREST

SEAGATE

COLLEGE
LINDA
TULANE

SULLIVAN

STRATFORD
SHARON
FOSTER

DORCHESTER
EATON

MEFFERD

JEFFERSON

VOELKER

ROSEWOOD
GEORGE

MC KINLEY

STEPHEN
CROWN
VISTA

LULA BELLE

LORRAINE

OVERLOOK

PIONEER
STUDIO
CAMDEN

WOODBRIDGE
ANCHOR

EL SOBRANTE

GLENDALE

WOOSTER

KENTUCKY
PORT

HEATHER

LANSDALE

BAYSWATER
18TH
WINWAY

HILLTOP

PADDOCK

LAUREL CREEK
FLINT

MC AKER

SPURAWAY

EL PARQUE

KLAMATH

TREETOP
MAIDE
S
N
KY
SCOTT
JODY

MELROSE

CHESTNUT
MENA

EL PORTAL

HICKORY

HIGH VIEW

DALEHURST
CHRIS

EDGEWATER
ROGELL

BRADLEY

SANTA CLARA

BLOSSOM
29TH
2ND
POPLAR

RAILROAD
40TH
SUNSET
38TH
PALM
16TH
10TH

PARROTT

AMPHLETT
ALLEY
EDISON
7TH
ALLEY
ALLEY
IDAHO

CLAREMONT
IDAHO
41ST

ELDORADO

RAILROAD

BAYSHORE

PACIFIC
25TH

SAN MATEO
19TH

PARROTT
ALLEY
2ND
HOBART
31ST
31ST

CYPRESS
28TH
IVY

GRANT GRANT

FREMONT

EL CAMINO REAL
ALLEY
27TH

RAILROAD
ALLEY
29TH
39TH
Legend
SSP Ph 4
City of San Mateo Streets
San Mateo Smooth Streets Program Phase 4 Project
0 3,000 6,000 9,0001,500
Feet
Last Updated: 5/9/2023
SSP - Smooth Streets Program
Acronyms
208 of 763
Street From To
30th Avenue Monterey Street Fernwood Street
Cypress Avenue Norfolk Street Quebec Street
Dakota Avenue Patricia Avenue Rand St
West Grant Place Grant Street Grant Street
East Grant Place Grant Street Grant Street
Harvard Road Seville Way End
Hemlock Avenue Norfolk Street Shoreview Avenue
Hemlock Avenue Patricia Avenue Norfolk Street
Jody Court Edna Way End
Kingridge Drive Fernwood Street 141' N of Dalehurst Ave Lansdale Street 30th Avenue 31st Avenue
Mefferd Avenue Kingston Street Huron Avenue
Ontario Street Cypress Avenue 2nd Avenue
Peck Avenue St. Timothy's Ryder Street
Prague Street Trollman Avenue Monte Diablo Avenue
Prague Street Monte Diablo Avenue York Avenue
Rand Street Newbridge Avenue Dakota Avenue
Ryder Street Dolan Avenue End
Sharon Place Norfolk Street Ontario Street
Stephen Road Hillsdale Boulevard Alameda de las Pulgas
Vanessa Drive Eleanor Drive Wolfe Drive
209 of 763

CITY OF SAN MATEO

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: 10-4662 File ID: 23-7526 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 05, 2023
SUBJECT:

Citywide Street Rehabilitation Package 5B – Agreement
RECOMMENDATION:

Approve an agreement with MNS Engineers, Inc. for design services in an amount not to exceed $585,000; establish a contingency reserve of $58,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and approve amendments within the contingency amount.

BACKGROUND:

The City owns and maintains pavement assets consisting of approximately 200 miles of streets, bike paths, and alleyways.

The Pavement Management Program (PMP) is managed by Public Works and consists of the implementation of annual pavement maintenance and capital improvements that cannot be performed by the City’s field maintenance crews. On February 9, 2023, the City issued a Request for Proposals (RFP) for engineering design services for the Citywide Street Rehabilitation Package 5B (PMP-5B) at various locations within the City.

The City received a total of five proposals and were reviewed by a panel of Public Works staff to evaluate the proposed project team, project approach, and estimated level of effort. MNS Engineers, Inc. (MNS) was identified as the highest ranked proposal based on experience with similar projects, comprehensive approach, and favorable references. MNS’s proposed scope, schedule, and budget align with the City’s needs. Staff recommends entering a contract with MNS to perform the design services for this project for an amount not to exceed $585,000 and establishing a contingency of $58,000 (10% of the contract budget) to cover any unforeseen changes during the design process.

BUDGET IMPACT:

Sufficient funds are available in the Citywide Street Rehabilitation Package 3/Street Rehabilitation Phase 5-B project (467009) to award this agreement and fund the contingency reserve.

ENVIRONMENTAL DETERMINATION:

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement
210 of 763

CITY OF SAN MATEO
Att 2 – Location Map/List

STAFF CONTACT
Stephanie Gindlesperger, Senior Engineer
[email protected]
650-522-7315
211 of 763
Design Professional Services 2020 Page 1 of 8
Rev 7/21
AGREEMENT WITH MNS ENGINEERS, INC.

