San Mateo City Council
July 17, 2023

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

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

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

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

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

To join via Zoom – click here:

July 17, 2023
To join via telephone: (408) 638-0968
Webinar ID: 890 4225 7032 Passcode: 490260
The City Council meeting will conclude by 11:00 p.m. unless otherwise extended by council vote.

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

CALL TO ORDER
Pledge of Allegiance
Roll Call

CEREMONIAL

1. Parks and Recreation Month – Proclamation

2. Neighborhood Watch Board of Directors – Recognition

3. National Disabilities Awareness 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.

4. City Council Meeting Minutes – Approval
Approve the minutes of the special and regular meetings of June 20, 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).)

5. Personnel Board and Park and Recreation Commission Subcommittees – Appointment Recommendations Appoint Elizabeth DeWinter to the Personnel Board for a full first term through June 10, 2027, and place Stacie Nevares on an eligibility list for one year should another vacancy on the Personnel Board occur. Appoint Sandra Kiapi to the Park and Recreation Commission for a full first term through June 10, 2027, and place Regina Trapp, Peter Wicher, and Tatyana Shapiro on an eligibility list, in this order, for one year should another vacancy on the

1 of 597

Park and Recreation Commission occur.

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).)

6. Juvenile Diversion Program Case Management Services – Amendments Adopt a Resolution to appropriate $68,585 to the Police Department's fiscal year 2023-2024 operating budget; approve Amendment No. 1 to the agreement with the YMCA for the Juvenile Diversion Program to incorporate bilingual case management services in the amount of $68,585; approve Amendment No. 5 to the agreement with the County of San Mateo to extend the term through June 30, 2025, and increase the reimbursement amount by $353,300 for a new total amount not to exceed $1,071,431 for the Juvenile Diversion Program; and authorize the Chief of Police to execute the amendments in substantially the form presented.

CEQA: This action 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.)

7. Public Safety Radio Communications Base Station Equipment – Agreement and Amendment Adopt a Resolution to approve the use of an alternative purchasing method and authorize an appropriation of $25,155 to the Police Department’s operating budget; approve an agreement with Telecommunications Engineering Associates (TEA) in the amount of $519,337 for the purchase of new public safety radio communications base station equipment; approve Amendment No. 2 to a separate agreement with TEA for telecommunications maintenance management services in the amount of $125,777 for a new agreement total amount not to exceed $490,137; and authorize the Chief of Police to execute the agreement and amendment in substantially the form presented.

CEQA: The proposed agreements are exempt under the “common sense” exemption, CEQA Section 15061(b)(3), because it can be seen with certainty that purchase and maintenance of telecommunications equipment will not have a significant effect on the environment.

8. Racial Equity Art Project – Agreement
Approve an agreement with Rafael Blanco for the Racial Equity Art Project to be painted on the Pedestrian Mall in the amount not to exceed $200,000 and authorize the City Manager to execute the agreement in substantially the form presented.

CEQA: This project is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15301 (existing facilities) because it consists of the repair, maintenance, and/or minor alteration of an existing public facility (B Street Pedestrian mall) with no expansion of use.

9. Below Market Rental Rates, Sales Prices and Unit Community Priorities – 2023 Revisions Adopt a Resolution to establish 2023 maximum rental rates and sales prices for affordable housing as required by the City of San Mateo's Below Market Rate (BMR) housing program; and establish Community Priority for units containing three or more bedrooms, which may allow a developer to provide fewer BMR units in exchange for units with more bedrooms as long as all other BMR program provisions are followed.

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).)

10. 3150 South Delaware Street, Bay Meadows Station 5 Public Improvements – Acceptance Adopt a Resolution to accept public improvements in accordance with the October 19, 2020 Subdivision Improvement Agreement between the City of San Mateo and Bay Meadows Station 5 Investors, LLC for 3150

2 of 597

South Delaware Street, Bay Meadows Station 5.

CEQA: This acceptance of public improvements 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).) For the underlying, the City Council exercised its independent judgment certifying the Final EIR for the San Mateo Rail Corridor Plan & Bay Meadow Specific Plan Amendment on April 18, 2005 (with respect to the Corridor Plan) and November 7, 2005 (with respect to the Bay Meadows Specific Plan Amendment), and has adopted appropriate CEQA findings related to the Project Approvals. On September 25, 2018, the Planning Commission adopted Addendum #5 to that Final EIR for the Bay Meadows STA 1 and 5 Planning Application Modification (PA17-074).

11. Basin E Sanitary Sewer Improvements Project – Agreement Award an agreement to D ’Arcy & Harty Construction, Inc. for the Basin E Sanitary Sewer Improvements Project in an amount not to exceed $6,486,711; establish a contingency reserve in the amount of $1,297,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the contingency amount.

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

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

12. Citywide Street Rehabilitation Package 4-B Project – Agreement Approve an agreement with G. Bortolotto & Company for the Citywide Street Rehabilitation Package 4-B Project in the amount of $2,984,056.50; establish a contingency reserve in the amount of $300,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the amount of the contingency amount.

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 use. (CEQA Guidelines Section 15301.)

13. Wastewater Treatment Plant Upgrade Engineering Services During Construction – Contingency Increase Approve an increase in the contingency reserve by $1,100,000 for the agreement with HDR Engineering, Inc. for engineering services during construction for the Wastewater Treatment Plant Upgrade and Expansion Project for a total agreement amount of $13,143,427, and new total contingency amount of $3,344,000; and authorize the Public Works Director to execute amendments and 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). The PEIR was certified by City Council on June 6, 2016. In accordance with CEQA, the Final PEIR serves as the primary environmental compliance document for implementation of the Clean Water Program. The City prepared an Addendum to the Final PEIR that were approved on July 16, 2018 (Addendum 1) and April 15, 2019 (Addendum 2). This work is within the scope of the project evaluated in the PEIR and Addenda.

14. Wastewater Treatment Plant Upgrade Construction Services – Contingency Increase

3 of 597

Approve a $9,000,000 increase to the City’s contingency budget for its contract with Sundt Construction, Inc. for construction of the Wastewater Treatment Plant Upgrade and Expansion Project, for a total available budget amount of $456,964,973; and authorize the Public Works Director to 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.

15. Wastewater Treatment Plant Supervisory Control and Data Acquisition Monitoring and Upgrade Project – Agreement
Adopt a Resolution to approve an alternative purchasing procedure and approve an agreement with Technology Management Professionals dba TMPros, LLC in the amount of $174,140 to monitor and maintain the Supervisory Control and Data Acquisition system at the Wastewater Treatment Plant, establish a contingency reserve of $21,000, and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders up to the contingency amount.

CEQA: This software technology support 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.)

16. Community Development Department and Police Department – Job Specification Updates Adopt a Resolution to approve the revisions to the job specifications for the classifications of Deputy Building Official and Dispatcher I-II.

CEQA: These job specification revisions are exempt from CEQA review because it can be seen with certainty that there is no possibility that this activity may have a significant effect on the environment. (CEQA Guidelines Section 15061(b)(3).)

17. Senior Catered Lunch Services Rendered for Fiscal Year 2022-2023 and Fiscal Years 2023-2026 – New Agreement and Amendment
Adopt a Resolution to approve an alternative purchasing method for services already rendered and approve an agreement in an amount not to exceed $21,455.38 with Corporate Cuisine, Inc. (“Corporate Cuisine”) for senior lunch services delivered during fiscal year 2022-23; approve Amendment No. 1 to the agreement approved on May 15, 2023, with Corporate Cuisine for fiscal years 2023-26 to include tax; and authorize the Park and Recreation Director to execute both documents in substantially the form presented.

CEQA: This 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).)

18. East Hillsdale Park Professional Consultant Services Agreement – Amendment Approve Amendment No. 1 to the agreement with Callander Associates Landscape Architecture to add compensation up to $232,624; establish a contingency reserve of $25,000 to the original agreement amount for additional services and optional Construction Management and related services, for a total not to exceed amount of $440,004; and authorize the Park and Recreation Director to execute the amendment in substantially the form presented.

4 of 597

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

19. Bay Meadows Community Facilities District – Special Tax Levy for Fiscal Year 2023-24 Adopt a Resolution to authorize levy of special taxes for fiscal year 2023-24 for the Community Facilities District No. 2008-1 (Bay Meadows).

CEQA: This community facilities special district special tax 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).)

20. Enterprise Resource Planning System Replacement – Amendment Approve Amendment No. 2 to the agreement with Plante & Moran, PLLC for the purpose of a no-cost time extension through June 30, 2024; and authorize the City Manager to execute the Amendment No. 2 in substantially the form presented and issue future no-cost time extensions, if necessary.

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

21. Investment Advisory Services – Amendment
Approve Amendment No. 1 to the agreement with Chandler Asset Management for investment advisory services in an amount not to exceed $465,000 for Fiscal Years 2022-23 through 2024-25; extend the term of the agreement through June 30, 2025; and authorize the City Manager to execute Amendment No. 1 in substantially the form presented.

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

22. Intent to Initiate Proposition 218 Process for Stormwater Fee; Balloting Procedures and Fee Report – Approval Adopt a Resolution to initiate a proceeding for the approval of a stormwater fee; adopt a Resolution approving ballot procedures; and approve the Stormwater Fee Report.

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).)

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.

5 of 597

23. Outdoor Dining Standards and Permits – Amendments
Adopt a Resolution to approve amendments to the standards for the various outdoor dining permit programs to allow for parklets to be constructed in the downtown pedestrian malls, amend the fee schedule to create a new fee for parklets in the pedestrian malls, and authorize the City Manager to make further minor administrative amendments to these program standards.

CEQA: In accordance with California Environmental Quality Act (CEQA) Guidelines, the amendments to the Outdoor Dining Parklet Program Standards and Permits are categorically exempted from CEQA under the category of ”existing facility” because it consists of a minor alternation to the operation of an existing City Street involving negligible or no expansion of the former use. (CEQA Guidelines Section 15301). The amendments to the Outdoor Dining Parklet Program Standards fee schedule to include permit fees for the parklets in the Pedestrian Mall is not a project subject to CEQA, because it is a government administrative 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).)

24. Zoning Code Amendments for City Projects, Modifications to Planning Applications, and Height Limitations and Exemptions – Ordinance Introduction
Introduce an Ordinance to amend the San Mateo Municipal Code Sections 27.02.060 (Height Limitations and Exemptions), 27.02.140 (Exceptions), 27.06.020 (Zoning Administrator – Powers and Duties), 27.06.050 (Council Consideration and Determination), and 27.08.080 (Planning Application Modifications) to streamline the review process for city projects, clarify the modification process for approved planning applications, and clarify height limitations and exemptions; and determine the amendments qualify for exemption from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3).

CEQA: In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15061(b)(3), introduction and adoption of these ordinance amendments are covered by the "common sense exemption" that CEQA applies only to projects which have the potential to cause a significant effect on the environment. Here, it can be seen with certainty that the ordinance amendments, which include updates to streamline review process for city projects, provide clarity regarding different types of project changes, and provide clarification regarding height limitations and exemptions for roof top elements, will not have a significant effect on the environment per Guidelines Section 15061(b)(3).

25. Municipal Code Amendments for New Development Parking Garage Security Requirements – Ordinance Introduction
Introduce an Ordinance to amend San Mateo Municipal Code Section 23.54.030 “Parking Garage Security” to update security requirements for residential parking garages to provide flexibility for mixed-use buildings, exempt projects with less than five dwelling units, and standardize video surveillance and lighting requirements; and determine the amendments qualify for a Categorical Exemption from further environmental review pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3).

CEQA: In accordance with California Environmental Quality Act (CEQA) Guidelines, section 15061(b)(3), adoption of this ordinance amendment is covered by the "common sense exemption" in that CEQA applies only to projects which have the potential to cause a significant effect on the environment. Here, it can be seen with certainty that the ordinance amendment, which consist of updates to parking garage security measures, will not have a significant effect on the environment per Guidelines Section 15061(b)(3).

26. Concar Passage Mixed-Use Project - Vesting Tentative Map and Development Agreement Execution Extension Request – Ordinance Introduction

6 of 597

Adopt a Resolution to approve a two-year extension of an approved Vesting Tentative Map and all other associated planning application approvals and a modification of Condition of Approval #61; and introduce an Ordinance for a two-year extension to execute the Development Agreement for the Concar Passage Mixed-Use Project located at 640, 666, 678, 690 Concar Drive; 1820, 1850 S. Grant Street; and 1855 S. Delaware Street, in accordance with Government Code Section 66452.6(e) and San Mateo Municipal Code Sections 26.48.135(b),

26.48.140(c), and 27.08.085(d).

CEQA: This project received prior CEQA clearance, and a Final Supplemental Environmental Impact Report for the PA-2018-052 was certified by the City Council on August 17, 2020. Staff has determined that pursuant to CEQA Guidelines Section 15162, Subsequent EIRs and Negative Declarations, PA-2023-033 requires no further environmental review, as there have been no changes to the environmental character of the project site or the surrounding areas since the project (PA-2018- 052, Concar Passage Mixed-Use Project) was originally approved by City Council on August 17, 2020.

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 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.

7 of 597

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: 23-7736 TO: City Council
FROM: Drew Corbett, City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: July 17, 2023
SUBJECT:

City Council Meeting Minutes – Approval
RECOMMENDATION:

Approve the minutes of the special and regular meetings of June 20, 2023.

BUDGET IMPACT:

There is no budget impact associated with 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 2023-06-20 Special
Att 2 - Minutes 2023-06-20 Regular

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

8 of 597

City Council Special Meeting Minutes – 6/20/2023 Page 1 6 1
6 5

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

June 20, 2023
City Hall Council Chambers 6:00 PM
Special Meeting
CALL TO ORDER at 6:00 p.m.

Roll Call

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

PUBLIC COMMENT
Mayor Lee granted an exception to approve a request for the Special Meeting to begin with General Public Comment, public comment was provided by: John Ulrich, Jr., Donya Sultani, Carla Avitabile, and Mary Alexander spoke in favor of pay increases for library staff.

STUDY SESSION

1. Train Horn Noise – Status Update
Tina Pham, Senior Engineer, gave the presentation on the status of efforts to minimize train horn noise impacts.

The presentation contained a schedule for establishing train quiet zones. Staff recommended Council proceed with closure at Villa Terrace Avenue and medians at E. Bellevue Avenue at-grade crossings.

Council asked questions of staff.

Public Comment – Thomas Morgan asked about the closing of the Poplar off-ramp and any redesign of Peninsula and how that may impact the proposed solutions.

Council deliberation continued.

Council consensus is to continue with staff’s recommendation to proceed with the closure at Villa Terrace Avenue and medians at E. Bellevue Avenue at-grade crossings, and emphasized the need for more outreach with the community earlier in the decision making process.

The City Council convened to Closed Session at 6:58 p.m.

CLOSED SESSION
Following the opportunity for public comment, there were no speakers, the City Council convened into Closed Session to consider:

2. Public Employee Appointment
Title: City Manager
ADJOURNMENT –The meeting adjourned at 7:09 p.m.

9 of 597

City Council Special Meeting Minutes – 6/20/2023 Page 2 6 1
6 5
APPROVED BY: SUBMITTED BY:

Amourence Lee, Mayor Matin McTaggart, Deputy City Clerk

10 of 597

City Council Regular Meeting Minutes – 6/20/2023 Page 1 6 1
6 5

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
June 20, 2023
City Hall Council Chambers 7:00 PM
Regular Meeting
CALL TO ORDER at 7:13 p.m.

Pledge of Allegiance
Roll Call

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

CEREMONIAL

1. 2023 San Mateo – Toyonaka Sister Cities Baseball Team – Recognition – Gavin Owen, President, San Mateo Toyonaka Sister City Association, and Dan Harris, Baseball Team Manager & Past President of San Mateo Sister City Association, received the recognition; certificates were presented to the players

2. Mosquito Control Awareness Week – Proclamation - Rachel Curtis-Robles, Public Health Education and Outreach Officer with San Mateo County Mosquito & Vector Control District, gave a presentation and received the proclamation

3. Recognizing City Manager Drew Corbett – Commendatory Resolution C-1 (2023)

CONSENT CALENDAR
The following items, 4 through 5, 7 through 10, 12 through 16, and 18 through 21, were considered to be routine by the City Council. Items 6, 11, and 17 were removed to be considered separately. After the titles of the items were read by the Deputy City Clerk, the public was invited to comment and there were no speakers. Motion passed 5-0.

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

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

5. Records Management Policy – Amendment
Adopt a Resolution to amend the City’s Records Management Policy to generally provide for the automatic deletion of emails after three (3) years with specified exceptions, amongst other changes, with an implementation date of October 1, 2023, and delegate authority to the City Manager to make future minor conforming changes to the policy.

Enactment: Resolution No. 60 (2023)

11 of 597

City Council Regular Meeting Minutes – 6/20/2023 Page 2 6 1
6 5

7. Parks and Recreation Department – Classification Updates Adopt a Resolution to approve: 1) the elimination of four vacant positions – one Community Services Manager, one Community Services Supervisor and two Lead Teacher positions; and 2) approve the addition of four Recreation Coordinator positions and one new Senior Program Assistant position.

Enactment: Resolution No. 61 (2023)

8. Parks and Recreation Bulk Printing and Mailing – Agreement Approve a one-year bulk printing and mailing services agreement with Folger Graphics for an amount not to exceed $150,000; authorize the Parks and Recreation Director to exercise up to two 1-year extensions for up to $150,000 each year, for a total not to exceed amount of $450,000 over three years; and authorize the Parks and Recreation Director to execute the agreement in substantially the form presented.

9. Fiscal Year 2023-24 General Liability and Property Insurance – Purchase Authorization Authorize a staff committee comprised of the City Manager, the Finance Director, and the City Attorney to select the most cost-effective program to insure the City's general liability and property risks and authorize the City Attorney to execute all required documents to purchase the selected insurance for fiscal year 2023-24.

10. Downtown Parking Equipment Network Hosting and Materials – Amendment Approve Amendment No. 2 to the agreement with IPS Group, Inc. for parking equipment network hosting and materials to increase the agreement amount by $275,000 for a revised agreement total of $675,000 and extend the agreement for an additional three-year term ending June 30, 2026; and authorize the Public Works Director to execute the amendment in substantially the form presented.

12. Construction Management Services for the Clean Water Program – Amendments Approve amendments to each of the professional services agreements with Tanner Pacific, Inc. and Townsend Management, Inc. to continue providing as-needed construction management services for the Clean Water Program wastewater infrastructure improvement projects; increase the agreement amounts by $2,000,000 each for new total agreement amounts not to exceed $5,000,000 for each firm; and authorize the Public Works Director to execute the amendments in substantially the form presented and to approve future amendments within the revised budget.

13. Wastewater Treatment Plant: Grit, Rag, and Scum Hauling and Disposal – Bid Rejection and Contract Change Order Adopt a Resolution to reject all bids received for the fiscal year 2023-24 Wastewater Treatment Plant grit, rag, and scum hauling and disposal services; approve Contract Change Order No. 1 with Allied Waste of North America, LLC dba Allied Waste Services of Daly City/Republic Services of Daly City for these services to extend the contract term to September 30, 2023 and increase the contract amount by $41,000, for a new total contract amount of $163,760; and authorize the Public Works Director to execute the contract change order in substantially the form presented.

Enactment: Resolution No. 62 (2023)

14. Citywide Street Reconstruction Phase 3 Project - Amendment Approve Amendment No. 5 to the agreement with Wilsey Ham for engineering services during construction in an amount not to exceed $45,000 for a new agreement total of $573,874; and authorize the Public Works Director to execute the amendment in substantially the form presented.

15. Wastewater Treatment Plant Immediate Action Projects, Package II – Appropriation and Amendment Adopt a Resolution to appropriate $75,000 from Fund 72 reserves to the Wastewater Treatment Plant Immediate Action Projects, Package II project (IAP-II); approve Amendment No. 10 to the agreement with Stantec Consulting Services, Inc. to provide professional design and engineering services during construction for IAP-II; increase the

12 of 597

City Council Regular Meeting Minutes – 6/20/2023 Page 3 6 1
6 5
contract value by $75,000, for a revised total agreement amount not to exceed $1,727,403.46; extend the term through December 31, 2023; and authorize the Public Works Director to execute Amendment No. 10 in substantially the form presented and approve future amendments within the approved amount.

Enactment: Resolution No. 63 (2023)

16. Uniform Maintenance Services – Contract Change Order Adopt a Resolution to approve an alternative purchasing procedure and approve Change Order No. 2 to the City’s agreement with Cintas Inc. for the purpose of uniform maintenance services in the amount of $20,000.01, for a new not to exceed total of $120,000.00 for fiscal year 2022-23; and authorize the City Manager to execute Change Order No. 2 in substantially the form presented.

Enactment: Resolution No. 64 (2023)

18. Worker Resource Center Operations – Agreement
Approve an agreement with Samaritan House for operations of the Worker Resource Center for the period of from July 1, 2023 through June 30, 2025 in the amount of $195,000 per year and authorize City Manager to execute the agreement in substantially the form presented.

19. Community Development Block Grant Samaritan House – Appropriation Adopt a Resolution to authorize the appropriation of funds in the amount of $56,031.02 from the Community Development Block Grant Fund to the Community Development Block Grant Community Facilities project to complete a contract with Samaritan House for public facilities upgrades.

Enactment: Resolution No. 65 (2023)

20. On-Call Professional Planning Services - Agreement
Approve an agreement with Good City Company for on-call professional technical planning services for a period of five years from July 1, 2023 through June 30, 2028 in the amount not to exceed $750,000 and authorize the Community Development Director to execute the agreement in substantially the form presented.

21. Sewer Service Charges for Fiscal Years 2023-24 to 2027-28 – Ordinance Adoption Adopt 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.”

Enactment: Ordinance No. 2023-2

END OF CONSENT CALENDAR

REMOVED FROM CONSENT CALENDAR

6. Senior Transportation "Get Around" Program – Agreement Council Member Hedges pulled this item to highlight to the public that these services are available and to suggest a future program include individuals with disabilities under the age of 65.

Public Comment – Robert Whitehair expressed his support for the program and supported extending the program to individuals with disabilities under the age of 65.