FOR DESIGN PROFESSIONAL SERVICES
FOR
CITYWIDE STREET REHABILITATION PACKAGE 5-B
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 MNS ENGINEERS, INC., a corporation, (“CONSULTANT”), whose address is 111 N. Market Street, Suite 440, San Jose, CA 95113:

RECITALS:

A. CITY desires certain professional design services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

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

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

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

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

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

SECTION 3 - DUTIES OF CITY
CITY shall provide pertinent information regarding its requirements for the project. 212 of 763
Design Professional Services 2020 Page 2 of 8
Rev 7/21
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 upon execution of agreement and continue until all work is completed and accepted by the City’s project manager.

CITY agrees to exercise due diligence in performing its tasks to implement the CONSULTANT'S timetable.

SECTION 5 - PAYMENT
Payment shall be made by CITY only for services rendered and upon submission of a payment request upon completion and CITY approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, CITY agrees to pay CONSULTANT a fee in an amount of $585,000, pursuant to rates stated in Exhibit B to this Agreement, attached and incorporated by reference.

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

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

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

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. 213 of 763
Design Professional Services 2020 Page 3 of 8
Rev 7/21
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 the most skillful manner, and CONSULTANT agrees to thus perform the work. The acceptance of CONSULTANT's work by CITY does not operate as a release of CONSULTANT from said obligation.

SECTION 15 - WAIVERS
The waiver by either party of any breach or violation of any term, covenant, or condition of this 214 of 763
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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 sub-consultants shall discriminate in the employment of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.

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

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties. 215 of 763
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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: Azalea Mitch, Director of Public Works
City of San Mateo
330 W 20th Ave
San Mateo, CA 94403
To CONSULTANT: MNS Engineers, Inc.

Attn: Martha Dadala
111 N. Market Street, Suite 440
San Jose, CA 95113
SECTION 22 - AGREEMENT CONTAINS ALL
UNDERSTANDINGS; AMENDMENT
This document represents the entire and integrated agreement between CITY and CONSULTANT and supersedes all prior negotiations, representations, and agreements, either written or oral.

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

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

SECTION 24 - GOVERNING LAW AND VENUE
This Agreement shall be governed by the laws of the State of California and, in the event of litigation, venue will be in the County of San Mateo.
[SIGNATURE PAGE FOLLOWS]
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IN WITNESS WHEREOF, CITY and CONSULTANT have executed this Agreement the day and year first above written.

CITY OF SAN MATEO CONSULTANT
Azalea Mitch
Director of Public Works
Date Darren Riegler
Its Authorized Agent
President/CEO
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date
Attachments:

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

SCOPE OF SERVICES

PROJECT DESCRIPTION
CONSULTANT’s proposed scope of services includes evaluating the condition of the pavement of the street segments, conduct surveys, perform geotechnical investigations, and recommend pavement rehabilitation solutions. CONSULTANT will prepare basis of design report, preliminary and final design plans, specifications and estimates for City to advertise the Citywide Street Rehabilitation 5B Project (Project). The following streets and limits are included in this scope of services.

Street Name From To Length
(ft)
Width
(ft)
4th Avenue Grant Eldorado 665 40
4th Avenue Eldorado Delaware 332 40
4th Avenue B St Ellsworth 300 44
10th Avenue Idaho Amphlett 326 18
41st Avenue Hacienda Bayview 1,400 24
Alley 9 Palm Place 350' E/O Palm Place 350 20
Darcy Court Darcy End 111 18
Eleanor Drive Edna Joanne 450 28
Grand Boulevard Claremont Railroad 546 33
Grant Street Concar 16th 2,041 34
Idaho Street 9th 10th 566 24
Newbridge Avenue Norfolk Bayshore 1,040 29
Norfolk Street Lodi Kehoe 1,187 41
Norfolk Street Dale Newbridge 925 40
Norfolk Street Newbridge Dakota 834 41
Otay Avenue Pacific Curtiss 1,097 28
Poplar Avenue Hurlingham El Camino Real 850 33
Railroad Avenue
(Northeast Side) 5th 9th 1,160 38
Santa Inez Avenue Amphlett Idaho 340 28
Santa Inez Avenue Idaho Humboldt 360 24
Serra Court Idaho End 160 20
Thomas Court Idaho End 155 20

SCOPE OF WORK
TASK 1 – PROJECT MANAGEMENT AND COORDINATION
CONSULTANT will coordinate the project development process and the development of the project components. CONSULTANT will be responsible for detailed management of 218 of 763
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the project, including the subconsultants, and keep the City appraised of the status of the project. CONSULTANT will represent the City, with the City’s input and approval, in communications with other external agencies, as needed, to deliver the Project.

CONSULTANT will prepare and submit monthly progress reports including summary of completed activities; proposed activities for next month; issues affecting project delivery, scope, schedule, or budgets summary of project decisions updated project schedule, budget status, percent of work complete and cost to complete remaining works and other important project information.

CONSULTANT will prepare and submit a baseline schedule including identifying key permits and agency approvals with associated processes required to facilitate the design and construction of the Project. CONSULTANT will provide a monthly milestone update as part of virtual bi-weekly progress meetings described below.

The CONSULTANT Project Manager will attend an in-person kick-off meeting, virtual biweekly progress review meetings, design submittal presentations, and review meetings at each submittal milestone, and as described elsewhere in this scope of services.

Task 1 Deliverables
• Baseline schedule
• Monthly project progress report and schedule submitted with invoice • Meeting agendas and minutes
TASK 2 – SITE INVESTIGATIONS
Task 2.1 – Topographic Survey
CONSULTANT will perform field surveying and mapping services in support of the pavement rehabilitation improvements identified as 23 roadway sections totaling approximately 16,000 linear feet (LF). This scope of work includes an aerial survey, orthophoto creation, and ground surveys with supplemental information for design. MNS will establish new control on the NAD83, Epoch 2017.50 horizontal datum and NAVD88 vertical datum based on local GPS ties. The limits of the aerial and ground surveys will extend to construction limits or R/W boundaries and include any adjacent applicable features. This also includes extending the survey 25 feet in all directions of major intersections. The ground surveys will include curb ramp footprints needing replacement for ADA compliance (Approx. 62 ramps). CONSULTANT will prepare a topographic base map in AutoCAD at a scale of 1” = 20’ with 1-foot-contour intervals. This scope of work does not include manhole inverts or underground utility location services.

The existing City right of way will be based on available City and County GIS mapping.

This scope of work does not include locating centerline monuments or retracing existing street centerlines.
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Assumptions. This scope of work does not include title report acquisitions or preparation of legal descriptions.

Task 2.2 – Geotechnical Investigation
CONSULTANT will perform geotechnical investigations for the proposed streets rehabilitation project. A drilling permit is not required from San Mateo County since the borings will be less than 10 feet deep. CONSULTANT will obtain encroachment permits from the City. It is assumed that the permit fee will be waived for this City project. It is also assumed that the City will allow a typical moving traffic control for all locations.

CONSULTANT’s field engineer will mark the exploration locations and contact Underground Service Alert (USA) for utility clearances. No private utility locator is assumed in the scope.

CONSULTANT proposes to drill 25 borings. Our field engineer will collect one pavement core from the existing HMA and/or PCC portion of the pavement and one bulk sample up to 5 feet deep for R-value testing at each borehole location.

It is assumed that a truck-mounted drill rig will be used for field explorations. One travel lane may have to be closed while drilling. It is expected that each location will take 45 to 60 minutes to complete. CONSULTANT will engage a vendor to provide moving traffic control during the field exploration.

CONSULTANT’s field engineer will classify and log the subsurface soil conditions encountered in the test borings at the time of drilling. Please note that the actual boring locations are subject to utility conflict and site access.

The GPS coordinates for each test boring location will be recorded by using a cellphone. Our scope does not include a survey of the locations. The pavement will be restored by using the cold AC patch. The field exploration would be completed between regular business hours, i.e., no night work.

Task 2.3 – Geotechnical Investigation Report
CONSULTANT will perform laboratory tests on representative soil samples to develop pavement design parameters, i.e. R-values. The scope includes up to 20 Atterberg Limits, 10 regular R-Value tests, and 5 lime-treated R-value tests on subgrade materials for pavement design.

CONSULTANT will tabulate the pavement thickness measured from the core samples and their locations, and the core photos will be included. Pavement sections will be developed based on Caltrans empirical method with the traffic index provided by the City and the R-value from the test results. It is our understanding that chemical treatment is expected due to the potential soft subgrade. Pavement recommendations with chemical treatment, including full-depth reclamation, will be developed as needed. 220 of 763
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CONSULTANT will prepare a report to summarize the findings and pavement recommendations. A draft report will be submitted for the City’s review. A final report will address the review comments and design updates.

Percolation tests and Non-Destructive Deflection Testing are not part of the scope of work of this investigation.

Task 2.4 – Utility Coordination and Potholing
CONSULTANT will identify potential existing utility conflicts and any suggested utility relocation scope highlighting where a third-party utility may be required to perform utility relocation in accordance with existing franchise agreements and identify potential schedule impacts. The City will lead coordination with the impacted third-party utility, but CONSULTANT will be responsible for preparing exhibits, work summaries, and participating in meetings with the affected third-party utilities. CONSULTANT assumes 10 potholes will be required where the pavement structure needs to be replaced and known underground utilities are in conflict. CONSULTANT will engage a vendor to locate the utilities and positively locate them using vacuum excavation. CONSULTANT will secure a no-fee encroachment permit from the City prior to performing utility potholing.

Task 2 Deliverables
• Topographic surveys
• Geotechnical investigation report
• Utility conflict maps and matrix
• Utility pothole report
TASK 3 – PRELIMINARY ENGINEERING
Task 3.1 -Preliminary Design
CONSULTANT will evaluate all street segments to identify potential risks and mitigation approaches. The evaluation will be used to guide development of construction method selection and highlight potential unstable subgrade limits based on the geotechnical investigations and recommendations. CONSULTANT will develop design criteria to determine limits of pavement replacement, curb/ gutter modifications, recommended cross slopes, and other site improvements determined to be required to facilitate street rehabilitation in the most cost-effective manner feasible.

CONSULTANT will identify potential site constraints to be considered when developing the proposed street reconstruction design including, but not limited to, any potential curb ramps that may be required to be replaced to meet current laws and regulations; areas of excessive ponding (e.g. greater than one-inch of ponding); impacts to private driveways; and other improvements necessary to facilitate successful reconstruction.