Adopt a Resolution to approve an alternative purchasing procedure for 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,

13 of 597

City Council Regular Meeting Minutes – 6/20/2023 Page 4 6 1
6 5
with an option for the City to extend the agreement for fiscal year 2024-25 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. Motion passed 5-0.

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

Enactment: Resolution No. 66 (2023)

11. Hillsdale Caltrain Commuter Shuttle – Agreement
Council Member Hedges pulled this item to recognize it as a great program for the City.

Public Comment – Robert Whitehair commented that this is open to all San Mateo residents and not just office workers and stated he will start using it as another way to avoid greenhouse gases.

Motion to Approve a two-year agreement with Commute.org (Peninsula Traffic Congestion Relief Alliance) for the Hillsdale Caltrain Commuter Shuttle in the amount of $83,132 and authorize the Public Works Director to execute the agreement in substantially the form presented. Motion passed 5-0.

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

17. Downtown Business Improvement Area – Annual Report 2022-23 Deputy Mayor Diaz Nash pulled this item to spotlight the great work being done to make the downtown the best, most vibrant place it can be. Deputy Mayor Diaz Nash also wished to highlight the Downtown San Mateo Association’s appointment of a new Executive Director.

Public Comment – there were no speakers.

Motion to Accept the fiscal year 2022-23 Downtown San Mateo Association Annual Report. Motion passed 5-0.

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

PUBLIC COMMENT
Mike Caggiano made comments regarding the restrooms for B Street and suggested a centralized indoor restroom, concerns with grade crossings, and the tie-breaking function of the City Charter should be eliminated.

PUBLIC HEARING

22. Fiscal Year 2023-24 Operating and Capital Budgets and Gann Appropriations Limit Adoption and Fiscal Years 2023- 28 Capital Improvement Program – Approval
Rich Lee, Finance Director, gave the presentation on the second hearing for the Fiscal Year 2023-24 Operating and Capital Budgets and Gann Appropriations Limit and Fiscal Years 2023-28 Capital Improvement Program.

Council commended staff for their excellent work, asked questions. Council asked Rich Lee to outline the current status of Senate Bill 101 in relation to the Vehicle License Fee shortfall.

14 of 597

City Council Regular Meeting Minutes – 6/20/2023 Page 5 6 1
6 5
Public Comment – there were no speakers.

Council deliberation continued.

Motion to Adopt Resolutions to approve the fiscal year 2023-24 operating and capital budgets, the 2023-24 position budget, the fiscal year 2023-24 Gann appropriations limit, and the fiscal years 2023-28 Capital Improvement Program. Motion passed 5-0.

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

Enactment: Resolution Nos. 67, 68, and 69 (2023)

NEW BUSINESS

23. Racial Equity Art Project Artist and Design Selection – Approval Heather Stewart, Senior Management Analyst, gave the presentation. Denise Garcia, Management Analyst, City Manager’s Office, assisted.

Council asked questions of staff.

Public Comment - Rafael Blanco, the proposed artist, explained public art is very special to him and he takes the community into consideration and welcomes all comments.

Council deliberation continued and expressed they would like African-American, South Asian, and Italian elements as well as other cultures be added.

Motion to Approve the Civic Arts Committee’s recommended artist Rafael Blanco and his design “Cultural Pattern” for the Racial Equity Art Project and delegate the Civic Arts Committee to work with the artist to revise and approve the final design. Motion passed 5-0.

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

24. COVID-19 Small Business Grant – Budget Appropriation and Grant Agreement Jennifer Chen, Economic Development Manager, gave the presentation.

Council asked questions of staff.

Public Comment – there were no speakers.

Council consensus was that this is a strong precision-based approach that will have high impact for businesses.

Motion to Adopt a Resolution to approve a supplemental budget appropriation in the amount of $100,000 for a grant agreement with the County of San Mateo to administer a COVID-19 Small Business Grant Program and authorize the City Manager to execute the grant agreement in substantially the form presented. Motion passed 5-0.

Moved: Diaz Nash, Seconded: Hedges
Ayes: Lee, Diaz Nash, Hedges, Loraine, and Newsom

15 of 597

City Council Regular Meeting Minutes – 6/20/2023 Page 6 6 1
6 5
Noes: None

Enactment: Resolution No. 70 (2023)

25. City Manager – Appointment
Mayor Lee outlined the process followed to select the new City Manager. A comprehensive review process was conducted, and the highly qualified candidate selected as City Manager for the City of San Mateo is Alex Khojikian.

Public Comment – there were no speakers.

Motion to Adopt a Resolution to appoint Alex Khojikian as City Manager, establishing his initial compensation, and authorize the Mayor to execute the employment agreement. Motion passed 5-0.

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

Enactment: Resolution No. 71 (2023)

REPORTS AND ANNOUNCEMENTS
City Manager, City Attorney and Council Members reported on their various assignments and liaison roles. Council Member Hedges would like the City of San Mateo to be listed as a sponsor for the Juneteenth celebrations as the City did make a donation towards the events. Council Member Newsom called attention to upcoming City events. Council Member Loraine noted upcoming City meetings related to the New Year’s Eve storms on June 21st and July 18th.

ADJOURNMENT – Following a moment of silence, the City Council read into the record an adjournment in memory of Mr. Eddie Mack, husband of former San Mateo Mayor Claire Mack, and recognized his many contributions to the community and service to our nation. The meeting adjourned at 9:51 p.m.

APPROVED BY: SUBMITTED BY:

Amourence Lee, Mayor Matin McTaggart, Deputy City Clerk

16 of 597

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: 10-1511 File ID: 23-7699 TO: City Council
FROM: Christina Horrisberger, Interim City Manager
PREPARED BY: City Clerk's Office
MEETING DATE: July 17, 2023
SUBJECT:

Personnel Board and Park and Recreation Commission Subcommittees – Appointment Recommendations RECOMMENDATION:

Appoint Elizabeth DeWinter to the Personnel Board for a full first term through June 10, 2027, and place Stacie Nevares on an eligibility list for one year should another vacancy on the Personnel Board occur. Appoint Sandra Kiapi to the Park and Recreation Commission for a full first term through June 10, 2027, and place Regina Trapp, Peter Wicher, and Tatyana Shapiro on an eligibility list, in this order, for one year should another vacancy on the Park and Recreation Commission occur.

BACKGROUND:

On June 26, 2023, the Appointment Subcommittee for the Personnel Board, consisting of Mayor Amourence Lee and Council Member Rich Hedges interviewed applicants to fill the vacancy on the Personnel Board. Human Resources Director Teresa Abrahamsohn also attended the interviews in an advisory capacity. Elizabeth DeWinter and Stacie Nevares were interviewed for the vacancy. The Appointment Subcommittee recommends Elizabeth DeWinter be appointed to a full first term through June 10, 2027, and Stacie Nevares be placed an eligibility list for one year should another vacancy on the Personnel Board occur.

On June 26, 2023, the Appointment Subcommittee for the Park and Recreation Commission, consisting of Mayor Amourence Lee and Council Member Rob Newsom Jr, interviewed applicants to fill the vacancy on the Park and Recreation Commission. Park and Recreation Director Joanne Magrini also attended the interviews in an advisory capacity. Sandra Kiapi, Regina Trapp, Peter Wicher, and Tatyana Shapiro were interviewed for the vacancy. The Appointment Subcommittee recommends Sandra Kiapi be appointed to a full first term through June 10, 2027, and Regina Trapp, Peter Wicher, and Tatyana Shapiro be placed an eligibility list, in this order for one year should another vacancy on the Park and Recreation Commission occur.

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.

17 of 597

CITY OF SAN MATEO

ATTACHMENTS
Att 1 - Boards, Commissions and Committees List

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

18 of 597

Updated 07/13/2023
Boards, Commissions & Committees List

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

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

1 Sheri Boles, Vice Chair 07-19-21 06-10-26
1 Meghan Crowell, Chair 06-10-21 06-10-25
1 Noopur Vyas Anand 09-06-22 06-10-26
1 Jerold Nugent 06-10-20 06-10-24
0 Alli Fitzgerald 01-17-23 06-10-24

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

2 John Ebneter, Chair 06-01-15 06-10-25
1 Adam Nugent 07-19-21 06-10-25
1 Seema Patel, Vice Chair 06-10-21 06-10-26
2 Margaret Williams 07-15-19 06-10-27
0 Martin Wiggins 05-16-22 06-10-24

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

1 Richard Wysong 06-10-23 06-10-27
0 Sheila Canzian 04-17-23 06-10-25
0 Wendy McCall 04-17-23 06-10-24
1 Austin Volz, President 01-03-22 06-10-26
0 Shaylona Wheeler, Vice President 01-03-22 06-10-25

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

0 Thomas Lease 04-17-23 06-10-25
0 Vacant 06-10-23 06-10-27
2 Monika Lee, Vice Chair 07-18-16 06-10-24
1 Ellen Wang, Chair 07-20-20 06-10-24
2 Mary Webb 02-17-15 06-10-26

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

1 Sarah Fields 06-10-21 06-10-25
1 Lindsey Held, Chair 07-20-20 06-10-27
1 Vacant 06-10-23 06-10-27
2 J. Christopher Massey 09-21-15 06-10-26
2 Heather Wolnick, Vice Chair 07-17-17 06-10-25
SUSTAINABILITY & INFRASTRUCTURE (650) 522-7153

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

0 Pamela Rittelmeyer 01-17-23 06-10-24
1 Kimi Narita, Vice Chair 04-05-21 06-10-27
1 Sigalle Michael 08-15-22 06-10-26
2 Clifford S. Robbins 08-06-18 06-10-26
1 Susan Rowinski, Chair 08-06-18 06-10-25

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

1 Caiti Busch 06-10-21 06-10-25
1 Debra Kaiser 06-10-21 06-10-25
2 Gayle Murphy, Chair 07-20-15 06-10-26
1 Vacant 06-10-23 06-10-27
1 Tony Villanueva, Vice Chair 01-19-21 06-10-24
YOUTH ACTIVITIES COUNCIL (YAC) (650) 522-7432
Meets twice a month, Coordinator: Adeline Jones

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

MOSQUITO & VECTOR CONTROL DISTRICT
(650) 573-8358

1 Ed Degliantoni 09-21-15 12-31-24

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

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

19 of 597

Updated 07/13/2023

Term
Date
Appt’d
Term
Expires

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

0 Sandy Shepler 04-17-23 06-10-24
0 Karen Moen 04-17-23 06-10-26
2 Thomas Morgan 02-05-18 06-10-25
0 William Yang 04-17-23 06-10-26
1 Nick Atkeson 06-10-23 06-10-27

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

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

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

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

GENERAL PLAN SUBCOMMITTEE
Meeting: Varies

Cliff S. Robbins, Chair (Sustainability & Infrastructure Commission) Heather Wolnick, Vice Chair (Park and Recreation Commissioner) Lisa Diaz Nash (City Council Member)
Adam Loraine (City Council Member)
Seema Patel (Planning Commissioner)
Adam Nugent (Planning Commissioner)
Ken Chin (San Mateo Foster City School Board Member)

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

/s/ PATRICE M. OLDS, CITY CLERK

20 of 597

CITY OF SAN MATEO
4 2
7 6

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 6 Section Name: CONSENT CALENDAR Account Number: 10-5141 File ID: 23-7620 TO: City Council
FROM: Christina Horrisberger, Interim City Manager
PREPARED BY: Police Department
MEETING DATE: July 17, 2023
SUBJECT:

Juvenile Diversion Program Case Management Services – Amendments RECOMMENDATION:

Adopt a Resolution to appropriate $68,585 to the Police Department's fiscal year 2023-2024 operating budget; approve Amendment No. 1 to the agreement with the YMCA for the Juvenile Diversion Program to incorporate bilingual case management services in the amount of $68,585; approve Amendment No. 5 to the agreement with the County of San Mateo to extend the term through June 30, 2025, and increase the reimbursement amount by $353,300 for a new total amount not to exceed $1,071,431 for the Juvenile Diversion Program; and authorize the Chief of Police to execute the amendments in substantially the form presented.

BACKGROUND:

In 2013, the San Mateo Police Department created a Youth Services Bureau and assigned personnel to focus on juvenile diversion. Statistics show that once youth are introduced to the juvenile justice system, they are more likely to be involved in future criminal activity, as well as an increased likelihood of school truancy and drop-out. The Police Department is committed to youth and the desire to not unnecessarily introduce them into the system. Our Juvenile Diversion Program targets youth ages 11-17 that have either committed a minor offense or seem predestined to do so by current behavior.

Each youth enters into an individualized contract based on specific needs. The contract may consist of school attendance requirements, counseling for the youth and their family, utilization of outside resources such as medical or mental health professions and community service. The goal of this extraordinary program is to intervene and assist at-risk youth, with the hopes of ultimately deterring them from the juvenile justice system, and keep them on track, in school and positively engaged with their family and community.

In 2015, staff initiated a partnership with the Youth Services Bureau of the YMCA and the County of San Mateo for provision of a Juvenile Diversion Capstone Case Manager. The YMCA provides a skilled case manager who performs a multi-disciplinary assessment of the juvenile participants to determine the core cause of issues leading to delinquency, and develops strategies for rehabilitation. The services provided are multi-faceted and offer a culminating “capstone” experience for the youths in the program. The Case Manager has oversight of the juveniles and ensures a comprehensive plan tailored to the unique situation and circumstances is in place to address each participant’s individual needs.

Both the YMCA as well as the County of San Mateo have indicated interest in continuing this important effort. In order to better meet the needs of many program participants, the City and YMCA wish to amend the current multi-year service agreement to include the provision of much-needed bilingual case management services for Fiscal Year 23/24.

Amendment No. 1 to the agreement with the YMCA incorporates Spanish-speaking clinical case manager services for 20 hours per week at an additional negotiated cost not to exceed $68,585. Should this updated model prove successful, it could be continued in the future. The revised total cost with the YMCA is detailed in Figure 1 on the following page and totals $453,300.

21 of 597

CITY OF SAN MATEO
4 2
7 6
Fig 1: Year 1
FY22/23
Year 2
FY23/24
Year 3
FY24/25

TOTAL
Program Costs $123,870 $128,181 $132,664 $384,715
Part time bilingual case
mgmt.
- $68,585 - $68,585
TOTAL $123,870 $196,766 $132,664 $453,300

We are grateful the County of San Mateo has recognized the value in the Juvenile Diversion Program as it diverts youth out of their corrections and probation systems, and fills a gap in much needed services. The County has offered reimbursement to the City for expenditures related to the Case Manager since 2015 and had agreed to reimburse the City for an amount not to exceed $100,000 for the FY22/23. Amendment No. 5 to the agreement with the County will increase the amount of reimbursement offered for FY22/23 by $23,870 to fully offset the contracted cost; and in addition will provide full reimbursement for remaining contracted years ($196,766 for FY23/24 and $132,664 for FY24/25).

BUDGET IMPACT:

Funding for the additional cost associated with bilingual case management services was not included in the adopted FY23/24 budget. Council approval is requested to appropriate $68,585 to the Police Department operating budget to cover the increased cost of service. The cost will be entirely reimbursed by the County of San Mateo, resulting in no net impact to the General Fund.

ENVIRONMENTAL DETERMINATION:

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

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Amendment No. 1 to Agreement with YMCA
Att 3 – Amendment No. 5 to Agreement with County of San Mateo

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Kimber Joyce, Lieutenant
[email protected]
(650) 522-7658

22 of 597

CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)
APPROVING ADDITIONAL APPROPRIATION TO THE POLICE DEPARTMENT IN THE 2023-24 BUDGET

FOR JUVENILE DIVERSION PROGRAM BILINGUAL CASE MANAGEMENT WHEREAS, the Police Department wishes to enhance the successful Juvenile Diversion Program partnership with the YMCA and the County of San Mateo by providing bilingual case management services; and WHEREAS, the YMCA will provide a bilingual case manager for the Juvenile Diversion Program and the City of San Mateo will pay the YMCA for these services in an amount not to exceed $68,585 in Fiscal Year 2023- 2024; and
WHEREAS, the County of San Mateo will reimburse the City of San Mateo for expenditures related to the bilingual case manager in an amount not to exceed $68,585; and WHEREAS, a supplemental budget appropriation of $68,585 from the General Fund to the Police Department’s Fiscal Year 2023-2024 operating budget is necessary to fund provision of these services; and WHEREAS, the impact of amending the operating budget will be fully offset by revenues, resulting in no net impact to the general fund; and
WHEREAS, Section 5.13(a) of the City Charter requires City Council approval by resolution for supplemental appropriations to the City’s budget.

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

1. This action 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.)

2. A budget appropriation for fiscal year 2023-2024 is approved in the amount of $68,585 (Cost Center:

Youth Services/Professional Services) for the Police Department.

23 of 597

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

BETWEEN THE CITY OF SAN MATEO AND THE
YOUTH SERVICE BUREAU of the URBAN SERVICES BRANCH
of the YMCA OF SAN FRANCISCO

FOR JUVENILE JUSTICE CASE MANAGEMENT PROGRAM
(Original amount $384,715; New Amount Not to Exceed $453,300)

WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and the Youth Service Bureau of the Urban Services Branch of the YMCA of San Francisco (“YMCA”), entered into an Agreement for Juvenile Justice Case Management Program Services (“Agreement”) on September 30, 2022; and

WHEREAS, City and YMCA wish to amend the Agreement effective July 1, 2023 to increase the scope of work and increase compensation.

NOW, THEREFORE, the parties agree as follows:

1. Section 4d is added to the Agreement to read:

4d) Increase the amount of payment authorized to the YMCA of SF during the 2023- 24 fiscal year by $68,585 to provide part time (20 hours/week) bilingual case management services, bringing the total authorized for the 2023-24 fiscal year to an amount not to exceed $196,766.

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

[SIGNATURE PAGE FOLLOWS]

24 of 597

Contract Amendment Page 2 of 2
Rev 7/21
IN WITNESS WHEREOF, CITY OF SAN MATEO and YMCA have executed this Agreement the day and year as indicated below.

CITY OF SAN MATEO

CONTRACTOR

Ed Barberini
Chief of Police

Date Wesley “Chip” Rich
Sr. VP of Operations
YMCA of San Francisco
Youth Service Bureaus

Date

25 of 597

Template Version Date – August 26, 2016 Page 1

FIFTH AMENDMENT TO AGREEMENT

BETWEEN THE COUNTY OF SAN MATEO AND

CITY OF SAN MATEO

THIS FIFTH AMENDMENT TO THE AGREEMENT, entered into this 13th day of June, 2023, by and between the COUNTY OF SAN MATEO, hereinafter called "County," and the City of San Mateo, hereinafter called "Contractor";

W I T N E S S E T H:

WHEREAS, pursuant to Government Code, Section 31000, County may contract with independent contractors for the furnishing of such services to or for County or any Department thereof;

WHEREAS, on November 1, 2016 , the parties entered into an Agreement for juvenile diversion case management services for the term July 1, 2015 through June 30, 2017, in an amount not to exceed $150,000; and

WHEREAS, on September 12, 2017 , the parties entered into an amendment to the Agreement, increasing the County’s maximum fiscal obligation amount by $95,000 to a new amount not to exceed $245,000 and extending the term through June 30, 2018; and

WHEREAS, on January 29, 2019, the parties entered into a second amendment to the Agreement, increasing the contract amount by $85,263 to a new amount not to exceed $330,263 and extending the term through June 30, 2019; and

WHEREAS, on March 24, 2020, the parties entered into a third amendment to the Agreement, increasing the amount by $287,868 to a new amount not to exceed $618,131 and extending the term through June 30, 2022; and

WHEREAS, on September 13, 2022, the parties entered into a fourth amendment to the Agreement, increasing the contract amount by $100,000, to a new amount not to exceed $718,131 and extending the term through June 30, 2023; and

WHEREAS, the parties wish to amend the Agreement a fifth time in order to increase the contract amount by $353,300 including$23,870 for Fiscal Year 2022-23, $196,766 for Fiscal Year 2023-24 and $132,664 for Fiscal Year 2024-25 a new total amount not to exceed $1,071,431 and to extend the term of the Agreement through June 30, 2025.

NOW, THEREFORE, IT IS HEREBY AGREED BY THE PARTIES HERETO AS FOLLOWS:

26 of 597

Template Version Date – August 26, 2016 Page 2

1. Section 3 of the agreement is amended to read as follows:

Payments: In consideration of the services provided by Contractor in accordance with all terms, conditions, and specifications set forth in his Agreement and in Exhibit A, County shall make payment to Contractor based on the rates and in the manner specified in Exhibit B4 (rev. June 13, 2023). County reserves the right to withhold payment if the County determines that the quantity or quality of the work performed is unacceptable. In no event shall the County’s total fiscal obligation under this Agreement exceed ONE

MILLION SEVENTY ONE THOUSAND FOUR HUNDRED THIRTY ONE
DOLLARS AND ZERO CENTS ($1,071,431.00). In the event that the County makes advance payments, Contractor agrees to refund any amounts in excess of the amount owed by the County at the time of contract termination or expiration.

2. Section 4 of the agreement is amended to read as follows:

Term: Subject to compliance with all terms and conditions, the term of this Agreement shall be from July 1, 2015 through June 30, 2025.

3. 4.
“Revised Exhibit A is replaced with “Revised Exhibit A1(rev. June 13, 2023) attached hereto.

“Revised Exhibit B3 (rev. May 26, 2022)” is replaced with “Revised Exhibit B4 (rev.

June 13, 2023)” attached hereto.

5. All other terms and conditions of the agreement dated November 1, 2016, between the County and Contractor, as amended on September 12, 2017, January 29, 2019, March 24, 2020, and September 13, 2022 shall remain in full force and effect.

In witness of and in agreement with this Agreement’s terms, the parties, by their duly authorized representatives, affix their respective signatures:

For Contractor: CITY OF SAN MATEO

_____________________________
Contractor Signature
_______________
Date
___________________________
Contractor Name (please print)

COUNTY OF SAN MATEO

By:

27 of 597

Template Version Date – August 26, 2016 Page 3

President, Board of Supervisors, San Mateo County

Date:

ATTEST:

By:

Clerk of Said Board

28 of 597

Template Version Date – August 26, 2016 Page 4

29 of 597

Template Version Date – August 26, 2016 Page 5

Exhibit A1 (rev. June 13, 2023)

In consideration of the payments set forth in Exhibit B1 (rev. June 13, 2023), Contractor shall provide the following services:

The scope of work being added is to provide part time (20 hours/week) bilingual case management services.