CONSULTANT will prepare 30% design level drawings identifying the proposed improvements and limits of work.
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Task 3.2 -Basis of Design (BOD) Report
CONSULTANT will prepare BOD Report and present it to the City including facilitating a workshop that will be attended by the Public Works Director and Deputy Director of Public Works for acceptance prior to proceeding with detailed design work.

Task 3 Deliverables
• 30% design submittal including plans, specifications outline, and cost estimate • BOD report
• Technical review workshop agenda and minutes
TASK 4 – PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E)
Based on the concurrence of preliminary design, CONSULTANT will prepare draft PS&E packages. CONSULTANT will communicate with various agencies and utility companies as necessary to obtain information regarding the existing utilities and to identify utility conflicts. After receiving draft PS&E review comments from the City, CONSULTANT will prepare for and facilitate a design review workshop with City staff to review and resolve the City’s comments.

CONSULTANT will prepare and submit final construction contract documents incorporating all comments from previous reviews. The plans will be prepared using AutoCAD and plot at appropriate scales on 22-inch x 34-inch sheets. CONSULTANT will prepare specifications in the format of Caltrans standard specifications 2018 version. The City will provide City’s Standard Specification Template based on Caltrans 2018 for consultant’s use. All special provisions and technical specifications required for construction will conform to City and Caltrans specifications. CONSULTANT will assist the City in preparing the bid document including bid schedule and description of bid items.

CONSULTANT will develop a schedule of bid items to address all required contract work and prepare clear specifications for measurement and payment. Provisions for alternate items may be considered as an approach to keep the Project within budget.

CONSULTANT will identify any physical work required for project implementation outside of the construction contract and provide recommendations for the procurement method.

Utility mapping and disposition will be shown on the layout plans. The disposition of existing signage that are impacted by the curb ramp reconstruction will be shown on the curb ramp detail plans.

The Plans anticipated to be included with each submittal are presented in the following table:
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Plan Set Scale Preliminary
Design
Draft
PS&E
Final
PS&E Bid Set
Title NTS 1 1 1 1
Project Control Sheet NTS 1 1 1
Typical Sections NTS 2 4 4 4
Key Map NTS 1 1 1 1
Layouts 1"=20' 36 36 36 36
Curb Ramps 1”=10’ 21 21 21
Const. Details 1"=10' 4 6 6
Striping Plans 1"=20' 20 20 20
Total 40 88 90 90
Task 4 Deliverables
• Draft submittal in electronic format (MS Word, Excel, and Adobe PDF) • Final PS&E submittals in electronic format (MS Word, Excel, and Adobe PDF) • Technical review workshop agenda and minutes
• Final quantity calculations and estimates
TASK 5 – BID SUPPORT
CONSULTANT will assist the City to respond to questions concerning the plans, specifications, and other bid documents prior to bid opening and prepare contract addenda, if needed. CONSULTANT will package the final PS&E into the construction contract bid documents and prepare electronic copies. CONSULTANT will be available to answer any bidders inquiries and prepare addenda as needed to clarify the design intent on the plans and specifications.

Task 5 Deliverables
• Contract addenda, if needed, for distribution by the City • Written responses to bidder questions for distribution by the City during bid phase Project Assumptions
CONSULTANT’s proposed scope of services and budget are provided based on the following assumptions.
• No change in overall roadway cross section
• The existing drainage systems have adequate capacity
• No new bicycle lanes/sidewalks are required
• The properties and schools will be maintained
• No intersection improvements other than ADA curb ramps will be included 223 of 763
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• The project corridor has approximately 117 curb ramps of which 55 have already been upgraded. These 55 curb ramps will not be designed as part of this project.
• The City will issue the encroachment permit to conduct surveys at no cost to the MNS team
• No new R/W will be required
• Specifications will handle the project traffic control and public access requirements

SCHEDULE
CONSULTANT will provide the scope of services described above on a mutually agreeable schedule.

BUDGET
CONSULTANT proposes to provide our services on a time and materials basis with a notto-exceed budget of $585,000. Attachment B to this Agreement provides the 2023 Standard Schedule of Fees that will be used for the Project. 224 of 763
20 2 3 S T ANDARD SCHEDULE OF FEES

PROJECT/PROGRAM MANAGEMENT
Principal-In-Charge............................... $325 Senior Project/Program Manager......310
Project/Program Manager.................... 260
Assistant Project/Program Manager 245
Senior Project Coordinator................... 185
Project Coordinator................................. 155

ENGINEERING
Principal Engineer.................................. $290 Lead Engineer............................................ 255 Supervising Engineer.............................. 245
Senior Project Engineer......................... 225
Project Engineer........................................ 200 Associate Engineer .................................. 180 Assistant Engineer.................................... 165

SURVEYING
Principal Surveyor.................................. $265 Lead Surveyor............................................ 255 Supervising Surveyor.............................. 220
Senior Project Surveyor......................... 200
Project Surveyor........................................ 175 Associate Project Surveyor................... 165
Assistant Project Surveyor.................... 150
Party Chief (PW)........................................ 180 Chainperson (PW) .................................... 150 One-Person Survey Crew (PW)........... 215

CONSTRUCTION MANAGEMENT
Principal Construction Manager...... $320
Senior Construction Manager............. 275
Senior Resident Engineer...................... 265
Resident Engineer.................................... 255 Structure Representative....................... 245
Construction Manager...........................220
Assistant Resident Engineer.................205
Sr. Construction Inspector (PW) ........ 190
Construction Inspector (PW) .............. 180
Office Administrator................................ 130

TECHNICAL SUPPORT
CADD Manager....................................... $200 Supervising Technician .......................... 170
Senior Technician..................................... 160 Engineering Technician.......................... 125

ADMINISTRATIVE SUPPORT
Senior Management Analyst.............$185
Management Analyst.............................. 155
IT Technician............................................... 140 Graphics/Visualization Specialist....... 150
Administrative Assistant........................100

GOVERNMENT SERVICES
City Engineer........................................... $250 Deputy City Engineer..............................225
Assistant City Engineer...........................215
Plan Check Engineer................................ 190 Permit Engineer......................................... 185 City Inspector.............................................185 Senior City Inspector (PW) .................. 195
City Inspector (PW).................................. 185 Principal Stormwater Specialist.......... 180
Senior Stormwater Specialist............... 170
Stormwater Specialist............................. 160
Stormwater Technician .......................... 140
Building Official.........................................220 Senior Building Inspector......................235
Building Inspector....................................165 Planning Director......................................225 Senior City Planner ..................................205 Assistant Planner ......................................195 Senior Grant Writer..................................180 Grant Writer................................................170 Associate Grant Writer...........................150
Assistant Grant Writer ............................130

DIRECT EXPENSES
Use of outside consultants as well as copies, blueprints, survey stakes, monuments, computer plots, telephone, travel (out of area) and all similar charges directly connected with the work will be charged at cost plus fifteen percent (15%). Mileage will be charged at the current federal mileage reimbursement rate.

PREVAILING WAGE RATES
Rates shown with Prevailing Wage “(PW)” annotation are used for field work on projects subject to federal or state prevailing wage law and are subject to increases per DIR.

ANNUAL ESCALATION
Standard fee rates provided for each classification are subject to 3.5% annual escalation or the most recent US Bureau of Labor Statistics Consumer Price Index, whichever is higher.

OVERTIME
Overtime for non-exempt employees will be charged at 1.5 x hourly rate; overtime for exempt employees and other classification will be charged at 1 x hourly rate.

Exhibit B
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EXHIBIT C

INSURANCE REQUIREMENTS

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

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if 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.

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.