30 of 597

Template Version Date – August 26, 2016 Page 6

Exhibit B4 (rev. June 13, 2023)

In consideration of the services provided by Contractor described in Exhibit A1 (rev. June 13, 2023) and subject to the terms of the Agreement, County shall pay Contractor based on the following fee schedule and terms.

Contractor shall submit an invoice to the C ounty for approval prior to receiving payment which shall be sufficiently detailed to substantiate the basis for reimbursement. County will remit payment within forty-five (45) days of receipt of an approved invoice. County will reimburse Contractor for an amount up to $123,870 for FY 2022- 23, up to $196,766 for FY 2023 -24 and up to $132,664 for FY 2024- 25 for the cost of the YMCA case management services for the Juvenile Diversion Program and the Prevention Services Program as included in the Memorandum of Understanding between the San Mateo Police Department and the YMCA, and bilingual case management services.

As set forth in Section 3 of the Agreement, in no event shall the County’s total fiscal obligation under this Agreement exceed $1,071,431.

31 of 597

CITY OF SAN MATEO
4 3
0 7

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: 10-5141 File ID: 23-7666 TO: City Council
FROM: Christina Horrisberger, Interim City Manager
PREPARED BY: Police Department
MEETING DATE: July 17, 2023
SUBJECT:

Public Safety Radio Communications Base Station Equipment – Agreement and Amendment RECOMMENDATION:

Adopt a Resolution to approve the use of an alternative purchasing method and authorize an appropriation of $25,155 to the Police Department’s operating budget; approve an agreement with Telecommunications Engineering Associates (TEA) in the amount of $519,337 for the purchase of new public safety radio communications base station equipment; approve Amendment No. 2 to a separate agreement with TEA for telecommunications maintenance management services in the amount of $125,777 for a new agreement total amount not to exceed $490,137; and authorize the Chief of Police to execute the agreement and amendment in substantially the form presented.

BACKGROUND:

The City of San Mateo is in the midst of a multi-year capital improvement effort to replace and update antiquated public safety radio communications infrastructure. Phase I of the project was completed in FY22/23 and involved replacing the dispatch radio console system equipment in the Police Department’s emergency communications center. The second phase of the project is to replace components of the City’s external radio infrastructure.

There are six radio locations in San Mateo with numerous pieces of critical equipment ranging from antennas, repeaters, towers, transmitters and power sources. Most of these components are well-past their useful life and must be replaced to ensure continuity of citywide radio communications. Additionally, the upgrades will help support interoperability with our partner agencies along the Peninsula. Given the dynamics of mutual aid and very close borders, law enforcement agencies routinely support neighboring agencies and the radio system must have the functionality to do so during emergency situations.

A critical factor in identifying replacement components is that the provider be thoroughly familiar with the City and County’s public safety radio systems. The installation will require complex engineering and coordination to maintain optimum performance and dependability. The City has contracted with Telecommunications Engineering Associates (TEA) for services related to the City’s entire municipal government radio system for over thirty years. Thorough research has been conducted by Police Department staff and TEA to identify radio base station equipment replacement components which ensure we maintain our ability to participate in regional interoperable communications systems and assures that San Mateo will not be isolated from the mainstream with regard to maintenance and support of the equipment.

Staff requests approval of the purchase pursuant to SMMC 3.60.070(h)(3), which allows the Council to use any purchasing process which is in the best interest of the City. Pricing for this type of equipment tends to be fairly standardized amongst retailers. It is unlikely that putting this purchase out to bid formally would result in significant differences in pricing. TEA is a local vendor who currently maintains existing citywide radio infrastructure. They have in-depth knowledge and experience with law enforcement radio systems throughout San Mateo County and provide maintenance and facilities

32 of 597

CITY OF SAN MATEO
4 3
0 7
management services to the majority of local agencies. Staff has been pleased with their responsiveness to its needs and believes the customer service to be exceptional. For these reasons, staff believes it to be in the best interest of the City to proceed with the agreement for the purchase of the radio base station equipment from TEA.

In addition, the City currently has a multi-year agreement with TEA for maintenance of citywide radio infrastructure that expires in 2027. The integration of the new base station equipment will require enhanced maintenance. Staff recommends approval of Amendment No. 2 to this agreement to reflect the new base station equipment, and increase compensation in an amount not to exceed $125,777.

BUDGET IMPACT:

Funding for this equipment purchase has been included in the adopted Radio Infrastructure Capital Improvement Program project budget. The new equipment will be placed on a 12-year replacement cycle with amortized replacement funds going to the City’s Equipment Replacement Fund. Funds for the ongoing radio maintenance services are included in the Police Department’s annual operating budget; however, funding for the additional maintenance costs which will be incurred upon installation of the new base station equipment was not included in the adopted FY23/24 budget. Council approval is requested to appropriate $25,155 to the Police Department operating budget to cover the increased cost of service.

ENVIRONMENTAL DETERMINATION:

The proposed agreements are exempt under the “common sense” exemption, CEQA Section 15061(b)(3), because it can be seen with certainty that purchase and maintenance of telecommunications equipment will not have a significant effect on the environment.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Proposed Resolution
Att 2 – Agreement for Base Station Equipment
Att 3 – Amendment No. 2 to Maintenance Agreement

STAFF CONTACT
Ed Barberini, Chief of Police
[email protected]
(650) 522-7600
Kelly O’Keefe
Police Technical Services Administrator
(650) 522-7709

33 of 597

CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)

APPROVING ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT FOR PURCHASE AND

INSTALLATION OF REPLACEMENT RADIO BASE STATION EQUIPMENT AND APPROVING AN ADDITIONAL APPROPRIATION TO THE POLICE DEPARTMENT IN THE 2023-24 BUDGET WHEREAS, San Mateo’s external radio infrastructure components have reached the end of their useful life and must be replaced to ensure continuity of citywide radio communications; and WHEREAS, thorough research was conducted to identify radio base station equipment replacement components which ensure San Mateo’s ability to participate in regional interoperable communication systems; and
WHEREAS, Municipal Code Section 3.60.070(h)(3) provides that the City may use any purchasing procedures approved by the City Council if the Council makes a finding concurrent with the award that the procedures are in the best interest of the City for that particular agreement; and WHEREAS, the upgrade of the radio infrastructure will result in increased monthly maintenance costs and a supplemental budget appropriation of $25,155 from the General Fund to the Police Department’s Fiscal Year 2023-2024 operating budget is necessary to fund provision of these services; and WHEREAS, Section 5.13(a) of the City Charter requires City Council approval by resolution for supplemental appropriations to the City’s budget.

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

1. This action 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.)

2. Pursuant to Municipal Code Section 3.60.070(h)(3), it is found that approval of the agreement to purchase and install radio base station equipment from Telecommunications Engineering Associates (TEA) is in the City’s best interest because TEA is a local retailer who has maintained our existing radio infrastructure for over thirty years; they have in-depth knowledge and experience with law enforcement radio systems throughout San Mateo County; and are best positioned to perform the complex engineering and coordination necessary during installation to maintain optimum performance and dependability

3. The purchase agreement in the amount of $519,337 is approved

4. A budget appropriation for fiscal year 2023-2024 is approved in the amount of $25,155 (Cost Center:

Communications, Records and Technology Admin/Computer Hardware Maintenance) for the Police Department

34 of 597

Purchase Contract for Goods
Rev 7/21
8 7
7 0

PURCHASE CONTRACT

FOR RADIO BASE STATION EQUIPMENT FOR CITYWIDE COMMUNICATIONS

FROM TELECOMMUNICATIONS ENGINEERING ASSOCIATES
This Purchase Contract (“Contract”), made and entered into this day of , 2023, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California (“CITY”), and Daryl D. Jones, Inc. dba Telecommunications Engineering Associates with offices at 1160 Industrial Rd. #15, San Carlos, California, (“VENDOR”).

RECITALS:

A. CITY desires to purchase radio base station equipment and related Information Technology installation services hereinafter described.

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

NOW, THEREFORE, IT IS AGREED as follows:

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

SECTION 2 - PRICE AND TAXES
All prices shall be as stated in this Contract and are firm and not subject to escalation. This purchase is subject to all California sales tax. Municipalities are exempt from federal excise and transportation taxes. Prices shall exclude these taxes.

SECTION 3 - PAYMENT
The total amount payable to VENDOR under this Agreement shall not exceed $519,337. Unless otherwise agreed in writing, payment terms shall be net thirty (30) days from date of receipt of invoice or acceptance of goods, whichever occurs last. Invoices must cite the purchase order number to prevent delay in payment. All invoices must be mailed to City of San Mateo, Attn: Police Department, 330 West 20th Avenue, San Mateo, CA 94403.

35 of 597

Purchase Contract for Goods
Rev 7/21
8 7
7 0
SECTION 4 - DELIVERY AND PERFORMANCE
Time is of the essence in the performance of this Contract. If delivery of goods cannot be made at the specified time, VENDOR shall promptly notify the CITY of the earliest possible date for delivery.

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

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

All shipments shall be F.O. B., 200 Franklin Parkway, San Mateo. Transportation charges shall be shown as a separate item on the invoice.

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

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

36 of 597

Purchase Contract for Goods
Rev 7/21
8 7
7 0
SECTION 7 - INDEMNITY
VENDOR agrees to hold harmless and indemnify CITY, its elected and appointed officials, employees, and agents from and against any and all claims, loss, liability, damage, and expense arising out of VENDOR’s performance of this Contract, except for those claims arising out of CITY’s sole negligence or willful misconduct. VENDOR agrees to defend CITY, its elected and appointed officials, employees, and agents against any such claims.

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

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

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

SECTION 11 - INSURANCE
VENDOR shall procure and maintain for the duration of the contract the insurance specified in Exhibit B to this contract.

37 of 597

Purchase Contract for Goods
Rev 7/21
8 7
7 0
SECTION 12 - ASSIGNMENT
VENDOR shall not delegate or subcontract any duties and services or assign any rights or claims under this Contract without the CITY’s prior written consent.

SECTION 13 - ARTWORK, DESIGNS, PATENTS, COPYRIGHTS AND TRADEMARKS VENDOR hereby agrees that the sale, use or incorporation into manufactured products of all machines, software, hardware, materials and other devices furnished under this Contract are free and clear of infringement of any valid patent, copyright, or trademark. VENDOR shall hold the CITY harmless from any and all costs and expenses, including attorney fees, liability, and loss of any kind growing out of claims, suits or actions alleging such infringement, and VENDOR agrees to defend such claims, suits or actions.

SECTION 14 - GOVERNING LAW
This Purchase Order and the contract between the parties evidenced hereby or attached thereto shall be deemed to be made in the State of California and shall in all respects be construed and governed by the laws of that state.

SECTION 15 - VENUE
In the event of litigation, venue will be in the County of San Mateo.

SECTION 16 - WAIVER
The waiver of any term, condition or provision hereof shall not be construed to be a waiver of any other such term, condition or provision, nor shall such waiver be deemed a waiver of a subsequent breach of the same term, condition or provision.

SECTION 17 - COSTS AND ATTORNEY FEES
Attorney fees in an amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5000, shall be recoverable as costs (by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of this Contract. The above $5000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals, or actions. It is the intent of this provision that neither party shall have to pay the other more than $5000 for attorney fees arising out of an action, or actions to enforce the provisions of this Contract.

38 of 597

Purchase Contract for Goods
Rev 7/21
8 7
7 0
SECTION 18 - MEDIATION
Should any dispute arise out of this Contract, any party may request that it be submitted to mediation. The parties shall meet in mediation within 30 days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the parties shall each submit one name from mediators listed by either the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a "blindfolded" process.

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

SECTION 19 - NOTICES
All notices hereunder shall be given in writing and mailed, postage prepaid, addressed as follows:

To CITY: Kelly O’Keefe, Police Technical Services Administ City of San Mateo
330 W. 20th Avenue
San Mateo, CA 94403
To VENDOR: Daryl D. Jones
Telecommunications Engineering Associates
1160 Industrial Rd. #15
San Carlos, CA 94070
SECTION 20 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT This document represents the entire and integrated agreement between CITY and VENDOR and supersedes all prior negotiations, representations, and agreements, either written or oral.

This document may be amended only by written instrument, signed by both CITY and VENDOR. [SIGNATURE PAGE FOLLOWS]

39 of 597

Purchase Contract for Goods
Rev 7/21
8 7
7 0
IN WITNESS WHEREOF, CITY OF SAN MATEO and Daryl D. Jones, Inc. dba Telecommunications Engineering Associates have executed this Agreement the day and year first above written.

CITY OF SAN MATEO VENDOR
Ed Barberini
Chief of Police
Date Daryl D. Jones Date

APPROVED AS TO FORM
Bahar Abdollahi
Assistant City Attorney
Date

40 of 597

Purchase Contract for Goods
Rev 7/21

EXHIBIT A

41 of 597

Purchase Contract for Goods
Rev 7/21

42 of 597

Purchase Contract for Goods
Rev 7/21

43 of 597

Contract for Services
Rev 5/22

EXHIBIT B

INSURANCE REQUIREMENTS

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

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

2.Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if 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 self- insurance maintained by the City, its elected and appointed officials, employees, or agents shall be excess of the Contractor’s insurance and shall not contribute with it.

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

44 of 597

Contract for Services
Rev 5/22
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.

45 of 597

Contract Amendment
Rev 7/21

8 7
3 8
AMENDMENT NO. 2 TO THE AGREEMENT

BETWEEN THE CITY OF SAN MATEO AND

TELECOMMUNICATIONS ENGINEERING ASSOCIATES FOR

TELECOMMUNICATIONS MAINTENANCE AND MANAGEMENT SERVICES
(New Amount Not to Exceed $490,137)
WHEREAS, the City of San Mateo (“City”), a municipal corporation of the State of California, and Daryl D. Jones, Inc. dba Telecommunications Engineering Associates (“CONTRACTOR”), entered into an Agreement for Telecommunications Maintenance and Management Services (“Agreement”) on October 1, 2020; and
WHEREAS, on September 20, 2022, the parties entered into an amendment to the Agreement to increase the maximum agreement amount by $109,157 to a new amount not to exceed $364,362 and extend the term through June 30, 2027; and
WHEREAS, City and CONTRACTOR wish to amend the Agreement effective October 1, 2023 to increase compensation by $125,777 for a new agreement total not to exceed $490,137.

NOW, THEREFORE, the parties agree as follows:

1. Section 5 of the Agreement is amended to read:

Payment: Payment shall be made by CITY in an amount not to exceed $490,137 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 pursuant to the rates stated in Exhibit B2 (revised June 19, 2023), attached and incorporated by reference.

2. The remaining terms of the Agreement remain in full force and effect. [SIGNATURE PAGE FOLLOWS]

46 of 597

Contract Amendment
Rev 7/21

8 7
3 8
IN WITNESS WHEREOF, CITY OF SAN MATEO and Telecommunications Engineering Associates have executed this Agreement on , 2023.

CITY OF SAN MATEO CONTRACTOR
Ed Barberini
Chief of Police
Date Daryl D. Jones
President
Date

APPROVED AS TO FORM
Bahar Abdollahi
Assistant City Attorney
Date

47 of 597

Contract Amendment
Rev 7/21

8 7
3 8
EXHIBIT B2

48 of 597

Contract Amendment
Rev 7/21

8 7
3 8
EXHIBIT B2

49 of 597

CITY OF SAN MATEO
4 3
0 3

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 8 Section Name: CONSENT CALENDAR Account Number: 10-3159 File ID: 23-7658 TO: City Council
FROM: Christina Horrisberger, Interim City Manager
PREPARED BY: Community Development Department
MEETING DATE: July 17, 2023
SUBJECT:

Racial Equity Art Project – Agreement
RECOMMENDATION:

Approve an agreement with Rafael Blanco for the Racial Equity Art Project to be painted on the Pedestrian Mall in the amount not to exceed $200,000 and authorize the City Manager to execute the agreement in substantially the form presented.

BACKGROUND:

On June 20, 2023, City Council approved Rafael Blanco to be the artist for the Racial Equity Art Project and delegated the Civic Arts Committee to work with Mr. Blanco for revisions and expansion of the design and then approve the final design.

Mr. Blanco’s original proposal, “Cultural Pattern”, reflected a length of 75 feet on one block of the B Street Pedestrian Mall. He has agreed to expand the mural to cover both blocks of the Pedestrian Mall. This will consist of Block A being 2nd to 3rd Aves, and Block B being 1st and 2nd Ave. There will be reserves of 30’ of unpainted area at each end of the blocks, allowing for 240 feet per block, for a combined length of 480 feet. With the direction previously provided by the City Council and direction from the Civic Arts Committee, the final design will require revisions and accordingly, the project budget has been revised from the original proposal. Installation is scheduled for October 2023.

BUDGET IMPACT:

The Arts in Public Places (AiPP) Fund balance has $500,000 allocated to the program, which will be used to fund the Racial Equity Art Project’s $200,000 budget.

ENVIRONMENTAL DETERMINATION:

This project is categorically exempt from environmental review pursuant to CEQA Guidelines Section 15301 (existing facilities) because it consists of the repair, maintenance, and/or minor alteration of an existing public facility (B Street Pedestrian mall) with no expansion of use.

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Agreement

STAFF CONTACT
Heather Stewart, Senior Management Analyst
[email protected]
(650) 522-7164

50 of 597

Pedestrian Mall Art Agreement
June 2023
1 8
7 4
5 AGREEMENT FOR THE COMMUNITY ART PROJECT “RACIAL JUSTICE STREET ART MURAL” TO BE LOCATED ON THE PEDESTRIAN MALL BETWEEN 1ST AND 3RD AVE ON B ST
This Agreement (the “Agreement”) for the Racial Justice Street Art Mural (“Art”) made and entered into as of __________, (the “Effective Date”) by and between the CITY OF SAN MATEO, a California chartered municipal corporation existing under the laws of the State of California (the “City”), and Rafael Blanco (the “Artist”) (individually, a “Party”, and, collectively, the “Parties”) in reference to the following facts, circumstances, terms and conditions.

RECITALS
WHEREAS, the City Council requested an art project that would promote racial equity in the community; and
WHEREAS, the location of the Pedestrian Mall between 1ST and 3RD Avenues on B Street (“Pedestrian Mall” or “Site”) in Downtown San Mateo was selected for the project; and WHEREAS, the street mural is designed to enhance the public use and aesthetics of the Pedestrian Mall while highlighting racial equity; and
WHEREAS, the Art in Public Places program (Municipal Code Chapter 23.60) requires the Civic Arts Committee (CAC) to recommended project approvals and expenditures of the Art in Public Place Fund to the City Council; and
WHEREAS, a Request for Qualifications (RFQ) was released to invite artists to indicate their interest in participating in this project; and
WHEREAS, the CAC reviewed the RFQ submittals and selected artist(s) to develop a proposal that includes design renderings, proposed budget, and the administrative details that describe the process to implement the project; and
WHEREAS, the CAC solicited community feedback on the proposed designs to provide influential input for the Civic Arts Committee to consider in the selection of artist(s) and their designs; and WHEREAS, the CAC recommended the final artists and the designs to City Council, which approved of the Artist at its meeting on June 20, 2023; and
WHEREAS, the Artist has affirmed their willingness and ability to implement the Art by use of the appropriate paint to display a racial equity theme throughout the art design; and WHEREAS, the Artist is qualified and able to perform the services, and is willing to accept the terms of this Agreement.

NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, the Parties agree as follows:

1. PROJECT AND PURPOSE

1.1 The Racial Equity Street Art Mural (“Art”) is a painted mural within the center, emergency vehicle lane of the Pedestrian Mall on B Street. The mural is intended to reflect and promote racial equity within the community. The Site and description and images of the Art are included in Exhibit A.

51 of 597

Pedestrian Mall Art Agreement
June 2023
2 8
7 4
5 1.2 In accordance with Chapter 23.60 of the San Mateo Municipal Code, the City authorizes the Artist to install the Art on the closed Pedestrian Mall between B Street between 1st and 3rd Avenue (the “Site”) in accordance with the proposal for the purpose of highlight and promoting racial equity through the use of public art.

2. TERM
The services to be performed under this Agreement shall commence on October 9, 2023, and be completed on October 28, 2023. The Art will be on the Pedestrian Mall for its useful life. The Art’s removal date shall be determined by the City in its sole discretion, which is likely after wear and tear of the Art is noticeable. Notwithstanding the above, the City in its sole discretion has the right to remove the Art at any time for any reason.

3. PAYMENT
Payment shall be made by the City only for services rendered and upon submission of a payment request upon completion and the City approval of the work performed. In consideration for the full performance of the services set forth in Exhibit A, the City agrees to pay Artist a fee in amount not to exceed $200,000, pursuant to rates stated in Exhibit A, attached and incorporated by reference.

4. INSTALLATION AND REMOVAL

4.1 The Artist will undertake and manage the transportation and delivery of the materials and resources for the Art to and from the Site. During this process, the Artist will ensure that no damage to the street, private property, or other surroundings will occur. If any damage occurs due to the Artist’s negligent discharge of services, the Artist will be responsible for paying the costs of repair incurred by the City.

4.2 The City shall have the right, but not the obligation, to supervise in the installation of the Art.

5. MAINTENANCE AND REPAIRS

5.1 The City shall have the right to maintain the Art.

5.2 In the event the Art is damaged or defaced, or otherwise experiences extraordinary wear and tear, whether due to vandalism, force majeure, exposure to the elements, or otherwise, the City shall have the right, but not the obligation, to make, or cause to be made, necessary maintenance and/or repairs to, including the replacement of parts of, the Art. If the City determines that the damage or defacement of the design presents an imminent danger to the public health, safety and welfare, then the City shall take action to immediately address the threat.

6. OWNERSHIP

6.1 Copyrights.

6.1.1 In consideration of the City’s selection of the Artist to perform the Services, including designing and creating the Art described in Exhibit A for City, Artist

52 of 597

Pedestrian Mall Art Agreement
June 2023
3 8
7 4
5 agrees to transfer and hereby does transfer irrevocably to City for fair consideration, all right, title, and interest, including copyright, in the Art itself and in the design, sketches, drawings, model, maquettes, slides, photographs, and all other related materials used in the design and creation of this Art.

6.1.2 Artist agrees that all services performed under this Agreement shall comply with all applicable patent, trademark and copyright laws, rules, regulations and codes of the State of California and the United States. Artist hereby represents and warrants that the work does not, and Artist has not and will not, utilize any protected patent, trademark or copyright in performance under this Agreement unless and until Artist has obtained proper permission and all releases and other necessary documents. If Artist specifies any material, equipment, process or procedure which is protected, Artist shall disclose such patents, trademarks and copyrights in the construction drawings and technical specifications, such listing to be appended to this Agreement and shall be incorporated by this reference.

6.2 Artist’s Moral Rights; City Ownership Rights.

6.2.1 City must preserve complete flexibility to operate and manage City properties.

Therefore, City retains the absolute right to alter, repair, modify, remove, relocate, sell, dispose of, or destroy (collectively, “Modify”) the Art in its sole judgment. For example, City may modify the Art to eliminate hazards, to comply with the ADA, to otherwise aid in the management of its property and affairs, or through neglect or accident. If, during or after the term of this Agreement, City finds the project site to be inappropriate, City has the right to install the Art at an alternate location that it chooses in its sole discretion.

6.2.2 With respect to the Art produced under this Agreement, Artist waives any and all claims, arising at any time and under any circumstances, against City its officers, agents, employees, successors and assigns, arising under the federal Visual Artists Rights Act (17 U.S.C. §§106A and 113(d)), the California Art Preservation Act (Cal.

Civil Code §§987 et seq.), and any other local, state, federal or international laws that convey rights of the same nature as those conveyed under 17 U.S.C. §106A, Cal. Civil Code §§987 et seq., or any other type of moral right protecting the integrity of works of art. If the Art is incorporated into a site such that the art cannot be removed from the site without Modifying the Art, Artist waives any and all such claims against any future owners of the Site, and its agents, officers and employees, for Modifying the Art. Artist acknowledges that all such decisions concerning the Art shall be made in the sole discretion of City, its officers, employees, agents, contractors, licensees, successors or assigns. Artist further acknowledges that Artist retains no rights in and to the Art itself nor to any design, sketches, drawings, maquettes, models, slides, photographs, or other related materials with regard to attribution and integrity of the Art. In addition to the extent such rights may not be waived, Artist covenants not to assert such rights against City, its officers, employees, agents, contractors, licensees, successors or assigns.

6.2.3 City has no obligation to pursue claims against third parties for modifications or

53 of 597

Pedestrian Mall Art Agreement
June 2023
4 8
7 4
5 damage to the Art done without City’s authorization. However, City may pursue claims against third parties for modifications or damage or to restore the Art if the Art has been modified without City’s authorization. In the event City pursues such a claim, it will make a good faith attempt to notify Artist, and Artist shall cooperate with City’s efforts to prosecute such claims.

6.2.4 If City modifies the Art without Artists’ consent in a manner that is prejudicial to Artist’s reputation, Artist retains the right to disclaim authorship of the Art in accordance with 17 U.S.C. §106A(a)(2).

6.2.5 City shall have no obligation to display or maintain the Art for any particular time and City reserves the right to remove or destroy the Art at any time. Artist hereby waives any and all rights Artist may have to prevent or cause the prevention of the removal or destruction of the Art, or to seek any other relief in connection with any such removal or destruction, pursuant to 17 U.S.C. §106A or pursuant to California Civil Code §987, as such sections now exist or may hereafter be amended.

6.2.6 City’s Right to Display, Reproduce. Artist grants to City and to City’s agents, authorized contractors, and assigns, an unlimited, nonexclusive and irrevocable license to do the following with respect to the Art and any original works of authorship created under this Agreement, whether in whole or in part, in all media:

6.2.6.1Implementation, Use and Display. City may use and display the Art.

6.2.6.2Reproduction and Distribution. City may make, display and distribute, and authorize the making, display and distribution of, photographs and other two-dimensional reproductions of the Art. CITY may use such reproductions for any City-related non-commercial purpose including fundraising for City’s art programs, advertising, educational and promotional materials, brochures, books, flyers, postcards, print, broadcast, film, electronic and multimedia publicity, documentation of City’s public art collection, and catalogues or similar publications.

6.2.6.3Public Record Requests. Any documents provided by Artist to City are public records and City may authorize third parties to review and reproduce such documents pursuant to public records laws, including the California Public Records Act.

6.2.7 Artist understands the effect of the waivers in this Agreement and hereby acknowledges that Artist is surrendering the rights described herein with respect to the Art.

7. INDEMNIFICATION
Artist 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 Artist’s

54 of 597

Pedestrian Mall Art Agreement
June 2023
5 8
7 4
5 performance of this Agreement, except for those claims arising out of City’s sole negligence or willful misconduct. Artist agrees to defend City, its elected and appointed officials, employees, and agents against any such claims. Artist also agrees to release, indemnify, defend and hold harmless City, its officers and employees from any and all claims, damages, suits, costs, expenses, liabilities, actions or proceedings of any kind resulting from the performance under this Agreement which infringes upon any patent, trademark or copyright or other right protected by law. The Artist’s duty to indemnify shall survive expiration or early termination of this Agreement.

8. INSURANCE
The Artist, at their sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage(s) as set forth in Exhibit B.

9. LIMITATION OF LIABILITY
Under no circumstances shall one Party to this Agreement be liable to the other party for any special, consequential, indirect or incidental damages, including lost profits, arising out of or in connection with this agreement or any activities performed in connection with this agreement, regardless of whether a claim made by that party is based on contract or tort.

10. RESERVATION OF RIGHTS
Notwithstanding any other provision of this Agreement, if the City is unable or unwilling to make, or to continue to make, the art project available, due to budgetary constraints, action of the City Council, insufficient and other unavailable staffing, force majeure or for any other reason, or no reason at all, then the Artist or its agents, representatives, heir, successors and assigns will not have any right to file an action or make a claim against the City as a result of such action or inaction.

11. NOTICES
Unless otherwise provided herein, all notices required hereunder shall be given by electronic mail or by delivered by the United States Postal Service, registered or certified mail, or other form of mail which offers proof of mailing, postage prepaid and addressed to the Party at the addresses below:

If to Artist: Rafael Blanco
1910 Sapphire Ln.

Aurora, IL 60506
[email protected]
If to City: City Manager
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403
Copy to: Assistant City Manager
City Manager’s Office
City of San Mateo
330 West 20th Avenue

55 of 597

Pedestrian Mall Art Agreement
June 2023
6 8
7 4
5 San Mateo, CA 94403
ATTN.: Denise Garcia
[email protected]
(650) 522-7277

12. GENERAL PROVISIONS

12.1 The City shall have the right but not the obligation, to use the Artist’s name, likeness, and biographical information, along with the title Racial Equity Art Project in connection with the publicity of the present project.

12.2 Nothing herein, express or implied, is intended to or shall confer upon any third person, any legal or equitable right, or remedy, nor may any provision hereof be enforced by any third party.

12.3 The formation, interpretation and performance of this Agreement shall be governed by and interpreted in accordance with California law. Any action to enforce or interpret this Agreement shall be brought in a court of competent jurisdiction in County of San Mateo, California.

12.4 Attorney fees in total amount not exceeding $5,000 shall be recoverable as costs (that is, by the filing of a cost bill) by the prevailing party in any action or actions to enforce the provisions of the contract documents. The above $5,000 limit is the total of attorney fees recoverable whether in the trial court, appellate court, or otherwise, and regardless of the number of attorneys, trials, appeals or actions.

It is the intent that neither party to this Agreement shall have to pay the other more than $5,000 for attorney fees arising out of an action, or actions, to enforce the provisions of the contract documents. The parties expect and hope there will be no litigation and that any differences will be resolved amicably.

12.5 This Agreement may be executed in one of more counterparts, which shall together constitute one and the same Agreement.

12.6 This Agreement constitutes the entire understanding and agreement of the Parties relating to the Art and Pedestrian Mall Art Project and the rights and obligations of the Parties arising under this Agreement. The Exhibits to this Agreement are incorporated by reference and made a part of this Agreement. This Agreement supersedes any prior written or oral communication between the Parties relating to the Art and the Pedestrian Mall Art Project.

12.7 This Agreement may be amended, in writing, and signed by the Parties. [SIGNATURE PAGE FOLLOWS]

56 of 597

Pedestrian Mall Art Agreement
June 2023
7 8
7 4
5 IN WITNESS WHEREOF, the Parties have duly signed this Agreement as of the Effective Date.

ARTIST: CITY OF SAN MATEO
Rafael Blanco Date Christina Horrisberger Date
Interim City Manager
APPROVED AS TO FORM:

Mazarin Vakharia Date
Assistant City Attorney

57 of 597

Pedestrian Mall Art Agreement
June 2023
8 8
7 4
5 Exhibit “A”

SCOPE OF SERVICES

1. The Site
For the purposes of this Agreement, the Site shall refer to the Emergency Vehicle (EV) lane of the Pedestrian Mall between 1st Avenue and 3rd Avenue on B Street in Downtown San Mateo. Each block is approximately 300 feet long. Although the site is limited to the EV lane, artist(s) can decide how much of the space they would like to use within that allotted space.

2. Project Description
Artist(s) shall design, organize, and apply art to one (or multiple) blocks of the Pedestrian Mall within the EV lane. The art entitled “Cultural Pattern” shall hereinafter be referred to as “the Art.” The Art should bring the community together and raise awareness surrounding the growing demand for representation of San Mateo’s diverse population, commitment to racial and social justice, and bring to light the changes the community desires.

City shall provide all necessary approvals for the installation of the Art, including an encroachment permit, if necessary, for Artists’ use of public rights-of-way for installation of the Art, at no cost to the Artist(s). Artist(s) shall not be held responsible for any delay caused by actions or failure to act by City employees.

3. Budget and Timeline
“RACIAL JUSTICE STREET ART MURAL”

SAN MATEO, CA
Rafael Blanco

1. Budget –
Not to exceed $200,000.

Item Estimated
Design fee 2,000
Insurance 2,000
Surface prep 35,000
Labor 65,000
Paint & Supplies 54,000
Travel Expenses 22,000
Contingency $ 20,000
Total $ 200,000

2. Schedule & scope of work
Timeline, October 9th -28th
•Block A, 2 nd to 3rd Aves – October 9th – 18th (10 days of implementation) •Block B, 1 st to 2nd Aves – October 19th – 28th (10 days of implementation)

58 of 597

Pedestrian Mall Art Agreement
June 2023
9 8
7 4
5 59 of 597

Pedestrian Mall Art Agreement
June 2023
10 8
7 4
5 Exhibit “B”

INSURANCE REQUIREMENTS
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.

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

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

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

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

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

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.

60 of 597

Pedestrian Mall Art Agreement
June 2023
11 8
7 4
5 Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. The City may require the 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.

61 of 597

CITY OF SAN MATEO
4 3
0 9

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: 10-3133 File ID: 23-7670 TO: City Council
FROM: Christina Horrisberger, Interim City Manager
PREPARED BY: Community Development Department
MEETING DATE: July 17, 2023
SUBJECT:

Below Market Rental Rates, Sales Prices and Unit Community Priorities – 2023 Revisions RECOMMENDATION:

Adopt a Resolution to establish 2023 maximum rental rates and sales prices for affordable housing as required by the City of San Mateo's Below Market Rate (BMR) housing program; and establish Community Priority for units containing three or more bedrooms, which may allow a developer to provide fewer BMR units in exchange for units with more bedrooms as long as all other BMR program provisions are followed.

BACKGROUND:

In November 1992, the City Council established the BMR housing program that requires new housing developments of 11 or more units to include a certain percentage of the units as "affordable". The affordable housing targets have been revised from time to time. As of February 2020, a rental project must include 15% of the units that are affordable to Lower Income households, whose incomes do not exceed 80% of the median income ($104,400-$196,850, depending upon family size). For owner occupied housing, 15% of the units must be affordable to Moderate Income households, whose incomes do not exceed 120% of the area median income ($147,000-$277,200, depending upon family size). These are the minimum requirements and developers may elect to utilize State Density Bonus provisions to provide deeper affordability in exchange for development concessions. The City receives updated median income figures from the U. S. Department of Housing and Urban Development and the State Housing and Community Development offices each spring. All BMR units are subject to maximum rental rates and sales prices that are revised by the City Council on an annual basis to reflect changes in the area median income (AMI) as well as average interest rates for mortgages. This year the median income increased approximately 5%. However, in 2019 the City Council adopted a 4% cap on BMR rental increases to address the significant median income increases over the past few years.

Rental Rates
Maximum rental rates are determined by calculating 30% of 50% of the Area Median figure adjusted by family size for Very Low Income and 30% of 60% of the Area Median figure for Low Income adjusted by family size. The maximum rent figures include the cost of gas and electric utilities, garbage and water, but excludes telephone. Calculated rents cannot exceed Fair Market Rents (FMR) as published by the San Mateo County Housing Authority. Utilizing these formulas, the maximum rental rates after applying the 4% cap over last year for 2023 are:

62 of 597

CITY OF SAN MATEO
4 3
0 9
Very Low Income Low Income
Studio $1,265 $1,508
1-Bedroom $1,435 $1,728
2-Bedroom $1,619 $1,947
3-Bedroom $1,801 $2,165
4-Bedroom $1,947 $2,336

Very Low- and Low-Income maximum rents increased approximately $49-$90 but are still well below the current market.

Sales Prices
Maximum sales prices for condominiums and townhouses are established by first determining an affordable monthly housing payment, which is defined as 30% of 100% of AMI adjusted by family size for Moderate Income and 30% of 70% of AMI for Low Income. An allowance for property taxes, insurance, and homeowners’ association dues is factored into the monthly payment. The sales price is then calculated assuming a 5% down payment and a 4.23% interest rate (15-year average as published by Freddie Mac). Sales prices for single family detached houses are calculated using the above mentioned methodology except that the formula for the monthly payment for detached single family houses is 35% times 110% of the monthly median income. Utilizing these formulas, the maximum sales prices for 2023 are:

Low Income
Condo/Townhome
Moderate Income
Condo/Townhome
Single Family
Detached
Studio $300,000 $467,000 n/a
1-Bedroom $332,000 $523,000 $704,000
2-Bedroom $387,000 $603,000 $806,000
3-Bedroom $440,000 $680,000 $906,000
4-Bedroom $485,000 $743,000 $988,000

The sales prices increased this year by approximately 0-5%, depending on income level. The 2023 maximum sales price for the low-income studio increased by $1,000 and the low-income one-bedroom decreased by $3,000 from the 2022 maximum sales prices. The reason for this is because the homeowner‘s association dues were adjusted for the 2023 maximum sales price calculation. The Council reserves the right to change the prices at any time in the event of significant changes in the market, interest rates or other conditions.

Community Priority
BMR program revisions effective January 1, 2010 included flexibility in the bedroom count of the BMR units based on Council adoption of community priorities. An applicant may propose a different bedroom mix in the BMR units other than a straight pro rata of the market rate units as long as the total bedroom count is the same or more, and that the total number of BMR units equal at least 10% of the project.

For 2023, staff recommends that Council continue to adopt a Community Priority for large units consisting of 3 or more bedrooms, based on the shortage of those units currently in the BMR inventory compared to the families on the waiting lists. For example, a 40-unit complex consisting of all 2-bedroom units could provide the City four 3-bedroom units (10%) instead of the standard requirement of six 2-bedroom (15%) units. The City Council has the ability to change this priority each year to respond to different needs in the future.

BUDGET IMPACT:

There is no impact to the General Fund.

ENVIRONMENTAL DETERMINATION:

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

63 of 597

CITY OF SAN MATEO
4 3
0 9
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
Eloiza Murillo-Garcia, Housing Manager
[email protected]
(650) 522-7223

64 of 597

8 6
9 9

CITY OF SAN MATEO
RESOLUTION NO. (2023)
ESTABLISHING THE 2023 MAXIMUM RENTAL RATES AND SALES PRICES FOR AFFORDABLE HOUSING AS

REQUIRED BY THE BELOW MARKET RATE HOUSING PROGRAM, AND ESTABLISHING COMMUNITY PRIORITY

FOR LARGER UNITS
WHEREAS, the Below Market Rate Housing Program (BMR Program) was established in 1992, and is reviewed by the Council annually to establish maximum rental rates and sales prices for affordable housing, and WHEREAS, a revision to the BMR Program effective in January 2010, included flexibility in how a developer can satisfy the City’s BMR requirement, based on total bedroom count and adopted community priorities for the number of bedrooms in each unit; and WHEREAS, the City annually revises the rental rates and sales prices for the BMR Program based on median income data provided by the U. S. Department of Housing & Urban Development and the State Housing & Community Development offices; and
WHEREAS, staff has reviewed the rental rates and sales prices for the BMR Program and recommends that the Council adopt the rates set forth in Exhibit A attached to this Resolution; and WHEREAS, staff recommends that the Council establish Community Priority for units consisting of three or more bedrooms, based on the shortage of those units currently in the BMR inventory compared to the families on the waiting lists, which will allow a developer to provide fewer BMR units in exchange for unit with three or more bedrooms as long as all other BMR program provisions are followed.

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

1. In accordance with California Environmental Quality Act (CEQA) Guidelines section 15061(b)(3) this action is not a project subject to CEQA because it can be seen with certainty that it will not have a significant effect on the environment.

2. The 2023 maximum rental rates, including utilities and garbage, and sales prices for below market rate units are established at the rates set forth in Exhibit A, attached to this Resolution.

3. The establishment of a Community Priority need for units containing three bedrooms or more is established. A developer may propose a different bedroom mix in the BMR units as long as the developer provides BMR units with three or more bedrooms such that the total bedroom count is equal to or higher than what would otherwise be required pursuant to the BMR Guidelines, the total number of BMR units is 10% or more for the project, and all other BMR Program provisions are followed. See Exhibit B for the methodology to calculate the equivalency.

65 of 597

8 6
9 9

EXHIBIT A
2023 MAXIMUM RENTAL RATES
(Including Utility Allowance)
Very Low Income Low Income
Studio $1,265 $1,508
1-Bedroom $1,435 $1,728
2-Bedroom $1,619 $1,947
3-Bedroom $1,801 $2,165
4-Bedroom $1,947 $2,336
2023 MAXIMUM SALES PRICES
Low Income
Condo/Townhome
Moderate Income
Condo/Townhome Single Family Detached
Studio $300,000 $467,000 n/a
1-Bedroom $332,000 $523,000 $704,000
2-Bedroom $387,000 $603,000 $806,000
3-Bedroom $440,000 $680,000 $906,000
4-Bedroom $485,000 $743,000 $988,000

66 of 597

8 6
9 9

EXHIBIT B

BELOW MARKET RATE ALTERNATIVE

FOR VARIATION OF THE BEDROOM COUNT IN BMR UNITS
Based on City Council adoption of a Community Priority, an applicant may propose a different bedroom mix in the BMR units as long as the developer provides BMR units with three or more bedrooms such that the total bedroom count is equal to or higher than what would otherwise be required pursuant to the BMR Guidelines, the total number of BMR units is 10% of or more for the project, and all other BMR Program provisions are followed.

When the Community Priority is for larger units with 3 or more bedrooms the following methodology is used to calculate the required number of BMR units:
•Calculate the pro rata number of Market Rate units by bedroom type by multiplying .15 times the number of units for each bedroom size to establish the baseline. •Calculate the total number of bedrooms in the baseline BMR units. Use .75/ unit for studio units.
•Developer may propose a different mix of bedrooms if it increases the number of units with 3 or more bedrooms, provides an equivalent bedroom count the same or greater than the baseline, and provides a total BMR unit count of at least 10% of the project size.

67 of 597

CITY OF SAN MATEO
4 2
4 0

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: 10-4663 File ID: 23-7570 TO: City Council
FROM: Christina Horrisberger – Interim City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 17, 2023
SUBJECT:
3150 South Delaware Street, Bay Meadows Station 5 Public Improvements – Acceptance RECOMMENDATION:

Adopt a Resolution to accept public improvements in accordance with the October 19, 2020 Subdivision Improvement Agreement between the City of San Mateo and Bay Meadows Station 5 Investors, LLC for 3150 South Delaware Street, Bay Meadows Station 5.

BACKGROUND:

In September 2020, Bay Meadows Station 5 Investors, LLC (the Subdivider) sought approval and recordation of Parcel Map No. 470 prior to the completion of the required public improvements associated with Planning Application (PA) 17-074, a 183,283 square foot office and 2,378 retail project, located at 3150 South Delaware Street (the Property).

On September 21, 2020, the City Manager approved and authorized the Public Works Director to sign the Subdivision Improvement Agreement (Agreement) with the Subdivider for the Property. The Agreement was executed on October 19, 2020. Parcel Map No. 470 merged two lots into one 2.636-acre lot on the Property. The Agreement addressed the construction of the public improvements that were required as conditions of approval for the project and the tentative parcel map approved under PA 17-074. Prior to the commencement of construction, the Subdivider provided the City with security deposits to guarantee the performance of the work, totaling $144,774.00 per Section 14 of the Agreement. After this, permits were issued for the construction of the public improvements.

On February 22, 2023, the Public Works Department verified that all relevant planning application conditions of approval and public improvements have been satisfied and closed the construction permits for the public improvements. Upon the Subdivider’s satisfactory completion of the public improvements, the improvements require acceptance by City Council per Section 6 of the Agreement. Following acceptance by City Council, Section 14 of the Agreement requires the Subdivider to warranty the work for one (1) year. The maintenance bond on file with the City will remain in effect for one (1) year after the date of acceptance by the City Council. The faithful performance and labor and materials deposits are to be released by the Public Works Department.

BUDGET IMPACT:

The City will assume maintenance responsibilities for all public improvements, unless recorded agreement(s) or Government Code states otherwise. Ongoing costs for maintenance of the new improvements within the City right-of-way will be funded through the Public Works maintenance budget.