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. 227 of 763
B 3RD

DELAWARE
5TH

NORFOLK
31ST
US HWY 101 SB US HWY 101 NB

HILLSDALE
PALM
STATE HWY 92 EB
STATE HWY 92 WB
4TH
28TH
9TH
GRANT
IDAHO
36TH
26TH
30TH

HUMBOLDT
41ST
20TH
37TH
42ND
19TH
2ND
KEHOE
40TH
39TH
MAPLE
24TH
22ND

EL CAMINO REAL
23RD
27TH

ALAMEDA DE LAS PULGAS
EDISON
TILTON

CLAREMONT
AVILA
CLARK

BELLEVUE
16TH

BAYSHORE

HACIENDA

PENINSULA

SAN MATEO

DE ANZA

FREMONT
DIX

SARATOGA
29TH
1ST
ELM
FLORES
LODI
MARTIN
SYLVAN

PARROTT
25TH

BRANSON

J HART CLINTON
BIRCH
YEW
PICO

SEVILLE

POLHEMUS
OAK
NORTON
ARAGON
DALE

ROBERTA

ELLSWORTH

VIRGINIA
NEVADA

HARVARD
WARREN

EDINBURGH
CONCAR

CURTISS
QUEBEC
GRAND
ROYAL
VILLA
MASON

BAZE OTAY

SHOREVIEW
FIESTA
CSM
10TH

CRYSTAL SPRINGS

HIGHLAND
POPLAR
INDIAN

PATRICIA

FASHION ISLAND
12TH

BERMUDA
RAND

LA SELVA
11TH

FRANKLIN
COBB
15T
1 H
4TH
13TH

PASADENA

ELDORADO

RAILROAD
SONORA
TILIA

PARKWOOD

MONTEREY

EDGEWOOD
LAUREL
YORK

POINSETTIA
17TH

LA CASA

CASANOVA
ORINDA

MARINERS ISLAND

BARROILHET

NOTRE DAME

BARNESON

CASTILIAN

CYPRESS
YALE
LOUISE

FAIRFAX

NEWBRIDGE

GLENDORA
ALLEY

AIRPORT
38TH
43RD
THIRD
KINGS

HEMLOCK

CRESCENT
HOBART
HAMLET

OCCIDENTAL

FERNWOOD
NADINA
GUM

KINGRIDGE

COSTA RICA
BOREL

SUNNYBRAE
CAMPUS
PRAGUE

PACIFIC
ADA
DAY
LAGO

HOLLAND

AMPHLETT
OTTAWA
IVY
WAYNE
BORDEN

KINGSTON

ENSENADA

LOS PRADOS

BROMFIELD
WOLFE
SUNSET
8TH
7T
6 H
TH
KYNE
ECHO
FALLON
NORTH
MAXINE
SHASTA

OCEAN VIEW
NASH
DAVID

SEQUOIA
OREGON

LAURELWOOD
LESLIE

MC LELLAN

PARK PORTOLA
YATES
NOE

WILSHIRE
STATE

LOS ALTOS

CARLISLE
MURPHY
IOWA

COLEGROVE
ARMAD
E
A

ISENHOWER

FAIRMONT
BAKER
BOVET

MONTE DIABLO

VENTURA

TROLLMAN
REGAN

O NEILL
SHOAL

HURLINGHAM
CUESTA
RAMONA
MARINA
REX
QUEENS
DONNER

FOLKSTONE

WOODSIDE
OSO
CHURCH

SHAFTER

BALDWIN

VANBUREN

ANNAPOLIS LIVE OAK

MISSION
EDNA
HOWE

COLUMBIA

CLEARVIEW

COUNTRYSIDE
FATHOM

OVERLAND
BRIAR
SOUTH
ANNA

WASHINGTON
JOANNE

GREENFIELD
BEACON
ADAMS
VERDUN

CHERRYWOOD
HURON

ASHWOOD
ROSSI
LOLA
KALMIA
MIDWAY
RHUS
POLK

HOSMER PLAYA

BUCKNELL
DEWEY

GUILDFORD
LAKE
PECK
BROOKS
ARBOR

RANELAGH
CONNIE

LAURIE MEADOWS

BAYWOOD

DETROIT
TEXAS

ROLLING HILLS

CELESTE
LOCUST

RANDALL

FOOTHILL

EL CERRITO

ROSILIE

SANTA INEZ

CLIPPER

DE SABLA

GARFIELD
GARVEY
LLANO

ISABELLE

CRESTWOOD

BRIDGEPOINTE

PROSPECT ROW
ARROYO

JASMINE

JUNIPER
PIERCE
DUBLIN
MONROE
CHESS

PARKSIDE

CAVANAUGH

OAKWOOD
ARK

LAFAYETTE

MAGNOLIA

HAYWARD
VERNON
DOLAN
CAXTON

KENWOOD
TAYLOR
WISNOM

COYOTE POINT

ROCHESTER

WOODLAND

FORDHAM
QUINCE
HARROW
KING

TIMBERLANE

ELLIOTT

SANTIAGO

MARY LU

HILLSBOROUGH
BAHIA
RYDER
KELLY
TURNER

BAYVIEW

TICONDEROGA

BAYRIDGE
TOYON

DEL MONTE
ALDER
HADDON

CHAPMAN

LAKEWOOD

HILLCREST

SEAGATE

COLLEGE
LINDA
TULANE

SULLIVAN

STRATFORD
SHARON
FOSTER

DORCHESTER
EATON

MEFFERD

JEFFERSON

VOELKER

ROSEWOOD
GEORGE

MC KINLEY

STEPHEN
CROWN
VISTA

LULA BELLE

LORRAINE

OVERLOOK

PIONEER
STUDIO
CAMDEN

WOODBRIDGE
ANCHOR

EL SOBRANTE

GLENDALE

WOOSTER

KENTUCKY
PORT

HEATHER

LANSDALE

BAYSWATER
18TH
WINWAY

HILLTOP

PADDOCK

LAUREL CREEK
FLINT

MC AKER

SPURAWAY

EL PARQUE

KLAMATH

TREETOP
MAIDE
S
N
KY
SCOTT
JODY

MELROSE

CHESTNUT
MENA

EL PORTAL

HICKORY

HIGH VIEW

DALEHURST
CHRIS

EDGEWATER
ROGELL

BRADLEY

SANTA CLARA

BLOSSOM
29TH
2ND
POPLAR

RAILROAD
40TH
SUNSET
38TH
PALM
16TH
10TH

PARROTT

AMPHLETT
ALLEY
EDISON
7TH
ALLEY
ALLEY
IDAHO

CLAREMONT
IDAHO
41ST

ELDORADO

RAILROAD

BAYSHORE

PACIFIC
25TH

SAN MATEO
19TH

PARROTT
ALLEY
2ND
HOBART
31ST
31ST

CYPRESS
28TH
IVY

GRANT GRANT

FREMONT

EL CAMINO REAL
ALLEY
27TH

RAILROAD
ALLEY
29TH
39TH
Legend
PMP 5B
City of San Mateo Streets
San Mateo Pavement Management Program 5B Project
0 3,000 6,000 9,0001,500
Feet
Last Updated: 5/9/2023
PMP - Pavement Management Program
Acronyms
228 of 763
Street Name From To
4th Avenue Grant Eldorado
4th Avenue Eldorado Delaware
4th Avenue B Ellsworth
10th Avenue Railroad Delaware
10th Avenue Idaho Amphlett
41st Avenue Hacienda Bayview
Alley 9 Palm Place 350' E/O Palm Place
Darcy Court Darcy End
Eleanor Drive Edna Joanne
Grand Boulevard Claremont Railroad
Grant Street Concar 16th
Idaho Street 9th 10th
Newbridge Avenue Norfolk Bayshore
Norfolk Street Lodi Kehoe
Norfolk Street Dale Newbridge
Norfolk Street Newbridge Dakota
Otay Avenue Pacific Curtiss
Poplar Avenue Hurlingham El Camino Real
Railroad Avenue (Northeast Side) 5th 9th
Santa Inez Avenue Amphlett Idaho
Santa Inez Avenue Idaho Humboldt
Serra Court Idaho End
Thomas Court Idaho End
LIST OF STREET SEGMENTS - PMP 5B
229 of 763

CITY OF SAN MATEO

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 18 Section Name: CONSENT CALENDAR Account Number: 10-4663 File ID: 23-7225 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: Public Works Department
MEETING DATE: June 5, 2023
SUBJECT:

Bermuda Drive Bridge Replacement Project Pacific Gas & Electric – Grant of Easement RECOMMENDATION:

Adopt a Resolution to grant an Easement Deed to Pacific Gas & Electric and authorize the City Manager to execute the Easement Deed.