ENVIRONMENTAL DETERMINATION:

This acceptance of public improvements 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

68 of 597

CITY OF SAN MATEO
4 2
4 0
15378(b)(5).) For the underlying, the City Council exercised its independent judgment certifying the Final EIR for the San Mateo Rail Corridor Plan & Bay Meadow Specific Plan Amendment on April 18, 2005 (with respect to the Corridor Plan) and November 7, 2005 (with respect to the Bay Meadows Specific Plan Amendment), and has adopted appropriate CEQA findings related to the Project Approvals. On September 25, 2018, the Planning Commission adopted Addendum #5 to that Final EIR for the Bay Meadows STA 1 and 5 Planning Application Modification (PA17-074).

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Subdivision Improvement Agreement
Att 3 - Parcel Map No. 470

STAFF CONTACT
Karen Magallanes, Assistant Engineer
[email protected]
(650) 522-7576
Jay Yu, Engineering Manager
[email protected]
(650) 522-7323

69 of 597

CITY OF SAN MATEO
RESOLUTION NO. ____ (2023)

ACCEPTING PUBLIC IMPROVEMENTS FOR
3150 SOUTH DELAWARE STREET, BAY MEADOWS STATION 5
WHEREAS, in September 2020, Bay Meadows Station 5 Investors, LLC sought approval and recordation of Parcel Map No. 470 prior to the completion of the required public improvements associated with Planning Application 17-074, an office and retail project, located at 3150 South Delaware Street; and WHEREAS, on September 21, 2020, the City Manager approved the Subdivision Improvement Agreement for 3150 South Delaware Street, Bay Meadows Station 5 and authorized the Public Works Director to sign the Agreement on October 19, 2020; and
WHEREAS, the Subdivision Improvement Agreement for 3150 South Delaware Street, Bay Meadows Station 5 addressed various public improvements required as conditions of approval for the project and tentative parcel map approved under PA17-074; and
WHEREAS, on February 22, 2023, the Public Works Department has verified that all relevant planning application conditions of approval and subdivision improvements have been satisfactorily completed and Public Works staff recommends formal acceptance of those improvements.

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

1. 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).)

2. The City Council accepts the public improvements related to the Subdivision Improvement Agreement for 3150 South Delaware Street, Bay Meadows Station 5 dated October 10, 2020 between the City of San Mateo and Bay Meadows Station 5 Investors, LLC.

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

70 of 597

EXEMPT FROM RECORDING FEE
Pursuant to Government Code 6103
A
5:00 pm 11/05/20 AG Fee: NO FEE
Count of Pages 16
ecorded in Official Records
County of San Mateo
Mark Church
sensor - County Clerk - Recorder
8 0 0 0 2 9 4 6 7 0 3
RECORDING REQUESTED BY:

CITY CLERK'S OFFICE

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

CITY CLERK

CITY OF SAN MATEO
330 WEST 20TH AVENUE
SAN MATEO, CA 94403

THIS SPACE
FOR

RECORDER'S USE ONLY

TITLE OF DOCUMENTS
Subdivision Improvement Agreement:
3150 South Delaware Street, San Mateo

71 of 597

RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:

Government Code 6103: Exempt from Recording Fee
City Clerk
City of San Mateo
330 West 20th Avenue
San Mateo, CA 94403

SUBDIVISION IMPROVEMENT AGREEMENT
THIS SUBDIVISION IMPROVEMENT AGREEMENT is made and entered into this , p///day of October, 2020, by and between the City of San Mateo, a municipal corporation of California (" City"), and Bay Meadows Station 5 Investors, LLC, a Delaware limited liability company (" Subdivider"). Each of City and Subdivider shall be referred to herein individually as a " Party" and collectively as the Parties."

RECITALS
A. Subdivider is the owner of that certain tract of land, more particularly described in Exhibit A attached hereto and incorporated herein by this reference, located at 3150 South Delaware Street in the City of San Mateo, County of San Mateo, State of California.

B. Subdivider's application for a Tentative Parcel Map ( the " Tentative Map") was approved by the San Mateo Planning Commission on September 25, 2018, subject to Conditions of Approval ( the Conditions of Approval").

C. Subdivider has presented to City for approval Final Parcel Map No. 470 dated April 2020 ( the " Final Map"), incorporated herein by reference.

D. Subdivider has requested approval of the Final Map prior to the completion of the Required Improvements ( as defined herein).

E. City requires various off - site sidewalk improvements and off - site landscape improvements that are required under the Conditions of Approval, as more specifically described below ( collectively, the " Required Improvements").

F. City desires that Subdivider post bonds to ensure the construction of the Required Improvements.

G. City desires to assure that the Required Improvements will be done in a good and workmanlike manner, in accordance with the Conditions of Approval, and City, state, and federal standards.

NOW, THEREFORE, in consideration of the approval of the Final Map, and in order to ensure satisfactory performance by Subdivider of Subdivider's obligations under the Conditions of Approval, the Subdivision Map Act, and the San Mateo Municipal Code, the Parties agree as follows:

Subdivision Improvement Agreement Page 1 of 14

72 of 597

1. Performance of Work. Subdivider shall, at its own cost and expense, complete, in a good and workmanlike manner, all of the Required Improvements. The Required Improvements consist of work and improvements within and without the subdivision, which are shown on the Final Map and/or on the certain plans and specifications prepared by Arup North America Limited as issued for permit application BD2019-272906 and EP2020-000236 on file in the Office of the City Engineer ( the " Plans and Specifications"), and which improvements are required by the Conditions of Approval.

2. Improvement Cost. The total cost of the Required Improvements is estimated to be Seventy - Two Thousand Three Hundred and Eighty -Seven Dollars ($ 72,387.00).

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

4. Time of Commencement and Completion. Unless otherwise approved by the City, all Required Improvements shall be constructed and approved by the City Engineer within two ( 2) years from the date of receipt of permit for the offsite work and prior to occupancy of any building on the site.

5. Payment of Costs. Without limitation, Subdivider shall pay all costs and expenses related to or arising from the performance of any work to complete the Required Improvements, including, but not limited to, payment for any materials, provisions, and other supplies used in, upon, for, or about said work, and for any work or labor thereon of any kind, and for amounts due under the Unemployment Insurance Act of the State of California, with respect to such work or labor, costs and expenses shall also include, but not be limited to, the. costs of any engineering, plans and specifications, city personnel or consultant costs to prepare right of way maps and related documents, construction manager, escrow payments, contract administration, encroachment permits, utility relocation, and legal fees.

6. Acceptance by City. The City Engineer shall have the right to reject any and all Required Improvements under this Agreement if they do not conform, in his or her sole judgment, with the approved Plans and Specifications and with ordinances and standards of the City (" City Standards"). Final acceptance of the Required Improvements shall be by the City Council.

7. No Waiver. Notwithstanding the fact that Subdivider's Plans and Specifications, completion of work, and other acts to be performed hereunder are subject to approval by the City, it is understood and agreed that any approval by the City shall in no way relieve Subdivider of performing said work to City Standards or its obligations hereunder to City Standards.

8. Warranty of Work. Subdivider warrants and guarantees all work performed hereunder and all materials used therein for a period of one ( 1) year after completion and final acceptance by the City Council.

Subdivision Improvement Agreement Page 2 of 14

73 of 597

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

10. Permits: Compliance with Law. Subdivider will, at Subdivider's expense, obtain all necessary permits and licenses for the Required Improvements and give all necessary notices and pay all fees and taxes required by law. In the performance of this Agreement, Subdivider shall comply with all laws, ordinances, regulations, and rules of all governmental agencies with jurisdiction, including, but not limited to, the provisions of the Government Code, the Public Contract Code, and the Labor Code of the State of California. With regard to the Labor Code, Subdivider agrees to comply with all applicable provisions, including, but not limited to, the wage and hour, prevailing wage, workers compensation and various other labor requirements in Division 2, Part 7, Chapter 1, including Sections 1720 to 1740, 1770 to 1780, 1810 to 1815, 1860, and 1861, which provisions are specifically incorporated by reference as though set forth herein in their entirety. Subdivider shall expressly require compliance with the provisions of this Section in all agreements with contractors and subcontractors for the performance of the Required Improvements hereunder.

11. Inspection by City. Subdivider shall, at all times, maintain proper facilities and provide safe access for inspection by City to all parts of the work subject to City's acceptance. Subdivider shall pay for all engineering, inspection, and survey services in accordance with San Mateo Municipal Code Section

26.60.010.

12. Reversion to Acreage. If the Subdivider fails to perform its obligations under this Agreement after having been given written notice and an opportunity to cure any such failure in accordance with section 17(A)(5) below, then Subdivider consents to the reversion to acreage of the land which is the subject to this Agreement pursuant to Government Code section 66499.16 and to bear all applicable costs.

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

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

A. At the time of signing this Agreement, the following bonds shall be presented:
1) Faithful Performance ( 100% of the cost of the Required Improvements) to secure faithful performance of this Agreement by the Subdivider.

Subdivision Improvement Agreement Page 3 of 1.4

74 of 597

2) Labor and Materials ( 100% of the cost of Required Improvements) to secure payment by the Subdivider of laborers and material engaged pursuant to this Agreement, and further to secure payment as required by the Unemployment Insurance Act.

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

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

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

16. Intentionally Deleted.

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

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

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

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

Subdivision Improvement Agreement Page 4 of 14

75 of 597

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

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

D. Subdivider hereby consents to entry by the City and its contractors, upon any real property set forth on the Final Map and owned by the Subdivider or by any assignee of this Agreement, in the event the City elects to maintain or complete the work on any portion of the Required Improvements following Subdivider's default under this Agreement.

E. Subdivider acknowledges and agrees that, upon approval of the Final Map, City will confer substantial rights upon the Subdivider, including the right to sell, lease or finance lots within the subdivision set forth on the Final Map. As a result, City will be damaged to the extent of the cost of construction or installation of the Required Improvements upon Subdivider's failure to perform its obligations under this Agreement.

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

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

18. Hold Harmless. Subdivider will indemnify, defend, and hold City, its elected and appointed officers, agents, and employees harmless from any and all liabilities, obligations, damages, costs, injuries, or claims ( collectively, " Claims") arising from, or alleged to arise from, Subdivider's performance or nonperformance of this Agreement; provided, however, that Subdivider's indemnification obligations hereunder shall not extend to any Claims to the extent caused by the negligent or willful misconduct of the City.

The Claims defined above shall include any liability or claim for damage of any kind allegedly suffered, incurred or threatened because of actions defined below, including personal injury, death, Subdivision Improvement Agreement Page 5 of 14

76 of 597

property damage, inverse condemnation, or any combination of these, but expressly excluding consequential, special, and punitive damages, and regardless of whether or not such liability, claim or damage was unforeseeable at any time before the City reviewed the Plans and Specifications or accepted the Required Improvements as completed, and including the defense of any suit, action or other proceeding concerning same.

The indemnification in this section is not conditioned or dependent on whether or not the City has prepared, supplied, or reviewed any plan(s) or specification(s) in connection with the Required Improvements, or has insurance or other indemnification covering any of these matters.

19. Insurance Required. Subdivider shall procure and maintain or shall cause its contractor(s) to procure and maintain for the duration of the contract the insurance set forth in Exhibit B of this Agreement.

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

21. Liability. Neither the City nor any of its officers, agents, or employees shall be liable to Subdivider, its contractor, subcontractors, officers, agents, or employees, for any error or omission, or any obligation whatsoever, arising out of or in connection with any work to be performed under this Agreement. The City, its elected or appointed officers, agents, and employees shall not be liable to the Subdivider or to any person, firm or corporation whatsoever, for any error or omission, or any obligation or liability whatsoever, arising out of or in connection with any work to be performed under this Agreement.

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

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

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

25. Time of Essence. Time is of the essence in this Agreement. The City Engineer may extend the time for completion of the Required Improvements hereunder, upon good cause being shown by the Subdivider. Any extension must be documented in an amendment to this Agreement. Any such extension Subdivision Improvement Agreement Page 6 of 14

77 of 597

may be granted without notice to the Subdivider's surety and any extension so granted shall not relieve surety's liability on the bonds.

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

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

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

A. Notices to the City shall be addressed as follows:

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

Bay Meadow Station 5 Investors, LLC
c/o Wilson Meany
4 Embarcadero Center, Ste. 3330
San Francisco, CA 94111
Attn: Charles Noll
Phone: 415-905-5390

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

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

31. Agreement Runs with the Land and Recordation. This Agreement pertains to and runs with the real property described in Exhibit A. This Agreement binds the successors in interest of each of the Parties to it until all the Required Improvements have been completed and accepted by the City of San Mateo. The City shall cause this Agreement to be recorded with the County Recorder and a copy of the recorded instrument will be provided to Subdivider.

32. Severability Clause. If any portion of this Agreement is adjudicated to be invalid, then its remaining provisions are not affected.

Subdivision Improvement Agreement Page 7 of 14

78 of 597

SIGNATURES ON FOLLOWING PAGE]
Subdivision Improvement Agreement Page 8 of 14

79 of 597

SIGNATURES TO BE NOTARIZED
IN WITNESS WHEREOF, CITY and SUBDIVIDER have executed this Agreement the day and year first above written.

CITY OF SAN MATEO
Brad E Underwood, Public Works Director
Date ipIlyzti

APPROVED AS TO FORM
Terrence E. Fancher, Executive Managing Director
Gabrielle Whelan, Assistant City Attorney

SUBDIVIDER
Bay Meadows Station 5 Investors, LLC,
a Delaware limited liability company
0 - 1 a
Date
Subdivision Improvement Agreement Page 9 of 14

80 of 597

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 SAN FRANCISCO
On Ot-tobet i, carao , before me, Re n C 41 , the undersignedNotary Public, personally appeared I- 0 Y r 11't c.t- 6. FA rG . I K , 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.

Signed by:

Notary Public, State of California

RENEE ADAMS
Notary Public - California
San Francisco County f.

Commission # 2306717
My Comm. Expires Oct 21, 2023
Subdivision Improvement Agreement Page 10 of 14

81 of 597

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

State of California
County of San Mateo
On 10/19/2020 before me, Patrice M. Olds, City Clerk
insert name and title of the officer)
personally appeared Brad B. Underwood
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

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

WITNESS my hand and official seal.

82 of 597

Exhibit A

DESCRIPTION OF PROPERTY
All that certain real property situated in the City of San Mateo, County of San Mateo, State of California being more particularly described as follows:

All of Lots 1 and 2 of Block 18, as shown on the map entitled " Bay Meadows Phase II, No. 4", as said map was filed for record on March 20, 2013 in Book 139 of Maps, at Pages 11 through 24, San Mateo County Official Records.

Containing 2.636 acres, more or less.

Subdivision Improvement Agreement Page 1 of 14

83 of 597

Exhibit B
Insurance Requirements
City of San Mateo Insurance Requirements

CITY OF SAN MATEO

DEPARTMENT OF PUBLIC WORKS
330 West 20th Avenue
San Mateo, CA 94403
650) 522-7300
650) 522-7301 fax
Subdivider shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the Subdivider, its agents, representatives, employees, or subcontractors. With respect to General Liability, Errors & Omissions, Contractors Pollution Liability, and/or Asbestos Pollution Liability, coverage should be maintained for a minimum of five ( 5) years after contract completion.

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

1. Commercial General Liability ( CGL): Insurance Services Office Form CG 00 01 covering CGL on an " occurrence" basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $ 2,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location ( ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering any auto ( Code 1), or if Contractor has no owned autos, hired ( Code 8) and non - owned ( Code 9) autos, with limit no less than 1,000,000 per accident for bodily injury and property damage.

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

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.

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

Self Insured Retentions
Self - insured retentions must be declared to and approved by the City. At the option of the City, the Subdivider shall provide coverage to reduce or eliminate such self - insured retentions as respects the City, its officers, officials, employees, and volunteers; or the Subdivider shall provide evidence satisfactory to the City guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self - insured retention may be satisfied by Subdivision Improvement Agreement Page 2 of 14

84 of 597

either the named insured or Entity.

Other Insurance Provisions
A. The General Liability, Automobile Liability, Contractors Pollution Liability, and/or Asbestos Pollution policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as additional insureds with respect to liability arising out of work or operations performed by or on behalf of the Subdivider 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 Subdivider's insurance ( at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

3. Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the Entity.

B. The Automobile Liability policy shall be endorsed to include Transportation Pollution Liability insurance, covering materials to be transported by Subdivider pursuant to the contract. This coverage may also be provided on the Contractors Pollution Liability policy.

C. If General Liability, Contractors Pollution Liability and/or Asbestos Pollution Liability and/or Errors & Omissions coverages are written on a claims - made form:

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

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

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

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

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

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best rating of no less than A:VII if admitted in the State of California.

Verification of Coverage
Subdivider shall furnish the Entity with original Certificates of Insurance including all required amendatory endorsements ( or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the Subdivider's obligation to provide them. The City reserves the right to require complete, certified Subdivision Improvement Agreement Page 3 of 14

85 of 597

copies of all required insurance policies, including endorsements required by these specifications, at any time.

Waiver of Subrogation
Subdivider hereby grants to City a waiver of subrogation which any insurer may acquire against City, its officers, officials, employees, and volunteers, from Subdivider by virtue of the payment of any loss. Subdivider agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the City for all work performed by the Subdivider, its employees, agents, and subcontractors.

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

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.

Subdivision Improvement Agreement Page 4 of 14

86 of 597

County of San Mateo
Assessor - County Clerk - Recorder
Mark Church
555 County Center
Redwood City, CA, 94063
Finalization 2020093570
11/5/20 5:00 pm
079 85
Item Title
1 Agreement
Document ID Amount
DOC# 2020-123874 59.00
Total 0.00
Payment Type Amount
NO FEE
Amount Due

59.00 0.00

THANK YOU

PLEASE RETAIN THIS RECEIPT

FOR YOUR RECORDS

87 of 597

88 of 597

89 of 597

CITY OF SAN MATEO
4 3
0 1

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: 72-4674 File ID: 23-7656 TO: City Council
FROM: Christina Horrisberger, Interim City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 17, 2023
SUBJECT:

Basin E Sanitary Sewer Improvements Project – Agreement RECOMMENDATION:

Award an agreement to D’Arcy & Harty Construction, Inc. for the Basin E Sanitary Sewer Improvements Project in an amount not to exceed $6,486,711; establish a contingency reserve in the amount of $1,297,000; 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 Clean Water Program (CWP) is improving the City of San Mateo’s sanitary sewer system to prevent sanitary sewer overflows and unauthorized discharge of sewage. As part of the CWP, the annual sanitary sewer rehabilitation project proactively upgrades and rehabilitates aging sewer pipes to reduce inflow and infiltration.

Basin E includes the southwestern parts of the City of San Mateo: generally, the areas west of El Camino Real and south of 27th Avenue, including areas west of Highway 92. The Basin E Sanitary Sewer Improvements Project (Project) focuses on the repair of sewer system deficiencies previously identified using video inspections. This work will ensure proper operation of the sewer collection system, reduce infiltration and inflow, and fix defects in order to prevent potential sanitary sewer overflows. The Project includes pipe spot repairs, full segment pipe replacements, rehabilitation and replacement of manholes, trenchless cured-in-place pipe spot repairs, pre- and post-installation video inspections, and site restorations. Construction activities are expected to start in August 2023.

The Project was advertised for construction on May 18, 2023. Bids were opened on June 8, 2023. The engineer’s estimate was $7,280,000. Six bids were received and are listed as follows:

Contractor: Bid Amount:

D’Arcy & Harty Construction, Inc. $6,486,711
Glosage Engineering $6,488,117
Westland Contractors, Inc. $6,551,021
KJ Woods Construction $6,588,000
C2R Engineering $7,028,987
Cratus Inc. $8,718,825
Staff recommends the project be awarded to the lowest responsible, responsive bidder, D’Arcy & Harty Construction, Inc., with a bid of $6,486,711. After review of the bid documents, the bid package was found to be complete and the contractor was found to have the appropriate licenses. Staff also recommends establishing a contingency reserve in the amount of

90 of 597

CITY OF SAN MATEO
4 3
0 1
$1,297,000 to address any unanticipated items that may arise during construction.

BUDGET IMPACT:

Sufficient funding for this agreement and contingency is available in the Clean Water Program (CWP) Annual Citywide Sanitary Sewer Rehabilitation Project (46S091).

ENVIRONMENTAL DETERMINATION:

The work addressed by this administrative report is being undertaken to support the Clean Water Program. This project is subject to the requirements of the California Environmental Quality Act (CEQA), the general components of which are included as part of the Final Programmatic Environmental Impact Report (Final PEIR) (SCH No. 201532006) that was prepared for the Clean Water Program. The Final PEIR was certified by City Council on June 6, 2016. 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 - Agreement
Att 2 - Bid Summary
Att 3 - Collection System Basin Delineation

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

91 of 597

Construction Contract   Page 1 of 9
Rev 6/23
AGREEMENT WITH D’ARCY & HARTY CONSTRUCTION, INC
FOR PUBLIC IMPROVEMENT
FOR
BASIN E SANITARY SEWER IMPROVEMENT PROJECT
CITY PROJECT NO. 46S091

THIS AGREEMENT FOR PUBLIC IMPROVEMENTS  (“Agreement”), made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, (hereinafter called "City") and D’ARCY & HARTY CONSTRUCTION,  a corporation, with offices at 1300 Carroll Avenue, San Francisco, CA 94124 (hereinafter  called "Contractor"),  entered into this day of __________________.

RECITALS:

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

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

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

IT IS AGREED, as follows:

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

Basin E Sanitary Sewer Improvement Project

CITY PROJECT NO. 46s091

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of $6,486,711.00 in full payment for the work set forth above.

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

3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; the Contract Book which includes the Special Provisions and Contract Drawings, Addendum Number 1 issued to the Contract Book, the APWA‐AGC Standard Specifications for Public Works Construction, 2015 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).

92 of 597

Construction Contract   Page 2 of 9
Rev 6/23
All rights and obligations of City and Contractor are fully set forth and described in the contract documents.  The contract documents constitute the entire contract between the parties hereto pertaining to the subject matter hereof, fully supersede any and all prior understandings, representations, warranties and agreements between the parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the parties hereto.

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

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

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

4.2.1   The Work shall be substantially completed within 280 working days from the date when the Contract Times commence to run as provided in Paragraph 2.03 of  the  General  Conditions,  and  completed  and  ready  for  final  payment  in accordance  with  Paragraph  14.07  of  the  General  Conditions  within  320 working days after the date when the Contract Times commence to run.