BACKGROUND:

On May 21, 2018, Council approved a professional services agreement with Biggs Cardosa Associates, Inc. (BCA) to perform the engineering design and environmental permitting for the Bermuda Drive Bridge Replacement Project (Project). The design is based on the installation of torque-down piles to support the bridge, a method that will minimize noise and vibration.

To facilitate the installation of the piles, the overhead Pacific Gas & Electric (PG&E) lines on the north side of the bridge will require relocation and will be placed underground. This will allow clear space for the pile installation equipment prior to the bridge construction work. While there is an existing easement along the north side of the channel for overhead utilities, the space is not large enough to accommodate the undergrounding of the power lines. An additional easement is needed to accommodate the new alignment of the power lines and access vault. The new vault will be placed within the parking lot of the City-owned Fiesta Meadows Park for accessibility and protection from creek bank erosion. Parking within the lot will not be affected since the vault will be underground.

Staff requests Council approve granting the utility easement to PG&E to underground their electrical lines and allow for the replacement of the bridge. Upon approval of the easement, the City will coordinate with PG&E on the undergrounding effort. PG&E’s work is expected to take three months to complete. Once the undergrounding is completed, the City will begin the construction of the bridge replacement, which is anticipated to begin in spring of 2024.

BUDGET IMPACT:

Sufficient funds are available for the recordation of the easement from the Bermuda Drive Bridge Replacement Project (462250).

ENVIRONMENTAL DETERMINATION:

The proposed activity is exempt from CEQA, because it involves granting an easement for the installation of a new small structure, namely an underground PG&E vault. (CEQA Guidelines Section 15303.)

NOTICE PROVIDED
All meeting noticing requirements were met.
230 of 763

CITY OF SAN MATEO

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Proposed Easement Deed

STAFF CONTACT
Leo Chow, Associate Engineer
[email protected]
(650) 522-7344
Stephanie Gindlesperger, Senior Engineer
[email protected]
650-522-7315
231 of 763

CITY OF SAN MATEO
RESOLUTION NO. ___ (2023)

GRANTING EASEMENT TO PACIFIC GAS & ELECTRIC (PG&E)
(1141 BERMUDA DRIVE, SAN MATEO, CA 94403; APN 035-340-140) WHEREAS, the City of San Mateo (“City”) is the record owner of real property located at 1141 Bermuda Drive in the city of San Mateo, California, APN 035-340-140; and WHEREAS, this real property is commonly known as “Fiesta Meadows Park”; and WHEREAS, the City Council approved the award of a professional services agreement with Biggs Cardosa Associates for design of the Bermuda Drive Bridge Replacement Project; and WHEREAS, the project team is pursing the environmental clearance form Caltrans and permits from regulatory agencies; and
WHEREAS, a utility conflict was identified that would impede construction and the existing overhead PG&E electrical lines prohibit pile installation equipment to be raised and install bridge piles; and
WHEREAS, prior to bridge construction, PG&E will underground the electrical lines to allow for the pile installation equipment to operate; and WHEREAS, the City and PG&E agree that additional easement area is necessary to facilitate the undergrounding of the electrical lines, which involves removal of overhead electrical lines, undergrounding of electrical lines, and installation of an underground vault in the parking lot of Fiesta Meadows Park north of the channel area; and WHEREAS, staff requests that the City Council approve granting a utility easement to PG&E to underground their electrical lines.

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

1. CEQA. This project is exempt from CEQA, because it involves granting an easement for the installation of a new small structure, namely an underground PG&E vault (CEQA Guidelines Section 15303).

2. The “Easement Deed” attached hereto as Exhibit A, granting an easement to PG&E within Fiesta Meadows Park, 1141 Bermuda Drive, in San Mateo, CA, is approved. The City Manager is authorized to execute the Easement Deed. 232 of 763

EXHIBIT A
Utility Distribution Easement (02/2020)
RECORDING REQUESTED BY AND RETURN TO:

PACIFIC GAS AND ELECTRIC COMPANY
245 Market Street, N10A, Room 1015
P.O. Box 770000
San Francisco, California 94177
Location: City/Uninc
Recording Fee $_____________________________
Document Transfer Tax $ None
San Mateo
[X ] This is a conveyance where the consideration and
Value is less than $100.00 (R&T 11911).
[ ] Computed on Full Value of Property Conveyed, or
[ ] Computed on Full Value Less Liens
& Encumbrances Remaining at Time of Sale
[ ] Exempt from the fee per GC 27388.1 (a) (2); This
document is subject to Documentary Transfer Tax
(SPACE ABOVE FOR RECORDER'S USE ONLY)
Signature of declarant or agent determining tax
LD# 2304-04-10051 EASEMENT DEED
CITY OF SAN MATEO, a municipal corporation,
hereinafter called Grantor, hereby grants to PACIFIC GAS AND ELECTRIC COMPANY, a California corporation, hereinafter called Grantee, the right from time to time to excavate for, construct, reconstruct, replace (of initial or any other size), remove, maintain, inspect, and use facilities and associated equipment for public utility purposes, including, but not limited to electric, gas, and communication facilities, together with a right of way therefor, on, over, and under the easement area as hereinafter set forth, and also ingress thereto and egress therefrom, over and across the lands of Grantor situated in the City of San Mateo, County of San Mateo, State of California, described as follows:
(APN 035-340-140)
The parcel of land described in the Final Judgement of Condemnation, wherein City of San Mateo is plaintiff, dated December 27, 1974 and recorded in Book 6760 of Official Records at Page 561, San Mateo County Records.