4.2.2 Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph Contract Times above, plus any extensions thereof allowed in accordance with Article 11 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work  is  not  completed  on  time.  Accordingly,  instead  of  requiring  any  such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner $500 for each day that expires after the time specified herein for Substantial Completion until the Work is substantially complete.

4.2.3 After  Substantial  Completion,  if  Contractor  neglects,  refuses,  or  fails  to complete remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $2,500 for each day that expires after the time specified herein for completion and readiness for final payment until the Work is completed and ready for final payment.

5. Performance by Sureties. In the event of any termination as hereinbefore provided, City shall immediately give written notice thereof to Contractor and Contractor's sureties, and the sureties shall have the right to take over and perform the Agreement, provided, however, that if the sureties, within 5 days after giving them said notice of termination, do not give City written notice of their intention to take over the performance thereof within 5 days after notice to City of such election, City may take over the work and prosecute the same to completion, by contract or by any other method it may deem advisable, for the account, and at the expense of Contractor, and the sureties shall be

93 of 597

Construction Contract   Page 3 of 9
Rev 6/23
liable to City for any excess cost or damages occasioned City thereby; and, in such event, City may, without liability for so doing, take possession of, and utilize in completing the work, such materials, appliances, plant and other property belonging to Contractor as may be on the site of the work and necessary therefor.

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

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

7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force.

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

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

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

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

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

10. 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

94 of 597

Construction Contract   Page 4 of 9
Rev 6/23
appointed officials, employees, and agents against any such claims. The Contractor’s duty to indemnify shall survive expiration or early termination of this Agreement.

11. 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.

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

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

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

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

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

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

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

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

16. Governing Law and Venue. This Agreement, the contract documents, and the performance hereon shall be governed, interpreted, construed, and regulated by the laws of the State of California. The

95 of 597

Construction Contract   Page 5 of 9
Rev 6/23
parties agree that any action related to this Agreement or the contract documents will be venued in the County of San Mateo.

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

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

19. Severability. If any part or provision of the contract documents is determined by any court to be illegal, invalid, or unenforceable, in whole or in part, the contract documents shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provisions found to be null and void, the parties would not have entered into the contract documents. The parties shall use all reasonable efforts to replace any and all provisions or parts found to be null and void with provisions that are valid under the applicable law and come closest to their original intention.

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

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

[SIGNATURE PAGE FOLLOWS]

96 of 597

Construction Contract Page 6 of 9
Rev 6/23
IN WITNESS WHEREOF, this agreem
ent between the CITY OF SAN MATEO and D’Arcy & Harty
Construction, Inc. has been duly executed by the parties hereinabove named, as of the day and year first above written.

CITY OF SAN MATEO  CONTRACTOR
Matt Fabry
Interim Director of Public Works
Date Mike D’Arcy
Its Authorized Agent
President
If  a  Corporation,  can  be  either  1)
President  or  2)  Vice  President  plus  an
additional  corporate  officer  (i.e.,
Secretary,  Treasurer)  who  shall  sign
below.

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

Exhibit A:  Insurance Requirements

97 of 597

Construction Contract   Page 7 of 9
Rev 6/23
Exhibit A
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for x years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

MINIMUM SCOPE AND LIMIT OF INSURANCE

Coverage shall be at least as broad as:

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

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

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

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

5. Surety Bonds as described below.

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

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

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

Self‐Insured Retentions
Self‐insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer shall to reduce or eliminate such self‐insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self‐insured retention may be satisfied by either the named insured or Entity.

Other Insurance Provisions

98 of 597

Construction Contract   Page 8 of 9
Rev 6/23
The insurance policies are to contain, or be endorsed to contain, the following provisions:

1. The  Entity,  its  officers,  officials,  employees,  and  volunteers  are  to  be  covered  as  additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

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

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

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

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

Claims Made Policies – (If at all possible avoid and require occurrence type CGL policies) If any coverage required is written on a claims‐made coverage form:

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

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

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

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

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

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best rating of no less than A: VII, unless otherwise acceptable to the Entity.

Waiver of Subrogation
Contractor hereby agrees to waive rights of subrogation which any insurer of Contractor may acquire

99 of 597

Construction Contract   Page 9 of 9
Rev 6/23
from Contractor by virtue of the payment of any loss. Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation. The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the Entity for all work performed by the Contractor, its employees, agents and subcontractors.

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

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

Surety Bonds
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

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

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

100 of 597

Basin E Sanitary Sewer Improvements Project BIDDERS
CITY PROJECT NO. 46S091
BID OPENING: 6/8/2023 D'Arcy & Harty Construction,
Inc.Council Award: 7/17/2023

BID SUMMARY
Glosage Engineering, Inc.

BIDDER #2
Westland Contractors, Inc. KJ Woods Construction, Inc. C2R Engineering, Inc.

BIDDER #5
Cratus, Inc.

BIDDER #6ENGINEER'S ESTIMATE BIDDER #1 BIDDER #3 BIDDER #4

DESCRIPTION OF WORKITEM
NO.

EST.

QTY. UNIT
UNIT
PRICE
TOTAL
COST
UNIT
PRICE
TOTAL
COST
UNIT
PRICE
TOTAL
COST
UNIT
PRICE
TOTAL
COST
UNIT
PRICE
TOTAL
COST
UNIT
PRICE
TOTAL
COST
UNIT
PRICE
TOTAL
COST
1 2
3 4
5 6
7 8
9 Mobilization/Demobilization 1
1 LS $200,000.00
LS $150,000.00
$200,000.00 $320,000.00
$150,000.00 $350,000.00
$320,000.00 $311,875.00
$350,000.00 $218,700.00
$311,875.00 $100,000.00
$218,700.00 $40,000.00
$100,000.00 $300,000.00
$40,000.00 $130,000.00
$300,000.00 $350,000.00
$130,000.00 $200,000.00
$350,000.00 $400,000.00
$200,000.00 $100,000.00
$400,000.00
$100,000.00
$5,000.00
Pedestrian Control, Traffic Control, and Notifications
Caltrans Encroachment Permit Fee
Caltrain Agreement Fees
1 AL
AL
LS
LS
LS
EA
EA
EA
EA
LF
LF
$5,000.00
$10,000.00
$50,000.00
$80,000.00
$30,000.00
$6,500.00
$7,000.00
$2,500.00
$7,500.00
$1,000.00
$900.00
$5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 1 $10,000.00 $10,000.00
$50,000.00 $350,000.00
$80,000.00 $70,000.00
$30,000.00 $20,000.00
$10,000.00 $10,000.00
$350,000.00 $148,500.00
$70,000.00 $83,900.00
$20,000.00 $58,000.00
$10,000.00 $10,000.00
$148,500.00 $60,000.00
$83,900.00 $20,000.00
$58,000.00 $10,000.00
$10,000.00 $10,000.00
$60,000.00 $80,000.00
$20,000.00 $55,000.00
$10,000.00 $25,000.00
$10,000.00 $10,000.00
$80,000.00 $85,000.00
$55,000.00 $93,000.00
$25,000.00 $40,000.00
$7,200.00
$10,000.00 $10,000.00
$85,000.00 $100,000.00
$93,000.00 $100,000.00
$40,000.00 $20,000.00
$10,000.00
$100,000.00
$100,000.00
$20,000.00
Sheeting, Shoring, and Bracing
Temporary Bypass Pumping and Piping
Water Pollution Control Plan (WPCP)
6-inch spot repair
1 1
1 174
18 1
$1,131,000.00
$126,000.00
$2,500.00
$9,500.00
$9,600.00
$3,000.00
$9,800.00
$1,000.00
$800.00
$1,653,000.00
$172,800.00
$3,000.00
$6,700.00 $1,165,800.00 $10,820.00 $1,882,680.00
$195,300.00
$6,000.00 $1,044,000.00 $1,252,800.00 $13,000.00 $2,262,000.00 8-inch spot repair $8,700.00
$4,700.00
$156,600.00 $10,850.00
$4,700.00 $4,000.00
$12,800.00 $10,900.00
$6,500.00 $117,000.00
$10,000.00
$7,800.00
$8,000.00
$140,400.00 $20,000.00
$8,000.00 $10,000.00
$10,800.00 $15,000.00
$360,000.00
$10,000.00
$15,000.00
$6,400.00
10 8-inch Internal Spot Repair
11 10-inch Spot Repair
$4,000.00 $10,000.00
$10,900.00 $12,000.001 $7,500.00 $9,800.00 $12,800.00 $12,000.00 $10,800.00 12 4-inch Open Trench Repair
13 6-inch Open Trench Repair
14 6-inch Pipe Burst
8 $8,000.00 $8,000.00
$23,200.00
$1,597,239.00
$17,000.00
$74,500.00
$857,269.00
$148,823.00
$16,800.00
$1,600.00
$400.00
$400.00
$3,200.00 $1,525.00
$1,550.00
$253.00
$12,200.00
$44,950.00
$900.00 $7,200.00 $900.00
$900.00
$7,200.00
$26,100.00
$1,901,475.00
$20,400.00
$298,000.00
$1,379,994.00
$269,958.00
$24,000.00
$800.00
$800.00
29 $26,100.00
$2,112,750.00
$25,500.00
$372,500.00
$1,359,085.00
$242,270.00
$16,000.00
$400.00
$11,600.00 $1,000.00 $29,000.00 $1,000.00 $29,000.00
8,451 LF $250.00 $189.00 $225.00 $1,901,475.00 $2,138,103.00 $27,625.00
$285.00 $2,408,535.00 $225.00 $250.00 $2,112,750.00
15 8-inch Pipe Burst 85 LF $300.00 $200.00 $290.00 $24,650.00 $325.00 $330.00 $750.00
$28,050.00 $240.00 $260.00 $22,100.00
16 Replace Lateral Connection - Pipe Bursting Locations 17 6-inch CIPP
149 EA $2,500.00
$65.00
$500.00 $1,250.00 $186,250.00 $2,100.00
$40.00
$312,900.00
$836,360.00
$148,823.00
$36,000.00
$111,750.00 $2,000.00
$66.00
$2,000.00 $298,000.00
20,909 LF
3,461 LF
$41.00 $50.00 $1,045,450.00 $51.00 $1,066,359.00 $65.00 $1,359,085.00 18 8-inch CIPP $70.00 $43.00 $57.00
$1,679.00
$100.00
$197,277.00
$13,432.00
$800.00
$43.00 $58.00 $200,738.00
$13,600.00
$160,000.00
$11,360.00
$1,200.00
$78.00 $80.00
$3,000.00
$100.00
$276,880.00
$24,000.00
$800.00
19 CIPP Top Hat 8
8 EA
LF
$2,000.00
$50.00
$2,100.00
$200.00
$4,500.00
$100.00
$1,700.00 $3,000.00
$100.0020 Abandon 6-inch Sanitary Sewer
21 CCTV Inspect Sanitary Sewer (Locations without sewer repairs) 22 Remove Loose Gasket on 6-inch DIP Joint
23 Remove Manhole Ladder Rungs
24 Repair/Reform Bench & Invert
25 Grout Manhole Grade Rings
26 Coat Manhole, 6 feet or less in depth
27 Coat Manhole, Greater than 6 feet in depth
28 Replace Manhole Frame and Lid
29 Raise Manhole
$800.00 $20,000.00
1,136 LF $20.00 $22,720.00
$1,000.00
$5.00 $5,680.00 $6.00 $6,816.00
$5,800.00
$7,956.00
$89,100.00
$4,000.00
$64,116.00
$76,320.00
$131,400.00
$128,000.00
$112,000.00
$2,500.00
$52,500.00
$5.00 $5,680.00
$1,000.00
$15,600.00
$45,000.00
$2,000.00
$54,000.00
$60,000.00
$87,600.00
$96,000.00
$40,000.00
$1,000.00
$45,000.00
$10.00
$1,200.00
$500.00
$5.00 $5,680.00 $10.00 $11,360.00
$500.001
39 45
4 EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
EA
$1,000.00
$500.00
$2,500.00
$100.00
$2,500.00 $5,800.00
$204.00
$1,000.00
$400.00
$5,500.00
$120.00
$5,500.00 $500.00
$19,500.00
$90,000.00
$3,000.00
$3,900.00 $19,500.00
$112,500.00
$2,000.00
$4,680.00 $300.00 $11,700.00
$180,000.00
$6,000.00
$2,000.00
$750.00
$2,500.00
$1,000.00
$3,000.00
$3,000.00
$2,800.00
$800.00
$112,500.00
$4,000.00
$1,980.00
$1,000.00
$3,562.00
$3,816.00
$1,800.00
$2,000.00
$1,400.00
$2,500.00
$3,500.00
$1,000.00
$500.00
$2,500.00
$500.00
$1,000.00
$1,000.00
$4,500.00
$5,000.00
$2,000.00
$1,500.00
$1,000.00
$1,200.00
$5,200.00
$45,000.00
$4,000.00
$4,000.00
$1,500.00
$4,500.00
$6,500.00
$1,500.00
$1,500.00
$5,000.00
$750.00
18 20
73 64
80 1
$3,200.00
$3,800.00
$2,500.00
$3,500.00
$2,000.00
$1,500.00
$3,000.00
$9,000.00
$10,000.00
$4,000.00
$2,500.00
$57,600.00
$76,000.00
$182,500.00
$224,000.00
$160,000.00
$1,500.00
$54,000.00
$60,000.00
$204,400.00
$51,200.00
$16,000.00
$1,000.00
$3,000.00
$3,000.00
$1,200.00
$1,500.00
$500.00
$3,300.00
$3,500.00
$1,700.00
$1,000.00
$500.00
$59,400.00
$70,000.00
$124,100.00
$64,000.00
$40,000.00
$3,208.00
$81,000.00
$100,000.00
$146,000.00
$96,000.00
$80,000.00
$1,200.00
$81,000.00
$130,000.00
$109,500.00
$96,000.00
$400,000.00
$750.00
30 Modify Manhole for Pipe Bursting
31 Raise Cleanout
$200.00
$1,000.00
$3,500.00
$1,000.00
$3,000.00
$3,208.00
$3,500.0032 Remove & Replace Mainline Cleanout
33 Remove & Replace Manhole
34 Install New Manhole
15 1
$45,000.00 $52,500.00 $52,500.00 $78,000.00 $1,500.00 $22,500.00 $16,000.00
$28,000.00
$2,000.00
$9,000.00 $12,500.00
$20,000.00 $12,500.00
$12,500.00 $14,900.00
$25,000.00 $15,800.00
$14,900.00 $16,000.00
$31,600.00 $16,000.00
$16,000.00 $18,000.00
$32,000.00 $17,000.00
$18,000.00 $12,500.00
$34,000.00 $12,500.00
$12,500.00 $16,000.00
$25,000.00 $14,000.002
35 Locate, Raise & Inspect Manhole
36 Locate Manhole
1 $4,000.00 $1,000.00
$500.00
$1,000.00
$2,500.00
$3,100.00
$1,000.00
$3,100.00
$5,000.00
$2,000.00
$500.00
$2,000.00
$2,500.00
$3,000.00
$800.00
$3,000.00
$4,000.00
$5,500.00
$2,200.00
$5,500.00 $2,000.00
$500.005 $12,500.00 $11,000.00 $2,500.00
37 Site Restoration 1 LS $300,000.00
AL $100,000.00
$300,000.00 $70,000.00
$100,000.00 $100,000.00
$7,280,000.00
$70,000.00 $93,000.00
$100,000.00 $100,000.00
$6,486,711.00
$93,000.00 $50,000.00
$100,000.00 $100,000.00
$6,488,117.00
$50,000.00 $56,000.00
$100,000.00 $100,000.00
$6,551,021.00
$56,000.00 $105,000.00
$100,000.00 $100,000.00
$6,588,000.00
$105,000.00 $10,000.00
$100,000.00 $100,000.00
$7,028,987.00
$10,000.00
$100,000.00
$8,718,825.00
38 Bid Allowance 1

TOTAL BID

101 of 597

A
D
E
C
B

DELAWARE

HILLSDALE
US HWY 101 SB
US HWY 101 NB
3RD

STATE HW
Y 92 EB

NORFOLK
STATE HWY 92 WB
4TH

HUMBOLDT

EL CAMINO REAL
9TH
5TH

ALAMEDA DE LAS PULGAS

PACIFIC
POPLAR
2ND

SAN MATEO

PENINSULA

SARATOGA

J HART CLINTON

POLHEMUS

CRYSTAL SPRINGS

MARINERS ISLAND
THIRD

DE ANZA
CONCAR

FRANKLIN

EL CAMINO REAL
Source: Esri, DigitalGlobe, GeoEye, i-cubed, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AEX, Getmapping, Aerogrid, IGN, IGP, swisstopo, and the GIS User Community
Legend
A
B
C
D
EN
City of San Mateo
Collection System Basin Delineation
0 0.5 1 1.5 20.25
Miles

102 of 597

CITY OF SAN MATEO
4 3
0 4

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 12 Section Name: CONSENT CALENDAR Account Number: 10-4662 File ID: 23-7660 TO: City Council
FROM: Christina Horrisberger, Interim City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 17, 2023
SUBJECT:

Citywide Street Rehabilitation Package 4-B Project – Agreement RECOMMENDATION:

Approve an agreement with G. Bortolotto & Company for the Citywide Street Rehabilitation Package 4-B Project in the amount of $2,984,056.50; establish a contingency reserve in the amount of $300,000; and authorize the Public Works Director to execute the agreement in substantially the form presented and issue change orders within the amount of the contingency amount.

BACKGROUND:

The Citywide Street Rehabilitation Package 4-B Project (Project) is part of the Public Works Pavement Management Program (Program). The Project will repair approximately 2.2 miles of streets across eight locations with an Engineer’s Estimate for the Project of $3,300,000. Project locations are shown in the Location Map (Attachment 3).

The Project was advertised on May 2, 2023, and a total of five (5) bids were received and opened on June 1, 2023. The bids received are listed below in order of increasing bid amount.

Company Name Total Bid Amount
G. Bortolotto & Company, Inc. $2,984,056.50
Roadway Construction $3,213,230.00
Interstate Grading & Paving
O’Grady Paving
Granite Construction
$3,506,442.50
$3,590,929.00
$4,876,105.00
After review of bid documents, staff determined that G. Bortolotto & Company, Inc. is the lowest responsive, responsible bidder. Therefore, staff recommends G. Bortolotto & Company, Inc. be awarded this construction agreement.

BUDGET IMPACT:

Sufficient funds are available in the Citywide Street Rehabilitation Package III (467009) project budget to award this agreement.

ENVIRONMENTAL DETERMINATION:

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

103 of 597

CITY OF SAN MATEO
4 3
0 4

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 – Agreement
Att 2 – Location Map

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

104 of 597

Construction Contract Page 1 of 9
Rev 7/21
AGREEMENT WITH G. BORTOLOTTO & COMPANY, INC.

FOR PUBLIC IMPROVEMENT
FOR
CITYWIDE STREET REHABILITATION PACKAGE 4-B PROJECT
CITY PROJECT NO. 467008-46000-1060-43650
THIS AGREEMENT FOR PUBLIC IMPROVEMENTS (“Agreement”), made and entered into in the City of San Mateo, County of San Mateo, State of California, by and between the CITY OF SAN MATEO, a municipal corporation existing under the laws of the State of California, (hereinafter called "City") and G. BORTOLOTTO & COMPANY, INC., a corporation, with offices at 582 Bragato Road, San Carlos, CA94070 (hereinafter called "Contractor"), entered into this day of ____________________.

RECITALS:
(a) City has taken appropriate proceedings to authorize construction of the public work and improvements or other matters herein provided, and execution of this Agreement. (b) A notice was duly published for bids for the contract for the improvement hereinafter described.
(c) After notice duly given, on the date hereof, the City awarded the contract for the construction of the improvements hereinafter described to Contractor.

IT IS AGREED, as follows:

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

CITYWIDE STREET REHABILITATION PACKAGE 4-B PROJECT
CITY PROJECT NO. 467008-46000-1060-43650

2. Contract Price. City shall pay, and the Contractor shall accept, the sum of two million nine hundred eighty-four thousand fifty-six dollars and fifty cents ($2,984,056.50) in full payment for the work set forth above.

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

3. The Contract Documents. The complete contract consists of the following documents: this Agreement; the Notice Inviting Sealed Proposals; the Accepted Proposal; Addendum Nos. 1 and 2; the Contract Book which includes the Special Provisions, Revised Standard Specifications dated April 16, 2021, and Contract Drawings, the State of California Standard Specifications 2018 Edition, the State of California Department of Transportation Standard Plans, 2018 Edition, the Faithful Performance Bond, and the Labor and Material Bond (hereinafter referred to as the “contract documents”).

105 of 597

Construction Contract Page 2 of 9
Rev 7/21
All rights and obligations of City and Contractor are fully set forth and described in the contract documents. The contract documents constitute the entire contract between the parties hereto pertaining to the subject matter hereof, fully supersede any and all prior understandings, representations, warranties and agreements between the parties hereto, or any of them, pertaining to the subject matter hereof, and may be modified only by written agreement signed by all of the parties hereto.

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

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

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

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

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

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

7. Prevailing Wage Scale. The prevailing wage scale as determined by the Director of Industrial Relations of the State of California, in force on the day the bid was announced, will be the minimum paid to all craftsmen and laborers working on this project. Contractor shall also require any subcontractors who work or provide any services related to the project to pay all persons performing labor or rendering service under said subcontract or other arrangement at least the general prevailing rate of wages, determined as set forth herein for the respective crafts and employments, including such wages for holiday and overtime work. A copy of the correct determination will be posted at the job site. It is

106 of 597

Construction Contract Page 3 of 9
Rev 7/21
understood that it is the responsibility of Contractor to determine the correct scale. Copies of the prevailing wage rates are on file at the City Clerk's office, however, errors or defects in the materials in the City Clerk's office will not excuse a bidder's failure to comply with the actual scale then in force.