The easement area is described as follows:

The strip of land described in Exhibit “A” and shown on Exhibit “B” attached hereto and made a part hereof.

Grantor further grants to Grantee the right, from time to time, to trim or to cut down, without Grantee paying compensation, any and all trees and brush now or hereafter within said easement area, and shall have the further right, from time to time, to trim and cut down trees and brush along each side of said easement area which now or hereafter in the opinion of Grantee may interfere with or be a hazard to the facilities installed hereunder, or as Grantee deems necessary to comply with applicable state or federal regulations.
233 of 763
Utility Distribution Easement (02/2020)
Grantor also grants to Grantee the right to use such portion of said lands contiguous to said easement area as may be reasonably necessary in connection with the excavation, construction, reconstruction, replacement, removal, maintenance and inspection of said facilities.

Grantor hereby covenants and agrees not to place or construct, nor allow a third party to place or construct, any building or other structure, or store flammable substances, or drill or operate any well, or construct any reservoir or other obstruction within said easement area, or diminish or substantially add to the ground level within said easement area, or construct any fences that will interfere with the maintenance and operation of said facilities.

Grantor further grants to Grantee the right to apportion to another public utility (as defined in Section 216 of the California Public Utilities Code) the right to excavate for, construct, reconstruct, replace, remove, maintain, inspect, and use the communications facilities within said easement area including ingress thereto and egress therefrom.

Grantor acknowledges that they have read the “Grant of Easement Disclosure Statement”, Exhibit “C”, attached hereto and made a part hereof.

This document may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument.

The provisions hereof shall inure to the benefit of and bind the successors and assigns of the respective parties hereto, and all covenants shall apply to and run with the land.

Dated: __________________, _______.

CITY OF SAN MATEO,
a municipal corporation
By__________________________________
By__________________________________
I hereby certify that a resolution was adopted on
the _____ day of ______________, 20_____, by
the_____________________________________
authorizing the foregoing grant of easement.

By_____________________________________
234 of 763
Utility Distribution Easement (02/2020)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

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

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

WITNESS my hand and official seal.
(Seal)
Signature of Notary Public

CAPACITY CLAIMED BY SIGNER
[ ] Individual(s) signing for oneself/themselves
[ ] Corporate Officer(s) of the above named corporation(s) [ ] Trustee(s) of the above named Trust(s)
[ ] Partner(s) of the above named Partnership(s)
[ ] Attorney(s)-in-Fact of the above named Principal(s) [ ] Other
235 of 763
June 7, 2022
Project No. 20100091-10
EXHIBIT “A”

LEGAL DESCRIPTION
PG&E EASEMENT (12.00 FEET WIDE)
All that certain real property situate in the City of San Mateo, County of San Mateo, State of California, being a portion of the lands described in that certain Final Judgment of Condemnation recorded December 31, 1974 in Book 6760, at page 561, Official Records of said county, said portion being more particularly described as follows:

COMMENCING at the most southerly corner of said property, said corner also being on the easterly right-of-way line of Bermuda Drive as shown on that certain map entitled “Fiesta Gardens Unit No. 1”, filed for record on June 15, 1954 in Book 39 of Maps at pages 9 and 10, records of said county; Thence along said easterly right-of-way the following two (2) courses:

1. From a tangent bearing North 19°00’00” West, northwesterly along a curve to the left, having a radius of 560.00 feet, through a central angle of 01°01’23”, an arc length of 10.00 feet, to the northerly line of that certain PG&E Easement described in that certain deed recorded September 24, 1956, in Book 3098, at page 722, Official Records of said county, and the POINT OF BEGINNING of this description;

2. Continuing along said curve, having a radius of 560.00 feet, through a central angle of 01°13’42” an arc length of 12.01 feet;
Thence leaving said easterly right-of-way the following two (2) courses:

1. North 71°00'00" East, 90.34 feet;

2. South 19°00'00" East, 12.00 feet to said northerly line of said PG&E Easement; Thence along said northerly line, South 71°00'00" West, 90.00 feet to the POINT OF BEGINNING.

Containing an area of 1,082 square feet more or less.

BASIS OF BEARINGS:

The bearing of South 19°00’00” East, between two found monuments on Bermuda Drive, as shown on that certain map entitled “Fiesta Gardens Unit No. 2”, filed for record on May 18, 1955 in Book 42 of Maps at pages 19-20, records of San Mateo County, was taken as the basis of bearings for this survey.

BKF ENGINEERS
255 Shoreline Drive, Suite 200, Redwood City, CA 94065 | 650.482.6300

Page 1 of 3 ends

San Mateo City CouncilJune 5, 2023

San Mateo City Council
June 5, 2023