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

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

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

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

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

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

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

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

107 of 597

Construction Contract Page 4 of 9
Rev 7/21
The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party. No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

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

14. Notices. All notices shall be in writing, and delivered in person or transmitted by certified mail, postage prepaid.
a. Notices required to be given to City shall be addressed as follows:

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

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

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

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

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

19. Severability. If any part or provision of the contract documents is determined by any court to be illegal, invalid, or unenforceable, in whole or in part, the contract documents shall continue to be valid as to its other provisions and the remainder of the affected provision, unless it can be concluded from the circumstances that, in the absence of the provisions found to be null and void, the parties would not have entered into the contract documents. The parties shall use all

108 of 597

Construction Contract Page 5 of 9
Rev 7/21
reasonable efforts to replace any and all provisions or parts found to be null and void with provisions that are valid under the applicable law and come closest to their original intention.

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

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

109 of 597

Construction Contract Page 6 of 9
Rev 7/21
IN WITNESS WHEREOF, this agreement between the CITY OF SAN MATEO and G. BORTOLOTTO & COMPANY, INC. has been duly executed by the parties hereinabove named, as of the day and year first above written.

CITY OF SAN MATEO CONTRACTOR
Azalea Mitch
Public Works Director
Date Robert Bortolotto
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
Linh Nguyen
Assistant City Attorney
Date
Attachments:

Exhibit A: Insurance Requirements

110 of 597

Construction Contract Page 7 of 9
Rev 7/21
Exhibit A
Insurance Requirements for Construction Contracts
Contractor shall procure and maintain for the duration of the contract, and for five years thereafter, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees, or subcontractors.

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

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

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

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

4.Surety Bonds as described below.

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

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

Self-Insured Retentions
Self-insured retentions must be declared to and approved by the Entity. At the option of the Entity, either: the contractor shall cause the insurer to reduce or eliminate such self-insured retentions as respects the Entity, its officers, officials, employees, and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the Entity guaranteeing payment of losses and related investigations, claim administration, and defense expenses. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or Entity.

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

1.The Entity, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations and automobiles owned, leased, hired, or borrowed by or on behalf of the Contractor. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10, CG 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).

111 of 597

Construction Contract Page 8 of 9
Rev 7/21

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

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

Claims Made Policies – (If at all possible avoid and require occurrence type CGL policies) If any coverage required is written on a claims-made coverage form:

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

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

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

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

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

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M.

Best rating of no less than A: VII, unless otherwise acceptable to the Entity.

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

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

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

Surety Bonds

112 of 597

Construction Contract Page 9 of 9
Rev 7/21
Contractor shall provide the following Surety Bonds:

1. Bid bond

2. Performance bond

3. Payment bond

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

Special Risks or Circumstances
Entity reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other circumstances.

113 of 597

101
101EL CAMINO REALALAMEDA DE LAS PULGAS
92 92
37TH AVENUE336TH AVENUE2
ALLEY 151

DELAWARE
S. GRANT STREET5
N. DELAWARESTREET4
POLHEMUS ROAD6
OVERLAND DRIVE7
WOODBERRYAVENUE8
LOCATIONS:234
561ALLEY 15 - FROM 43RD AVENUE TO NORTH ROAD36TH AVENUE - FROM HACIENDA STREET TO EDISON STREET37TH AVENUE - FROM ALAMEDA DE LAS PULGAS TO EDISON STREETN. DELAWARE STREET - FROM STATE STREET TO E. POPLAR AVENUEAND INDIAN AVENUE TO 1ST AVENUE S. GRANT STREET - FROM E. 4TH AVENUE TO E. 5TH AVENUEAND FROM E. 5TH AVENUE TO 9TH AVENUE7POLHEMUS ROAD - FROM TICONDEROGA DRIVE TO PAUL SCANNELL DRIVE8OVERLAND DRIVE - FROM PALOS VERDES DRIVE TO GLENDORA DRIVEWOODBERRY AVENUE - FROM OVERLAND DRIVE TO GLENDORA DRIVE CITYWIDE STREET REHABILITATIONPACKAGE 4-B: LOCATION MAP N

114 of 597

CITY OF SAN MATEO
4 3
1 3

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: 72-4671 File ID: 23-7680 TO: City Council
FROM: Christina Horrisberger, Interim City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 17, 2023
SUBJECT:

Wastewater Treatment Plant Upgrade Engineering Services During Construction – Contingency Increase RECOMMENDATION:

Approve an increase in the contingency reserve by $1,100,000 for the agreement with HDR Engineering, Inc. for engineering services during construction for the Wastewater Treatment Plant Upgrade and Expansion Project for a total agreement amount of $13,143,427, and new total contingency amount of $3,344,000; and authorize the Public Works Director to execute amendments and change orders within the contingency amount.

BACKGROUND:

The City is currently under a Regional Water Quality Control Board Cease and Desist Order requiring improvements to its sewer collection system and Wastewater Treatment Plant (WWTP) to eliminate sanitary sewer overflows and unauthorized discharges of untreated or partially treated wastewater to San Francisco Bay. The Clean Water Program (CWP) includes several capital improvement projects that are currently under construction and intended to comply with the Cease and Desist Order. The WWTP Upgrade and Expansion Project (Project) is one of these projects, which will result in a new treatment plant for processing wastewater. The project designer is HDR Engineering, Inc. (HDR).

The design was released for construction in three packages, which has been underway since May 2019 by Sundt Construction, Inc. The project is anticipated to be complete in January 2025. •Package 1 - Site preparation: completed in July 2022.
•Package 2 - Foundation piles: completed in January 2022. •Package 3 - WWTP process facilities, Administration Building, and Maintenance Warehouse: in progress.

In June 2019, City Council approved an agreement with HDR to provide engineering services during construction (ESDC) for Package 1 of the Project. In June 2020, City Council approved Amendment No. 1 to include ESDC for Package 2. In November 2020, City Council approved Amendment No. 2 to include ESDC for Package 3. As part of the Amendment No. 2 approval, City Council also authorized a contingency reserve of $2,244,000 to address future scope needs (both known items and for unforeseen issues). The total contract value awarded to HDR for Packages 1, 2, and 3, including contingency, is summarized in Table 1. The Public Works Director has executed six additional amendments (Nos. 3 through 8) to HDR’s agreement, drawing down the contingency reserve as detailed in Table 2.

115 of 597

CITY OF SAN MATEO
4 3
1 3
Table 1. HDR Engineering Services During Construction Contract Summary HDR Contract
Value
Contingency
Package 1 (Original Agreement) $450,221 $0
Package 2 (Amendment No.1) $419,830 $0
Package 3 (Amendment No.2) $12,273,376 $2,244,000
Total $13,143,427 $2,244,000
Table 2. Summary of HDR ESDC Amendments using Contingency Funds Contingency Scope Item* Anticipated
Amount*
Approved Amount
(Amendments No. 3-8)

1. Additional Technical Submittals Review $546,131 $63,840

2. Electronic Operations & Maintenance Manual
Development
$292,446 $342,088

3. Process Training for WWTP Staff $224,005 $302,106

4. Treatment Plant Simulator Development and Training $97,389 $108,887

5. Additional Resident Engineer Services (for 2022) $585,480 $807,138

6. Unknown Scope Items $500,000 $442,385
Total $2,244,000 $2,066,444
Remaining Contingency Amount $177,556
*Potential scope items and anticipated amounts were included in the November 2, 2020 Administrative Report to City Council as part of the request to approve Amendment No. 2 and establish a contingency reserve.

Staff recommends increasing the contingency reserve by $1,100,000 to cover additional scope that may be necessary to successfully complete the Project. Anticipated scope needs are summarized in Table 3. Staff will continue negotiating potential amendments to minimize use of contingency funds.

Table 3. Summary of Potential Additional Contingency Scope Items Contingency Scope Item Anticipated Amount

1. Additional Resident Engineer Services (for 2023 and 2024) $500,000

2. Design Modifications and Cost Reviews $250,000

3. Additional ESDC Services for Existing WWTP Motor Control Center Replacements $100,000

4. Additional Project Management Services due to Construction Contract Extension $165,000

5. Additional Process Training for WWTP Staff/Additional Operator Shifts $60,000

6. Asset Management Support to WWTP Staff $25,000
Total $1,100,000
BUDGET IMPACT:

Sufficient funds are available in Project No. 46T003 to increase the contingency on HDR’s agreement for engineering services during construction.

ENVIRONMENTAL DETERMINATION:

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

116 of 597

CITY OF SAN MATEO
4 3
1 3

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
None

STAFF CONTACT
Thomas Ruark, Project Manager II
[email protected]
650-522-7280
Matt Fabry, Deputy Director
[email protected]
650 522 7309

117 of 597

CITY OF SAN MATEO
4 3
1 4

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 14 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 23-7681 TO: City Council
FROM: Christina Horrisberger, Interim City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 17, 2023
SUBJECT:

Wastewater Treatment Plant Upgrade Construction Services – Contingency Increase RECOMMENDATION:

Approve a $9,000,000 increase to the City’s contingency budget for its contract with Sundt Construction, Inc. for construction of the Wastewater Treatment Plant Upgrade and Expansion Project, for a total available budget amount of $456,964,973; and authorize the Public Works Director to issue change orders within the contingency amount.

BACKGROUND:

The City is currently under a Regional Water Quality Control Board Cease and Desist Order requiring improvements to its sewer collection system and Wastewater Treatment Plant (WWTP) to eliminate sanitary sewer overflows and unauthorized discharges of untreated or partially treated wastewater to San Francisco Bay. The Clean Water Program (CWP) includes several capital improvement projects that are currently under construction and intended to comply with the Cease and Desist Order. The WWTP Upgrade and Expansion Project (Project) is one of these projects, which will result in a new treatment plant for processing wastewater.

Due to the size and complexity of the Project and construction demand in the Bay Area, a Construction Manager at Risk (CMAR) delivery approach was selected and approved by City Council on May 16, 2016. Sundt Construction, Inc. (Sundt) was the selected CMAR for the Project. Under a CMAR approach, the contractor agrees to deliver a project for a Guaranteed Maximum Price. For the Project, the CMAR approach facilitated relationships between all involved parties, secured a qualified contractor, and provided greater cost certainty.

Construction of the Project by Sundt has been underway since May 2019 and is anticipated to be complete in January 2025. Three construction packages were awarded:
•Package 1 - Site preparation: Completed in July 2022.
•Package 2 - Foundation piles: Completed in January 2022. •Package 3 - WWTP process facilities, Administration Building, and Maintenance Warehouse: In progress.

The total awarded CMAR contract value for Packages 1, 2, and 3 and owner’s contingency budget is summarized in Table 1.

A total owner contingency amount of $17,270,000 has been approved to cover potential unknown issues such as underground utilities, design modifications, environmental compliance, extreme storm events, design errors and omissions, and owner-directed scope changes. This amounts to 4% of the total contract value.

118 of 597

CITY OF SAN MATEO
4 3
1 4
Table 1. Total CMAR Construction Budget Approved by City Council CMAR Contract
Value
Owner
Contingency
Total Construction
Budget
Package 1 (Original Agreement) $33,098,178 $1,725,000 $34,823,178 Package 2 (Amendment No.1) $17,716,049 $1,645,000 $19,361,049 Package 3 (Amendment No.2) $379,880,746 $13,900,000 $393,780,746 Total $430,694,973 $17,270,000 $447,964,973
Table 2 provides a summary of the current contract value for each package reflecting contract change orders to date and the associated remaining contingency amount. Even though the CMAR approach includes a Guaranteed Maximum Price for delivering the project, there are change events that occur due to unknown conditions or issues beyond the original project scope and understanding. On the ongoing Package 3 construction, the cost of change events has averaged approximately 7% of cumulative construction costs over the past year. Currently, the estimated total cost of known potential changes is approximately $11 million. Based on the remaining owner contingency of $3.9 million, there is a budget deficit of approximately $7 million based on the average historic change order percentage. This $7 million shortfall does not account for any potential unknown issues over the remaining construction period.

Based on the project team’s evaluation, an additional contingency reserve of $2 million for unknown issues is recommended, for a total increased contingency budget of $9 million ($7 million for known potential changes and $2 million for unknown issues) through project completion. This would increase the total construction budget from $448 million to approximately $457 million for the entire Project. The revised total contingency amount of $26,270,000 is 6% of the base CMAR contract value, and while higher than the original budget of 4%, it is within the typical industry norms for similar type and size of projects and less than typical City construction project contingencies of 10% of contract values.

Table 2. Revised Total CMAR Construction Budget with Increased Owner Contingency Revised CMAR
Contract Value a
Remaining Owner
Contingency
Total Construction
Budget
Projected
Additional Owner
Contingency
Revised Total
Construction
Budget
Package 1 $31,630,697 $0 $31,630,697 b $0 $31,630,697
Package 2 $17,206,534 $0 $17,206,534 b $0 $17,206,534
Package 3 $395,185,878 $3,941,864 $399,127,742 $9,000,000 $408,127,742 Total $444,023,109 $3,941,864 $447,964,973 $9,000,000 $456,964,973 Notes:
a) Revised CMAR Contract Value is based on approved Contract Change Orders to date. b) Total construction budget shown for Packages 1 and 2 are actual costs at completion.

Staff recommends approval to increase the contingency budget by $9,000,000 to deliver the remaining scope on Package 3 of the Project. Staff will continue negotiating potential change orders to minimize use of owner contingency funds.

BUDGET IMPACT:

Sufficient funds are available in Project No. 46T003 to increase the owner contingency reserve budget.

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.

119 of 597

CITY OF SAN MATEO
4 3
1 4

ATTACHMENTS
None

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

120 of 597

CITY OF SAN MATEO
4 3
1 8

CITY OF SAN MATEO
Agenda Report
City Hall
330 W. 20th Avenue
San Mateo CA 94403
www.cityofsanmateo.org
Agenda Number: 15 Section Name: CONSENT CALENDAR Account Number: 72-4671 File ID: 23-7689 TO: City Council
FROM: Christina Horrisberger, Interim City Manager
PREPARED BY: Public Works Department
MEETING DATE: July 17, 2023
SUBJECT:

Wastewater Treatment Plant Supervisory Control and Data Acquisition Monitoring and Upgrade Project – Agreement RECOMMENDATION:

Adopt a Resolution to approve an alternative purchasing procedure and approve an agreement with Technology Management Professionals dba TMPros, LLC in the amount of $174,140 to monitor and maintain the Supervisory Control and Data Acquisition system at the Wastewater Treatment Plant, establish a contingency reserve of $21,000, and authorize the Public Works Director to execute the contract in substantially the form presented and issue change orders up to the contingency amount.

BACKGROUND:

The Wastewater Treatment Plant (WWTP, officially the Water Quality Control Plant) uses a Supervisory Control and Data Acquisition (SCADA) system to monitor and control equipment and processes in the WWTP, Dale Avenue Pump Station, and the sewer collection system. The system is critical to maintain the operation of these facilities and must be monitored and maintained as necessary.

Technology Management Professionals dba TMPros, LLC (TMPros) has demonstrated the competency to monitor, patch, and maintain the WWTP’s network on which the SCADA system operates. TMPros was initially a subcontractor for the previous company handling SCADA network system monitoring and demonstrated competence to the satisfaction of WWTP staff and the IT Department. WWTP staff and the Clean Water Program are currently designing and configuring the SCADA system and network for the new wastewater treatment facility. The project upgrade will integrate SCADA systems between the existing WWTP and the new wastewater treatment facility.

Staff recommends approving the contract with TMPros because they are already in the process of integrating the SCADA network system and assisting with the network design for the new facility. It is not feasible to change providers while the project is ongoing. 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 TMPros is appropriate pursuant to these standards because TMPros is already in the process of integrating and assisting with the design of the new facility. It would also take a considerable amount of time to qualify another vendor that satisfies the requirements of the City’s IT Department. Changing vendors would also require a large investment of time and money to establish a new network monitoring system with access and monitoring.

BUDGET IMPACT:

There are sufficient funds available in the WWTP operating budget to cover the expenses.

ENVIRONMENTAL DETERMINATION:

This software technology support is not a project subject to CEQA, because it can be seen with certainty that it will not

121 of 597

CITY OF SAN MATEO
4 3
1 8
cause a physical change in the environment. (Public Resources Code Section 21065.)

NOTICE PROVIDED
All meeting noticing requirements were met.

ATTACHMENTS
Att 1 - Proposed Resolution
Att 2 - Agreement

STAFF CONTACT
Robert Learmonth, Watewater Treatment Plant Manager
[email protected]
650-522-7386
Matt Fabry, Deputy Director
[email protected]
650-522-7309

122 of 597

8 7
3 9

CITY OF SAN MATEO
RESOLUTION NO. __ (2023)

APPROVING AN ALTERNATIVE PURCHASING PROCEDURE FOR AN AGREEMENT WITH TECHNOLOGY

MANAGEMENT PROFESSIONALS DBA TMPROS, LLC FOR SCADA MONITORING AND UPGRADE SERVICES WHEREAS, the Wastewater Treatment Plant uses the Supervisory Control and Data Acquisition (“SCADA”) monitoring system to monitor and control equipment and processes at the Wastewater Treatment Plant as well as at the Dale Ave Pump Station and the sewer collection system; and WHEREAS, the SCADA system network needs to be maintained and updated; and WHEREAS, the City has a current project to upgrade and integrate SCADA network systems between the existing Wastewater Treatment Plant and the new facility; and WHEREAS, Technology Management Professionals dba TMPros, LLC (“TMPros”) has already been vetted by the Information Technology Department; and
WHEREAS, TMPros is already in the process of integrating and designing the network between the existing Wastewater Treatment Plant and the new facility; and WHEREAS, no other providers other than TMPros have been vetted or assisted the City in the integration and upgrade of the SCADA systems between the Wastewater Treatment Plant and the collection system; 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 TMPros for SCADA network monitoring and upgrade services.

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

1. This Council action is exempt from CEQA in that it can be seen with certainty that there is no possibility this activity will have a significant effect on the environment, because this activity relates to software technology support and improvements without any necessary physical changes that may impact the environment. (CEQA Guidelines Section 15061(b)(3).)

2. In accordance with Municipal Code section 3.60.050(b), calling for bids would be impracticable because:
a) TMPros has satisfied technological requirements from the Information

123 of 597

8 7
3 9
Technology Department;
b) TMPros is currenting assisting in the integration and upgrade of the SCADA network systems between the existing Wastewater Treatment Plant and the new facility;
c) Other providers will not have the requisite clearance from the Information Technology Department or the required knowledge base as the SCADA upgrade and integration project is currently mid-project; and
d) Approval of another provider may delay the SCADA upgrade and integration project and cause interruptions of the processes at the Wastewater Treatment Plant.

3. The agreement with TMPros for SCADA monitoring and upgrade services, in the amount not to exceed of $174,140 is approved.

4. The Public Works Director is authorized to execute the agreement in substantially the form presented, on behalf of the City.

124 of 597

City of San Mateo

AGREEMENT WITH TECHNOLOGY MANAGEMENT PROFESSIONALS DBA TMPROS, LLC FOR

MASTER TECHNOLOGY-RELATED PROFESSIONAL SERVICES

This Professional Services Agreement (hereinafter “Agreement”), made as of this day of , is entered into by and between Technology Management Professionals dba TMPros, LLC, (hereinafter referred to as “VENDOR”), an Atwater California Company, and the City of San Mateo (hereinafter referred to as “CUSTOMER”), a municipal corporation in the State of California.

RECITALS:

A. CUSTOMER desires certain equipment, software, maintenance and support services hereinafter described.

B. CUSTOMER desires to engage VENDOR to provide these professional services by reason of its qualifications and experience for performing such services and VENDOR 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 – DEFINITIONS

1.1 “Acceptance” means that CUSTOMER has accepted in writing that the Professional Services, Deliverables or other goods and services as agreed to as part of this Agreement were performed and delivered in accordance with the Statement of Work or Change Order. CUSTOMER will create a list of non-conforming elements which must be corrected before Acceptance, except for minor or inconsequential errors, and such Acceptance shall not be unreasonably withheld. If Professional Services are for the implementation of a software or a system, then within sixty (60) days of the Go Live Date (as defined below) CUSTOMER will create a list of Defects (as defined below) which must be corrected before Acceptance, except for minor or inconsequential errors.

1.2 “Applicable Specifications” means the functional, operational and other characteristics of the Services or deliverables, timeline, milestones, assumptions, testing and validation criteria, and other specifications as described in the Statement of Work or Change Order.

1.3 ”Change Order” is a mutual agreement in writing by both Parties changing the scope of the project. The Change Order will include information such as but not limited to the date executed, due date, scope of work, assumptions, agreed upon cost, hours and rates, job responsibilities, deliverables, verification and acceptance testing, payment terms, requestor, and approving parties).

1.4 “Customization” means but is not limited to all code, software modifications or computer programming to the licensed Software developed or modified under the terms of this Agreement or related Change Order or Statement of Work.

125 of 597

1.5 “Defect” means (i) an omission in software code causing the software or integration links to operate such that it is not in compliance with the Applicable Specifications or (ii) the media on which the product(s) is delivered is damaged or corrupted such that the software does not load properly, (iii) the documentation contains gaps and/or erroneous information with regard to the deliverables, (iv) the services delivered did not meet the Applicable Specifications or were not performed in a professional manner consistent with experts and professionals in the industry, or (v) errors, problems or other irregularities in the deliverables.

1.6 “Effective Date” means the date that this Agreement takes effect, which unless otherwise stated, will be the date set forth on Page One of this Agreement upon being signed by duly authorized representatives of VENDOR and CUSTOMER.

1.7 “Go Live Date” is the date of the first production use of the licensed Software or deliverables from this Agreement by Customer where the Customer is using the Software or deliverable to manage its normal business operations. Prototype development and testing, data conversion and testing, initial system training, and conference room pilot operations and testing take place before the Go Live Date.

1.8 “Professional Services” means all services provided by VENDOR which are primarily intellectual and mental, and performed by qualified personnel. Such services may include without limitation project planning, consulting, project management, data conversion, training, programming, and development of Customizations.

1.9 “Software” means the Vendor’s computer software program(s) licensed by CUSTOMER and identified in the software license agreement.

1.10 ”Statement of Work” means a document mutually developed and agreed upon by both parties which describes in detail the services to be provided by Vendor, implementation schedule and phases, responsibilities of Customer and Vendor, description and schedule of training, detailed list of professional services fees and expenses by major work task, acceptance plans, assumptions, risks, training schedule and description, etc.

SECTION 2 - SCOPE OF SERVICES

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

2.2 Customizations.

2.2.1 All CUSTOMER initiated Customizations shall be made using the Change Order process described herein and shall be compensated at VENDOR’s then prevailing, or other mutually agreeable rates, on a time and materials basis.

2.2.2 Once installed and Accepted, all Customizations shall be considered part of the Licensed and Covered Software.

126 of 597

2.2.3 CUSTOMER shall, within sixty (60) days of Acceptance of any Customization pay VENDOR a mutually agreeable and pro-rated additional Maintenance and Support Fee for any Customization.

2.3 Customer’s Rights to Engage Other Consultants. CUSTOMER reserves the right to engage other consultants in connection with this Agreement. Any third party receiving confidential information or trade secrets under this paragraph must agree to the same prohibition against disclosure as CUSTOMER and VENDOR may require that any such third party execute a non-disclosure agreement which includes widely accepted and reasonable non-disclosure terms.

2.4 Progress. VENDOR shall keep the Project Manager and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned hereunder, and any meetings that have been scheduled or are desired relative to the Professional Services or relative to this Agreement.

2.5 Scheduling. VENDOR shall generally have no obligation to work any particular schedule, unless otherwise provided in this Agreement or in the Statement of Work. VENDOR shall coordinate the provision of the Professional Services with CUSTOMER in such a fashion and schedule so as to achieve the results sought under the terms of this Agreement.

2.6 Statement of Work. The Services, such as but not limited to training, software implementation, software development and customization, consulting, and interface development, will be performed pursuant to and in accordance with the Statement of Work attached hereto as Exhibit A of this Agreement.

2.7 Change Orders. Change Orders applicable to the Statement of Work shall be negotiated and implemented as described in the Statement of Work or as otherwise agreed to by the duly authorized representatives of both parties. VENDOR shall use its best efforts to provide all costs, Third Party Software, additional platform and infrastructure requirements, additional training requirements, and any other additional component or services within fifteen (15) business days of receipt of a Change Order.

SECTION 3 - DUTIES OF VENDOR

3.1 Vendor Responsibilities. VENDOR warrants that it has all requisite power and authority to conduct its business and to execute and deliver, and to perform all of its obligations under this Agreement.

VENDOR warrants that the individual who has signed this Agreement representing VENDOR has the legal power, right and authority to enter into this Agreement so as to bind VENDOR to perform the conditions contemplated herein.

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

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

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

VENDOR 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.

127 of 597

3.2 Vendor’s Responsibilities for Costs and Expenses. VENDOR shall be responsible for all costs and expenses incurred by VENDOR, personnel of VENDOR, and subcontractors of VENDOR, in connection with this Agreement and performance of the Professional Services, including, without limitation, payment of salaries, fringe benefit contributions, payroll taxes, withholding taxes and other taxes or levies and all other amounts due to its personnel and subcontractors, office overhead expenses, travel expenses except as otherwise agreed, telephone and other telecommunications expenses, and document reproduction expenses.

3.3 Travel Expenses. Travel and related expenses shall be necessary, reasonable and consistent with CUSTOMER’s travel policies, and shall be mutually agreed upon in advance. CUSTOMER shall not be responsible for any VENDOR travel time

3.4 Vendor Personnel and Professional Services Warranty. The Services shall be performed by VENDOR or under its supervision, and VENDOR shall be responsible for all actions and work product(s) of the personnel working on behalf of VENDOR in the performance of this Agreement.

VENDOR represents that it possesses the professional and technical personnel required to perform the Professional Services for this Agreement and as defined in the Statement of Work. VENDOR warrants that all Services will be performed diligently and in a timely, professional and workmanlike manner by experienced and competent personnel with the care and skill ordinarily exercised by members of the profession practicing under similar conditions using all common and widely accepted practices and professional standards for Services such as but not limited to installing, implementing, deploying, and maintaining the Product.

VENDOR represents and warrants that (i) none of the Services or any part of this Agreement is or will be inconsistent with any obligation VENDOR may have to others; (ii) the Services, deliverables or work products as they are delivered to CUSTOMER will not infringe, misappropriate or violate any intellectual property or other right of any person or entity; and (iii) VENDOR has the full right to provide CUSTOMER with the assignments and rights provided herein (including without limitation, through execution of appropriate written agreements with its employees, agents and subcontractors).

3.5 Remedies for Non-Performance of Services. If any element of the Services does not conform to the warranty on Professional Services, then CUSTOMER shall notify VENDOR in writing of such nonconformance.

VENDOR shall timely re-perform such element in a manner that does conform, provided, however, that if such re- performance is impracticable, VENDOR shall timely refund the fees allocable to such nonconforming element. At its sole discretion, CUSTOMER may withhold payment for non-conformance to professional standards, excessive or unauthorized costs, or defects in deliverables until remedied, and no interest, penalties or late fees shall apply to such withholdings.

3.6 Cooperation with Customer’s Project Manager. As required herein or in the Statement of Work, CUSTOMER shall designate a Project Manager for the project effort to implement the Product. VENDOR shall work closely and cooperate fully with CUSTOMER’s designated Project Manager, and any other agencies which may have jurisdiction over or interest in the Software and related Professional Services. The Project Manager will administer this Agreement on behalf of CUSTOMER. The Project Manager, or his/her designee, shall be the principal officer of CUSTOMER for liaison with VENDOR, and shall review and give approval to the details of the Scope of Work and Services as described in the Statement of Work and any Change Orders or Amendments to this Agreement. The Project Manager shall be specified in the Statement of Work which is mutually agreed to between CUSTOMER and VENDOR. CUSTOMER reserves the right to change its Project Manager.

128 of 597

3.7 Vendor Marketing. No news releases, including photographs, public announcements, or confirmations of the same, relating to any part of the subject matter of this Agreement or any phase of providing the Professional Services shall be made without prior written consent of CUSTOMER. The information which VENDOR acquires related to its performance of the Professional Services shall be kept confidential unless the release of information is authorized in writing by CUSTOMER.

3.8 Electronic Format for Supporting Documentation. All VENDOR and Third Party Supporting Documentation provided electronically shall be provided in a form and format that does not require CUSTOMER to purchase additional Third Party Software to view and print the Supporting Documentation.

3.9 Virus Free. VENDOR warrants that to the best of its knowledge there are no viruses, backdoor entries, time bombs, unauthorized programming, lockout devices or other disruptive technologies being shipped with deliverables, products or software in this Agreement. CUSTOMER will notify VENDOR in writing if it detects such disruptive technologies and will provide any information that it may have regarding the nature of such non- conformance. VENDOR will correct such non-conformance in a timely manner and at no cost to CUSTOMER.

SECTION 4 - DUTIES OF CUSTOMER
CUSTOMER shall provide pertinent information regarding its requirements for the project.

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

SECTION 5 - TERM
The services to be performed under this Agreement shall commence on July 1st, 2023, and be completed on June 30th, 2024.

SECTION 6 - PAYMENT

6.1 The total amount payable to VENDOR under this Agreement shall not exceed $174,140. There will be a 15% holdback of all fees which will be paid upon final Acceptance by CUSTOMER without penalty or late fees.

6.2 Payment for services will be authorized and processed by CUSTOMER according to the following schedule:

6.2.1 Installation support and training services (including technical configuration, process consulting, project management and training) fees will be invoiced monthly upon completion of the agreed upon designated tasks and deliverables as defined in the Statement of Work. VENDOR must provide an itemized invoice showing the specific tasks completed and the resources involved in each task.

6.2.2 Travel expenses must be approved in advance by CUSTOMER. Approved travel expenses will be paid upon presentation of actual receipts and documented completion of travel.

6.2.3 Data conversion fees (data conversion activities, responsibilities and fees will be defined in the Statement of Work) will be invoiced upon approval by CUSTOMER on a module by module basis according to the following schedule:
- 50% of the Data Conversion fees upon the VENDOR’S verification of successful data conversion, an d successful installation of the converted data for each module in preparation for reliability and acceptance testing.
- 50% of Data Conversion fees upon CUSTOMER’S verification that reliability and acceptance tests have been successful and non-conforming issues have been corrected.

129 of 597

6.2.4 Customization and development services will be invoiced monthly upon completion of agreed upon tasks, milestones and deliverables. The vendor must provide an itemized invoice showing the specific tasks completed and the resources involved in each task.

6.3 Payment shall be made by CUSTOMER only for services rendered and upon submission of a payment request upon completion and CUSTOMER approval of the work performed. In consideration for the full performance of the services set forth in the Statement of Work in Exhibit A, CUSTOMER agrees to pay VENDOR a fee pursuant to rates stated in Exhibit B, attached and incorporated by reference. Based on the applicable payment schedule or as otherwise agreed to in the executed contract(s), CUSTOMER will pay all properly authorized, documented and prepared invoices which are not in dispute within thirty (30) days of receipt by CUSTOMER of such invoices.

6.4 Withholding of Payment. In addition to the 15% holdback of all fees, the CUSTOMER will withhold payment without penalty or late fees, for the VENDOR’S non-conformance to professional standards, excessive or unauthorized costs, or defects in deliverables until remedied.

S
ECTION 7 – TERMINATION
Without limitation to such rights or remedies as CUSTOMER shall otherwise have by law, CUSTOMER shall have the right to terminate this Agreement or suspend work on the Project for any reason, upon ten (10) days' written notice to VENDOR. VENDOR agrees to cease all work under this Agreement upon receipt of said written notice.

S
ECTION 8 - OWNERSHIP OF DOCUMENTS
All documents prepared by VENDOR in the performance of this Agreement are and shall be the property of CUSTOMER, whether the project for which they are made is executed or not.

S
ECTION 9 - CONFIDENTIALITY
All reports and documents prepared by VENDOR in connection with the performance of this Agreement are confidential until released by CUSTOMER to the public. VENDOR shall not make any such documents or information available to any individual or organization not employed by VENDOR or CUSTOMER without the written consent of CUSTOMER before any such release.

The following shall not be considered Confidential or Proprietary Information: (i) any information in the public domain at the time of its communication thereof to either party by the other party; (ii) any information which enters the public domain, through no fault of the receiving party subsequent to the time of its communication to the receiving party; (iii) any information which is obtained in good faith by either party from a third party, provided such third party is not bound by a confidentiality agreement with Vendor or Customer, as applicable; (iv) i nformation that was already known to that party prior to the date of disclosure to that party; (v) information w hich the receiving party establishes was developed independently of confidential or proprietary information f urnished to it; and (vi) information that is required to be disclosed to any court, government authority or r egulatory authority or pursuant to requirement of any state or federal law.

130 of 597

SECTION 10 - INTEREST OF VENDOR

VENDOR 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 11 - VENDOR'S STATUS

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

SECTION 12 – PERSONNEL REVIEW AND APPROVAL

VENDOR shall have the right to assign personnel to this Agreement, but CUSTOMER shall have the right of review of VENDOR’s personnel assigned to the project, including all subcontractors. This includes but is not limited to CUSTOMER’s ability to require a timely replacement.

VENDOR warrants that each person assigned to this Agreement will be for the duration of the project with full- time efforts except as specified or agreed to by CUSTOMER, or due to the following exceptions: illness, death, termination or resignation from VENDOR. No subcontractors shall be used on the project without the express written approval of CUSTOMER.

SECTION 13 - INDEMNITY

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

SECTION 14 - INSURANCE

VENDOR shall procure and maintain for the duration of the contract the insurance specified in Exhibit B of this agreement.

SECTION 15 - NONASSIGNABILITY

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

131 of 597

SECTION 16 - RELIANCE UPON SKILL OF VENDOR

It is mutually understood and agreed by and between the parties hereto that VENDOR is skilled in the performance of the work agreed to be done under this Agreement and that CUSTOMER relies upon the skill of VENDOR to do and perform the work in the most skillful manner, and VENDOR agrees to thus perform the work.

The acceptance of VENDOR's work by CUSTOMER does not operate as a release of VENDOR from said obligation.

SECTION 17 - WAIVERS

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

SECTION 18 - COSTS AND ATTORNEY FEES

Attorney fees in an amount not exceeding $85 per hour per attorney, and in total amount not exceeding $5,000, 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 $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 of this Agreement that neither Party 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 Agreement.

SECTION 19 - NON-DISCRIMINATION

VENDOR warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither VENDOR nor any of its sub-Vendors 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 20 – MEDIATION

20.1 Dispute Resolution. In the event of any dispute between the parties hereunder, the parties shall first attempt to resolve the dispute at the Project Manager level representing CUSTOMER and his/her equivalent representing VENDOR. If the dispute is not resolved at this level within ten (10) business days of the date the other party is first informed of the dispute in writing, the parties shall attempt to resolve the dispute at the City Manager level and his/her equivalent representing VENDOR. The use of the foregoing procedure is a condition precedent to the commencement of any mediation or other legal proceedings hereunder.

20.2 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 thirty (30) days of a request. The mediator shall be agreed to by the mediating parties; in the absence of an agreement, the Parties shall each submit one name from mediators listed by the American Arbitration Association, the California State Board of Mediation and Conciliation, or other agreed-upon service. The mediator shall be selected by a “blindfold” process.

132 of 597

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 sixty (60) days, unless the parties extend the maximum time.

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 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.

The cost of mediation shall be borne equally by the parties. Neither party shall be deemed the prevailing party.

No party shall be permitted to file a legal action without first meeting in mediation and making a good faith attempt to reach a mediated settlement. The mediation process, once commenced by a meeting with the mediator, shall last until agreement is reached by the parties but not more than 60 days, unless the maximum time is extended by the parties.

SECTION 21 - LITIGATION

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

SECTION 22 - NOTICES

All notices, requests, consents and approvals hereunder shall be in writing and shall be delivered with proof of receipt where official proof of receipt can be validated, postage prepaid, and addressed as follows:

To CUSTOMER: Robert Learmonth
City of San Mateo
2050 Detroit Drive
San Mateo, Ca 94404
To VENDOR: Technology Management Professionals
Attn: Baron Wolt
4790 Caughlin Pkwy #438
Reno, Nevada 89519

Either party may change its address or addressee for the purposes of this paragraph by notice. Notice given in accordance with this paragraph shall be deemed given when received.

SECTION 23 – TOBACCO FREE STANDARDS

CUSTOMER has adopted a policy which prohibits the use of tobacco products within CUSTOMER buildings, vehicles or on CUSTOMER property. VENDOR employees, subcontractors, or employees of subcontractors shall abide by the policy during the performance of this Agreement.

133 of 597

SECTION 24 – TAXES

CUSTOMER shall be liable for all federal, state, municipal or other governmental taxes, duties charges or costs, however designated, now or hereinafter imposed, upon the Services and deliverables of this Agreement exclusive, however, of taxes based upon net income, gross income or net worth of VENDOR; taxes based upon the franchise of VENDOR; taxes based upon any equipment or software, other than that which is licensed in this Agreement, which are owned by the VENDOR; or taxes paid by or for any employee of the VENDOR. CUSTOMER reserves the right to review the tax charges and, in no event, will be responsible to pay more than is appropriate or actually paid under applicable law. VENDOR will pass on to CUSTOMER any tax refunds received with respect to the CUSTOMER’s previous payment or reimbursement of applicable taxes hereunder.

SECTION 25 – COOPERATION/FURTHER ACTS

The parties shall fully cooperate with one another in attaining the purposes of this Agreement and, in connection therewith, shall take any such additional further acts and steps and sign any such additional documents as may be necessary, appropriate and convenient as related thereto.

SECTION 26 – TRANSITION COOPERATION

Upon termination of this Agreement for any reason, VENDOR agrees to, upon CUSTOMER’s written request:

1. Provide sufficient efforts and cooperation to ensure an orderly and efficient transition of services to CUSTOMER or its contractor without degradation of the quality and level of VENDOR’s performance of its services to CUSTOMER.

2. Return to CUSTOMER all data records, logs and documentation in a mutually agreeable format, including full disclosure of the custom software code and system design, third party suppliers and other pertinent information about the services required to perform the Services for CUSTOMER.

3. Furnish phase-in training, and phase-in/phase-out services for up to ninety (90) calendar days after termination of this Agreement.

4. Negotiate in good faith a plan with a successor to determine the nature and extent of phase- in/phase-out services required. The plan shall specify a date for transferring responsibilities and shall be subject to CUSTOMER’s approval.

SECTION 27 – FORCE MAJEURE

Neither Party will incur any liability to the other on account of any loss or damage resulting from any delay or failure to perform all or any part of this Agreement if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond its reasonable control and without negligence of the Parties. Such events, occurrences, or causes will include, without limitation, acts of God, strikes, lockouts, riots, acts of war, acts of terrorism, floods, and earthquakes.

SECTION 28 - AGREEMENT CONTAINS ALL UNDERSTANDINGS; AMENDMENT

This document represents the entire and integrated agreement between CUSTOMER and VENDOR and supersedes all prior negotiations, representations, and agreements, either written or oral. Unless set forth herein, neither Party shall be liable for any representations made whether orally or in writing.

This document may be amended only by written instrument, signed by duly authorized representatives of both CUSTOMER and VENDOR.

134 of 597

The documents constituting the Agreement between both Parties are intended to be complementary so that what is required by any one of them shall be as binding as if called for by all of them. The Exhibits shown below constitute a material part hereof, and are hereby incorporated by reference herein as part of this Agreement.

1. Exhibit A – Managed IT Services Proposal and Fee Schedule

2. Exhibit B – Insurance Requirements

In the event of a disagreement between the various documents relating to this Agreement, the order of precedence shall be as follows (in order from most controlling to least controlling):

1. This Agreement

2. Managed IT Services Proposal and Fee Schedule

SECTION 29 - 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]

135 of 597

IN WITNESS WHEREOF, CITY OF SAN MATEO and Technology Management Professionals dba TMPros, LLC have caused this Agreement to be executed as of the Effective Date by their duly authorized representatives, and hereto have accepted the terms, conditions, and provisions set forth above.

CITY OF SAN MATEO VENDOR
Azalea Mitch
Director of Public Works
Date Baron Wolt
President
Its Authorized Agent
Date

APPROVED AS TO FORM
Linh Nguyen
Assistant City Attorney
Date

Attachments:

Exhibit A - Statement of Work and Fee Schedule
Exhibit B - Insurance Requirements

136 of 597

$7.00 0 $0.00
Exhibit A
Managed IT Services
06 / 02 / 2023
Quote no.:

Exp. Date:

Quote 6545
07/01/2023
Prepared for City of San Mateo WWTP
2050 Detroit Ave
San Mateo, CA 94404CA
Non-Recurring Setup Charges (NRC)
Initial setup requires the installation of the TMPros monitoring software and the reconfiguration of any systems to support the service. It does not include the cost of any required hardware or software purchases required to bring systems into compliance with best practices. Any identified deficiencies and recommendations will be presented during the setup and onboarding process.

Managed IT Services - Monthly Recurring Charges (MRC)
Price QTY Subtotal
Monitoring
Server Monitoring
24x7 Remote Monitoring, Patch Management, Ticketing,
and Remote Management Tools
$100.00 30 $3,000.00
Workstation Monitoring
24x7 Remote Monitoring, Patch Management, Ticketing,
and Remote Management Tools
$35.00 4 $140.00
Network Device Monitoring
24x7 Remote Monitoring of Switches, Routers, Wireless
Access Points, and Critical Printers
$35.00 30 $1,050.00
Security
Managed Endpoint Detection and Automated
Response
Professional EDR for Win/MacOS/Linux endpoints.

4790 Caughlin Pkwy #438

137 of 597

$40.00 0 $0.00
$5.00 0 $0.00
$14.00 0 $0.00
$5.00 0 $0.00
$95.00 0 $0.00
TMPros
External Vulnerability Scanning
External vulnerability scanning per IP or host name per month. Typically at least one per site.

Risk Intelligence Scanning
Scan for protected information per device scanned per
month
Workstation Cloud Backup
Workstation Document Backup
Server Support & Services
Veeam Management $20.00 19 $380.00
Desktop Support $25.00 4 $100.00
Virtual Server Support $50.00 25 $1,250.00
Physical Server Support
Includes SAN/NAS
$125.00 8 $1,000.00
Server Backup Pro
Cloud backup (Up to 500 GB)
Network Support
Network Device Support $25.00 25 $625.00
Onsite Monthly
MSA: Support Project
Monthly Maintenance, Onsite Visit, Transition hours for migration
$75.00 60 $4,500.00
Monthly Reporting
MSA: CIO Services
Monthly Progress Report and Invoices
$200.00 4 $800.00
Managed IT MRC $12,845.00

138 of 597

4790 Caughlin Pkwy #438
Initial Term Selection
Please select only one of the options below. A discount will automatically be applied to your Managed Services MRC for the selected term. Discounts do not apply to software or cloud licenses. Hourly services will be billed based on the term selection in the chart below. 12 Months 24 Months 36 Months 48 Months 60 Months
Managed IT MRC
Services Discount
0% 2% 4% 6% 8%
VoIP Discount
MRC Discount
0% 2% 4% 6% 8%
Onsite Services
(Incident Response)
$175 per
hour
$150 per hour $125 per hour $110 per hour $100 per hour Project Services $175 per
hour
$150 per hour $125 per hour $110 per hour $100 per hour CIO Services $250 per
hour
$225 per hour $175 per hour $150 per hour $125 per hour Selected Term
City of San Mateo WWTP

139 of 597

EXHIBIT B

Insurance Requirements for Vendors

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

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

2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

(Not required if consultant provides written verification it has no employees)

4. Cyber Liability Insurance, with limits not less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses.

Technology Professional Liability Errors and Omissions Insurance appropriate to the Consultant’s profession and work hereunder, with limits not less than $2,000,000 per occurrence. Coverage shall be sufficiently broad to respond to the duties and obligations as is undertaken by the Vendor in this agreement and shall include, but not be limited to, claims involving security breach, system failure, data recovery, business interruption, cyber extortion, social engineering, infringement of intellectual property, including but not limited to infringement of copyright, trademark, trade dress, invasion of privacy violations, information theft, damage to or destruction of electronic information, release of private information, and alteration of electronic information. The policy shall provide coverage for breach response costs, regulatory fines and penalties as well as credit monitoring expenses. a. The Policy shall include, or be endorsed to include, property damage liability coverage for damage to, alteration of, loss of, or destruction of electronic data and/or information “property” of the Agency in the care, custody, or control of the Vendor. If not covered under the Vendor’s liability policy, such “property” coverage

140 of 597